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HomeMy WebLinkAbout93-1103 No. 20 Common Council Proceedings of the City of Buffalo Regular Meeting, November 3, 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. Pitts - 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. Pitts, 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. Pitts, 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 Pitts, 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. SPECIAL COMMITTEE ON EDUCATION: Hon. Dale Zuchewski, Chariman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon.Rosemarie LoTempio, Hon. Carl A. Perla, Jr. 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. PARKS CONSERVACY TASK FORCE: - Hon David A. Franczyk, Hon. Archie L. Amos, Jr. Hon Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Susan West, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Gretchen Toles, Stan Buczkowski, David P. Comerford, Samuel F. Iraci, Jr. 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, November 3, 1993 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla, Pitts, and Zuchlewski- 12. ABSENT- Franczyk,- 1. On a motion by Mr. Fahey, seconded by Mr. Bell, the minutes of the stated meeting held on October 19, 1993 were approved. FROM THE MAYOR No. 1 Veto of Ordinance Amendment Chapter 264 - Licensing of Rental Housing Business - Res. 146 Oct. 19, 1993 Item No. 187, C.C.P., September 21, 1993 Item No. 226, C.C.P., September 7, 1993 During my sixteen years of service to the citizens of the City of Buffalo, I have always placed the highest priority on making all of our city's neighborhoods safe and healthy environments for individuals and families I have also used common sense in determining objectives based upon our available resources. Last year the City's Inspections Department conducted 68,000 inspections and prepared over 2,000 cases for housing court. Buffalo's Housing Court has taken a more aggressive role in enforcing existing housing ordinances, as well as, hearing tenant and landlord disputes. The results of the above two (2) developments has greatly increased the compliance of City Housing Ordinances in Buffalo's neighborhoods by both owner occupied and absentee owned properties. However, the Buffalo Common Council has approved a proposed Ordinance Amendment, Chapter 264 - Licensing of Rental Housing Business; and has identified through budget cuts, a ode (l) shot revenue allocation, to hire additional Building Inspectors to enforce the proposed Chapter #264 Ordinance. Additionally, this ordinance is to take affect on January 1, 1994 and its suppose to be implemented within 120 days. Even its principal sponsor concedes that it could take six (6) months to a year for a new Mayor to draft a detailed plan. While additional Building Inspectors are beneficial, the Common Council did not institute a fee structure to ensure that the three (3) year objective of proposed ordinance #264 can be achieved. Also, the one (1) shot revenues provided by the Common Council to enforce the proposed #264 ordinance, did not provide funds for support staff and equipment (computers) that would be necessary to establish the work force necessary to' meet the three (3) year requirements for licensing over 30,000 units. Previously, the Common Council passed ordinance Chapter 129 that requires the City's Department of Inspections and Community Revitalization to inspect and issue Certificates of Occupancy (C of O's), over a three (3) year period, for all of the city's multiple dwellings. There are approximately 4,700 multiple dwellings in the City of Buffalo. In attempting to enforce the multiple dwelling ordinance #129 the Inspect ions Department has encountered up to a 50% error rate in the City's assessment records. Consequently, the Inspections Department is investigating and correcting all multiple dwelling assessment records manually. The City of Buffalo is also undergoing the installation of a new main frame computer system. The Department of Inspections and Community Revitalization is scheduled, by Data Processing, to have its computers installed in July, 1994. The delays mentioned above in enforcing ordinance #129 can produce a revenue shortfall of $240,000 which was included in the City's current budget. Those delays will have a negative impact on the implementation and enforcement of proposed ordinance #264. Another flaw in proposed ordinance #264, for licensing landlords, is that the Department of Inspections and Community Revitalization is named as the department responsible for issuing Rental Housing business Licenses. By City Charter, this responsibility should be undertaken by the City's Division of Licenses, in the Department of Public Works. For the time being, the Inspections Department should be provided sufficient time and resources to implement and enforce ordinance #129. The Common Council should also consider some of the recommendations cited in its recent $50,000 study of the Inspection's Department by Price Waterhouse. Those recommendations involve the computerization of the department, more support and supervisory staff and a larger and more modern working environment, involving modern technology. While proposed Ordinance #264 does have merit in its Legislative Intent, particularly in requiring the name, principle business residence, business address, of the owner, partnership, joint tenancy, tenancy in common, or tenancy by the entirety, each and every owner or general partner, corporation or designated agent; it is severely flawed in being able to be fairly implemented over a three (3) year period due to the concerns previously mentioned. I am also recommending that the Common Council consider the use of Community Development Block Grant funded non-profit Community Based Housing Organization, in the effort to identify absentee owned properties that violate local housing standards and may be in violation of local housing ordinances. Those organization received $1,250,000 annually for administrative costs and have over 70 employees. They should be responsible for identifying and tracking absentee owned properties in their corporate boundaries. The CBO's would then report to the City's Inspection Department, absentee owned properties that are eyesores or sources of complaints in their neighborhoods. The City Inspections Department would then investigate those complaints. In the interim, the Common Council and the new administration can spend more time and thought to addressing neighborhood housing problems in a manner that is fair, enforceable and affordable to all parties - including the City of Buffalo. I, therefore, for the reasons listed above, veto the proposed Ordinance Amendment, Chapter 264 - Licensing of Rental Housing Business (Item No. 187, C.C.P., September 21, 1993), (Item No. 226, C.C.P., September 7, 1993), which was approved by a seven (7) to six (6) vote as Item No. 226 on October 19, 1993. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 2 Veto Re-Authorize Private Sale Of 47 Dempster Item No. 13, C.C.P 10/19/93 Item No. 1, C.C.P 10/5/93 Item No. 219, C.C.P 9/21/93 I am hereby vetoing the above item, Sale of Vacant Lot 47 Dempster Street, which is in the Lovejoy Councilmanic District, to Mr. and Mrs. Gallagher, in the sum of $2,000 for the purpose of having Burke Brothers Construction build them a new subsidized single family home. I have vetoed this item twice before with the Common Council sustaining both vetoes and then re-approving the sale to Burke Brothers Construction for $2,000. My previous vetoes were based upon an opening bid of $3,700 at a public auction for this property in February of 1992. At that auction three bids were received at $6,000, $8,000 and $8,500. I understand that when the high bid of $8,500 was not honored; the second bid of $8,000 made by Michael Riccione of Lovejoy Builders was not honored. I understand that Mr. Riccione offered to pay $3,700 which was the opening bid and which is considerably higher than $2,000. Love joy Builders has a long and distinguished reputation in the Buffalo area as a reputable new home builder. Mr. Riccione, for personal reasons, cannot begin construction on a new market rate home within 30 days. He will, however, guarantee that he will build a new market rate home on 47 Dempster by June of 1994. An objective of the Affordable New Home Program is to build subsidized homes, in locations that are of no interest to private market demand. This situation is an example where we are driving out the private market by using federal tax dollars to entertain the construction of a subsidized home. The Gallagher family is related to the Riccione family and this matter has caused considerable ill feelings within the Family. Also, Burke Brothers Construction is selling the Gallaghers existing home, as well as, building them a new subsidized home. Also, the issue of a sales contract prior to Burke Brothers obtaining title to 47 Dempster appears to have contributed to this controversy. I still believe that the City's best interests in this matter are to work with a private developer and to sell the lot for $3,700 to Lovejoy Builders or to sell the lot at a public auction to the highest bidder. Mr. Fahey now moved to override the Mayor's Veto of Re-authorize Private Sale of 47 Dempster (Item No. 13, C.C.P., October 19, 1993). Seconded by Mr. Bakos. REPASSED. AYES- 12 NOES- 0. * Vetoes were held in abeyance until Mr. Pitts took his seat in the Chambers. No. 3 Reappointment of Member of City Planning Board Pursuant to the powers vested in me by Section 316 of the City Charter, I hereby reappoint, subject to confirmation by Your Honorable Body, Michael G. Lyons, residing at 29 Wright Avenue, Buffalo, New York - 14215, as a member of the City Planning Board for a term expiring on October 9, 1996. I hereby certify that Michael G. Lyons is fully qualified for reappointment to the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 4 Designation of Chairman of City Planning Board Pursuant to the powers vested in me by Section 316 of the Charter of the City of Buffalo, I hereby designate Reverend S. Theodore Berg, residing at St. Teresa's Rectory, 1974 Seneca Street. Buffalo - 14210, as chairman of the City Planning Board effective October 21, 1993. Father Berg will succeed Donald L. Champagne who has resigned as chairman. I hereby certify that Reverend S. Theodore Berg is fully qualified to serve as chairman of the City Planning Board. RECEIVED AND FILED. No. 5 Designation of Chairperson of Committee of Substance Abuse Services Pursuant to the powers vested in me by Section 285.27 of Article 14-A of the Charter of the City of Buffalo, I hereby designate Dr. Murlidhar Yadov, residing at 755 St. Lawrence Avenue, Buffalo - 14216, as chairperson of the Committee of Substance Abuse Services. I hereby certify that Dr. Yadov is fully qualified to serve as chairperson of the Committee of Substance Abuse Services. RECEIVED AND FILED. No. 6 Appointment of Member of the Broadway Market Board of Directors Please be advised that pursuant to the powers vested in me under the By-Laws between the City of Buffalo and the Broadway Market Management Corporation (BMMC), I hereby appoint Joseph Petruso residing at 56 Dexter Terrace, Tonawanda - 14150, as a member of the Broadway Market Board of Directors for a term expiring on December 31, 1994. Joseph Petruso will fill the unexpired term of Stan Jasinski who has resigned. I hereby certify that Joseph Petruso is fully qualified to serve as a member of the Broadway Market Board of Directors. This correspondence will supersede my correspondence of 9/30/93 appointing Joseph Petruso to succeed the late Frank Mavica. RECEIVED AND FILED. No. 7 Designation of Nominees for Appointment to the Board of Trustees of the Buffalo and Erie County Public Library Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith is a list of three (3) nominees designated by me as eligible for appointment to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one trustee from the said three (3) nominees for a term ending December 31, 1998. The vacancy was created by the expiration of the term of Dale J. Floss on December 31, 1993. Dale J. Floss 209 Summer Street - Apt. 10 Buffalo, 14222 Michael G. Lyons 29 Wright Avenue Buffalo, 14215 Jay B. Duderwick 335 Weimar Buffalo, 14206 Dale J. Floss is currently owner of the Village Florist of Buffalo, Inc., 571 Elmwood Avenue - 14222. He is the former founder and President of Consolidated Piggyback Inc., former District Manager of Clipper Carloading and former Sales/operations manager for Black Diamond Service, Inc. Dale J. Floss has been very active in many community and professional organizations: - Chairman, Transportation Advisory Board of the City of Buffalo -1980-87 - Member, Executive Committee - Buffalo Sesquicentennial - 1982 - Director, Buffalo Canoe Club - 1973-76 - Chairman, Entertainment Committee, Saturn Club - 1976 - President, Buffalo Tennis Group - 1970-81 - Editor, Buffalo Transportation Club Newsletter - 1965-74 - Director, Buffalo Transportation Club - 1967-69 - Director, Delta Nu Alpha Traffic Club - 1968-70 Michael G. Lyons, manager of Energy and Utilities for the Buffalo Municipal Housing Authority is a life-long resident of the City of Buffalo. Mr. Lyons is a graduate of S.U.N.Y. at Buffalo with a Bachelor of Arts degree in Sociology. He has been a member of the Buffalo City Planning Board since 1978. Jay B. Duderwick is Director of Community Revitalization for the City of Buffalo. He has responsibility for the planning, development, marketing and delivery of neighborhood revitalization programs in the City of Buffalo. He attended Midwestern University, Wichita Falls, Texas from September 1971 to December 1971 and SUNYAB from May 1972 to May 1975 RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 8 Hoang & Nhu Thi Le - Request to Convert a Retail Store to a Restaurant at 2018 Bailey Ave. (No. 89, C.C.P., Oct. 19,1993) The City Planning Board voted to receive and file the matter captioned above since the subject property lies in a zone which permits such uses as a matter of right. RECEIVED AND FILED. No. 9 Presbyterian Homes of Buffalo - Request To Erect an Illuminated Ground Sign Which Encroaches The Right-of-Way at 1175 Delaware Item No. 90, C.C.P., October 19, 1993 The City Planning Board at its regular meeting held Tuesday, October 26, 1993, considered the above request pursuant to Sections 387-19 and 413-67 of the Buffalo Code, Review of Ground Signs and Review of Right-of-Way Encroachments. The applicant seeks to place an illuminated (externally lighted) accessory sign which will measure 60 inches by 30 inches or 1 1/4 square feet in area. The sign will also encroach the right-of-way of Delaware Avenue. The site is located in an R4 zone which does not permit such signage. The applicant, however, has been granted a variance for the proposed sign by the Zoning Board of Appeals at its meeting of October 13, 1993. Moreover, the Department of Public Works has recommended that your Honorable Body grant a "mere license" for the sign (Item No. 45, C.C.P., October 5, 1993). Lastly, under SEQR the proposed sign may be considered a Type II action which does not require further environmental review. The Planning Board voted to approve the sign as presented. RECEIVED AND FILED. No. 10 Waste Management of N.Y. - Petition to Use 191 Ganson For an Office Building Item No. 91, C.C.P, October 19, 1993 The City Planning Board at its regular meeting held Tuesday, October 12, 1993, considered the above petition pursuant to Section 511-67 of the Buffalo Code, Buffalo Coastal Special Review District. The applicant seeks to build a one-story office building measuring 60 feet by 75 feet or 6000 square feet. The office building will be accessory to an existing recycling operation conducted on the site. The site is located in an M2 zone which permits such uses as a matter of right. The site is also overlain by the Buffalo Coastal Special District but is not located on the Buffalo Rive. Under SEQR the proposed building is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the building as presented. RECEIVED AND FILED. No. 11 D. J Braasch - Request to Encroach The Right-of-Way of West Side of Leddy Street With a Driveway and Gate Item No. 35, C.C.P., October 19, 1993 The City Planning Board at its regular meeting held Tuesday, October 26, 1993, considered the above request pursuant to Section 413-67 of the Buffalo Code, Review of Right-of-Way Encroachments. The applicant seeks to install a paved area and gate at the west edge of the paved portion of Leddy Street which would encroach the right-of-way. The new pavement would begin at the point where the city pavement ends and continue southwest to private property. The proposed pavement provides access to a concrete ready-mix batch plant proposed to be built. The gate would be placed across the paved area under review. Under SEQR the proposed encroachment may be considered an unlisted action which may be studied through uncoordinated review. The Department of Public Works has recommended that Your Honorable Body grant a mere license for the encroachment. The Planning Board voted to approve the proposed encroachment. RECEIVED AND FILED. No. 12 T. Tomkins - Request to Place Handicap Ramp In Right-of-Way Of 746 Washington St. (AKA 745 Main St.) (No. 36, C.C.P., Oct. 19, 1993) The City Planning Board at its regular meeting held Tuesday, October 26, 1993 considered the above request pursuant to Section 413-59.1 of the Buffalo Code, Review of Handicapped Access Ramps. The applicant seeks to place a 4 feet by 41 foot handicap ramp at the Washington Street side of the property referenced above. The proposed ramp will project 4 feet from the building into the right-of-way. The site is located in the DO zoning district and the Theater Preservation District. Consequently, the proposed ramp design must be approved by the Buffalo Preservation Board. Under SEQR the ramp may be considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed encroachment on the condition that its design be approved by the Buffalo Preservation Board. RECEIVED AND FILED. No. 13 G. Carriero - Request to Encroach Right-of-Way With a Flag Pole at 1219-1245 Main St. Item No. 37, C.C.P., October 19, 1993 The City Planning Board at its regular meeting held Tuesday, October 26, 1992, considered the above request pursuant to Section 413-67 of the Buffalo Code, Review of Right-of-Way Encroachments. The applicant seeks to place a 35-foot tall flag pole in the right-of-way. The flag pole will be accessory to the U.S. Post Office on the southeast corner of Main and Northampton Streets. The rights-of-way in question (Northampton Street and Main Street) are wide enough to incorporate a flag pole. For example, there is a 16-foot sidewalk along Northampton Street and a 19 1/2-foot sidewalk on Main Street. The Department of Public Works has recommended that your Honorable Body grant a mere license for the flag pole. Under SEQR the proposed flag pole may be considered a Type II action which does not require further environmental review. The Planning Board voted to approve the encroachment. RECEIVED AND FILED. FROM THE BOARD OF PARKING No. 14 "Rampgate" Item No. 200 C.C.P. 10/19/93 The City of Buffalo Board of Parking held a meeting on September 1, 1993. On September 10, 1993 Councilmember Pitts and on September 14, 1993 Council President Arthur requested a transcript of this meeting. On September 17, 1993, I responded that the same would be forthcoming. On September 17 and 20, 1993 reporter Rose Ciotta of the Buffalo News visited the offices of the Board of Parking to discuss the happenings of the Parking Board meeting of September 1, 1993. We agreed to meet September 21, 1993 at 9:00 a.m. to listen to the tape of said meeting. Reporter Ciotta never appeared for this 9:00 a.m. meeting. I ran into her that afternoon and informed her the tape was set up for her to review and she said she would be over to listen to it. In order to expedite this process, in the case I was out of the office, I left the tape and tape machine set up on the conference table in the office of the Board of Parking. Reporter Ciotta never returned to listen to the tape. The Board of Parking only has a one half (1/2) time secretary, sharing a secretary with the Zoning Board of Appeals. The duties of our secretary did not allow for the beginning of transcribing the minutes in this time frame, which was also delayed by a pre-approved vacation week of October 4-8, 1993. During all this time the tape and tape recorder were still set up on the conference table. On Friday, October 8, 1993, with our secretary on vacation, both myself and Kevin Galvin from the Zoning Board, were out of the office on other matters and left the door to our offices unlocked. Mr. Galvin returned to the offices about 9:30 a.m. (time elapse of only 5 minutes) to find an individual exiting our offices. He inquired as to his needs and the individual ran down the staircase. Mr. Galvin surveyed the offices of the Zoning Board to determine if anything was missing, and found nothing. I did not see Mr. Galvin until after lunch and that is when he informed me of the happenings that morning. I surveyed my offices and noticed the tape and tape recorder missing. Mr. Galvin called 911 and a pair of police officers responded and took a report on the missing tape and tape recorder. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE PRESERVATION BOARD No. 15 Walgreens - Request to Review Decorative Screen at 650 Delaware (corner North) Item No. 7, C.C.P. 10/19/93 The Buffalo Preservation Board received an Application for a Certificate on August 2, 1993 to demolish a 52-year old (c. 1941) restaurant (Howard Johnson's) and construct a 13,500 square foot Walgreen Pharmacy on the site, with parking for 57 vehicles, and a decorative masonry screening wall which incorporates a bermed vegetative strip. This property is located in the local Allentown Historic District, and according to Chapter 337 of the Standards of the Buffalo Code, the Preservation Board must review/approve any work that affects the exterior of any landmark, landmark site or any building, structure or site within an historic district before the commencement of any type of construction work; therefore, the proposal by the applicant to construct decorative screening at this site must be reviewed by the Buffalo Preservation Board. Given this, the Preservation Board is currently reviewing the entire proposal to demolish the existing restaurant and construct a new retail facility at the site. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 16 Buffalo Color Corp. Oil Spill on the Buffalo River Item No. 225, C.C.P. 9/7/93 The Common Council has asked for the Environmental Management Commission's comments regarding the 2500 gallon fuel oil spill into the Buffalo River at Buffalo Color. The Commission had expected formal comments from Buffalo Color by this date. Regulatory agencies, which have commented to the Commission, express an almost positive view of the spill, or at least the response to the spill: the spill was caused by very unusual circumstances; Buffalo Color's response was excellent; no real harm occurred; and Buffalo Color's ongoing compliance with tightening regulation by both New York State Department of Environmental Conservation and Buffalo Sewer Authority will make for a better future. On the other hand, healthy skepticism would note that: all accidents are, by definition, caused by unusual circumstances; luckily in this accident, Buffalo Color was in an unusual operational mode which made it particularly able to respond to the spill; a thousand gallons of fuel were not recovered, and the assumption that they evaporated would need to be closely looked at from the perspective of such issues as depth of discharge, spill during darkness, wind, water, and fuel oil characteristics, etc. There are chemicals being used by Buffalo River industries that are greatly more dangerous than fuel oil. It would be wise for the City to ascertain that disaster notification and response mechanisms of City government are as extensive as various entities have good reason to expect them to be. Some people feel that the mechanism of a Good Neighbor Agreement would be a further improvement. In this regard the Commission notes that such arrangements must be worked out and operated in a context of mutuality, reasonable openness, and comprehensive strong local interest on all sides. Buffalo China's recent movement toward discussion with the City is a positive note in this regard. REFERRED TO THE GOOD NEIGHBOR TASK FORCE. FROM THE COMPTROLLER No. 17 Certificate of Necessity Transfer of Funds Assessment - Non-Professional Personal Services Assessment - Capital Outlay Dated: Buffalo, NY, October 26, 1993 RECEIVED AND FILED. No. 18 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings Dated: Buffalo, NY, October 22, 1993 RECEIVED AND FILED. No. 19 Interfund Cash Loan 200-Capital Projects Fund 401-011-00-000 Reconstruction Jewett Avenue Bridge Certain Federal and state aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $800,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 100 - General Fund TO: 200 - Capital Projects Fund ACCOUNT NO.: 200 - 401 - 011-00-000 GRANT TITLE: Reconstruction of Jewett Avenue Bridge GRANT AGENCY: NYS Department of Transportation AMOUNT: $800,000.00 Estimated Date of Repayment: June 1994 Mr. Fahey moved: That the communication from the Comptroller, dated October 27, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $800,000 for the reconstruction of Jewett Avenue Bridge. The loan is payable at date of reimbursement. PASSED. AYES- 11 NOES- 0. No. 20 Results of Negotiations One Osage N 110' E Hopkins Vacant Lot: 30' x 100' Assess value $3,800 The Comptroller Office, Division of Real Estate, was contacted by Ms Cynthia Coccia, 545 Hopkins Street, Buffalo, New York 14220, to purchase a portion of the above captioned property. Ms Coccia has recently constructed a home at 545 Hopkins and intends to use this property for expansion of her yard area and to build a garage. The area to be purchased is approximately 30' x 50'. The remaining portion will be purchased by the owner of 533 Hopkins, who has also constructed a new home. An independent appraisal of the property was conducted by Mr. John D. Bonner of Northeastern Appraisal Services. He has estimated the fair market value of One Osage to be Three Thousand Dollars ($3,000). This represents approximately One Dollar ($1.00) per square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Ms Coccia has agreed and is prepared to pay Fifteen Hundred Dollars ($1,500) for a 30' x 50' portion of this parcel. She has 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 approve the sale of a portion of the above mentioned parcel to Ms Cynthia Coccia in the amount of Fifteen Hundred Dollars ($1,500). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated October 26, 1993, be received and filed; and That the offer of Ms. Cynthia Coccia, 545 Hopkins Street, in the sum of $1,500.00 (One Thousand and Five Hundred Dollars) to purchase the property described as One Osage, 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- 11 NOES- 0. No. 21 Permission to Negotiate 220 Purdy W 303 N Ferry Lot Size: 30' x 100' Assessed Valuation: $1,500 The Office of the Comptroller, Division of Real Estate, has received a request from Ronald Smith of 226 Purdy, Buffalo, New York to purchase the above captioned property. Ronald Smith would like to purchase this property, which is adjacent to his 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 October 15, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate with Ronald Smith, residing at 226 Purdy, for the private sale of 220 Purdy and report to this Honorable Body the results of such negotiations. ADOPTED. No. 22 Permission to Negotiate 258 Shumway, W 250 N Paderewski Lot Size: 30' x 105 Assessed Valuation: $1,600 The Office of the Comptroller, Division of Real Estate, has received a request from Aubrey Staley, Jr., 254 Shumway Buffalo, New York to purchase the above captioned property. Aubrey Staley, Jr. would like to purchase this property for extra 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 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 October 15, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate with Aubrey Staley, Jr., residing at 254 Shumway, for the private sale of 258 Shumway and report to this Honorable Body the results of such negotiations. ADOPTED. No. 23 Permission to Negotiate 974 West Avenue W 32 S Breckenridge Lot size (30'x 50') Assessed Valuation: $2,800 The Office of the Comptroller, Division of Real Estate, has received a request from Joseph Battaglia, 107 Breckenridge, Buffalo, New York, to purchase the above captioned property. Joseph Battaglia would like to purchase this property, which is adjacent to his home 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 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 October 15, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate with Joseph Battaglia, residing at 107 Breckenridge, for the private sale of 974 West Avenue and report to this Honorable Body the results of such negotiations. ADOPTED. No. 24 Necessity/Funding/Description Purchase 452 Northumberland Item #227, C.C.P. 10/5/93 Your Honorable body has forwarded the above item to the Committee on Finance and to this office for a response. The Item is a resolution that authorizes the Comptroller's Office to enter into negotiations with the owners of 452 Northumberland, for the purchase of the property. Prior to approving such a resolution, as Your Honorable is aware, Article 27, Section 511 of the City Charter states that any resolution authorizing purchase of property contain the "necessity for the purchase, the amount of funds necessary therefore, and shall contain a detailed description of the property, etc." In addition, Section 512 of the article states that "The Council shall not authorize the purchase of any real property, the cost of which is to be payable wholly by general taxation, unless funds for such purpose are provided in the current annual budget or have been provided as prescribed in the local finance law prior to adoption of a resolution authorizing such purchase." I am recommending that prior to approval of any resolution authorizing this office entering into negotiations with the current owners, the aforementioned sections of the charter should be complied with. I am further recommending that you forward a copy of the resolution for a response to the Departments of Community Development and Inspections and Community Revitalization, to determine if this parcel is needed for a public purpose or for development. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Overtime Pay for Deputy Police Commissioner(s) On October 4, 1993, my office informed the Common Council that Commissioner Donovan submitted a voucher to the Office of Funding and Program assistance for $460,294.55 to cover police overtime expenses resulting from the World University Games. Since that time, the City received a check from the State in the amount of $417,087.94 to cover what the State described as "direct", expenditures associated with Games' security. My office then contacted a representative in the NYS Division of Criminal Justice Services to obtain a breakdown of the $43,206.61 not reimbursed to the City. According to the State representative, $19346.99 results from the overtime costs of two (2) deputy police commissioners and $23859.62 is determined to be "indirect" expenditures associated with Games' security totaling $43,206.61. According to the representative's definition of "indirect" costs are those outside the time frame of July 1, 1993 to and including July 18, 1993. Commissioner Donovan's voucher to the State included - "direct" and "indirect" costs from June 15, 1993 to and including July 20, 1993. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 26 Ord. Amend - Ch. 141 Collection of Arrears Ord. Amend. -Ch. 175 Fees Item #198, CCP Oct. 19, 1993 Item #199, CCP Oct. 19, 1993 The above legislation was initiated by the Comptroller's Office. The new ordinances will assist the Comptroller's Office in coordinating collection of arrears throughout all city departments and agencies. Therefore, we are in favor of passage of these items. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE PRESIDENT OF THE COUNCIL No. 27 Consultant Agreement Analysis of Crossroads Financial Proposal Attached herewith is the Agreement with Deloitte & Touche to conduct an analysis of the Financial Projections for the Crossroads Arena project. This proposal is being submitted for Council information and approval. The contract amount is not to exceed $25,000. Mr. Fahey moved: That the agreement with Deloitte & Touche to conduct an analysis of the Financial Projections for the Crossroads Arena project in an amount not to exceed $25,000.00 be and the same is hereby approved. ADOPTED. No. 28 Mr. Pitts now took his seat in the Council Chambers. FROM THE COMMISSIONER OF PUBLIC WORKS No. 29 Extension of Time on Contracts Kleinhans Music Hall Phase I and IIA In accordance with the terms of the contract between the City of Buffalo and the following contractors the work on the above projects should have been completed by September 4, 1993 for BRD, Inc. and July 14, 1993 for all other contractors. Due to the fact that the remaining work on this project must be done around the Hall's use schedule, these contractors could not complete the work of their contracts on time. This is the second extension of time for BRD, Inc. and the first for all other contractors. I have granted an extension of time to December 31, 1993 for the following contractors: C-91685100 - BRD, Inc. C-91706100 - Gerald T. Stay Co. C-91706300 - John W. Danforth, Inc. Mechanical Work C-91706200 - John W. Danforth, Inc. Plumbing Work C-91706000 - Frey Electric Co. Electrical Work RECEIVED AND FILED. No. 30 Claim for Wages Various Employees From October 25 through November 7, 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 October 25 through November 7, 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, holiday or overtime pay. Mr. Fahey moved: That the communication from the Department of Public Works, dated October 15, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from October 25, 1993 to November 7, 1993 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 12 NOES- 0. No. 31 Claim for Wages Various Employees From November 8 through November 21, 1 993 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 November 8 through November 21, 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, holiday or overtime pay. Mr. Fahey moved: That the communication from the Department of Public Works, dated October 15, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from November 8, 1993 through November 21, 1993 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 12 NOES- 0. No. 32 Report of Bids Reconstruction of Front Steps City Hall Item #25, CCP October 19, 1993 Please be advised that the Report of Bids submitted to Your Honorable Body in Item No. 25 CCP October 19, 1993 was in error. This Department apologizes to Your Honorable Body for any inconvenience this may have caused. Following is the Item in its corrective and proper form. (Please note the amount is lower than the amount originally reported) G.H. Byron Co. ,Inc. 47,700 Nichter Associates Inc. 59,000 Gianadda Construction 66,500 LCP Construction 71,614 DeSpirit Mosaic & Marble 75,000 Lachut & Assoc. 79,785 I hereby certify that the foregoing is a true and correct statement of all bids received and that G.H. Byron Co. ,Inc. in the amount of $47,700 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-012 Division of Buildings. Estimate for this work was $60,000 Mr. Fahey moved: That the communication from the Department of Public Works, dated October 26, 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 Front Steps of City Hall to G.H. Byron Co. Inc., the lowest responsible bidder in the amount of $47,700, with said cost to be charged against B/F 200-402-012 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 33 Report of Bids New Roof Fire Headquarters 195 Court Street I advertised for on October 12, 1993 and received the following sealed proposals which were publicly opened and read on October 26, 1993. Progressive Roofing Inc. 198,469.00 Grove Roofing Co. 203,300.00 Jos. A. Sanders Inc. 214,541.00 Jameson Roofing. Co. 220,787.00 McGonigle & Hilger Roofing 245,503.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, Inc. in the amount of $198,469 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 200-402-065 - Division of Buildings. Estimate for this work was $200,000.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated October 26, 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 Fire Headquarters, 195 Court Street to Progressive Roofing, Inc., the lowest responsible bidder in the amount of $198,469, with said cost to be charged against B/F 200-402-065 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 34 Report of Bids Painting the Roof at the Engine Building - Col. Ward Station As authorized by your Honorable Body in Item No. 130 of March 13, 1990 plans and specifications were prepared and sealed proposals accepted for Painting the Roof at the Engine Building - Col. Ward Pumping Station. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Monday, October 4, 1993: Gerald T. Stay, Inc. 255 Great Arrow Buffalo, New York 14207 $69,200.00 Allied Coatings, Inc. 867 Hopkins Road Amherst, New York 14221 $79,300.00 C & A Painting Contractors 2435 Seneca Street Buffalo, New York 14210 $100,100.00 Amherst Painting of WNY 318 Sawyer Avenue Tonawanda, New York 14150 $117,125.00 Progressive Roofing 826 East Ferry Street Buffalo, New York 14211 $125,000.00 Erie Interstate Contractors 5428 Gene see Street Lancaster, New York $137,400.00 Atlas Painting & Sheeting 127 Skillen Street Buffalo, New York 14207 $144,500.00 Erie Painting & Maintenance 999 Rein Road Cheektowaga, New York $166,000.00 All bids have been reviewed. It has been determined that the two lowest bidders, Gerald T. Stay, Inc. and Allied Coatings, Inc. were not going to use the material as required in the specifications. The next acceptable bidder, C & A Painting Contractors, has advised us they will be using the paint as specified. I hereby certify that the foregoing is a true and correct statement of all bids received and that C & A Painting Contractors is the lowest responsible bidder-complying with the specifications for the Painting the Roof at the Engine Building - Col. Ward Station with their bid of $ 100,100.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with C & A Painting Contractors for the above work in the amount of $ 100,100.00 and same be charged to the Division of Water's 416-980-043 account. The Engineer's estimate for this work was $ 160,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated October 14, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Painting the Roof at the Engine Building - Col. Ward Pumping Station, to C & A Painting Contractors, the lowest responsible bidder in the amount of $100,100.00, with said cost to be charged against the Division of Water's 416-980-043 account. PASSED. AYES- 12 NOES- 0. No. 35 Report of Bids For The Erie Basin Marina Phase 4 Project Item #35, C.C.P. 04/13/93 As authorized and directed by your Honorable Body in Item #35, CCP of 04/13/93, I have advertised and received bids on October 27, 1993 for the Rehabilitation of the Eerie Basin Marina Phase Four Project. 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 Base Bid Alternate Bid 1) Destro & Brothers Const. $266,349.00 $280,799.00 (Low) 2) M. Falgiano Construction $332,094.00 $343,643.00 3) Nichter Construction Co. $423,000.00 $438,000.00 4) Amherst Construction Inc. $423,141.00 $438,841.00 5) Hadala Corporation $440,081.00 $455,906.00 I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Co., 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 Fund 200-401-088-00-000 in an amount not to exceed $280,799.00, plus approved unit prices not to exceed an additional amount of $28,079.90. The engineers estimate far this work is $314,000. 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 December 13, 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 October 28, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Rehabilitation of the Erie Basin Marina Phase Four Project, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder in an amount not to exceed $280,799.00, plus approved unit prices not to exceed an additional amount of $28,079.90, with said cost to be charged against the Division of Engineering Bond Fund 200-401-088-00-000. PASSED. AYES- 12 NOES- 0. No. 36 Report of Bids New Roof Cazenovia Branch Library Cazenovia Street I advertised for on October 12, 1993 and received the following sealed proposals which were publicly opened and read on October 26, 1993. Progressive Roofing Co. $57,000 Nichter Associates, Inc. $57,000 Since both contractors bid the same amount of money they both agreed to a coin toss which was done by the Commissioner of Public Works, with both contractors present, and others to witness the coin toss. The results were that Progressive Roofing Co. won the toss. I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing Co. in the amount of $57,000.00 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 200-402-036 Division of Buildings. Estimate for this work was $50,000.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated October 27, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for New Roof at Cazenovia Branch Library to Progressive Roofing Co., the lowest responsible bidder in the amount of $57,000.00, with said cost to be charged against B/F 200-402-036 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 37 Report of Bids Landscape Rehabilitation Project For the South Section of Delaware Park, Bordering Rumsey Rd. I advertised for on October 5, 1993 and the following sealed proposals which were publicly opened and read on October 26, 1993. Base Bid Alt. #1 Alt. #2 Alt. #3 Birch Grove Landscaping Nursery Inc. 208,580 15,429 9,322 9,083 Great Lakes Landscaping 234,705 22,890 9,318 18,978 BDR, Inc. 335,395 13,500 6,000 13,500 Alternate No. 1 is to add a new stone dust paths associated grading, new planting, lawn and wildflower seeding between the Rumsey Road Shelter House, Rumsey Road, Delaware Avenue and the bottom of the hill. Alternate No. 2 is to add a new asphalt and stone dust path, associated earthwork/grading, new shrub plantings, woodland mulch and erosion control from the existing path alongside the south shore of the park Alternate No. 3 is to rehabilitate the lakeshore wildflower areas, mow designated areas, apply herbicide treatment for weed control slitseed and overseed with new wildflower mix. I hereby certify that the foregoing is a true and correct statement of all bids received and that Birch Grove Landscaping Nursery, Inc. in the amount of $208,580 Base Bid plus Alternate #1 $15,429, Alternate #2 9,322 and Alternate #3 $9,083 for a total of $242,414.00 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 are in B/F 200-402-027 - Division of Buildings. Estimate for this work was $224,800.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated October 28, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Landscape Rehabilitation Project for the South Section of Delaware Park, Bordering Rumsey Road, to Birch Grove Landscaping Nursery, Inc., the lowest responsible bidder in the amount of $208,580 Base Bid plus Alternate #1 for $15,429, Alternate #2 for $9,322 and Alternate #3 for $9,083 for a total of $242,414.00, with said cost to be charged against B/F 200-402-027 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 38 Report of Bids Heater/Scarifying of City Pavements 1993-1994 Item No. 30, C.C.P. 07/20/93 This is to advise your Honorable Body that I have advertised and received bids on October 13, 1993 for Heater/Scarifying of city Pavements 1993-1994. 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: Highway Rehabilitation Corp. $415,893.00 National Asphalt Heat Treating, Inc. $442,960.00 I hereby certify that the lowest responsible bidder for the above project is Highway Rehabilitation Corp. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the capital Projects Fund #200-401-507-00-000 in an amount not to exceed $415,893.00, plus approved unit prices not to exceed an additional amount of $20,000, for a total award of $435,893.00. The engineer's estimate for this work is $411,200.00. 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 November 29, 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 October 26, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Heater/Scarifying of City Pavements 1993-94, to Highway Rehabilitation Corp., Inc., the lowest responsible bidder in an amount not to exceed $415,893.00, plus approved unit prices not to exceed an additional amount of $20,000, for a total award of $435,893.00, with said cost to be charged against the Capital Projects Fund #200-401-507-00-000. PASSED. AYES- 12 NOES- 0. No. 39 Emergency Repair Central Air Conditioning Buffalo City Court Please be advised that a major breakdown of the 400 ton chiller at Buffalo City Court necessitated a complete teardown and repair/ rebuild of this unit in June-July 1993. Additional follow-up work and billing for this work occurred in August 1993. The City Court, being a sealed environment, must have full use of air conditioning. Without this unit the Court building would have been unusable and all court functions would have been canceled or postponed. An emergency was declared and York International Corp. of 6789 Main Street, Williamsville, New York 14221-5994 was called to repair this essential unit. Total repairs, including rental of EPA required refrigerant recovery equipment, labor and all parts and mileage total led $57,934.11. Funds for these emergency repairs are available in the Division of Buildings. RECEIVED AND FILED. No. 40 Change in Contract Electrical Work Shakespeare in the Park I hereby submit to Your Honorable Body the following change in contract for the Electrical work for Shakespeare in the Park, Weydman Electric, Inc. Order No. 11024470: 1. Delete installation of Terminal wiring boxes. Deliver boxes to the Delaware Park Casino and store at their direction. Deduct $800.00 The foregoing change results in a net increase in the contract of Eight Hundred and 00/100 Dollars ($800.00). Original Amount of Contract $6,816.00 Amount of this change (No. 1) Deduct 800.00 Revised Amount of Contract $6,016.00 These changes were requested by the Saratoga Associates. 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 200-402-523 - 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 October 19, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Weydman Electric, Inc., changes resulting in a net decrease in the amount of $800.00, as more fully described in the above communication, for work relating to Electrical Work for Shakespeare in the Park, Contract No. 11024470. Funds to be returned to B/F 200-402-523 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 41 Change in Contract Electrical Work Kleinhan's Music Hall-Phase I I herewith submit to Your Honorable Body the following change in Contract for the Electrical Work for Kleinhan's Music Hall Phase I, C-91691000: 1. Emergency power systems circuitry identification. Add $368.00 2. Four (4) new circuit breakers for panel ED-2. Add 363.00 3. Revised lighting of backstage corridor Per SK E-l. Deduct 750.00 4. Reuse of existing 4" Emergency Generator exhaust pipe in lieu of specified 6". Deduct 2,850.00 5. Omit installation only of three (3') moldcast type D fixtures. Fixtures and spare lamps turned over to Kleinhan's Music Hall. Deduct 138.00 6. Add light fixture, switch and receptacle in elevator pit. Add 300.00 The foregoing change results in a net decrease in the contract of Two Thousand Seven Hundred Seven and 00/100 Dollars ($2,707.00). Original Amount of Contract $49,700.00 Change Order No. 1 CCP 33 2-16-93 Deduct 3,293.00 Amount of this change (No. 2) Deduct 2,707.00 Revised Amount of Contract $43,700.00 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 200-402-068 - 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 October 19, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #2, changes resulting in a net decrease in the amount of $2,707.00, as more fully described in the above communication, for work relating to Electrical Work at Kleinhan's Music Hall - Phase I, C-91691000. Funds to be returned to B/F 200-402-068 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 42 Change in Contract General Construction Work Kleinhans Music Hall-Phase I I herewith submit to Your Honorable Body the following change in contract for the General Construction Work for Kleinhans Music Hall, Phase I, BRD Inc. C-91685100: 1. Fabricate door frame to accommodate sweep. Add 2,640.00 2. Additional stone pieces per shop drawings. Add 369.00 3. Pennsylvania exitway slab per SK-11. Add 299.00 4. Porter exitway slab per SK-11. Add 4,358.50 5. Pilings at ramp-exit from livingston Rm. Add 920.00 6. Remove ceiling for HVAC & Plmbg Add 598.00 7. Plaster removal at elevator hall. Add 207.00 8. Plaster and Paint door attendant's room. Add 1,234.00 9. Paint stairs near elevator. Add 517.00 10. Patch and paint 1st floor dressing room. Add 6,152.50 11. Remove foundations at air tunnel. Add 2,125.00 12. Angle support at Livingston window well. Add 241.50 13. Patch plaster at window 57. Add 510.86 The foregoing change results in a net increase in the contract of Twenty Thousand One Hundred Seventy-two 36/100 Dollars ($20,172.36). Original Amount of Contract $895,000.00 Change Order No. 1 #24 CCP 3-2-93 Deduct 27,437.00 Change Order No. 2 #65 CCP 9-7-93 Add 18,248.60 Amount of this change (No. 3) Add 20,172.36 Revised Amount of Contract $905,983.96 These changes were requested by Hamilton, Houston, Lownie, Architects on the project. These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 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 October 26, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #3, requested by Hamilton, Houston, Lownie, Architects on the project, changes resulting in a net increase in the amount of $20,172.36, as more fully described in the above communication, for work relating to General Construction Work at Kleinhan's Music Hall - Phase 1, to BRD, Inc., C-91685100. Funds to be charged to B/F 200-402-068 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 43 Change in Contract Mechanical Work Kleinhans Music Hall Phase 11A I herewith submit to Your Honorable Body the following change in contract for Kleinhans Music Hall, Phase 11A, John W. Danforth Co. C-91706300: 1. Credit for actual amount of oil removed from tanks versus specified allowance. Deduct $329.00 2. Credit for actual amount of contaminated soil removed from tank removal scope versus specified allowance. Deduct $23,800.00 The foregoing change results in a net decrease in the contract of Twenty Four Thousand One Hundred Twenty-nine and 00/100 Dollars ($24,129.00). Original Amount of Contract $389,230.00 Amount of this change (No. 1) Deduct 24,129.00 Revised Amount of Contract $365,101.00 These changes were requested by Hamilton, Houston, Lownie, Architects on this project. These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 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 October 26, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #l, to John W. Danforth Co., changes resulting in a net decrease in the amount of $24,129.00, as more fully described in the above communication, for work relating to Mechanical Work at Kleinhan's Music Hall -Phase 11A, C-91706300. Funds to be returned to B/F 200-402-068 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 44 Change in Contract - Valve Replacement in Broadway Avenue from Fillmore Avenue to Bailey Avenue 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. Work Item No. 09.501 - Abandonment of existing valve was not needed. Decrease: $2,000.00 Work Item No. 02.310 - Cost for removal of rails was $600.00. Decrease: $350.00 Work Item No. 02.110 - Only partial unclassified excavation was required. Decrease: $216.00 Work Item No. 03.110 - Only partial additional select fill was required. Decrease: $450.00 New Work Item No. 3 - Repair wall of valve vault at Gatchell St. Increase: $234.94 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. 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 Amount of change order No.4 -Decrease $ (2,781.06) CURRENT AMOUNT OF CONTRACT $229,293.94 Funds in the amount of $2,781.06 are to be credited to 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 October 22, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #4, to Mar-Wal Construction Company, Inc., changes resulting in a net decrease in the amount of $2,781.06, as more fully described in the above communication, for work relating to Valve Replacement in Broadway Avenue from Fillmore Avenue to Bailey Avenue, Contract No. 91693600 . Funds to be returned to Division of Water's 416-982-020 account. PASSED. AYES- 12 NOES- 0. No. 45 Request for Waiver of Video Games Fees Item #84, C.C.P. 10/19/93 In reference to the above request, the Division of Licenses cannot waive said license fee. Under Chapter 75-18, "Coin-controlled amusement devices", of the City Ordinance, Section B (4), "Fee for expiration of license", the Director of Licenses shall not issue a license for a coin-controlled amusement device hereunder until a fee as provided in Chapter 175, Fees, for each coin-controlled device shall have been paid. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Civil Service Change for Water Dispatcher Item No. 256, C.C.P. 10/05/93 Please be advised the Division of Water has requested the Civil Service Commission to revise the job specifications for the position of Dispatcher to read as follows: Under Typical Work Activities: change the reading from "typing of shop orders" to preparation of shop orders. Under Full Performance Knowledge, Skills, Abilities and Personal Characteristics: delete the statement "Ability to type at the rate of 20 wpm". REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 47 Salary Ordinance Amendment Public Works Res. #223, C.C.P. 09/21/93 The above referenced item has been referred to this department by the Civil Service Commission requesting information as to the names of the persons affected by this Salary Amendment and their projected retirement dates. Please be advised that the persons affected are: Michael Farrel Master of Fireboat/Sr. 1st Class Stationary Eng. William Robinson Marine Engineer/Plasterer Joseph Kalinowski Asst Marine Engineer/Sr. 1st Class Sta. Eng John Harter Assistant Marine Engineer/Laborer II George Evans Marine Oiler/Sr 1st Class Stationary Engineer Retirement is a personal commitment by the employee and unknown to this department. I am attaching for your information the file maintenance record for each of these individuals. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 48 Transfer of Funds A transfer of funds was requested and approved within the Parks Department in order to have pesticides removed from storage. Such removal and disposal is being mandated by the N.Y.S.D.E.C. Services are being contracted through Chemical Waste Management Inc. of Tonawanda, New York. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS. FROM THE COMMISSIONER OF POLICE No. 49 Request Information of the Burglary of the Parking Board "Rampgate" The requested report is attached. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 50 Investigate Computer Aided Dispatch System Item #156 C.C.P. June 22, 1993 As Commissioner of Buffalo for the City of Buffalo, I submit the following comments with respect to Item #156, C.C.P. June 22 1993 concerning the new 911 Computer Aided Dispatch system. The Internal Affairs Division of the Buffalo Police Department is concluding an investigation into the circumstances surrounding events that occurred at 144 Breckenridge on June 8, 1993. Due to the dire consequences of the event and the inevitability of legal action, the investigation, perforce, is being conducted with painstaking consideration of all potential ramifications. Mindful that a more complete explanation of the events of that tragic evening will be forthcoming, I only interject here that as a result of our continuing concerted efforts to enhance the quality of police service to the citizens of Buffalo, a number of improvements have already been implemented since that date. RECEIVED AND FILED. FROM THE CORPORATION COUNSEL No. 51 Tinted Windows Item No. 191, C.C.P., 10/19/93 The New York State Vehicle & Traffic Law (V&T Law), Section 375 subsection 12-a addresses the degree of tinting allowed on windows of vehicles operated within this state. The windows may not have a light transmittance of less than seventy percent (70%), with the exception of vehicles from model year 1991 or earlier. The windows of 1991 or earlier models may not have a total light reflectance of more than thirty-five percent (35%) or a light transmittance of less than thirty-five per cent (35%). REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 52 Request Ordinance Amendment Change in Parking Restrictions Item No. 152 CCP October 19, 1993 The above item has been referred to the Law Department with direction to draft an ordinance amendment that would implement parking restriction changes on Seventh Street from Connecticut Street to Busti Avenue. As this office has previously opined, absent recommendation of the Department of Public Works (City Engineer), Your Honorable Body has no authority to enact such an ordinance amendment. See, Section 1603 of the N. Y. S. Vehicle and Traffic Law; Buffalo City Charter, Section 178; Buffalo City Code, Chapter 479, Section 49(1). RECEIVED AND FILED. No. 53 Eliminate Performance Bond Requirements For Purchasing Item No. 206, CCP, October 19, 1993, This item has been referred to the Law Department for an opinion regarding the feasibility of eliminating mandatory performance bonds for the purchase of goods and services, exclusive of construction contracts. Although Section 103 of the General Municipal Law mandates that all purchase contracts involving an expenditure of more than $10,000.00 be awarded to the lowest responsible bidder, the amount of security required is left to the discretion of the municipality for whose benefit the security is posted. As a general rule, the awarding body has the right to waive security when it is beneficial to do so. Superior Hydraulics. Inc. v. Town Bd. of Town of Islip, 453 NYS2d 711 (1982); See also Buffalo City Code, Section 96-7 (A) and (B). Because the City of Buffalo has by ordinance conferred discretion upon the Common Council and Commissioner of General Services to waive performance bond requirements for purchases which do not exceed $25,000, an ordinance amendment eliminating the $25,000 cap will, at the very least, be required. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 54 E.A.F.-Waste Management of N.Y. - Petition to Use 191 Ganson For An Office Building Attached for your information is the Short Environmental Assessment Form for the matter captioned above. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 55 Correct- Bond Fund Okell Playground Improvements Item No. 59 C.C.P. 10/19/93 Please be advised that the wrong Bond Fund Account was listed for the above referenced item. The correct account is 200-717-005. RECEIVED AND FILED. No. 56 Change Order No. 1 Contract 91638500 Architectural-Engineering Design Services Broderick Park Improvements I herewith submit to Your Honorable Body the following change in contract for architectural-engineering design services related to Broderick Park Improvements. The following work items are additions to the original scope of work stated in contract #91638500 with Conway and Scheid Architects. 1) Documentation, structural evaluation and demolition plans-specifications related to former U.S. Customs Building Foundation. ADD $2,200 2) Topographic survey of site. ADD $ 750 3) Design plans and specifications of sand filter sewage disposal system for new concession-restroom-storage building as stipulated by Erie County Department of Health due to absence of sanitary sewer line on site. ADD $ 950 4) Additional design fees due to expanded building size and revised construction estimate of $175,000+. Original construction budget for this project was $100,000, which did not include demolition, Parks-concession storage areas, topographic survey and specialized sanitary sewer disposal system. ADD $4,600 Total ADD $8,500 Preceding work items are deemed necessary to complete design plans and specifications for demolition of U.S. Customs Building foundation and construction of new concession-restroom-storage building in Broderick Park. Associated costs were negotiated by the Department of Community Development with the firm of Conway and Scheid, Architects. Funds for this additional work are available in Bond Fund #200-717-524 and a contract summary is as follows: Original Contract Amount $10,000.00 Amount this Change #1 8,500.00 Revised Contract Amount $18,500.00 Original contract amount of $10,000 included design fees of $8,150 and $1,850 for subsurface investigations. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order' to Conway and Scheid, Architects, as set forth above. Mr. Fahey moved: That the communication from the Department of Community Development, dated October 12, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order #1, to Conway and Scheid Architects, changes resulting in a net increase in the amount of $8,500.00, as more fully described in the above communication, for work relating to Architectural - Engineering Design Services at Broderick Park Improvements, Contract 91638500. Funds to be charged to Bond Fund #200-717-524. PASSED. AYES- 12 NOES- 0. No. 57 Change Order #2 Contract #91645000 Architectural/Engineering Services NIC Rehab. 1168-1170 Broadway I hereby submit to Your Honorable Body the following change in contract for architectural-engineering services related to Neighborhood Information Center (NIC) rehab at 1168-1170 Broadway, contract #91645000 with Ronald W. Bugaj, Architect: 1.) Additional architectural-engineering design services related to expanded scope of work. ADD $12,850.00 Original construction funds allocated for this project consisted of $80,000 in the 90-91 Capital Budget for interior renovations to the first floor. Extensive site investigation by the project architect has led to an expanded scope of work with an increased construction budget of $225,000 +/-. Proposed additional work items are as follows: 1.) Replacement of existing roof - 3,400 square feet 2.) Repair, pointing and waterproofing of existing masonry. 3.) Replacement of deteriorated metal facia 4.) New electrical service and wiring in basement area and first floor 5.) Replace plumbing and all fixtures in basement area and first floor 6.) New forced air heating system in basement area and first floor 7.) Construction of handicap ramp and entrance door 8.) Asphalt parking area at rear of building 9.) Reconstruct and repair second floor door area, soffit and balcony 10.) Reconstruct and repair Broadway entrance door and entire front facade 11.) Repair and/or replacement of windows as necessary Additional construction funds have been allocated in the 93-94 Capital Budget ($100,000) and the 19th year Community Development Block Grant Program ($70,000). The fee for additional design services has been negotiated by our department based on Ronald W. Bugaj's original proposal and is deemed to be fair and equitable. Funds for this additional design work are available in Bond Fund #200-717-068. A contract summary is as follows: ORIGINAL CONTRACT AMOUNT $ 9,500.00 C.O. #1 (ASBESTOS ABATEMENT) $ 5,750.00 AMOUNT THIS CHANGE #2 $12,850.00 REVISED CONTRACT AMOUNT $28,100.00 I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Ronald W. Bugaj, Architect, as set forth above. Mr. Fahey moved: That the communication from the Department of Community Development, dated October 26, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order #2, to Ronald W. Bugaj, Architect, changes resulting in a net increase in the amount of $12,850.00, as more fully described in the above communication, for work relating to Architectural - Engineering Design Services at Neighborhood Information Center rehab at 1168-1170 Broadway, Contract #91645000. Funds to be charged to Bond Fund #200-717-068. PASSED. AYES- 12 NOES- 0. No. 58 Oak Street Redevelopment Project NYR197 Disposition Parcel 8C-NE/Corner Main & Virginia Streets Approval of Lease Agreement-Main/Virginia Associates The City of Buffalo Urban Renewal Agency duly designated Main/Virginia Associates and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Lease Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Lease Agreement 4. Proposed Lease Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 59 New Buffalo Industrial Park Approval of LDA -New Buffalo Distribution Warehouse Group Portion of Disposition Parcel 2 - 13.71 Acres The City of Buffalo Urban Renewal Agency duly designated New Buffalo Distribution Warehouse Group and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 60 Uniland-Oak Michigan Corridor Item #205 C.C.P. October 19, 1993 This will respond to the above referenced item, as well as the issue of uncompleted Land Disposition Agreements. As always, the Department of Community Development will provide information upon request, contrary to the inaccurate representation made in the Council's resolution. I have directed Mr. Samuel F. Houston to make available all appropriate documents to the Council relative to BURA/Uniland Land Disposition Agreements. I do feel there are confidential issues concerning these matters that are more properly addressed in executive session with the Buffalo Urban Renewal Agency and am willing to recommend scheduling of such a session. Unperformed upon LDA's have been a concern to this Department. This concern is reflected in the fact that it successfully recommended new language in the LDA's, which was adopted by the Agency and is now incorporated in new LDA's. Three members of the Council who are also members of the Agency approved these changes. Additional language should be added, along with revised notification procedures to the Council. I would suggest the Council designating a representative(s) to work with this Department in developing mutually satisfactory arrangements and language. Rather than simply terminating the LDA's that are outstanding, this office has considered commercial vacancy rate, business climate and credit availability considerations in attempting to reach conditional agreements rather than final termination. Before the end of 1993, the Council will be asked by this Department to approve the results of these negotiations, which I believe the Council will agree are beneficial to BURA and the City. The LDA's with Uniland will be included in these communications to the Council. If the Council desires a modification in the direction just described, would appreciate and welcome its input. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 61 Report of Emergency Demolition Bid 135 Krupp At approximately 9:45 P.M. on April 29, 1993, 135 Krupp Street was declared an emergency situation by Deputy Fire Commissioner Paul Kurzdorfer. The fire that was being worked by the Fire Department was the result of a gas explosion. Representatives of the Department of Inspections and Community Revitalization were summoned to the scene. Deputy Fire Commissioner Paul Kurzdorfer had ordered the immediate demolition of the subject property. Three contractors were called to provide equipment and manpower to the scene to assist the Fire Department in bringing this situation under control. The contractors contacted by our office were Integrated Waste Special Services, Great Lakes Dismantling and Lebis Enterprises. All contractors were informed that the situation was serious and that their machinery had to be on the site immediately. Of the three contractors only Lebis Enterprises could provide the services needed. It was agreed upon at the site that this would be a "time/material job". Lebis Enterprises worked along with the Fire Department until approximately 5:00 A.M. on April 30, 1993. The next morning a representative of Lebis Enterprises met with representatives of the Division of Housing and Property inspections. The New York State Asbestos Control Bureau was notified as to the emergency nature of this job and action to be taken. According to documentation supplied by Lebis Enterprises it took five (5) additional work days to complete this project. The next action on this project was the submission of a bill from the contractor in the amount of $33,010.94 for services rendered. A communication dated June 9, 1993 from Ms. Pamela Neubeck was sent to the representatives of the Mayor's Task Force on Housing with the Division of Housing and Property Inspections. It was requested in this letter that if any meetings were held with Lebis Enterprises that she, the owner of the property, wished to be represented. A letter was sent to the owner's attorney dated July 23, 1993 by a representative of the Corporation Counsel's Office. A meeting was scheduled for July 29, 1993 in the office of the Corporation Counsel. An open discussion was held at this meeting. Methods and procedures used on this project both by the City and the contractor were discussed. As a result of this meeting a letter dated July 30, 1993 from the owner's attorney was delivered to the office of the Corporation Counsel requesting an explanation of the bill submitted to the City by the contractor. A letter dated September 16, 1993 to the owner's attorney from the Corporation Counsel's Office was sent explaining the inquiries on the line items. A communication dated September 23, 1993 was sent to Lebis Enterprises from our department outlining what was considered a reasonable cost for this job - $25,948.00 (which includes the sewer and water terminations). A letter dated September 29, 1993 from Lebis Enterprises to our department was submitted accepting these findings. 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. No. 62 Contract Building/Structural Specialist City Wide Building Facade Inspections Item No. 199, CCP, 9/7/93 With regard to the above subject please be advised our department is currently reviewing the possibility of adopting legislation similar to a New York City Ordinance addressing this issue. Inspector Lou Petrucci and Dave State of the Law Department are working on this matter and will be informing us to the possibility of the City of Buffalo adopting such legislation. Being that the Law Department is currently reviewing this policy, we have no further information at this point. Our intent is that, if possible , we would like to have available an ordinance which could make owners of buildings in the city responsible for the maintenance of these structures in light of this past years' incidents of falling facades. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 63 Ticket Surcharge Item No. 85 CCP 9-21-93 The 1993-94 budget contains a revenue estimate of $1,001,888 (see attached) attributable to the 5% ticket surcharge that was recommended by the Mayor and passed by Your Honorable Body. This ticket surcharge became effective On July 1, 1993. On June 11, 1993, letters were sent to affected agencies notifying them about the 5% ticket surcharge. Some organizations may be experiencing some difficulties due to the timing of ticket sales, etc. and the imposition of the surcharge. In such cases, some accommodation may be possible. It is the policy of this office that each such case is examined on an individual basis. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 World University Games Item No. 7, CCP 10-5-93 The above referenced item describes an arrangement to handle City utility and personnel costs for the World University Games (WUG). The costs under consideration are utility costs for the month of July at Pilot Field and the Memorial Auditorium along with City personnel costs associated with the WUG. Normally our utility cost for July would be $60,000 and our cost for personnel for the WUG was $41,000 for a total of $101,000. The arrangement calls for the City to receive a $0 utility bill for July for Pilot Field and Memorial Auditorium. The $60,000 saving to the City will be used to reimburse the City's $41,000 in WUG personnel costs and make a $19,000 grant-in-aid to the WUG. Also, the City will receive approximately $4,000 in surplus equipment (see attached) from the Greater Buffalo Athletic Corporation (GBAC). The alternative to the above is a normal City utility bill for July, the necessity to obtain reimbursement for the $41,000 in personnel costs from the financially strapped GBAC and the loss of $4,000 in equipment. Therefore, I recommend your approval of the agreement proposed in the above referenced item as being in the best interest of all concerned. REFERRED TO THE COMMITTEE ON FINANCE. No. 65 First Quarter 1993-94 Budget Report In my response (Item No. 81, C.C.P. 10/5/93) to Councilmember LoTempio's resolution, "File Updated Revenue and Expenditure Information on City Budget," (Item No. 221, C.C.P. 9/21/93), I indicated that this office would be filing a quarterly budget report at the end of October. Attached you will find that report for the quarter ended September 30, 1993. My report projects a 1993-94 City budget surplus of $3.2 million. This projection is a preliminary estimate based on information available through the first quarter of the current fiscal year. Below is a summary of significant variances to the 1993-94 budget. Detail of Estimated Revenue Variances ($ millions) +.500 Interest & penalty on taxes +.682 Payment in Lieu of Taxes +.240 Class I Utility Tax +.538 Other Miscellaneous Revenue & Resources (Including +.220 Insurance Recovery, + .279 Non-cash refund of prior years' expenditures) +.341 Other State Aid (Includes + .600 Mortgage Tax) -1.000 Parking Violations -.646 Various Departmental (Includes -.100 Comptroller, -.136 Buildings, -.131 Parks,) -.300 Entertainment Ticket Fee + .355 Total positive variance in revenues Detail of Estimated Appropriation Variances ($ millions) -1.238 Total Personal Services (Savings in regular salaries offset by overages in overtime. -.373 Other than personal services (Including +.474 Public Utilities, -.304 Materials & Supplies, - .540 Purchase of Services) -.295 Miscellaneous Charges, Interfund Transfers, and Exempt Items +4.653 Fringe Benefits (Includes +4.731 Pensions) +.100 Debt Service & Related Charges + 2.847 Total positive variance in appropriations Summary of Budget Variances $2.847 Expenditures below appropriation + .355 Revenues above estimate $3.202 Estimated positive balance for fiscal 1993-94 This is my final quarterly report to Your Honorable Body as Commissioner of Administration and Finance. I have had the privilege of holding this office since August, 1980. In my first ten years as Commissioner, the City ended each year with a surplus. Deficits in fiscal 1990-91 and 1991-92 were wiped out by a planned surplus in fiscal 1992-93. Although this report is a preliminary estimate, it is, nonetheless, evidence of the City's fiscal stability. I am very pleased to be able to turn over to the next administration a 1993-94 City budget with a projected surplus. Finally, I again recommend to Your Honorable Body that the City Charter be amended to require quarterly reports from the Budget Director and Comptroller. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 Upgradings - Local 264 Parking Enforcement Officer Supervisor of Street Sanitation Asst. Filtration Plant Operator In settlement of a grievance, which had been scheduled for Arbitration on December 2, 1993, in PERB Case A93-167, we have entered into an agreement with AFSCME Local 264 to upgrade the titles of Parking Enforcement Officer, Supervisor of Street Sanitation I and Asst. Filtration Plant Operator. The upgradings are warranted because in each case the titles have been paid less than other titles in the bargaining unit which perform the same work or lesser work. Because this agreement involves some additional funds, it must be approved by your Honorable Body. A copy of the agreement is attached. Your approval is recommended. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 67 Sick Leave Bank Local 2651, AFSCME, AFL-CIO William A. Wagner Attached please find a Memorandum of Agreement between the City of Buffalo and Local 2651, AFSCME, AFL-CIO, Establishing a Sick Leave Bank for the sole use of William A. Wagner, an employee of the Department of Inspections and Community Revitalization. Since Common Council approval is not required for agreements involving no monetary expenditures, this Memorandum of Agreement is being filed for informational purposes only. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 68 Certificate of Appointment Appointment effective October 18, 1993 in the Department of Administration and Finance Division of Parking Enforcement John J. Gannon, 120 Congress Street, Buffalo 14201, to the position of Supervising Hearing Examiner, Part Time, at the Maximum starting salary of $24,246. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 69 Salary Step Upgrade Christine Carr, Permanent Typist I would like to respectfully request that Christine Carr, 83 Chester Street, Buffalo, NY 14208, be upgraded from her current salary step No. 3 - $20,299 to salary step No. 5 - $21,352 (original Certificate of Appointment attached). Mrs. Carr has held the permanent title of Typist since March 18, 1991. She has been working in the secretarial field and with computers for 6 years. Presently, she is installing a program to standardize our Agency so that we can communicate with Albany via computer. Her vast expertise, experience and knowledge is critical to our program. Mrs. Carr works with the Director of Counseling, the five Counseling Clinics throughout the City, our Fiscal Office when needed, and works as Secretary to the Director of Substance Abuse in his secretary's absence. She has proven that she is a dedicated and dependable employee. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 70 Favors Elimination Of Performance Bonds Item #206, CCP 10-19-93 Please be advised that the Department of General Services agrees that performance bonds are unnecessary for the vast majority of purchase contracts for goods and services. Performance bonds (5% to 100%) would be required for only major contracts at the discretion of the Commissioner of General Services and/or requisitioning departments. Examples of bonding requirements would be: Fire truck purchase (100%), gasoline annual price agreement (thirty day supply...8%), guard service (thirty day service...8%). Vendors will be more receptive to City bidding. Savings will occur through reduced costs of vendor insurance, ultimately passed on to City. REFERRED TO THE COMMITTEE ON FINANCE. No. 71 Bids-Auction of City Vehicles I would like to request your Honorable Body's permission to dispose of the following vehicles: T-002-AF 1980 Chevy Pick Up Paul Staufenberger $ 550.00 X-5-IS 1983 Dodge Van Don Wilburn 525.00 AF-301 1983 Chevy Tow Truck Bison Auto 2000.00 AF-283 1983 Jeep Joel Peacock 950.00 X-15 1986 Chevy Eurosport Gino LaRusso 675.00 E-536 1983 Chevy Dump Blake Weber 800.00 T-106-E 1981 Chevy Pick Up Don Wilburn 600.00 E-528 1981 Chevy Pick Up Rich Shuster 800.00 T-902-E 1979 Chevy Pick Up Don Wilburn 600.00 P-460 1984 Pontiac Firebird Amen A. Hamed 1725.00 P-470 1984 Jeep Amen A. Hamed 2725.00 P-599 1985 Audi Gino LaRusso 1475.00 P-597 1985 Monte Carlo Amen A. Hamed 1200.00 P-600 1986 Jeep Bob & Don's Auto Parts 1300.00 P-601 1986 Jeep Bob & Don's Auto Parts 1400.00 P-936 1989 Dodge Diploma Norm's 525.00 P-860 1988 Nissan Maxima Brian Briar Motors 3300.00 Total Amount $21,150.00 REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CIVIL SERVICE COMMISSION No. 72 Personnel Specialist I - Employment History This is in response to your request for information relative to the employment history of Phyllis A. Gerard and Barbara A. Slisz, who were appointed to the position of Personnel Specialist I on July 1, 1993. Attached please find a copy of an employment history for each individual. I trust this satisfies your inquiry. If you have any further questions in this regard, please notify this Commission. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 73 Changes in Qualifications And Duties of Dispatcher Position, Dept. of Public Works, Division of Water Item #256, C.C.P. 10/5/93 This is in response to your request for information relative to changes in the Water Dispatcher position in the Department of Public Works. Attached please find a copy of a letter from the Department of Public Works requesting that the typing requirement for Dispatcher be rescinded. Also attached is a copy of the Civil Service Commission's decision approving this request. I trust this satisfies your inquiry. If you have any further questions in this regard, please notify this Commission. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 74 Duplicate Health Insurance I am in receipt of your letter dated September 9, 1993 referencing resolution #200, C.C.P. September 7, 1993, "Duplicate Health Insurance" which was adopted by the Common Council. The Buffalo Municipal Housing Authority encourages employees who have duplicate coverage to waive their medical/dental insurance benefits in exchange for in-lieu payments. Presently over 8% of our employees who are eligible for health insurance take advantage of these programs. The Buffalo Municipal Housing Authority will continue to promote the medical/dental waiver programs in an effort to eliminate duplicate coverage. RECEIVED AND FILED. FROM THE CITY CLERK No. 75 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 - Michael Roche RECEIVED AND FILED. No. 76 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 85 W. Chippewa Lake View Brewing Co. Andrew LoTempio RECEIVED AND FILED. No. 77 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: Mayor/Mayor Executive- Robert A. O'Hara Public Works- Michael Ruggiero, Paul J. Rebholz Street Sanitation- Frank A. Militello RECEIVED AND FILED. No. 78 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: Board of Ethics Buffalo Sewer Authority City Planning Board Youth Board Zoning Board of Appeals RECEIVED AND FILED. No. 79 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 October 22, 1993 in the Department of Common Council, Kai A. Redmond, 187 East Delavan Ave., Buffalo, NY 14208 to the position of Intern II, Seasonal, at the Flat starting salary of $4.25/hr. Appointment effective October 20, 1993 in the Department of Common Council, to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00/hr. Susan Bence, 380 Prospect, Buffalo, NY 14201 Michelle D. Ferguson, 66 Nevada Ave., Buffalo, NY 14211 Appointment effective October 25, 1993 in the Department of Common Council, Hubert W. O'Connor, 1547 Hertel Ave, Buffalo, NY 14216 to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00/hr. Appointment effective October 26, 1993 in the Department of Common Council, Robert J. Menz Jr., 82 Kail St. Buffalo, NY 14207, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00/hr. No. 80 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 STADIUM & AUDITORIUM Appointment effective September 27, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium to the position of Sr. First Class Stationary Engineer, Temporary, at the flat starting salary of $7.33. Thomas Lizak, Jr., 226 Columbus Ave., Buffalo, 14220 Jeffrey M. Moffett, 60 Tuscarora Rd., Buffalo, 14220 Thomas Evans, 142 Bloomfield Ave., Buffalo, 14220 Appointment effective October 6, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Paul Rybak, 337 Cumberland, Buffalo 14220 to the position of Sr. First Class Stationary Engineer, Temporary, at the flat starting salary of $ 7.33. Appointment effective October 18, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium Gary Matteson, 30 Crystal, Buffalo, 14220, to the position of Sr. First Class Stationary Engineer, Temporary, at the flat starting salary of $ 7.33. Appointment effective October 18, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Gerald Lewandowski, 173 Eden St., Buffalo, 14220, to the position of Laborer I, Seasonal, at the flat starting salary of $ 6.22/hr. Appointment effective October 25, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Mary McCarthy, 17 Woodside, Buffalo, 14220, to the position of Laborer I, Seasonal, at the flat starting salary of $ 6.22/hr. DEPARTMENT OF ASSESSMENT Appointment effective October 19, 1993 in the Department of Assessment, Florence A. Alessi, 791 Busti Avenue, Buffalo NY 14213, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/hour. Appointment effective October 25, 1993 in the Department of Assessment, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/hour. Juanita Adams, 141 Brunswick, Buffalo NY 14208 Leroy Moses, 67 Beiter Walk, Buffalo NY 14215 DEPARTMENT OF PUBLIC WORKS Appointment effective October 26, 1993 in the Department of Public Works, Division of Buildings, to the position of Second Class Stationary Engineer, Temporary, at the Flat starting salary of $ 5.63. William Collins, Jr., 343 Newburgh Ave., Buffalo 14215 James T. Conrad, 128 Harding Road, Buffalo 14220 William J. Crane, 15 Glendhu Place, Buffalo 14210 John G. Egloff, 51 Dallas Road, Buffalo 14220 Robert Miranda, 400 Downing St., Buffalo 14220 Joseph Reid, 30 Mumford St., Buffalo 14220 Appointment effective October 22, 1993 in the Department of Public Works, Division of Buildings, to the position of Sr. 1st Class Stationary Engineer, Temporary, at the Flat starting salary of $ 7.33/hr. Timothy Devany, 79 Marine Dr. Apt. 8B, Buffalo 14202 Thomas A. Evans III, 142 Bloomfield Ave., Buffalo 14220 Dennis P. Hayes, 451 Southside Pkwy., Buffalo 14210 Charles A. Kulp, 1015 Abbott Road, Buffalo 14220 Norbert S. Prus, Jr., 46 Young Ave., Buffalo 14212 Edward D. Standish III, 327 Cable St., Buffalo 14206 Appointment effective October 28, 1993 in the Department of Public Works, Division of Buildings, Herbert E. Hogue, Jr. 140 Breckenridge Street, Buffalo 14213, to the position of Sr. 1st Class Stationary Engineer, Temporary, at the Flat starting salary of $ 7.33/hr. Appointment effective October 18, 1993 in the Department of Public Works, Division of Buildings, Roger F. Stefaniak 35 W. Woodside Avenue, Buffalo 14220, to the position of Laborer I, Permanent, at the Minimum starting salary of $ 8.59. Appointment effective November 1, 1993 in the Department of Public Works, Division of Engineering, Scott Sullivan, 7 St. John's Parkside, Buffalo 14210, to the position of Laborer II, Permanent, at the Minimum starting salary of $9.38. DEPARTMENT OF PARKS Appointment effective October 18, 1993 in the Department of Parks, Division of Recreation, to the position of Refrigeration Plant Engineer, Seasonal, at the Flat starting salary of $ 6.91 hr. Daniel Griffin Jr., 24 Robins St., Buffalo 14220 David Vitali, 86 Stratmore, Buffalo 14220 Appointment effective October 20, 1993 in the Department of Parks, Division of Recreation, Michael Czajkowski, 49 Philadelphia, Buffalo 14207, to the position of Fee Collector Seasonal, at the Flat starting salary of $4.94 hr. Appointment effective October 26, 1993 in the Department of Parks, Division of Recreation, Willie Simmons, 81 Waverly St. Buffalo NY 14208, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION Appointment effective 10/25/93, in the Department of Inspections & Community Revitalization, Sandra Ortolano, 20 Fairchild Place Buffalo, New York 14216, to the position of Clerk, Seasonal at the Flat starting salary of $5.20 per hour. DEPARTMENT OF HUMAN RESOURCES Appointment effective October 19, 1993 in the Department of Human Resources, Division of Youth, to the position of Community Aide, Temporary, at the Flat starting salary of $ 5.46 Hr. Ed Cudney Sr., 103 Harrison St., Buffalo, NY 14210 Michelle Enright, 195 Maurice St., Buffalo, 14210 Scott Lohouse, 33 Columbus Ave. , Buffalo 14220 Lisa Mackovic, 161 Marine Dr., Apt 8D, Buffalo, 14202 Appointment effective October 19, 1993 in the Department of Human Resources, Division of Youth, Paul Feltman, 305 Bedford Avenue, Buffalo, 14216, to the position of Community Field Worker Temporary, at the Flat starting salary of $ 6.55 Hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 81 ALLENTOWN VILLAGE SOCIETY Income/Expenses 1993 Art Festival Our Treasurer has recently completed her compilation of the income and expenses for the 1993 Allentown Outdoor Art Festival. I apologize for submitting this data late, however, this compilation is not normally done by our Treasurer and the figures are generally not available to us until we receive our annual audited financial statements from our certified public accountants in or about February each year. These figures, therefore, are subject to change upon audit. Additionally, our Treasurer lost a good deal of time over the summer due to a death in her family and some time that she took to spend with family members out of state. The income for the 1993 Allentown Outdoor Art Festival was as follows: $58,100.00 Entry fees 7,600.00 Application fees 12,800.00 Concessions 8,154.80 Royalties $86,654.80 Total income The Show expenses were as follows: $ 4,863.73 Entry and Placement 1,791.35 Headquarters 138.00 Show Guide 3,118.50 Posters 909.37 Workshop 585.03 Hospitality and Artist Reception 15,841.35 Judging and Awards 1,113.18 Jurying 2,173.02 Appreciation Dinner 450.00 Show Lunch 462.01 Security 2,500.00 Insurance 5,295.01 Outside services 827.83 Miscellaneous Show expenses 455.00 Meetings 246.55 Printing and postage 157.25 Business Community liaison 2,096.01 Pre and Post Show cleanup 10,477.50 City of Buffalo Exhibitor's fees $53,500.69 Total expenses The surplus between expenses and income is used to defray the other expenses of the Allentown Village Society, Inc. during the year and to support our other projects and programs. Other expenses include items such as rent, telephone, utilities, insurance and supplies. We are also in the process of installing a computer system and part of the profit from this year's Festival will go to pay for that. Our other projects and programs include the Artist in the Schools Program in both the Buffalo Public Schools and the suburban public schools, our Art Scholarships Program, grants to various art organizations, including prize awards to such organizations as the Buffalo Society of Artists and the Fine Arts League, and the contribution which we made to MollyOlga in 1992. None of our officers, directors or volunteers draws any compensation. I am also enclosing a list of our 1993 Art Festival concessionaires showing the concessionaire's fee charged to each. Relative to the Allentown Association, we had discussions with their officers in response to the concerns of some of their members that their fee was being set too high. Those concerns were addressed in the form of a $450.00 contribution by the Allentown Village Society, Inc. to the Allentown Association. A copy of the Association's acknowledgment of our contribution is enclosed. If you have any questions or if you require any further information, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 82 BUFFALO CABLE ACCESS MEDIA Payment Schedule For Disbursement of Funds For The Public Access Special Revenue Fund. Buffalo Cable Access Media (BCAM) is requesting the Buffalo Common Council approve the payment schedule outlined below, for management and operation of the public access channel for the remainder of fiscal year 93-94. This schedule will cover the period from November 12,1993 - June 30,1994. Additionally, BCAM is requesting the $40,276.32 in supplemental monies in The Public Access Special Revenue Fund be encumbered for disbursement beginning February 25,1994. To ensure continuity in maintaining our operation payments should be received on or before the dates listed. November 12, 1993 $ 20,172.29 December 31, 1993 $ 20,172.29 February 25, 1994 $ 10,000.00 March 25, 1994 $ 10,276.32 April 22, 1994 $ 10,000.00 May 27, 1994 $ 10,000.00 Beginning April 1994, BCAM will submit monthly expense reports detailing spending activity of supplemental monies for each previous month. The report will be filed with the City Clerk's Office on or about the 15th of each month. Reports will be available for Common Council Meetings on April 19th, May 17th, June 14th and July 19th. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 83 BUFFALO CABLE ACCESS MEDIA Fiscal Year 1992 - 93 Annual Audited Report For The Period of July 1, 1992 to June 30, 1993. Buffalo Cable Access Media (BCAM) is submitting its Annual Audited Report for FY 92 - 93. This report covers financial activity between July l, 1992 to June 30, 1993. RLK Accounting Services was hired by BCAM to conduct an audit of our financial records for this period. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 84 BUFFALO WHOLESALE FLORISTS Favor Genesee Village Plan Enclosed is your copy of Buffalo, Wholesale Florist Supply/Ray Gonzales's 10/14/93 letter of support on the above-referred matter. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 85 CITIZENS RAPID TRANSIT COMMITTEE Compensation For Migration To Suburbs The Citizens Rapid Transit Committee hereby requests an opportunity to explain to the Common Council the absolute necessity of compensating for the migration of people from the City into the suburbs with a comprehensive Metro Rail system to make it possible for people to find employment, shop and utilize all kinds of services throughout the metropolitan region. There is a practical means at hand for achieving it, which however requires the thorough understanding and full support of the City government. Another aspect of this opportunity is that there is an immense amount of unused railroad property around the City, much of which could be developed to the advantage of everyone in the City if ready access could be provided by Metro Rail extensions. We realize that determining the needed transportation policies is the responsibility of the Niagara Frontier Transportation Committee, implementing them is the responsibility of the Niagara Frontier Transportation Authority, and paying for them the responsibility of Erie County. However, the City of Buffalo will be in many ways a major beneficiary of any improved bus and rail transit services, so cannot assume its needs will be understood and met unless it clearly and forcefully explains what its interests are, to both the responsible officials and the public. An hour should be allowed us for an adequate preliminary explanation, with opportunity to respond satisfactorily to questions from Councilmen. Kindly advise us when and where we may appear. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 86 REV. D. DZYMALA Prohibit Bathhouses Regarding Morgan's new sauna (bathhouse) at 655 Main Street in downtown Buffalo. I am seeking a city ordinance prohibiting bathhouses in the city of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COUNCIL PRESIDENT, AND THE CORPORATION COUNSEL. No. 87 EASTMAN CAPITAL CORP. Oppose Landlord Licensing Law We are strongly opposed to the Landlord Licensing Law and we strongly support your opposition to it. This is a stupid law dreamed up by stupid people who have little experience in dealing with the practical realities of rental income real estate in Buffalo. The City Inspection Dept. needs a major overhaul. It is certainly not capable at this time of inspecting and licensing absentee-owned properties. The real problem is not the landlords, it is the total lack of responsibility of the tenants who are on welfare or social services. Attached is a damage report from a beautiful house we had on Doat Street (next to Bailey) which was totally trashed by a Section 8 tenant. We estimate the cost of fixing up this house again in the thousands of dollars. When the tenant moved in, it was inspected by Section 8 and passed. This is an example of what the City needs to fight, together of course with rising crime and violence. We thank you for your support. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 88 RICHARD KERN Required Affirmative Fair Housing Plan According to USA Today, Buffalo is the 4th most segregated metropolitan area in the US. Hamburg is 99.5% White. In 1980 Hamburg was 99.4% White. Black population in Hamburg has been stable at 0.2% while Blacks in Buffalo now are 31% of the city's population, or 155 times the rate in Hamburg! There is no public plan to address this horrible disparity. I was the only person to attend the public hearing on the CHAS in Hamburg. Racial disparity in city housing is also blatantly unfair, primarily in government subsidized housing where fair housing enforcement should be most effective. The major offenders are: 1. Buffalo Municipal Housing Authority has dramatically reduced Blacks in public housing as Black population, poverty and homelessness have all steadily increased. *BMHA has eliminated 1,200 Black households from public housing since 1980 while having twice the staffing of some well-run housing authorities and 1,500 fully funded vacancies. * There are over 100 homeless children in shelters nightly but BMHA houses 700 fewer children than in 1986. *Blacks in shelters have increased from 40% in 1987 to 80% currently. BMHA eliminated 200 Black households in 1992 and 120 Black households so far in 1993. Black households on the waitlist increased from 1,500 in 1992 to 1,800 currently. 2. Marine Drive Apartments are cheap ($275 for 2 bedrooms, including utilities) and highly sought after housing on the waterfront, owned by BMHA and leased to a tenant cooperative, has effectively kept out both minorities and families. *There are currently 31 Blacks (and 1 American Indian, 4 Asians) in a 616 apartment development where almost 400 Black households were moved out in the 1960's. *There are no Hispanics, although the lower Westside is a Hispanic neighborhood. *There are only 32 children (almost none minority) living in 565 apartments having two or more bedrooms. Despite the strong appearance of racial (and social class) discrimination, there is no public discussion of these issues. *I was the only person attending the Buffalo CHAS hearing last week. *Buffalo city government has no human rights mechanism and 3 levels of fair housing enforcement in the city have no plan to address these issues. There has been a breakdown of fair housing enforcement in Buffalo. The solution starts with public dialogue about the problem RECEIVED AND FILED. No. 89 NIAGARA FRONTIER TRANSPORTATION AUTHORITY Restore Vehicle Traffic to Main Thank you for affording NFTA the opportunity to comment on the letter of Mr. Charles Griffasi as regards restoring vehicular traffic to Main Street in downtown Buffalo. In general, reopening Main Street to vehicular traffic would not be compatible with the concept of a transit-pedestrian mall. The Buffalo Place mall represents a consensus of community opinion, reached in the early 1980's, to enhance the downtown environment by creating a traffic-free mall. Subsequently a public investment of over $40 million was made to support this concept. As a practical matter, vehicular traffic could not be restored to Main Street unless the Metro Rail line was either removed or substantially reconfigured (at great expense). In addition, it is very speculative to state that reopening Main Street would produce significant economic benefits. Finally, the Niagara Frontier Transportation Committee and others are conducting studies of downtown traffic patterns. These studies will evaluate existing street patterns in and around the Central Business District. Especially important is the foot of Main Street at South Park Avenue for access to the Inner and Outer Harbor areas. It is in this section of Main Street from Scott Street to the proposed bridge to the Outer Harbor that a mix of trains, pedestrians and auto traffic are being evaluated to serve anticipated development in the area. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 90 GEOFFREY ODOM Shoeshine Stand (Lobby of City Hall) I am requesting to establish a permit and/or license to operate a shoeshine stand in the lobby of City Hall. I understand this license was granted a few years ago, in 1981 but the business never materialize. Currently I run stand in the Ellicott Square building with a partner. I realize in order for me to flourish economically I must relocate and what a better place than City Hall. Considering the amount of space I feel this would be an excellent shot to set up business. I along with my wife would be the sole operator of the stand and we would be responsible for opening and closing during the business day. I also understand that I would have to obtain the proper permits once the Common Council has given their approve and the question of insurance would have to be taken care of before opening. If you have any question concerning my business ventures please feel free to contact me at 886-5578. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 91 CONGRESSMAN JACK QUINN Striker Replacement Bill As you may know from news reports, the House of Representatives recently passed HR5, sometimes referred to as the Striker Replacement Bill. The provisions of this bill would prohibit employees from permanently replacing or threatening to replace striking voters. I voted for this bill. Although I broke ranks with my party to do so, I felt my first responsibility was to the residents of my district. Although Western New York's economy has diversified since the late 1970's and early 1980's, Buffalo is home to thousands of hardworking union members, workers I represent in Congress. I firmly believe the striker replacement bill will ultimately improve workers standards of living as well as business and industry's competitiveness. In the long run, I believe this legislation will benefit both workers and industry by restoring the balance of power between labor and management, improving workers' job security and standards of living and reducing the number and need for strikes. When I was elected to office, I promised to put the needs of my constituents first, regardless of the political fallout for me. I plan on continuing that course. If you have any questions about this legislation, or if I can be of service to you in the future, please do not hesitate to call on me. RECEIVED AND FILED. No. 92 ROGERS TAXI SERVICE INC. Taxi Stand Sign at Washington & Chippewa and Main & Church We are requesting a taxicab stand sign for at least three (3) taxicabs to be located at the following. Journeys End Suites, Washington and Chippewa Sts. Network Niteclub, Main and Church Sts. Your help in expediting this matter will be greatly appreciated. If there are any questions, please do not hesitate to call. Thank you kindly. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTION AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 93 TCI OF NEW YORK Addition Of "Spice" Channel In an attempt to provide our customers with an even greater array of programming choices, TCI of New York will offer a new pay-per-view service, called "Spice" on Channel 61, beginning November 8, 1993. Spice will contain explicit R-rated adult programming material and will only be available daily between the hours of 9pm and 5am. We realize there are many people who object to such programming; however cable television, by its very nature, is designed to offer choice selection to the public so that the users can decide just what programs and services they do and do not wish to view. TCI of New York has not offered an adult programming service since 1988. TCI of New York recently commissioned a survey of its customers in the City of Buffalo by a research firm (Talmey Drake Research and Strategy, Inc.). The survey found that 83% of our customers felt their cable company should be able to offer an exclusive adult pay-per-view channel available to those customers who wish to view it. The programming shown on Spice is available only on a pay-per-view basis and will be scrambled to prevent unauthorized viewing. Although the programs found on Spice are not X-rated, we are sensitive to the opinions of our customers. We are aware that certain customers will not want specific individuals (ie. children) in their homes to have access to this channel; therefore, we have established two options for our customers: 1. A message printed on all customers' bills will appear, prior to launching Spice, announcing the arrival of this new service and inviting customers to call our Customer Service Department to arrange complete removal of Spice from their service. 2. Another option that we have made available to our customers is the assignment of PIN (Personal Identification Number) codes, which will allow only certain individuals in the household who know the PIN code to order the service. This way, children are denied access to this service. We will be sending all of our customers who have the ability to order pay-per-view events and movies (TCI Home Theatre Club-members and Cinemax Customers) a postcard notifying them of Spice and also explaining to them the options 1 have listed above. A Business Reply Card will be attached for customers to return to us if they are interested in a PIN code. We have every intention of making sure we are sensitive and understanding of our customers' feelings as we move along with the launch of Spice. As such, we will limit any mass media market campaigns, which includes limited promotion of Spice on our own cable channels. The direct mailpiece is to be used strictly to get the word to our customers that an option is available to restrict use of this channel in their homes. Please contact me at 862-4640 if you would like any further information regarding the launch of this new service. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 94 NYS URBAN DEVELOPMENT CORP. Hearing Notice- Crossroads Arena General Project Plan Notice of Public Hearing and General Project Plan Relating to the Proposed Crossroads Arena Civic Project Enclosed please find a Notice of Public Hearing, General Project Plan and Project Findings that were prepared by the New York State Urban Development Corporation ("UDC"), in connection with the proposed Crossroads Arena Civic Project Loan. Pursuant to Section 6266 of the New York State Urban Development Corporation Act [Unconsolidated Laws Section 6251, et. seq. (McKinney 1979)], UDC is required to file such Project Plans and Project Findings with the office of the City Clerk in which the proposed Project is located. Accordingly, please accept the enclosed for filing at your earliest convenience. The UDC is a corporate governmental agency and public benefit corporation of the State of New York created by the New York State Urban Development Corporation Act of 1968. Therefore, pursuant to CPLR Section 8017, UDC is exempt from any fee which may be required for the filing of these materials. If you have any questions, please feel free to contact me at (212) 930-0278. Thank you for your attention to this matter. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 95 NYS CRIMINAL JUSTICE SERVICES Funding Police Overtime World University Games This is in reply to your letter of September 28th in which you ask the status of funding appropriated by the Legislature as part of the 1993/94 State Budget to reimburse localities for expenses related to overtime associated with providing police security at the World University Games. The City of Buffalo has been reimbursed $417,087.94 for overtime paid to police officers to provide security at the event venues of the World University Games. A total of $1,581,936.14 in reimbursement has been paid to date to 14 localities. It is not clear what other expenses related to the World University Games will be reimbursed from the balance of the appropriation. This issue is currently being considered by members and staff of the State Legislature. I will advise you of the outcome of their deliberations. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 96 NYS CRIMINAL JUSTICE SERVICES Funding - Exempt Employees World University Games In your October 19 letter, you requested information on the status of the funds the State set aside to reimburse Buffalo for security during the World University Games, and indicated your concern that the State had re-captured these funds for use in paying vendor debts associated with the Games. I am afraid there may have been some misunderstanding about the funding of Game-related expenses. The City had no formal agreement with the Division and funds were not set specifically aside for any locality. The Division of Criminal Justice Services has, in fact, met its statutory obligation to reimburse Buffalo police overtime expenses incurred during the event. A voucher for $417,087.94 was paid to the City of Buffalo on October 15 for all direct overtime costs. The other $43,206.61 in submitted expenses are viewed as ancillary, including the unusual requests for reimbursements for the Police Commissioner's and Deputy Police Commissioners' overtime services and for overtime paid to officers not assigned to the Games, resulting from related police manpower shortages in Buffalo. In a July 29 letter to Gary Schreivogl, Director of the Office of. Funding and Program assistance, the Office responsible for administering the security funding for World University Games, the Commissioner of Police indicated that he and the Deputy Commissioners were exempt employees, not ordinarily eligible to receive overtime pay. Now that all direct security costs have been paid as mandated, we are reviewing with the Legislature what should be done with the balance of the appropriation. No decision has been made as of this writing. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. PETITIONS No. 97 Donald Braasch, owner, petition to use 49 Leddy Street for a concrete batch plant with offices. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 98 Crippled Children's Guild, owner, petition to use 938 Delaware Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 99 H-H Acquisition Corp., petition to Rezone 9-13 Toledo Place from R-2 to C-2 District to use property for a Pharmacy. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 100 H-H Acquisition Corp., petition to Rezone 666 Parkside Avenue from R-1 to C-2 District to use as a parking area for retail pharmacy. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 101 Salary Ordinance Amendment 40 Department of Public Works 031 Operation & Maintenance of Public Buildings (Item No. 223, C.C.P., Sept. 21, 1993) That the Salary Ordinance Amendment as contained in Item No. 223, C.C.P., September 21, 1993, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 102 Salary Ordinance/Public Works (CC) (Item # 54 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Set Leave Time Policy For Exempts (Compt) (Item # 17 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Appointment Administration & Finance/Senior Management Analyst That Communication No 135 CCP Sep 7, 1993 be received and filed and the Temporary appointment of Pamela K. Asarese stated above at the intermediate salary $39,200.00 effective on Jul 26, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 105 Appointment Audit & Control/Senior Data Processing Equipment Operator That Communication No 25 CCP Sep 21, 1993 be received and filed and the Permanent appointment of Darlene Folger stated above at the Maximum salary $26,995.00 effective on Sep 21, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 106 Appointment Human Resources/Typist That Communication No 83 CCP Oct 5, 1993 be received and filed and the Permanent appointment of Charlene E. Scherer stated above at the Maximum salary $21,352.00 effective on Oct 5, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 107 Appointment Human Resources/Substance Abuse Specialist That Communication No 85 CC? Oct 5, 1993 be received and filed and the permanent appointment of Kathleen Cunningham-Isch stated above at the Intermediate salary $27,236.00 effective on Oct 5, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 108 Notices Of Appointments (C.Clerk) (Item # 79 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 109 Audit/State Comptroller/Retirement/Elected & Appointed Official (Item # 42 CCP Jun 8, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Establish Work Day for Elected/Exempts (Item # 160 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Energy Audit Implementation Recommendation (Compt) (Item # 34 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Bids/Front Steps City Hall (PW) (Item # 25 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Refund Excess Tax/Buffalo Village (Assmt) (Item # 23 CCP Oct 5. 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 J. Piccione/Cancel Interest On Taxes (Item # 107 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Cancel Interest On Taxes 110 St. James (Assmt) (Item # 18 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 J.Piccione/Cancel Interests On Taxes 110 St. James (CC) (Item # 49 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Identify Funds/Paint Traffic Regulations On Streets (PW) (Item # 34 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby referred to the Committee on Legislation. ADOPTED. No. 118 Performance Audit/In Lieu Medical Insurance (Compt) (Item # 34 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 119 L. Hoang/Use 2018 Bailey/Restaurant (Item # 89 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Presbyterian Homes, Petition to use 1175 Delaware Avenue (Item No. 90, C.C.P., Oct. 19, 1993) That after a public hearing before the Committee on Legislation on October 26, 1993, the petition of Presbyterian Homes, owner, for permission to use 1175 Delaware Avenue for a pole sign be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 121 Waste Management of N.Y., Inc., Petition to Use 191 Ganson (Item No. 91, C.C.P., Oct. 19, 1993) That after a public hearing before the Committee on Legislation on October 26, 1993, the petition of Waste Management of N.Y., Inc., for permission to use 191 Ganson for an office building be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 122 Rosemary Loffredo, Petition to Use 1431 Kensington Avenue (Item No. 173, C.C.P., Oct. 5, 1993) (Item No. 88, C.C.P., Sept. 21, 1993) That after a public hearing before the Committee on Legislation on October 26, 1993, the petition of Rosemary Loffredo, owner, for permission to use 1431 Kensington Avenue for a pole sign be and hereby is approved on the condition that the sign be no higher than 18'and 7' x 5' dimensions. PASSED. AYES- 12 NOES- 0. No. 123 Encroachment - Leddy Street, Portion of (Item No. 35, C.C.P., Oct. 19, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. D.J. Braasch of the Donald J. Braasch Construction Company, to install a paved area and gate at the at the west edge of the paved portion of Leddy Street which would encroach city right-of-way at said Street, subject to the following conditions 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the applicant be responsible for maintenance of the paved area, including snowplowing, and the gate as long as they remain within City right of way. 3. That the applicant supply the City of Buffalo Department of Public Works with an owners protective insurance policy, naming the City of Buffalo as insured, in the amount of one million dollars ($1,000,000.00) 4. In the event that the Commissioner of Public Works determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner of Public Works may order the immediate removal of said encroachment as described in Chapter 413-67 (E) of the City Ordinances. PASSED. AYES- 12 NOES- 0. No. 124 Encroach Handicap Ramp - 746 Main Street (Item No. 36, C.C.P., Oct. 19, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Timothy Tompkins, owner of the Buffalo Spa and Body Club, located at 746 Main Street, to install a handicap ramp which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. PASSED. AYES- 12 NOES- 0. No. 125 Encroach Flagpole - 1245 Main Street (Item No. 37, C.C.P., Oct. 19, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Gerald J. Carriero, of G & E Management, Inc., owners of property located at 1245 Main Street, to install a flagpole which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the flagpole be installed at a location determined by the City Engineer. 3. That the applicant be responsible for maintenance of said flagpole as long as it remains within City right of way. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said flagpole. PASSED. AYES- 12 NOES- 0. No. 126 Ordinance Amendment Ch. 249/Inspections Procedures (Item # 121 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Ordinance Amendment/Ch 479 Cruising (Item # 223 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Notification Serials 8311-8319 (PW) (Item # 22 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 R. Sheppard/Make Lockwood One-Way (Item # 162 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 S. Nardozzi/Oppose Expansion Of Community Center (Item # 190 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Oppose Extension Hennepin Community Center (Parks) (Item # 44 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Hennepin Community Center Extension (CC) (Item # 51 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 W. Stachowski/Conditions For Hennepin Grant (Item # 87 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 S. Palmer Oppose Removal/Green Strip Elmwood Commons (Item # 104 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Remove Grass/ Shrubs-Elmwood Common (CPBD) (Item # 16 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Mistaken Identity/Allentown Fatality (Pol) (Item # 43 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Notice/FEIS/Great Northern Elevator (Pres. Bd.) (Item # 13 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Establish Environmental Enforcement Squad (Item # 230 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Environmental Enforcement Squad (EMC) (Item # 9 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Environmental Enforcement Squad (CC) (Item # 52 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 G. Giorgi - Oppose Needle Swap (Item No. 112, C.C.P., Oct. 5, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be, and the same is received and filed. ADOPTED. No. 142 Suspend Needle Exchange Program (Item No. 194, C.C.P., Oct. 19, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That this Common Council rejects the choice of Buffalo Columbus Hospital as a viable location for a Hypodermic Syringe and Needle Exchange Program; and That the New York State Department of Health suspend procedures for implementing the Hypodermic Syringe and Needle Exchange Program at Buffalo Columbus Hospital until a location can be identified that has the support of the surrounding neighborhood, and That a public hearing be held on Tuesday, October 26, 1993 at 6:30 p.m. in Common Council Chambers to discuss the issue of the Hypodermic Syringe and Needle Exchange Program at Buffalo Columbus Hospital. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. RESOLUTIONS No. 143 By: Mr. Amos BADMA - Authorization for Graffiti Removal Services Whereas, the Board of Directors of the Bailey/Amherst District Management Association, Inc. (hereinafter "BADMA") has requested specific authority to expend special assessment funds for the purpose of removing graffiti from buildings and street furniture within the District; and Whereas, the BADMA warrants that said graffiti removal activity will fall within current budgetary projections; and Whereas, Section 24-e(c) of the New York State General Municipal Law authorizes this Common Council 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 presence of graffiti has a negative impact on all properties within the Bailey/Amherst Business Improvement District; and Whereas, the removal of said graffiti will directly benefit all properties within the District; Now, Therefore, Be It Resolved That: 1. The proposed graffiti removal services will provide a genuine public benefit for the enjoyment of the public and the enhancement of the District; 2. The Corporation Counsel is hereby requested to draft any requisite amendments to the District Plan and/or Agreements enabling BADMA to provide said graffiti removal services; and that 3. The Commissioner of Community Development is hereby authorized to execute said amendment provided that a Waiver and Indemnification Agreement, in a form acceptable to the Corporation Counsel, is executed therewith. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 144 By: Mr. Amos Commitment of $200,000 of Community Development Block Grant Funds to Develop Senior Citizen Housing at 3080 Main Street Whereas: 3080 Main Street is the site of a former automobile dealership, containing an existing building of approximately 15,000 s.f. and 3+ acres of land; and Whereas, Phil Martino's West Side Appliance & Furniture Corp. (the Corporation) has purchased the property, and has obtained financing to redevelop this building into a new appliance and electronic equipment center; and Whereas, the Corporation has obtained preliminary commitments to finance the construction of a 60 unit senior citizen facility on the undeveloped portion of the 3080 Main Street property; and Whereas, these funding commitments include $1.3 million from Paramount Capital Corporation, $1.5 million from the NYS Housing Trust Fund and $2.8 million in NYS Section 42 tax credits; and Whereas, there is a financing gap of $200,000 in project costs needed for the infrastructure improvements; and Whereas, the Corporation requires a formal city commitment of $200,000 in CDBG funds to complete the project described above; and Whereas, existing CDBG entitlement funds have been identified for this purpose in the following accounts: 93-50705, 92-4082, and 93-03504.12 ($100,000), and Whereas, funds from the above referenced accounts can be transferred to account #93-50702 - LaSalle Station integrated Development Plan to complete this project. Now Therefore Be It Resolved, this Common Council formally commits $200,000 in CDBG funds from the previously mentioned accounts for the 3080 Main Street project; Be It Further Resolved: that the borrowed funds of $100,000 from Lovejoy District's account will be reimbursed from the University District's 20th year CDBG entitlement. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 145 Mr. Arthur Remove/Move "No Parking Here to Corner" Sign 511 Genesee Street Whereas: Presently there is a "No Parking Here to Corner" sign in front of a Barbershop located at 511 Genesee Street (between Camp and Kane); and Whereas: This sign prevents customers of the Barbershop from parking in front of the establishment and consequently, business suffers: Now Therefore Be It Resolved: That this Common Council requests the Division of Traffic Engineering to remove this sign, or move it closer to the corner, in order to permit parking in front of the Barbershop. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- BELL- 1. No. 146 By: Mr. Bakos Renovation and Expansion of Hennepin Park Community Center Whereas: A $2.7 million grant from the New York State Division for Youth has been earmarked for use by the City of Buffalo and ABLEY for the renovation and expansion of the Hennepin Park Community Center; and Whereas: On Election Day, Tuesday, November 2, 1993, a non-binding referendum on the ballot in the East Lovejoy community was passed, indicating the area's support for the project; and Whereas: Vote tallies in the East Lovejoy area, bounded by Central Avenue on the west, William Street on the south, Broadway on the north, to the city line at Sloan on the east, showed that of 1856 ballots cast, 1116 favored the project, with 740 in opposition (a 60% -40% margin of victory). The voting and tabulation was monitored by the League of Women Voters; and Whereas: This clear expression of the people's support should serve as the necessary impetus to initiate the actions required to begin the project; Now, Therefore, Be It Resolved: That this Common Council authorize the Mayor to initiate the necessary actions to enter into the contractual agreements with New York State to begin the renovation and expansion of the Hennepin Park Community Center. ADOPTED. No. 147 By: Mr. Bell Waiver of Fees, 1245 Main Street Whereas, the United States Post Office at 1245 Main Street is one of the few nationwide without an American flag displayed, and Whereas, the owner of the property has requested permission to install a flag pole which would encroach on the City right-of-way at that location, and Whereas, the display of the flag will benefit the area for patriotic reasons as well as practical ones, making it easier for citizens to locate the post office, Now, Therefore, Be It Resolved That, Should this Honorable Body approve the requested encroachment and authorize the issuance of a "mere license," any and all fees for permits and/or licenses in connection with this flag pole be and hereby are waived. PASSED. AYES- 12 NOES- 0. No. 148 By: Mr. Bell Outstanding Land Disposition Agreements Whereas: Land Disposition Agreements (LDA's) attempt to foster urban renewal, job creation and economic development by allowing for the sale of public land to private developers for below-market value providing that various conditions are met; and Whereas: Many LDA's between private developers and the Buffalo Urban Renewal Agency (BURA) have been approved by the Common Council, but a significant percentage of them have never had their terms and conditions properly fulfilled; and Whereas: One such example was the Land Disposition Agreement for the Block 1 Oak/Michigan Corridor parcel that was approved for Uniland Development on February 16, 1988; and Whereas: The parcel was transferred to Uniland for less than half of its assessed value, which built an office building for an unnamed tenant; and Whereas: That tenant never materialized and, without informing the city or BURA or requesting a change in the LDA, Uniland sold the land and building to the Church of Jesus Christ of the Latter Day Saints; and Whereas: The Uniland episode is just one in a disturbing pattern of many developers failing to live up to the terms and conditions of LDA's that have been approved; and Whereas: It is important to review developer adherence to LDA requirements and to continue monitoring compliance on a regular basis. Now, Therefore Be It Resolved: That the Department of Community Development and the Buffalo Urban Renewal Agency be requested to file a list of all outstanding LDA's along with the reasons that they have not been fulfilled; and Be It Further Resolved: That this report detail which LDA's have had the designations renewed and/or amended, the terms of the renewal and/or amendment, and the final schedules; and Be It Finally Resolved: That an update be filed with the City Clerk for every outstanding Land Disposition Agreement wit in one year of the initial approval, and that annual updates be provided until all the terms have been satisfied. ADOPTED. No. 149 By: Mr. Bell Status of Court-Franklin Whereas: The group headed by Carl Paladino has been designated the developer of the southeast corner of Court and Franklin Sts.; and Whereas: The Paladino group sought to be chosen by the General Services Administration (GSA) to develop an office building for the Immigration and Naturalization Services (INS); and Whereas: In order to meet the GSA's requirements, it was necessary for the Paladino group to include an adjacent parcel held by a group headed by Clement Chen III; and Whereas: A deal was negotiated for BURA to acquire that property so that it could be included in the proposal to the GSA, with the provision that the Chen group could repurchase the site for $400,000 if that location were not chosen; and Whereas: The GSA subsequently designated a site on Delaware Avenue for the INS building; Whereas: It has not been made clear whether the Chen group has repaid those funds to reacquire the parcel, and exactly where that repayment did or should go; and Whereas: There are also questions about the future use of the Court-Franklin parcels; Now, Therefore Be It Resolved: That the Department of Community Development and the Buffalo Urban Renewal Agency file a report with the City Clerk on the status of the Court-Franklin parcel which specifically addresses the status of the $400,000 that was to be paid back by Clement Chen III, as well as future development plans for this location. ADOPTED. No. 150 By: Mr. Collins Transfer of Funds Assessment - Non-Professional Personal Services Assessment - Capital Outlay That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,000 be and the same is hereby transferred from Assessment - Non-Professional Personal Services, and said sum is hereby reappropriated as set forth below: From: 100 General Fund 09 - Assessment 580- Non-Professional Personal Service $2.000 To: 100 General Fund 09 - Assessment 085 - Capital Outlay 982 - Operating Equipment $2.000 PASSED. AYES- 12 NOES- 0. No. 151 By: Mr. Collins Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $16,300 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842- Reserve for Capital Improvements $16,300 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $16,300 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $16,300 To: 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction Swimming & Diving Pools $16,300 PASSED. AYES- 12 NOES- 0. No. 152 By: Mr. Collins Bond Resolution $100,000 Bonds Partial Reconstruction of 1170 Broadway Account 200-717-070 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $ 100,000 General Improvement Serial Bonds of said City, to finance the cost of the partial reconstruction of 1170 Broadway to be used as a community center, 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 Serial Bonds of said City in the principal amount of $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 building located at 1170 Broadway to be used as a community center, 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 $100,000 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 Department of Community Development, Division of Development, "Rehabilitation of 1170 Broadway into Information Center 1993-1994," Bond Authorization Account No. 200-717-070, 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 $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) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: Nov. 3, 1993 LAID ON THE TABLE. No. 153 By: Mr. Collins Bond Resolution $150,000 Bonds The Improvement of Facilities at Lang-Weber Field Account 200-717-072 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $ 150,000 General Improvement Bonds of said City to finance the cost of the improvement of facilities at Lang-Weber Field, at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $ 150,000, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of the improvement of facilities at Lang-Weber Field, including improvements to the baseball diamond and construction of a tennis court and basketball courts. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $ 150,000, as set forth in the duly adopted Capital Improvements Budget, as amended, 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, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Improvements to Lang-Weber Field 1993-1994," Bond Authorization Account No. 200-717-072, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $150,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is fifteen (15) years. (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: Nov. 3, 1993 LAID ON THE TABLE. No. 154 By: Mr. Collins Bond Resolution $332,000 Bonds Purchase of Street Sweepers Account 200-101-037 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $332,000 General Improvement Bonds of said City to finance the cost of the purchase of four street sweepers for use by the City, at the estimated maximum cost of $332,000. 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 $332,000, 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 purchase of four street sweepers for use by the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $332,000, as set forth in the duly adopted Capital Improvements Budget, as amended, 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, shall be deposited in the Capital Projects Fund to the credit of the Department of General Services, Division of Purchase, "Purchase of Street Sweepers 1993-1994," Bond Authorization Account No. 200-101-037, 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 City, pursuant to this Bond Resolution, in the maximum amount of $332,000. 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 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) 28 of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: Nov. 3, 1993 LAID ON THE TABLE. No. 155 By: Mr. Collins Bond Resolution $540,000 Bonds Purchase of Fire Engines Account 200-210-001 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $540,000 General Improvement Bonds of said City to finance the cost of the purchase of two fire engines for use by the City, at the estimated maximum cost of $540,000. 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 $540,000, 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 purchase of two fire engines for use by the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $540,000, as set forth in the duly adopted Capital Improvements Budget, as amended, 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, shall be deposited in the Capital Projects Fund to the credit of the Department of Fire, "Purchase of Fire Fighting Vehicles 1993-1994," Bond Authorization Account No. 200-210-001, 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 $540,000. 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 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) 27 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: Nov. 3, 1993 LAID ON THE TABLE. No. 156 By: Mr. Collins Bond Resolution $600,000 Bonds Purchase of Dual-Purpose Packers Account 200-101-038 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $600,000 General Improvement Bonds of said City to finance the cost of the purchase of six dual-purpose packers for use by the City, at the estimated maximum cost of $600,000. 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 $600,000, 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 purchase of six dual-purpose packers for use by the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $600,000, as set forth in the duly adopted Capital Improvements Budget, as amended, 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, shall be deposited in the Capital Projects Fund to the credit of the Department of General Services, Division of Purchase, "Purchase of Dual-Purpose Packers 1993-1994," Bond Authorization Account No. 200-101-038, 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 $600,000. 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) 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) 28 of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: Nov. 3, 1993 LAID ON THE TABLE. No. 157 By: Mr. Coppola Direct Council Staff to Inventory Street Sanitation Snow Removal Vehicles and Equipment Whereas: The onset of winter is fast approaching and steps must be taken now to fully prepare for handling snow removal in the city; and Whereas: Plows, salters, and high lifts must be fitted now so they are ready to go before the first snowfall; and Whereas: All equipment used in the spring, summer, and early autumn must be checked out and transformed for winter use; and Whereas: A thorough inventory of vehicles and equipment must also be completed to determine how many pieces of equipment are available for use and the condition of each; Now, Therefore, Be It Resolved: That the Common Council direct its staff to make arrangements with the Commissioner of Street Sanitation to inventory vehicles and equipment at the Broadway Garage and to file a report before the next Council meeting detailing the number of pieces and condition of each type of equipment. ADOPTED. No. 158 By: Mr. Coppola Report on Street Cut Permits Whereas: The Department of Public Works issues street cutting and inside curb cut permits to utility companies and private contractors so that they can cut into the street or sidewalks to repair or install underground utility service; and Whereas: A condition on the permit issued to utilities companies requires them to repair the street back to its original condition once the work is completed; and Whereas: If a private contractor applies for and is approved for a street or sidewalk cutting permit, the contractor is only required to cement the hole to ground level upon completion of the job; and Whereas: The Department of Public Works then charges an additional fee to private contractors to cover the cost incurred by the city for hiring a blacktop paving company to repair all the sites that have only a cement cap; and Whereas: The Department of Public Works does not allow the private contractors to repair the cut streets on their own because many of the contractors do not have the equipment to properly repair the street back to its original form; and Whereas: Numerous cement capped street cuts have not been refinished to their original form for more than a year, and sometimes for a number of years, creating serious road hazards and leaving the streets of the city looking aesthetically poor; and Whereas: If the Department of Public Works is in fact collecting money from private contractors to repair the cement caps and the work remains unfinished, a explanation is needed, detailing the reasons for the incomplete work and the accounting of funds collected. Now, Therefore Be It Resolved That: This Honorable Body directs the Commissioner of Public Works to file a report with the Common Council listing the number of street cut and inside curb cut permits granted to both utility companies and private contractors for the past three years with the fees associated with the permits, and copies of the contracts with the paving companies hired to repair cement capped street cuts for the last three years. ADOPTED. No. 159 By: Mr. Fahey Ordinance Amendment New Chapter 343 - Promoting the General Welfare of Minors in Public Places The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That a new Chapter 343 entitled "Promoting the General Welfare of Minors in Public Places," with Sections and Section Headings to read as follows: Chapter 343 Promoting the General Welfare of Minors in Public Places Sec. 343.1 Prohibited Acts Sec. 343.2 Parental Responsibility Sec. 343.3 Definitions Sec. 343.4 Ordinance Exceptions Sec. 343.5 Enforcement Sec. 343.6 Penalties 343.1 Prohibited Act Subject to the exceptions set forth in Section 343.4 of this chapter, it shall be unlawful for any minor sixteen (16) years of age or younger to congregate, loiter, wander or play in or upon any public place, between the hours of 11:00 P.M. and 5:00 A.M. of the following day, official city time, except on weekends, when such restricted hours shall be from 12:00 Midnight on Friday and Saturday to 5:00 A.M. of the following day. 343.2 Parental Responsibility Subject to the exceptions set forth in Section 343.4 of this chapter, it shall be unlawful for the parent or guardian of any minor sixteen (16) years of age or younger to knowingly or negligently by insufficient control allow such minor to congregate, loiter, wander, or play in or upon any public place, between the hours of 11:00 P.M. and 5:00 A.M. of the following day, official city time, except on weekends, when such restricted hours shall be from 12:00 Midnight on Friday and Saturday to 5:00 A.M. of the following day. 343.3 Definitions a) Direct Route - The shortest path of travel through a public place to reach a final destination, without any detour or stop. b) Adult Supervised - Adult persons are present at the activity and the adult persons take full responsibility for the minor. c) Adult Sponsored - Adult persons underwrite or promote an activity and the adult persons take responsibility for the minor. d) Accompanied - To go along with or be associated with under individualized supervision. e) Parent - A natural parent, adoptive parent, stepparent or another person, or other adult person having the lawful care and custody of the minor. f) Emergency Errand - An unforeseen combination of circumstances or the resulting state that requires immediate action by the minor to prevent serious bodily injury or loss of life. g) Public Place - Any place to which the public or a substantial group of the public has access and includes, but is not limited to, highways, streets, alleys, parks, playgrounds, shops, shopping plazas, transportation facilities, vacant lots, hospitals, and public buildings. h) Guardian - A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a Court. i) Adult - Any person eighteen (18) years of age or older. j) Sixteen Years of Age or Younger - Any person younger than seventeen (17) years of age. 343.4 Exceptions a) When the minor is on the sidewalk abutting the minor's residency, and either next door neighbor has not communicated an objection to a police officer. b) When the minor is travelling in a direct route to his or her residency from employment and carries a signed statement from the employer briefly identifying the minor, the address of the minor's residency, the address of the minor's place of employment, the name and title of the minor's employer who signed the statement, and minor's hours of employment. c) When the minor is travelling in a direct route to his or her residency from an adult supervised or adult sponsored religious, school, civic, not-for-profit, recreational or entertainment activity or adult supervised or sponsored organized dance. d) When the minor is accompanied by his or her parent or guardian. e) When the minor is accompanied by an adult authorized by the parent or guardian of the minor. f) When the minor is in a motor vehicle with parental or guardian consent for normal travel, and interstate travel beginning or ending in the City of Buffalo is excepted. g) When the minor is upon an emergency errand. h) When the minor is attending or travelling in a direct route to or from an activity involving the exercise of First Amendment Rights protected by the United States Constitution. 343.5 Enforcement Following strictly the applicable provisions of the Family Court Act, Police Officers and Buffalo Municipal Housing Authority Peace Officers are hereby authorized to take into custody any minor who shall violate the provisions of this Chapter. 343.6 Penalties A parent or guardian who violates this Chapter shall: upon the first violation, be issued a warning citation; upon the second violation, be subject to a fine of not more than Twenty Five Dollars ($25.00); upon the third violation, be subject to a fine of not more than One Hundred Dollars ($100.00); upon the fourth violation and every offense thereafter be subject to a fine of not more than Two Hundred Dollars ($200.00). Section 2. Sunset Provision This curfew ordinance shall expire twelve months after its effective date unless enacted again by the Common Council. Section 3. Effective Date This curfew ordinance shall take effect January 1, 1994. Approved as to form Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. No. 160 By: Mr. Fahey Excusing Mr. Franczyk From Council Meeting Whereas: David A. Franczyk will be out of town on November 3, 1993; and Whereas: He will be unable to attend the Common Council Meeting of that date; and Whereas: He is making a formal request to be excused; Now, Therefore It Be Resolved: That Council Member David A. Franczyk be excused from the November 3, 1993 Common Council Meeting. ADOPTED. No. 161 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. Debra J. Dycha Claim for personal property inadvertently taken by Street Sanitation workers. $99.00 2. J & J. Associates Claim for loss of garbage cans. $40.00 3. Tina L. James Claim for loss of garbage can. $10.00 4. Vernita Jones Claim for loss of can. $8.00 5. Nicolina Mannella Claim for loss of garbage can. $10.00 6. Howard P. Martin Claim for loss of garbage can. $10.00 7. Marie Nigro Claim for prior fiscal year dental in lieu of payment for December 1991 to May 1992 $ 90.00 8. Matthew J. Serwacki Claim for loss of garbage cans. $17.00 9. Sisters Diagnostic Imaging Prior fiscal year Invoice for services rendered to Firefighter, Antonio Virella. $19.88 10. Sandra C. Wallace Claim for headlight on vehicle broken from asphalt thrown from City pothole repair vehicle. $7.53 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 12 NOES- 0. No. 162 By: Mrs. LoTempio Ordinance Amendment Chapter 144 The Common Council of the City of Buffalo does hereby ordain as follows: That a new subdivision be added to Code of the City of Buffalo, to read as follows: ARTICLE III LANDSCAPING CONTRACTOR 144-15. Definitions. Landscaper - Any person providing services of planting, trimming or cutting of bushes, shrubs, flowers, vegetables, trees or grass for which a contract or agreement has been established on other than his own property. A landscape contractor constructs, maintains, repairs, installs, or subcontracts the development of landscaping systems and facilities for public and private gardens and other areas which are designed to aesthetically, architecturally, horticulturally, or functionally improve the grounds within or surrounding a structure or a track or plot of land. In connection therewith, a landscape contractor prepares and grades plots and areas of land for the installation of any architectural, horticultural and decorative treatment or arrangement. Landscape Material - All grass, weeds, brush, leaves, flowers, in diameter up to 6" in diameter and small stumps not to exceed 12" Person - Any individual , firm, partnership, sub-contractor, association or corporation. Private Property - All real property, improved or unimproved, owned by any municipal corporation, person, or otherwise and which is not included in the definitions of "public highway" and "public place". Public Highway - Any street open to the public for its full width from property line to property line, including the sidewalk area, whether or not installed. Public Place - All real property available to or open to use by all residents of the City of Buffalo. 144-16. License Required. No person who is a landscaper, shall conduct any such activities, or remove any landscape material of any kind from the premises of any person, or transport the same through or upon any street, avenue, parkway road boulevard, or highway within the City of Buffalo, unless they shall have first obtained a license from the Director of Licenses, and shall have agreed to conform to the provisions of this chapter. 144-17. Application Procedure. All landscapers shall apply to the Director of Licenses for a license upon forms to be furnished by said Director. In addition to the license, a vehicle certification for each motor vehicle including trailers, in excess of one, are to be used in furtherance of the landscape business. The license application shall specify the following: a. Name, address and telephone number of the landscaper. b. Name, address and telephone number of each principal partner or corporate officer of the landscaper. c. Make, serial number, license number and load capacity of each motor vehicle, including trailers to be utilized by the landscaper for which a vehicle certificate shall be issued. Certificates for motor vehicles shall be placed on the center top of windshield in line with rear view mirror. Certificates for trailers, shall be placed on the tongue or hitch. The vehicle certificate shall be unobstructed and readable from a distance of not less than 10 feet. A substitute or replacement certificate shall be issued upon the payment of a fee for each replacement upon the filing of an affidavit or such other proof as may be required by the Division of Licenses. 144-18. Insurance The applicant shall furnish a certificate from an insurance company licensed to do business in the State of New York, evidencing motor vehicle liability insurance coverage meeting the requirements of the State of New York and containing a ten-day-notice-of- cancellation clause directed to the Division of Licenses, before any license hereunder shall be issued. 144-19. Regulation of Landscaper Services Landscape material for disposal in the City of Buffalo shall not contain any foreign objects such as stone, brick, concrete, plastic or metal. Burning of landscape material is prohibited. All landscape material shall be removed from the serviced property by the landscaper and be transported to the City of Buffalo Composting Facility for disposal or composted at the landscaper's facility except as herein provided. The placing of landscape material on public highways, public places or private property is prohibited. 144-20. Enforcement This article shall be enforced by the Division of Licenses, and the City of Buffalo Police Officer or Code Enforcement Official and such other departments or persons as may be designated by the Director of Licenses. 144-21. Suspension and revocation of license; hearings. All persons holding a license as a landscaper contractor shall be subject to the rules and proceedings contained in 144-9 relating to suspension and revocation of licenses and to the procedures contained in 144-10 relating to hearings and decisions on charges arising from complaints or improper conduct. In addition to a license revocation by the City of Buffalo a violation of any provisions of this chapter by a person shall be deemed an offense punishable by a fine not to exceed Fifteen Hundred ($1500.00) Dollars or imprisonment for a period not to exceed fifteen (15) days, or both. 144-22. Expiration of License Each license and vehicle certificate shall expire on the first day of April in each year. No license or vehicle certificate issued under this Chapter shall be transferrable or assigned or used by any person other than the one to who it is issued. 144-23. License and renewal fees. Fees for license as a landscaper contractor, and for any renewal thereof, shall be as provided in Chapter 175, Fees. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 163 By: Mrs. LoTempio Ordinance Amendment Chapter 144 Of Chapter 175-Fees The Common Council of the City of Buffalo does hereby ordain as follows: That the fees of Chapter 144-15 of Chapter 175, landscaping contractor license, be amended to read as follows: Landscaper Contractor $100.00 Vehicle Certificate $ 10.00 APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. No. 164 By: Mrs. LoTempio Ordinance Amendment Chapter 441 - Telephone Booths The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 441 of the Code of the City of Buffalo be amended to read as follows: [TELEPHONE BOOTHS] TELEPHONE FACILITIES S 441-1. Compliance required. S 441-2. [Permits] Licenses; conditions. S 441-1. Compliance required. It shall be unlawful to place, maintain (and] or operate on the streets, public grounds or on the city right-of-way [such) public or private telephone facilities except as hereinafter permitted and in accordance with the regulations hereinafter set forth. S 441-2. [Permits) Licenses; conditions. The Director of Licenses may issue a license to place and maintain coin-operated [telephones and telephone booths] facilities containing coin-operated telephones in the city right-of-way, including the air space of, and, within the sidewalk space of the streets or at public places in the city upon the following conditions: A. No [booth] telephone facility may be placed or maintained in any district zoned R1 or R2, nor shall a [permit] license be issued for placement of any such [booth] facility on a street in an R District unless written consent of the owners of all property fronting on both sides of such street [is filed with the application for the placement of said booth] for a distance of four hundred (400) feet on each side of the proposed location is filed with the application for the placement of said facility. B. Such outdoor telephone [booth] facility shall be approved as to design and color by the [Director of Licenses and Permits] Division of Engineering. No [booth] facility shall have any lettering, pictorial matter or advertising material display thereon or attached thereto other than the word ["telephones") "telephone(s)" in letters three (3) inches high [directly below the roof on four (4) sides]. [The dimensions of any booth shall not exceed thirty-six (36) inches on each side and ninety (90) inches in height.] Such [booth] facility shall be constructed in accordance with specifications approved by the [Director of Licenses and Permits] Division of Engineering, including the requirement that each [booth shall be firmly bolted to a concrete base at all four (4) corners] facility shall post the phone owner's name and the P.S.C. required complaint telephone number, and each [booth] facility shall contain a coin-operated telephone(s) in good working order with an instruction card (s), a shelf and a directory(ies)[.] and/or a toll free information number(s). C. A survey, certified by a New York State licensed surveyor of the location of a proposed [booth] facility and a description of the necessary wiring [and] at such location and placement must be approved by the Commissioner of Public Works before the issuance of a [permit] license, which is to be approved by the Director of Licenses and Permits. The annual [permit] license fee shall be as provided in Chapter 175, Fees, and such (permit) license shall expire on January 1 of each year. The Director of Licenses and Permits may revoke any such [permit] license at any time for a violation of any ordinance or regulation pertaining to the maintenance of said [booth) facility. It shall be the duty of the [permittee], licensee or owner of the [booth] facility, upon five (5) days written notice from the Director of Licenses and Permits to said [permittee] licensee or owner, to immediately remove such [booth] facility and equipment and replace the street or public place in a safe condition as approved by the Commissioner of Public Works. D. [Each such telephone or telephone booth location permit granted hereafter shall be charged an annual fee as provided in Chapter 175, Fees.) An annual fee, as provided in Chapter 175, Fees, shall be charged per each telephone installed within a telephone facility for which a license has been granted pursuant hereto. E. No [booth] facility, or any portion thereof, shall be placed closer than eighteen (18) inches to the curb. F. No [permit] license shall be issued for the placement of a [booth] facility in a park or parkway without prior approval of the Commissioner of Parks. G. No [booth] facility shall be placed or used on or in any street or public ground in such a manner as to obstruct or interfere with any owner's easement of access to any premises abutting upon or near the location of such [booth] facility, nor shall any such [booth] facility or the wiring or appurtenances attached thereto be permitted to become or be a nuisance or hazard to users of the public streets and public grounds or permitted to obstruct the vision of motorists at street intersections. H. Each [booth] facility shall be maintained in a safe and [cleanly] clean condition and manner, and the telephone installation(s) attached thereto shall be kept in a workable condition. I. Any [permit] license granted hereunder shall be according to an established form and shall be regularly numbered and duly registered and shall state the number of telephones authorized at a facility, and contain such conditions as are reasonable and proper, including conditions with respect to removal of such [booth] facility, or any telephone attached thereto. These [permits] licenses shall continue in effect until revoked by the Director of Licenses and Permits. J. [The annual fee charged each location license shall be paid notwithstanding collection by the city of any standard public telephone commission due as a result of revenues derived from said public telephone.] No license shall be issued nor any telephone facility installed until the licensee as a prior condition to the issuance of an license hereunder, enters into an agreement with the city of Buffalo providing for, among other things, provisions for payment of commissions by the licensed to the city, and provisions for liability insurance for the protection of the city, indemnifying and holding the city harmless from and against any loss, liability, damage, expense, claim, lien, proceeding or action arising out of or caused by the licensing, placement, location, operation, use, construction and removal of any such outdoor telephone facility, attachments or appurtenances thereto. [K. No permit shall be issued nor any booth placed until the permittee, as a prior condition to the issuance of any permit hereunder, files with the Comptroller its written undertaking to indemnify and save harmless the city against and from any loss of liability, damage, expense, claim, lien, proceeding or action arising out of or caused by the permitting, placement, location, operation, use and construction of any such outdoor booth or facilities, attachments or appurtenances thereto, such indemnification to cover and apply to every such booth placed or permitted in the city and to continue in effect until canceled by the city. Such undertaking shall provide for indemnity to the city for any damage to its streets or public grounds or public buildings by reason of the placement or removal of such booths.] APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 165 By: Mrs. LoTempio Ordinance Amendment Chapter 441 Of Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 441, Telephone Booths of Chapter 175, Fees, of the Code of the City of Buffalo, be amended to read as follows: Chapter 441, Telephone [Booths] Facilities 441-2, [permits) licenses Annual [permit] license granted $131.25 after July 1, 1989, for each telephone [or telephone booth] per facility location APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 166 By: Mrs. LoTempio, Messrs. Zuchlewski and Fahey Future of Animal Control Employees Whereas: The City of Buffalo is in the process of relinquishing its responsibility of the dog pound and the duties involved within its operation; and Whereas: The 1993-94 city budget calls for the funding of 14 employees in the Division of Vermin and Animal Control; and Whereas: The elimination of the dog pound begs the question of the future of the employees that are assigned to this division; and Whereas: The deployment of these employees is the responsibility of the Commissioner of Streets; Now, Therefore Be It Resolved: That the Commissioner of Streets, the leadership of Local 264 and this Council meet to determine the future placement of those city employees displaced by the elimination of the dog pound. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 167 By: Mrs. LoTempio And Mr. Fahey Draft Local Law To Remove Animal Shelter Duties From Article 15 Section 292 Chapter 83 Of City Charter Whereas: Section 292 Article 15 Chapter 83 of the City Charter gives the Commissioner of Streets Sanitation the duty of operating the animal shelter; and Whereas: The Common Council Finance Committee and the Animal Shelter Advisory Board has recommended that the animal shelter and all related responsibilities be place in the hands of those whose expertise pertains to the area of animal control and the humane care and treatment of surrendered or stray animals; and Whereas: It is in the best interest of the citizens of Buffalo that the animal shelter be in the hands of professionals whose expertise is in the field of small animals and Whereas: This Council and a City task force is awaiting a opinion from the Corporation Counsel on the ability of the City of Buffalo to enter into an agreement with the SPCA to contract animal care service for no more than three years and Whereas: Amending the City charter in respect to the duties and powers of the Commissioner of Streets is necessary to cause immediate and long range plans for the seizure impounding and sale of small animals in and for the City of Buffalo; and Now Therefore Be It Resolved: That the Corporation draft a local law that will remove all duties of the dog pound and animal control responsibilities of the Commissioner of Streets from Article 15 Section 292 Chapter 83 from the Charter of the City of Buffalo ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 168 By: Mrs. LoTempio, Messrs. Fahey and Zuchlewski Request for Proposal From Department of Public Works Whereas: The City of Buffalo's Animal Shelter located at 1250 Niagara Street is inadequate to efficiently house and provide proper care and treatment for homeless and stray animals; and Whereas: Citizens of the city of Buffalo, the Animal Shelter Advisory Board, and Animal rights organizations have expressed concern regarding the care of the animals and the condition of the Animal Shelter; and Whereas: This warehouse setting provides an oppressive environment for both the staff and animals; and Whereas: The SPCA has put forth a proposal for temporary care of stray animals for a period not to exceed 36 months; and Now Therefore Be It Resolved That: This Common Council request that the Department of Public Works prepare a Request For Proposal for independent, private operation of an animal shelter in the city of Buffalo, and Be It Further Resolved That: The Request For Proposal conform with the recommendations and guidelines of the Humane Society of the United States. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 169 By: Mrs. LoTempio and Mr. Fahey City Enter into Agreement with SPCA Whereas: The City of Buffalo has Charter mandated responsibility for the care, kenneling, feeding and disposal of stray dogs arid cats; and Whereas: The Common Council has, for the last few years, been debating the issue of whether city government should be in the business of animal care; and Whereas: A recommendation has been made by the Animal Shelter Advisory Board and Finance Committee for the city to enter into an agreement with the SPCA for the sole purpose of the temporary care and adoption of dogs and cats picked up or surrendered within the limits of the City of Buffalo, and Whereas: This agreement would be in effect for a maximum of three years or until the city makes a determination on the question of animal control; Now, Therefore Be It Resolved: That the Corporation Counsel report back to this Council by its next scheduled meeting with respect to the process for the City of Buffalo to enter into an agreement with the SPCA for the performance of all duties required for the proper care and adoption of all dogs and cats surrendered within the city limits. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 170 By: Mr. Perla Community Meeting to Discuss Walgreens Pharmacy Construction Plans at 650 Delaware Ave. Whereas: Walgreens Pharmacy plans to construct a new store on the present site occupied by Howard Johnson's restaurant as part of a multiple store expansion effort in Western New York; and Whereas: The anticipated location for construction of a Walgreens Pharmacy at 650 Delaware Ave. is located in the Allentown Preservation District and is pending approval by the City Preservation Board and Whereas: Area residents, community organizations and local preservationists have expressed concerns that the intended building design be consistent with the special character of the Allentown Historic Preservation District; and Whereas: This project presents an opportunity for the Walgreens' organization to make a positive contribution to the vibrancy of this historic area; and Whereas: Organizing a community meeting for the purpose of discussing Walgreens Pharmacy's construction plans at 650 Delaware Ave. would provide area residents a forum to voice concerns and also provide developers with an opportunity to present intended construction plans in detail. Now, Therefore Be It Resolved That: This Common Council requests a Community Meeting be held on Wednesday, November 10, 1993 at 6:30 P.M. in Common Council Chambers to discuss Walgreens Pharmacy's construction plans at 650 Delaware Ave. ADOPTED. No. 171 By: Mr. Perla Establish a Task Force To Identify Additional Locations to Administer The Hypodermic Syringe and Needle Exchange Program (NEP) Whereas: A needle exchange program designed to be a harm reduction effort to control the spread of AIDS among intravenous drug users by offering them clean needles to deter the community use of contaminated syringes will be offered in the City of Buffalo for the first time; and Whereas: Buffalo Columbus Hospital is the only location ready to administer the (NEP) in an effort to service areas known for high occurrences of injection type drug abuse within the lower West Side and East Side of the city; and Whereas: The needle exchange program is a controversial issue with pressing questions regarding operational procedures, eligibility and the adverse effects the program will have on the community it's deployed in; and Whereas: Community residents argue that the Needle Exchange Program's true purpose, to curb the AIDS virus on the streets would be overshadowed by the threat of illegal drug activity associated with groups of drug users congregating in the area the programs offered; and Whereas: A task force commissioned to address inherent problems as well as identifying additional areas to administer the Needle Exchange Program along with Buffalo Columbus Hospital would reduce the saturation and exposer to any particular community site and also would offer a more accessible operation to support The Hypodermic Syringe and Needle Exchange Program goals and objectives. Now, Therefore Be It Resolved That: This Common Council commissions a Task Force for the purpose of addressing problems. Be It Further Resolved That: The New York State Department of Health, the Erie County Health Department and Buffalo Columbus Hospital join this Common Council in appointing individuals to serve on this Task Force for a collective effort to address this important issue facing Western New York. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 172 By: Mr. Pitts Salary Ordinance Amendment 24 - Department Of Inspections and Community Revitalization 01 - Division of Housing and Property Inspection The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 24-01 Department of Inspections and Community Revitalization - Division of Housing and Property Inspection, is hereby amended to read the inclusion of: 1 Chief Examiner of Stationary Engineers $36,842 - 43,495 We, Joseph V. Schollard, Commissioner of Inspections and Community Revitalization and Richard Planavsky, Commissioner of Administration and Finance, hereby certify that the addition of one (1) Chief Examiner of Stationary Engineers is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission will be considering approval and certification of the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS- 11. NOES- ZUCHLEWSKI- 1. No. 173 By: Mr. Pitts Salary Ordinance Amendment 70-0 Department of Street Sanitation 011 - Collection of Refuse & Street Cleaning The Common Council of the City of Buffalo do ordain as follows: That parts of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 70-0 Department of Street Sanitation, under the subheading "011 - Collection of Refuse & Street Cleaning" which reads: 47 Laborer II (Daily) $ 78.59 - $ 89.62 30 Sanitation Worker 20,940 - 23,362 52 Laborer II (Hourly) 9.38 - 10.67 is hereby amended to read: 46 Laborer II (Daily) $ 78.59 - $ 89.62 29 Sanitation Worker 20,940 - 23,362 54 Laborer II (Hourly) 9.38 - 10.67 We, Bart Sumbrum, Commissioner of Street Sanitation and Richard Planavsky, Commissioner of Administration and Finance hereby certify that the elimination of one (1) Laborer II (Daily) and one (1) Sanitation Worker and the creation of two (2) Laborer II (Hourly) positions is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That personnel requisitions incident to the creation of the above-mentioned positions, containing statements of the duties of said positions, have been filed with the Municipal Civil Service Commission, and said Commission will be considering approval and certification of the position titles set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed positions. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 174 By: Mr. Pitts Salary Ordinance Amendment 40 - Department of Public Works 40-1 Division of Engineering 014 - Construction of Streets The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 40-1 Division of Engineering, under the subheading "014 - Construction of Streets" which reads: 2 Junior Engineer $26,410- $30,852 1 Engineering Aide 21,197- 23,938 is hereby amended to read: 1 Junior Engineer $26,410- $30,852 0 Engineering Aide 21,197- 23,938 2 Senior Engineering Aide 23,634- 28,159 We, Robert A. O'Hara, Commissioner of Public Works and Richard Planavsky, Commissioner of Administration and Finance, hereby certify that the elimination of one (1) Junior Engineer and one (1) Engineering Aide together with the creation of two (2) Senior Engineering Aides as set forth above is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. That personnel requisitions incident to the creation of the above-mentioned positions, containing statements of the duties for such positions, have been filed with the Municipal Civil Service Commission, and said Commission will be considering approval and certification of the position titles set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed positions. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 175 By: Mr. Pitts Salary Ordinance Amendment Various Departments The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to various departments listed below, is hereby amended as follows: (Note: Old salaries are in brackets) 06 - Administration and Finance 06-4 Parking Enforcement 013 Parking Meters & Enforcement 16 Parking Enforcement Officer [$19,258 - $21,344] $20,762 - $22,994 70 - Street Sanitation 011 - Collection of Refuse & Street Cleaning 19 Supervisor of Street Sanitation I [$22,586 - $25,517] $24,103 - $27,500 98 - Department of Water 012 - Filtration Plant 5 Assistant Filtration Plaint Operator [$21,748 - $24,443] $22,152 - $24,982 4 Filtration Plant Operator [$23,506 - $26,765] $24,691 - $28,358 We, Richard Planavsky, Commissioner of Administration and Finance, Bart Sumbrum, Commissioner of Street Sanitation and Robert A. O'Hara, Commissioner of Public Works recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing Ordinance. We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 176 By: Mr. Pitts Salary Ordinance Amendment 21 - Department of Fire The Common Council of the City of Buffalo do ordain as follows: That Section 1 of Chapter 35 of the Ordinances of the C ity of Buffalo, relating to 21-0 Department of Fire, under the various subheadings relating to positions listed below is hereby amended as follows: (NOTE: Old salaries are in brackets) This ordinance shall be effective retroactive to July 1, 1993. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, James D. Griffin, Mayor and Paul S. Shanks, Commissioner of Fire each recommends, with respect to the positions set forth in the foregoing ordinance to which he has the power of appointment, and the Commissioner of Administration and Finance recommends that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that considering the determination of the public arbitration panel and contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 12 NOES- 0. No. 177 By: Mr. Pitts Ordinance Amendment Section 9 of Chapter 35 Salary and Wage Schedule "D" 1993-94 The Common Council of the City of Buffalo does hereby ordain as follows: That part of Subdivision (a) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo relating to Schedule "D" is hereby amended to read as follows on the attached schedule: and That the attached Schedule "D" shall be effective retroactive to July 1, 1993. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 178 By: Mr. Pitts Salary Ordinance Amendment Department of Water Pipecaulkers and Compressormen Teamster's Local 264 1993-94 The Common Council of the City of Buffalo does hereby ordain as follows: That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to the Department of Water, relating to positions covered by the Pipecaulkers and Compressormen Teamster's Local No. 264 bargaining agreement, is hereby amended to read as follows: (Note: Old salaries are in brackets This ordinance shall be effective retroactive to July 1, 1993. We, Robert A. O'Hara, Commissioner of Public Works and Richard Planavsky, Commissioner of Administration and Finance recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 179 By: Mr. Pitts Ordinance Amendment Section 9 of Chapter 35 Salary and Wage Schedule "G" Pipecaulker's and Compressormen Teamster's Local No. 264 1993-94 and 1994-95 The Common Council of the City of Buffalo does hereby ordain as follows: That part of Subdivision (a) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo relating to Salary and Wage Schedule "G", Pipecaulker's and Compressormen Teamster's Local No. 264, is hereby amended to read as follows on the attached schedules: and That the salaries shall take effect as of the effective dates on the attached schedules. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 180 By: Mr. Pitts HOME Funding for 220 Delaware Avenue Jackson Building Whereas, the Buffalo Urban Renewal Agency has approved the allocation of $400,000, in U.S. Department of Housing and Urban Development HOME Rental Rehabilitation program funding to support the conversion of 220 Delaware Avenue by Jacobi Development.; and Whereas, this conversion will result in the adaptive re-use of an existing retail/commercial building into retail/commercial and residential uses, consistent with the City's priority of assisting in downtown residential projects; and Whereas, the Jackson Building project will include renovation of 127,240 sq. ft. of space, including 54 residential units, on floors 4-6, with project costs totalling $6,975 million; and Whereas, the HOME funding will assist the development of 11 affordable residential units, in addition to the 43 market rate units; and Whereas, City participation is made with the understanding the City and Jacobi Development will negotiate mutually acceptable terms for use of the 107 car surface parking lot on the southeast corner of Elmwood and Chippewa, to facilitate development of 210 Delaware Avenue. Now, Therefore, Be It Resolved, that the City of Buffalo Department of Community Development, requests, and permission is hereby granted by the Common Council, for use of the HOME funding as described above. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 181 By: Mr. Pitts TCI-Bell Atlantic Merger - Impact on Buffalo Whereas: TCI and Bell Atlantic recently announced plans to carry out the largest single business merger in corporate history; and Whereas: Providing that the merger receives the necessary governmental approvals, it will bring together TCI, the nation's largest cable TV operator with 1,200 cable systems in 49 states, and Bell Atlantic, which has some 13 million phone and cellular customers in the Eastern United States; and Whereas: This merger could have earth-shaking consequences for cable systems throughout the nation, particularly for TCI of New York, which operates in the City of Buffalo; and Whereas: In the recent past, cable subscribers in Buffalo have been highly critical of TCI operations, including numerous significant rate increases and confusing channel changes; and Whereas: Although this $33 billion dollar merger could expand cable services, if recent developments with TCI are any indication, it will likely mean an onslaught of pay-per-view movie channels; and Whereas: There is already concern that the needs and desires of the City of Buffalo are being lost in the vast TCI empire, as evidenced by TCI's failure to respond to a draft franchise agreement that the city submitted several months ago; and Whereas: Local TCI management has been unable to answer consequential questions regarding these and other important issues that will have far-reaching impact upon the future of telecommunications in Buffalo; and Whereas: With TCI on the verge of becoming part of an even more leviathan conglomerate, there is much anxiety that the future relationship with the cable provider will be even more distant and obfuscated; and Whereas: This merger, combined with the ongoing re-franchising process in Buffalo and the recently enacted federal cable regulations, makes it essential that we bring in the corporate leadership of TCI to provide some clear, direct and authoritative responses regarding the future of cable TV in the City of Buffalo. Now, Therefore Be It Resolved: That TCI be invited to attend a Special CATV Committee public hearing to explain the potential impact of the TCI-Bell Atlantic merger on the City of Buffalo; and Be It Further Resolved: That the hearing be scheduled so that John Malone, President and Chief Executive Officer of TCI, can be in attendance, and that representatives from the Federal Communications Commission, the U.S. Justice Department and the New York State Commission on Cable Television also be invited; and Be It Finally Resolved: That this honorable body authorize the preparation of a Request For Proposals to solicit new companies to operate cable TV systems in the City of Buffalo. ADOPTED. No. 182 By: Mr. Pitts Hearing on "Spice" Channel Whereas: TCI of New York has announced plans to launch a new pay-per-view service on channel 61 beginning November 8, 1993; and Whereas: Called "Spice," this new service will offer sexually explicit programming not currently available; and Whereas: In the recent past when local cable subscribers have demanded new educational programming and other quality services, TCI has claimed that it lacks the channel capacity to add new programs; and Whereas: Nevertheless, TCI has continued to add new pay-per-view services which are very profitable and are not covered by the Federal Communication Commission's rate regulations; and Whereas: The addition of "Spice" would give the cable system four pay-per-view channels as well as two pay-per-view promotional channels; and Whereas: This action appears to be a crass, greedy effort by the cable company to reap huge profits without considering the true needs and desires of the community; and Whereas: Although this R-rated service is only to be made available to subscribers who specifically order it, many subscribers are concerned about unauthorized access to "Spice," video and audio images coming through the scrambling, and the advertising and promotion of TCI's adult programming services on other cable channels; and Whereas: TCI previously provided a similar service, the Playboy Channel, several years ago but removed it because of community objections and poor subscriber response; and Whereas: "Spice" is clearly a questionable service that only a minute percentage of cable subscribers will choose to receive at any time, and a very poor use of the existing channel capacity; Now, Therefore Be It Resolved: That this Common Council request that TCI of New York provide a copy of the survey and data used to justify the addition of "Spice" to the cable system; and Be It Further Resolved: That this Honorable Body schedule a public hearing in the Common Council Chambers at 7:00 PM on Tuesday, November 9, 1993 on the addition of "Spice" to the cable system. ADOPTED. No. 183 By: Mr. Pitts Cornerstone Research & Marketing Agreement To Do Needs Assessment For City of Buffalo Whereas: The City of Buffalo is in the process of negotiating a new franchise agreement with TCI of New York since the current contract expires in February 1994; and Whereas: As part of that process the city must conduct a needs assessment to support the City's franchise renewal process; and Whereas: This process will be conducted consistent with the federal laws and guidelines local governmental municipalities would have to follow which would include: 1. Survey national activities and develop a report that supports the City's efforts to secure the best, state-of-the-art cable system package available at the most reasonable rates for subscribers. 2. Identify potential cable television system users in Buffalo including individuals, special interest groups, social service and government agencies and institutions, and assess their needs for future communication system services 3. Identify facilities and equipment for public, educational, government and institutional user access consistent with the Cable Communications Policy Act of 1984 and Cable Consumer Protection and Competition Act of 1992. 4. Develop and document in clear, layman's terms, a comprehensive work product that defines what the citizens will need and expect in the way of cable services over the next twenty five years; and Whereas: The Committee on CATV has interviewed numerous companies with outstanding qualities with respect to identifying the best company; Now, Therefore, Be It Resolved: The City of Buffalo Committee on CATV recommends that the Council approved Cornerstone Research Marketing Inc. as the designated company to do the community needs assessment; and Be It Further Resolved That: The City Clerk prepare a city service contract agreement with Cornerstone Research Marketing Inc. accordance with the guideline recommendations set the CATV Cable Committee. ADOPTED. No. 184 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 Monsignor Leon M. Neu By Councilmember Arthur Felicitation for Council 19 of the Polish National Alliance By Councilmember Franczyk ADOPTED. No. 185 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, NOV 9, 1993 9:30 AM Finance Tuesday, NOV 9, 1993 Immediately Following Civil Service Legislation Tuesday, NOV 9, 1993 2:00 PM Economic Dev Wednesday, NOV 10, 1993, 10:00 AM No. 186 Adjournment On a motion by Mr. Fahey, Seconded Mrs. LoTempio the Council adjourned at 3:05 P.M. Charles L. Michaux, III City Clerk Meeting Reported By Leonard G. Sciolino, Council and Committee Reporter.