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HomeMy WebLinkAbout96-1015 1No. 19 Common Council Proceedings of the City of Buffalo Regular Meeting, October 15, 1996 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbra Kavanaugh Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware Barbara Miller-Williams - Ellicott David A. Franczyk Fillmore David J. Czajka Lovejoy Byron Brown Masten Robert Quintana Niagara Dale Zuchlewski North Bonnie K. Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : David J. Czajka, Chairman, Alfred T. Coppola, Kevin J. Helfer,David Franczyk, Barbara Miller-Williams, Members CLAIMS COMMITTEE : Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-Williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. FINANCE COMMITTEE: David A. Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio, Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer. BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown 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; Kevin J. Helfer, Rosemarie LoTempio. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, 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, 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, October 15, 1996 at 2:00 P.M. PRESENT- James W. Pitts President of the Council, and Council Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13. ABSENT- None. On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated meeting held on October 1, 1996, were approved. FROM THE MAYOR No. 1 Appointment & Reappointment of Members Buffalo Environmental Management Commission Pursuant to the powers vested in me by Section 318.2 of the Charter of the City of Buffalo, as amended, I hereby reappoint and appoint the following individuals as members of the Buffalo Environmental Management Commission: Reappoint: Cynthia A. Schwartz, 833 Auburn Avenue, Buffalo, N.Y. 14222 Ms. Schwartz term will commence immediately and will expire December 13, 1998. Appoint: Margery A. Miller, 296 Huntington Avenue, Buffalo, N.Y. 14214 Ms. Miller is a self-employed attorney, doing primarily Family Court work with indigent clients. She is a member of the Delaware Park Steering Committee since 1987 and chairperson since 1989. This committee is dedicated to preservation and improvement of Delaware Park. She has worked with various city departments and officials and the Common Council on matters affecting the Park. Margery Miller has worked on several task forces and committees such as Parks Conservancy Task Force, Delaware Park Casino Committee, Delaware Park Jogging Path Committee, Parks Oversight Committee, etc. Margery worked as staff aide for Minneapolis preservation board, participated in formation of Buffalo Environmental Task Force and serves as a member of the Board of Directors of the Buffalo Olmsted Parks Conservancy. Margery A. Miller will serve as a replacement for Arthur J. Giacalone who has resigned. Her term will expire May 1, 1998. Wayne Lewis Creelman, M.D., F.A.P.A., 90 Meadow Road, Buffalo, N.Y. 14216 Dr. Creelman is Psychiatrist-in-Chief/Medical Director, Senior Vice President of Patient Care Services at Bry-Lin Hospitals. Dr. Wayne Creelman has served at many prestigious hospitals, including Jackson Brook Institute, Main Medical Center, The Institute of Living and Hartford Hospital. He has received numerous awards and honors in the psychiatric field. Dr. Creelman has taught and presently teaches in local universities. He has written many books, articles, reviews and had exhibits in the United States and abroad. Dr. Wayne Creelman has given scholarly talks/presentations, too numerous to list. He also gave many media presentations. Again, he is a member in many professional organizations and activities too numerous to list. Dr. Creelman is filling the unexpired term of Germaine M. Buck, and whose term will expire 12/14/97. I hereby certify that the above named individuals are fully qualified for reappointment and appointment to the Buffalo Environmental Management Commission. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT CITY PLANNING BOARD No. 2 Paradise Opportunities Inc. Request to Expand Existing Halfway House for Women 36 Stanislaus Street Item No. 83, C.C.P., 10/1/96 The City Planning Board at its regular meeting held Tuesday, October 8, 1996 considered the matter referenced above pursuant to section 511-136 of the Buffalo Code, Review of Human Service Providers. The applicant seeks to expand an halfway house to include three additional beds. The original request to establish the halfway house was approved by your Honorable Body (C.C.P. September 7, 1993). Pursuant to the Buffalo Code, human service organizations may be established in any zone in the city, providing that they are approved individually by your Honorable Body upon a determination that such facilities do not adversely affect neighborhood fabric by the excessive concentration of such facilities. In this instance, the Board finds that while there is some concentration of human service providers within one-half mile of the site, the area is not saturated with such uses. Moreover, it is noted that the facility has been in operation for over 3 years and that no opposition to the facility has materialized. Under, SEQR the proposed expansion is considered a Type 11 action which does not require further environmental review. The Planning Board voted to approve the proposed halfway house expansion. RECEIVED AND FILED. No. 3 Franklin Street Partners Request to Expand Existing Restaurant 488 Franklin Street Item No. 84, C.C.P., 10/1/96 The City Planning Board at its regular meeting held Tuesday, October 8, 1996 considered the matter referenced above pursuant to section 511-57 of the Buffalo Code, Expansion of Restricted Uses in the Allen District. The applicant seeks to expand an existing restaurant. The proposed expansion must be approved by your Honorable Body, since it is considered a restricted use in the Allen Street Special Zoning District. The site is also located in the Allentown Historic District. No exterior work is anticipated for the expansion. Under SEQR the proposed expansion is considered a Type 11 action which does not require further environmental review. The Planning Board voted to approve the proposed restaurant expansion. RECEIVED AND FILED. FROM THE COMPTROLLER No. 4 Certificate Of Necessity Increased Appropriation Appropriation Allotments - Board of Education We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $2,000,000 in the estimates for the fiscal year beginning July 1, 1995 is necessary in Appropriation Allotments - Board of Education, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase in the General City Revenue account 100-810-403-85550 Special State Assistance, not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, September 23, 1996 RECEIVED AND FILED. No. 5 Monthly Overtime Usage Report I am providing the Common Council with the Monthly Overtime Usage Report as of 9/30/96. This report describes expenditures for overtime for all City departments as well as projecting overtime expenditures for the entire fiscal year based on current usage patterns. REFERRED TO THE COMMITTEE ON BUDGET. No. 6 Info - Checks Received - Buffalo Police Department Items 35 & 36, C.C.P., 10/1/96 On April 11, 1996, my office filed an audit report prepared by Lumsden & McCormick, LLP. This report was prepared to comply with the rules and regulations of the U.S. Department of Justice's Asset Forfeiture Program. If this report does not meet with the needs of the Common Council, my office stands ready to cooperate by virtue of an additional audit. REFERRED TO THE COMMITTEE ON FINANCE. No. 7 Audited Financial Statements Buffalo Municipal Water Finance Authority Years Ended June 30, 1996 and June 30, 1995 with Report of Independent Auditors This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the years ended June 30, 1996 and 1995 with Report of Independent Auditors, Ernst & Young, LLP, have been distributed to members of the Buffalo Water Board, each Councilmember, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF PUBLIC WORKS, THE WATER BOARD AND THE CORPORATION COUNSEL. No. 8 Report of Audit Entertainment Ticket Fee Revenue Buffalo Philharmonic Orchestra Item No. 2, C.C.P., 10/10/96 In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Buffalo Philharmonic Orchestra, Entertainment Ticket Fee Revenue, audit report for the period July 1, 1993 to June 30, 1996. In our opinion the following transactions are necessary to bring KMHM and the BPO into compliance with the surcharge agreement as amended by C.C.P. #2, 10/10/95 (ref Attachment B) BPO to pay KMHM $13,413.31 BPO to pay City of Buffalo $1,264.77 KMHM to pay City of Buffalo $4,046.17 The City's computerized accounts receivable system is presently being utilized to provide an adequate system of controls over the billing, collecting, recording and depositing of the 5% surcharge revenue for all other City owned facilities. As the original contract is written with KMHM, it must now remit all such surcharge Monies collected on tickets or admissions sold for use of the building to the City. Since KMHM has no way to verify amounts received from BPO, the BPO should remit directly to the City using the form presently utilized by other entities. KMHM would then only remit 5% for events other than the BPO'S. We recommend the City enter into a separate contract with the BPO to remit the 5% surcharge directly to the City using the presently utilized system. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 9 Report of Audit Division of Water In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Public Works, Division of Water, audit report for the period July 1, 1993 to December 31, 1995. Based on our examination, we strongly recommend that serious consideration be given to the merging of the Buffalo Sewer Authority with the Division of Water. The potential savings in duplication is noteworthy in light of the fact that the City has only limited financial avenues to tap and some of these continue to erode. In addition, the division must address issues that impact upon their cash inflows. Instances where there are lags in billing of several months, or work performed that is never charged and outstanding receivables of nearly $13 million cannot be tolerated. Currently there appears to be a lack of direction and supervision in this division. There needs to be clear lines of duty delineated between the work that should be performed by supervisors and that of non supervisory personnel. Further, it is important for the Water Board to meet frequently with the appropriate division heads to maintain contact with the department. It is our intent that the division give serious consideration to implementing our audit recommendations in order to improve its stewardship over the resources the taxpayers have entrusted to it. REFERRED TO THE COMMITTEE ON FINANCE, THE BUFFALO SEWER AUTHORITY AND THE CORPORATION COUNSEL. No. 10 Info - Board of Education Building Program - Financing Emerson High School The following information is in response to your question on the consequence that financing $2 million for the Root Building will have on the financing model for the City of Buffalo/Board of Education $80 million Capital Project Plan. Using the most recent financing model that we have, the $2 million reconstruction for Emerson will be taken from the Capital Reserve Fund. (See Attached) At June 30, 2003 the Capital Reserve Fund would have $13,305,360 instead of $12,305,360. The model can support this expenditure provided that the variables which were used to build the model remain consistent. One must remember that the model includes many variables such as projected interest rates, building aid reimbursements, and interest earnings on both the Construction Fund and the Capital Reserve Fund. If interest rates on bond issues increase or the interest rates on earnings decrease, the financing model will be audited. Of an even greater consequence, if the reimbursements from the State Building Aid are less than anticipated the affect on the financing model will be adverse since State Building Aid Reimbursement will constitute over 35% of the debt service payment. REFERRED TO THE COMMITTEE ON EDUCATION. No. 11 Result of Negotiations Purchase of Conrail Properties East Delavan - East Amherst East Amherst - Main Street Item No. 169, C.C.P., 3/5/96 In the above referenced item Your Honorable Body authorized the Comptroller's office, Division of Real Estate, to negotiate the purchase of the above mentioned properties and report back to the Common Council for final approval. The properties are owned by Consolidated Rail Corporation and will be used for two separate projects. The 25 acre vacant parcel of land located between E. Delavan and E. Amherst will be used for the Northeast Buffalo Parkway. The purchase price for the acquisition will be funded with dollars from the New York State Industrial Access Program. These funds are available in CBF #200-401-562-00-000. The 15.7 acre vacant parcel of land located between E. Amherst and Main Street will be acquired for the Main-LaSalle Revitalization Project and will be developed as a new road connecting Main Street to Amherst Street along the abandoned Conrail Rail R.O.W. The acquisition of this property will be funded with Block Grant Funds #95-40204). This office commissioned two independent appraisers to estimate the fair market value of the property between E. Delavan and E. Amherst Street. Pirritano Appraisals submitted an estimate of $10,438 per acre and R.W. Bronstein submitted an estimate of $10,436 per acre. The Department of Community Development commissioned two appraisers to estimate the fair market value of the property between E. Amherst and Main Street. H. Schultz submitted an estimate of $15,000 per acre and G.A.R. Associates submitted an estimate of $15,000 per acre for the parcel. The results of our negotiations with Gerard Edwards, Property Manager for Consolidated Rail Corp., is that the City will purchase both parcels of land from Conrail for a total of $490,000.00 or $12,000 per acre. I am recommending that Your Honorable Body approve the purchase price in the amount of $12,000 per acre or $300,000.00 for the 25 acre parcel between E. Delavan and E. Amherst Street and $190,000 for the 15 acre parcel between E. Amherst and Main Street, for a combined total of $490,000.00. I am further recommending that the Corporation Counsel be authorized to prepare all the necessary documents for the acquisition of title and that the Comptroller be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 12 Result of Negotiations 853 East Ferry, W Corner Kehr Vacant Lot: 18' x 104' Assessed Valuation: $1,400 The Comptroller's Office, Division of Real Estate, has received a request from Mr. Quentin Littleton residing at 851 E. Ferry, Buffalo, New York 14211, to purchase the above captioned property. Mr. Littleton intends to acquire this property for extra yard space and for a parking area. The Department of Community Development and the Division of Collections have been contacted. They have no objections to the sale. There are no code violations, taxes, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Robert E. Jones, Appraiser, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the fair market value of the property to be Three Hundred Dollars ($300.00). This represents approximately Sixteen Cents (.16) a square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Fifteen Cents (.15) a square foot to Forty Cents (.40) a square foot. The results of our negotiations are that Mr. Quentin Littleton has agreed and is prepared to pay Three Hundred Dollars ($300.00) 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. I am recommending that Your Honorable Body approve the offer of Mr. Quentin Littleton in the amount of Three Hundred Dollars ($300.00). 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. 13 Result of Negotiations 356, 358, 360 & 368 E. North Street The Comptroller's Office, Division of Real Estate, has received a request from Faith Apostolic Church of Christ, Inc., 341 E. North Street, Buffalo, New York 14204, to purchase the above captioned properties. The Church intends to use these properties for the construction of a new church edifice and parking facilities. The Department of Community Development and the Division of Collections have been contacted. They have no objections to the sale. There are no code violations, taxes, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the properties were conducted by Jones Real Estate Appraisal & Financial Services, Inc., 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the fair market value of the above properties to be Twenty-Two Hundred Dollars ($2,200.00). This represents approximately Twenty Dollars ($20.00) a front foot value for the subject properties. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Pastor Roscoe E. Jones, of the Faith Apostolic Church of Christ, Inc., has agreed and is prepared to pay Twenty-Two Hundred Dollars ($2,200.00) for the four (4) properties. He 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 the above mentioned properties to Faith Apostolic Church of Christ, Inc., in the amount of Twenty-Two Hundred Dollars ($2,200). 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. 14 Result of Negotiations 247 Grape Street, 100' N North Vacant Lot: 27' x 100' Valuation: $1400 The Office of the Comptroller, Division of Real Estate, has received a request from Faith Apostolic Church of Christ, Inc., 341 E. North Street, Buffalo, New York 14204, to purchase the above captioned property. The Church intends to use this parcel for construction of new church edifice and parking facilities. The Department of Community Development and the Division of Collections have been contacted and they have no objections to the sale. There are no outstanding building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Jones Real Estate Appraisal & Financial Services, Inc., 1325 Kensington Avenue, Buffalo, New York 14215. They have estimated the fair market value of the property to be Five Hundred Dollars ($500.00). The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Pastor Roscoe E. Jones of the Faith Apostolic Church of Christ, Inc. has agreed and is prepared to pay Five Hundred Dollars ($500) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 247 Grape Street to the Faith Apostolic Church of Christ, Inc. in the amount of Five Hundred Dollars ($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. 15 Result of Negotiations 133 Woodlawn, 30' W Masten Vacant Lot: 30' x 70' Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Nora Wright residing at 131 Woodlawn Avenue, Buffalo, New York 14209, to purchase the above captioned vacant lot. Ms. Wright intends to use this adjoining vacant lot for expansion of her yard area. The Department of Community Development and the Division of Collections have been contacted and they have no objection to the sale. There are no building code violations, taxes or other liens owed by the purchaser. An independent appraisal of the property was conducted by Mr. Dennis R. Walker, Able Appraisal Associates, 2560 Bailey Avenue, Buffalo, New York 14215. He has estimated the fair market value of the property to be Eight Hundred and Fifty Dollars ($850.00). This represents approximately Forty Cents (.40) a square foot for the subject property. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Ms. Nora Wright has agreed and is prepared to pay Eight Hundred and Fifty Dollars ($850.00) 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 descriptions. I am recommending that Your Honorable Body approve the sale of 133 Woodlawn Avenue to Ms. Nora Wright in the amount of Eight Hundred and Fifty Dollars ($850.00). 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. Mrs. LoTempio moved: That the communication from the Comptroller dated October 10, 1996, be received and filed; and That the offer of Ms. Nora Wright of 131 Woodlawn Avenue, in the sum of $850.00 (Eight Hundred and Fifty Dollars) to purchase the property described as 133 Woodlawn, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. 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. PASSED. AYES - 13 NOES - 0 No. 16 Renewal Option Lease Agreement Between City of Buffalo and Fleming Company, Inc. f/k/a Scrivner of NY, Inc. Use of 416 Kenmore Avenue Item #153, C.C.P., October 4, 1983 Your Honorable Body authorized the lease agreement between the City of Buffalo and S.M. Flickinger, Inc. for use of City-owned vacant land at 416 Kenmore Avenue, with the option to renew. This lease was for a five (5) year period commencing October 1, 1983 to September 30, 1988, with succeeding one (1) year renewal options thereafter. The original lease originated with the name as S.M. Flickinger, Inc., then changed to Scrivner of New York, Inc. We have been notified that Fleming Companies, Inc. is the successor by merger to Scrivner of New York, Inc. Mr. Robert W. Smith of Fleming Companies, Inc. has requested to exercise their option to renew said lease for an additional one (1) year period as stated in their lease agreement. The lessee has fully satisfied and complied with all provisions and terms of the lease. The renewal will be for the period of October 1, 1996 to September 30, 1997. This is their 9th renewal option of their lease agreement. The annual rental fee is $40. This office recommends your Honorable Body approve Fleming Companies, Inc. request to exercise their option to renew their lease for an additional one year term. I am further recommending that your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Department of Transportation Acquire Permanent Easement - Hamburg Street The Comptroller's Office, Division of Real Estate, has received a notice of Acquisition and Offer from the New York State Department of Transportation, to acquire property for the reconstruction of the Hamburg Street access ramp. The following parcel and offer of settlement for a permanent easement is as follows: Parcel Area #1 Map 1 3,711 The total area of proposed acquisition is 3,711 sq. ft. The offer of settlement is $1,675 for the permanent easement and represents .45 sq. ft. for the easement. I am recommending that Your Honorable Body approve the offer of $1,675 from the New York State Department of Transportation. I am further recommending that the Corporation Counsel review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 18 Department of Transportation Acquire Temporary Easement - Hamburg Street The Comptroller's Office, Division of Real Estate, has received a notice of Acquisition and Offer from the New York State Department of Transportation, to acquire property for the reconstruction of the Hamburg Street access ramp. The following parcels and offers of settlement for temporary easements are as follows: Parcel Area #4 Map 3 400 + or - sq. ft. #5 Map 3 766 + or - sq. ft. #10 Map 6 1792 + or - sq. ft. The total area of proposed acquisition is 2,958 sq. ft. The offer of settlement is $300 for the temporary easements and represents .10 sq. ft. for the easements. I am recommending that Your Honorable Body approve the offer of $300 from the New York State Department of Transportation. I am further recommending that the Corporation Counsel review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF ASSESSMENT No. 19 Point System/Foreclosure Properties Item No. 233, C.C.P., 09/17/96 The Department of Assessment in utilizing the foreclosure process to enforce collection of tax liens must adhere to New York State law and City Charter and Ordinance provisions. Especially in the case of tax enforcement New York Real Property Tax Law governs and establishes the specific of the process. When the city is foreclosing for unpaid liens one step in the long process is to receive court permission to proceed with the foreclosure. At that stage the city can either take title to all the properties or can offer them at public auction. The city does not opt to take title but to proceed to public auction since it limits the number of parcels that become city owned. To set up a preferential system of points favorable to an existing tenant would not be allowable under the state foreclosure process. The point system however could be applied to a process utilized in the transferring of property already owned by the City of Buffalo through the Real Estate Office. In the current process, there is provision to find that a bidder is not responsible, since they owe tax liens or other money to the City. A person found not to be a responsible bidder is not allowed to consummate a bid and in that manner the City can somewhat control who takes title. The Department of Assessment also maintains a file of approximately 800 individuals who are interested in the city foreclosure auctions. Anyone, including tenants, can he added to the list at anytime and are free to register an a bidder the day of the sale. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 20 NYS Real Prop Serv. Cert Final Adj Base Proportions Item No. 80, C.C.P., 10/1/96 The above item was referred to this department for comment. In June, 1996 the Department of Assessment prepared, with the assistance of the NYS Office of Real Property Services pursuant to the Real Property Tax Law and ORPS Rules and Regulations, a certificate of Base Percentages, Current Percentages and Current Base Proportions. This certificate was submitted for and received Common Council approval, as required by the tax law and ORPS rules, on July 23, 1996, Items 130 and 131. In turn the Council approved certificate must be and was submitted to the NYS Office of Real Property Services. The above noted communication is NYS ORPS certifying that they have established final adjusted base proportions for the 1996 assessment roll for the City of Buffalo and these figures match those approved by the Common Council in July. RECEIVED AND FILED. FROM THE COMMISSIONER OF PUBLIC WORKS No. 21 Notification Serial #8713 Install Stop Sign in Edith Street at Bickford Avenue (Police Emergency) STOP SIGNS - INSTALL In conformity with Section 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 (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision 9 of Section 11 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGN VEHICLES ONSHALL STOP BEFORE ENTERING Edith StreetBickford Avenue These two streets form a "V" intersection which is presently uncontrolled. This action will provide the necessary traffic control for this intersection. Notification Serial #8714 No Standing - Repeal Main Street, east side between LaSalle Ave and Sutton Lane NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, east side4:00 p.m. - 6:30 p.m. between LaSalle Avenue and Sutton Lane Notification Serial #8715 Permissive Parking - Repeal Main Street, east side between Minnesota Ave and Sutton Ln (excluding NSHC areas) PERMISSIVE PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, east side between Minnesota 2 hour parking Avenue and Sutton Lane7:00 am to 4:00 pm (excluding NSHC areas)except Sunday Notification Serial #8716 No Standing - Repeal Main Street, east side between Sutton Lane and a point 15 feet north of the north curb line extended of Heath Street NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, east sideall times between Sutton Lane and a point 15 feet north of the north curb line extended of Heath Street Notification Serial #8717 No Standing - Repeal Main Street, east side between Heath St and University Ave NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, east side from a 7:00 a.m. - 7:00 p.m. point 15 feet north of the north curb line except Sunday extended of Heath Street to a point 30 feet south of the south curb line extended of University Avenue Notification Serial #8718 No Standing - Repeal Main Street, east side between a point 30 feet south of the south curb line extended of University Ave and Bailey Ave NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following. NO STANDING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, east sideAt all times between a point 30 feet south of the south curb line extended of University Avenue and Bailey Avenue Notification Serial #8719 No Standing - Repeal Main Street, west side between Minnesota Ave and W. Winspear Ave NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, west side7:00 a.m. - 10:00 a.m. between a point 60 feet north of except Sunday the north curb line of Minnesota Avenue extended and a point 130 feet south of West Winspear Avenue Notification Serial #8720 Permissive Parking - Repeal Main Street, west side between Minnesota Ave and 3144 Main St PERMISSIVE PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 47 9 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, west side between 2 hour parking a point 60 feet north of a point 10:00 am - 7:00 pm opposite the north curb line of except Sunday Minnesota extended and the south property line of 3144 Main Street Notification Serial #8721 Repeal of No Parking Main Street West side between the south property line of 3114 Main St and the north property line of 3122 Main St NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, west sideAt all times between the south property line of 3114 Main Street and the north property line of 3122 Main Street Notification Serial #8722 Permissive Parking - Repeal Main Street, west side between the north property line of 3122 Main Street and a point 130' south of West Winspear Avenue (excluding NSHC areas) PERMISSIVE PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, west side2 hours parking between the north property line of 10:00 am - 7:00 pm 3122 Main Street and a point 130' except Sunday south of West Winspear Avenue Notification Serial #8723 No Standing - Repeal Main Street, west side between West WinsPear Avenue and University Avenue NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, west side7:00 a.m. - 10:00 a.m. between West Winspear Avenue and University Avenue Notification Serial #8724 Permissive Parking - Repeal Main Street, west side between West Winspear Avenue and University Avenue (excluding NSHC areas) PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, west side2 hour parking between West Winspear Avenue and 10:00 am- 7:00 pm University Avenue (excluding NSHC areas) except Sunday Notification Serial #8725 Permissive Parking - Install Main Street, west side between Minnesota Ave and West Winspear Ave PERMISSIVE- PARKING - 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, west side from a point 2 hour parking 60 feet north of the north curb line 7:00 am - 7:00 pm extended of Minnesota Avenue to a except Sunday point 130 feet south of West Winspear Avenue (excluding NPHTC & NSHTC areas) Notification Serial #8726 Permissive Parking - Install Main Street, west side from West Winspear Avenue to Allenhurst Road PERMISSIVE PARKING -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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, west side2 hour parking from West Winspear Avenue7:00 am - 7:00 pm to Allenhurst Roadexcept Sunday (excluding NPHTC & NSHTC areas) Notification Serial #8727 Permissive Parking - Install Main Street, east side from Minnesota Ave to Sutton Lane (excluding NPHTC & NSHTC areas) PERMISSIVE PARKING -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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, east side from Minnesota 2 hour parking Avenue to Sutton Lane8:00 am - 7:00 pm (excluding NPHTC & NSHTC areas) except Sunday Notification Serial #8728 No Standing - Install Main Street, east side from Sutton Lane to Englewood Ave NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 15 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTIONPROHIBITED PERIOD - OF HIGHWAY DAILY Main Street, east side8:00 AM - 4:00 PM from Sutton LaneSchool Days to the south curb line extended of Englewood Avenue Notification Serial #8729 Install No Standing Main Street, east side from Englewood Ave to Bailey Ave NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Main Street, east sideAt all times from the south curb line extended of Englewood Avenue to Bailey Avenue Notification Serial #8730 Install No Left Turn Main Street, northeast bound at Allenhurst Road REGULATIONS OF TURNS - 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 Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET AT HOURS DIRECTION PROHIBIT Main St Allenhurst Rd 4-7 p.m. - NE bound No Left Turn Notification Serial #8731 Install No Left Turn Main Street, northeast bound at Capen Blvd REGULATIONS OF TURNS -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 Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET AT HOURS DIRECTION PROHIBIT Main St Capen Blvd 4-7 p.m. NE bound No Left Turn Notification Serial #8732 Install No Left Turn Allen Drive, northwest bound at Main Street REGULATIONS OF TURNS -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 Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET AT HOURS DIRECTION PROHIBIT Allen Dr Main St 4-7 p.m. NW bound No Left Turn Notification Serial #8733 Install No Left Turn Kenmore Avenue, west bound at Capen Blvd REGULATIONS OF TURNS -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 Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET AT HOURS DIRECTION PROHIBIT Kenmore Capen Blvd 4-7 p.m. West bound No Left Turn Notification Serial #8734 Install No Left Turn Kenmore Avenue, west bound at Allenhurst Road REGULATIONS OF TURNS - 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 Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET AT HOURS DIRECTION PROHIBIT Kenmore Allenhurst Rd 4-7 p.m. West bound No Left Turn Notification Serial #8735 Repeal No Parking on Lexington Avenue North side from Delaware Avenue to a point 245' west therefrom NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Lexington, north sideAt all times from Delaware Avenue to a point 245' west therefrom This action is being taken at the request of the Delaware Towers to allow better access to their delivery/tenant driveways, and to allow additional on-street parking. (See next serial) Notification Serial #8736 Install No Parking on Lexington Avenue North side from a point 85' west of Delaware Avenue to a point 165' west therefrom NO PARKING -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 PORTION OF HIGHWAY PROHIBITED PERIOD Lexington Avenue, north side At all times from a point 85' west of Delaware Avenue to a point 165' west therefrom This action is being taken at the request of the Delaware Towers to allow better access to their delivery/tenant driveways, and to allow additional on-street parking. (See previous serial) REFERRED TO THE COMMITTEE ON LEGISLATION. No. 22 Difference in Pay - J. Ferraro Mr. Joseph Ferraro, a Water Service Inspector in the Division of Water was on disability from 6/19/96 until he returned to work on 7/15/96. Pursuant to the City ordinance, Chapter 35, Article VI, Sec. 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker's Compensation Law. Therefore, Mr. Ferraro is entitled to a difference in pay from 6/19/96 through 6/3 0/96. The normal salary for 8 days - 864.64. Less deductions for NY State Tax - $32.56; Federal Tax - $73.32; FICA-MED - $66.14 and NY State Retirement $25.93 for a total of $197.95 for deductions. Less payment by Compensation Carrier in the amount of $630.77. Amount due to the employee is $35.97. Also for the period of 7/1/96 through 7/15/96, the normal salary for 10 days $1,109.04. Less deductions for NY State Tax - $47.21; Federal Tax - $114.59; FICA-MED $84.84 and NY State Retirement - $33.27 for a total of $279.91 for deductions. Less payment by Compensation carrier in the amount of $788.46. The amount due to the employee is $40.67 for a total $76.64. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated September 3, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to pay Mr. Joseph Ferraro, a Water Service Inspector in the Division of Water the amount of $35.97 for the period from 6/3/96 through 6/19/96 and the amount of $76.64 for the period from 7/1/96 through 7/15/96. PASSED. AYES - 13 NOES - 0 No. 23 Difference in Pay - P. Mazzone Mr. Philip J. Mazzone, Jr., a Caulker, in the Division of water is on disability from 7/1/96 Pursuant to the City Ordinance, Chapter 35, Article VI, Sec. 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker's Compensation Law. Therefore, Mr. Mazzone is entitled to a difference in pay. The normal salary for 34 days - $3,369.06. Less deductions for FICA-MED - $257.73 and NY State Retirement $101.07 for a total of $358.80 for deductions. (No deductions for Federal and New York State Tax employee claims "exempt"). Less payment by Compensation Carrier in the amount of $2,720.00 for the period from 7/1/96 through 8/16/96. Amount due to the employee is $290.26. Also for the period of 8/16/96 through 10/7/96, the normal salary for 36 days $3,567.24. Less deductions for FICA-MED - $272.89 and NY State Retirement - $107.01 for a total of $379.90 for deductions. (No deductions for Federal and New York State Tax - employee claims "exempt". Less payment by Compensation carrier in the amount of $1.987.34 (66 2/3% disability). The amount due to the employee is $1,200.00 for a total $1,490.26. Payments to continue bi-weekly until employee returns to work of for 6 months. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 7, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to pay Mr. Philip J. Mazzone, Jr., a Caulker in the Division of Water, the amount of $290.26 for the period from 7/1/96 through 8/16/96 and the amount of $1,490.26 for the period from 8/16/96 through 10/7/96. PASSED. AYES - 13 NOES - 0 No. 24 Consistent Policy Regarding Bid Requirements Item No. 146, C.C.P., 10/1/96 The referenced item was referred to this department for response. Please be advised that we have been meeting with the Department of Community Development and members of the Buffalo Economic Development Corporation (CEDI) to formulate a consistent policy dealing with the bidding, first and foremost, of the construction contract for Northeast Buffalo Parkway. I am insistent that these contracts fairly represent the diversity of the community in which the project is being held. Once we have developed the proper plan, I will submit it to the Council for your information. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Change in Contract Timothy J. Burvid Ice Rink New Compressors & Dehumidifiers I hereby submit to Your Honorable Body the following changes for the New Compressors & Dehumidifiers, Timothy J. Burvid Ice Rink - Mollenberg-Betz, Inc., C #91881000. 1. Patch two (2) existing compressor foundation pads and fill in the new Vilter compressor frames. Add $2,200.00 2. Revise dehumidification units ductwork. Add $740.00 The foregoing change results in a net increase in the contract of Two Thousand Nine Hundred Forty and 00/100 Dollars ($2,940.00). Summary: Original Amount of Contract $97,959.00 Amount of This Change (No. 1) Add 2,940.00 Revised Amount of Contract $100,899.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect and the Department of Public Works and found to be fair and equitable. Funds for this work will be available in B/F 200-402-016 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 1, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Mollenberg-Betz, Inc., changes resulting in a net increase in the amount of $2,940.00, as more fully described in the above communication, for work relating to the New Compressors & Dehumidifiers at the Timothy J. Burvid Ice Rink, C #91881000. Funds for this project are to be charged to B/F 200-402-016, Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 26 Change in Contract Michigan Avenue Lift Bridge General Construction Contract Item No. 24, C.C.P., 12/12/95 I hereby request permission from Your Honorable Body to allow the Commissioner of Public Works to grant the following change in contract to C&A Contracting Inc. for additional work on the Michigan Avenue Lift Bridge Rehabilitation Project. Due to unforeseen reconstruction requirements, it is necessary to request a change order for the General Construction Contract for this project (C&A Contracting, Inc.) for the following extra work: 1. The Balustrade Approach Railings proved to be in a condition far worse than the design inspection indicated, thus requiring a considerable extension of the unit price Quantity bid upon. This addition totals $11,583.00. 2. The South Approach (no drawings could be found at time of document preparation) was found to be over 30" thick and very heavily reinforced. I negotiated a price of $27.00 a square foot and the cost of this work for which I am requesting the change order is $6,750.00 The total Change Order requested comes to $18,333.00. No. 1 Railing $11,583.00 South Approach $6,750.00 Total Amount of Change Order No. 1 $18,333.00 Contract Summary: Original Contract Amount$141,350.00 Change Order No. 1$18,333.00 New Contract Amount$159,683.00 The second lowest bidder for this project was Nichter Associates, Inc. with a bid of $162,800.00. I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to C&A Contracting, Inc. in the amount of $18,333.00. Funds for this additional work are available in the Division of Engineering Bond Fund No. 200-401-024. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 7, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to C&A Contracting, Inc., changes resulting in a net increase in the amount of $18,333.00, as more fully described in the above communication, for work relating to the Michigan Avenue Lift Bridge Rehabilitation Project. Funds for this project are to be charged to the Division of Engineering Bond Fund. No. 200-401-024. PASSED. AYES - 13 NOES - 0 No. 27 Change in Contract Air Conditioning System Administrative Offices Buffalo Zoological Gardens I hereby submit to Your Honorable Body the following changes for the Air Conditioning System, Administrative Offices, Buffalo Zoological Gardens - Peerless Air Conditioning & Heating Co., Inc., C #91852500. 1. Replacement of defective main electrical breaker. Add $565.00 The foregoing change results in a net increase in the contract of Five Hundred Sixty Five and 00/100 Dollars ($565.00). Summary: Original Amount of Contract $36,075.00 Amount of This Change (No. 1) Add 565.00 Revised Amount of Contract $36,640.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work will be available in B/F 200-402-028 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 9, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Peerless Air Conditioning & Heating Co., Inc., changes resulting in a net increase in the amount of $565.00, as more fully described in the above communication, for work relating, to the Air Conditioning System at the Buffalo Zoological Gardens, C #91852500. Funds for this project are to be charged to B/F 200-402-028, Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 28 Report of Bids East Clinton Branch Library Emergency Roof Repairs I asked for and received the following informal proposals which were publicly opened and read on October 4, 1996. Jemco Roofing $9,700.00 Weaver Roofing $17,350.00 Jameson Roofing $18,649.00 Blue Ox Roofing $19,268.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Jemco Roofing, in the amount of Nine Thousand Seven Hundred and 00/100 Dollars ($9,700.00) 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 available in CPF 200-402-053 - Division of Buildings. Estimate for this work was $10,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 4, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Emergency Roof Repairs at the East Clinton Branch Library, to Jemco Roofing, the lowest responsible bidder in the amount of $9,700.00. Funds for this project are available in CPF 200-402-053 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 29 Report of Bids King Urban Life Center Roof Reinforcement I asked for and received the following informal proposals which were publicly opened and read on October 9, 1996. International Chimney Corp. $15,200.00 The following companies were invited to bid, but declined: Bock& Whitman Roofing, Inc. Edison Contracting Corp. Lovejoy Sheet Metal C. Nichter Inc. Peyton Barlow Co. J. A. Sanders & Sons, Inc. I hereby certify that the foregoing is a true and correct statement of all bids received and that International Chimney Corp. in the amount of Fifteen Thousand Two Hundred and 00/1 00 Dollars ($15,200.00) 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 available in CPF 200-402-048 - Division of Buildings. Estimate for this work was $15,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 9, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Roof Reinforcement of King Urban Life Center, to International Chimney Corp., the lowest responsible bidder in the amount of $15,200.00. Funds for this project are available in CPF 200-402-048 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 30 Report of Bids King Urban Life Center Roof Restoration I asked for and received the following informal proposals which were publicly opened and read on October 9, 1996. International Chimney Corp. $8,950.00 J. A. Sanders & Sons, Inc. $15,666.00 Bock & Whitman Roofing $19,960.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that International Chimney Corp., in the amount of Eight Thousand Nine Hundred Fifty and 00/100 Dollars ($8,950.00) 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 available in CPF 200-402-048 - Division of Buildings. Estimate for this work was $12,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 9, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Roof Restoration of King Urban Life Center, to International Chimney Corp., the lowest responsible bidder in the amount of $8,950.00. Funds for this project are available in CPF 200-402-048 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 31 Report of Bids King Urban Life Center Miscellaneous Restoration I asked for and received the following informal proposals which were publicly opened and read on October 9, 1996. Add Alt #1 C Nichter Inc. $13,855.00 $2,660.00 Peyton Barlow Co. $16,639.00 $3,125.00 International Chimney $19,500.00 $9,440.00 Alternate #1 is for the painting of Main Entrance Doors, Frames and Transoms. I hereby certify that the foregoing is a true and correct statement of all bids received and that C. Nichter, in the amount of Thirteen Thousand Eight Hundred Fifty Five and 00/100 Dollars ($13,855.00) base bid, add Alternate #1 in the amount of Two Thousand Six Hundred Sixty and 00/1 00 ($2,660.00), for a total of Sixteen Thousand Five Hundred Fifteen and 00/1 00 ($16,515.00) 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 available in CPF 200-402-048 - Division of Buildings. Estimate for this work was $16,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 9, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Miscellaneous Restoration of King Urban Life Center, to C. Nichter Inc., the lowest responsible bidder in the amount of $13,855.00 base bid, add Alternate #1 in the amount of $2,660.00, for a total of $16,515.00. Funds for this project are available in CPF 200-402-048 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 32 Report of Bids Repair to Watercuts 1996-1997 Group #437 Item No. 46, C.C.P., 9/3/96 This is to advise your Honorable Body that I have advertised and received bids on Wednesday, September 25, 1996 for Repair to Watercuts. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase M. Passucci Const, Inc. $228,030.00* $250,000.00 Sunshine Concrete Comp, Inc. $236,555.00 $258,525.00 Thomann & Loewer Asphalt $237,160.00 $259,130.00 * Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is M. Passucci Construction, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Water Authority C.P.F. #416-982-505-00-000 in an amount of $228,030.00, plus approved unit prices not to exceed $21,970.00 for a total encumbrance of $250,000.00. The engineer's estimate for this work is $250,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 12, 1996. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated September 30, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Repair to Watercuts 1996-1997 Group #437, to M. Passucci Construction, Inc., the lowest responsible bidder in the amount of $228,030.00 plus approved unit prices not to exceed $21,970 for a total encumbrance of $250,000.00, with said cost to be charged against the Water Authority C.P.F. #416-982-505-00-000. PASSED. AYES - 13 NOES - 0 No. 33 Ohio Street Lift Bridge Repair to Navigational and Roadway Lighting I hereby request permission from Your Honorable Body to allow the Commissioner of Public Works to receive formal bids to make the necessary repairs to the navigational and roadway lighting on the Ohio Street Lift Bridge. On July 19, 1996 a boat, being guided by a tug, caught the cable and caused damage to the retractable spools which house the cables. After repairs are made, the matter will be turned over to the City of Buffalo Law Department for collection. The company responsible for the damage is Great Lakes Associates, Inc., 901 Fuhrmann Boulevard, Buffalo, New York. Therefore, I respectfully request Your Honorable Body to allow the Commissioner of Public Works to accept informal bids and order the work done. Funds for this work are available in Account No. 200-401-015. We will report the results of the bid to the Common Council when they become available. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 8, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to accept informal bids and order the work for navigational and roadway lighting on the Ohio Street Lift Bridge. Funds for this project are available in Account No. 200-401-015. PASSED. AYES - 13 NOES - 0 No. 34 Privatization of City Water Authority Item No. 151, C.C.P., 10/1/96 The referenced resolution was sponsored by Councilmembers Coppola and Gray and was referred to this department for comment. Although we have not performed any studies comparing the advantages of a private operator over a merger of the Erie County Water Authority, I would encourage Erie County Water Authority to submit a proposal as part of our RFP process. If they do submit a proposal, it will be easy for us to compare consolidation with a contract operation. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 35 Broadway and Washington Street Newsstand within City Right-of-Way Mr. Timothy Tielman, of 448 Vermont Street, has requested permission to install a newsstand within City right-of-way at the northeast corner of Broadway and Washington Street. The proposed newsstand would measure 20 feet in length, 12 feet in width, and approximately 8 feet in height. Although within City right-of-way, the proposed newsstand would not be located within the public sidewalk area. The Department of Public Works has reviewed Mr. Tielman's request pursuant to Chapter 413-67 (Encroachment Regulations) and 289 (Newsstands) of the City Ordinances and has no objection to said installation provided the applicant enter into a lease agreement approved by the Corporation Counsel and/or Director of Real Estate. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 36 Seventh Street Conduit within City Right-of-Way Mr. Daniel R. Emblidge of Ronco Communications, acting as agent for Buffalo General Hospital located at 100 High Street, has requested permission to install a conduit within city right-of-way on Seventh Street. The proposed conduit would contain fiber optic cable and provide transfer of data from Columbus community Health Center, located at 300 Niagara Street, to the Waterfront Health Care Center, located at 200 Seventh Street. The Department of Public Works has reviewed this application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a 'Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the conduit is installed a minimum of 36 inches below the pavement surface. 3. That the applicant supply the Department of Public Works with a set of 'as built" plans showing the location of said conduit. 4. That the applicant provide the Department of Public Works with a five thousand dollar construction in street bond or Certificate of Insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said conduit. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 37 738 Seneca Street Handicap Ramp within City Right-of-Way Mr. Al Roth, of A. J. Roth Construction, acting as agent for Marine Midland Bank, located at 738 Seneca Street, has requested permission to install a handicap ramp within City right-of-way at said address. The proposed ramp would be located on the Emslie Street side of the property and measure 14 feet in total length with a maximum projection from the building face of 5 feet. The Department of Public Works has reviewed this application pursuant to Chapter 413-59.1 (Handicapped Access Ramps) 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 ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 38 Easements for Watermain in South Park We have received a request for a temporary construction easement within South Park, from the engineering consultants for Our Lady of Victory Institutions, Nussbaumer & Clarke, Inc. The purpose of this easement is to provide an area for the removal of an existing water meter pit and a new connection to an existing 12 inch watermain. The construction easement would be temporary in nature and be in effect for a period of six (6) months for the date of issue. The temporary easement area is described as follows: Beginning at the point of intersection of the westerly line of South Park Avenue with the southerly line of the City of Buffalo, said southerly City line being also the northerly line of Nason Parkway, and running thence westerly and along the southerly line of the City of Buffalo fifty (50.0) feet to a point; Running thence northerly and parallel to South Park Avenue fifty (50.0) feet to a point; Running thence easterly and parallel to the south City line fifty (50.0) feet to a point in the westerly line of South Park Avenue; Running thence southerly and along the westerly line of South Park Avenue fifty (50.0) feet to the point of beginning. After the completion of the construction of the new 12 inch watermain, which extends approximately twenty (20) feet into the lands of South Park, the City of Buffalo would grant a permanent easement, extending ten (10.0) feet on each side of the centerline of the new watermain for the purpose of maintaining, repairing or replacing said watermain. The requested easements would be granted on condition that upon completion of the proposed construction the lands in question would be repaired and returned to their present condition. The easements would also be subject to all other conditions required by the City of Buffalo Law Department. As Commissioner of Public Works and Commissioner of Parks, we join together in recommending that Your Honorable Body grant the requested easements to Our Lady of Victory Institutions or to the designee. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Contract Operations - Division of Water Item No. 27, C.C.P., 10/1/96 The referenced item was a submittal from this department regarding the process for RFP's dealing with contract operations for the Division of Water. Council Staff advises that questions were raised as to whether we are proposing a lease or a sale agreement. Neither the Water Board nor myself are advocating any sale of our assets. What is expected through the RFP process is that we will obtain pricing for the operation of the water system by an outside vendor. These proposals will be compared to our existing cost of operation to determine which process is most suitable. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Shea's Performing Arts Center Stage Expansion Lead Agency Designation Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is a Type I action. As per Section 617.6 of the regulations, a Lead Agency responsible for determining the effect of the action on the environment must be designated from among the involved agencies within 30 calendar days of the date of this letter. The Department of Public Works proposes to assume Lead Agency status for this project and respectfully requests your consent to this designation. The project Environmental Assessment Form (EAF) is enclosed for your review. If the Honorable Common Council has no objections to the designation of the Department of Public Works as Lead Agency, please sign this letter and return it to Robert A. O'Hara, Principal Architect, Department of Public Works, Division of Buildings, Room 616 City Hall, Buffalo, New York 14202. Mrs. LoTempio moved: That the Department of Public Works be and it hereby is designated as Lead Agency for the stage expansion for the Shea's Performing Arts Center as required under SEQR. PASSED. AYES - 13 NOES - 0 FROM THE COMMISSIONER OF POLICE No. 41 Checks Received Item No. 104, C.C.P., 2/2/88 8155-00103536 $454.50 Total Deposit $454.50 The above referenced property has been administratively forfeited by the Drug Enforcement Administration (DEA). These checks were received by this Department and duly deposited in the Trust & Agency Account, 610-200-217-00-300. RECEIVED AND FILED. FROM THE COMMISSIONER OF FIRE No. 42 Emergency Medical Service Item No. 149, C.C.P., 10/01/96 This Proposal by Local 282 is being researched. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 43 Settlement of Claim Leah K. Hoover Property Damage Claim On February 7, 1996, Engine Company #24 and Ladder Company #7, 2nd Platoon, were dispatched to an auto fire on Route 33 east near Grider Street. One of the fire trucks side-swiped Leah K. Hoover's 1992 Mazda 626 smashing the power side view mirror resulting in a claim for damages of $176.84. The damaged vehicle has been repaired. The Law Department has verified all of the necessary information and believes the claim to be valid. The Law Department has compromised a settlement with the claimant in the amount of $150.00. The Law Department requests that your Honorable Body authorize the payment of this claim in the amount of $150.00. Mrs. LoTempio moved: That the communication from the Department of Law, dated October 1, 1996, be received and filed; and That the Corporation Counsel and the Comptroller be, and they hereby are, authorized to pay Ms. Leah K. Hoover the amount of $150.00 in settlement of her claim for property damage to her automobile. PASSED. AYES - 13 NOES - 0 No. 44 Settlement of Claims 4/22/96 Watermain break On April 22, 1996, Derkowitz Enterprises, Inc. was installing cable in Huron Street for TCI of New York, Inc. During the course of construction, Derkowitz ruptured a City waterline. An extremely large volume of water was released onto City streets. This resulted in damage to the Thaddeus Dulski Federal Building, numerous private and government vehicles, businesses and buildings in the area. Numerous individuals, as well as businesses and the Federal Government, have filed claims relating to water damage. Many of the claims are substantial including alleged damage to the Federal Building, its elevators and government vehicles, in excess of $150,000.00. Claims have been filed against Derkowitz, TCI and the City. Derkowitz is insured by Travelers Insurance Company. Dorkowitz and Travelers have alleged that the City was partly at fault for not marking the location of the waterline. Travelers initially requested that the City pay fifty (50%) percent of all settled claims. The Department of Public Works has denied that it was negligent or at fault. On behalf of the City, the Law Department requested that TCI hold harmless and indemnify the City for all claims relating to the waterline break. This request was made pursuant to the franchise agreement entered into between TCI and the City. In addition, the City filed a claim for damages for costs relating to the watermain break. These can be broken down as follows: Buffalo Fire Department - $2,984.84 (estimated salary costs) Street/Sanitation Dept. - $1,335.10 (estimated salary costs) Mayor's Impact Team - $3,134.00 (estimated salary costs) DPW (Engineering Div.) 1) $5,244.55 (consulting engineering costs) 2) $1,238.72 (estimated salary costs for inspection) Water Division 1) $4,291.15 (materials) 2) $13,206.56 (est. salary costs plus overhead 10-15%) The total costs calculated by the City are approximately $31,434.87. A large amount of these costs are routine salary payments. In addition, the Buffalo Board of Education sustained damage to two wood floors at the Waterfront School. TCI has proposed a resolution of this entire matter as follows. TCI has agreed to assume the City's entire defense and liability for all damage claims. In this regard, Travelers Insurance Company will be sharing the cost of settling all claims on a 70/30 basis with TCI. In addition, Travelers and TCI have agreed to pay the entire cost of repairing the two wood floors at Waterfront School. The Board estimated the cost of repair to be $23,233.00. Finally, Travelers and TCI have offered to pay to the City fifty (50%) percent of the costs the City has submitted. The payment amount is $15,714.44. This is a favorable settlement offer for numerous reasons. First and foremost, TCI is picking up the City's defense and is paying for all costs of the City's defense. In addition, of the City's estimated costs of $31,434.87, approximately $10,700.00 are actually out of pocket for material costs and consulting engineering costs. The balance of the costs are for salary and general overhead costs. It is estimated that at least half of these costs are routine salaries which would have been paid in any event. TCI has acted extremely responsibly and saved the City a large sum of money by picking up its defense and any liability as a potential defendant and settling all potential claims. Finally, it should be noted that the salary costs are only estimates. In summary, TCI has agreed to fully defend and indemnify the City for all liability claims. In addition, TCI is fully paying for the repair of Waterfront School. The Law Department requests that your Honorable Body authorize the compromise of the City's potential claim of $31,434.87 for the sum of $15,714.44 payable to the City of Buffalo. REFERRED TO THE COMMITTEE ON CLAIMS. No. 45 Sale Of Bennett Beach Attached is a final draft of the Agreement for the Sale of Bennett Beach. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS. No. 46 Newsstand Corner of Delaware and Hertel Item No. 71, C.C.P., 9/3/96 You have requested guidance regarding the leasing or licensing of City owned property as it relates to David T. Kompson's proposal to operate a stand at the corner of Hertel and Delaware Avenues in the City of Buffalo. The proposal seeks an initial term of five years, with an additional ten year term at the end of the five year period, and with payment to the City of Five Thousand Dollars ($5,000.00) over the initial five year term. The Common Council of the City of Buffalo must authorize a lease of, or license to use, any real property or portion thereof owned by the City. Buffalo Charter Section 517. In the event that the Common Council desires to lease such property the procedures of Buffalo Code Section 133-12 must be followed. Buffalo Code Section 133-12 requires, among other things, advertising for bids for the amount of rental, revenue or income to be paid to the City for the granting of such lease, concession or license. Buffalo Code Section 133-12 (A). Once the bidding process is complete, the Common Council may "accept the bid most favorable or, in its discretion, reject any and all bids". Buffalo Code Section 133-12 (D). This office is not aware of any bidding process that has been conducted by the City for the subject location. As a result, this office would recommend denial of Mr. Kompson's application. Pursuant to Judge Barbara Howe's Order dated July 22, 1996 the Common Council must decide this matter at the meeting on Tuesday, October 15, 1996. Mr. LoTempio moved: That the communication from the Department of Law, dated October 10, 1996, be received and filed; and That the request of David Kompson to operate a stand at the corner of Hertel and Delaware Avenues for a term of five years be and hereby is denied because such a proposal is subject to public bidding as required by Chapter 133 if the Code of the city of Buffalo on the grounds that the annual income (including rent, fees and incidentals) will exceed the sum of $1,000.00. ADOPTED. No. 47 Marine Midland Arena Attached is Requisition No. 22 relating to the Marine Midland Arena Project. REFERRED TO THE STADIUM & AUDITORIUM TASK FORCE. No. 48 Homesteading 43 Johnson Street Item No. 5, C.C.P., 3/5/96 You have requested a response from the Department of Law regarding the request of Ms. Emma Callahan of 40 Johnson Street to homestead the property at 43 Johnson Street. Ms. Callahan owns other income properties on Johnson Street. As the City currently operates its Urban Homestead Program, a property adjoining a property owner's property may be homesteaded to the requesting property owner for One Dollar ($1.00) and all costs of the transfer, subject to the conditions that the property is cleared and improved within six (6) months of the transfer and is maintained in a sanitary manner for at least thirty-six (36) months after the transfer. Transactions of this nature take place after the Division of Real Estate has determined that no other adjoining or surrounding property owners are interested, the interested property owner has demonstrable means to maintain the property, the Department of Community Development and the Division of Real Estate have no use for the property, and the City cannot otherwise sell the property. If another adjoining or surrounding property owner is interested, the interested property owners must bid for the property and the City will accept the best price. In the instance with Ms. Callahan, no other adjoining property owner has expressed any interest in the property at 43 Johnson Street. Since Ms. Callahan is an adjoining property owner, it would be consistent with the City's current practices to homestead 43 Johnson Street to her. There are no requirements that bar homesteading to someone if they own additional property, either in the vicinity or elsewhere. Mrs. LoTempio moved: That the Comptroller and the Commissioner of Community Development be and they hereby are authorized to homestead 43 Johnson Street to Ms. Emma Callahan of 40 Johnson Street in the amount of one dollar ($1.00) subject to the conditions that the property is cleaned and maintained within six (6) months and is maintained in a sanitary manner for at least thirty-six (36) months after the transfer. PASSED. AYES - 13 NOES - 0. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 49 Paradise Opportunities Inc. Request to Expand an Existing Halfway House for Women 36 Stanislaus Street Item No. 83, C.C.P., 10/1/96 The Department of Community Development concurs with the City Planning Board's recommendation to approve the above-referenced facility which was reached at its meeting of October 8, 1996. I agree that while there is some concentration of human service providers in the vicinity of the site, the area is not saturated with such uses. Moreover, the fact that the facility has been in operation for over 3 years and that no opposition to the facility has materialized in that period is relevant. Lastly, the Department feels that Paradise Opportunities Inc. plays an important role in the development of a humane and caring community. RECEIVED AND FILED. No. 50 Change in Contract No. 91794300 Engineering Design and Construction Supervisor Exchange Street Extension I hereby submit to Your Honorable Body the following increase in contract for additional engineering, design, and construction supervision services related to the Exchange Street Extension Project; Contract No. 91794300 with TVGA Engineering & Surveying, P.C. 1. The project completion date has again been extended due to delays in the required Agreement with Conrail and additional work which was added to the construction contract. The fee for construction supervision needs to be increased accordingly. ADD $7,000 2. Additional surveying, mapping and description of Conrail parcel. ADD $1,700 TOTAL ADD $8,700 Contract Summary: Original Contract Amount$112,467 Previous Increases 26,100 Amount of Change Order No. 3 (this change) 8,700 New Contract Amount$147,267 The above changes have been reviewed and recommended by the Department of Public Works. Funds for this additional work are available in C.P.A. 200-717-013. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to TVGA in the amount of $8,700, as described above. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated September 30, 1996, be received and filed; and That the Commissioner of Community Development be and he hereby is, authorized to issue change order #3 to TVGA Engineering & Surveying, P.C., changes resulting in a net increase in the amount of $8,700.00, as more fully described in the above communication, for work relating to Exchange Street Extension Project - Contract 91794300. Funds for this additional work are available in C.P.A. 200-717-013. PASSED. AYES - 13 NOES - 0 No. 51 Change Order Additional Asbestos Removal 194 Forest Avenue Item No. 61, C.C.P., 11/14/95 Our department reported in CCP Item #61 dated 11/14/95 the cost of $1,297.50 for asbestos removal at the property known as 194 Forest Avenue. We are requesting a change order in the amount of $300.00 to cover the cost of ten (10) bags of asbestos that was found by the contractor after the bid. We therefore respectfully request approval by your Honorable Body of this change order. The total cost for asbestos removal will be $1,597.50. We further 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 of the City of Buffalo. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated September 26, 1996, be received and filed; and That the Commissioner of Community Development be and he hereby is, authorized to issue a change order resulting in a net increase in the amount of $300.00, as more fully described in the above communication, for work relating to Additional Asbestos Removal at 194 Forest Avenue; and That the cost for said project will be charged to the Special Assessment Fund 4500-000-002-00000 and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 52 Change Order McMillan Tennis Courts Renovations I hereby request permission to execute a Change Order for the above job to add center net tie downs to the eight courts and fix additional fence at a total cost of $770. This will raise the total amount of the contract from $46,080 to $46,850. I recommend that Your Honorable Body authorize the city to order this work. Funds for this work are available in Bond Fund account 200-717-019. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated October 9, 1996, be received and filed; and That the Commissioner of Community Development be and he hereby is, authorized to issue change order #1 resulting in a net increase in the amount of $770.00, as more fully described in the above communication, for work relating to McMillan Tennis Courts Renovations. Funds for this additional work are available in Bond Fund Account 200-717-019. PASSED. AYES - 13 NOES - 0 No. 53 List Of Playgrounds Renovated/To Be Renovated In response to a request from Council staff (in reference to item 52 ccp October 1, 1996) we are submitting the following list of play and park facilities recently renovated or to be renovated in the coming year. The priority for projects selected is to remove or repair deteriorated playgrounds and related facilities and replace them with new equipment and surfacing that meets current safety codes. We invite the members of the Council to submit any areas of concern in their District. LIST OF LOCATIONS OF WORK - 1996 Florida Northland Park Masten Playground J.H. Williams Playground Mulroy Playground Dewey Playground School 80 Playground Mullen Playground School 61 Playground Kensington Heights Playground LIST OF LOCATIONS OF NEW WORK - 1996-1997 Lanigan Playground Emerson Playground Elmwood Village Green Playground Hillery Playground Franczyk Park Asarese - Matters Community Center Riverside Park Hennipen Park Perkins Park Durant Boone The cost per site varies from an average of $5,000 - $15,000 for removals and repairs of existing equipment to between $25,000 - $50,000 for new equipment. In addition to the sites listed above other projects occur during any given year due to incidents of vandalism, maintenance problems and other matters brought to the attention of the Department. RECEIVED AND FILED. No. 54 Cancellation of Demolition Order 272 French Street - Garage Only Item No. 109, C.C.P., 4/16/96 In CCP Item #109 dated 4/16/96 our department reported the aggregate bid of the following city-owned properties located at: 31 Moselle Street$4,400.00 337 Moselle Street5,200.00 272 French Street - Garage Only 1,000.00 329 Box Avenue 4,600.00 TOTAL AGGREGATE BID:$15,200.00 The Division of Real Estate has placed a "Hold" on the demolition order of 272 French Street - Garage Only. We are requesting approval of this cancellation which will result in a reduction in the total aggregate bid cost. The total cost of this project, $14,200.00, will be charged against the Capital Projects Fund #200-241-003-00000. The cost of demolition of 272 French Street - Garage Only is $1,000.00. The original aggregate bid of $15,200.00 subtracted by $1,000.00 is now $14,200.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 55 Report of Emergency Demolition Bid(s) 33 Shields Due to the very serious and hazardous condition(s) of the fire-damaged building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this (those) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 23, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 33 Shields Georgian Bay City of Buffalo $5,000.00 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 the project be charged to the CAPITAL PROJECTS FUND #200-241-002-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 56 Report of Emergency Demolition Bid(s) 217 West, etc Due to the very serious and hazardous condition(s) of the fire-damaged building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(those) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 23, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 217 West Great Lakes Contracting Corp. Saul & Debora Moran $6,600.00 Buffalo, NY 14201 413 Goodyear & garage Great Lakes Contracting Corp. Alan M. Perrington $5,500.00 397 Dearborn Buffalo, NY 14207 37 Wende Great Lake Contracting Corp. Alan M. Perrington $4,350.00 397 Dearbron Buffalo, NY 14207 46 Wende Great Lakes Contracting Corp. George Young, Sr. $4,200.00 56 Cornwall Buffalo, NY 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 of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 57 Bids Emergency Demolition 539 ADAMS Due to the very serious and hazardous condition(s) of the building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on October 4, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 539 ADAMS Young's Auto & Housewrecking Nina Sims $3,400.00 539 Adams Buffalo, NY 14211 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 of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 58 Request Refund Overpayment of Certificates of Occupancy I am requesting to have money refunded to the owner of the Multiple Dwelling, for overpayment on a Certificate of Occupancy. Property: 1225 Hertel Ave Owner: 1225 Hertel C/O Daniel Cortese 19 Brookedge Depew, N.Y. 14043 Owner overpaid for the Certificate of Occupancy by $150.00. Owner paid: $525.00 Fee required: $375.00 Overpayment: $150.00 Property: 2616 Main St. Owner: 2616 Main St. Inc. C/O Marietta Badame 2616 Main St. Buffalo, N.Y. 14214 Owner paid for a Certificate of Occupancy update, and her property is not a Multiple Dwelling therefore there payment for $75.00 should be refunded. An inspection was not performed. If you have any questions or require additional documentation please contact Gary W. Ziolkowski at 851-5929. Mrs. LoTempio moved: That the Commissioner of Community Development and the Comptroller be and they hereby are authorized to refund the Certificate of Occupancy fees for 1225 Hertel Avenue in the amount of $150.00 and for 2616 Main Street in the amount of $75.00. PASSED. AYES - 13 NOES - 0 No. 59 HOME funds 1151-53 Broadway I am respectfully requesting your approval for a total of $45,000.00 of HOME funds to assist in the rehabilitation of this 6 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 60 HOME funds 326-328 Elmwood I am respectfully requesting your approval for a total of $50,000.00 of HOME funds to assist in the rehabilitation of this 12 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 61 HOME funds 532-534 Elmwood I am respectfully requesting your approval for a total of $40,000.00 of HOME funds to assist in the rehabilitation of this 4 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 62 HOME funds 775 Elmwood I am respectfully requesting your approval for a total of $20,000.00 of HOME funds to assist in the rehabilitation of this 2 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 63 HOME funds 101 Goemble I am respectfully requesting your approval for a total of $40,000.00 of HOME funds to assist in the rehabilitation of this 4 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 64 HOME funds 125-127 Mulberry, 794 Virginia I am respectfully requesting your approval for a total of $40,000.00 of HOME funds to assist in the rehabilitation of this 4 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 65 HOME funds 357 Porter I am respectfully requesting your approval for a total of $30,000.00 of HOME funds to assist in the rehabilitation of this 3 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 66 HOME funds 82 Summer, aka Mayflower Building I am respectfully requesting your approval for a total of $225,000.00 of HOME funds to assist in the rehabilitation of this 94 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 67 HOME funds 234 Vermont I am respectfully requesting your approval for a total of $30,000.00 of HOME funds to assist in the rehabilitation of this 3 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 68 Use Bd. of Ed. Cap. Funds Root Bldg. Project Item No. 166, C.C.P., 10/1/96 You have asked that I explain how the use of $2,000,000 from the Capital Development Fund would affect the plan prepared in accordance with Judge Curtin's order in Arthur v. Nyquist. First, I have attached a memo prepared by Patricia Pancoe of the City Law department that speaks to your question. The central issue is whether or not the removal of the $2,000,000 from the Fund will prevent the "model" from working - that is to say will cause the amount of money in the Fund, together with state reimbursement revenues and the City's original pledge of $6.7 million per year in debt service, to be insufficient to cover the cost of the debt issued under the program (the $80 million). We discussed this issue at great length in meetings with Board of Education staff and other City Hall staff, we are particularly concerned that this not become a precedent for the program as spending cash was never contemplated and does not provide the highest leverage for the monies in the Fund. Nonetheless, in order to resolve the Emerson question, the Comptroller has completed an analysis of the issue; his analysis concludes that the "model" still works after the $2,000,000 is used. Thus, given the opinion issued by Ms. Pancoe, I do not believe that the judge's order, nor the overall program, are negatively affected by using the $2,000,000 for the Emerson project. I also hope that this kind of use does not happen often. I trust this answers your question. REFERRED TO THE COMMITTEE ON EDUCATION. No. 69 Privatization of City Water Authority Item No. 151, C.C.P., 10/1/96 I am not aware of any studies that compare private contracting of the City's water operations to a merger with the Erie County Water Authority. I believe that the responses we will receive on October 14 as a result of the request for qualifications (RFQ) will provide a good amount of information as far as the potential benefits to be gained from the private contracting alternative. It is my understanding from Commissioner Giambra that the Erie County Water Authority process has slowed considerably in the recent past; I would recommend that you ask for an update from the Commissioner as to the state of those discussions. Please be assured that the results of the RFQ will be shared with your honorable body and that any input you wish to have is welcomed. I trust this answers your question. REFERRED TO THE COMMITTEE ON FINANCE. No. 70 Transferring Building Numbering Bureau of Administrative Adjudication Item No. 145, C.C.P., 10/1/96 You have asked the Bureau of Administrative Adjudication to enforce the numbering of buildings as required in Chapter 109 of the Code of the City of Buffalo. This duty would be transferred to this Bureau from the City Engineer. The Bureau has no objection in undertaking this extra duty, but we raise the following concerns. The Bureau presently only has two enforcement officers on the streets. To broaden the effectiveness of this ordinance, we suggest expanding the jurisdiction to the Street Sanitation, the Bureau and the City Engineer. This would allow for greater coverage within the City and bring the City closer to rectifying the problem. You have also asked the Bureau to prepare a new fine schedule in relation to violations of Chapter 109. We have no objection to submitting a proposed fine schedule to the Common Council for a determination of the appropriateness of the amount of the fines. If you have any questions, we would be glad to discuss this further. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 71 Problems with City Trees No. 174, C.C.P., October 1, 1996 I am responding to the Council Resolution, sponsored by Mrs. Miller-Williams entitled "PROBLEMS WITH CITY TREES". It is the responsibility of the Division of Forestry to maintain the trees in the City of Buffalo, namely those between the sidewalk and curb, along streets and parkways, in parks and playgrounds, plus in some cases, trees located past the sidewalk, depending on the designated right of way. The Division of Forestry consists of 1 City Forester, 4 P.U.W.'s , 1 Laborer and one Consulting Arborist (20 years ago this Division had 5 times the amount of employees). In addition to the above, I have re-assigned a P.U.W. (who was injured severely "on the job") to temporarily perform the revised duties of the Forestry Crew Chief. The position will be left unfilled while job specifications are reviewed/revised. We have also taken advantage of an offer of a McKinley High School Senior Intern to input/computerize tree "Complaints". The City Forester was appointed effective September 23, 1996, and has a Bachelor's Degree in Landscape Architecture from SUNY College of Environmental Science and Forestry at Syracuse. The Parks Utility Workers are licensed to use certain vehicles and equipment necessary for tree concerns; namely the trimming and removal of trees, planting and stump removal. The number of contracts that the Division Forestry enters into varies on the amount of moneys available. It is necessary to contract out for tree banding and injecting (Elm Leaf Beetle). Amounts differ from year to year depending on the beetle population and the amount of trees infected. Other contracts entered into are for emergency removals, removals and plantings, stump removals - all determined by the amount of money available. With respect to the budget allocations, the moneys available are for salaries and benefits for the employees in the Division; the $100,000. (the 583 line of 50-1-012), includes moneys available for contract work (as explained above), the salary for the part-time consulting arborist, for repairs to equipment. Please note, that our equipment is old and constantly in need of repair. (Bucket truck, stumper, etc.) With the addition of the clerical help, as explained above, along with the extra block grant moneys available to us ($450,000), it is our plan to contract out for dead tree removals, stump grinding trimming and planting. With this goal in mind, we will then be able to put a dent into the backlog of requests for tree care that we have on file, and hopefully keep up with the requests as they come in. Under separate cover, each councilmember will receive a letter from the City Forester which includes his plan of action along with a "Tree Crises" handout that should help you and your staff answer the many complaints that besiege your office. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF GENERAL SERVICES No. 72 Waiver of Performance Bond The Commissioner of General Services hereby request a waiver of Performance Bonds per City Charter Bonds and Contracts section 96-7. Veterinary Services Contract #6817 $40,000.00 - Buffalo Small Animal Hospital. The vendor has a long successful relationship with the City of Buffalo (17 yrs.). Non-performance under the contract is highly unlikely. (see attached letter) Mrs. LoTempio moved: That the communication from the Department of General Services, dated September 27, 1996, be received and filed; and That the Commissioner of General Services be, and he hereby is, authorized to waive Performance Bonds to Veterinary Services Contract #6817 - $40,000.00 Buffalo Small Animal Hospital. PASSED. AYES - 13 NOES - 0 No. 73 Consolidate Mail Room BOE and City Item No. 165, C.C.P., October 1, 1996 The City and BOE have a duplicative effort in their Mail Room operations. The City and BOE should embark immediately on a feasibility, Due diligence review of the mail operations for each entity. The review should be conducted by myself, the director of Inventory and Stores and similar individuals at the BOE i.e. director of operations and/or Superintendent of Administration. Due Diligence would include: Review of contracts Review of equipment Analysis of volume to include: Types and Sizes Local and non local Special Handling/priority Volume, Monthly and annual Mail costs Personnel Meters Stamps Priority/overnight Space usage Storage Distribution Receiving Personnel Costs REFERRED TO THE COMMITTEE ON EDUCATION. No. 74 Certificate of Appointment Appointment Effective September 30, 1996 in the Department of General Services, Division of Inventory & Stores, to the Position of Duplicating Machine Operator, Permanent, at the Maximum Starting Salary of $26,920.00. Arthur Pepe Jr., 59 Hillery St., Buffalo, NY 14210 John S. Kijania, 176 Clark St., Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 75 Certificate of Appointment Appointment Effective September 30, 1996 in the Department of General Services, Division of Inventory & Stores, to the Position of Duplicating Machine Operator, Permanent, at the Maximum Starting Salary of $26,920.00. Ann M. Galante, 231 O'Connell Ave, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 76 BMHA Security Patrols Item No. 251, C.C.P., September 17, 1996 The Civil Service Commission is in receipt of your request regarding the above Council matter. Please be advised of the following: 1. On April 13, 1995, the Commission received a letter from Police Commissioner Kerlikowske (see attached) requesting that the Commission not consider a promotional exam from any civil service position; the Commission did not act at that time. 2. On July 13, 1995, the Commission received a petition from the Buffalo Municipal Housing Authority Public Safety Officers and Sergeants requesting that they be included in a promotional exam for the position of Police Officer (see attached). At the Civil Service Commission meeting held on September 6, 1995, the Commission approved their request (based on past practice, this exam has been administered on a promotional basis to Public Safety Officers and Sergeants/Housing Security Officers and Sergeants since 1977). 3. At no time did this Commission receive any communication from Sharon West or any other official of the Buffalo Municipal Housing Authority regarding a promotional exam for Police Officer. We regret any inconvenience this late response may cause. If you have any questions or are in need of further information, please contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF EDUCATION No. 77 Consolidate Mail Rooms -Board of Education/City Item No. 166, C.C.P., October 1, 1996 The Board of Education supports consolidation where possible, in order to save valuable tax dollars for the School District and the City. Buffalo Financial Plan Commission I dealt with the consolidation of the mail rooms for the City and the Board. Page 139 of the attached report deals specifically with the recommendation and concludes that the Board should oversee the mail room. The Board staff will be happy to meet with Commissioner del Valle regarding the feasibility in consolidating the mail rooms. REFERRED TO THE COMMITTEE ON EDUCATION. FROM THE CITY CLERK No. 78 Longevity for Exempt Employees Item No. 247. C.C.P., September 17, 1996 Funds can be found in unanticipated surpluses in the Common Council #110 line (vacant staff positions - 3 months) or in the City Clerk's office various lines. Use of the surplus funds will not impact the operations of the Council or City Clerk's offices. REFERRED TO THE COMMITTEE ON FINANCE. No. 79 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners 41 Virginia Place Moondoggie's of Bflo. Roger F. Cominsky Buffalo, NY 14202 386 Amherst St. Grant Am Enterprise Patrick J. Kelleher Buffalo, NY 14207 ABC Consulting 435 Military Rd. Mercury Theatre Inc Keith Perla Buffalo, NY RECEIVED AND FILED. No. 80 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: Public Works - Carole Getz Police - Gerald Belton, Alicia Flowers , Carl Jones Human Services, Parks and Recreation - Barbara Carson, Donna Gerst RECEIVED AND FILED. No. 81 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. No. 82 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective September 27, 1996 in the Department of Common Council to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr. Kenneth R. Gibson, 108 Greenfield St., Buffalo, NY 14214 No. 83 Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employment Programs. RECEIVED AND FILED. Appointment Effective Oct 7, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Program, to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 per hr. Michael Gennaci, 237 Winston Rd., Buffalo, NY 14216 No. 84 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. DEPARTMENT OF ASSESSMENT Appointment Effective September 30, 1996 in the Department of Assessment to the Position of Clerk, seasonal, at the Flat Starting Salary of $5.20 per hr. Jacqueline Hennings, 66 Whitney Place, #6, Buffalo, NY 14201 DEPARTMENT OF STREET SANITATION Appointment Effective September 30, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. Joseph Bonds, 26 Sussex Ct., Buffalo, NY 14204, Dennis M. Chapman, 59 Prairie, Buffalo, NY 14207 Jacob L. Fields, 210 Northland Avenue, Buffalo, NY 14208 Samuel J. Giovino, 363 Sanders Road, Buffalo, NY 14216 David Janowski, 427 Willett Street, Buffalo, NY 14206 Michael D. Lane, 67 W. Winspear Ave., Buffalo, NY 14215 Anthony J. LoRusso, 1 Edge Park Ave., Buffalo, NY 14216 Darryl Balance, 306 Landon, Buffalo, NY 14211 Daniel E. Becker, 45 Sage Ave., Buffalo, NY 14210 Sean J. Burke, 686 McKinley Pkwy, Buffalo, NY 14220 Christopher A. Castiglia, 68 Ardmore Pl., Buffalo, NY 14213 James E. Dempsey, 190 Melrose St., Buffalo, NY 14210 Craig A. Franklin, 162 Prospect Ave., Buffalo, NY 14201 Sheldon E. Johnson, 514 South Division St., Buffalo, NY 14204 John M. Kuzina, 15 Coolidge Road, Buffalo, NY 14220 Christopher Sinicki, 1514 Kensington Ave, Buffalo, NY 14215 Darren A. Ross, 222 Lisbon Ave., Buffalo, NY 14215 Appointment Effective October 1, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. William J. Laufer, 148 Brinkman, Buffalo, NY 14211 Michael J. O'Grady, 212 Summit, Buffalo, NY 14214 Appointment Effective October 2, 1996 in the Department of Street Sanitation to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. Christian S. Simcoe, 58 Ideal Street, Buffalo, NY 14206 Carl D. Bellamy, 44 Lark Street, Buffalo, NY 14208 Jose A. Martinez, 63 Baynes, Buffalo, NY 14213 Miguel A. Colon, 310 Hampshire Street, Buffalo, NY 14213 Donald J. Malay, 327 Langfield, Buffalo, NY 14215 Appointment Effective October 7, 1996 in the Department Of Street Sanitation to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. Thomas R. Olszewski, 42 Sheffield Ave., Buffalo, NY 14220 Michael J. Palmeri, 655 Prospect Ave., Buffalo NY 14213 Appointment Effective October 7, 1996 in the Department of Street Sanitation to the position of Clerk, Seasonal, at the Flat Starting Salary of $5.20 per hr. Shirley D. Jackson, 298 Riley Street, Buffalo, NY 14208 Rosa E. Roman, 232 West Ave., Buffalo, NY 14201 Deana M. LoVallo, 12 Wellington Rd., Buffalo, NY 14216 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective October 9, 1996 in the Department of Human Services, Division of Recreation, to the position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94 per hr. Lori Agostino, 44 Tacoma, Buffalo 14216 Kristin Amodeo, 42 Tioga, Buffalo 14216 David Birkemeir, 544 Linden, Buffalo 14216 Paul DiPirro, 52 Taunton, Buffalo 14216 John Fracos, 21 Peoria, Buffalo 14207 Kelly Gallivan, 134 Ontario, Buffalo 14207 Craig Katilus, 835 Tifft, Buffalo 14220 Catherine Long, 14 Yale Place, Buffalo 14210 David Maglietto, 80 Traymore, Buffalo 14216 Joseph McMahon, 81 Briggs, Buffalo 14207 Noreen Sabadasz, 79 Fenton, Buffalo 14206 William Stevenson, 123 Laird Avenue, Buffalo 14207 Michael Wachowicz, 1662 Clinton, Buffalo 14206 Stephen Zipp, 220 Columbus, Buffalo 14220 Appointment Effective October 07,1996 in the Department of Human Services, Division of Recreation, to the position of Refrigeration Plant Engineer, Seasonal, at the Flat Starting Salary of $6.91 per hr. Marc Mann, 35 Trowbridge, Buffalo 14220 John Marchitte, 430 14th Street, Buffalo 14213 Howard Melcher, 210 Riverside, Buffalo 14207 Greg Morcio, 296 Willett, Buffalo 14206 Encil Palmer, 202 Vermont, Buffalo 14213 Edward Standish, 117 Imson, Buffalo 14210 Jeffrey Klapp, 61 West Northrup, Buffalo 14214 Mark Blake, 158 Dundee, Buffalo 14220 Walter Burshtynski, 126 Bird, Buffalo 14213 Daniel Granville, 57 Hanson, Buffalo 14220 John Kubala, 25 Bridgeman, Buffalo 14207 Louis Lumina, 53 North Park, Buffalo 14216 John Mann, 35 Trowbridge, Buffalo 14220 Appointment Effective October 7, 1996 in the Department of Human Services, Division of Recreation, to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. Norman Anderson, 1050 Ellicott, Buffalo 14209 DEPARTMENT OF GENERAL SERVICES Appointment Effective October 3, 1996 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 per hr. Liam Caulfield, 67 Shenandoah Rd, Buffalo, NY 14220 Appointment Effective October 9, 1996 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 per hr. Luis Feliciano, 79 Manchester Pl., Buffalo, NY 14213 No. 85 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 ASSESSMENT Appointment Effective Sept. 30, 1996 in the Department of Assessment to the Position of Account Clerk-Typist, Permanent, at the minimum starting salary of $21,126 per year Secret S. Thompson, 67 Madison Street, Buffalo, NY 14206 DEPARTMENT OF POLICE Appointment Effective September 30, 1996 in the Department of Police to the Position of Police Officer, Permanent, at the Minimum Starting Salary of $31,792 per yr. Darren P. Labedz, 1045 Tifft St., Buffalo, NY 14220 James P. Dunham, 73 Bloomfield Ave., Buffalo, NY 14220 Paul C. Zipp, 220 Columbus Ave., Buffalo, NY 14220 Keith R. Vona, 331 Davey St., Buffalo, NY 14206 James R. Kaska, 63 Marbeth Court, Buffalo, NY 14220 Brendan J. Kiefer, 237 Lovering Ave., Buffalo, NY 14216 Patrick E. Morrow, 328 Southside Parkway, Buffalo, NY 14220 John G. Heitzhaus, 476 McKinley Pkwy., Buffalo, NY 14220 Thomas Knezevic, 328 Southside Parkway, Buffalo, NY 14220 DEPARTMENT OF FIRE Appointment Effective September 30, 1996 in the Department of Fire to the Position of Firefighter, Permanent, at the minimum Starting Salary of $30,860 per yr. David L. Hartman, 169 Como Avenue - 14220 John D. Sixt, 347 McKinley Avenue - 14220 Timothy P. Story, 46 Strathmore - 14220 Mark D. Egloff, 260 Columbus - 14220 David J. Mann, 211 Hamburg - 14204 Roger D. Harrington, 79 Norman - 14210 Jeffrey S. Stauffiger, 933 Walden - 14211 Jose E. Santiago, 165 Breckenridge - 14213 Marvin L. Spates, 147 Zenner Street - 14211 Lothell A. Blackmon, 52 Newburgh Avenue - 14211 Peter A. Pulera, 265 Tacoma Avenue - 14216 Paul J. Urbaniak, 341 Bird Avenue - 14213 Vincent V Muscarelia, 366 Colvin Avenue - 14216 Michael E. Wisniewski, 146 Virgil - 14216 Joseph R. Gerard, 167 Tenth Street - 14201 Kathryn A. Gail, 68 Cushing Pl. - 14220 Luis Ramos, 50 Greenwood - 14213 Catherine E. Keane, 151 Whitfield - 14220 Quincy T. Drake, 96 Custer - 14215 Ernest Gilliam, 660 Auburn - 14222 David F. Acosta, 60 Heussy - 14220 Thomas M. Smolarek, 79 Marine Drive - 14202 Thomas W Krasinski, 25 Janice - 14207 Thomas C O'Donnell, 28 Tamarack - 14220 Michael P. Connelly, 77 112 Newman - 14210 Craig D. Krawczyk, 978 Hertel Avenue - 14216 John P. O'Leary, 397 Abbott Road - 14220 Eugene J. Margerum, 87 McKinley - 14220 Michael A. Decker, 67 Ryan Street - 14210 Christian M. Krawczyk, 978 Hertel Avenue - 14216 John M. Colligan, 328 Okell Street - 14220 Christian D. Cunningham, 128 Carlyle Avenue - 14220 Murray J. Towle, 185 Parkside Avenue - 14214 Jonas C. Riccio, 10 Colonial Circle - 14213 Thomas L. Breski, 6 Niagara Street - 14201 Vincent M. Delgato, 31 Seneca Parkside - 14210 Patrick G. Mulderig, 54 olcott Avenue - 14220 James Regan, 628 Marilla Street - 14220 John D. McCarthy, 219 Melrose Street - 14210 DEPARTMENT OF STREET SANITATION Appointment Effective October 2, 1996, in the Department of Street Sanitation to the position of Laborer II, Permanent, at the Minimum Starting Salary of $21,193 per yr. Matthew Cybulski, 90 Ideal Street, Buffalo, NY 14206 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment Effective September 30, 1996 in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Laborer I, Permanent, at the Minimum Starting Salary of $9.85 per hr. Lawrence Charles III, 145 Hastings, Buffalo 14215 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 86 BEDC Business Signage 1. A representative from the Buffalo Enterprise Development Corporation (BEDC), attended the local neighborhood business leaders meeting. He promised that the BEDC would pay for the Signage, once it was decided the type of banners they wanted and the locations to hang the banners. 2. On August 20, one of the business leaders called the BEDC wondering what was going on with the banners. After a phone call to the Lower West Side Development Corp., it was discovered that the graphics were not yet completed. 3. On September 26, another call from the BEDC was placed to the Lower West Side Development Corp. Two of the graphics were done and the third was almost completed. 4. The BEDC is committed on behalf of the city to contribute an amount not to exceed $1,000 for the banners, and will help in any way to get the signs made and hung. 5. There are three basic signs. They will be placed in and around neighborhoods. The signs are as follows: 1. Shopping (BLUE) 2. Entertainment (RED) 3. Historic (BROWN) REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BFLO. ENTERPRISE DEVELOPMENT CORP. No. 87 BEDC Charity Gambling Casino Downtown The following item: "Charity Gambling Casino in Downtown Buffalo (#159 C.C.P. 10/1/96)" was referred to my office for comment. It is my understanding that both charity gambling facilities and high stakes bingo for charity are authorized by Provincial law and the Constitution in Ontario but that neither are allowed in New York State, other than on Indian lands under limited circumstances. While replicating the situation in Ontario in our city might be very desirable, it would have to be authorized by the people of New York first. DDI has provided funds for the Commissioner of Community Development to retain outside expertise on gaming proposals such as that contained in C.C.P. #159, 10/1/96. A more definitive answer could be sought from this Washington law firm. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 88 BUFFALO CONVENTION CENTER Waive Fees - Various Events Various trade shows and conventions held at the Buffalo Convention Center require us to I have access to the "metered parking" area on Pearl Street behind the facility for exhibitor parking. The promoter of the Clutch Artists Autorama also requests W. Mohawk Street between Pearl and Main Streets be closed during their annual trade show. In the past, the City of Buffalo has waived any fees required for street permits and barricades for the Buffalo Convention Center. The City of Buffalo's policy has recently changed due to the County takeover. (See attached correspondence concerning waiver of fees). Following is a list of 1997 tradeshows which will require exhibitor parking including the estimated economic impact they will bring to the City of Buffalo: DATES TRADESHOW ECONOMIC IMPACT Jan. 10-12, 1997 Hutchins Clutch Artists $200,000 Autorama Feb. 12-16, 1997 1997 Auto Show $250,000 Feb. 27-Mar. 2, 1997 Great Lakes Fishing $250,000 & Outdoor Expo. Mar. 15-23, 1997 Buffalo Home & Garden $350,000 Show These events not only bring the Buffalo Convention Center rental and food and beverage revenues. They also provide a significant source of income from which the community benefits with money spent at nearby restaurants, parking lots and ramps, stores, etc. We would appreciate it if the City of Buffalo would reconsider this issue and reinstate the waiver of fees relating to street permits and barricades for the Buffalo Convention Center. Jim, this is something we are in dire need of in order to continue retaining the repetitive tradeshows we currently have in downtown Buffalo. Thank you in advance for your assistance. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 89 BUFFALO SHEET METALS, INC. Request Repair - Central Avenue Buffalo Sheet Metals has been instructed by Councilman Czajka's office to write your office in reference to the above. We have attempted, for the past 2 years and 9 months, to have Central Avenue repaired. As you will see by the attached correspondence, we have attempted through correspondence to the City of Buffalo, Department of Public Works, Commissioner of Public Works, and Councilman Czajka. We have indicated our concerns with the hazard and dangers surrounding the street's conditions. Not only Buffalo Sheet Metals' vehicles, but employees and customers vehicles have been damaged. As a property owner, business, and taxpayer of the City of Buffalo, we are very disappointed. Thirty-three months have gone by without any response, assistance, or rectification of this problem. We will be filing this letter, along with previous correspondence to our Attorney. Our primary reason is for the purpose of protecting Buffalo Sheet Metals from any claims, which may arise from the street's conditions. Our secondary reason is to have our Attorney assist us in the process to get the city to address and repair the street. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS AND CORPORATION COUNSEL. No. 90 CHEEKTOWAGA TOWN BOARD Opposition of Community Blue Advantage Plan for Exclusion of Area Hospitals Enclosed please find a certified copy of the resolution(s) adopted by the Cheektowaga Town Board on October 7, 1996 regarding: 1. Opposition to Exclusion of Area Hospitals Regarding Community blue Advantage Plan. RECEIVED AND FILED. No. 91 M. SCHAUS Concern - Number of Detectives in Homicide Division Attached please find a communication from Maynard and Carol Schaus with regard to their concern about the murder of their son, John Schaus, on March 31, 1995 and their belief that his murderer has not been prosecuted due to the lack of enough detectives in the Homicide Division of the Police Department. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 92 TRINITY EPISCOPAL CHURCH Hang Banner - Delaware Avenue I am writing on behalf of the Trinity White Elephant Sale and am seeking permission to hang a banner across Delaware Avenue advertising the event. It is our intention to hang a banner across Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from October 15th through November 10th, 1996. At the next Common Council meeting, would you kindly issue a resolution granting permission for the installation of said banner, AND FORWARD THE SAME TO MY OFFICE? We are familiar with the banner requirements and will purchase the necessary bond before the banner will be hung. Please contact me should you have any questions. Thank you. Mrs. LoTempio moved: That the communication from Susan A. Williams, dated September 26, 1996, be received and filed; and That the Trinity Episcopal Church located at 371 Delaware Avenue be granted permission to hang a banner across Delaware Avenue advertising their White Elephant Sale from October 15 through November 10, 1996, with the terms and conditions as set by the Department of Public Works. PASSED. AYES - 13 NOES- 0 No. 93 D. ZUCHLEWSKI Ad - RFQ's - Water Treatment I would appreciate it if you would file the attached advertisement concerning RFQ from entities interested in lease operating the Buffalo Water treatment, transmission, distributing and billing system. If you have any questions regarding this mater, please give me a call. REFERRED TO THE COMMITTEE ON FINANCE. PETITIONS No. 94 YWCA of Buffalo, owner Petition to use 245 North St. for offices and supportive housing for teenage mothers. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 95 Sorrento Cheese Co., Inc., Petitioner Petition to rezone Leland from R2 to CM to for expansion of existing manufacturing facilities. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 96 Eddie Dawson and others Opposition to 47 Rohr and 54 Rohr being used as Emergency Shelters for Males (Half-way houses) operated by Loguen Memorial AME Zion Church. RECEIVED AND FILED. REGULAR COMMITTEES CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 97 Appointment Supervisor of Engineering & Technical Operations That Communication 2, October 1, 1996 be received and filed and the Temporary appointment of Daniel G. Granville stated above at the Maximum salary $40,555.00 effective on September 19, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0 No. 98 Appointment Junior Data Control Clerk That Communication 13, October 1, 1996 be received and filed and the Intermediate appointment of Frank M. Panaro stated above at the Intermediate salary $21,791.00 effective on September 18, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0 No. 99 Appointment Laborer I That Communication 60, October 1, 1996 be received and filed and the Permanent appointment of Leroy V Moses stated above at the Maximum salary $10.54 per hr. effective on September 13, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0 No. 100 Notices of Appts.-Temp./Prov./Perm. (City Clk) Item No. 70, C.C.P., October 1, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 101 Salary Ordinance Amendment 10 - General Services 4 - Inventory and Stores 001 - Inventory Management Item No. 153, C.C.P., Oct. 1, 1996 That the Salary Ordinance Amendment as contained in Item No. 153, C.C.P., October 1, 1996, be and the same hereby is approved. PASSED. AYES - 13 NOES - 0 No. 102 Salary Ordinance Amendment - Various Departments Item No. 154, C.C.P., Oct. 1, 1996 That the Salary Ordinance Amendment as contained in Item No. 154, C.C.P., October 1, 1996, be and the same hereby is approved. PASSED. AYES - 13 NOES - 0 No. 103 Salary Ordinance Amendment 70 - 0 Department of Street Sanitation 013 - Cleaning of Streets & Snow Removal Item No. 155, C.C.P., Oct. 1, 1996 That the Salary Ordinance Amendment as contained in Item No. 155, C.C.P., October 1, 1996, be and the same hereby is approved. PASSED. AYES - 13 NOES - 0 No. 104 Salary Ordinance Amendment 40 - Department of Public Works 2 - Division of Buildings 031- Operation & Maintenance of Public Buildings Item No. 156, C.C.P., Oct. 1, 1996 That the Salary Ordinance Amendment as contained in Item No. 156, C.C.P., October 1, 1996, be and the same hereby is approved. PASSED. AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS - 10 NOES - BROWN, HELFER, ZUCHLEWSKI - 3 No. 105 Salary Ordinance Amendment 06 - Department of Administration & Finance 4 Division of Parking Enforcement 031- Towing & Storage Operations Item No. 157, C.C.P., Oct. 1, 1996 That the Salary Ordinance Amendment as contained in Item No. 157, C.C.P., October 1, 1996, be and the same hereby is approved. PASSED. AYES - 13 NOES - 0 FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 106 Lease Space - Hancock Water Tower (PW) Item No. 53, C.C.P., June 25. 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 107 Sprint - Lease Space - Hancock Water Tower Item No. 94, C.C.P., July 23, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 108 Sale of 854 Ellicott Street Item No. 19, C.C.P., Sept. 17, 1996 That the offer of the People of the State of New York, Office of Alcoholism Abuse Services, in the sum of $5,100.00 (Five Thousand and One Hundred Dollars) to acquire the property described as 854 Ellicott 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. PASSED. AYES - 13 NOES - 0 No. 109 E Billups & O-Clean Frm.ECC Site-Main/Riley Item No. 99, C.C.P., July 23, 1996 That the above mentioned item be and the same is hereby received and filed. Mr. Franczyk now moved that the above mentioned item be and the same is hereby recommitted to the Committee on Finance. ADOPTED. No. 110 Clean-up Former ECC Site (CD) Item No. 56, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. Mr. Franczyk now moved that the above mentioned item be and the same is hereby recommitted to the Committee on Finance. ADOPTED. No. 111 Incr. Penalty City Hsg. Prop. (COMPT) Item No. 21, C.C.P., September 3. 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 112 Incr. Penalties./Signage-City Owned Properties (CC) Item No. 43, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 113 Info-Incr. Penalty-City Property (CD) Item No. 57, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 114 Certiorari Proceedings LTV Steel Inc. and The Hanna Furnace Corp. Item No. 14, C.C.P., Sept. 17, 1996 That the Corporation Counsel be authorized to settle the 1995-96 and 1996-97 tax certiorari proceedings brought by LTV Steel Inc. and The Hanna Furnace Corporation by reducing the assessments as follows: LTV Steel Plant: reduce from $973,700 to $626,647 for the 1995-96 fiscal year and to $275,506 for the 1996-97 fiscal year (total for 5 parcels). 308 Abby: reduce from $570,900 to $270,777 for the 1995-96 fiscal year and to $119,048 for the 1996-97 fiscal year. Marilla Landfill: reduce from $701,200 to $99,932 for the 1995-96 and 1996-97 fiscal years (total for 11 parcels). Donner Hanna: reduce from $820,800 to $467,487 for the 1995-96 fiscal year and to $205,531 for the 1996-97 fiscal year (total for 6 parcels). PASSED. AYES - 13 NOES - 0 No. 115 Ext. Time Contract - Sluice Gate (PW) Item No. 15, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 116 Change in Contract - Expansion of Precinct #13 HVAC Work Item No. 17, C.C.P., Oct. 1, 1996 That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Joseph Davis, Inc., changes resulting in a net increase in the amount of $6,619.54, as more fully described in the above communication, for work relating to the Expansion of Precinct #13, Joseph Davis, Inc., HVAC Work - C #91953200. Funds for this project are to be charged to Account No. 200-402-013, Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 117 Temporary Rail Station - Marine Midland Arena Item No. 32, C.C.P., Oct. 1, 1996 That the Commissioner of Public Works be, and he hereby is authorized to enter into an agreement with the N.F.T.A. for the construction and lease of a temporary rail station adjacent to the Marine Midland Arena and that a change order be issued to DiPizio Construction, Inc., not to exceed $175,000 under Contract #91851700. Funds for the project are available in Account 4200-401-028 and #200-401-557. The approval is given with the understanding that the Commissioner of Public Works shall seek reimbursement of these funds from the NFTA and its application to UMPTA. PASSED. AYES - 13 NOES - 0 No. 118 Emergency Demolition - 256 Gibson, etc. Item No. 45, C.C.P., Oct. 1, 1996 That the award by the Commissioner of Community Development of emergency demolition contracts to Georgian Bay Contracting at a cost of $6,000.00, relating to 256 Gibson; at a cost of $6,000.00 relating to 24 C Street; at a cost of $6,000.00 relating to 572 Wilson Street for a total aggregate bid of $18,000.00, are hereby confined, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-001-00000. PASSED. AYES - 13 NOES - 0 No. 119 Emergency Demolition - 273 Glenwood Item No. 46, C.C.P., Oct. 1, 1996 That the award by the Commissioner of Community Development of an emergency demolition contract to Battaglia Concrete Construction at a cost of $4,120.00, relating to 273 Glenwood; is hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund 4200-241-002-00000. PASSED. AYES - 13 NOES - 0 No. 120 Emergency Demolition - 188 Jewett Avenue Item No. 48, C.C.P., Oct. 1, 1996 That the award by the Commissioner of Community Development of an emergency demolition contract to Eastwood Industries at a cost of $5,800.00, relating to 188 Jewett Avenue; is hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-002-00000. PASSED. AYES - 13 NOES - 0 No. 121 Emergency Demolition - 482 Sweet & Garage, etc. Item No. 49, C.C.P., Oct. 1, 1996 That the award by the Commissioner of Community Development of emergency demolition contracts to Great Lakes Contracting Corp. at a cost of $5,200.00, relating to 482 Sweet and garage; at a cost of $6,100.00 relating to 38 Howlett; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000002-00000, 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 Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 122 Emergency Demolition - 676 Sycamore, etc. Item No. 50, C.C.P., Oct. 1, 1996 That the award by the Commissioner of Community Development of emergency demolition contracts to Great Lakes Contracting Corp. at a cost of $3,500.00, relating to 676 Sycamore; to Lebis Enterprises at a cost of $5,500.00 relating to 101 Coit; to Great Lakes Contracting Corp. at a cost of $5,400.00 relating to 293 Coit and garage, to Young's Auto & Housewrecking at a cost of $7,135.00 relating to 546 William and garage; to Great Lakes Contracting Corp. at a cost of $4,400.00 relating to 273 Detroit; to Young's Auto & Housewrecking at a cost of $4,980.00 relating to 1044 Smith; to Great Lakes Contracting Corp. at a cost of $3,800.00 relating to 229 Grey; at a cost of $5,800.00 relating to 231 Grey and garage; to Lebis Enterprises at a cost of $4,750.00 relating to 145 Mills (rear); 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 Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 123 Emergency Demolition - 368 Walnut Item No. 51, C.C.P., Oct. 1, 1996 That the award by the Commissioner of Community Development of an emergency demolition contract to Lebis Enterprises at a cost of $5,900.00, relating to 368 Walnut; 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 Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 124 Niagara Square Trees Item No. 54, C.C.P., Oct. 1, 1996 That the Commissioner of Community Development be, and he hereby is authorized to pay Horticultural Associates, the balance of $9,260 for the trees provided for the Niagara Square Beautification Project. Funds for this project are available in Bond Fund Account 200-717-024. PASSED. AYES - 13 NOES - 0 No. 125 NYS Real Prop.Serv.-Cert.Final Adj. Base Proportions Item No. 80, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 126 Prospect Pointe Block Club Rename 1st Block of Prospect Avenue Item No. 85, C.C.P., June 9,1996 That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News once a week for two consecutive weeks, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mrs. Williams, the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances - In Favor: Ernie Perez, 32 Prospect Katie Bassett, 23 Prospect Opposed: None Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs. Williams. CARRIED. Mrs. Williams now moved that, after the required public hearing held by this Common Council, the first block of Prospect Avenue be renamed Rabin Terrace, and the City Clerk be and hereby is directed to notify the proper authorities as required by Section 286-5 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 127 Rename 16th Street to Union Place No. 139, C.C.P., Sept 3, 1996 That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Coppola, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - In Favor: Dawn Hendryx Opposed: None Mrs. LoTempio moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. Mr. Quintana now moved that, after the required public hearing held by this Common Council, 16th Street be renamed Union Place, and the City Clerk be, and he hereby is, directed to notify the proper authority as required by Section 286-5 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 128 Lougen Memorial AME Petition to use 54 Rohr for a Shelter for Men Item No. 97, C.C.P., July 23, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. That after a public hearing before the Committee on Legislation on October 8, 1996, the petition of Lougen Memorial AME, owner, for permission to use 54 Rohr for a shelter for men be, and hereby is approved. PASSED. AYES - BROWN, COPPOLA, CZAJKA, GRAY, HELFER, KAVANAUGH, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 10 NOES - FRANCZYK, LOCKWOOD, LOTEMPIO - 3 No. 129 Use 54 Rohr (C.P.Bd.) Item No. 8, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 130 Convert 54 Rohr into Shelter for Men Item No. 55, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 131 Paradise Opportunities Petition to use 36 Stanislaus for a Halfway House Item No. 83, C.C.P., Oct. 1, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That after a public hearing before the Committee on Legislation on October 8, 1996, the petition of Paradise Opportunities, owner, for permission to use 36 Stanislaus for a halfway house be, and hereby is approved, subject to Paradise House meeting the obligation of keeping the sidewalks on all sides of the building free of debris and snow from now on, as contained in their letter dated October 10, 1996. PASSED. AYES - 13 NOES - 0 No. 132 Franklin Street Partners Petition to use 488 Franklin for a Sit-in Restaurant Item No. 84, C.C.P., Oct. 1, 1996 That after a public hearing before the Committee on Legislation on October 8, 1996 the petition of Franklin Street Partners, for permission to use 488 Franklin Street to enlarge existing sit-in restaurant be, and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 133 Complaints - Condition of 34 Moeller (CD) Item No. 49, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 134 Crossing Guards at Sch. #53 (Pol) (Item No. 44, C.C.P., May 14, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 135 N. Pearl Blk.Cl.-Req.City Prov.No.Fds.-YWCA Item No. 85, C.C.P., May 14, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 136 Use 245 North YWCA (CC) Item No. 40, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 137 P.Banbriwsky-Pkg.Corner-Niagara & Jersey Item No. 76, C.C.P., June 11, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 138 J.Mogaverno-Concerns Curbs,etc./Bus-Herkimer Item No. 93, C.C.P., June 11, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 139 Appr. Street No. Identification Item No. 163, C.C.P., June 11, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 140 Prospect Pointe Block Club Rename 1st Block of Prospect Avenue (Police) Item No. 37, C.C.P., Oct. 1, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be and the same is received and filed. ADOPTED. No. 141 Prospect Pointe Block Club Rename 1st Block of Prospect Avenue (Fire) Item No. 38, C.C.P., Oct. 1, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be and the same is received and filed. ADOPTED. No. 142 Lisa Kobel and Others Request Alternate Parking Signs be Removed Item No. 103, C.C.P., July 23, 1996 That the petition remove the alternate parking signs from Minton and Clifford Streets be, and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 143 Vandalism at Franczyk Park Item No. 179, C.C.P., September 3, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 144 Vandalism at Franczyk Pk. (CD) Item No. 50, C.C.P., September 17. 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 145 Vandalism at Franczyk Pk. (HSPR) Item No. 60, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 146 Licensing of Delicatessens Item No. 180, C.C.P., Sept. 3, 1996 That this Common Council request the Corporation Counsel to draft legislation aimed at Licensing and requiring a Certificate of Operation for the operation of Delicatessens in the City of Buffalo. ADOPTED. AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NOES - COPPOLA - 1 No. 147 License Delis (CD) Item No. 51, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 148 Notification serials 8704-8712 (PW) Item No. 16, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 149 Encroach - 2436 Seneca Street - Handicap Ramp Item No. 29, C.C.P., Oct. 1, 1996 That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Dr. Thomas Leary, D.D.S., prospective buyer of 2436 Seneca Street, to install a handicap ramp, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the 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 out of the construction, maintenance, use and removal of said ramp. PASSED. AYES - 13 NOES - 0 No. 150 Remove Pay Phone-Wohlers (#223,9/17) Item No. 119, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 151 Restitution Hsg. Ct. Violations (CC) Item No. 42, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 152 Restitution Hsg. Ct. Violations (HSPR) Item No. 61, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 153 NYCLU-Concerns-Raids on Arab Deli Owned Delis Item No. 78, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 154 Ordinance Amendment - Chapter 144 - Contractors Item No. 163, C.C.P., Oct. 1, 1996 That the Ordinance Amendment as contained in item No. 163, C.C.P., October 1, 1996 be, and the same hereby is approved. PASSED. AYES - 13 NOES - 0 COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 155 Rail Plan at Cobblestone District Item No. 186, C.C.P., July 23, 1996 That the recommendations in the Citizens Rapid Transit Committee Draft Plan regarding an NFTA rail spur linking the waterfront and encircling the Cobblestone District and the Marine Midland Arena be considered in a final approved Buffalo Waterfront Plan. ADOPTED. No. 156 Rail Plan-Cobblestone Hist. District (CD) Item No. 56, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 157 NFTA - Rail Plan - Cobblestone District Item No. 77, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 158 Request Reversal - Pedestrian Traffic - Peace Bridge Item No. 196, C.C.P., Sept. 3, 1996 Item No. 207, C.C.P., Sept. 17, 1996 That the City Clerk be directed to send certified copies of this resolution to the Peace Bridge Authority, the N.Y.S. Department of Transportation and the members of the Western New York Congressional Delegation. ADOPTED. No. 159 Agreement - Northeast Buffalo Parkway - Phase II Item No. 34, C.C.P., Oct. 1, 1996 That the Commissioner of Public Works, be and he hereby is authorized to enter into all agreements and receive funds for the Northeast Buffalo Parkway - Phase II. PASSED. AYES - 13 NOES - 0 No. 160 Transfer of Funds - Northeast Parkway Item No. 59, C.C.P., Oct. 1, 1996 That the Comptroller, be and he hereby is authorized to transfer the sum of $75,000 from: CDBG 97-40200 American Axle Access Road to Department of Public Works C.P.A. 200-401-562 Northeast Buffalo Parkway/American Axle Project. PASSED. AYES - 13 NOES - 0 No. 161 Empire St. Dev. - Zemco Inc.Infrastructure Project Item No. 71, C.C.P., October 1, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED SPECIAL COMMITTEE ON GOVERNMENT RELATIONS No. 162 Info. - 1% Addn. Sales Tax Item No. 34, C.C.P., February 6, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 163 Request Referendum on Addn. 1% Sales Tax Item No. 169, C.C.P., February 6, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NOES- COPPOLA - 1 No. 164 City Wide Referendum - 1% Sales Tax (CC) Item No. 68, C.C.P., February 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 165 Erie Co.Exec.-Location of New Court Hse. Item No. 79, C.C.P., February 6, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED RESOLUTIONS No. 166 By: Mr. Brown City-Wide Adopt-A-Lot Program Whereas: There are hundreds of vacant lots throughout the Masten District and the City of Buffalo that contribute to unsightly conditions in many of our neighborhoods, and a substantial number of these lots are owned by said city; and Whereas: The City of Buffalo does not have the financial resources to employ sufficient levels of workers to maintain city-owned vacant lots, particularly those that are plagued by illegal dumping, excessive weeds and litter that tend to draw rodents and offensive odors in neighborhoods; and Whereas: To allow block clubs, community organizations and businesses to adopt city-owned vacant parcels may reduce the debris and rubbish in neighborhoods in addition to empowering residents in their efforts to create and maintain healthy and safe conditions where they live; and Whereas: The local New York State Adopt-A-Highway Program should be our model for developing a successful Buffalo Adopt-A-Lot Program; and Whereas: The Buffalo Adopt-A-Lot Program, if properly coordinated with the Department of Street Sanitation, the Division of Real Estate, Department of Community Development and the Department of Public Works may become one of the most productive, progressive, cost effective, and practical efforts established by the City of Buffalo in recent years; and Whereas: The Buffalo Adopt-A-Lot Program may serve as a strategy to reduce government bureaucracy, increase citizen and neighborhood responsibility, and improve relations between the residents and their government; Now, Therefore, Be It Resolved: That the Law Department file with the Common Council a legal opinion on allowing block clubs, businesses and community organizations to adopt city-owned vacant lots as done by individuals and organizations in the New York State Adopt-A-Highway Program, a program that encourages community service yet protects the state from liabilities due to injury by volunteers; and Be It Further Resolved: That the Department of Street Sanitation, the Department of Public Works, the Department of Community Development, and the Division of Real Estate file with this Common Council a report determining the permissibility and feasibility of allowing organizations and individuals to adopt city owned lots; and Be It Further Resolved: That the Department of Street Sanitation collect the trash at the sites in the Adopt-A-Lot Program at no cost to individuals and organizations and that the Division of Real Estate publish a list of available lots, establish a list of guidelines for participation and coordinate the Adopt-A-Lot Program with the Common Council and the aforementioned department; and Be it Finally Resolved: That the City Comptroller, the Law Department, the Department of Administration & Finance, and Buffalo Enterprise Development Corporation file a report with this Common Council indicating whether or not federal and/or state tax-deductions are permissible within reason for businesses that utilize their employees to maintain city-owned vacant lots. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND BEDC. No. 167 By: Mr. Brown Amend Code of Ethics - City Employee Residency Whereas: All City of Buffalo employees, except those exempted by New York State, are required to live in the City of Buffalo; and Whereas: The Corporation Counsel has opined that residency requirements are a lawful condition of employment; and Whereas: The Code of Ethics, Chapter 12 of the Buffalo Code, requires that every city officer or employee shall file an annual disclosure statement, and file a transactional disclosure statement to document any subsequent changes; and Whereas: If a person knowingly and willingly files a false statement, the Board may assess a civil fine of up to $10,000; and Whereas: Having the residency statements reviewed by the Board of Ethics would provide an important enforcement tool regarding city employee residency; Now, Therefore Be It Resolved: That this Common Council direct the Corporation Counsel to prepare an amendment to the Ethics Ordinance which would require city employees to verify their residence on an annual basis as part of their annual disclosure statement. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 168 By: Mr. Brown Status of Police Precinct 6 Whereas: There has been much speculation concerning the impending elimination of Police Precinct 6, located at 1444 Main near Glenwood; and Whereas: While it is anticipated that the building will serve, at least for the short term, as an Annex for the "B" (Downtown) District, diminished supervision and manpower reductions could adversely impact Officer morale as well as being cause for concern among area residents and businesses; and Whereas: Effects on the Jefferson Avenue Neighborhood Police Initiative, the operation of the Satellite Office at 1490 Jefferson, the timing of the closure, and the eventual elimination of a physical presence that conveys both a real and symbolic evidence of Police protection are all factors that must be addressed; and Whereas: An additional concern is the potential loss of the services of Community Police Officer Kim Beatty, who has established a strong relationship with the Hamlin Park Community and Taxpayers Association. Consideration to allow her to continue as CPO for the Hamlin Park neighborhood should be a priority, and could be accomplished by assigning her to work out of the COPS satellite at 1490 Jefferson; and Whereas: Coupled with the anticipated future closure of Precinct 12 on Genesee Street, the elimination of Precinct 6 deprives one of the City's highest crime areas of a visible Police presence, a situation that seems to ignore the findings presented by Dr. Henry L. Taylor in his study on the Impact of Police Consolidation on the Masten District, which clearly states that "The symbolic issue of a Police presence in the community is of utmost importance"; Now, Therefore, Be It Resolved: That this Common Council requests that the Police Commissioner respond to this resolution and explain the specific plan of action for Precinct 6 and the impact this action will have on current police work in the community, particularly the Special Initiatives, command structure, and personnel deployment; and Be It Further Resolved: That the Commissioner provide an update on the status of siting a new District Station at the former G.E Building location at Fillmore and East Ferry, a site already identified as viable and one already owned by the City of Buffalo and with environmental work already being conducted; and Be It Finally Resolved: That short term and long term plans for Precinct 12 be outlined. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 169 By: Mr. Brown and Ms. Kavanaugh City Union Hiring Practices and Recruitment Whereas: In recent months there has been widespread concern related to the City of Buffalo work force equal employment opportunities and cultural diversity; and Whereas: One of the objectives as our city moves toward the 21st Century should be to improve Buffalo's portrayal in the national media as one of the most racist and segregated cities; and Whereas: Some of the citizen frustrations and concerns stem from the perception that city residents and minorities have disproportionate opportunities in a city where a shrinking population has paralleled a steady increase in taxes and questionable delivery of city services; and Whereas: Historically many minorities have been locked out of labor unions or relegated to low levels of employment, with little or no advancement. It is crucial to the development of our city that our city unions reflect the diversity of Buffalo; and Whereas: It is the responsibility of the Common Council to reasonably advocate for access to all qualified residents of the city in the labor unions and all other City of Buffalo departments, organizations and related agencies; and Whereas: The Common Council, City Unions, Division of Labor Relations, and the various Affirmative Action and Equal Employment Officers of the City of Buffalo should continue to, and in some situations, commence on working together so that hiring, promotional and employment practices encourage diversity and that our work force reflects the diversity of the city of Buffalo. Now, Therefore, Be It Resolved: That the various city unions file with this Common Council a written description of their recruitment practices, and apprentice and training programs; and Be It Further Resolved: That the various city unions file with this Common Council a report with the sum total of city employees, and the total number and percentage of minorities and women employees in their respective unions by category (Hispanic, African-American, Native American, Asian-Americans, and others); and Be it Finally Resolved: That the city unions file with this Common Council the total numbers and percentages of employees in their respective organizations that reside in and outside of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE CORPORATION COUNSEL AND ALL UNIONS. No. 170 By: Messrs. Brown, Czajka, Franczyk, Zuchlewski, Ms. Gray, Mrs. Lockwood and Williams Surcharge for Non-Resident City Employees Whereas: The Charter of the City of Buffalo requires that every employee of the City of Buffalo must be "a domiciled resident of the City;" and Whereas: The State of New York has exempted certain city positions from the residency requirement, mostly in the Departments of Police, Fire, and Street Sanitation as well as the Board of Education; and Whereas: The Civil Service Commission recently estimated that the total number of City of Buffalo employees (not including the Board of Education) who are exempted is approximately 984; and Whereas: City employees who do not live in the City do a disservice by failing to contribute, through property taxes and other means, to the municipality that is providing them with a livelihood, and if this trend it continues threatens to de-stabilize the City; and Whereas: This Common Council has spearheaded an effort to strengthen the City's enforcement of the residency requirements that are currently in place, and will continue to do so in the future; and Whereas: This Council has also tried unsuccessfully to convince the New York State Legislature to amend its residency exemptions, but will continue to appeal to the State to repeal those measures which contribute to the decline of this City; and Whereas: Getting a fair contribution from all City employees would not only enhance our ability to provide services to our constituents, but it would also increase our capacity to increase salaries and improve conditions for the City's workers; and Whereas: In recognition of the long history of New York State being unwilling to change the residency exemptions, it is incumbent on this Council to examine ways to make up for the economic disadvantage that these exemptions produce for the City; and Whereas: One way is to enact a "non-resident surcharge" which would require that City workers who do not live in the City pay a certain percentage of their salaries back to the City; and Whereas: This surcharge would better enable the City to fund needed municipal services, particularly during these very difficult financial times; Now, Therefore Be It Resolved: That the Corporation Counsel be directed to submit information on what action would have to be undertaken by the City of Buffalo in order to enact a nonresident City employee surcharge; and Be It Further Resolved: That the City Comptroller prepare a report detailing the total amount of annual salaries being paid to employees of the City of Buffalo who do not reside in the City, and a report detailing that information regarding Board of Education employees; and Be It Further Resolved; The Mayor be requested to comment on the advisability of establishing a non-resident City employee surcharge, as well as any other recommendations related to the issue of non-residents who work for the City; and Be It Further Resolved: That this Council commit to maintaining its efforts to convince New York State to repeal the residency exemptions, and undertake the establishment of a task force comprised of councilmembers and community leaders that will make a concerted effort to aggressively pursue these issues with our elected representatives in Albany; and Be It Further Resolved: That this Honorable Body memorialize the State of New York to enable the City of Buffalo to establish a non-resident City employee surcharge; and Be It Finally Resolved: That the City Clerk be directed to forward certified copies of this resolution to the Western New York delegation to the New York State Legislature, the Secretary of the New York State Senate and the Clerk of the New York State Assembly. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, THE CORPORATION COUNSEL, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMPTROLLER , NYS COMPTROLLER AND NYS CIVIL SERVICE COMMISSION. No. 171 By: Mr. Coppola Acceptance of Additional Funds For Lighted Schoolhouse Program Whereas: The Common Council approved a resolution CCP 138, September 20, 1988, which authorized the Department of Human Resources, through the Division For Youth and others to conduct Lighted Schoolhouse Programs; and Whereas: The Division For Youth, now located in the Parks Department, conducted the Lighted Schoolhouse Program through 1995-96; and Whereas: Approval of each program must be authorized by the Common Council; and Whereas: The Lighted Schoolhouse Program continues to be of great benefit to the citizens of the City of Buffalo enabling citizens to utilize city school buildings in the evening hours during the summer, holidays, weekends and on other occasions; and Whereas: The Common Council accepted, on behalf of the City, the funds allocated by the Buffalo Urban Renewal Agency as follows: October 12, 1995, Item 3N in the amount of $295,468 for programmatic cost for the Lighted Schoolhouse Program; and Whereas: The Buffalo urban Renewal Agency, at its meeting of September 26, 1996, approved Item 3F, increasing the 1995-96 funding allocation by $5,000 to provide for the purchase of computer equipment for the Lighted Schoolhouse program at School #54. Be It Further Resolved That The Common Council accepts the additional allocation of $5,000 for programmatic costs, increasing the total allocation to $300,468 for the 1995-96 funding year. PASSED. AYES - 13 NOES - 0 No. 172 By: Mr. Coppola Pay-Per-Bag User Fee Whereas: Over the past year, this Common Council and the Administration have explored different user fee methods for garbage pickup to bridge the $16 million budget gap, and one of those methods suggested during budget negotiations was pay-per-bag, which has successfully been implemented in many cities across the country and in New York State; and Whereas: Binghamton, NY, has had a very successful pay-per-bag program for six years, which requires citizens and businesses to put garbage on the curb in city-issued garbage bags, and this policy has reduced their garbage consumption and increased recycling and composting; and Whereas: The bags are available in three sizes, 8, 16, and 32 gallon, to accommodate various levels of usage and are sold through retail outlets such as groceries and pharmacies, as well as city halt; and Whereas: The availability of three sizes would be more equitable as citizens, such as senior citizens and single persons, would be paying for what they actually use. Now Therefore Be It Resolved That This resolution be referred to Legislation Committee and the Commissioner of Administration and Finance conduct a full review of the pay-per-bag system being used throughout the country and in New York State and report back to this body within sixty days. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, THE CORPORATION COUNSEL, COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF STREET SANITATION. No. 173 By: Mr. Czajka Salary Ordinance Amendment 50 - Department of Human Services, Parks & Recreation 3 - Division for Senior Citizens 011- Recreation Programs For The Elderly The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50 Department Of Human Services, Parks & Recreation 3 - Division For Senior Citizens 011 Recreation Programs For The Elderly, which reads: 5 Senior Citizen Specialist Supervisor $23,514-$27,387 5 Senior Citizen Aide$20,215-$22,420 is hereby amended to read: 3 Senior Citizen Specialist Supervisor $23,514-$27,387 6 Senior Citizen Aide$20,215-$22,420 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, DANIEL T. DURAWA, Commissioner of Parks and JAMES B. MILROY, Director of the Budget, hereby certify that the above changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel PASSED. AYES - 13 NOES - 0 No. 174 By: Mr. Czajka Salary Ordinance Amendment Enterprise Fund - Solid Waste & Recycling 70 - Department of Street Sanitation 1 - Solid waste 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 70 Department Of Street Sanitation 1 - Solid Waste 011 Collection Of Refuse, is hereby amended by adding thereto: 1 Senior Account Clerk Typist $21,610-$24,282 2 Clerks $20,215-$22,420 450 - ENTERPRISE FUND - SOLID WASTE & RECYCLING 70-1 DEPARTMENT OF STREET SANITATION TEMPORARY SERVICES AS REQUIRED Laborer II (Seasonal)$6.92 WE, VINCENT J. LOVALLO, Commissioner of Street Sanitation and JAMES B. MILROY, Director of the Budget, hereby certify that the above changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 175 By: Mr. Franczyk Increased Appropriation Appropriation Allotments - Board of Education That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Board of Education be and the same hereby is increased in the sum of $2,000,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 100 - General Fund 810 - General City Revenue 403 - State Aid 85550 - Special State Assistance $2,000,000 To meet the increased appropriation as set forth below: 100 General Fund 97-0 - Board of Education Operation and Maintenance. $2,000,000 PASSED. AYES - 13 NOES - 0 No. 176 By: Messrs. Franczyk & Zuchlewski User Fee Reduction Measures - Vacant Lots Whereas: A user fee for garbage services was adopted by the Common Council in order to spread the cost of solid waste pickup and disposal more equitably among all those benefiting from the service; and Whereas: It is important that every avenue be explored to reduce or eliminate the user fee and to insure it is as fair as possible; and Whereas: The decision to charge a user fee for vacant lots has been a controversial one because some lots produce no garbage and the fee is a burden for those community minded citizens who have bought vacant lots in order to keep them up and thus benefit their neighborhood; and Whereas: In addition, some lot owners have performed a valuable community service by allowing their lots to be used for community gardens; and Whereas: At the same time, many vacant lots act as a magnet for garbage and trash and produce a good deal of yard waste that is picked up by the city; and Whereas: It would be useful to provide an incentive for owners of vacant lots to keep them up and to minimize the amount garbage they produce; and Whereas: There is no reason for the city to be picking up ward waste when yard waste can be easily composted and turned into a valuable soil amendment; and Whereas: An incentive for vacant lots used as community gardens might encourage the burgeoning movement to beautify the city through gardening; Now, Therefore, Be It Resolved That: This Council requests the Commissioner of Street Sanitation to explore the feasibility of exempting from all or part of the vacant lot user fee, owners of vacant lots who have demonstrated expertise in composting yard waste and who can show that they do compost their yard waste; and Be It Further Resolved That: This Council requests the Commissioner to explore the feasibility of exempting all or part of the user fee for vacant lots that are used for community gardens; and Be It Finally Resolved That: This Council requests the Commissioner to file any other ideas he might have for providing a more equitable fee to vacant lot owners. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF STREET SANITATION AND THE CORPORATION COUNSEL. No. 177 By: Mr. Franczyk User Fee Reduction Measures - Pay As You Throw (PAYT) Whereas: A user fee for garbage services was adopted by the Common Council in order to spread the cost of solid waste pickup and disposal more equitably among all those benefiting from the service; and Whereas: It is important that every avenue be explored to reduce or eliminate the user fee and to insure it is as fair as possible; and Whereas: Pay As You Throw (PAYT) systems are in place in nearly 2,000 communities in America and have been very effective at raising recycling rates and cutting disposal costs; and Whereas: Under a typical PAYT system, garbage is only picked up if it is in a city bag and revenues are generated from the sale of those bags; and Whereas: PAYT systems provide an equitable incentive to produce less garbage by rewarding those who have to buy fewer bags, unlike the current user fee system where, for example, all single family properties pay the same fee whether they house a single person producing 1/2 bag per week or a family of six producing ten bags; and Whereas: PAYT allows those who can't afford to pay for garbage service to reduce their expenses through their own efforts in recycling and purchasing wisely; Now, Therefore, Be It Resolved That: This Council requests the Commissioner of Street Sanitation, in consultation with the Solid Waste Advisory Committee, and after public input, to report back on the feasibility of implementing various ways that Pay-As-You-Throw (PAYT) methods can be used to make solid waste fees more equitable while encouraging recycling. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF STREET SANITATION AND THE CORPORATION COUNSEL. No. 178 By: Mr. Franczyk Bond Resolution $75,000 Bonds Reconstruction N.I.C. Facade Account No. 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $75,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the Neighborhood Information Center at 1168 Broadway, at the estimated maximum cost of $75,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seventy-Five Thousand Dollars ($75,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of exterior renovation of City-owned building housing the Neighborhood Information Center located at 1168 Broadway in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $75,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction N.I.C. Facade, 1996-97, " Account No. 200-717, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $635,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 156-2. Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class " B " construction, as defined by Section 11.00 a. 11(b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: October 15, 1996 LAID ON THE TABLE. No. 179 By: Mr. Franczyk Bond Resolution $100,000 Bonds Reconstruction of Basketball & Tennis Courts Account 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of basketball and tennis courts at various parks and playground areas located in the City at the estimated maximum cost of $100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance recreational area improvements at various parks and playground areas located in the City, including the partial reconstruction of basketball and tennis courts. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $ 1 00,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Reconstruction Basketball/Tennis Courts-Various, 1996-97," Bond Authorization Account No. 200-717, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 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. 19 (c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: October 15, 1996 LAID ON THE TABLE. No. 180 By: Mr. Franczyk Bond Resolution $150,000 Bonds Renovation Citywide Playgrounds Account 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of various improvements to playgrounds, located throughout the City, at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of various improvements to playgrounds, located throughout 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 $150,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, "Division of Development, 1996-97", Bond Authorization Account No. 200-717, 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 $150,000. 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.19(c) 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: October 15, 1996 LAID ON THE TABLE. No. 181 By: Mr. Franczyk Bond Resolution $150,000 Bonds Citywide Tree Planting Program Account 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of removal of diseased trees and the planting of new trees in the City at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of removal and replacement of diseased trees and the planting of new trees in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Citywide Tree Planting Program, 1996-97," Bond Authorization Account No. 200-717, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of 150,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 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. 57 (1st) of the Local Finance 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 as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: October 15, 1996 LAID ON THE TABLE. No. 182 By: Mr. Franczyk Bond Resolution $150,000 Bonds Restoration of Monuments Account No. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City, to finance the cost of the restoration of monuments located in the City, at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the restoration of monuments located in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is 150,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Restoration of Monuments, 1996-1997," Bond Authorization Account No. 200-402, 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 150,000. 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) 76. of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: October 15,1996 LAID ON THE TABLE. No. 183 By: Ms. Kavanaugh and Mr. Brown Environmental Bond Act Whereas: On Tuesday, November 5th, voters in New York State will participate in a referendum on a $1.75 billion Environmental Bond Act designed to fund water and air quality programs, solid waste initiatives, brownfield restoration projects and environmentally responsible economic growth; and Whereas: The Bond Act presents the city of Buffalo with a golden opportunity to gain funding for many important and beneficial projects that have gone unfunded or under-funded for years; and Whereas: The Bond Act will provide the following: Millions Clean Drinking Water Program $355 State Revolving Loan Fund $265 Grants for Infrastructure $95 Clean Water Program $790 Includes: Land Acquisition $150 Municipal Parks Projects $50 State Parks Projects $50 Great Lakes Protection $25 Solid Waste Initiatives $175 Fresh Kills Landfill $75 Adirondacks Landfills $50 Recycling Capital Program $50 Brownfield Restoration Projects $200 Air Quality Programs $230 Whereas: Examples of local projects that may be eligible for funding include: The restoration of several brownfields in the city, particularly since Buffalo has a proactive Brownfields Task Force; Improved recreational opportunities, including the Waterfront Greenway System; Improvement of drinking water and upgrading of water quality infrastructure; Capital improvements for the recycling program; The Green Gold strategy for sustainable economic development; Pest management projects that would reduce non-point source water pollution; Open space and parks projects, perhaps including the establishment of a beach in the city; and Whereas: Because Buffalo's environment has been devastated by industrial activity in the past this city stands to gain significantly from the Bond Act if the funds are distributed fairly and if the city prepares properly; Now, Therefore, Be It Resolved That: This Common Council urges the citizens of the city of Buffalo to vote in favor of the Environmental Bond Act on Tuesday, November 5th; and Be It Further Resolved That: This Council requests Mayor Masiello to file a report as soon as possible on efforts his administration is making to ensure that Buffalo has eligible projects ready to go in the event the Bond Act passes. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 184 By: Ms. Lockwood Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Brenda Barnett Claim for loss of garbage cans at 182 Grey Street. $17.00 2. Anthony Brown Claim for bicycle that was stolen while in the custody of the Buffalo Police Department. $98.17 3. Willie Mae Davis Claim for loss of garbage cans at 120 Niagara Falls Boulevard. $12.00 4. Carol DiFrancesco Claim for loss of garbage can at 19 Seattle Street $10.00 5. Michelle Jockin Claim for loss of garbage cans at 55 Shoshone Street $15.00 6. Ena Johnson Claim for loss of garbage cans at 132 Hedley Place. $12.00 7. Michael Polowy Claim for loss of garbage cans at 140 Sterling Avenue. $13.90 8. Joseph E. Wooley Claim for loss of garbage cans at 522 Linwood Avenue. $15.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES - 13 NOES - 0 No. 185 By: Ms. Lockwood Sprint Spectrum Whereas, on or about September 3, 1996, the City of Buffalo enacted a ninety (90) day moratorium on the issuance of permits for the erection or construction of, among other things, wireless service facilities; and Whereas, subsequent to the enactment of the moratorium, Sprint Spectrum, L.P., ("Sprint") provided to the City a cell plan detailing Sprint's proposed facilities in the City and other information confirming that Sprint's facilities meet the Federal Communication Commission standards on the emission of radio frequency electromagnetic fields; and Whereas, Sprint's cell plan identifies nine (9) core sites in the City, namely, the Statler Towers, Millard Fillmore Hospital, Mary Agnes Manor on Porter Avenue, Buffalo General Hospital, the Buffalo Great Arrow Complex, the Buffalo Industrial Park, the Graphic Controls Building, the site of the existing TCI Tower on LaSalle Avenue and the site of the existing WNED Tower on Barton Avenue; and Whereas, all of the nine (9) proposed sites involve the placement of Sprint's facilities on the rooftops of buildings which are tall enough so as to not require a tower for further height and which already have existing telecommunication facilities or on existing towers or structures; and Whereas, Sprint has withdrawn plans to locate their facilities at Hancock Street in a residential district; and Whereas, Sprint has agreed to comply with all existing zoning laws and historical preservation laws regarding the proposed locations; and Whereas, Sprint has agreed to pay a percentage of their gross revenues under the utility tax which will result in revenue to the City; and Whereas, Sprint has entered into lease agreements with many of the owners of the buildings on which the rooftop facilities will be located resulting in revenue to the City; and Whereas, Sprint has agreed and committed to a policy of co-location which allows other telecommunication operators the ability to place their facilities on Sprint's facilities thus decreasing any proliferation of towers in the City; and Whereas, Sprint has agreed not to apply for any other locations than those identified above during the term of the moratorium; and Whereas, Sprint has agreed to enter into good faith negotiations for a telecommunication franchise agreement with the City covering such items as compensation to the City, the placement of Sprint's facilities on City-owned sites, and the hiring of City residents including women and minorities; and Whereas, under Federal Law the City cannot prohibit or take actions which have the effect of prohibiting the provision of wireless service in the City; It is Hereby Resolved, that the City accept Sprint's applications for the above locations and process them accordingly. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 186 By: Mrs. LoTempio Ongoing Review of City Budget Whereas: The Mayor's 1996-97 Budget Recommendations, presented to this Common Council on May 1, 1996, included a number of proposals for consolidations, transfers of services to Erie County, privatization, departmental mergers, and other structural changes in the city's operations. Additional suggestions, offered by Erie County Executive Dennis Gorski in "A Comprehensive Plan for City Assistance and Fiscal Reform" and by the Buffalo Financial Planning Commission, were considered but not proposed for inclusion in the budget; and Whereas: Major factors in the Council's decision not to implement all of the proposals were the tight 21 day timeline of the Council's budget process, which severely limits the ability of the Council to thoroughly evaluate the implementation and the impact of budget recommendations which propose to dramatically alter the existing structure of municipal government, and a reluctance to shift traditional City services to the County, thereby losing oversight of the service and eliminating a vital city/constituent link for intervention; and Whereas: With the recent completion of the first quarter of the 96-97 fiscal year, and the concurrent start of the new Solid Waste Collection and User Fees, the time has come to evaluate the current budgetary trends and to identify areas for additional structural change to insure Buffalo's fiscal stability. The public outcry in opposition to the Solid Waste Collection and User Fees and anticipated legal challenges to the fees make it imperative that alternatives and modifications be explored. Other areas worth revisiting and/or reviewing include: the sharing in the growth of the 1% Sales Tax with Erie County; additional City/County consolidations; management employee matters including benefit modifications and residency regulations; and various other proposals in the County Executive's report; and Whereas: In his Budget Message, Mayor Masiello stated he would appoint a committee including representatives from outside government to manage the on-going process of consolidation and cooperation. The Common Council has established a Special Committee on Budget to monitor finances and a Special Committee on Government Relations to address issues of mutual interest, some of which have fiscal impact; and Whereas: Inter- and intra- governmental cooperation is an absolute necessity for the City of Buffalo's survival, and an essential component to foster this cooperation is the active participation of all branches of City and County Government, Now, Therefore, Be It Resolved: That this Common Council request that Mayor Masiello, Commissioner of Administration and Finance Eva Hassett, City Comptroller Joel A. Giambra, Erie County Executive Dennis T. Gorski, County Budget Director Sheila K. Kee, County Comptroller Nancy A. Naples, and County Legislature Chairman Charles M. Swanick comment on the practicality and feasibility of implementing any of the suggestions contained in the County Executive's Report; and Be It Further Resolved: That the aforementioned also comment on any other areas for potential cost savings or revenue enhancement; and Be It Further Resolved: That the Mayor, County Executive, Council President, and Legislature Chairman each submit the names of three appointees in order to establish a formal, joint forum for City/County interaction on budgetary matters; and Be It Finally Resolved: That responses be filed with the City Clerk prior to 2 PM on Thursday, October 24 1996. ADOPTED. No. 187 By: Mrs. LoTempio Implementation of a Non-Resident City of Buffalo Employee Payroll Surcharge Whereas: The City of Buffalo is facing the prospect of severe budget deficits this upcoming budget year and beyond; and Whereas: Property taxes assessed to homeowners are largely insufficient to finance City services-, and Whereas: The recently enacted "user fee" for the collection of refuse and recycling has encountered overwhelming opposition from City residents; and Whereas: Without a major revenue generating mechanism, the City will be compelled to make drastic cuts in basic city services by eliminating hundreds of jobs affecting hundreds of city workers; and Whereas: The implementation of higher taxes would cause a further flight of people from the City, therefore other ways to increase City revenues must be explored; and Whereas: The City is losing its population and its tax base to neighboring suburbs, which reduces the annual tax base by millions of dollars; and Whereas: A large percentage of City of Buffalo Police, Fire, Sanitation, and Board of Education employees five outside of the City; and Whereas: These specific City employees may live outside of the City based, in part, on a New York State law enacted in the early 1940's to supplement a municipality's work force because of manpower shortages due to World War 11; and Whereas: This law remains in effect, much to the dismay of a majority of City officials and residents, causing the City to lose a significant amount of drastically needed revenue; and Whereas: There are over 3,000 employees from the Police, Fire, and Sanitation departments, and the Board of Education residing outside the city, whose salaries total approximately $143,000,000 each year; and Whereas: To expend $143,000,000 in salaries to individuals that live outside the city, and who may be potential homeowners, is a lost opportunity to receive revenue in the form of property taxes for the City of Buffalo; and Whereas: The City's neighboring towns and villages adhere to strict residency requirements concerning hiring, therefore insuring that a portion of employees' income will remain within that specific town or village; and Whereas: In order to supplement this lost source of revenue, the City should impose a Non-Resident City of Buffalo Employee Payroll Surcharge; and Whereas: This surcharge could be in the form of a 1% payroll deduction implemented solely on Non-Resident City of Buffalo Employees; and Whereas: A Non-Resident City of Buffalo employee payroll surcharge could be withheld from the paychecks of non-resident City of Buffalo employees, and as with all local taxes, would be a federal income tax deduction; and Whereas: This surcharge would allow the City to recoup greatly needed revenue from employees that receive City of Buffalo paychecks but choose to live outside the City; and Whereas: The surcharge will not effect non-City of Buffalo employees working in the City, nor will it have a negative impact on businesses within the City; and Whereas: Implementation of a Non-Resident City of Buffalo employee payroll surcharge is a reasonable and equitable way for the City to recover drastically needed revenue. Now Therefore Be It Resolved That: This Honorable Body requests that the Department of Administration and Finance, the Comptroller, and the Corporation Counsel review this resolution and report back to this Council on the feasibility of implementing a Non-Resident City of Buffalo employee payroll surcharge on all individuals working for the City of Buffalo and the Board of Education and residing outside City limits; and Be It Further Resolved: That the Commissioners of the Departments of Police, Fire, Streets Sanitation, and the President of the Board of Education respond to this Honorable Body with detailed reports concerning the number of employees within each department that reside outside the City, and the financial impact that this has upon the City of Buffalo; and Be It Finally Resolved: That reports from the aforementioned departments be filed with this Common Council no later than November 12, 1996. ADOPTED. No. 188 By: Mr. Pitts Audit Memorial Auditorium Whereas: With the opening of the new Marine Midland Arena, the City of Buffalo has undertaken the "mothballing" of Memorial Auditorium until plans for the re-use of that facility are in place; and Whereas: In anticipation of the closing of the Auditorium, this Council had requested that the Director of the Stadium and Auditorium prepare a complete inventory of all the supplies and equipment; and Whereas: The purpose of asking that this list (No. 3, C.C.P. April 16, 1996) be compiled was to allow the Division of Purchase and the Division of Audit to determine the market value of the items and make recommendations about their future disposition; and Whereas: Many questions and concerns have arisen about the current status of that inventory; Now, Therefore Be It Resolved: That the Director of Stadium and Auditorium be requested to provide an updated inventory of all of the Memorial Auditorium supplies and equipment and to detail what has happened to any items that are no longer in the City's possession; and Be It Further Resolved: That the City Auditor and Director of Purchase be requested to conduct an audit of all of the equipment, supplies and furnishings of Memorial Auditorium. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE AND THE BOARD OF STADIUM AND AUDITORIUM. No. 189 By: Mr. Zuchlewski Ordinance Amendment Chapter 413 - Streets and Sidewalks The Common Council of the City of Buffalo does hereby ordain as follows: That Section 413-29 of Chapter 413 of the Code of the City of Buffalo be amended to read as follows: 413-29. Replacement required. A. Every owner or occupant of any premises who shall receive a permit for the construction of any sewer or vault or to open any street or public place in front of his premises shall refill, re-lay and replace the pavement and surface of the street and sidewalk removed for that purpose or disturbed by him in as good condition as the same was before the work of building such sewer or vault or opening such street or sidewalk was commenced, and if he fails to do so, the Commissioner of Public Works may cause such street or sidewalk to be refilled, re-laid or repaved and shall report the expense thereof to the Common Council, which shall cause such expense to be assessed to the premises in front of which such work was done. B. In the event the cobblestone pattern on Elmwood Avenue between Forest Avenue and Delavan Avenue is removed or broken, it shall be replaced by the permit holder in as food condition as the cobblestone pattern sidewalk was before the work of building any sewer or vault or opening a street or sidewalk was commenced, and if he fails to do so, the Commissioner of Public Works may cause such street or sidewalk to be refilled, re-laid or repaved in a cobblestone pattern that conforms with the rest of the cobblestone pattern on Elmwood Avenue between Forest Avenue and Delevan Avenue and shall report the expense thereof to the Common Council, which shall cause such expense to be assessed to the premises in front of which such work was done. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 190 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 Urban Christian Ministries By Councilmember Brown Felicitation for Daughters of Isis By Councilmember Pitts Felicitation for Bishop Robert Deas By Councilmember Pitts Felicitation for New Hope Baptist Church By Councilmember Pitts Felicitation for Elder Jerome Ferrell By Councilmember Williams In Memoriam for Rev. Henry Wynn By Councilmember Pitts ADOPTED. No. 191 Announcement Of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tues, Oct. 22, 1996, 9:30 AM Finance Tues, Oct. 22, 1996-following Civil Service Legislation Tues, Oct. 22, 1996-2:00 PM Community Dev. Wed, Oct. 23, 1996, 10:00 A.M. Education Wed, Oct. 23, 1996, 2:00 P.M. Budget Wed, Oct. 23, 1996, 2:00 PM-Room 1417 No. 192 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Coppola the Council adjourned at 4:27 PM. Charles L. Michaux, III City Clerk