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Home My WebLink About95-0905 No. 16 Common Council Proceedings of the City of Buffalo Regular Meeting, September 5, 1995 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER James W. Pitts COUNCILMEMBERS-AT-LARGE Clifford Bell James W. Pitts Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware Barbara Miller-Williams - Ellicott David A. Franczyk Fillmore David J. Czajka Lovejoy David A. Collins Masten Carl A. PerIa Jr. Niagara Dale Zuchlewski North Bonnie K. Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : Rosemarie LoTempio, Chairman, George K. Arthur, Alfred T. Coppola, Kevin J. Helfer, James W. Pitts, Members CLAIMS COMMITTEE : David A. Franczyk, Chairman, David J. Czajka, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski, Members ECONOMIC DEVELOPMENT COMMITTEE: Carl A. Perla, Jr. Chairman, Clifford Bell, David Collins, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. FINANCE COMMITTEE: David A. Collins, Chairman, Clifford Bell, David A. Franczyk, Kevin J. Helfer, Barbara Miller-Williams, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Kevin J. Helfer, James W. Pitts, Members URBAN RENEWAL: Clifford Bell, Chairman, Alfred T. Coppola, David J. Czajka, David A. Franczyk, Kevin J. Helfer, Members SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV: James W. Pitts, Chairman, George K. Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski. SPECIAL COMMITTEE ON EDUCATION: Dale Zuchlewski, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr. SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE: George K. Arthur, Chairman, Alfred T. Coppola, Kevin J. Helfer, Rosemarie LoTempio, James W. Pitts. ERIE BASIN MARNA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman; George K. Arthur, Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Clifford Bell, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin L. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr., Comptroller/Designee, Commissioner of Public Works/Designee, President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud Club. PARKS CONSERVANCY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee. GREENWAY TASK FORCE: Bonnie Kane-Lockwood, Chairman, James August, Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy, David P. Comerford, Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David Czajka Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle, Jay Burney, Mark Kubiniec, Yerby Dixon. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, September 5, 1995 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla, Pitts, Williams and Zuchlewski- 13. ABSENT- None. On a motion by Mr. Pitts, seconded by Mr. Bell, the minutes of the stated meeting held on July 25, 1995 were approved. FROM THE MAYOR No. 1 Appointment of Member to the Committee for the Aging Pursuant to the powers vested in me by Section 285.27 of Article 14A of the Charter of the City of Buffalo, I hereby appoint Roosevelt T. Johnson, residing at 792-1/2 Potomac Avenue, Buffalo, New York 14209, as a member of the Committee for the Aging. Mr. Johnson's term is effective immediately and will expire April 19, 1999. He is replacing Jeanne Mineo, who has resigned. Roosevelt Johnson has served as Account Executive with the Buffalo & Erie County Private Industry Council, Inc; a Crime Prevention Specialist with Erie County Sheriffs Department- Project Awareness Program and various positions in radio and' television. He is affiliated with numerous community organizations, such 'as Buffalo Area Chamber of Commerce; past board member of the N.A.A.C.P.; past union director of CWA-Local 1162. He has received many outstanding awards from the Mayors of Buffalo, and Erie County Executives. I hereby certify that the above named individual is fully qualified to serve as a member of the Committee for the Aging. RECEIVED AND FILED. No. 2 Appointment of Member to the Buffalo Sewer Authority Pursuant to the powers vested in me by Section 1177 of the Public Authorities: I hereby appoint, subject to confirmation by Your Honorable Body, John D. Kennedy, residing at 27, Arundel Road, Buffalo, New York 14216, as a member of the Buffalo Sewer Authority for a term expiring June 30, 1997. Mr. Kennedy will be filling the unexpired term of Edward J. Pawlik, who has resigned. Mr. Kennedy is currently serving his third term as President of U.A.W. Local 424. He is Chairman of the WNY CAP (Community Action Program) Council. John (Jack) Kennedy is also a member of the City of Buffalo Economic Development Zone Board and the New York State Excelsior Award Executive Committee (appointed by former New York State Governor Mario Cuomo) member of the House of Delegates- United Way. I hereby certify that the above named individual is fully qualified to serve as a member Buffalo Sewer Authority. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Appointment of Director of the Division for Employment and Training Pursuant to the powers invested in me under the Charter of the City of Buffalo, please be advised that I have appointed Ms. Colleen W. Cummings, 178 Lancaster Avenue, Buffalo, New York 14222, Director of the Division for Employment and Training. This appointment is effective immediately. Ms. Cummings has been employed in the Division for Employment and Training since 1976. From 1976-1985, Ms. Cummings worked in the Planning/Evaluation Unit of the Division. She served as the Supervisor of this Unit of approximately 15 employees from 1978-1985. Since 1985, Ms. Cummings has worked with the Planning Department of the Buffalo and Erie County Private Industry Council, Inc. During this time she specialized in the design and administration of Youth Education and Training Programs. She was also extensively involved in designing program performance analysis and evaluations methods. Over these years, Ms. Cummings has served on many boards and associations involved in job training issues. Ms. Cummings holds a Bachelor of Arts Degree in Psychology University of New York at Buffalo. She has received extensive continuing design, planning, administration and evaluation of job training programs along with training in supervision and management techniques. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO WATER BOARD No. 4 Meeting Notice Please be advised that there will be a Buffalo Municipal Water Finance Authority Board meeting on Thursday, August 3, 1995, at 9:00 a.m. in Room 502 City Hall. RECEIVED AND FILED. FROM THE COMPTROLLER No. 5 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $47,000 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, August 17, 1995 REFERRED TO THE COMMITTEE ON FINANCE No. 6 Certificate of Necessity Transfer of Funds Division of Budget and Management Division of Engineering We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $57,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: Dated: Buffalo, NY, August 17, 1995 RECEIVEDAND FILED No. 7 Interfund Loan Over the last six years, the City has provided interfund loans from the City General Fund to The Board and Enterprise Capital Projects Funds to implement financing of the capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a project and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 for Reconstruction of the Michigan Avenue Lift Bridge. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-401-024 BAN/Bond Sale $500,000 Mr. Pitts moved: That the communication from the Comptroller, dated August 30, 1995 be, received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the City General Fund to the City, Board and Enterprise Capital Projects Fund in the amount of $500,000 for Reconstruction of the Michigan Avenue Lift Bridge. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 8 Report of Audit Department of Assessment In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Assessment audit report for the period March 1, 1994 to May 31, 1995. REFERRED TO THE COMMITTEE ON FINANCE. No. 9 Lease of 493 Michigan Avenue Item #11, C.C.P. 1/10/95 In the above referenced item, the Comptroller's Office, Division of Real Estate, reported and recommended that Your Honorable Body approved a lease agreement between the City of Buffalo and Mr. Larry Hawkins for use of the above subject City-owned property. Apparently Item #11, C.C.P. 1/10/95 was misconstrued and the approving motion authorized the Comptroller to negotiate terms and conditions (which were already reported in said item) and report back to the Common Council. The item also advised Your Honorable Body that Mr. Hawkins lives in the adjoining property at 509 Michigan Avenue and has been leasing the property at 493 Michigan Avenue for storage of appliances, which he repairs. He wishes to expand his business and purchase 493 Michigan Avenue, however, the building is in need of immediate repair. Mr. Hawkins will invest his own funds to repair the building, providing, he is granted a two year lease with an option to buy. During the lease period Mr. Hawkins will begin making repairs and pursue financing to purchase the building and apply for the necessary permits to repair the building and operate his business. Therefore, in order to correct the above item, I am recommending that the following be approved by Your Honorable Body. 1. That the term of the lease will be for two years 2. That the lessee make necessary repairs to bring the property into code compliance, within six (6) months, at his own cost and expense. 3. That the lessee has the option to purchase the lease premises, as is, for Eight Thousand Dollars ($8,000). An appraisal of the property was conducted by Robert Jones, dated March 15, 1995. He has estimated the fair market value to be Eight Thousand Three Hundred Fifty Dollars ($8,350) 4. That the lessee will provide the City with an insurance policy holding the City harmless from liability against property damage and bodily injury, in an amount to be determined by the Corporation Counsel. I am further recommending that the Corporation Counsel prepare the necessary agreement upon the above stated terms and conditions and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 10 Result of Negotiations 144 Doat, 341' E Rawlins Vacant Lot Size: 31' x 100' Assessed Valuation: $2,500 Item #9, C.C.P. 5/2/95 In the above referenced item, Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Stephen J. Green of 148 Doat Street, Buffalo, New York 14211. Mr. Green intends to purchase this property for additional yard space. An independent appraisal of the property was conducted by Mr. Dennis R. Walker, Appraiser, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Seven Hundred Fifty Dollars ($750). This represents approximately Twenty-Four cents ($.24) a square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area, sales prices range from Twenty-Three cents ($.23) a square foot to Thirty-one cents ($.31) a square foot. The results of our negotiations are that Mr. Stephen Green has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750) for the vacant lot. This represents an offer of Twenty-Four cents ($.24) a square foot for the subject property. Mr. Green has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 144 Doat Street to Mr. Stephen Green in the amount of $750. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Result of Negotiations 1554 Genesee, 39.74' E. Bissel Vacant Lot: 39' x 116' Assessed Valuation: Land: $2,800 Total: $20,000 The Office of the Comptroller, Division of Real Estate, has received a request to purchase the above captioned property from Mr. Lawrence Charles, III. The property consists of a one-story masonry building consisting of approximately 3,300 square foot of gross floor area, which is in fair condition. The property was acquired by the City of Buffalo in 1992 through in-rem tax foreclosure. The property is currently vacant. Mr. Lawrence Charles, III intends to improve the property and establish the Wings of Love Missionary Baptist Church. The Church will provide a soup kitchen for the elderly and recreational center for youth after school and on weekends. Mr. Charles has provided this office with the necessary proof of his financial ability to make repairs at the property and complete the purchase. An independent appraisal of the property was conducted by Mr. Thomas Evege, Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated the fair market value of the property to be Fifty-Five Hundred Dollars ($5,500). This represents an appraised value of approximately One Dollar and Twenty Cents ($1.20) per square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales per square foot range from Eighty-Eight Cents (.88) to Three Dollars and Sixty Eight Cents ($3.68) a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Lawrence Charles, III, 145 Hastings Avenue, Buffalo, New York 14215, has agreed and is prepared to pay Fifty-Five Hundred Dollars ($5,500.00) for the subject property. He has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. There will be no search and survey provided to the purchaser. As a matter of disclosure, please be advised that Mr. Charles is an employee of the City of Buffalo, employed in the Division of Parking Enforcement. Mr. Charles has followed all the necessary procedures and provided all the required information to acquire the above property. I am recommending that Your Honorable Body approve the offer of Mr. Lawrence Charles in the amount of Fifty-Five Hundred Dollars ($5,500.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 12 Result of Negotiations 1256 Jefferson 30' S of Riley Lot Size: 56' x 100' Assess. Land: $1,300 Total: $5,600 1262 Jefferson, S Cor. Riley Vacant Lot: 30' x 100' Total Assess.: $2,250 Item 183, C.C.P. 10/18/94 In the above referenced item, Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale for the above captioned property with Bishop LeRoy Anderson, Church of God in Christ, 1st Jurisdiction Western New York, 1088 Delaware Avenue, Buffalo, New York 14209. The church intends to acquire this property, demolish it, and build its' headquarters convention center on the property. Please be advised that during the course of our negotiations for this property an additional vacant lot located at 1262 Jefferson Avenue was acquired by the City of Buffalo through In Rem Tax Foreclosure. The church has requested to acquire this lot in addition to the above mentioned parcel. An independent appraisal of the property was conducted by Mr. Thomas Evege, Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated the value of the property located at 1256 Jefferson Avenue to be Six Thousand Eight Hundred Dollars ($6,800). The Division of Real Estate concurs with the appraisers estimated value. The Division of Real Estate has estimated the value of the vacant lot located at 1262 Jefferson Avenue to be Seven Hundred ($700) which represent approximately Twenty-Three ($.23) a square foot. This is an average sale price per square foot of similar sales in the area. The results of our negotiations are that Bishop LeRoy Anderson on behalf of the Church of God in Christ, has agreed and is prepared to pay $6,800 for the building located at 1256 Jefferson Avenue and $700 for the vacant lot located at 1262 Jefferson Avenue. He has further agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 1256 Jefferson Avenue in the amount of $6,800 and the vacant lot located at 1262 Jefferson Avenue in the amount $700 to Bishop LeRoy Anderson, Church of God in Christ. 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. REFERRED TO THE COMMITTEE ON FINANCE. No. 13 Result of Negotiations 65 St. Louis, 662.02' N Walden Vacant Lot: 30' x 108' Assessed Valuation: $2,500 Item No. 29, C.C.P. 7/25/95 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Frankie and Doris Carter of 71 St. Louis Avenue, Buffalo, New York 14211, to purchase the above captioned City-owned property to construct a driveway and for extra yard space. An independent appraisal of the property was conducted by Mr. Tom Evege Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated the fair market value of the property to be Nine Hundred Dollars ($900.00). The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Twenty-Three Cents (.23) per square foot to Twenty-Eight Cents (.28) per square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Frankie and Doris Carter have agreed and are prepared to pay Nine Hundred Dollars ($900.00) for the subject property. They have also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 65 St. Louis to Frankie L. and Doris Carter, 71 St. Louis Street, Buffalo, New York 14211, in the amount of Nine Hundred Dollars ($900.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the Communication from the Comptroller dated, August 30, 1995, be received and filed; and That the Comptroller be, and he hereby is authorized to sell 65 St. Louis Street to Frankie and Doris Carter of 71 St. Louis Street, Buffalo, N.Y. 14211 for the amount of $900.00, subject to the following conditions: That Frankie and Doris Carter agree to pay the cost of the appraisal, recording fees, transfer tax and cost of the legal description; That the Corporation Counsel be, and hereby is, authorized to prepare the necessary documents for the transfer of title; and That the Mayor be authorized to execute the same. PASSED. Ayes- 13 NOES- 0. No. 14 Result of Negotiations 1363 Sycamore, 35.83' W Goodyear Vacant Lot: 34' x 127' Assessed Valuation: Land: $3,200 Total: $25,300 The Comptroller's Office, Division of Real Estate, has received a request from Ruth Johnson and Iris Kirkwood to purchase the above captioned property. The property consists of a vacant 2 1/2 story brick and frame structure, consisting of approximately 3,014 square feet of building area, containing two apartments and a store front. They intend to purchase and renovate the apartments and use the store front for a small business and have provided the Division of Real Estate with sufficient proof of financial ability to complete the repairs and purchase of the property. An independent appraisal of the property was conducted by Mr. Dennis Walker, Appraiser, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the value of the property to be Six Thousand Dollars ($6,000.00). This represents approximately One Dollar and Ninety-Nine Cents ($1.99) per square foot of gross building area. The results of our negotiations are that Ms. Ruth Johnson and Ms. Iris Kirkwood have offered One Thousand Dollars ($1,000) for the subject property. This represents approximately Thirty-Three Cents (.33) a square foot of gross building area. They have also offered to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body receive and file the offer of Ms. Ruth Johnson and Iris Kirkwood, since the offer is well below the appraised market value of the property and that a more reasonable offer can be obtained for the property. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Result of Negotiations 252 Watson, 330' S Peckham Vacant Lot Size: 30' x 107' Assessed Valuation: $1,700 Item #110, C.C.P. 5/2/95 In the above referenced item, Your Honorable Body authorized the Office the Comptroller, Division of Real Estate, to negotiate a private sale with Ms. Barbara Epps of 254 Watson Street. Ms. Epps intends to purchase this property in order to landscape and use for off-street parking. An independent appraisal of the property was conducted by Mr. Robert E. Jones, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the fair market value of the property to be Five Hundred Dollars ($500). This represents approximately sixteen cents ($.16) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. The sales prices range from Twenty-Eight cents ($.28) a square foot to Forty-One cents ($.41) a square foot. The results of our negotiations are that Ms. Barbara Epps has agreed and is prepared to pay Nine Hundred Dollars ($900) for the subject property. This represents an offer of Twenty-Eight cents ($.28) a square foot for the subject property. She has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the offer of Ms. Barbara Epps in the amount of $900. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated August 18, 1995, be received and filed; and That the offer of Ms. Barbara Epps, of 254 Watson Street, in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described as 252 Watson Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 16 Permission to Negotiate 158 Chester, W 525 N Ferry Vacant Lot Size: 25' x 104.50' Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate, has received a request from Edward M. Williams of 162 Chester Street, Buffalo, New York to purchase the above captioned City-owned property. He would like to purchase this property for extra yard space. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Edward M. Williams of 162 Chester Street, Buffalo, New York for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, August 9, 1995 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Edward M. Williams of 162 Chester Street, for the private sale of 158 Chester Street and report to the Common Council the results of such negotiations. ADOPTED. No. 17 Permission to Negotiate 239 Whitney, 216.50' NW Maryland Vacant Lot Size: 25' x 100' Assessed Valuation: $3,800 The Office of the Comptroller, Division of Real Estate, has received a request from Maritza Figueroa of 235 Whitney, Buffalo, New York 14201, to purchase the above captioned City-owned property for extra yard space. The Department of Community Development and Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Maritza Figueroa of 236 Whitney Street, Buffalo, New York 14211. The results of negotiations will be reported to Your Honorable Body for final approval. Mr. Pitts moved: That the communication from the Comptroller dated, August 9, 1995 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Maritza Figueroa of 235 Whitney, for the private sale of 239 Whitney and report to the Common Council the results of such negotiations. ADOPTED. No. 18 Refund Deposit Sale of 76 Riley Item No. 90, C.C.P. 11/29/94 In the above referenced item Your Honorable Body approved the sale of 76 Riley, to Mr. Joseph Bain who purchased the property at public auction on October 24, 1994, for One Thousand Dollars ($1,000). Shortly after the auction and prior to the transfer of title, said property was fire damaged and demolished. Therefore, this office is recommending that Your Honorable Body approve to refund the 20% deposit of Two Hundred Dollars to the highest bidder, Mr. Joseph Bain of 137 Goemble Street, Buffalo, New York. Mr. Pitts moved: That the communication from the Comptroller, dated August 28, 1995, be received and filed; and That the Comptroller be, and he hereby is authorized to refund the deposit of 20% or $200.00 (Two Hundred Dollars) to Mr. Joseph Bain of 137 Goemble Street. PASSED. AYES- 13 NOES- 0. No. 19 Lease Renewal Northwest Buffalo Community Center, Inc. Munchkinland Day Care Center 902-904 Tonawanda Street Item #9, C.C.P. 11/12/91 In the above referenced item Your Honorable Body approved a lease between the City of Buffalo (lessor) and the Northwest Buffalo Community Center, Inc., Munchkinland Day Care Center (lessee) for a one year period. The lease was subsequently renewed for an additional three year period, approved by Your Honorable Body, Item #17, C.C.P. 11/24/92. The current lease is due to expire on September 30th, 1995. The Comptroller's Office, Division of Real Estate, has received a request from Mr. Lawrence T. Pernick, Jr., Executive Director, Northwest Buffalo Community Center, Inc. to renew the Munchkinland Day Care Center lease under the same terms and conditions for an additional three years. The terms and conditions of the lease are as follows: 1. The lessee is to operate a day care center. 2. The term of the lease shall be for three (3) years commencing on the first day of October 1995 and expiring on the 30th day of September 1998. 3. The rental for the premise shall be One Dollar ($1.00), payable upon execution of this lease. 4. The lease shall be subject to cancellation at any time by the City of Buffalo, upon thirty (30) days written notice. The same cancellation privilege is hereby given to the lessee. 5. The lessee will hold the City harmless of and from any and all liability by providing the City, at the lessee's own expense, an Owner's. Landlords and Tenants Liability Policy in the amount of One Million Dollars for bodily injury and property damage combined. 6. The lessee will pay and assume all maintenance costs including costs of heating and lighting and shall pay all water bills and sewer rentals charged against the leased premises. The lessee has satisfied and complied with all terms conditions of their present lease. Therefore, I am recommending that Your Honorable Body approve the request to renew the lease for an additional three years. I am further recommending that the Corporation Counsel prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated August 18, 1995, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew the lease between City of Buffalo and the Northwest Buffalo Community Center, Inc., Munchkinland Day Care enter, for a three year period, to expire on September 30, 1998. The lease will be renewed under the same terms and conditions as listed in the above communication. That the Corporation Counsel shall prepare the necessary lease renewal and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 20 Recycling Blue Boxes Item No. 214, C.C.P. 06/27/95 In reference to the above Council request, we have determined the number of recycling Blue Boxes purchased, the number sold and the number distributed. In addition, we have reviewed the records of the Department of Streets and Sanitation and the Department of Public Works to examine their policies and procedures for the handling of the recycling Blue Boxes. In order to expand a pilot program that encouraged recycling efforts that started in July of 1988, the City of Buffalo purchased and delivered to all households in September of 1990, a recycling Blue Box. The City purchased 127,000 Blue Boxes by 1990 at a cost of $396,700.00 and an additional 10,000 Blue Boxes in October 1992 at a cost of $27,000.00. The Division of Buildings, in conjunction with other departments, delivered the Blue Boxes to City residents in the initial program. One Blue Box was delivered free of charge to each household, and is considered to be owned by the City of Buffalo. When requested by a department head, they were also distributed throughout city office locations and departments. Whenever there was a Blue Box broken or missing, past policy was to replace it at no charge to the resident. The department felt that this practice was unchecked with multiple boxes going to the same people. The department started to charge for replacement of the Blue Boxes in February, 1993. Three dollars ($3.00) was charged to cover the approximate cost of the Blue Box which became the property of the resident. Presently, if a resident claims that Sanitation workers or other city employees were responsible for the damage to the Blue Box, it is necessary they fill out a claim form and send it to the Corporation Counsel. If the claim is approved, the resident is sent notification and is able to pick up a Blue Box, at no cost, in the office of the Division of Streets. In all other instances, the resident is required to purchase the Blue Box from the Department of Streets and Sanitation. Sales of the Blue Boxes have been minimal since February of 1993. The Department of Streets and Sanitation has collected $6,570.00 from the sale of 2,190 Blue Boxes in 2 1/2 years, or $3.00 per box. Receipts were given to customers, but only upon request. The receipts were not pre-numbered; therefore we cannot verify that all money collected was deposited. The Department of Streets and Sanitation collects the fee and secures the cash in a locked desk drawer. Approximately once a week, the cash, along with a tally sheet of purchasers' names, are transferred to the Division of Buildings. There it is verified and secured in a safe until deposited with Treasury. The Division of Buildings, because of the small amount of cash on hand, is presently depositing the receipts weekly. Inventory records are maintained by the Department of Streets and Sanitation. A physical count of Blue Boxes was performed on June 30, 1995. There was 2,680 Blue Boxes and 95 large 65 gallon recycling bins. The large recycling bins were too large to distribute for recycling because they get too heavy to lift when filled with recyclables without the aid of a mechanical arm. At the current time, they are not being utilized in any outside locations. A review of the Blue Boxes revealed the following: Blue Boxes Purchased 1988 - 1995 137,000 Sale of Blue Boxes - 1992 -1993 387 Sale of Blue Boxes - 1993 - 1994 806 Sale of Blue Boxes - 1994 - 1995 997 Total Sales 2,190 Blue Boxes distributed 1990- 1993 131,655 Blue Boxes distributed 1993 - 1995 475 Total No Charge 132,130 Total Distributed 1990 - 1995 134,320 Physical Count 6/30/95 2,680 The City has purchased a total of 137,000 Blue Boxes since July, 1988. We have accounted for 5,345 with the records currently available. This indicates that 131,655 Blue Boxes were distributed to private individuals, schools, hospitals, city offices and outside city departments, prior to February of 1993. RECOMMENDATIONS Since the $3.00 fee was never approved by the Common Council, we recommend that the Common Council approve the fee. The Common Council should also specify which department should collect and deposit the fees. We recommend that the City continue to charge for the Blue Boxes unless the Law Department recommends a replacement through the claim process. We recommend that the receiving and distribution of the Blue Boxes be handled by the Department of Streets and Sanitation. They should use our physical inventory as of June 30, 1995 as a beginning balance and maintain a perpetual inventory of Blue Boxes. We recommend that whatever Department collects the fees provide each customer with a pre-numbered receipt for improved control over cash receipts. REFERRED TO THE COMMITTEE ON FINANCE. No. 21 Certificate of Appointment Appointment effective August 14, 1995 in the Department of Audit and Control, Division of Audit Christine M. Petschke, 18 Progressive Avenue, Buffalo, NY 14207, to the Position of Assistant Auditor, Permanent, at the Intermediate Salary of $29,294. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 22 Certificate of Appointment Appointment effective Aug. 28, 1995 in the Department of Audit & Control, Division of Collections, Kathleen Palka, 838 Fillmore Ave., Buffalo, NY 14212 to the position of Paralegal Assistant, Permanent at the Maximum Salary of $32,416. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL No. 23 Appt. Member Preservation Board Ms. Susan A. McCartney has been serving as a member of the City Preservation Board for the last two years, her term expired on August 31, 1995. I am hereby reappointing Ms. McCartney for a second term on this Board, because of the outstanding commitment to the Preservation in the City of Buffalo. RECEIVED AND FILED. No. 24 Appt. - Downtown Parking Board I am very pleased to announce the appointment of Council Member Barbara A. Miller-Williams as a council representative. Please forward all suggestions and recommendations that you have to Council Member Williams. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 25 Tax Cancellation 1995-96 Adjustments on the General City Tax for 1995-96 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions and assessment errors. I therefore, request that a warrant be drawn on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $67,072.78. REFERRED TO THE COMMITTEE ON FINANCE. No. 26 House of David Lodge Tax Foreclosure 1181 Jefferson Item #128, C.C.P. 7/25/95 In response to your request for information regarding 1181 Jefferson assessed to House of David, their representative Horace A. Hutson states that the organization applied for tax exemption in 1982. A careful search of our records failed to show that any application was submitted to this department to exempt the House of David from property taxes over the past ten years of their ownership. The application Mr. Hutson refers to may have been an application for Federal Not-For-Profit status which unfortunately does not automatically confer tax exempt status with regards to city property taxes. Our records further reveal that House of David has paid the property taxes on 1181 Jefferson from acquisition date up to the 1991-92 tax year. They have failed to stay current with their taxes from the 1992-93 tax year to the present and as a result the property was included in the foreclosure list filed in March, 1995, In Rem 29 Serial #589. According to NYRPTL they must now pay all foreclosure fees and the 1992-93, 1993-94, 1994-95 in reverse order, which totals $6,553.07 (Interest computed to August 31, 1995) by October 20, 1995 to remove the parcel from the foreclosure list. This total figure does not include the 1995-96 taxes which are also due and payable but not part of the current foreclosure action. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Liquor License Requests Item #119, C.C.P. 7/25/95 Tax files were reviewed to determine if the individuals and/or corporations applying for a liquor license owe real property tax, sewer rent local assessment and/or occupancy tax. Please be advised of the following: 1. 454 Pearl, assessed as 452 Pearl St and assessed to Paul Ramunno, 247 North Drive, Buffalo NY has the following City tax and sewer rent unpaid as of August 7, 1995: 1993-94 City Tax and Sewer Rent $12,254.81 1994-95 City Tax and Sewer Rent $10,283.39 1995-96 First Installment City Tax $ 3,315.14 Interest computed to August 31, 1995. A Collection Division fee of $10.00 has been added where applicable. Paul Ramunno also owns property assessed as 247 North Drive. The City taxes and sewer rent are I paid on this property on both of the above parcels, the occupancy tax is paid and there is no local assessment. Assessment records do not show ownership of property in the City of Buffalo under the corporate name of Buffalo Nickel Lounge, Inc or the applicant's name of Stephen P. Rosenblatt, President. 2. 471 Delaware assessed to 471 Delaware Ave, Inc, 471 Delaware Avenue, Buffalo NY. The first installment of the 1995-96 City tax is paid as is the occupancy tax. There is no local assessment. There is no ownership of property in the City of Buffalo under the corporation's name of Bistro 16 Corp or the business name of Manny's. 3. 1067 Broadway assessed to Huynh Hui Van, 1069 Broadway, Buffalo NY. The first installment of the 1995-96 City tax is paid. This parcel is exempt from occupancy tax. This person also owns property assessed as 1069 Broadway assessed to Hui V. Huynh and Hai Thi Ly, 58 Mariner Street, Buffalo NY. Tax records show the following City tax and sewer rent unpaid as of August 7, 1995: 1994-95 City Tax and Sewer Rent $1,995.27 1995-96 First Installment City Tax $ 790.10 Interest computed to August 31, 1995. A Collection Division fee of $10.00 has been added where applicable. The occupancy tax is paid. The applicant, Seng Vong Kongphet owns property assessed as 90 Wasmuth, also assessed to Khamsouk Kongphet, 90 Wasmuth, Buffalo NY. Tax records show the following City taxes unpaid as of August 7, 1995: 1994-95 City Tax $ 192.91 1995-96 First Installment city Tax $ 164.27 Interest computed to August 31, 1995. A Collection Division fee of $10.00 has been added where applicable. The occupancy tax is paid. The applicant also owns property assessed as 262 Swan, assessed to Khamsouk and Seng Vong Kongphet, 262 Swan St, Buffalo NY. The 1995-96 First Installment City tax and newer rent is paid. There is no record of occupancy tax On all the above parcels, there is no local assessment. Assessment records do not show ownership of property in the City of Buffalo under the business name of Golden Lion Restaurant. 4. 2022 Genesee assessed to George I. Gammel and Loretta M. Weiss, 2022 Genesee, Buffalo NY. Our records show the First Installment City tax for 1995-96 is paid as is the occupancy tax. Assessment records also show the following parcels assessed to George Gammel, 188 Sprenger Avenue, Buffalo NY: 94 Leddy 98 Leddy 100 Leddy The 1995-96 First Installment City tax is paid on all the above parcels. These parcels are exempt from occupancy tax. Assessment records show Loretta Weiss, co-owner of 2022 Genesee, as owner of the following with a mailing address of 445 Dorrance Ave #118, Buffalo NY: 90 Leddy 40 Euclid Tax records show the following City tax and sewer rent unpaid as of August 7, 1995: 40 Euclid 1993-94 City Tax and Sewer Rent $1,317.23 1994- 5 City Tax and Sewer Rent $1,106.76 1995-96 First Installment City tax $436.49 The occupancy tax is exempted for this parcel 90 Leddy 1993-94 City Tax and Sewer Rent $ 599.16 1994-95 City Tax and Sewer Rent $ 539.37 1995-96 First Installment City Tax $ 219.03 Occupancy Tax $ 51.84 Interest on the above parcels computed to August 31, 1995. A Collection Division fee of $10.00 has been added where applicable. There is no local assessment on any of the above parcels. Assessment records do not show ownership in the City of Buffalo under the applicant's name of Colleen Joy Krug Owens or the business name of C & R's Blue Haven Tavern. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 28 Notification Serial #8532 Install Stop Signs (All-Way) in Prospect Ave at School St STOP SIGNS (ALL WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as d below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo to be supplemented by adding thereto he following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Prospect Avenue School Street Notification Serial #8533 Install Alternate Parking - Type II Pine Street between Broadway and William Street NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD Pine Street, west side 9:00 a.m. - 4:00 p.m. between Broadway Thursday, Friday and William Street Pine Street, east side 9:00 a.m. - 4:00 p.m. between Broadway Mon, Tues, Wed and William Street This action is being taken to provide parking uniformity with the remainder of Pine Street and at the request of homeowners in this section of Pine Street. Notification Serial #8534 Install Stop Signs (All-Way) in Northland Ave at Schauf Ave NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Northland Avenue Schauf Avenue Notification Serial #8535 Traffic Control Signal - Elmwood Avenue at M. Wile/Delaware Consumer Square Driveways TRAFFIC CONTROL SIGNAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF ELMWOOD AVENUE AT M. WILE/DELAWARE CONSUMER SQUARE DRIVEWAYS This traffic control signal will be constructed by the developer of Delaware Consumer Square. Yearly energy costs for the life of the signal will also be paid by the developer. Mr. Pitts moved: That Notification Serial # 8533 be referred to the Committee on Legislation and the remainder of the item be received and filed. ADOPTED. No. 29 Extension of Time on Contract Kleinhans Music Hall Phase III Work In accordance with the terms of the contract between the City of Buffalo and the following contractor, the HVAC work on the above project should have been completed by September 1, 1995. Due to complications resulting from Phase IV work, the contractor has not yet been able to complete certain portions of their work. This is the first extension of time on this project. I have granted an extension of time to September 2, 1996 for the following contractor: C 91763400 D. V. Brown & Associates, Inc. RECEIVED AND FILED. No. 30 Extend Recycling Contract I respectfully request Your Honorable Body's authorization to extend the current contract for recycling with CID Refuse Service, Inc. from September 27, 1995 through December 31, 1995. This contract will be extended at a tipping fee of $0 per ton. CID will not, however, be required to pay the City 50% of the value of the recycled items. This payment schedule is different from the original contract, but I believe it is in the best interest of the City to extend it at this no-cost option. Mr. Pitts moved: That the communication from the Department of Public Works, dated August 23, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to extend the current contract for recycling with CID Refuse Service Inc. from September 27, 1995 through December 31, 1995 at a tipping fee of $0.00 per ton. PASSED. AYES- 13 NOES- 0. No. 31 Household Hazardous Waste Collection Mayor Anthony M. Masiello has instituted a Household Hazardous Waste Collection Event for the City of Buffalo residents in conjunction with the County of Erie. Attached please find the proposed Agreement between the City of Buffalo and the Erie County Environmental Education Institute, Inc. for the Household Hazardous Waste Collection Event scheduled for September 16, 1995 from 9:00 a.m. until 2:00 p.m. at CID Refuse Recycling Center. Wastes being accepted include pesticides (no aerosol cans), oil-based paints, selected paint thinners and waste solvents, used motor oil, dry cell and lead acid car batteries. It is respectfully requested that Your Honorable Body authorize the Commissioner of Public Works to execute this agreement. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 31, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to execute an agreement between the Erie County Environmental Education Institute, Inc. and the City for a joint Household Hazardous Waste Collection Event on September 16, 1995 to be conducted at the CID Refuse Recycling Center. PASSED. AYES- 13 NOES- 0. No. 32 Bids-Emergency Repairs Babcock Street Bridge Over Conrail Tracks Item No. 24, C.C.P. 06/13/95 As authorized in Item No. 24 of C.C.P. June 13, 1995, the Commissioner of Public Works has received informal bids to perform emergency repairs on the Babcock Street Bridge over the Conrail tracks. The following are the results of the bids received: 1. Gateway Welding $42,500.00 2. Nichter Associates $43,434.00 3. Industrial Machine & Repair No Bid Funds for this work are available in the Division of Engineering Account No. 200-401-023. Mr. Pitts moved: That the communication from the Department of Public Works, dated September 1, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Emergency Repairs on the Babcock Street Bridge to Gateway Welding, the lowest responsible bidder in the amount of $42,500.00- with said cost to be charged against the Division of Engineering Account No. 200-401-023. PASSED. AYES- 13 NOES- 0. No. 33 Report of Bids Filter Media Replacement Contract No. 8E. Electrical Construction Contract No. 8G, General Construction As authorized by your Honorable Body in CCP No. 72 of September 6, 1988 plans and specifications were prepared and sealed proposals accepted for Filter Media Replacement, Contract No. 8E, Electrical Construction and Contract No. 8G, General Construction. I submit the following report of all bids received which were opened in my office at I 1:00 a.m. on July 24, 1995: Contract No. 8E. Electrical Construction: Ferguson Electric Construction Company, Inc. 333 Ellicott Street Buffalo, New York 14203 $27,150.00 Tunney Electric, Inc. 955 Casey Road East Amherst, New York 14051 $29,319.00 CIR Electrical Construction Corp. 1067 Harlem Road Buffalo, New York 14227 $29,400.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Ferguson Electric Construction Company, Inc., 333 Ellicott Street, Buffalo, New York is the lowest responsible bidder complying with the specifications for Filter Media Replacement, Contract No. 8E, Electrical Construction with their bid of $ 27,150.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Ferguson Electric Construction Company, Inc. for Filter Media Replacement, Contract No. 8E, Electrical Construction, the cost thereof to be charged to the Division of Water's Capital Project Account 416-983-009-00-000 in the amount of $27,150.00 plus $2,715.00 for approved unit prices for a total encumbrance of $29,865.00. The engineer's estimate for this work was $36,000.00. Contract No. 8G- General Construction: Paragon Northeast Corp. 775 Main Street, Suite 230 Buffalo, New York 14203 $2,841,650.00 John W. Danforth, Inc. 1940 Fillmore Avenue Buffalo, New York 14214 $2,861,500.00 Balvac, Inc. 3517 Genesee Street Buffalo, new York 14225 $3,511,950.00 Kenaidan Construction Corp. 250 Mack Place South Plainfield, New Jersey 07080 $3,810,068.40 Allstate Power-Vac, Inc. 2515 Brunswick Avenue Goethals Industrial Park Linden, New Jersey 07036 $4,678,500.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Paragon Northeast Corp., 775 Main Street, Buffalo, New York is the lowest responsible bidder complying with the specifications for Filter Media Replacement, Contract No. 8G, General Construction with their bid of $2,841,650.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Paragon Northeast Corp. for Filter Media Replacement, Contract No. 8G, General Construction, the cost thereof to be charged to the Division of Water's Capital Project Account 416-983-009-00-000 in the amount of $2,841,650.00 plus $284,165.00 for approved unit prices for a total encumbrance of $3,125,815.00. The engineer's estimate for this work was $3,998,000.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated August 29, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Filter Media Replacement to Ferguson Electric Construction Company, Inc., for Contract 8E, Electrical Construction, in the amount of $27,150.00; for Contract 8G, General Construction, to Paragon Northeast Corp., in the amount of $2,841,650.00 plus $284,165.00 for approved unit prices for a total encumbrance of $3,125,815.00; the lowest responsible bidders. Funds to be charged to the Division of Water's Capital Project Account 416-983-009-00-000. PASSED. AYES- 13 NOES- 0. No. 34 Report of Bids Interior Renovations Police Headquarters 74 Franklin Street I advertised for on July 26, 1995 and received the following sealed proposals which were publicly opened and read on August 2, 1995. Wilsandra Construction $17,777.00 Nichter Construction $19,484.00 BRD Inc. $19,500.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Wilsandra Construction Co., Inc. in the amount of $17,777.00 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 200-402-513. Estimate for this work was $20,000.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated August 7, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Interior Renovations - Police Headquarters to Wilsandra Construction Co., Inc., the lowest responsible bidder in the amount of $17,777.00; with said cost to be charged against the B/F 200-402-513. PASSED. AYES- 13 NOES- 0. No. 35 Report of Bids Kleinhans Music Hall Asbestos Removal Phase IV - At Fan Room #1 I asked for and received the following Informal Proposals which were publicly opened and read on August 25, 1995. Aria Corp. $1,680.00 Empire Building Diagnostics, Inc. $3,978.00 Arric Corporation $4,200.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Aria Corp., in the amount of $1,680.00, 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 200-402-528 - Division of Buildings. Estimate for this work was $2,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Report of Bids New Fence Tifft Farm Playfields I asked for and received the following Informal Proposals which were publicly opened and read on June 16, 1995. Wire Products Co., Inc. $10,804.00 Oneida Fence Co. $11,538.00 Seneca Fence $14,300.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Wire Products Co., Inc., in the amount of $10,804.00, is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-083 - Division of Buildings. Estimate for this work was $9,500.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated August 8, 1995, be received and filed- and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for New Fence at Tifft Farm Playfields to Wire Products Co., Inc., the lowest responsible bidder in the amount of $10,804.00- with said cost to be charged against the B/F 200402-083 - Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 37 Change in Contract Asbestos Abatement Kleinhans Music Hall-Phase IV Work Aria Corp. - Order #11393170 I hereby submit to Your Honorable Body the following change for Asbestos Abatement, Kleinhans Music Hall, Phase IV Work - Aria Corp., Order #11393170. 1. Perform abatement and removal of asbestos containing pipe insulation and air monitoring on 30 lineal feet of 1-1/2" pipe insulation and 12 lineal feet of 2" pipe insulation at crawl space and adjacent fan rooms. Add $3,850.00 The foregoing change results in a net increase in the contract of Three Thousand Eight Hundred Fifty and 00/100 Dollars ($3,850.00). Summary: Original Amount of Contract $15,890.00 Amount of This Change (No. 1) Add 3,850.00 Revised Amount of Order $19,740.00 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 fair and equitable. Funds for this work are in B/F 200-402-528. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Change in Contract Restoration of Kleinhans Music Hall Phase IV Symphony Circle I hereby submit to Your Honorable Body the following change for Restoration of Kleinhans Music Hall, Phase IV Work - BRD, Inc., C91819400. 1. Men's Room #206 Mezzanine Level: Demolish existing hollow clay tile urinal wall, properly shore, re-block wall, supply and install ceiling access door at Coats #111. Add $ 3,384.00 2. Remove existing north wall wood veneer wainscot, Main Lobby #103 and Mezzanine Lobby #201. Patch and prepare underlying plaster walls, and prime, remove, restore and reinstall oak base and trims/chair rail, install new wood veneer wall covering. Add 51,278.00 3. Material, freight and handling costs for custom manufactured Winburn tile. Add 43,546.00 4. Labor, material and installation costs for custom Wilton type woven carpet and associated pad, beyond Base Bid Allowance. Add 16,761.00 5. Remove and dispose of debris from areas of Kleinhans Music Hall, including storage beneath main auditorium. Add 6,526.00 The foregoing change results in a net increase in the contract of One Hundred Twenty One Thousand Four Hundred Ninety Five and 00/1 00 Dollars ($121,495.00). Summary: Original Amount of Contract $1,115,678.00 Amount of This Change (No. 1) 121,495.00 Revised Amount of Order $1,237,173.00 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 fair and equitable. Funds for this work are in B/F 200-402-528, I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Change in Contract Pool Reconstruction 1995 NuMarco, Inc. I hereby submit to Your Honorable Body the following change for Pool Reconstruction 1995, NuMarco, Inc., C91806000: 1. Excavate and replace a 4" mechanical joint valve in the pool fill line at Centennial Pool. Add $1,902.35 2. Excavate, repair and clean a broken deck drain line at Riverside Pool. Add $1,086.35 3. Repair pool pump motors at Shoshone Pool. Add $3,118.29 4. Repair brominator piping at Masten Pool. Add $324.07 The foregoing change results in a net increase in the contract of Six Thousand Four Hundred Thirty One and 06/100 Dollars ($6,431.06). Summary: Original Amount of Contract $57,000.00 Change Order #1 (CCP 06/27/95; Item 51) Add 39,062.48 Change Order #2 (CCP 07/25/95; Item 174) Add 2,339.40 Amount of This Change (No. 3) Add 6,431.06 Revised Amount of Order $104,832.94 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 200-402-063. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Change in Contract-Tracy Street Reconstruction Carolina Street to South Elmwood Group No. 373- Change Order No. 1 Item No. 29; C.C.P. 05/02/95 The Board of Education has requested that the paving of the parking lot for School No. 76 be included in the Tracy Street Project. Additional Cost: 1. Excavation and Subbase Material $20,000.00 2. Drainage 5,000.00 3. Survey 1,000.00 4. Additional Asphalt Top & Binder 9,000.00 $35,000.00 Contract Summary: Original Contract $218,243.75 Change Order No. 1 $ 35,000.00 New Contract Summary $253,243.75 I hereby certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the above change order and authorize the Commissioner of Public Works to issue said change order to Destro Brothers Concrete Company. Funds for this change order are available in Capital Project Fund No. 200-402-550-00. Mr. Pitts moved: That the communication from the Department of Public Works, dated August 29, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1, changes resulting in a net increase in the amount of $35,000.00, as more fully described in the above communication, for work relating to Tracy Street Reconstruction Carolina Street to S. Elmwood, Group #373. Funds to be charged to B/F 200-402-550-00. PASSED. AYES- 13 NOES- 0. No. 41 Permission to Prepare Plans and Specific Pavement, Curbs and Sidewalk Repairs I hereby respectfully request your Honorable Body's permission to prepare plans and specifications and advertise for bids for the replacement of pavement, curbs and sidewalks to various areas in the City of Buffalo where water repairs have been made. In the course of making temporary repairs to the pavement, after completing construction of sub-surface water facilities, the Water Division does not, in all instances replace the concrete base which by inference is the purpose and intent of this project. The contractor will be required to remove all such temporary fill, including any other materials encountered, to a depth which will coincide with the top elevation of the desired sub-base course, and install a new concrete base eight (8") inches in thickness and to the same level as the top surface of the adjacent base. This project will involve the restoration to original condition of pavement, curbs and/or sidewalks. Funds for this project are available in the Division of Water's 416-983-017-00000 Capital Projects. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Permission to Reimburse State Of New York Broadway Avenue - Bailey Avenue to Harlem Rd. I hereby request permission from your Honorable Body to reimburse the State of New York, Department of Transportation, in the amount of $78,000.00 for waterline work associated with Broadway Avenue from Bailey Avenue to Harlem Road. This work included the betterment of the City of Buffalo's 8" watermain with a 12" watermain connecting to the Erie County Water Authority system. The cost of the betterment is based on bid prices. This amount reflects the construction cost plus an additional 15% for construction inspection and contingencies. A check in the amount $78,000.00 made payable to the State of New York, Office of the State Comptroller, Alfred E. Smith State Office Building, Albany, New York 12236 is required by October 2, 1995 so as not to cause a delay in the construction schedule. Funds for this work are available in the Division of Water's 416-983-001-00-000 Capital Projects account. Your immediate approval of this reimbursement is requested. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Purchase of City Right-of-Way Along Anderson Place At 555 Elmwood Avenue Item No. 173, CCP 06/13/95 The above captioned item was referred to the Department of Public Works for review and comment. The Division of Engineering has reviewed the request to abandon and offer for sale a portion of Anderson Place and herein submits the following report: The purpose of the public street right-of-way is to provide safe passage for pedestrians and vehicles and to provide a route for underground and aboveground public utilities. In this day-and-age, the existing right-of-way widths of the majority of public streets are sub-standard for the safe placement of the underground utilities. To improve the street landscape, we now require that new utility lines be located underground. Due to public demand the number of these underground utility lines is constantly increasing and the codes are now requiring greater spacing between these lines. Because of the conjestion caused by the placement of these underground utilities, we are now being requested to obtain easements beyond the public right-of-way for the placement of City owned utilities such as water and sewer mains. Because of the public need to provide for the adequate placement of these underground utilities, the Department of Public Works, historically, has strongly objected to the contraction of the right-of-way of any public street. In reference to the matter of the so-called sidewalk cafes, I have noticed a disturbing increase in the number of requests for the abandonment and sale of those portions of the public street right-of-ways which have previously been occupied for sidewalk cafes under permits, granted by Your Honorable Body. I have also been disturbed by the number of requests for the contraction of the public street right-of-ways, simply for the purpose of clearing title for structures that encroach into the right-of-way. Once even a small portion of the total length of a public street has been contracted, for all practical purposes, the entire length of the street has been contracted. The short term benefit of any such contraction of a public street, is far outweighed by long term disruption to the underground utility systems. Therefore, as Commissioner of Public Works, I herein strongly recommend that Your Honorable Body deny the request contained in Item No. 173 of the Common Council Proceedings of June 13, 1995 for the abandonment and sale of that portion of Anderson Place, east of Elmwood Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 44 2969 Main Street; Awning within Right-of-Way Mr. Joseph Zielinski, R.A., of William L. Long Associates, acting as agent for Crisis Services, Inc., located at 2969 Main Street, has requested permission to install an awning which would encroach City right-of-way of said address. The proposed awning would measure nine feet (91) in length, eight feet (81) in height, and project four and one-half feet (4.51) from the building face into City right-of-way. The Department of Public Works has reviewed this application pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 45 Proposed NFTA Bus Shelters Within Right-of-Way Mr. Gordon W. Foster, Manager of Service Planning for the Niagara Frontier Transportation Authority (NFTA) has requested permission to install six bus shelters within City right-of-way at the following locations: 1. East Utica Street, northwest corner Jefferson Avenue 2. South Park Avenue, northeast corner Louisiana Street 3. Best Street, southeast corner Main Street 4. Military Road, northwest corner Hertel Avenue 5. Broadway, northeast corner Gatchell Street 6. Hertel Avenue, southeast corner Military Road The Department of Public works has reviewed the NFTA's request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Engineering. 3. That the applicant be responsible for maintenance of all bus shelters as long as they remain within City right-of-way. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance for each location which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said bus shelters. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 46 189 Van Rensselaer Street; Encroachments into Right-of-Way Mr. Joseph P. Giusiano, P.E., Facility Manager of Graphic Controls, located at 189 Van Rensselaer Street, has requested permission to obtain a "Mere License" for several existing encroachments on Exchange Street at said address. The encroachments are as follows: 1. A glass and metal enclosed main entranceway, measuring forty-two feet (42') in length, and projecting eight feet (8') into City right-of-way. 2. A concrete and brick secondary open entrance, measuring fifteen feet (15') in length, and projecting eleven feet (11') into City right-of-way. 3 & 4. Two concrete stairways, measuring twelve feet (12') in length, and projecting four feet (41) into City right-of-way. The Department of Public Works has reviewed Graphic Controls application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License,, for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits originally necessary for said installation. 2. That the encroachments were installed exactly as shown on plans submitted to and approved by the Department of Public works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond for each encroachment which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said entranceways and/or concrete stairs. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 47 3268 Main Street Requests Permission to Install Sidewalk Cafe Mr. James D. Gaurino, owner of the Coffee Bean Cafe, located at 3268 Main Street, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure thirty-six feet (361) in length and project six and one-half feet (6.51) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Guarino's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted by to and approved the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed thirty-six feet (361) in length or extend more than six and one-half feet (6.5') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 48 Proposed Parking Lot And Driveway Tracy Street/Johnson Park No. 136, C.C.P. 07/25/95 Mr. Robert Biniskiewicz of 61 Johnson Park applied for a curb cut for Tracy Street on April 13, 1995. At that time, he was told plan approval for his parking lot would be required from Inspections and Licenses, and due to Tracy Street being located in an Historic District, Preservation Board approval would also be needed. As of this date, no applications have been filed with either the Planning Board or Inspections and Licenses. If the above noted approvals are obtained, the Department of Public Works will approve the curb cut application for this location. REFERRED TO THE COMMITTEE ON FINANCE. No. 49 District Heat Crossroads Arena Item No. 59, CCP 06/27/95 The above referenced item has been referred back to this department for a recommendation. In summary, the feasibility study outlined the following two (2) options: A. Use the existing steam boilers in Memorial Auditorium to heat the Auditorium with steam and to provide hot water to the satellite district heating system through a steam to hot water converter. Primary customers would be the Donovan State Office Building and Crossroads Arena. The Arena design includes two (2) 500 HP hot water boilers. These boilers are on order but that can possibly be changed and enhance the financing picture. The cost estimate for this option is $876,150.00 and has a 7.1 year payback. B. Upgrade the 500 HP boilers at Crossroads to 800 HP boilers and Crossroads would be the system operator. Primary customers would be the Donovan State Office Building and Memorial Auditorium (the Aud steam system would have to be converted to hot water). The cost estimate for this option is $915,750.00 and has a 12.8 year payback. Financially option A is the most cost effective way to proceed and is the conclusion in the feasibility study. However, upon option B, Crossroads would be the operator of the system and this would save the City annual expenses for operation and maintenance. Discussions with Crossroads should be held to resolve their role (customer or operator) and funds need to be identified for engineering and construction. REFERRED TO THE COMMITTEE ON FINANCE. No. 50 NY Route 16 Seneca Street Bridge Over Buffalo River BIN 2-01193-0 City of Buffalo, Erie County PIN 5576.61.121 Item No. 21, C.C.P. 03/02/93 I hereby request permission from Your Honorable Body to authorize the Mayor to enter into an agreement with the New York State Department of Transportation for the City of Buffalo to pay the non-Federal share of the cost of construction and construction inspection work for the above subject project. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 51 Liquor License Applications Item No. 119, C.C.P. 7/25/95 The above item was referred to this department with the request that we determine if all permits and licenses have been issued. Beginning July 1, 1995, all permit and license functions have been transferred to the Department of Housing and Inspections. That department will be able to inform you if all licenses and permits have been issued. There is no input necessary from this department for this type of request. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 Certificate of Appointment Appointment effective July 31, 1995 in the Department of Public Works, Division of Buildings, Diane L. Gartz, 716 McKinley Pkwy., Buffalo, NY 14220 to the position of Senior Typist, Permanent, at the Intermediate Starting Salary of $ 23,284. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 53 Certificate of Appointment Appointment effective July 28, 1995 in the Department of Public Works, Division of Engineering, Charles A. Masi, 30 Larchmont Road, Buffalo, New York 14214 to the Position of Assistant Administrator, Permanent, at the Maximum Starting Salary of $ 41,594. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 54 Certificate of Appointment Appointment effective July 31, 1995 in the Department of Public Works Division of Water Paul J. O'Hern, 135 Lafayette, Apt. 3, Buffalo, 14213 to the Position of Stock Clerk, Permanent, at the Maximum Starting Salary of $23,588. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 55 Certificate of Appointment Appointment effective July 26, 1995 in the Department of Public Works, Division of Engineering, William Moss, 248 Dearborn St., Buffalo NY 14207 to the Position of Junior Engineer, Provisional, at the Maximum Starting Salary of $32,395. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 56 Certificate of Appointment Appointment effective July 31, 1995 in the Department of Public Works, Division of Water, Wayne Frost, 87 Poplar Avenue, Buffalo, 14211, to the Position of Water Meter Mechanic, Permanent, at the Intermediate Starting Salary of $24,251. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 57 Certificate of Appointment Appointment Effective July 25,1995 in the Department of Public Works, Division of Water Karen M. Ford, 205 O'Connell Avenue, Buffalo, 14210 to the Position of Account Clerk-Typist, Permanent, at the Intermediate Starting Salary of $21,732. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 58 Aid To Law Enforcement Grant Program Renewal: FY 1995-1996 Item #166 C.C.P. 07/26/94 We have been awarded $652,998 in funding from the New York State Department of Criminal Justice Services for the renewal of our Aid To Law Enforcement Grant Program for the period April 1, 1995 through March 31, 1996. Under this agreement, the State will reimburse the City of Buffalo so that the Buffalo Police Department can provide case enhancement for the arrest and conviction of offenders who commit violent felonies and/or who otherwise fall under the definition of career criminal (as specified under the grant) because of their previous arrest history. I am respectfully requesting that Your Honorable Body authorize permission for the Mayor to enter into this renewal agreement (copy of renewal narrative attached and award letter from the State). We are also requesting that Your Honorable Body authorize the Comptroller to provide for an inter-fund cash loan in the amount of $64,147 as a cash advance for all non-personnel expenses (which are listed in grant narrative budget) until such reimbursement is secured from the State. This loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. If you require additional information, please contact Captain Edward C. Hempling or Report Technician Maureen Oakley at ext. 4475. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE CORPORATION COUNSEL No. 59 Contract for Modern Landfill Item No. 244, C.C.P. 7/25/95 This is in response to your resolution regarding the Modern Landfill contract. The Common Council invited representatives of Modern Landfill to appear and provide information concerning the legal proceedings involving Steve Washuta. Mr. Washuta formerly was a principal in Modern Landfill, Inc. A representative of Modem Landfill, Inc. and the attorney for Steve Washuta appeared before the Common Council on two occasions. At these meetings, the Common Council conducted an inquiry into the criminal proceedings involving Mr. Washuta. Representatives of Modem Landfill, Inc. and the attorney for Mr. Washuta responded to the questions asked by councilmembers. In light of the above, there appears to have been sufficient disclosure by Modern Landfill, Inc., and the Common Council acted appropriately in approving the award of the contract to Modern Landfill, Inc. The Common Council authorized the award of the contract subject to three conditions. These were that the plea agreement be approved, that the plea agreement be complied with, and that the New York State Department of Environmental Conservation issue the necessary permit to allow Modern to perform the contract. On June 22, 1995, United States District Judge William Skretny approved the plea agreement. A copy of the Judgment signed by the Court is enclosed herewith. The plea agreement required Mr. Washuta to enter into an Order on Consent with DEC to divest himself ownership and control of Modern Landfill, Inc. A copy of the Order on Consent of the DEC is enclosed herewith. In addition, a letter dated August 2, 1995, from Mark J. Hans, P.E., Regional Solid Waste Engineer for the DEC, is enclosed. This confirms that Modem may operate under its old DEC permit and that the DEC anticipates issuing a renewal permit. Based on the above, it appears that the requirements of the plea agreement and the Common Council approval have been met by Modem Landfill, Inc. REFERRED TO THE COMMITTEE ON FINANCE. No. 60 Crossroads Arena Project Attached is Requisitions Nos. 8 and 9 relating to the Crossroads Arena Project. REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 61 Certificate of Appointment Division of Planning-Director In accordance with the provisions of Section 441, of the City of Buffalo, I hereby transmit the following Certificate of Appointment. Pursuant to the powers vested in me under the provisions of Section 272 of the Charter, I hereby certify that I have appointed Kevin T. Greiner, residing at 622 Main Street, Buffalo, New York to the position of Director of Planning in the Department of Community Development, effective Sept. 5, 1995. Mr. Greiner graduated from State University of New York at Buffalo in 1994. He graduated with a J.D. Law Degree and a Masters of Urban Planning. Mr. Greiner has been employed as an analyst for Metro Life Inc., New York, New York until August, 1 990. Prior to that employment he was employed by the North Jersey Transportation Coordinating Council as a Transportation Planner. Prior to the 1994-95 City Budget, Mr. Greiner was the Director of Planning for the City of Buffalo. Currently, Mr. Greiner is the Director of Planning for D.D.I. I hereby certify that Mr. Greiner is fully qualified to fill the position of Director of Planning. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 62 2192 Niagara Street Niagara River Coastal Special Review District Gulley's Restaurant, located at 2192 Niagara Street, is located within the Niagara River Coastal Special Review District. As such, the property owner is required to obtain a "Restricted Use Permit" prior to undertaking improvements. The Restricted Use Permit requires the property owner to submit an application to the City Clerk who in turn forwards the application the Planning Board for recommendation to the Common Council for approval/disapproval. Gulley's is also located within the New York State Coastal Management Zone. Policy 2 of the Coastal Management Program states: Facilitate The Siting Of Water-Dependent Uses; And Facilities On Or Adjacent To Coastal Areas. The intent of this policy is to ensure that water-dependent uses can continue to be accommodated at shoreline locations within the State. Non-water-dependent uses should not be approved when such uses would preempt the reasonably foreseeable development of water-dependent uses. In this particular case, the owner did apply and was approved for a Restricted Use Permit for the construction of the restaurant and an outdoor patio. However, the resulting building permit issued included the construction of an expanded outdoor patio not reviewed under the Restricted Use Permit process. We are also aware of interest in this matter by the New York State Department of State (DOS). The DOS has determined that the expanded patio does not serve a water-dependent use and is inconsistent with the policies of the Coastal Management Program. At this time, the Common Council has three options: modify the Restricted Use Permit accepting the expanded patio as built; modify the Restricted Use Permit accepting the expanded patio with alterations deemed appropriate by the Council; or deny modification of the Restricted Use Permit effectuating the removal of the expanded patio. This department recommends the matter be referred to the Planning Board for recommendation to the Committee on Legislation as to whether the Restricted Use Permit application should be modified by Your Honorable Body. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. No. 63 Increase in Contract, Electrical Construction N.I.C. Renovations 1168-1170 Broadway Weydman Electric, Contract #91799500 I herewith submit to Your Honorable Body the following increase in contract for additional electrical construction work related to the Neighborhood Information Center (N.I.C.) renovations at 1168-1170 Broadway, Buffalo, New York, Contract #9179950 with Weydman Electric Inc.: 1.) Additional 75' of conduit, wire necessary to relocate air conditioner condenser on roof area to prevent vandalism. Add $395.00 2.) Provide all additional labor, materials and equipment necessary to install fire alarm System in basement area, 1st, 2nd and 3rd floors. Add $17,230.00 This work has been deemed necessary in order to bring this historic structure into code compliance. A change order is desired so that Weydman is the electrician of record for this project and all electrical renovations associated therewith. Funds for this work are available in Bond Fund #200-717-070. A contract summary is as follows: Original contract amount $30,682.00 Amount this change $17,625.00 Revised Contract Amount $48,307.00 I therefore request that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Weydman Electric as described above. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 Permission to Hire Architect/Engineer War Memorial Field House Design Permission is requested from Your Honorable Body to hire an Architectural/Engineering firm for design and construction administration of a field house at the War Memorial Stadium site. Funds available at this time consist of $850,000+ in City Bonds and a $2,000,000 HUD Special Purpose Grant. Consultant shall work in conjunction with the Department of Community Development and the Mayoral Appointed Board to determine site selection and programming space for this new facility. REFERRED TO THE COMMITTEE ON FINANCE. No. 65 Thruway Industrial Park - Phase II Approval of LDA - Father Sam's Pocket bread- 4.2 Acre Parcel The City of Buffalo Urban Renewal Agency duly designated Father Sam's Pocket Bread 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. FROM THE COMMISSIONER OF STREETS No. 66 Cancel Grass Cutting Charge 891 & 903 Jefferson If the Honorable Body could remove the following charges from the Assessment Roll. 891 and 903 Jefferson - Invoice number ARG00418 94. The owner of this property is The Old Landmark Church located at 893 Jefferson, Buffalo, NY for the amount of $100.00. Our supervisor reported to us that the City did not cut this property however did cut the City lot located in the rear of these two properties. A charge for $50.00 was also located on the same invoice for 893 Jefferson and was abated by the Honorable Body. Mr. Pitts moved: That the communication from the Department of Street Sanitation, dated August 9, 1995, be received and filed; and That the Common Council approves the cancellation of grass cutting charges in the amount of $100.00 at 891 and 903 Jefferson, Invoice Number ARG00418 94. That the Common Council requests the Commissioner of Assessment to remove the charges from the assessment rolls and the Commissioner of Street Sanitation to correct his records to indicate the cancellation of these charges. PASSED. AYES- 13 NOES- 0. No. 67 Cancel Grass Cutting Charge-893 Jefferson If the Honorable Body could remove the following charges from the Assessment Roll. 893 Jefferson Ave. - Invoice number ARG00418. The owner of the property is The Old Landmark Church located at 893 Jefferson, Buffalo, NY for $50.00. Our supervisor reported to us that the City did not cut the property located at 893 Jefferson Ave. Please have the charge removed from the Assessment Roll. Mr. Pitts moved: That the communication from the Department of Street Sanitation, dated July 17, 1995, be received and filed; and That the Common Council approves the cancellation of grass cutting charges in the amount of $50.00 at 893 Jefferson, Invoice Number ARG00418. That the Common Council requests the Commissioner of Assessment to remove the charges from the assessment rolls and the Commissioner of Street Sanitation to correct his records to indicate the cancellation of these charges. PASSED. AYES- 13 NOES- 0. No. 68 Vehicle Trade In For Purchase Of Five New Dump Trucks. Below is a list for Council approval on trading in used equipment to reduce the cost of new equipment purchase. 1) S-945 1985 Western/Star Dump Truck B-41105, Vin. #2WLNCCSD4FK911869. 2) S-952 1986 Western/Star Dump Truck B-76541, Vin.#2WLNCCSDOGK914205. 3) S-953 1986 Western/Star Dump Truck B76547, Vin,#2WLNCCSD8GK914209. 4) S-954 1986 Western/Star Dump Truck B-76550, Vin.#2WLNCCSDXGK914213. 5) S-956 -1986 Western/Star Dump Truck B-76557, Vin.#2WLNCCSDXGK914213. Trade In For Five New Front-End Wheel Loaders 1) S-722 1982 John Deere Loader B-95197 Vin. #544CB401587DW. 2) S-723 1982 John Deere Loader B-95197 Vin. #544CB404010DW. 3) S-724 1982 John Deere Loader B-77255 Vin. #544CB405428DW. 4) S-726 1982 John Deere Loader B-77212 Vin. #544CB405105DW. 5) S-727 1982 John Deere Loader A-45333 Vin. #544CB405121DW. Mr. Pitts moved: That the communication from the Department of Street Sanitation, dated July 25, 1995, be received and filed; and That the Commissioner of Street Sanitation be, and he hereby is, authorized to trade-in the used equipment to reduce the cost of five new Dump Trucks, as more fully described in the above communication. PASSED. AYES- 13 NOES- 0. No. 69 Request Increase Seizure Charges I am requesting a change in our fees for seizures of dogs. Our prices have remained the same for many years and we cannot-continue to charge these antiquated fees. Below find the proposed changes: Present Fee Proposed Fee First Seizure $10.00 $25.00 Second Seizure $20.00 plus $50.00 plus $5.00 per day $3.00 per day Third Seizure $30.00 plus $75.00 plus $5.00 per day $3.00 per day REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 70 Certificate of Appointment Appointment effective August 25, 1995 in the Department of Street Sanitation, Charles E. Loubert, 906 Prospect Avenue, Buffalo, New York 14213 to the Position of Animal Shelter Attendant, Provisional, at the Intermediate Starting Salary of $24,941. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 71 Certificate of Appointment Appointment effective August 23, 1995 in the Department of Street Sanitation to the Position of Equipment Operator, Permanent, at the Intermediate Starting Salary of $24,251. Mark D. Hill, 931 Prospect Avenue, Buffalo, New York 14213 Philip Sbriglia, 49 Whitehall, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 72 Certificate of Appointment Appointment effective August 23, 1995 in the Department of Street Sanitation to the Position of Equipment Operator, Permanent, at the Maximum Starting Salary of $25,665. Daniel Tattenbaum, 257 Fletcher Street, Tonawanda, New York 14150 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 73 Certificate of Appointment Appointment effective August 14, 1995 in the Department of Street Sanitation to the Position of Heavy Equipment Operator, Permanent, at the Maximum Starting Salary of $ 26,793. Michael A. Bavaro, Sr., 8682 Slayton Settlement, Gasport, NY 14067 Mark A. Harber, 8562 Murray Hill, Boston, NY 14025 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 74 Monthly Report of Licenses Issued - July I am respectfully submitting the enclosed report of licenses issued in the month of July by the Division of Housing & Inspections/Licenses. RECEIVED AND FILED. No. 75 Woodlawn Heights New Housing Project Approval of LDA Unique Housing Concept The City of Buffalo Urban Renewal Agency duly designated Unique Housing Concept and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject project. Please be advised that in accordance with the provision 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. 76 Woodlawn Heights New Housing Project Approval of LDA Regency Homes Concept The City of Buffalo Urban Renewal Agency duly designated Regency Homes and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject project. Please be advised that in accordance with the provision 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. 77 Solicitation of Funds Permit Greenpeace Attached is an application for a Solicitation of Funds Permit for an additional thirty (30) days for Greenpeace to solicit funds in the Buffalo area from August 15, 1995 to September 15, 1995. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated July 26, 1995, be received and filed; and That the Commissioner of Neighborhoods, Housing and Inspections be and hereby is authorized to grant an exemption to Greenpeace to solicit funds in the City of Buffalo area from August 15, 1995 to September 15, 1995, pursuant to Chapter 316, Article VI of the Code of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 78 Solicitation of Funds Permit Outreach Shelter for the Homeless Inc. Attached is an application for Solicitation of Funds Permit for Outreach Shelter for the Homeless, Inc. to solicit funds in the Buffalo area from August 17, 1995 to September 17, 1995. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 79 Dev. Plan Review Process Item No. 180, C.C.P. 6/13/95 In response to the above stated Common Council communication I wish to supply your Honorable Body with the following information. We in the Department of Neighborhoods, Housing and Inspections are in agreement that a State Environmental Quality Review should become a part of the Building permit issuing process. A minimum size of an area being used or a minimum dollar amount being expended on a project could be the triggering mechanism for such a review. We support such action and would like to have included, change of use to Commercial property whose operation is not totally enclosed and segregated from surrounding areas. In reference to the site plan review and City wide design standards I would like, to advise your Honorable Body to proceed cautiously. Additional requirements imposed upon developers may cause them to take their investment dollars elsewhere. The implementation of this program and necessary Environmental review should be administered and directed by the Buffalo Environmental Planning Commission. We would be more than willing to help set up such a program, as it would protect quality of life issues not currently addressed by Zoning Codes. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 80 Report of Pre-Demolition Asbestos Removal for Various Locations Please be advised that Pre-Demolition Asbestos Removal bid offers were solicited by our department on July 26, 1995 and that the contract will be awarded to the following responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1656 Elmwood Avenue Higgins Group Filio Adamakis $3,613.00 1654 Elmwood Avenue Buffalo, New York 14207 Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated August 3, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Higgins Group at a cost of $3,613.00, relating to 1656 Elmwood Avenue, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 81 Report of Pre-Demolition Asbestos Removal for Various Properties Within the City Please be advised that Pre-Demolition Asbestos bid offers were solicited by our department on August 10, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 919 Fillmore Higgins Group Helen Davis $1,980.00 65 Harmonia Buffalo, New York 14211 232 Loepere Georgian Bay Contracting Jerome T. Kloc $3,000.00 150 Clinton Heights Elma, New York 14059 299 Moselle Georgian Bay Contracting John H. Kausner $3,400.00 4720 Schurr Rd. Clarence, New York 14031 241 Maple Peerless Environmental Ctrl, Inc. Mamie Salter $2,145.00 81 Humber Buffalo, New York 14215 Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated August 18, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Higgins Group at a cost of $1,980.00, relating to 919 Fillmore Avenue; to Georgian Bay Contracting at a cost of $3,000.00 relating to 232 Loepere; to Georgian Bay Contracting at a cost of $3,400.00 relating to 299 Moselle; and to Peerless Environmental Control, Inc. at a cost of $2,145.00 relating to 241 Maple; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 82 Report of Pre-Demolition Asbestos Removal for Various Locations Within the City Please be advised that Pre-Demolition Asbestos Removal bid offers were solicited by our department on July 28, 1995 and that the contract will be awarded to the following responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 1500 Genesee Georgian Bay Contracting City of Buffalo $4,855.50 50 Montana Georgian Bay Contracting City of Buffalo $3,315.00 135 Lathrop Higgins Group City of Buffalo $2,400.00 328 Wilson Higgins Group City of Buffalo $2,400.00 83 Townsend Georgian Bay Contracting City of Buffalo $650.00 Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of asbestos. We therefore, respectfully request that upon approval by your Honorable Body and inspections made by this department, that the cost of the project be charged to the Capital Outlay Fund #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated August 4, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Georgian Bay Contracting at a cost of $4,855.00 relating to 1500 Genesee- to Georgian Bay Contracting at a cost of $3,315.00 relating to 50 Montana; to Higgins Group at a cost of $2,400.00 relating to 135 Lathrop- to Higgins Group at a cost of $2,400.00 relating to 328 Wilson; and to Georgian Bay Contracting at a cost of $650.00 relating to 83 Townsend; are hereby confirmed, ratified and approved, with said cost to be charged to the Capital Outlay Fund #100-241-08 5 -00-900. PASSED. AYES- 13 NOES- 0 No. 83 Report of Pre-Demolition Asbestos Removal Bids for Various Locations Please be advised that Pre-Demolition Asbestos Removal Bid offers were solicited by our department on July 26, 1995 and that the contracts will be awarded to the following responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 363 Massachusetts Georgian Bay Contracting City of Buffalo $5,116.00 110 Locust Street Higgins Group City of Buffalo $3,000.00 Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body and inspections made by this department,that the cost of the project be charged to the Capital Outlay Account #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and inspections, dated August 10, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Georgian Bay Contracting at a cost of $5,116.00 relating to 363 Massachusetts; and to Higgins Group at a cost of $3,000.00 relating to 110 Locust Street; are hereby confirmed, ratified and approved, with said cost to be charged to the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 13 NOES- 0 No. 84 Report of Emergency Demolition Bids for Various Locations Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 18, 1995 and that the contracts will be awarded to the following lowest responsible bidders. ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 225 Baynes J. Martin Frank Zorechak $9,050.00 136 Lafayette Avenue Buffalo, New York 858 Tonawanda J. Martin SWJ Inc. $10,400.00 c/o Jerome Goldstein 925 Delaware Avenue Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We therefore, respectfully request that upon approval by your Honorable Body that the cost of these projects be charged to this department's Capital Outlay Account #100-241-085-00-000. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated August 18, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and J. Inspections of emergency demolition contracts to Martin at a cost of $9,050.00 relating to 225 Baynes; and at a cost of $10,400.00 relating to 858 Tonawanda; are hereby confirmed, ratified and approved, with said cost to be charged to the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 13 NOES- 0 No. 85 Report of Emergency Demolition Bids for Various Locations Within the City Due to the very serious and hazardous condition of the buildings located at below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 21, 1995 and that the contracts will be awarded to the following lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 188 Forest Avenue J. Martin City of Buffalo $8,900.00 76 Riley Street J. Martin City of Buffalo $5,900.00 136 Archie Place J. Martin City of Buffalo $5,900.00 173 Peckham Street Eastwood Industries City of Buffalo $9,700.00 Aggregate Bid: Cedar Wrecking & Salvage 191 Box $5,100.00 City of Buffalo 196 Box $6,000.00 City of Buffalo $11,100.00 TOTAL AGGREGATE BID Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that these costs be charged to this department's Capital Outlay Account #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated July 26, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of J. emergency demolition contracts to Martin at a cost of $8,900.00 relating to 188 Forest Avenue; at a cost of $5,900.00 relating to 76 Riley Street; at a cost of $5,900.00 relating to 136 Archie Place; to Eastwood Industries at a cost of $9,700.00 relating to 173 Peckham Street; to Cedar Wrecking & Salvage at a cost of $5, 100.00 relating to 191 Box; and at a cost of $6,000.00 relating to 196 Box; are hereby confirmed, ratified and approved, with said cost to be charged to the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 13 NOES- 0 No. 86 Report of Emergency Bid for Demolition of 64 Nevada Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 23, 1995 and that the contract will be awarded to the lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 64 Nevada Peter Delmonte Demolition Robert Palano $16,500.00 2319 Main St. Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body and 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 if the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated August 3, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Peter Delmonte Demolition at a cost of $16,500.00, relating to 64 Nevada; is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 87 Report of Emergency Bids for Various Addresses Due to the very serious and hazardous condition of the building located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 31, 1995 and that the contract will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 232 Roslyn - Garage Only Eastwood Industries Inc. Bonnie P. Mack $2,800.00 232 Roslyn Buffalo, New York 14215 457 Monroe Eastwood Industries Inc. Kimberly D. Redfern $6,200.00 126 Phyllis Buffalo, New York 14215 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body 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. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated August 9, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Eastwood Industries Inc. at a cost of $2,800.00, relating to 232 Roslyn, Garage Only; and at a cost of $6,200.00 relating to 457 Monroe; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 88 Report of Emergency Bids for Various Addresses Within the City Due to the very serious and hazardous condition of the building located at the below stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinance of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 1, 1995, and that the contract will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 251 Walden J. Martin John E. Minzer $6,190.00 161 Marine Dr. Apt. 3B Buffalo, New York 14204 386 Walden-Garage only Elizabeth R. Robson J. Martin 386 Walden Avenue $2,990.00 Buffalo, New York 14212 1495 Genesee Verna Brisbonet Eastwood Industries Inc. Veronica Purks $11,400.00 62 Thorton Avenue Buffalo, New York 55 Rohr Michael B. Mann J. Martin 38 Linden Park $5,190..00 Buffalo, New York 14208 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the property. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the Project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated August 9, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of a emergency demolition contracts to J. Martin at a cost of $6,190.00, relating to 251 Walden; at a cost of $2,990.00 relating to 386 Walden, Garage Only, to Eastwood Industries Inc. at a cost of $11,400.00 relating 1495 Genesee; and to J. Martin at a cost of $5,190.00 relating to 55 Rohr; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 89 Report of Emergency Demolition Bids for Various Locations Within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offer to demolish were solicited on August 15, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 108 Welker Front Only Eastwood Industries Inc. Jimmy J. Thomas $6,200.00 306 Johnson St. Buffalo, New York 919 Fillmore J. Martin Helen Davis $7,400.00 65 Harmonia Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body 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. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated August 18, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of a emergency demolition contracts to Eastwood Industries Inc. at J. a cost of $6,200.00, relating to 108 Welker Front Only; and to Martin at a cost of $7,400.00 relating to 919 Fillmore Avenue; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 1 13 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 90 Report of Emergency Demolition Bids for Various Locations Within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 18, 1995 and that the contracts will be awarded to the following lowest responsible bidders. ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 161 West Ferry J. Martin City of Buffalo, $6,990.00 363 Massachusetts J. Martin City of Buffalo $12,400.00 112-14 Jersey Alternative Demo City of Buffalo $5,900.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of these projects be charged to this department's Capital Outlay Account #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Neighborhood, Housing and Inspections, dated August 18, 1995, be received and filed; and That the award by the Commissioner of Neighborhood, Housing and Inspections of emergency demolition contracts to J. Martin at a cost of $6,990.00 relating to 161 West Ferry; at a cost of $12,400.00 relating to 363 Massachusetts; and to Alternative Demo at a cost of $5,900.00 relating to 112-114 Jersey; are hereby confirmed, ratified and approved, with said cost to be charged to the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 13 NOES- 0 No. 91 Report of Clerical Error - Rescind Demo. 109 Peach, etc. Item #99,CCP, 7/25/95 Item #57,CCP, 5/30/95 Due to a clerical error in the demolition bid results of 109 Peach Street and Garage, 257 Fox Street front & rear, 89 Wasmuth Street and 238 Lathrop Street were duplicated in CCP Item #99 dated 7/25/95. These results were reported and passed in CCP Item #57 dated 5/30/95. Therefore, we are requesting your Honorable Body to rescind CCP Item #99 dated 7/25/95. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and inspections, dated August 8, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition of the properties as listed in the above communication, Item No. 99, C.C.P., July 25, 1995, be and hereby is rescinded. PASSED. AYES- 13 NOES- 0 No. 92 D. Carr & O - Demolish 72 Peach/Donate to Board of Education Item No. 140, C.C.P. 7/25/95 In response to the above stated Common Council communication I would like to supply your Honorable body with the ' following information. 72 Peach Street in the City of Buffalo was demolished on July 24, 1995 By Joy Martin Demolition. Our records indicate that the current owner of this property is a Mr. Juan Sharp of 300 Berkshire Avenue Buffalo New York. Mr. Sharp has entered into an agreement with the City of Buffalo and has executed a consent to demolish. The owner of this property is now agreed to pay the demolition costs for the removal of this property. If the Board of Education wishes to obtain this property it will have to be done on a private basis between the current owner and the Board of Education. Before any action on this property takes place, it must be taken into consideration the owner of this property must have all taxes, water and sewer bills, and demolition costs satisfied. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 93 3250 Bailey Avenue-Liquor License Item No. 110, C.C.P. 6/27/95 This is in response to your Honorable Body's request for inspection of the above subject property for a liquor license. Please be advised an inspection was conducted on August 1, 1995 by Building Inspector Art Kostrzewa; whereby on this date he reported the legal use has been established for a tavern/restaurant per card file. There are no current open building permits and no active or pending court action. However, during his inspection several violations were noted. A letter of violation (copy attached) has been sent to the owner. A follow-up inspection will be made to insure compliance has been achieved. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 94 Liquor License Applications Item #110, C.C.P. 6/27/95 In regards to Item #110, C.C.P. 6/27/95, applications for Restaurant, Music, Coin Controlled Amusement Device and Restaurant Dance were mailed to Robert B. Williams, dba MacShaws, 3250 Bailey Avenue. REFERRED TO THE COMMITTEE ON FINANCE. No. 95 Certificate of Appointment Appointment Effective 8/30/95 in the Department of Neighborhoods, Housing & Inspections, Thomas A. Brodfuehrer, 2497 Niagara Street, Buffalo, New York 14207 to the Position of Building Inspector, Permanent, at the Intermediate Starting Salary of $32,459 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 96 Community Development Block Grant (CDBG) Entitlement Program Conflict of Interest Waiver Attached please find a communication I received from Mike Merrill, Director of Community Planning and Development Division of HUD concerning Ms. Barbara Slominiski's exception to the conflict of interest rules. Please note that the exception has been granted by HUD. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 97 Implement an Incentive Program Fir Cost Saving Measures Proposed by City Employees Item No. 211, C.C.P. 6/27/95 Early this year, Mayor Anthony M. Masiello communicated with all City employees asking for suggestions that might help to improve our current fiscal difficulties. Union Locals 650 and 264 both subsequently filed Improper Practice Charges with the Public Employment Relations Board, claiming that the City was attempting to deal directly with the employees. From a labor relations standpoint, a program that "rewards" employees with money, time off from work, etc., would compound this type of charge. I do not recommend pursuing an incentive program for the unionized workforce. Possibly an anonymous "suggestion box" is a better alternative. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 98 Memorandum of Agreement Salary Upgrade Water Service Inspector Local 264, AFSCME, AFL-CIO In resolution of a grievance and an improper practice charge filed by Local 264, AFSCME, AFL-CIO, the parties have agreed to upgrade the salary of Water Service Inspector. Further, the parties have agreed to combine the current job duties of Water Service Inspector with the job duties of Water Line Inspector. The combination of job duties reflects the parties joint, long-term commitment towards the common goal of improving operational effectiveness through the removal of barriers to improvement. This action has the approval of the Commissioner of Public Works, Joseph N. Giambra. We now ask your Honorable Body to approve this Memorandum of Agreement upgrading the classification of Water Service Inspector from salary grade 10B to salary grade 15B as listed in the current Collective Bargaining Agreement. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL. No. 99 New Affirmative Action Plan A new Affirmative Action Plan has just been authored by the Division of Labor Relations. The last plan was released under the Stanley Makowski administration in 1975. In the plan, the City pledges to give equal consideration with regard to employment opportunities and procedures to ensure fairness. Initial reviews of a draft of the plan from the U.S. Department of Justice were very favorable. Their response was that Buffalo's plan was one of the best that they have ever received. The Affirmative Action Plan states the City of Buffalo is an Equal Opportunity Employer, and as such, is committed to an active Equal Employment Opportunity Program. It is the stated policy of the City of Buffalo that all applicants and employees shall receive equal consideration and treatment without regard to race, color, religion, ancestry, national origin, age (over 40), sex, marital status, medical condition or physical disability. All recruitment, hiring, placement, transfers and promotions will be on the basis of individual skills, knowledge, abilities, and the feasibility and necessity of job accommodation, regardless of the above identified bases. All other personnel actions such as compensation, benefits, layoffs, termination, training, etc. are also administered without discrimination. The Affirmative Action Plan attempts to identify and create solutions for the underutilization of the effected groups. The Department Heads will be responsible for assuring that the City of Buffalo's affirmative Action and Equal Employment Opportunity policies and procedures are implemented and adhered to in his/her department. While the City has made big advances with regard to equal employment opportunities, some of the data does show areas of underutilization, and there are already plans in place for improving those areas. Formal and informal procedures have been developed to ensure fairness and consistency in the City of Buffalo's employment program. Any City employee or applicant for employment, who believes that he/she has been wrongfully denied equal benefits or privileges, may seek equal employment opportunity counseling or file a complaint with their Supervisor, Department Head, and/or the Director of the Division of Labor Relations. At this time, I would like to request that your Honorable Body take action to adopt this proposed plan. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL. No. 100 Local 282--Purchase 5 Vehicles with HUD Funds Item No. 131 C.C.P. 7/25/95 The administration believes that the need for the five new ladder trucks is clear, and that the process we have used in purchasing them is completely appropriate given the time frame within which the trucks are needed, HUD requirements and the City's financial situation. Nonetheless, I will address each of the points in Mr. Donnelly's letter, in order: Whether the location of the houses where new trucks will be stationed 1. meets HUD income requirements. The trucks definitely meet HUD income requirements, as stated by HUD. The Section 108 application sets forth income statistics, based on the US census, for the HUD-required radius around each station location. HUD guidelines are clear--it is the income levels within this radius that determine eligibility. In addition, though, in a recent meeting with HUD officials (at which Mr. Donnelly was present), HUD stated that the entire City of Buffalo is 57% low/moderate income (more than half); this would mean that a truck could be located virtually anywhere in the City and be eligible under HUD income requirements. Put another way, and as stated by HUD at the meeting, the truck would need to be used 100% of the time for its entire useful life in a non-low moderate neighborhood to be ineligible; this will clearly not be the case with these or any other Buffalo Fire Department trucks. Whether the Council approved the funding. 2. The Council approved this funding unanimously last June, when it approved the Year 21 application for federal block grant funds. The item was listed as a $2.2 million authorization for Section 108 debt. The Council's voting down of the "quint-midi" concept--which did occur during the City budget process--is a different matter. What the Council voted down was indeed the "quint-midi concept": the conversion of engine and ladder companies into quint-midi companies, the subsequent reduction of firefighters per company and the use of 2 firefighters on a midi truck. Other safety and legal issues. 3. We have received nothing on these items. Again, the administration believes that operating with 5 fewer trucks than necessary is an unacceptable situation, and one that must be remedied as quickly as possible for the safety of citizens and firefighters. Everything we have done to buy these trucks has been in accordance with that belief and with all applicable regulations. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 101 Review Police Vet. Holiday Program Item No. 108 C.C.P. 7/25/95 Attached is the Division of Budget's estimate of the savings that would be realized from the change. Staff are available to answer any questions you may have. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 102 Certificate of Appointment Appointment Effective July 31, 1995 in the Department Administration and Finance, Division of Parking Enforcement Carrie Genovese, 42 Hartwell Road, Buffalo, 14216 to the Position of Contract and Specification Clerk, Permanent, at the Maximum Starting Salary of $ 28,345. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 103 Appointment of Director of Substance Abuse Services Lewis E. Paige Pursuant to the powers vested in me under Article 14-A of the Charter of the City of Buffalo, please be advised that I have, appointed Mr. Lewis E. Paige, 195 Weston Avenue, Buffalo, New York 14215, Director of the Division of Substance Abuse Services effective August 17,1995. Mr. Paige has been employed with the WNY United Against Drug and Alcohol Abuse since 1989. He was primarily responsible for the effective functioning of the Community Youth Activities Program (CYAP and its satellite office) which included management, administration, financial and personnel aspects. This program was designed to reduce substance abuse and other violent and risky behaviors by reinforcing the resiliency factors of high risk, inner-city, primarily African-American Youth. CYAP succeeded with its original goals: increased awareness, education and action from mobilized community residents. Mr. Paige has a BS in Business Management from Canisius College and holds a AOS in Market Management from Bryant and Stratton. Mr. Paige has successfully implemented a Federal Funded Drug and Alcohol Prevention Program here, in Buffalo and has developed and trained staff to the point where they are some of the top people in their field. Lewis Paige is a Board Member of Canisius College's Multi-Culural Program and Alumni Board of Directors. He. is a member and Associate Minister of the Cedar Grove Baptist Church, NAACP, and has received the, Afro-American Award for outstanding Community Service. He is a former Board Member of Cazenovia Manor, Compass House and Juneteenth Festival. Based on the above, I hereby certify the Mr. Lewis E. Paige is fully qualified to serve as the Director of the Division of Substance Abuse Services. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 104 Reimbursement For Golf Pass I have been asked to write to you in behalf of Guido Quatrani of 102 Hartwell Road, Buffalo, New York 14216. Guido Quatrani is entitled to and has a N.Y. State Access Pass. Because he is not able to play golf in the hot sun, Mr. Quatrani purchased a $65.00 Senior Resident Golf Pass. When the golf pass was purchased, N.Y. State Access Pass Holdecs were limited to play during the hours of noon to 4:00 PM. (See letter attached.) The Council then changed the guidelines to enable the Access Card Holders to play in the mornings. As a result Mr. Quatrani requests reimbursement of the $65.00, since he could have played golf free using the Access Pass, if he had waited two more weeks before purchasing said pass. This is submitted to your Honorable Body for your consideration. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 105 Grant From NYS Office for the Aging The Division of Senior Services has applied for and received a one-time only grant from the New York State office for the Aging to purchase equipment and supplies for the Center's servicing low income seniors. The $15,000 will be used to purchase tables, chairs, PA system, microwave oven, art & craft supplies and the like. Your acceptance and approval of this Grant will enable us to purchase this equipment that is much needed and will enhance the quality of life for our senior citizens. Mr. Pitts moved: That the communication from the Department of Human Services, Parks & Recreation, dated August 30, 1995, be received and filed; and That the Commissioner of Human Services, Parks & Recreation be, and he hereby is authorized to accept a one time only grant in the amount of $15,000 from the New York State Office for the Aging, to purchase equipment and supplies for centers serving low income seniors, PASSED. AYES-13 NOES- 0 No. 106 Certificate of Appointment Appointment Effective August 2, 1995 in the Department of Human Services, Parks & Recreation, Division of Youth, Dexter Frank, 46 Atlantic Avenue, Buffalo, 14222, to the Position of Coordinator of Lighted Schoolhouse Program, Permanent, at the Intermediate Starting Salary of $ 28,353. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 107 Certificate of Appointment Appointment Effective August 29, 1995 in the Department of Human Services, Parks & Recreation, Division of Youth Kelly Buczkowski, 108 Downing Street, Buffalo, 14220 to the Position of Assistant Coordinator of LSHP, Provisional, at the Intermediate Starting Salary of $25,104. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 108 Certificate of Appointment Appointment Effective August 31, 1995 in the Department of Human Services, Division of Substance Abuse Services, Henry G. Pirowski, 172 14th St., Buffalo 14213, to the Position of Court Liaison Counselor/Court Program Coordinator, Provisional, at the maximum Starting Salary of $ 30,769. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 109 Certificate of Appointment Appointment Effective August 28,1995 in the Department of Human Service, Division of Parks, Mark Graci, 1119 West Avenue, Buffalo 14213, to the Position of Park Utility Worker, Temporary, at the Intermediate starting Salary $24,251. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 110 Verification of Address - Commissioner of N.H.I. Please be advised that Anthony A. Marconi, Commissioner, Department of Neighborhoods, Housing & Inspections, has submitted verification of his address at 344 Hampshire Street, Buffalo, New York 14213. Should you have any questions, please contact this office. Thank you. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 111 Operating Eng. Exam Item No. 195, CCP, 6/27/95 Please be advised that the Buffalo Municipal Civil Service Commission is not responsible for the licensing exam for stationary engineers. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 112 Notice of Hearing Rename the Intersection of Virginia and Grape Streets to Gethsemane Square (Item No. 250, C.C.P., July 25, 1995) I hereby inform you that a public hearing has been scheduled to be held before the Cononon Council at its Regular Meeting this day, at 2:00 P.M. in the Council Chamber. The notice of said hearing was published in the Buffalo News on Friday, August 18, and Friday, August 25, 1995, and copies of the publications are attached hereto. RECEIVED AND FILED. No. 113 Take From the Table Rename the Intersection of Virginia and Grape Streets to Gethsemane Square (Item No. 250, C.C.P., July 25, 1995) Mr. Pitts moved that the above item,, the subject of a hearing scheduled for this day before the Common Council, is hereby taken from the table, and is now before the Common Council for Its consideration. Seconded by Mr. Bell. ADOPTED. No. 114 Hearing Rename Intersection of Virginia and Grape Streets to Gethsemane Square (Item No. 250, C.C.P., July 25, 1995) Mr. Pitts moved that the above item is properly before the Common Council and the hearing be opened. CARRIED. Mr. Pitts moved that the hearing be closed. CARRIED. Mr. Pitts moved that, after the required public hearing held by this Common Council, the name of the Intersection of Virginia and Grape Streets, be changed to Gethsemane Square, and the City Clerk be and hereby is directed to notify, by certified copy, the proper authorities as required by Section 286-5 of the Code of the City of Buffalo. Seconded by Mrs. Williams. PASSED. AYES-13 NOES- 0. No. 115 Joint City-County Research Project Attached please find the final report of the joint City-County Reserch Project for developing a Joint Reserch Facility. This project was funded by a grant through the New York State Education Department. Since this project, if the City wishes to participate, will ultimately involve City funding, the plan should be reviewed carefully and a joint City-County Task Force, in my opinion, would need to be created. The City of Buffalo and Erie County both have Records Management Advisory Boards whose members are experts in the field of Records Management. The Buffalo Members are: Charles L. Michaux, III - Chairman Mary Bell - Buffalo & Erie County Historical Society Heidi A. Bamford Documentary Heritage Program Patricia Blackett - Buffalo & Erie County Public Library James Tammro - New York State Education Department R. Michael McNamara - Comptroller Edward D. Peace - Corporation Counsel John Zebracki - Director of Data Processing David Grandville - Mayors' Office David J. Czajka - Councilman representing Council President The office of Records Management will offer all the assistance that it can. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 116 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from July 31, 1995 through August 7, 1995. Also from Thursday, August 10, 1995 to Friday August 11, 1995 and Friday, Sept. 1, 1995 at 10:00 A.M. until Sunday, September 3, 1995 at 10:00 A.M. RECEIVED AND FILED. No. 117 Items Not Returned By Mayor I transmit herewith a list of items passed by the Council at their special meeting of Tuesday, May 22, 1995. Said items were presented to the Mayor for his signature on Tuesday, May 22, 1995. The items were not returned to the City Clerk, and Item No. 4, the 1995-96 Budget is deemed effective Wednesday, June 14, 1995. The remainder of the items are effective Friday, June 2, 1995. No. 4 No. 14 No. 24 No. 34 No. 44 No. 5 No. 15 No. 25 No. 35 No. 45 No. 6 No. 16 No. 26 No. 36 No. 46 No. 7 No. 17 No. 27 No. 37 No. 47 No. 8 No. 18 No. 28 No. 38 No. 48 No. 9 No. 19 No. 29 No. 39 No. 49 No. 10 No. 20 No. 30 No. 40 No. 50 No. 11 No. 21 No. 31 No. 41 No. 51 No. 12 No. 22 No. 32 No. 42 No. 13 No. 23 No. 33 No. 43 RECEIVED AND FILED. No. 118 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer. Mayor-Advocacy office Kleinhans-Div. of Bldgs. Law Dept. Assessment Mayor/Sr. Citizens Audit & Control-Data Processing, Real Estate RECEIVED AND FILED. No. 119 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- Eric Schmarder REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL. No. 120 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 Name 621-623 Main Breckenridge Brewery Breckenridge Brewery, Bflo., 153 Elmwood Out Back Inc C Figlia 2022 Genesee C&R's Blue Haven C. Krug Owens 1255 Broadway Toons Saloon A. Burchalewski 414 Pearl Tubby Supples Mark Supples REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS No. 121 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Mark Colern, JoMarie Barone Works- C. Carol Kane Human Service,Parks & Recreation-Henry Pirowski, M. Ferraro, Mark Graci Police- Michele Graves,Loretta Bell Fire- Daniel Alexander Street Sanitation-Charles Loubert RECEIVED AND FILED. No. 122 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority Municipal Housing Authority Zoning Board of' Appeals RECEIVED AND FILED. No. 123 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Pitts moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective July 24, 1995 in the Department of Common Council to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25 Karen E. Dempsey, 781 McKinley Parkway, Buffalo, NY 14220 Appointment Effective July 28, 1995 in the Department of Common Council to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25. Nicole Janczak, 39 Kopernick, Buffalo, 14206 Karen Chwalinski, 285 Abbey St., Buffalo, NY 14220 Garry Weiss, 94 Leddy St., Buffalo, 14210 Appointment Effective August 2,1995 in the Department of Common Council, to the Position of Intern II, Seasonal, at the Flat Starting salary of $4.25. Caitlin Connelly, 38 Woodward Ave., Buffalo, N.Y. 14214 Margaret Gustina, 111 University Ave., Buffalo, N.Y. 14214 Appointment Effective July 31,1995 in the Department of Common Council to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00. Vincent Palma, 391 Baynes St., Buffalo, 14213 Alexa Givens, 867 Parkside Ave., Buffalo, 14216 Appointment Effective August 3, 1995 in the Department of Common Council to the Position of Intern III, seasonal, at the flat Starting Salary of $5.00. Antoinette Schrader, 899 Prospect Ave. Buffalo, NY 14213 Appointment Effective July 24,1995 in the Department of Common Council the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00. Chad M. Coates, 222 Taunton, Buffalo, NY 14216 Appointment Effective August 7, 1995 in the Department of Common Council to the Position of Intern IV, Seasonal, the Flat Starting Salary of $6.00. Barakah Williams, 236 Clinton St., Buffalo, 14204 Appointment Effective July 31, 1995, in the Department of Common Council to the Position of Intern V, Seasonal, at the Flat Starting Salary of $ 8.00. David E. Collins, 108 Elmer, Buffalo, NY 14215 No. 124 Appointments-Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment effective July 24, 1995 in the Department of Mayor's Office Division of Youth Opportunities and Internship Programs to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25. Christopher A. DelValle, 702 Elmwood Avenue, Buffalo, NY 14222 Appointment Effective July 31, 1995 in the Department of Mayor's Office Division of Youth Opportunities and Internship Programs, to the Position of Intern II, Seasonal, at the Flat Starting Salary of $6.00. Bill Buyers, 48 Delsan Court, Buffalo, NY 14216-1212 Appointment Effective July 31, 1995 in the Department of Mayor's Office Division of Youth Opportunity and Internship Programs, to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25. Jay T. Sexton, 131 Colvin Avenue, Buffalo, NY 14216 Shanequa Davon Washington, 314 French, Buffalo, NY 14211 Charlzetta Hicks, 900 Jefferson, Buffalo, NY 14204 Christopher Hicks, 900 Jefferson, Buffalo, NY 14204 Appointment Effective August 1, 1995 in the Department of Mayor's office Division of Youth Opportunity and Internship Programs, to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25. Katherine DuVall, 902 Parkside, Buffalo, NY 14216 No. 125 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment Effective August 1, 1995 in the Department of Stadium and Auditorium Division of North AmeriCare Park, Laborer I, Seasonal, at the Flat Starting Salary of $6.22. Steven Belle, 722 Northumberland Ave., Buffalo, 14215 Darryl Ward, 113 Elmer Street, Buffalo, 14215 Caver, Jr., Larry, 49 Jersey Street, Buffalo, 14201 Appointment Effective August 24, 1995 in the Department of Stadium and Auditorium Division of North AmeriCare Park to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $ 6.22. Anthony Marinaccio 49 Vanderbilt St., Buffalo, 14206 Appointment Effective September 5, 1995 in the Department of Stadium and Auditorium Division of North AmeriCare Park, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22. John Palamara, 31 Commonwealth, Buffalo, 14216 Appointment Effective September 5, 1995 in the Department of Stadium & Auditorium,. Division of Memorial Auditorium Division of to the Position of Senior First Class - Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33. Jeffrey Moffett, 60 Tuscarora Rd., Buffalo, 14220 Paul Rybak, 377 Cumberland Ave., Buffalo, 14220 Johnathan Lail, 250 Marilla St., Apt 2, Buffalo, 14220 Herbert E. Hogue, Jr., 140 Breckenridge Ave., Buffalo, 14213 Alan B. Pilat, 335 Abbott Rd., Buffalo, 14220 DEPARTMENT OF AUDIT & CONTROL Appointment Effective August 21, 1995 in the Department of Audit and Control Division of Real Estate to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22. Jeffery J. Sacilowski, 49 Goodyear, Buffalo, NY 14212 DEPARTMENT OF ASSESSMENT Appointment Effective July 25, 1995 in the Department of Assessment to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20/hour Jacqueline Watts, 433 Koons Ave., Buffalo NY 14211 DEPARTMENT OF PUBLIC WORKS Appointment Effective August 1,1995 in the Department of Public Works Division of Water to the Position Of Account Clerk, seasonal, at the flat Starting Salary of $5.46/hr. Kathleen Wachowicz, 81 Barnard St., Buffalo 14206 Appointment Effective August 1, 1995 in the Department of Public Works Division of Water, to the Position of Clerk, seasonal, at the flat Starting Salary of $5.20/hr. Connie L. Crocker, 55 Millicent, Buffalo 14215 Jeri F. Penders, 90 Roanoke Pkwy., Buffalo 14210 Appointment Effective July 28, 1995 in the Department of Public Works Division of Engineering to the Position Of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr. Thomas W. Heilig, 68 McCamley Street, Buffalo 14220 Appointment Effective July 25, 1995 in the Department of Public Works Division of Water to the Position of Water Service Worker, seasonal, at the flat Starting Salary of $ 6.26/hr. Salvatore A. Vacanti, 46 Woodette, Buffalo, NY 14207 Appointment Effective August 16, 1995 in the Department of Public Works Division of Water, to the Position of Account Clerk, Temporary, at the flat Starting Salary of $5.46/hr. Helen A. Miranda, 7 Susan Lane, Buffalo, 14220 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective July 25, 1995 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Tifiny R. McDowell, 5 East Oakwood, Buffalo 14214 Fredrick Peoples, 9 Bennett Village, Buffalo 14214 Tay Young, 1270 Kensington, Buffalo 14215 DiMarco Hanley, 37 Blaine, Buffalo 14208 Lakisha Fonville, 21 Cambridge, Buffalo 14215 Tara Dixon, 144 Blaine, Buffalo 14208 Appointment Effective July 27, 1995, in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Dwayne Ferguson, 615 South Division, Buffalo 14211 Appointment Effective August 3, 1995 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Attendant Temporary, at the Flat Starting Salary of $4.42 p/h. Robert Dempsey, 140 Elmwood, Buffalo 14201 Twan S. Burts, 27 Strauss, Buffalo 14212 Joseph A. House, 93 Durham, Buffalo 14215 Appointment Effective July 25,1995 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h. Steven C. Porter, 675 Delaware, Buffalo 14202 Appointment effective July 27, 1993 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Supervisor Temporary, at the Flat Starting Salary of $5.20 p/h. Michael Blake, 77 Spaulding, Buffalo 14220 Deborah Mikolajewski, 494 South Ogden, Buffalo 14206 Appointment Effective August 21,1995 in the Department of Human Services, Parks & Recreation,Division of Youth to the Position of Community Aide,Temporary, at the Flat Starting Salary of $5.46 p/h. Tashia White, 56 East Ferry Street, Buffalo, 14208 Walter Kemp, 171 Burke Drive, Buffalo, 14215 Mignon D. Johnson, 75 Schreck Ave. #1, Buffalo, 14215 David McFarland, 167 Kenefick Street, Buffalo, 14220 Marie Adams, 325 Linden Avenue, Buffalo, 14216 Rena Greico, 51 Delsan Court, Buffalo, 14216 Karl Zielezinski, 45 Domedion Avenue, Buffalo, 14211 June Malkiewicz, 31 Essex Street, Buffalo, 14213 Barbara Jones, 47 Amsterdam Avenue, Buffalo, 14215 Lillie Darby, 550 Hewitt Avenue, Buffalo, 14215 Teasleeman Hulett 720 Norfolk Avenue, Buffalo, 14215 April Marruffo, 92 Weyand Avenue, Buffalo, 14210 Ruthie Smith, 923 Smith Street, Buffalo, 14206 Appointment Effective August 24, 1995 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Community Aide, Temporary, at the Flat Starting Salary of $5.46 Hr. Ebony Patterson, 179 Brunswick Blvd., Buffalo, NY 14208 Appointment Effective July 31,1995 in the Department of Human Services Division of Recreation to the Position Of Laborer II, Seasonal, at the Flat Starting Salary of $6.92. Paul Crowley, 40 Portland, Buffalo 14220 Appointment Effective July 27, 1995 in the Department of Human Resources, Division of Youth, to the Position of Community Field Worker, Temporary, at the Flat Starting Salary of $6.55 Hour. Clare Yager, 99 Hollywood Avenue, Buffalo, 14220 Appointment Effective July 26,1995 in the Department of Human Services, Division of Parks, to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94. Joseph Andriaccio, 43 Windsor, Buffalo 14209 Appointment Effective July 26,1995 in the Department of Human Services, Division of Parks, to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94. Margaret Dirig, 820 West, Buffalo 14213 Appointment Effective 7/25/95 in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services, Art Program Aide, Temporary, at the Flat Starting Salary Of $10.00 hr. Vera Medley-Foster, 804 Humboldt Parkway, Buffalo, NY 14211 Appointment Effective August 7, 1995 in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services, to the Position of Art Program Aide, Temporary, at the Flat Starting Salary of $10.00 hr. James R. Dupree, 514 Riley, Buffalo 14208 Appointment Effective August 14,1995 in the Department of Human Services Division of Parks to the Position of Laborer II, Temporary, at the Minimum Starting Salary of $9.85. Kenneth Stevens Jr., 106 Timon, Buffalo 14211 DEPARTMENT OF STREET SANITATION Appointment Effective July 3, 1995 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the flat Starting Salary of $6.92 hr. Louis M. Arroyo, 163 Fargo Avenue, Buffalo, New York 14201 Mark Baker, 98 Manhattan Street, Buffalo, New York 14215 Stephen T. Banko, 135 Harding Avenue, Buffalo, NY 14220 Charles T. Cirringione, 62 Alden Avenue, Buffalo, NY 14216 Walter Cromer, 212 Monroe Street, Buffalo, New York 14206 Matthew Cybulski, 90 Ideal Street, Buffalo, New York 14206 Collin Davis, 627 Broadway, Buffalo, New York 14212 Cleveland Kirkland, 148 Norwalk Avenue, Buffalo, NY 14216 Charles G. Lockwood, 185 Potomac Avenue, Buffalo, NY 14213 Shannon V. Long, 134 Ramsdell Avenue, Buffalo, NY 14216 Charles L. Loubert, 906 Prospect Avenue, Buffalo, NY 14213 David J. Maloney Jr., 21 Mumford Avenue, Buffalo, NY 14220 Gerald McClinton, 41 Laurel Street, Buffalo, New York 14209 Leonard J. Merlo, 332 Grant Street, Buffalo, New York 14213 Charles E. Tinney, 22 Willowlawn, Buffalo, New York 14214 Darren J. Toczek, 147 Bush Street, Buffalo, New York 14207 Wilson B. Vasquez, 101 Lakeview, Buffalo, New York 14201 Larry L. Walker, 25 Oxford Place, Buffalo, New York 14204 Ernest Watson, 32 Davis Street, Buffalo, New York 14214 Frank J. Zorechak, 136 Lafayette Avenue, Buffalo, NY 14213 Roberto Diaz, 270 Pennsylvania Street Buffalo, New York 14201 Joseph A. Fahey, 382 Abbott Road, Buffalo, New York 14220 Joseph J. Felton, 24 Hartwell Road, Buffalo, New York 14216 Irving L. Fowler, 208 Best Street, Buffalo, New York 14209 Mark J. Giardina, 74 Tennyson Avenue, Buffalo, NY 14216 Charles A. Guagliano, 181 Congress Street, Buffalo, NY 14213 Christopher E. Joyce, 131 Coolidge Road, Buffalo, NY 14220 John J. Miceli, 410 Massachusetts Ave., Buffalo, NY 14213 Charles G. Redden, 1013 Smith Street, Buffalo, New York 14212 John N. Scardino, 47 Coburg Street, Buffalo, New York 14216 Dennis M. Slomba, 190 O'Connell Avenue, Buffalo, NY 14210 Jules A. Stover, 254 Watson Street, Buffalo, New York 14206 Terrence J. Sullivan, 415 Smith Street, Buffalo, New York 14210 John Thomas, 38 A Altruria Street, Buffalo, New York 14220 Appointment Effective July 24, 1995 in the Department of Street Sanitation to the Position of Seasonal Laborer II, at the Flat Starting Salary of $6.92. John J. Gateff, 228 Baynes, Buffalo, New York 14213 Appointment Effective July 25, 1995 in the Department of Street Sanitation to the Position of Seasonal Laborer II, at the flat Starting Salary of $6.92 hr. Christopher A. Howells, 81 Bridgeman, Buffalo, New York 14206 DEPARTMENT OF GENERAL SERVICES Appointment Effective August 14, 1995 in the Department of General Services Division of Inventory & Stores, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92/Hr. Edward Brown, 1554 Delaware Ave. Apt. #2, Buffalo, NY 14209 Appointment Effective August 22, 1995 in the Department of General Services Division of Inventory and Stores to the Position of Laborer II, seasonal, at the Flat Starting Salary of $6.92/Hr. Liam C. Caulfield, 67 Shenandoah Rd., Buffalo, NY 14220 Luis T. Feliciano, 79 Manchester Pl., Buffalo, NY 14213 No. 126 Appointments-Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF PUBLIC WORKS Appointment Effective August 30, 1995 in the Department of Public Works, Division of Engineering, to the Position of Engineering Aide,Permanent, at the Minimum Starting Salary of $22,257. Eric D. Schmarder, 51 Cheltenham Drive, Buffalo 14216 Appointment Effective July 31, 1995 in the Department of Public Works, Division of Water to the Position of Water Meter Mechanic, Permanent, at the Minimum Starting Salary of $22,266. James J. Rusin, 57 Cochrane Street, Buffalo, 14206 Appointment Effective July 31, 1995 in the Department of Public Works, Division of Water, to the position of Water Meter Mechanic Helper, Permanent, at the Minimum starting salary of $21,209.00 Brian A. Peterson, 253 Villa Ave., Buffalo 14216 Appointment Effective July 26, 1995 in the Department of Public Works Division Of Engineering to the Position Of Laborer II, permanent, at the Minimum Starting Salary of $20,488. Joseph M. Masi, 907 Niagara Street, Buffalolo, NY 14213 Appointment Effective August 14, 1995 in the Department of Public Works Division of Buildings, to the Position of Laborer I, Temporary, at the Minimum Starting Salary of $9.02 hr. Victor C. Orlando, 232 Linden Avenue, Buffalo 14216 DEPARTMENT OF POLICE Appointment effective July 29, 1995 in the Department of Police, to the Position of Police officer, Permanent, at the Minimum Starting Salary of $30,860. John W. Dixon, 60 Poplar Avenue, Buffalo 14211 Gregg A O'Shei, 66 Unger Avenue, Buffalo 14210 Timothy P. O'Neill, 47 Marine Dr. Apt 6H, Buffalo 14202 Sean P. Phillips, 187 Rebecca Park, Buffalo 14207 Robert V Rosenswie III, 40 Edgewood Avenue, Buffalo 14220 Deana M. Pettys, 322 Wellington Road, Buffalo 14216 Kimberly A Monteforte, 64 Taunton Place, Buffalo 14216 Nathan L Goldsmith, 660 Auburn, Buffalo 14222 Johnathan E Clemons, 60 Erskine, Buffalo 14215 David L Aldridge, 52 Kirkpatrick Street, Buffalo 14215 Appointment Effective July 31, 1995 in the Department of Police, to the Position of Report Technician, Permanent, at the Minimum Starting Salary of $21,126. Barbara J Mantione, 135 Riverside Avenue, Buffalo 14207 Sharon A Fay, 293 Cumberland Avenue, Buffalo 14220 Rebecca Mancino, 30 Avery Avenue, Buffalo 14216 Jill Repman-Parisi, 178 Ridgewood Road, Buffalo 14220 Jeanne M Meyler, 62 Bloomfield Avenue, Buffalo 14220 Lori Jachimowicz, 822 Tifft Street, Buffalo 14220 Christina L Barnas, 393 Newburgh Avenue, Buffalo 14215 Elizabeth Raimond, 225 Villa Avenue, Buffalo 14216 Michele Graves, 116 Fairfield, Buffalo 14214 Monica L Dougherty, 485 Downing Street, Buffalo 14220 Appointment Effective August 17, 1995 in the Department of Police, to the Position Of Head Janitor, Permanent, at the Minimum Starting Salary of $21,706. William Meredith, 156 Hamburg, Buffalo, New York 14204 Appointment effective 08-17-95 in the Department of Police, to the Position of Sr. Cellblock Attendant, Temporary, at the Minimum Starting Salary of $24,405. Kate McKeating, 164 Tuscarora Road, Buffalo, New York 14220 Appointment effective August 21,1995 in the Department of Police to the Position of Laborer I, Permanent, at the Minimum Starting Salary of $18,761. Kelly C. Derfert, 61 Pontiac Street, Buffalo, N.Y. 14206 DEPARTMENT OF FIRE Appointment Effective July 31, 1995 in the Department of Fire to the Position of Division Chief, Permanent, at the maximum/flat Starting Salary of $60,906. George Coates, 937 Carter Creek Drive, Grand Island 14072 Appointment Effective July 31, 1995 in the Department of Fire to the Position of Captain, permanent, at the maximum / flat Starting Salary of $50,763. Timothy Hazelet, 86 Shoreham, 14216 Patrick Britzzalaro, 41 Cushing, 14220 Michael Lombardo, 42 Highland Drive, Wms. 14221 Robert lzydorczak, 1480 Stolle Road Elma 14059 Appointment effective July 31, 1995 in the Department of Fire to the position of Captain, contingent permanent, at the maximum/flat starting salary of $50,763. Edward McGowan, 784 Tifft Street, 14220 William Clotfelter, 268 Miller Street, Depew, 14083 Appointment Effective July 31, 1995 in the Department of Fire to the Position of Bat. Chief, permanent, at the maximum/flat Starting Salary of $ 55,349. Thomas Brummer, 37 Poincianna Pkwy., 14225 Joseph Mehltretter, 34 Old Farm Road, Orchard Park 14127 Appointment effective July 31, 1995 in the Department of Fire to the Position of Bat. Chief, contingent permanent, at the maximum/flat starting salary of $55,349. Anthony Hynes, 6399 Mayflower Lane, Lakeview 14085 Appointment Effective July 31, 1995 in the Department of Fire to the Position of Lieutenant, permanent, at the maximum/flat Starting Salary of $48,310. Thomas Rapp, 278 Desmond Drive, Tonawanda, 14150 William Smith, 87 O'Connor, 14220 George Huber, 66 W. Hazeltine, 14217 Daniel Alexander, 278 Norwalk, 14216 Jeffrey Crawford, 101 Roehrer, 14208 Joseph Fahey, 232 Lorfield Drive, Amherst 14226 Kenneth Poczkalski, 42 Layer, 14207 Joseph Foley, 70 Richfield, 14220 Gerald Tomassi, 11559 Snyder Road, Springville, 14141 Appointment Effective July 31, 1995 in the Department of Fire to the Position of Lieutenant, contingent permanent, at the maximum/flat Starting Salary Of $48,310. Peter Lotocki, Jr., 3639 Cumberland Avenue,Hamburg, 14075 Thomas Mascellino, 250 Glencove Road, 14223 Appointment Effective 8/21/95 in the Department of Fire, Division of Fire Alarm and Telegraph, to the Position Of Assistant Fire Alarm Dispatcher, Permanent, at the Flat/ Maximum Starting Salary of $45,693. Michael S. Zarbo, 4008 Crescent Drive, No. Tonawanda, N.Y. 14120 Appointment Effective 8/21/95 in the Department of Fire, Division of Firefighting Services to the Position of Fire Captain, Contingent permanent, at the Maximum/Flat Starting Salary of $ 50,763. Thomas M. Fitzpatrick, 421 Woodside Ave., Buffalo, NY 14220 Appointment Effective 8/21/95 in the Department of Fire, Division of Firefighting Services, to the Position of Fire Lieutenant, Contingent Permanent, at the maximum/Flat Starting Salary of $48,310. John P. Quinlivan, 554 Downing Street, Buffalo, NY 14220 DEPARTMENT OF NEIGHBORHOOD, HOUSING & INSPECTIONS Appointment Effective August 28, 1995 in the Department of Neighborhood, Housing and Inspections, Division of Housing & Inspections, to the Position of Clerk, Provisional, at the Minimum Starting Salary of $20,215. Shawn Marie Bailey, 74 Putnam St., Buffalo, NY 14213 Appointment Effective 8/22/95 in the Department of Neighborhoods, Housing & Inspections, Division of Housing & Inspections, to the Position of Supervisor of Licenses, Provisional, at the Minimum Starting Salary of $31,858. Patrick Sole, Jr., 515 Plymouth, Buffalo, NY 14213 DEPARTMENT OF STREET SANITATION Appointment Effective August 22, 1995 in the Department of Street Sanitation to the Position of Laborer II, Permanent, at the Minimum Starting Salary of $9.85 hr. Robert J. Meldrum, 461 Hewitt Avenue, Buffalo, New York 14215 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment Effective July 26, 1995 in the Department of Administration and Finance Division of Parking Enforcement, to the Position of Code Enforcement officer, Provisional, at the Minimum Starting Salary of $22,944. Pascal S. Panaro, Jr, 776 Richmond Avenue, Buffalo, NY 14222 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective September 1 , 1995 in the Department of Human Services , Parks & Recreation, Division of Youth, to the Position of Youth Court Program Administrative Aide Temporary, at the Flat Starting Salary of $13,475. Clare Yager, 99 Hollywood Avenue, Buffalo, 14220 Appointment Effective August 15, 1995 in the Department of Human Services, Packs & Recreation Division of Youth, to the Position of supervisor, Temporary, at the Flat Starting Salary of $4.42 hr. Joseph Golombek Jr., 51 Wyandotte, Buffalo 14207 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 127 ADVANCED MACHINERY SALES, LTD. Request-Purchase 413 E.Delavan We are currently in the process of negotiating the purchase of the facility formerly known as Colonial Iron Works, located at 129 & 131 Mohican Avenue, Buffalo, New York 14211. The City of Buffalo currently owns the vacant land adjacent to this property at 413 East Delevan Avenue, of which we would be interested in acquiring in conjunction with and contingent to our purchasing 129 & 131 Mohican Avenue. Our reason for acquiring this property is to allow for our future growth and to provide direct access to East Delevan for our truck traffic. This will also minimize the inconvenience to the residence of Mohican Avenue. Our short term plan is to clean the landscape and secure the property to prevent any future dumping or vandalism. I am in the process of obtaining two appraisals from the cities approved list of appraisers for the vacant property. Upon receipt of these appraisals we will submit a formal purchase offer to the appropriate department. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 128 AFRICANA RESEARCH MUSEUM Request City Donate 854 & 864 Main For Museum We the members of The New York International African Institute, Inc., are pleased to inform you that our Third International African Summit is scheduled to be held at the Buffalo Hilton from November 15th-18th, 1995. Our Washington-New York City office has reported that over 150 individuals-mostly African diplomats, and executives of multinational corporations, and higher educational centers, are expected to attend.. The theme, "Exploring The Potentials of The African World", will focus on recent educational, cultural and economic reforms, and healthcare in Africa. The goal is to promote economic-cultural linkages between Africa and America. The Summit itineraries will include presentations (by officials of African governments, universities, and national and multinational corporations, Trade And International Job Fair, and a special exhibition featuring Africa's cultural and industrial heritage (e.g. gold, diamond, rubber, ceramics, iron and, produce, textiles and manufactured goods). The lease of our 345 Franklin Avenue Africana Research Museum is expired, and the Institute does not have the funds to renew another $20,000.00 annual lease. We are requesting the City of Buffalo to donate a building to the Institute. Presently, we have identified 854 and 864 Main Street as the site that is most suitable to our multi-purpose museum programs. The funds that we raise can be used to renovate the buildings and to pay for the costs of utilities and operations. We are also requesting for your usual support to make the Summit a success. A list of key dignitaries will be submitted to you by September 30, 1995. The New York International African Institute was founded in 1989 by Dr. Sam Pittee-Polkah Toe, incorporated by the State of New York in 1993, and approved by the U.S. Federal Government in 1994 as a 501 (3) (C) nonprofit and nonpolitical multiethnic and multiracial Africana resource center. The Institute has a mission to bring Africa closer to North America through research, education, documentation, publication, exhibition and exchange, and to educate the public about the virtues, heritage and positive contributions of African Americans, Africans, Caribbeans, etc. Kindest regards and many thanks for your usual patronage. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 129 S. ANDERSON Proposed U.S Government Use of Land Adjacent to Naval Center Enclosed please find lease and blueprint for proposed U.S. Government use of City of Buffalo land adjacent to the Naval and Marine Corps reserve readiness center. REFERRED TO THE COMMITTEE ON FINANCE. No. 130 F. BAKER City Sponsorship - S.S.Canadiana Because of the previous financial investment by the City of Buffalo to the restoration of the S.S. Canadiana along with the current confusion caused by the Buffalo News regarding our project, whereby a $400,000.00 grant we were awarded from New York State, may be lost to us and so too the benefits to the City of Buffalo and all of Western New York, we would like this letter filed with the Council and for representatives of our organization to appear before them regarding the city's sponsorship and subsequent change of heart and refusal to follow through on this sponsorship. We would request, if possible, to appear before both the Legislative and the Economic Committees. We would explain how the $400,000.00 and all else that will be lost if the current situation is allowed to prevail; why and how the News was wrong in all their beliefs and uninformed opinions, why we believe such misinformation was put forth, and lastly, to show to everyone's satisfaction, that we are in fact, a no cost, golden opportunity for the City of Buffalo to take advantage of. As the ISTEA review board saw; the S. S. Canadiana will enhance areas such as jobs and economic development, tourism, education, and cultural along with preserving Buffalo's maritime and shipbuilding history. It will provide affordable access to the lake for thousands of Buffalo and W.N.Y. families and create an activity center without equal on the waterfront.. We do have the experts in our organization who have done this before and know it can be done again. We refer of course, to the S.S. Trillium in Toronto and H. M. C. S. Segwin in Gravenurst; two very popular and similar restorations done from ships in the same sorry state as some think the Canadiana is in now. Those are just two examples. Anyone who says the Canadiana can't be done is simply wrong... We do have the people who can bring back the ship to a thriving, sailing operation. It can be done and the Council must know the facts. Thank you. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 131 RUTH BLOCK Request Reinstatement of Time Due to the denial of my NYS Worker's Compensation claim, and being advised by Paul DeFranks, I am requesting the Council reinstate the time I lost from work. My time loss was due to severely strained vocal cords, which came from working a year without a head set, answering the main switch board and taking messages. My department said there was no money to get me the head set I needed. They did replace it the day I returned to work after being off from May 5, 1995 to June 5, 1995. Dr. Michael Haar had me on total voice rest during that period, after surgery Time loss was: Vacation- 14 days Sick 4 3/4 days Personal Leave 1 day Comp. Time 2 hours. 19 3/4 days and 2 hours I am respectfully requesting council to please give me back the time. Enclosed are a copy of all the papers filed with the NYS Compensation Board and the denial (case closed letter) Thank you for your time and consideration in this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 132 BCAM Proposed Budget For Remainder of FY 95-96 Buffalo Cable Access Media (BCAM), is requesting the Buffalo Common council approve its budget for the remainder of FY 95-96. The period in which this request is being sought for is from August 13, 1995 - June 30, 1996. BCAM's contract with the City makes provisions for funding to be disbursed to the organization on a quarterly basis. In following these provisions BCAM requests $8,400, the balance from the first quarter. And $25,000 for the second quarter, October - December; for a total of $33,400. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 133 BEDC 1995 - 1996 Budget Pursuant to the Charter and ordinances of the City of Buffalo, Article IV - City Development Agencies - Section 6-22, we are hereby submitting a copy of the Buffalo Enterprise Development Corporation Budget for the fiscal year commencing June 1, 1995. Please be advised that the BEDC Board of Directors approved the budget at its July 26, 1995 meeting and the BURA approved the work program/budget at its August 10, 1995 meeting. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 134 BFLO. FEDERAL CREDIT UNION Proposed Fence-Staats St. Item #64 C.C.P. July 25, 1995 The Buffalo Metropolitan Federal Credit Union has preliminary plans to reopen the drive through window, which is located on the north side of our building, in the near future. Our concern about the proposed fencing of Staats St. is that we are anticipating having an exit on Staats St. for our drive through customers. As such, we would have no objection to the fence provided it would not prevent us from accomplishing the above. This project is one of many designed to make our facility more accessible to our membership both inside and out. REFERRED TO THE COMMITTEE ON FINANCE. No. 135 CHILDREN'S HOSPITAL Request for Easement - City Pkg. Lot on Hodge St. Over the last period of time, staff persons of The Children's Hospital of Buffalo and various City administrators, along with David State, Esq. have been in discussions relative to the establishment of an easement by The Children's Hospital of Buffalo on property owned by the City of Buffalo to operate a parking ramp. This letter serves as our formal request for the City of Buffalo to seek proper approval for this easement. The Children's Hospital of Buffalo is planning to construct a medical office building on property located on Hodge Street adjacent to property owned by the City of Buffalo and used to provide parking facilities. We seek to secure a 20-foot wide easement on the City-owned parking lot due to the proximity of the planned medical office building to the green space in front of the City-owned land. We appreciate your timely attention to this request. RECEIVED AND FILED. No. 136 ELLICOTT DEV. CO. 188 Madison - Application to Purchase From City I have your letter of July 27, 1995. We submit the enclosed information pursuant to the request of the Council, however, with the understanding that said information is privileged and propriety. I am enclosing herewith a Schedule of the names of the owners of Paladino Development Group, Inc., which owns a 100% interest in its subsidiary corporation, 9274 Group, Inc. We will attend the next meeting of the Finance Committee of the Common Council scheduled for Tuesday, September 12, 1995, at 10:00 a.m. in the Common Council Chambers. Thank you for your attention to the above. REFERRED TO THE COMMITTEE ON FINANCE. No. 137 FRIENDSHIP FESTIVAL Use LaSalle Park - Festival in 1996 On behalf of the Board of Directors for Fort Erie Festivals Inc., and in conjunction with our international FRIENDSHIP FESTIVALS with Buffalo, New York I would like to book, for next year's 10th anniversary (FRIENDSHIP FESTIVAL '96) Lasalle Park from Thursday, July 4, 1996 until Sunday, July 7, 1996 inclusive. Having these dates set aside our festival staff will be able to get an early start on the activities for next year's special festivities. Your earliest attention to this matter would be greatly appreciated and we look forward to hearing from you with regards to these dates. If you have any questions or concerns regarding this matter please contact the Fort Erie Festivals office (1-905-871-6454) at your convenience. Thanking you in advance, I remain, REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION AND THE CORPORATION COUNSEL. No. 138 PERCY GREEN Buy Back 2570 Bailey For Taxes Owed My name is Percy Green and I live at 84 Olympic Avenue. Recently I received a notice that a piece of property was going to be auctioned by the county. Since I received the notice too late, this property 2570 Bailey Avenue was struck to the city for less than $1500.00. Now that the city has the property, I would like to make some sort of arrangement with the city to buy back 2570 Bailey for the taxes owed. Since I am unable to get around, as I once was able to, I admit to thus being, not watchful and if you ladies and gentlemen will agree to this, I will endeavor to maintain my future obligations. I am willing to appear before the common council any time, and when you may require me to ever, regarding this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 139 HABITAT FOR HUMANITY Claim-54 Oberlin The city of Buffalo, without notice to or the consent of Habitat for Humanity/Buffalo Inc., owner of 54 Oberlin since 3/25/94), dug up and disconnected the water and sewer lines for said property. Attached is the invoice copy in the amount of $3,550.00 REFERRED TO THE COMMITTEE ON CLAIMS. No. 140 REV. JAMES HEMPHILL Abate Grass Cutting Charge-154 Woodlawn Please have the Common Council abate the liens placed on my property at 154 Woodlawn Ave., for alleged grass cutting. I have a sit-down riding mower. The City did not cut grass on any of my lots for the year 1994 and 1995. I can produce neighbors in the Community who can attest to the fact that the City did not cut grass on my lots. Thanking you in advance for your cooperation. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND THE CORPORATION COUNSEL. No. 141 INDEPENDENT LIVING CENTER Concerns - Restricted Use Permits Human Service Facilities I am writing to you to express the Independent Living Center's concern about the Restricted Use Permit (Article XVII) ordinance. While the ILC shares the community concern regarding the saturation of the some neighborhoods with human service agencies, and we support the right of citizens to effect change to protect their neighborhood, we are outraged by potential for discrimination in the provision of necessary services for citizens with special needs within the City of Buffalo. What angers us the greatest is the idea that agencies providing vital services to protect the lives and health of citizens are attempting to be legislated in the name of "Property Value" or "Neighborhood Demographics." Persons with special needs are perceiving an increase in the "Not in my Backyard" mentality on all levels of government, and the potential for discriminatory action as a result of this ordinance seems to us as a strong possibility. When combined with the Permanent Human Service Siting Committee resolution passed by the Erie County Legislature, results of the ordinance could lead to service agencies leaving this area. This will lead to loss of not just valuable programs, but the job base of both agency providers and the people they serve, who will not be able to become contributing citizens without the services these agencies provide. In closing, we would ask that you reconsider the modification to chapter 511 of the Code of the City of Buffalo. The ILC asks that you consider where the "social compass" of the Western New York Community is pointing. We feel that if changes are not strongly considered, persons with special needs will regress down a path of social degradation which, in my opinion, would be far more detrimental than the current state of "saturation" that this ordinance claims it is meant to fight. There are other ways to insure that the appropriate community gets the proper service. Scapegoating an entire group of special needs organizations is too close to the mistakes of the past. May I suggest, at the minimum, that you delay inaction of the bill to allow for the city to take full advantage of the Erie County Permanent Human Services Siting Committee. By placing proper city representation on the committee, each situation may be weighed on its individual merit, and the effect of the agencies placement can be considered in terms of the entire Western New York community, and not just an individual neighborhood. We thank you for your time and cooperation. If you have any questions or concerns, please feel free to contact the ILC at the number listed above. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 142 F. JOSKER Proposal to Purchase Property at 384 Broadway For $1.00 In the present situation the above mentioned building is being vandalized and in need of major repairs. Based on my inspection of the interior, I have observed the following; 1.) Because the entire roof is leaking, the interior walls are disintegrating. 2) The electrical wiring and metal pipes are being removed for their salvage value. 3) Because of the water in the basement, the heating system is totally inoperable. 4) All of the large windows and frames on the ground floor, have been completely destroyed. On the exterior of the building (approx. 20 ft. up from the ground floor.) is a heavy concrete overhand, that has deteriorated to the point that it's falling onto the pedestrian sidewalk. I believe because of the current condition of the building and the ensuing winter, by the spring of 1996 the building will be beyond repair. My intended use of the building is to manufacture a product that will be sold Nationally. The City of Buffalo will benefit by; a.) The creation of 25 new jobs. b.) Restoring the property to the tax roles. c.) 90% of my supplies for manufacturing will be purchased from other Buffalo Companies. d.) The rebuilding of the East Side. I am a native of Buffalo and proud of it, I will work to bring other Companies, to the Great City of Buffalo. Thank you for your time and consideration. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 143 KLEINHANS MUSIC HALL MANAGEMENT, INC. Info-Contract Extension I am in receipt of Mary Lou Hooper's letter to Douglas Lengyel dated July 12, 1995. In response to Mary Lou Hooper's first question': 1. The figure collected and in escrow is $1,685.40. No part of this has been used for operations or administration. 2. The Buffalo Philharmonic Orchestra Society, Inc. collected the 5% tax on its own ticket sales. No part of that has been forwarded to Kleinhans Music Hall Management, Inc. nor has any written accounting as to same been given us. We were told that the sum involved is approximately $100,000. We have no knowledge as to whether any of this has been used for operations or administration. 3. Most of our other lessees (high school and college commencements; religious programming etc.) do not charge admission and therefore no tax is paid or collected. We understand that QRS Arts Foundation advised the Common Council that it would not pay the 52 tax and most if its programming is now out of the Music Hall. In response to Mary Lou Hooper's second question, no funds were provided by the City to Kleinhans Music Hall Management, Inc. for the Summer season nor has there been any change in scheduling (the renovation work) as respects Kleinhans Music Hall. I believe that the funding referred to was to the Buffalo Philharmonic Orchestra Society, Inc., whose Summer season was canceled. This question should be addressed to the Buffalo Philharmonic Orchestra Society, Inc., a separate and distinct entity from Kleinhans Music Hall Management, Inc., We have no knowledge as respects this. Please call me should you have any further questions. REFERRED TO THE COMMITTEE ON FINANCE. No. 144 J. MAZZA Acting Pay Deputy Director Division of Substance Abuse I am requesting acting pay for myself Joseph M. Mazza, Deputy Director of Substance Abuse Services, who functioned in the title of Division Director from January 4, 1993 to August 5, 1993. 1 was appointed Acting Division Director by then Donald 0. Allen, Commissioner of Human Resources (see attached). Also note a similar request was submitted by Jesse Carmichael in 1991 and was approved by the Claims Division and the Common Council. The amount of acting pay is $5,081.64. The breakdown is as follows: Director Daily Rate $ 178.35 Deputy Director Daily Rate 142.31 Difference in Pay $ 36.04 x 141 days = $5,081.64 Pay Period #15 01/04/93 to 01/17/93 10 days Pay Period #16 01/18/93 to 01/31/9 3 9 days Pay Period #17 02/01/93 to 02/14/93 10 days Pay Period #18 02/15/93 to 02/28/93 9 days Pay Period #19 03/01/93 to 03/14/93 10 days Pay Period #20 03/15/93 to 03/28/93 10 days Pay Period #21 03/29/93 to 04/11/93 9 days Pay Period #22 04/12/93 to 04/25/93 10 days Pay Period #23 04/26/93 to 05/09/93 10 days Pay Period #24 05/10/93 to 05/23/93 10 days Pay Period #25 05/24/93 to 06/06/93 3 days Pay Period #26 06/07/93 to 06/20/93 9 days Pay Period #27 06/21/93 to 06/30/93 8 days Pay Period # 1 07/01/93 to 07/04/93 2 days Pay Period # 2 07/05/93 to 07/18/93 9 days Pay Period # 3 07/19/93 to 08/01/93 10 days Pay Period # 4 08/02/93 to 08/15/93 3 days Your consideration and cooperation is greatly appreciated. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 145 NFTA Negative Declaration - SBH Fish Cleaning Station Attached please find a copy of the Small Boat Harbor (SBH) Fish Cleaning Station Negative Declaration. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 146 NYS AGRICULTURE & MARKETS. Spay-Neuter Program - Additional Fees On August 2, 1995 a bill became law providing for the Subsidized spaying and neutering of dogs and cats adopted from animal shelters in New York State. The new law takes effect January 29, 1996. Funds for the program will come from an additional $3.00 added to the license fee for unneutered or un-spayed dogs six months of age or older. The additional $3.00 must be collected by licensing clerks and shelter managers when licenses for unspayed or unneutered dogs are issued or renewed. As a result of the new law, the $3.00 additional license fee must be collected by you starting on Monday, January 29, 1996. Because the Department won't be able to change the preprinted DL-2 for your January dog license renewals, please remember to collect the additional $3.00 with each dog license you issue, transfer or renew for unspayed or unneutered dogs six months of age or older on January 29, 30 and 31, 1996. Dog license renewals, DL-2's, for February 1996 and after will have the additional $3.00 fee added to the license fee. Remember also to collect the additional $3.00 when you use DL-1, DL-2A DL-15. With regard to purebred licenses, $3.00 must be collected for each unspayed or unneutered dog six months of age or older covered by a purebred license. The Department expects to have new monthly report forms, with space to account for the additional $3.00, to you before February of 1996. This will let you report your January collections without any additional paperwork. When you send in your monthly report, please attach a check for the total amount of the additional fee which you collected for that month. The additional fee is sent directly to the Department which will deposit it in a fund to pay for the spaying and neutering program. RECEIVED AND FILED. No. 147 NYS ASSEMBLY Casino Gambling This will acknowledge receipt of the resolution recently forwarded from the Common Council dealing with a constitutional amendment authorizing casino gambling in New York State. Now that the Legislature has recessed, I wanted to bring you up to date on the action taken on this issue. Both houses of the Legislature gave first passage to a constitutional amendment which would allow casino gaming in certain areas of the state. The measure would permit land-based casinos in Buffalo and Niagara Falls, as well as in Greene, Sullivan and Ulster counties and in either Saratoga or Warren county. Counties would have to be authorized by a countywide public referendum to operate casinos. Also, with the exception of New York City and Nassau and Tioga Counties, racetracks throughout the state would be permitted to operate electronic games of chance and slot machines. Before this amendment can go before the voters, it will require a separately elected Legislature to pass it a second time. The earliest the measure could go before the public as a statewide referendum is in the 1997 November election. Thank you for taking the time to contact me on this important issue. RECEIVED AND FILED. No. 148 NYS DEPT. ECONOMIC DEV. Amend Boundary - Bflo. Economic Dev. Zone Pursuant to Article 18 B, Section 959(e) of the General Municipal Law, notification is hereby given of approval of a boundary amendment for the Buffalo Economic Development Zone. The effective date of the amendment is August 7, 1 995. Attached is a map and boundary description for the Buffalo Economic Development Zone, as amended. REFERRED TO THE COMMITTEE IN ECONOMIC DEVELOPMENT. No. 149 NY DEPT. OF STATE U.S. Army Corps of Engineers- District Application-Gulley's Rest. The Department of State reviewed the above referenced project in response to a Letter of Coordination from the U.S. Army Corps of Engineers. Despite our objections to the project, The Corps of Engineers authorized it by Letter of Permission. Policy 2 of the Coastal Management Program is affected by the proposed activity. The policy states: FACILITATE THE SITING OF WATER-DEPENDENT USES AND FACILITIES ON OR ADJACENT TO COASTAL WATERS. To ensure that water dependent uses can continue to be accommodated at storefront locations within the State, non-water-dependent uses should not be approved when they would preempt the reasonably foreseeable development of water dependent uses. The proposed deck is intended to provide outdoor restaurant seating. The structure would not serve a water-dependent use. Therefore, the construction of this proposed deck over coastal waters of the State is not consistent with the policies of the Coastal Management Program. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 150 OSMOSE WOOD PRESERVING, INC., Environmental Remediation Underway at Ellicott St. Facility Osmose Wood Preserving. Inc. has been voluntarily working with the New York State Department of Environmental Conservation (NYSDEC) and the New York State Department of Health (NYSDOH) to investigate and clean up a small area at their Ellicott Street facility. This fact sheet is provided to you as an update of progress at the site. In 1989, when removing underground storage tanks which had formerly been used to store creosote and #2 fuel oil, Osmose discovered that some soils around the tanks and nearby groundwater had been contaminated. The affected soils are primarily located under a parking lot at the Osmose facility. The site has been listed on the New York State Registry of Inactive Hazardous Waste Sites as a Class 2 site. To clean up this problem, Osmose began working with the State to Implement several Interim Remedial Measures. Interim Remedial Measures are steps which can be taken quickly to clean up a contamination problem without extensive Investigations, which can sometimes take months to complete. As a first Interim Remedial Measure, In early 1990, Osmose undertook a bio-remediation program to clean up the contaminated soils. Bio-remediation uses naturally occurring microorganisms in the soil to break down the contaminants. Second, in 1994, Osmose Installed a remediation system designed to control groundwater flow in the contaminated area and to recover any liquid-phase contamination still present. This system has been operating successfully, and was recently upgraded to hasten the liquid-phase recovery. In addition, Osmose conducted an environmental investigation to determine what areas of the site had been affected. This Investigation has shown that the contamination is limited to the site. Osmose has entered into a legal agreement called an Order of Consent with the State to address the remaining environmental issues. As part of that process, Osmose Is conducting a Feasibility Study, which will examine different cleanup options and will be used to select the final remediation strategy for the site. A pilot study has been completed to test the feasibility of using a new technology called "ozone sparging". Ozone sparging would break the creosote and fuel oil down into simpler compounds, including carbon dioxide and water, which are not hazardous. Completion of the Feasibility Study is expected in the Fall of 1995. At that time, Osmose and the NYSDEC will hold a public meeting to discuss the proposed clean up method. Public understanding, confidence, and involvement are crucial to the success of this remediation project. Your participation is essential to promote public understanding of the State's and Osmose's responsibilities, plans, and activities at the Osmose plant facility. Please contact either of the following people if you have any questions about the Osmose project: Jaspal Singh Walla, P.E. Michael E. Rider New York State Department of Osmose Wood Environmental Conservation Preserving Inc. Div. Hazardous Waste Remediation 980 Ellicott Street 270 Michigan Avenue Buffalo, NY 14209 Buffalo, NY 14203 (716) 882-5905 (716) 851-7220 Any health-related inquiries may be directed to either of the following people: Robert Swider, NYS Dept. of Health or Meaghan Boice-Green, NYS Dept. of Health, 2 University Place, Room 205, Albany, NY 12203 (800) 458-1158 ext 309 or (800) 458-1158 ext. 402 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 151 ROSWELL PARK Minority Participation - Modernization Program Enclosed please find information regarding minority participation statistics and a current project progress overview. If you have any questions about this report do not hesitate to call our office. Thank you. REFERRED TO THE COMMITTEE ON FINANCE. No. 152 TCI Renew Cable TV Franchise It was a pleasure meeting with you on Thursday, July 20, to discuss TCI of New York, Inc.'s (TCI's) request to renew its cable television franchise. It is my understanding that over the last several years you and Paul Meegan have exchanged franchise renewal proposals. Since our meeting, Paul and have been working diligently to structure a proposal which, we believe, addresses your concerns, as well as meeting the needs of the City of Buffalo, TCI, and above all else, our customers. I would like to take a few minutes of your time to share our proposal with you. During our last meeting it was abundantly clear that of predominant concern to you is the level of funding for Public, Education, and Government Access. It is my understanding that of equal import is the notion of a discount for senior citizens. Additionally, we discussed with you the possibility of locating a TCI telemarketing center in Buffalo, as well as providing you with a proposal to construct an experimental INET. I will address each of these in turn. As you know, at the current time, TCI provides to the City of Buffalo (the City) an annual payment of $100,000 to provide operational funding for public access. Furthermore, Federal law prohibits exceeding a five percent franchise fee in total, except for capital payments. Though we are not currently disputing this payment, TCI is making operational payments to support public access; however TCI will not continue to make operational support payments under the terms and conditions of the new franchise. TCI will, however, as part of our current proposal, continue to make annual payments of $100,000 to support capital investments for PEG Access. It is my understanding that under the current franchise there are no dedicated funds for Education and Government Access. We are prepared to change that by providing the community of Buffalo with one Showcase School and six satellite schools. You have already been provided with a written description of these schools, along with a presentation by Chris Rapp, one of TCI's leading experts in this area. Therefore, I will not recount for you the details of this program; however, I hope it is your recollection that these schools are impressive, and that you recognize that these seven schools represent a significant investment of both time and money. There is one caveat, however, and that is that you must inform us of the exact locations of these schools prior to any further deliberations on this issue. Due to the cost involved in linking these schools together, we must first agree to the final locations. Furthermore, TCI is prepared to give to the City a one time grant of $75,000 to initiate a Government Access program. It is my understanding that the City is looking to televise City Council meetings. This dollar amount should allow the City to purchase the necessary equipment to cablecast all Council meetings. At the last meeting we spoke briefly about the concept of locating a telemarketing center in the City. I remember telling you that this represented a unique opportunity for the City in several respects: 1) there will only be three of these centers nationwide, 2) the center represents a significant economic development opportunity to the City, and 3) we would welcome the City's advise and input as to where to locate the facility. Your initial reaction to the concept did not engender any real confidence in me that you welcomed the idea. In fact, your reaction was so negative that I was going to strongly recommend to my principal that we revisit our short list of final sites; however, I am assured that this is not the case, and that I misunderstood the City's position, and that Buffalo would be the ideal place for this center. If my current understanding is correct, TCI is willing to immediately commence a search for a location within the City that meets our mutual needs. We welcome your input into our search, and, if you would like to assist us, please contact me immediately. I believe you also requested additional detail relative to the telemarketing center-- there will be a minimum of 180 jobs created as a result of the opening of this center. These individuals will earn a base wage of approximately $6.00 per hour, plus commissions. I have estimated this will create roughly $3 million in wage earnings alone. If you apply an economic multiplier of 3: 1 ( every dollar earned creates another three dollars in the economy), the total economic stimulus package will be approximately $9 million! This significant investment by TCI into the economic future of Buffalo must be viewed for what it is: an endorsement of Buffalo as a place to conduct business. Paul Meegan has informed me that the concept of incorporating a discount for senior citizens into the franchise renewal is critical to you. As you know, the Federal Government began regulating cable rates in 1992. At that time, the universal entry level of service, Basic Cable, was to be regulated with the intent being, among other things, to keep this service priced at the lowest possible rate. It is TCI's position that when the rate for this service was reregulated in 1992, it represented the lowest price that economists, accountants, and lawyers of the FCC could determine. The idea being that each company's most fundamental service is priced at a level that can be reached by the most people who wish to acquire it, without a subsidy. Therefore, under the current regulatory structure, TCI cannot provide a senior citizen discount; nonetheless, TCI is willing to negotiate a clause into the franchise that would provide for a discount to seniors upon: 1) a showing of need (a means test) and 2) the deregulation of cable television rates by the Federal Government. As I am sure you are well aware, there is a comprehensive telecommunications bill that is being debated in Washington, that, among other things, deregulates cable television rates. This bill has already passed both the House and the Senate. At our previous meeting, I was accompanied by Keith Ingram, TCI's Regional Director of New Business Development. Keith supplied the City a plan under which TCI would design and construct an experimental INET. Understandably, we have not received any comments back from the City. It is my hope that after the transmittal of this letter, we can more fully discuss the terms and conditions of this project, including the exact locations of the two municipal buildings that will be connected by the fiber link that will support the INET, as well as a realistic time line to design and construct the INET. Chairman Pitts, you also stated at your last meeting that you wanted to resolve this process in a fair and expeditious manner. Our intentions are the same, and to that end, I believe I have outlined a proposal that will meet our mutual needs, and provide for all the cable related needs of our customers in the future. I look forward to hearing from you, and to working together to bring to resolution these negotiations. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 153 ALBERT WILSON Subsidize Home/Give Lots on Harlow to Omega Homes for Building House. My family and I have lived in the City of Buffalo all our lives. I am now retired and wish to purchase a newly constructed home to enjoy my retirement in. Me and my wife have been working with JRC Realty Company to find a lot suitable for our needs. We have identified 28 & 32 Harlow as lots we would like to build on. Omega Homes builds the type of house that we would like and we are therefore, requesting that these lots be directed to them for the construction of our new home. We would also like to know if the $20,000. subsidy can be placed on this lot. We appreciate anything that you can do for us regarding this matter. We have sold the home we are currently living in and will need a place to dwell as soon as possible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS. PETITIONS No. 154 Canisius College, owner, petition to use 2021 Main St. for a ground sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 155 D. Caroselli, petitioner, petition to use 932 Elmwood for a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 156 Brisbane Realty, owner, petition to use 395 Main for a wall sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 157 University Christian, owner, petition to use 62-66 Englewood for a nonprofit social center. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 158 Socony Vacuum Oil, owner, petition to use 577 Elmwood for a store/takeout rest./gas. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 159 Delaware-Franklin, owner, petition to use 494 Franklin for a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 160 Sun Ship Communications - Petition to use 1420 Main St. for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 161 Beneson Capital Co., owner, Petition to use 345 Amherst St. for a parking lot. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 162 The Fargo Three Hundred Block Club - Opp. Reopening Commercial Enterprise at 252 Connecticut. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS AND THE CORPORATION COUNSEL No. 163 Kay Street Block Club - Speeding Vehicles on Kay Street. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF PUBLIC WORKS No. 164 Hollywood Section Block Club - Request New Sidewalks on Exchange and Selkirk Streets. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. RESOLUTIONS No. 165 By: Mr. Arthur Moneys Found In Desk Drawer in Building Permits Section. Whereas: It is being alleged that approximately $100,000 in checks and cash was found in the desk drawer in the Building Permits section; and Whereas: It is also alleged that some of the checks dated back to 1991. Now, Therefore, Be It Resolved That: This Common Council is requesting an immediate audit to be conducted by the City Comptroller to establish the amount, how and why these checks were not deposited in a timely fashion with the City Treasurer?; and Be It Further Resolved That: We want the Comptroller to submit to this Honorable Body and the Commissioner of Public Works a procedure so that this not happen again; and Be It Finally Resolved That: This Common Council is requesting the Commissioner of Public Works to investigate this alleged finding of moneys and the alleged checks. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF PUBLIC WORKS. No. 166 By: Messrs. Arthur and Zuchlewski Oppose Elimination of Indian Education Funds Whereas: The zeal of the U.S. House Republicans when they quickly voted by voice vote to eliminate the Office of Indian Education's (O.I.E.) Title V and Title IX programs, within the Department of Education is severely threatening to end this beneficial program; and Whereas: This affects not only Buffalo's Native American Magnet School, but all other schools receiving Indian Education monies in Western New York. In all, this funding assists 410,000 Indian children in 41 states; and Whereas: The Native American Resource Program in the Buffalo Public School District, is located in the Native American Magnet School on West Delavan Avenue in Buffalo. Since 1973, Native students attending Buffalo Public Schools have enjoyed the service of the Native American Resource Program. The purpose of the Indian Education is to meet the culturally-related academic needs of Native American Students through the enhancement of self-image and to decrease the drop-out rate; and Whereas: Funding for the Office of Indian Education was made available initially through the 1972 Indian Education Act (P.L. 92-318) in recognition of the unique cultural and academic needs of the American Indian and Alaska Native children. The O.I.E. program provides formula grants to more than 1,200 local education agencies nationally, as well as programs for Indian adults, teacher training, and fellowships. The Indian Education Act and subsequent 1994 amendments recognize the special educational needs of Indian children which Congress has consistently reconfirmed over the past two decades. Now, Therefore, Be It Resolved That: This Common Council is opposed to this elimination of Indian Education funding and asks the United States House of Representatives to restore the 84.4 million dollar request to the FY 1996 Budget. ADOPTED. No. 167 By: Mr. Arthur City of Buffalo Parking Rates Whereas: The hourly parking rate for parking ramps controlled by the City of Buffalo, particularly in to the downtown area, is currently $ 1.10 per half hour, and Whereas: The effect of such a rate has driven many daily long term parkers in the downtown area to use parking meters instead of the ramps, and Whereas: The flood of long term parkers at meters prevents short term parkers from utilizing the parking meters, and Whereas: The intent of the parking meters is to promote parker turnover and to provide a convenient place for downtown consumers to park, and Whereas: With the lack of short term parking effectively driving shoppers and consumers to the suburbs and robbing the City of vital revenue, it is imperative that this Common Council take action to address the parking rate problem and reduce the parking rates to a reasonable level. Now Therefore Be It Resolved: That by the authority granted under Section 109-s of the Charter of the City of Buffalo, the Common Council does hereby authorize the Board of Parking to establish a schedule of charges for the use of all City owned lots at a rate of $1.75 per hour to go into effect retroactively as of September 1, 1995. REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF PARKING AND THE CORPORATION COUNSEL. No. 168 By : Mr. Arthur & Mrs. Williams Tax Exemption for Redevelopment of Towers 4 & 7 Ellicott Mall Redevelopment Project Whereas: The Ellicott Mall Redevelopment Project and the development of 214 S. Division Street and 233 East Eagle Street (the "Projects"), now owned by Ellicott Mall Partnership, is of vital public interest to the City of Buffalo and Whereas: State financing will be made available for the redevelopment of the Projects for low income households- and Whereas: Such redevelopment will qualify for, and is in need of, real property tax exemption as permitted by Articles 5, 11, 18 and/or 18-A of the Private Housing Finance Law. Now, Therefore, Be It Resolved That: A tax exemption for the Projects be and hereby is approved as follows: Specifically, and as permitted by Private Housing Finance Law Articles 5, 11, 18 and/or 18-A, the real property, buildings and owners would be granted a complete exemption from local and municipal taxes including school taxes. There would be a payment in lieu of City and County taxes in the aggregate base annual amount of $50 for each unit or $3,350 for each project. Such exemption would be subject to the following conditions: a.. That the Projects be redeveloped by the owners in accord with the provisions of Private Housing Finance Law Articles 5, 11, 18 and/or 18-A and such redevelopment by completed by 12/31/97. b. That the Projects be undertaken by a company formed under Article 5 of the Private Housing Finance Law or by a limited partnership of which at least one general partner is a corporation formed under Article II of the Private Housing Finance Law. c. That the Projects be used, upon completion, for low-income housing in accord with Private Housing Finance Law Articles 5, 11, 18 and/or 18-A for the term of the tax exemption and be maintained in compliance with applicable City Building Codes. d. That said exemptions shall operate and continue for the period of the property's use in accord with said Private Housing Finance Law Articles 5, 11, 18 and/or 18-A, but in no event for a period of more than forty (40) years. e. That said base annual amount be adjusted by the Commissioner of Inspections and Community Revitalization after seventeen (17) years and then again every five (5) years thereafter proportionate to increases in rents and expenses of the property, provided, however, in no event shall the taxes be adjusted below the base annual amount. f. That Ellicott Mall Partnership, as the owner of the property, and its successors provide to the Commissioner of Assessment and to the Commissioner of Inspections and Community Revitalization an annual certification of the property's continued use in accord with Private Housing Finance Law Articles 5, 11, 18 and/or 18-A and a copy of such annual audit and report as may be required by the State of New York pursuant to any such applicable Articles. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 169 By: Messrs. Arthur and Collins Ordinance Amendment Chapter 441 - Telephone Facilities 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: 441-1. Compliance required. No person, including an individual, firm, partnership, copartnership, corporation, receiver, association, executor, administrator, trustee, guardian or agent, shall place, maintain or operate on the streets, public grounds or on the city right-of-way such public/private telephone facilities until a license has been issued in accordance with the regulations hereinafter set forth. For purposes of this Chapter, a telephone facility shall be considered on the streets, public grounds and city right-of-way if any portion of the facility or its enclosure is situated on or projects or hangs over the city right-of-way or the facility is so situated that it can be used by a person standing on city right-of-way including streets, sidewalks and public grounds. 441-2(l) Licenses; conditions. Any 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 facility or any telephone attached thereto and a provision providing These licenses shall continue in effect until revoked by the Director of Housing and Inspections or until the telephone facility is ordered removed, or is not compliance with the special features designed to reduce criminal activity, as directed by the Common Council pursuant to Section 441-4 of this Chapter. That a new Section 441-4 be added to read as follows: 441-4. Common Council approval required. After the effective date of this Section, no telephone facility shall be placed, maintained or operated on the streets, public grounds or on the city right-of-way unless the telephone facility is individually approved by the Common Council. The Common Council may authorize and direct the approval or denial of such telephone facility based on its effect on the public health, safety, aesthetics, or general welfare. As a condition to any approval, the Common Council may require telephone facilities to have special features designed to reduce criminal activity, including but not limited to, restrictions on hours of operation and access to cellular phones and paging devices. Subsequent to any approval, the Common Council may order the removal, or direct the use of special features designed to reduce criminal activity, of a particular telephone facility that is on the streets, public grounds or city right-of-way as defined in this Chapter after a determination that use of the telephone facility has a deleterious impact on the surrounding neighborhood or otherwise negatively affects public health, safety. aesthetics or general welfare. Any telephone facility that is not removed, or is not in compliance with special features designed to reduce criminal activity, within fourteen (14) days after the Common Council's directive shall be subject to immediate removal by the City at the owner's expense. Approved as to Form Edward D. Peace Corporation Counsel NOTE: Matter underline is new. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 170 By: Mr. Bell Moratorium On Permits in the Cobblestone District Whereas: This Council has designated the area bounded by Perry, South Park, Illinois and Columbia streets as the Cobblestone Historic District; and Whereas: The Cobblestone District is one of the few areas in our city that retain the architecture and flavor of Buffalo's maritime industrial legacy; and Whereas: The Cobblestone District has drawn widespread attention and is seen as a "hot" area for new development; and Whereas: The Council's Cobblestone Committee is in the process of drawing up design guidelines for the district and it is imperative that any new developments in the district be harmonious with the architecture and desire ambiance that will be provided for in the guidelines; and Whereas: Because the guidelines will be completed soon and improper development in the district could ruin its potential, the city needs to temporarily limit what can be done in this area; Now, Therefore, Be It Resolved That: This Council hereby declares a moratorium on permits for projects in the Cobblestone Historic District. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. No. 171 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 $47,000 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 $47,000 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $47,000 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $47,000 To: 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction Swimming & Diving Pools $47,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 172 By: Mr. Collins Division Of Budget and Management Division of Engineering 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 $57,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $57,000 To: 200 Capital Project Fund 401 - Division of Engineering 555 - Crossroads Street Reconstruction (planning & design phase #I) $57,000 PASSED. AYES- 13 NOES- 0 No. 173 By: Mr. Collins Memorialization - Establish Drug Court Whereas: Drugs are one of the most critical problems facing this community, and they were a factor in a large percentage of the 31,000 arraignments made in Buffalo City Court last year; and Whereas: The large number of drug-related cases are a tremendous burden for the court, and often make it difficult for these cases to be handled in a thorough and expeditious manner; and Whereas: Unless drug cases are dealt with swiftly and fairly by the court system, we have little hope of mounting a serious "War On Drugs" in this community; Now, Therefore Be It Resolved: That New York State establish and provide funding for a new "drug judge" as part of Buffalo City Court to exclusively handle drug related cases; and Be It Further Resolved: That the City Clerk forward certified copies of this resolution to the Western New York delegation in the New York State Legislature, the Secretary of the Senate, the Clerk of the Assembly, and the Governor. ADOPTED. No. 174 By: Mr. Collins Bond Resolution $50,000 Bonds Reconstruction Mechanical Services Garage Account 200-402-017 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $50,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the mechanical services garage, at the estimated total cost of $50.000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of fifty thousand Dollars ($50,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of the Mechanical Services Garage at 1326 Seneca Street. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $50,000 as set forth in the duly adopted Capital Improvements Budget of said City for file year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, Reconstruction Mechanical Service Garage, 1995-96", Bond Authorization Account No. 200-402-017, and shall be used for the class of objects or purposes 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 $50,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated. (a) 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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept. 5, 1995 LAID ON THE TABLE. No. 175 By: Mr. Collins Bond Resolution $54,000 Bonds Reconstruction Sidewalk - Elmwood Avenue Account 200-401-031 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $54,000 General Improvement Bonds of said City to finance the cost of the reconstruction of sidewalks along portions of Elmwood Avenue between Bryant and Virginia Streets, in the City, at the estimated total cost of $54,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty-Four Thousand Dollars ($54,000), 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 reconstruction of sidewalks along portions of Elmwood Avenue between Bryant and Virginia Streets, in the City. The estimated total 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 $54,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Sidewalk - Elmwood Avenue, 1995-96", Bond Authorization Account No. 200-401-031, and shall be used for the class of objects or purposes 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 $54,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a.24. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept. 5, 1995 LAID ON THE TABLE No. 176 By: Mr. Collins Bond Resolution $54,000 Bonds Reconstruction Curbs, Sidewalks So. Buffalo Account 200-401-030 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $54,000 General Improvement Bonds of said City to finance the cost of the reconstruction of curbs and sidewalks along portions of selected streets in South Councilmanic District, in the City, at the estimated total cost of $54,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty-Four Thousand Dollars ($54,000), 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 reconstruction of curbs and sidewalks along portions of selected streets in South Councilmanic District, in the City. The estimated total 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 $54,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Curbs, Sidewalks So. Buffalo, 1995-96", Bond Authorization Account No. 200-401-030, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $54,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a.24. of the law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 5, 1995 LAID ON THE TABLE No. 177 By: Mr. Collins Bond Resolution $54,000 Bonds Reconstruction Street/Curb/Sidewalk - University District Account 200-401-036 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $54,000 General Improvement Bonds of said City to finance the cost of the resurfacing of selected streets in the University Councilmanic District, at the estimated total cost of $54,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty-Four Thousand Dollars ($54,000), 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 resurfacing of selected streets in the University Councilmanic District, including partial reconstruction of curbs and sidewalks. The estimated total 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 $54,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Street/Curb/Sidewalk - University District, 1995-96 ", Bond Authorization Account No. 200-401-036, and shall be used for the class of objects or purposes 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 $54,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00a.20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 5, 1995 LAID ON THE TABLE No. 178 By: Mr. Collins: Bond Resolution $70,000 Bonds Reconstruction Administration Building Buffalo Zoological Gardens Account 200-402-028 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $70,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the administration building at the Buffalo Zoological Gardens, at the estimated total cost of $70,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seventy Thousand Dollars ($70,000). 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 administration building at the Buffalo Zoological Gardens. The estimated total 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 $70,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sate of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Improvements to Zoo Building, 1995-96", Bond Authorization Account No. 200-402-028, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution. in the maximum amount of $70,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B"' construction as defined by Section 11.00a. 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 shalt contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and Interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of taw which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 5, 1995 LAID ON THE TABLE No. 179 By: Mr. Collins Bond Resolution $84,000 Bonds Reconstruction Street/Sidewalk - Ellicott Account 200-401-035 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $84,000 General Improvement Bonds of said City to finance the cost of the resurfacing of selected streets in the Ellicott Councilmanic District, at the estimated total cost of $84,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Eighty-Four Thousand Dollars ($84,000), 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 resurfacing of selected streets in the Ellicott Councilmanic District, including partial reconstruction of curbs and sidewalks. The estimated total 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 $84,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Street/Sidewalk - Ellicott, 1995-96", Bond Authorization Account No. 200-401-035, and shall be used for the class of objects or purposes 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 $84,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00a.20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 5, 1995 LAID ON THE TABLE. No. 180 By: Mr. Collins: Bond Resolution $100,000 Bonds Construction Handicapped Access Account 200-401-032 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of curbs and sidewalks in the City to provide for handicapped access, at the estimated total 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, is hereby authorized and -directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of curbs and sidewalks in the City to provide for handicapped access. The estimated total 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 $100,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Construction Handicapped Access, 1995-96", Bond Authorization Account No. 200-401-032, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00a. 24. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 5, 1995 LAID ON THE TABLE. No. 181 By: Mr. Collins Bond Resolution $100,000 Bonds Reconstruction of Bridges and Viaducts Account 200-401-029 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City to finance the City's local share of the cost of the partial reconstruction of various bridges and viaducts in the City, at the estimated total 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the City's local share of the cost of various bridges and viaducts in the City. The estimated total 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 $100,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction of Bridges & Viaducts, 1995-96", Bond Authorization Account No. 200-401-029, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00a.10. of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 5, 1995 LAID ON THE TABLE No. 182 By: Mr. Collins; Bond Resolution $ 100,000 Bonds Reconstruction Kleinhans Music Hall Account 200-402-038 Bond Resolution of the City of Buffalo, New York. authorizing the issuance of $100,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of Kleinhans Music Hall, at the estimated total 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, is hereby authorized and directed to issue General Improvement Bonds of said City In the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of Kleinhans Music Hall. The estimated total 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 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Restoration of Kleinhans Music Hall, 1995-96", Bond Authorization Account No. 200-402-038, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The 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 11.00a.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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby Irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for this 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 he contested only if.- (a) Such obligations arc authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution arc 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 constitution. Introduced: Sept. 5, 1995 LAID ON THE TABLE. No. 183 By: Mr. Collins: Bond Resolution $100,000 Bonds Study & Design Porter Ave Exit Ramp Account 200-401-033 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City to finance the cost of the preparation of preliminary plans and specifications for improvements to the Porter Avenue exit ramp of the Niagara Thruway, at the estimated total 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the preparation of preliminary plans and specifications for improvements to the Porter Avenue exit ramp of the Niagara Thruway. The estimated total 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 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Study & Design Porter Avenue Exit Ramp, 1995-96", Bond Authorization Account No. 200-401-033, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a.62. of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept. 5, 1995 LAID ON THE TABLE. No. 184 By Mr. Collins Bond Resolution $154,000 Bonds Reconstruction Machnica Center Account 200-402-044 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $154,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the Machnica Center, at the estimated total cost of $154,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty-Four Thousand Dollars ($154,000), 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 Machnica Center in the Lovejoy Councilmanic District. The estimated total 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 $154,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction Machnica Center, 1995-96", Bond Authorization Account No. 200-402-044, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis. the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $154,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building 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 .00a.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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and Interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if- (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 1995 LAID ON THE TABLE. No. 185 By: Mr. Collins: Bond Resolution $154,000 Bonds Reconstruction Street/Curb/Sidewalk - Delaware District Account 200-401-037 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $154,000 General Improvement Bonds of said City to finance the cost of the resurfacing of selected streets in the Delaware Councilmanic District, at the estimated total cost of $154,000. 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, is hereby authorized and -directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty-Four Thousand Dollars ($154,000), 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 resurfacing of selected streets in the Delaware Councilmanic District, including partial reconstruction of curbs and sidewalks. The estimated total 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 $154,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Street/Curb/Sidewalk - Delaware District, 1995-96", Bond Authorization Account No. 200-401-037, and shall be used for the class of objects or purposes 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 $154,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00a.20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 5, 1995 LAID ON THE TABLE. No. 186 By: Mr. Collins Bond Resolution $163,000 Bonds Reconstruction PAL Center Account 200-402-039 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $163,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the Police Athletic League Center located at 118 East Utica Street, at the estimated total cost of $163,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Sixty-Three Thousand Dollars ($163,000), 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 Police Athletic League Center located at 118 East Utica Street. The estimated total 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 $163,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. 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 or said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction PAL Center, 1995-96", Bond Authorization Account No. 200-402-039, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvement 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 $163,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building 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 ate 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 bond.- authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if. (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution arc 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: September 5, 1995 LAID ON THE TABLE. No. 187 By: Mr. Collins: Bond Resolution $350,000 Bonds Reconstruction City Court Building Account 200-402-014 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the City Court building at 50 Delaware Avenue, at the estimated total cost of $350,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolve% (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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Fifty Thousand Dollars ($350,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of the City Court building at 50 Delaware Avenue. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $350,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sate of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction City Court, 1995-96'. Bond Authorization Account No. 200-40'2-014, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $350,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 71.00 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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept. 5, 1995 LAID ON THE TABLE No. 188 By: Mr. Collins: Bond Resolution $350,000 Bonds Reconstruction Elmwood Ave Curb/Sidewalk Account 200-401-034 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of curbs and sidewalks along selected portions of Elmwood Avenue, at the estimated total cost of $350,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Fifty Thousand Dollars ($350,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of curbs and sidewalks along selected portions of Elmwood Avenue. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $350,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Elmwood Avenue Curb/Sidewalk, 1995-96", Bond Authorization Account No. 200-401-034, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $350,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby 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 11.00a. 24. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept.5, 1995 LAID ON THE TABLE. No. 189 By: Mr. Collins: Bond Resolution $435,000 Bonds Reconstruction Fire Stations Account 200-402-008 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $435,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of existing firehouses in the City, at the estimated total cost of $435,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Thirty-Five Thousand Dollars ($435,000), 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 existing firehouses in the City. The estimated total 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 $435,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction Fire Station, 1995-96", Bond Authorization Account No. 200-402-008, and shall be used for the class of objects or purposes 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 improvement 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 $435,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.a.12 (a)(1) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 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 renewal of Said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall he general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and Interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if; (a) Such obligations are authorized for an object or purpose for which the City of Buffalo Is not authorized to expend money, or (b) he provisions of law which should be complied with at the date of the publication of this resolution are not substantially Complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication. or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: September 5, 1995 LAID ON THE TABLE. No. 190 By: Mr. Collins: Bond Resolution $500,000 Bonds Neighborhood Redevelopment Site Program Account 200-240-003 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City to finance the cost of the preparation of sites for development of new neighborhood housing, at the estimated total cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the preparation of sites for development of new neighborhood housing. The estimated total 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 $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. 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 Inspections & Community Revitalization, "Neighborhood Redevelopment Site Prep, 1995-96", Bond Authorization Account No. 200-240-003, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section I 1.00 a.35. of the Law, is five (5) years. b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept. 5, 1995 LAID ON THE TABLE No. 191 By: Mr. Collins: Bond Resolution $2,000,000 Bonds Reconstruction of Streets/Crossroads ll Account 200-401-028 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,000,000 General Improvement Bonds of said City to finance the cost of the reconstruction of streets servicing new Crossroads arena, in the City, at the estimated total cost of $2,000,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Dollars ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the reconstruction of streets servicing the new Crossroads arena, in the City, including Perry Street from Michigan to Louisiana and Scott Street from Washington to Michigan. The estimated total 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 $2,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction of Streets/Crossroads ll, 1995-96", Bond Authorization Account No. 200-401-028, and shall be used for the class of objects or purposes 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 $2,000,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The 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 11.00a. 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of I interest on and for the amounts required for the amortization and redemption of said bonds Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept. 5, 1995 LAID ON THE TABLE No. 192 By: Mr. Collins Set Public Hearing LDA-Woodlawn Heights New Housing Project Unique Housing Concept Whereas, Unique Housing Concept and/or other legal entity to be formed (herein referred to as the "Redeveloper') has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a four (4) new residential housing project known as Woodlawn Heights New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to-Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law requires that the disposition of land in an Urban Renewal Project maybe approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing' in the Buffalo News, no later than the 8th day of September 1995. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 19th day of September 1995. ADOPTED. No. 193 By: Mr. Collins Set Hearing-LDA Woodlawn Heights New Housing Project Regency Homes Whereas, Regency Homes and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the 'Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a four (4) new residential housing project known as Woodlawn Heights New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas, said Land Disposition Agreement has been, forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 8th day of September 1995. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 19th day of September 1995. ADOPTED. No. 194 By: Mr. Collins Early Entry Agreement-Woodlawn Heights/Regency Homes Whereas: A Land Disposition Agreement between the City of Buffalo Urban Renewal Agency and Regency Homes (Item No. 76, CCP 9/5/95) for the construction of four (4) single family homes in the Masten Council District requires that a public hearing be held; and Whereas: The Council Resolution (# 191, CCP, 9/5/95) setting the hearing date calls for the hearing to be held on Tuesday, September 19, 1995, at 2:00 PM in the Council Chamber; and Whereas: The two weeks required for the process to approve this LDA will have an impact on the construction of the houses, primarily because weather conditions will become a factor; and Whereas: Approval of the LDA is anticipated; and Whereas: An early entry agreement between the Redeveloper and the City, allowing Regency to begin work on the project, will benefit all parties Now, Therefore, Be It Resolved: That this Common Council authorize the City to enter into an Early Entry Agreement with Regency Homes for the construction of four (4) single family homes in the Masten Council District. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 195 By: Mr. Coppola Permission to Hang Pole Banners - Elmwood Franklin School Whereas: The Elmwood Franklin School will be celebrating its centennial this coming school year; and Whereas: In anticipation of this celebration, the organizers have requested permission to hang four vertical pole banners on New Amsterdam on poles #95, # 1 02, # 1 07, and # 112; and Whereas: The organizers would like permission to hang the banners on Thursday,September 7, 1995. Now Therefore Be It Resolved that This Common Council grants permission to the organizers of Elmwood Franklin School's Centennial Celebration to hang four vertical pole banners on New Amsterdam on poles #95, 102, # 107, and # 112, providing the banners meet all requirements of all pertinent city departments and violate no existing laws or ordinances. PASSED. AYES-13 NOES- 0 No. 196 By: Mr. Coppola Permission to Hang Banner, Concert for the Hungary Whereas: Episcopal Community Services of Western New York, a non-profit organization, is holding an annual fund raising event to assist the food pantries of Western New York; and Whereas: Concert for the Hungary will be held this year on October 13th; and Whereas: The organizers have requested permission to display a banner across Delaware Avenue at 1114 Delaware, between light poles #1115 and # 1122 and would erect the banner on September 20, 1995. Now Therefore Be It Resolved that This Common Council grants permission to the organizers of Concert for the Hungary to erect a banner at I 1 14 Delaware between light poles #1115 and # 1122, providing the banner meets all requirements of all pertinent city departments and violates no existing laws or ordinances. PASSED. AYES- 13 NOES- 0 No. 197 By: Mr. Coppola Request Update on Lead Testing, Public Schools Whereas: The majority of school buildings in the Buffalo Public School system were built prior to the 1960's and have antiquated water systems- and Whereas: There is great concern about the lead content in drinking water, especially with the new school year about to begin; and Whereas: Testing has been conducted recently, and this Common Council should be informed of the latest test results for lead in the water systems of the public schools. Now Therefore Be It Resolved That This Common Council requests the latest test results for lead in the water systems of the Buffalo Public Schools. ADOPTED. No. 198 By: Mr. Coppola Children's Hospital, Agreement Whereas: Children's Hospital has petitioned the City for a right-of-way and exclusive use easement over City owned property, and Whereas: Children's Hospital intends to use such easement for purposes compatible with the operation of a hospital, and Whereas: The City desires to grant such easement, Now Therefore Be It Resolved: That the Common Council does hereby approve the Agreement between the City and Children's Hospital for a right-of way and exclusive use easement over City owned property. Be It Further Resolved: That the Corporation Counsel is hereby authorized to prepare any and all documents determined by the Corporation Counsel appropriate, necessary and convenient to effectuate this resolution, and Be It Finally Resolved: That the Mayor is hereby authorized to execute such documents. PASSED. AYES- 13 NOES- 0 No. 199 By: Mr. Coppola Question on Permit Fees for Driveways Whereas: The City's policy for requiring permits to blacktop and pour new concrete driveways has changed; and Whereas: As a result, new fees have been established based on the cost of the job, which has placed a hardship on contractors this summer; and Whereas: This Common Council did not approve a new fee structure for blocktop or pouring new concrete driveways. Now Therefore Be It Resolved That This Common Council questions the new policy concerning permits and the fee structure for blacktopping and pouring new concrete driveways and requests that the Commissioner of Neighborhood Housing and Inspections and the Director of Housing and Inspections appear before the Legislation Committee on Tuesday, September 12, 1995, to explain. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS. No. 200 By: Mssrs. Coppola & Arthur Questions on Permits for Construction, Ammex Duty Free Shop Whereas: After many years of being located on Porter Avenue, the Ammex Duty Free Shop moved to a new location on the Peace Bridge Plaza; and Whereas: When a new building is under construction, it is mandatory that the contractors be licensed and they secure the proper permits; and Whereas: The construction of a new building requires numerous permits and sometimes a zoning variance and would generate a great deal of revenue for the City, and Whereas NWIE Ammex has relocated onto the Plaza, apparently the City of Buffalo is still responsible for providing services such as fire and police protection as the fire department assisted on the bridge recently during a serious accident; and Whereas If the City is responsible for providing these basic services, then the City should also have issued the necessary permits for construction. Now Therefore Be It Resolved That This Common Council requests that the Department of Inspections Divisions of Permits, New Construction, Plumbing, and Electricians, and the Fire Department respond to this body with copies of all pertinent permits and dates of inspections generated by those permits; and Be It Finally Resolved That The Fire Commissioner forward a detailed report of the extent of damages and how many fire trucks and personnel have been utilized in responding to emergencies at the Peace Bridge Plaza. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS, THE COMMISSIONER OF FIRE, THE CORPORATION COUNSEL, AND THE PEACE BRIDGE AUTHORITY. No. 201 By: Messrs. Czajka, Coppola and Mrs. LoTempio Elimination of Bus Pass For Students Who Live Less Than 2 Miles From School Whereas: Students who reside in the City of Buffalo have received a bus pass to enable them to get to whatever school it is that they attend as long as they lived more than 1. 5 miles from their school; and Whereas: On August 23, 1995 the Buffalo City School District sent a letter to many parents of students in the city to explain that this year the bus pass would not be offered to those students who live less than 2 miles from the school they attend; and Whereas: This sudden change will affect many students and their parents adversely in terms on providing alternate means of transportation or in having students making a longer walk during inclement weather. Now, Therefore, Be It Resolved: That the Buffalo Board of Education report to this Honorable Body on the number of children affected by this change and the projected savings that will be derived from this change in policy; and Be It Further Resolved: That the Common Council urge the Board of Education to reevaluate this change in policy and continue to service those families who are affected by the change. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION. No. 202 By: Messrs. Franczyk, Bell and Arthur Uniforms in Buffalo Public Schools Whereas: Disciplinary problems have grown over the years among the student population in the Buffalo Public School system; and, Whereas: There would logically appear to be a correlation between disruptive student behavior and a slovenly, unkempt or provocative manner of dress among individuals in a student population; and, Whereas: The schools should provide a clean, orderly and organized environment conducive to discipline and learning, including a student dress code; and, Whereas: In Long Beach California, ten public schools recently initiated a primary school student dress code, with the result that crime has fallen dramatically. School fights are down reportedly by fifty percent and school suspensions are down by a third. New York State passed legislation authorizing school districts to order their students into uniform; and, Whereas: A school dress code is not a panacea for all disciplinary problems, but it does inculcate a sense of neatness and pride in a youngster, fostering a "'team" or "community" spirit. It also eliminates gang apparel, "colors", outrageous or inappropriate clothing or attire, and it also discourages expensive competition among some students for costly clothing, such as sneakers, shirts, dresses, etc.; and, Whereas: When the focus is off bizarre, extravagant or sloppy clothing, the student can develop a sense of pride in their appearance and focus on learning, bearing in mind that to a certain degree people are judged on the type of clothes they wear. Boys could be mandated to wear a white shirt and dark slacks and shoes, and girls a blouse and simple jumper or skirt; Now Therefore Be It Resolved: That the Common Council request the Buffalo Public School board initiate a school student dress "uniform"' code in the primary grades. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION. No. 203 By: Mrs. Lockwood Ordinance Amendment Chapter 511 - Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-93, Storage of Motor Vehicles, of the Code of the City of Buffalo be amended to read as follows: The outside storage on private property is prohibited of any unregistered and/or unlicensed motor vehicle for a period longer than [ninety (90)] ten (10) days, unless such unregistered and/or unlicensed motor vehicle, notwithstanding the year in which the same shall have been manufactured, is, at all times while being so stored, kept in such condition and maintained with such equipment that it will meet the minimum requirements to pass the New York State motor vehicle inspection standards as provided by the Vehicle and Traffic Law of the State of New York and all rules and regulations promulgated by the Commissioner of Motor Vehicles for the periodic inspection of motor vehicles in the State of New York and as the same may be amended from time to time. This section shall not apply to an owner of such unregistered and/or unlicensed motor vehicle who is a member of the armed forces while serving on active duty. This prohibition shall not apply to the storage of such vehicles where the storage may be considered to be a legitimate accessory or implied part of a permitted use. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 204 By: Mrs. Lockwood and Mr. Coppola Leaf Collection Policy Whereas: Last year, there was a great deal of confusion and frustration as to the City Streets and Sanitation Department policy regarding leaf pick-up, and Whereas: With the autumn season fast approaching, it is imperative the Commissioner of Street Sanitation inform this Council and the Public what the policy will be for this year. Now Therefore Be It Resolved: That the Commissioner of Street and Sanitation Services be at the next Legislation meeting to discuss his department's policy for leaf pick-up. ADOPTED. No. 205 By: Mrs. Lotempio Salary Ordinance Amendment 01 - Common Council 1 - Division of City Clerk 001 -City Clerk The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinance of the City of Buffalo, relating to 0 1 - I -00 I - Common Council - City Clerk is hereby amended by adding thereto: 1 Senior Council Clerk (Gerald Chwalinski Only) $32,948 - $38,312 We, George K. Arthur, President of the Common Council and James B. Milroy, Director of the Budget, hereby certify that the above addition 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 amount set forth in the foregoing ordinance. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 206 By: Mrs. Lotempio Salary Ordinance Amendment 210 - Department of Fire 013 - Support Services 021 - Administrative Services The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 210 - 013 Department of Fire - Support Services, which reads: 37 Firefighter $30,860 - $41,723 is hereby amended to read 36 Firefighter $30,860 - $41,723 and that 210 - 021 Department of Fire Administrative Services, is hereby amended by adding thereto: 1 Chief Fire Administrator $50,763 We, Cornelius Keane, Commissioner of Fire and James B. Milroy, Director of the Budget, hereby certify that the elimination of one (1) Firefighter position in the 013 Function and the creation of one (1) Chief Fire Administrator in the 021 Function are 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 amount set forth in the foregoing ordinance. That a personnel requisition incident to the addition of the above position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 207 By: Mrs. Lotempio Salary Ordinance Amendment 24 - Department of Neighborhoods, Housing and Inspections Division of Housing and Inspections O11 - Inspections and Enforcement The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 24 - 01 - 011 Department of Neighborhoods, Housing and Inspections Division of Housing and Inspections - Inspections and Enforcement, which reads: 40 Building Inspector $31,179 - $36,305 is hereby amended to read: 49 Building Inspector $31,179 - $36,305 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Anthony A. Marconi, Commissioner of Neighborhoods, Housing and Inspections and Eva M. Hassett, Commissioner of Administration and Finance, hereby certify that the addition of nine (9) Building Inspectors 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 amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the a ppropriate Civil Service titles for the proposed position. Approved as to Form Edward Peace Corporation Counsel PASSED. AYES-13 NOES- 0 No. 208 By: Mrs. LoTempio CITY OF BUFFALO LOCAL LAW NO. (1995) INTRODUCTORY NO. 13 (1995) A LOCAL LAW adding a new section to Article 15-A of the Charter of the City of Buffalo in relation to the creation of a Bureau of Administrative Adjudication within the Department of Administration and Finance. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Section 295.5 of Article 15-A of the Charter of the City of Buffalo, adopted pursuant to law, be amended as follows: Section 295.5 Divisions. There shall be in the department the following divisions: (a) Division of the budget and management services. (b) Division of labor relations. (c) Division of parking enforcement. (d) Division of administrative adjudication. Section 2. That a new Section be added as follows: DIVISION OF ADMINISTRATIVE ADJUDICATION Section 295.33 Bureau of administrative adjudication. The division of administrative adjudication, created pursuant to article 14-BB of the New York State general municipal law enacted by chapter of the laws of 1995, shall be operated in accordance therewith, and shall also be known as the bureau of administrative adjudication. Section 295.34, Director of administrative adjudication. The head of the division of administrative adjudication shall be the director of the bureau of administrative adjudication and shall be the chief administrative law judge of the bureau with all the powers of an administrative law judge conferred by section 31 of article 14-BB of the general municipal law and shall perform all duties specified thereunder, The director shall be appointed by the mayor for a term of five years, subject to confirmation of the common council. The director shall be removable only for neglect of duty or misfeasance in office after notice and an opportunity for a hearing. The director shall perform his or her duties in accordance with the provisions of article 14-BB of the general municipal law. Section 295.35, Jurisdiction to impose civil penalties, The bureau of administrative adjudication shall have jurisdiction to conduct proceedings for the adjudication of code and/or ordinance violations conditions which constitute a threat or danger to the public health, safety or welfare for which civil penalties may be imposed, and to render decisions and orders and impose civil penalties provided under law, but in no case shall the bureau of administrative sentence of imprisonment upon a finding of guilty, nor shall any administrative law judge order the arrest or detention of any person for any reason. Section 295.36, Commencement of proceedings, The bureau of administrative adjudication is authorized pursuant to article 14-BB of the general municipal law, hereby by adopted by and made applicable to the City of Buffalo, to conduct administrative proceedings in accordance with the provisions thereof. Section 295.37. Administrative appeals panel; interlocutory appeals. The bureau of administrative adjudication shall include one or more administrative panels within the bureau as provided under section 395 of article 14-BB of the general municipal law. Such administrative appeals panel shall be constituted in article 14-BB. The determination of such administrative appeals panel shall be the final determination of the bureau for the purposes of review pursuant to article 78 of the civil practice law and rules, Section 295.38. Judicial enforcement, Any order or subpoena or any final decision or determination of rendered by the bureau of administrative adjudication subject to enforcement by the judiciary in an action or proceeding commenced in a court of competent jurisdiction by the prevailing party, including the bureau of administrative adjudication. Section 295.39. Restriction on collateral use. Decisions, determinations and orders issued by the bureau of administrative adjudication shall not by cited, and shall not be considered pecedent nor be given any force or effect in any civil or criminal forfeiture proceeding. Section 295.40. Miscellaneous. The operation of the bureau of administration created hereunder shall at all times be conducted in accordance with the provisions of article 14-BB of the general municipal law. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local Law is necessary. ANTHONY M. MASIELLO MAYOR APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter underlined is new. PASSED AYES- 13 NOES- 0 No. 209 By: Mrs. LoTempio Grant Permission for Banner for Make a Wish Fall Festival Whereas: he Make a Wish Foundation is holding a Fall Festival on September 24th, 1995; and Whereas: The Foundation has requested permission to erect banners at Chippewa and Delaware and in Niagara Square to advertise the Fall Festival; and Whereas: The Foundation would like to erect the banners and keep them up between September 6th and September 24th; Now, Therefore, Be It Resolved That: This Common Council grants permission to the Make a Wish Foundation to erect banners at Delaware and Chippewa and at Niagara Square pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED. AYES- 13 NOES- 0 No. 210 By: Mrs. LoTempio Establish Installment Payment Plan for Property Taxes Whereas: At present, the policy of the City of Buffalo is to collect property tax payments two times during the course of the fiscal year; and Whereas: The lump sum payment policy, which requires payment of the full amount due, often presents difficulties for homeowners on fixed incomes, particularly senior citizens. In some cases, individuals are forced to borrow money to make payment; and Whereas: Erie County allows property taxes to be paid on an installment basis; and Whereas: Homeowners who are required to make escrow payments into their mortgage are essentially on an installment plan for property taxes; and Whereas: Allowing homeowners who pay their property taxes directly to the city to make the payments on an installment basis would benefit many people ; and Whereas: An installment plan for payment should be limited to current year tax liability only, and not be applicable to any arrears; Now, Therefore, Be It Resolved: That this Common Council request that the Commissioner of Administration and Finance respond to this proposal for an installment plan, specifically outlining the Administration's position on the issue; and Be It Further Resolved: That if it is feasible to implement an installment payment plan, preferably on a monthly basis, this Council request that the appropriate legal and administrative procedures be prepared and submitted to this Body for approval. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 211 By: Mrs. LoTempio Installation Speed Limit Signs Various Locations-Elk Street Whereas: There have been numerous complaints and concerns expressed about the safety of pedestrians due to the increased flow of automotive traffic on Elk Street; and Whereas: Various schools and playgrounds are located in the area of concern, exposing children to potential danger; and Whereas: Due to the amount of pedestrian and automotive traffic, speed limit signs should be placed in certain locations to alleviate a potentially hazardous condition; Now, Therefore Be It Resolved: That this Common Council requests the Department of Public Works to install speed limit signs at the following intersections: Euclid and Elk Smith and Elk South Park and Elk ADOPTED. No. 212 By: Mrs. LoTempio Maintain Civil Service Lists Active During Hiring Freeze Whereas: As one of the recommendations from the General Fund Second Quarter Gap Sheet, the administration called for a hiring freeze for the duration of the 19941995 fiscal year; and Whereas: Several Civil Service eligibility lists expired at the end of 1994/ 1995 or are about to expire in the near future; and Whereas: The hiring freeze may have affected individuals who were on eligible lists that have expired or are due to expire in the next few months; and Whereas: This creates an unfair situation for those people who were caught in the hiring freeze, while the lists expired or aged; and Whereas: All Civil Service Lists should be extended by six months, the time period of the hiring freeze, in order to be fair to those individuals at or near the top of expiring lists; Now, Therefore, Be It Resolved: That this Common Council requests the Civil Service Commission to extend the expiration of the present City of Buffalo Civil Service lists by six months to compensate for the hiring freeze; and Be It Further Resolved: That the Buffalo Civil Service Commission file its response with the Common Council as soon as possible; and Be It Finally Resolved: That this Common Council also request the Corporation Counsel to respond to this request by September 12, 1995. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 213 By: Mr. Pitts Conversion of Courtyard Mall to Gambling Casino Whereas: Carl Paladino a real estate developer recently purchased the Courtyard Mall Complex on Main Street. Mr. Paladino has proposed publicly to redevelop the property for badly needed retail, and Whereas: While Mr. Paladino is purporting to develop retail it is rumored that he is negotiating with the Seneca Nation to develop a Gambling Casino at the site, and Whereas: While various proposals have been advanced for casinos in Buffalo, the State has only begun the two year process necessary to approve a land based casino, and Whereas: During the required approval process City representatives and members of the private sector have been meeting to develop an appropriate Request for Proposals. In fact, there is a consensus that before any casino is developed there must be very clear standards developed which will make a prospective casino an asset as a tourist, entertainment and economic attraction, and Whereas: It is also a consensus that any proposed developer of a casino be chosen based upon the resources, reputation, experience and success of other ventures. That developer should be chosen as a result of an open process of selection and review by the coalition of the public and private sector, and Whereas: The rumored negotiations between Mr. Paladino and the Seneca Nation would undercut the present process. The Seneca Nation would be able to convert the Courtyard site to reservation land, thus establishing a casino immediately minus the legal State process, and Whereas: If Mr. Paladino's real goal is to sell the Courtyard Mall site to the Seneca Nation rather than develop a retail complex, then the City and Public should know. Especially with the present level of planning involvement of downtown business people and City interests. Now Therefore Be It Resolved That: The Common Council request the Corporation Counsel and Commissioner of Community Development to request information from Mr. Carl Paladino and the Seneca Indian Nation on any negotiations taking place to develop the Courtyard Mall site as a Gaming Casino. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL. No. 214 By: Mr. Pitts Downtown Parking Meter Rates Whereas: The Masiello administration is seriously studying raising parking meter rates in the downtown area; and Whereas: Just three years ago rates were doubled from 25 cents an hour to 50 cents an hour throughout the city; and Whereas: A proposal to raise the hourly rate at downtown meters from 50 cents an hour to one dollar an hour has been criticized by many as a potential impediment to the economic vitality of downtown; and Whereas: There are also concerns that this change is being contemplated without full consideration of or coordination with the downtown parking ramps; and Whereas: Before any new fee structure for downtown parking meters is put into place, an effort should be undertaken to assess the full long and short term impact of such an action; and Whereas: There also needs to be the development of a formal downtown parking plan that will ensure a system of parking that is fair, reasonable, and enhances the area's economic viability; Now, Therefore Be It Resolved: That this Common Council hold a public hearing on parking meter rates prior to the implementation of any rate increases; and Be It Further Resolved: That a Downtown Parking Task Force be established comprised of representatives of the downtown business community, the Board of Parking, Buffalo Civic Auto Ramps, Alright Parking, the Council, and the administration; and Be It Finally Resolved: That this task force be requested to develop a comprehensive strategy for downtown parking that will coordinate on-street and off-street parking in the central business district. Mr. Pitts moved that the lst Resolve be referred to the Committee on Finance and the 2nd and 3rd Resolves be approved. ADOPTED. No. 215 By: Mr. Pitts Drug-Free, Gun-Free Library Zones Whereas: Drug-Free and Gun-Free Zones have been established in the vicinity of Buffalo Public Schools through federal legislation; and Whereas: These zones were created to discourage gun- and drug-related activities from occurring in the areas around schools because of the large numbers of young people who are frequently in such areas; and Whereas: The zones provide for enhanced federal penalties against individuals who are found guilty of committing gun- and drug-related offenses in those zones; and Whereas: Drug-Free and Gun-Free Zones are generally considered a highly effective tool in helping protect our children from such nefarious activities; and Whereas: Establishing similar zones for the areas around public libraries would further serve to discourage illicit activities in areas frequented by young people, and give those who wish to use our library system the opportunity to do so in relatively secure surroundings; Now, Therefore Be It Resolved: That this Common Council memorialize the United States Congress to establish "Drug-Free, Gun-Free Library Zones"; and Be It Further Resolved: That the City Clerk be directed to forward certified copies of this resolution to the Western New York Congressional delegation, Senators Moynihan and D'Amato, and the Buffalo and Erie County Public Library Board of Trustees. ADOPTED. No. 216 By : Mr. Pitts Sale of 88 Monroe Street Whereas: 88 Monroe Street is a vacant lot. The lot is 30' x 109' which is inadequate for housing development, and Whereas: The owner of 90 Monroe Street, Mrs. Bessie Bynes has maintained 88 Monroe for years as a community garden, etc. In fact, Mrs. Bynes had homesteaded the property some years ago, and Whereas: Mrs. Bynes wishes to purchase the vacant lot to expand her yard. She made this decision after she inquired about the status of the property, and Whereas: Mrs. Bynes has acted as the owner of the lot over ten years and deserves to actually own it. Now Therefore Be It Resolved That: The Common Council requests the Comptroller to negotiate a private sale of 88 Monroe Street to Miss Bessie Bynes owner of 90 Monroe Street. ADOPTED. No. 217 By: Messr. Pitts & Czajka Set Public Hearing LDA For A 4.2 Acre Parcel in Thruway Industrial Park - Phase II Whereas, Father Sam's Pocket Bread and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of disposition Parcel 3 in the Thruway Industrial Park - Phase II. Whereas, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and Whereas, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 8th day of September 1995. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 19th day of September 1995. ADOPTED, No. 218 By: Mr. Zuchlewski Change Payment Schedule for Cutting City Lots Whereas: The city currently charges $50 when city crews are required to mow privately-owned overgrown lots; and Whereas: Factoring in labor, equipment and overhead, it costs the city far more than this amount for most lots; and Whereas: City workers are also often called on to take care of lots owned by the city and this cost is not factored into the price of the lots when they are sold at auction or otherwise; and Whereas: The city's costs in caring for lots should be factored into the price charged for the lot; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to draft and file with the Council an ordinance amendment increasing the charge for mowing privately owned lots to $1 00 each or to an amount based on square footage that adequately covers the city's cost; and Be It Further Resolved That: The ordinance amendment should also include a provision that charges for caring for a lot be included in the price charged for the lot when the city sells it. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND THE CORPORATION COUNSEL. No. 219 By: Mr. Zuchlewski Involve Department Heads in Labor Contract Negotiations Whereas: It has come to the attention of this Council that negotiations over labor contracts are taking place without much consultation between the Division of Labor Relations and the heads of the affected departments; and Whereas: In an era when government efficiency is crucial there are many important issues covered in labor contracts that strongly impact the ability of departments to function efficiently; and Whereas: Department heads, who should have a realistic vision of changes needed in their departments, ought to be consulted frequently as negotiations proceed; Now, Therefore, Be It Resolved That: This Common Council requests the Mayor and the Director of Labor Relations to respond to this Council with their position on involving department heads in labor negotiations related to the efficient functioning of city departments. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 220 By: Mr., Zuchlewski Squaw Island Composting Contract Whereas: The City of Buffalo (the "City") has a lease and occupancy agreement with Parker Bay Consultants, Inc. ("Parker Bay") for the West Side Transfer Station on Squaw Island (the "Squaw Island Lease"); and Whereas: The City also has a solid waste composting agreement with Parker Bay (the "Composting Contract"); and Whereas: The City desires to renew the Composting Contract and renew the Squaw Island Lease under the terms and conditions set forth in this resolution; Now, Therefore, Be It Resolved: The Squaw Island Lease and Composting Contract are hereby renewed and extended for a period of five (5) years commencing from the execution of such documents as are prepared by the Corporation Counsel to effectuate this resolution. The documents effectuating this resolution shall contain the following terms and conditions in form acceptable to the Corporation Counsel: 1. The Composting Contract and the Squaw Island Lease shall have concurrent terms. 2. Parker Bay will relocate its composting and recycling operations if those operations would inhabit the closure of Squaw Island. 3 . Parker Bay shall not commence any new recycling operations or accept any different materials than currently permitted under their NYSDEC permits and the existing composting contract (a summary of materials presently accepted and recycling operations presently underway is annexed hereto) without the prior approval of (a ) the Commissioner of Public Works of the City of Buffalo, (b) the Corporation Counsel and (c) the Common Council which approval may be conditioned upon revenue sharing with respect to such materials. Materials produced from new recycling operations shall be provided to the City for capping Squaw Island at no cost to nor credit given to the City. All amounts paid to the City from new recycling operations as a result of any revenue sharing agreements that may be reached shall be dedicated for waterfront development projects. 4. Parker Bay shall assist the City in defining the current problems associated with the resident drop off program. The City shall consider establishing limitations on the drop off of materials by City residents. 5. Parker Bay shall permit the Comptroller's Office to audit annually the operational and financial records of Parker Bay's Squaw Island operations with the terms and conditions of such audit established by a pre-audit interview and prior to issuance of a final report, an exit interview with Parker Bay retaining the right to submit additional supporting or clarifying documentation. The City shall also be permitted to inspect Parker Bay's Squaw Island operations with reasonable notice. 6. Parker Bay shall agree to attend the North District Waterfront Review Committee meetings as may be reasonably requested by the Commissioner of Public Works, the District Councilman and/or the Committee, which may include the monitoring of Parker Bay's operations and the development of a closure plan and park for Squaw Island. 7. Parker Bay shall work with the District Councilman, Waterfront Review Committee, and the Commissioner of Public Works and comply with reasonable requests to maintain, enhance and improve the overall appearance of the Squaw Island operations. Such improvements may include bermes, fencing, plantings, and other such aesthetic items. 8. Parker Bay shall immediately commence discussions with the NYSDEC to request and obtain the approval under the current operating permits to stockpile materials that may be utilized to cap Squaw Island. 9. Parker Bay shall submit to the Commissioner of Public Works a list of the various materials that may be used in the closure of Squaw Island and other City capital improvement projects. Parker Bay, the Commissioner of Public Works and Corporation Counsel shall agree to the use of such materials and their respective values before stockpiling of materials commences. 10. Parker Bay shall submit a material stockpile program identifying the types and duration of stockpiles that may become necessary for operations and/or accumulation for Squaw Island closure efforts. 11. Parker Bay shall be permitted to continue its donations of materials to community groups up to 500 cubic yards per year in total of soil and/or mulch and the City shall continue to schedule trucks, when possible, to transport said materials to community groups. The remainder of materials suitable for use in capping Squaw Island shall remain on Squaw Island for capping purposes. 12. Parker Bay will forego the annual cost of living adjustment for the contract year 19941995. This cost of living adjustment would be 3.2% and equates to a savings of $0.65 per ton for materials delivered to the City. 13. Parker Bay agrees to pay the City of Buffalo $2.15 per ton for all materials that will be used to cap Squaw Island generated by Parker Bay's existing composting or recycling operations. 14. For municipal entities other than the City of Buffalo, Parker Bay agrees to work with the Commissioner of Public Works to establish rates for waste generated by such municipal entities and pay the greater of (a) $ 1. 00 per ton or (b) fifty percent 50%) of all revenues in excess of the rate paid by the City of Buffalo to Parker Bay. The materials produced from wastes generated by municipal entities other than the City of Buffalo shall be provided to the City for capping Squaw Island at no cost to nor credit given to the City. All amounts paid to the City from waste delivered by non-municipal entities as a result of agreements that may be reached shall be dedicated for waterfront development projects. 15. Parker Bay shall work with community groups to development and implement fund raising programs through the sale of compostable materials such as composted topsoil, mulches, and firewood whereby education of recycling efforts takes place and community groups may empower themselves through the sale of materials to their members. 16. Parker Bay shall continue to work with the City of Buffalo to establish a curbside 17. Parker Bay shall, at the City's sole request and option, continue to provide input into the closure plan for Squaw Island. 18. Parker Bay shall provide the City with a proposal for the demonstration of capping of one acre of Squaw Island landfill utilizing all recycled and reclaimed materials. 19. Parker Bay shall, at the City's sole request and option, develop an educational program and tour of composting operations for Buffalo school children. PASSED. AYES-13 NOES- 0 No. 221 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 Minority Enterprise Development Week By Councilmember Arthur Felicitation for The Dunbar-Abrams Alumni Association By Councilmember Collins Felicitation for Mrs. Jacqueline Morana By Councilmember Czajka ADOPTED. No. 222 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Mary R. Gowanny Evelyn Juarbe ADOPTED. No. 223 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required-Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Kenneth J. Nies ADOPTED. UNFINISHED BUSINESS No. 224 Claim - Jos./Theresa Borgesi - Tree Damages $1,575.25 Item 1136, C.C.P. Jun 27, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Coppola. CARRIED. Mr. Pitts now moved that the above item be referred to the Committee on Claims. Seconded by Mr. Coppola. ADOPTED. No. 225 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 Claims Tuesday, September 12, 1995 9:00 AM Civil Service Tuesday, September 12, 1995 - following Claims Finance Tuesday, September 12, 1995 - following Civil Legislation Tuesday, September 12, 1995 2:00 PM Econ. Dev. Wednesday, September 13, 1995, 10:00 AM U. R. Agency Wednesday, September 13, 1995 following Ec. Dev. No. 226 Adjournment On a motion by Mr. Pitts, seconded by Mr. Helfer the Council adjourned at 3:05 PM. Charles L. Michaux, III City Clerk