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HomeMy WebLinkAbout98-0908 No. 16 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 8, 1998 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbara Kavanaugh Rosemarie LoTempio DISTRICTCOUNCILMEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULARCOMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra Kavanaugh, Dennis T. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-Williams Members FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller- Williams, Dale Zuchlewski Members SPECIALCOMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis T. Manley CORPORATION PROCEEDINGS COMMONCOUNCIL CITYHALL-BUFFALO TUESDAY,SEPTEMBER9,1998 Susan Kahaly AT2:00P.M. EXP. 235 S. Union Rd. WmsvI.,N.Y. 14221 03/31/2001 PRESENT - James W. Pitts President of the Council, 1416 Main Street Buffalo, N.Y. 14209 and and Council Members Brown, Coppola, Fontana, 70 Harvard Place Buffalo, N.Y. 14209 Franczyk, Gray, Helfer, Kavanaugh, LoTempio, Manley, 48 W. Cleveland Drive Buffalo, N.Y. 14215 Pitts, Quintana, Williams and Zuchlewski - 13. P.O. Box 355 Clarence Ctr. 14032 78 St. Johns Ave. Bflo, N.Y. 14223 86 Rogers Ave Bflo, N.Y. ABSENT - None. 14211 1310 Delaware Avenue Buffalo, N.Y. 14209 03/31/99 On a motion by Mrs. LoTempio, seconded by Mr. Ms. Kahaly is a graduate of the State University of New York Fontana, the minutes of the stated meeting held on July at Buffalo-Master of Architecture, Now York Institute of 21, 1998 and the Special Session held on July 23, 1998 Technology and Fashion Institute of Technology. She is self were approved. employed as an Architectural Consultant. . Susan has worked on various design development and Architect development of FROMTHEMAYOR many projects, such as Jefferson House Transitional Housing, Valley Day Care Center, Commerceport; Greater Buffalo NO.1 Convention and Visitors Bureau, and numerous other projects. VETOMESSAGE-THECLAIMOF Ms. Kahaly is active in many community service projects, such TIMOTHYJ.SCIOLI as be Blind Association of Western New York, Children's In regard to Item No. 128, C.C.P., July 21, 1998, I hereby Hospital of Buffalo and the American Red Cross. exercise my authority to veto the action taken by the Common Susan Kahaly is replacing Dominic Marinelli. Her term will Council to pay the claim of Timothy J. Scioli. expire March 31, 1999. While Timothy Scioli served in the Homicide Unit he Gerald J. Caci 97 Ransom Road Buffalo, N.Y. 14086 possessed the civil service rank of 'Lieutenant." Mr. Scioli was Mr. Caci graduated from St. Mary's School for Deaf and Erie reassigned from the Homicide Unit to the Career Criminal Task I BOCES 2 year program in Electrical Systems. He works for Force ("CCTF") as a Lieutenant. Mr. Scioli received additional Talk & Tell Communication repairing paging and cellular compensation as a result of a grievance settlement (he was not phone; changer pager codes; filling forms on the computers the grievant) which awarded him and two other lieutenants a related to paging & cellular information. pay grade increase for supervisory duties while serving as Jerry Caci is replacing Mark Foley. His term will expire successive supervisors of the Homicide Unit. Timothy Scioli March 31, 2000. did not hold the title of "Assistant Chief of Detectives" while on I hereby appoint Ronald Clark as Chairman of the Advisory the CCTF and thus he is not entitled to the salary for that title. Committee for Persons with Disabilities. The CCTF was never commanded by an officer in the title of I hereby certify that the above named individuals are fully "Assistant Chief of Detectives." qualified to serve as members of the Committee for Persons Mr. Scioli had retired from the Police Department in June With Disabilities. 1995 while assigned to the CCTF. The pay increase did not REFERRED TO THE COMMITTEE ON LEGISLATION, THE transfer with the new assignment since it was limited to the CORPORATION COUNSEL DIVISION OF COLLECTIONS, Homicide Unit as set forth in the grievance settlement, which AND THE COMPTROLLER provides that: Lt. Timothy Scioli shall be paid the difference in pay between a police lieutenant and assistant chief of NO.3 detectives for he was assigned as assistant REAPPOINTMENTOFMEMBERSTOTHE the period of time EMERGENCYMEDICALSERVICESBOARD chief of detectives in the Homicide Unit. (italics added) Pursuant to the powers vested in me in Chapter 6 of the Mr. Scioli was a member of the Buffalo Police Benevolent Code of the City of Buffalo, I hereby reappoint the following Association, the authorized bargaining agent for police officer members to the Emergency Medical Services Board. employees regarding terms and conditions of employment. Dr.C Richard Braen M.D. 40 Dana Rd Bflo NY 14216 There was no grievance filed on behalf of Mr. Scioli for any Dr. Braen will serve until June 30, 2001 additional compensation entitlement for the period of time he Michael V. Walters 13 Woodard Ave Angola, NY 14006 served on the CCTF. The collective bargaining agreement Mr. Walters will serve until June 30, 2001. provides the bargaining unit members, such as Mr. Scioli, with I hereby certify that the above named individuals are fully the exclusive legal remedy for alleged violations of the terms qualified to serve as members of the Emergency Medical and conditions of employment. Services Board. Under the City Charter (Section 295.20) the Director of Labor REFERRED TO THE COMMITTEE ON LEGISLATION, THE Relations is charged with monitoring compliance with employee CORPORATION COUNSEL, DIVISION OF COLLECTIONS contracts. In 1995, the Director of Labor Relations rejected Mr. AND THE COMPFROLLER Scioli's claims for additional compensation. At that time, Mr. Scioli did not file a grievance in the manner required by the NO.4 collective bargaining agreement. Now, his claims are time- APPOINTMENTOFMEMBERTOTHE barred under General Municipal Law, Section 50-i. BUFFALOURBANRENEWALAGENCY Mr. Scioli has pending a lawsuit against the City, which the Pursuant to Section 639 of the General Municipal Law, I hereby Corporation Counsel is opposing. Approval of this claim appoint Virginia C. Purcell, residing at 272 Woodward Avenue, circumvents the court system, where this matter rightfully Buffalo, NY 14214 as a member of the City of Buffalo Urban should be addressed. This action also sets a bad precedent Renewal Agency. and would encourage other aggrieved members of the Ms. Purcell is the Executive Director of the United Cerebral bargaining unit to seek redress outside the established Palsy Association of Western New York. She is a graduate of procedure. D'Youville College and holds a master’s degree in Education For these reasons, I must return this item without my from Canisius College. She has been a fellow at the University approval. of Buffalo Center for Entrepreneurial Leadership (1996-97) and TABLE attended Harvard Business School's Strategic Perspectives for Non-Profit Management in 1998. NO.2 I hereby certify that the above named individual is fully REAPPOINTMENT&APPOINTMENTOFMEMBERSTO qualified to serve as a member of the Buffalo Urban Renewal THECOMMITTEEFORPERSONSWITHDISABILITIES Agency. This is to notify the Common Council that pursuant to the REFERRED TO THE COMMITTEE ON LEGISLATION, THE powers vested in me by Section 91 of Article VI of the Charter CORPORATION COUNSEL, DIVISION OF COLLECTIONS of the City of Buffalo, as amended, I hereby reappoint and AND THE COMPTROLLER appoint the following persons as members of the Committee for Persons With Disabilities, commencing immediately: NO.4 Reappointment APPOINTMENTOFMEMBERTOTHE Nancy Siegel BUFFALOARTSCOMMISSION James Lembeck Virginia Williams Pursuant to the powers vested in me in Chapter 6, Article 5, Madonna Priore Section 6-26 of the Code of the City of the Mayor , to the Kathleen Hoffman Buffalo Arts Commission: Jack Farrell Judy Beecher 28 Oakland Place Buffalo NY 14222 Joseph Schmid Ms. Beecher is currently Assistant Director for Administration Appointment., and Facilities at the Albright-Knox Art Gallery where she has Arnericare Park. Jim Hornung is an independent sports field been employed since 1984. She is a founding member of both consultant to the City of Erie, State University at Buffalo, and the Buffalo Inner-city Scholarship Opportunity Network Bisons Baseball, Inc. (BISON) Fund and the Western New York Institute for the Arts I hereby certify that the above named individual is fully in Education. She will replace Cheryl A. Brutvan on the qualified to served on the Pest Management Board. Commission. REFERRED TO THE COMMITTEE ON LEGISLATION, THE Joseph G. Giambra 58 Brantford Place Buffalo, NY 14222 CORPORATION COUNSEL, DIVISION OF COLLECTIONS Mr. Giambra is a noted writer, actor, composer and musician, AND THE COMPTROLLER as well as a retired Buffalo Police Officer. He will replace Olga Mendell on the Commission NO.10 I hereby certify that the above named individuals are fully BUFFALOBOARDOFETHICS qualified to serve as members of the Buffalo Arts Commission. Pursuant to the powers vested in me by Section 12-19, REFERRED TO THE COMMITTEE ON LEGISLATION, THE Article 11, Chapter 12 of the Buffalo Code, I hereby appoint the CORPORATION COUNSEL, DIVISION OF COLLECTIONS following individuals to the Buffalo Board of Ethics: AND THE COMPTROLLER Richard T Sullivan Esq. 223 Depew Ave Bflo. 14214 NO.6 Mr. Sullivan graduated with a B.A. from lona College APPOINTMENTOFMEMBERTOTHE and J.D. from the University of Notre Dame. He is a practicing BUFFALOSEWERAUTHORITY attorney with the law firm of Sullivan and Oliverio. Richard Pursuant to the powers vested in me by Section 1177 of the Sullivan is an Adjunct Professor of Law, State University of Public Authorities Law, I hereby reappoint, subject to New York at Buffalo, School of Law. He has had numerous confirmation by Hon. Honorable Body the following individuals prestigious positions in the community, such as Chairman of to the Buffalo Sewer Authority: the Attorney Grievance Committee; past Director of the Erie Rt. Reverend Monsignor John R. Gabalski County Bar Association Director & Chairman of the Buffalo/Erie Msgr. Gabalski's will commence immediately and expire County Convention Center, etc. June 30, 2001. Mr. Sullivan is filling the vacancy created by the resignation Herbert L._Bellamy Jr. of Hon. H. Buswell Roberts. His term commences immediately Mr. Bellamy's term will commence immediately and expire June and will expire September 4, 1999. 30, 2001. Olga Mendell Ph.D..710 Ashland Avenue.Buffalo 14222 I hereby certify that the above named individual is fully Olga Mendell is a graduate of Harvard University, qualified to serve as a member of the Buffalo Sewer Authority. Connecticut College and Universidad de Villanueva (Havana, REFERRED TO THE COMMITTEE ON LEGISLATION, THE Cuba). She is a Full Professor at D'Youville College. Ms. CORPORATION COUNSEL, DIVISION OF Mendell is very active in many community activities and also a COLLECTIONS AND THE COMPTROLLER. member in various civic and professional organizations. Olga Mendell's term commences immediately and NO.7 expires September 4, 2003. She will succeed Sister Denise APPOINTMENTOFMEMBERTOTHECITY Roche who asked not to be reappointed. PLANNINGBOARD REFERRED TO THE COMMITTEE ON LEGISLATION, THE Pursuant to the powers vested in me Section 316 of the CORPORATION COUNSEL ,DIVISION OF COLLECTIONS Charter of the City of Buffalo, I hereby appoint the following AND THE COMPTROLLER member to the City Planning Board: Henry L. Burns 47 Beard Ave. Buffalo, NY 14214 FROMTHECOMPTROLLER Mr. Burns' term will begin on October 9, 1998 and expires on October 9, 2001. NO.11 Mr. Burns is a lifelong resident of this area, a 1962 graduate CERTIFICATEOFNECESSITY of the University of Notre Dame with a BA in Economics and is TRANSFEROFFUNDS currently a vice-president of Merrill Lynch. has been active in COMMUNITYDEVELOPMENT-BONDFUNDS many community groups and educational institutions, including PUBLICWORKS-BONDFUNDS Medaille College, D'Youville College, Buffalo Seminary, We, Anthony M. Masiello, Mayor and Joel A. Giambra, Burchfield Art Center, St. Mark's and Sisters' Hospital. Comptroller, do hereby certify, pursuant to Section 42 of the I hereby certify that the above named individual is fully Charter, that it is necessary that the sum of $49,242.32 be qualified for reappointment to the City Planning Board. transferred and reappropriated from the Department of REFERRED TO THE COMMITTEE ON LEGISLATION, THE Community Development - Capital Projects Fund, as set forth CORPORATION COUNSEL, DIVISION OF COLLECTIONS below AND THE COMPTROLLER. The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal NO.8 year and will not be needed at this time for the purpose for APPOINTMENTOFMEMBERTOTHE which they were appropriated. BUFFALOWATERBOARD From: Pursuant to the powers vested in me Section 1048-F of the 202 Capital Projects Fund Title Two-B Article Five of the Public Authorization law, I 717 - Department of Community Development hereby appoint the following member to the Buffalo Water 003- Town Garden Plaza $49,242.32 Board: To: Charles L. McGriff 117 Lexinqton Ave. Buffalo 14222 202 Capital Projects Fund Mr. McGriff will fill the term of James Dentinger and 401 - Division of Engineering expire on December 31, 1999. Mr. McGriff attended the State 504 - Improvements to Town Garden Plaza (Jefferson Ave.) University College at Buffalo and Daemen College. He is $49,242.32 currently an E.E.O. Officer and was formerly a legislative Dated: Buffalo, NY July 28, 1998 assistant to the Buffalo Common Council. RECEIVED AND FILED I hereby certify that the above named individual is fully qualified for reappointment to the Buffalo Water Board. NO.12 REFERRED TO THE COMMITTEE ON LEGISLATION, THE INTERFUNDLOAN CORPORATION COUNSEL, DIVISION OF COLLECTIONS Over the last six years, the City has provided interfund loans AND THE COMPTROLLER. from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital NO.9 Improvements Budget. The interfund loans are repaid when APPOINTMENTOFMEMBERTOTHE the Bond Anticipation Notes or Bonds are issued to finance PESTMANAGEMENTBOARD these projects. Pursuant to the powers vested in me by the Code of the City As of today, we have two requests for money to finance of Buffalo, Chapter 6, Article VIL I hereby appoint James E. projects and we will not reenter the bond market at this time. Hornung, residing at 137 Winston Road, Buffalo, New York We are requesting that you approve interfund cash loan from 14216 for a term commencing September 22, 1998 and the General Fund to the City's Capital Projects Fund in the expiring September 22, 2000. Mr. Hornung is replacing Phillip amount of $700,000 for Neighborhood Development- Nasca, who has resigned. Demolition, $197,550 for Citywide Playground - Riverside Park Mr. Hornung has an associate degree in Applied Science. Phase 3. The loans will be repaid when Bond Anticipation He also has a New York State Pesticide License. At the Notes or Bonds are issued. present time he is Head Stadium Groundskeeper at North From To Account 100 General 200 Capital Projects 203-717-001 increase/decrease in retail sales, industry Repayment Date Total employment/unemployment and any specific references to BAN/Bond Sale $ 700,000 events that significantly influence the economy, such as new 100 General 200 Capital Projects 203-717-003 construction in the private sector, plant closings, etc. BAN/Bond Sale $ 197,550 "Major Initiatives" - Information on major initiatives or Mrs. LoTempio moved: programs that the City has undertaken or plans to undertake in That the above communication from the Comptroller dated the future in terms of economic, social or financial impact. This August 7, 1998, be received and filed; and includes current initiatives, including on-going projects and That the Comptroller be, and he hereby is authorized to make future or planned initiatives, and can also focus on the interfund cash loans from the General Fund to the City's government's service effects and accomplishments. Capital Projects Fund in the amount of $700,000 for To facilitate timely completion and filing of the CAFR, we Neighborhood Development-Demolition, $197,550 for Citywide request that you respond to the City Accountant, 1219 City Playground - Riverside Park Phase 3. The loans will be repaid Hall, no later than August 31, 1998 with updated language. when Bond Anticipation Notes or Bonds are issued. We are including an information sheet to assist you in Passed determining items to include and a copy of these sections from AYES-13. NOES-0 the prior year's CAFR (July 1, 1996 through June 30, 1997). Thank you for your continuing assistance in these matters. If NO.13 you have any questions or are unable to meet the cited INTERFUNDLOAN response date, please do not hesitate to contact the City Over the last six years, the City has provided interfund loans Accountant, James S. Pajak, at 851-5272. from the City General Fund to The City, Board and Enterprise RECEIVED AND FILED Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when NO.16 the Bond Anticipation Notes or Bonds are issued to finance ERIECOUNTYTAXDELINQUENCYNOTICES these projects. This is in response to your memo dated May 20, 1998 As of today, we have two requests for money to finance regarding the Erie County Tax Delinquency Notices for unpaid projects and we will not reenter the bond market at this time. Erie County Taxes summarized as follow: We are requesting that you approve interfund cash loan from Tax Year Tax (Face) the General Fund to the City's Capital Projects Fund in the 1996 $ 27,466.75 amount of $54,122 for Citywide Playground - J.H. Williams 1997 29,596.85 Park Improvements, $700,000 for Infrastructure Improvements 1998 26,944.31 - Main/LaSalle . The loans will be repaid when Bond Total Arrears Owing $ 84,007.91 Anticipation Notes or Bonds are issued. *plus accrued interest of 20.55% for the first year and an From To Account additional 18.00% for each year thereafter. 100 General 200 Capital Projects 203-717-003 Your memo suggests the City is responsible for payment of Repayment Date Total these taxes based on your interpretation of Section 626 of the BAN/Bond Sale $ 54,122 New York State Real Property Tax Law and the elections you 100 General 200 Capital Projects 203-717-004 made in your memo. BAN/Bond Sale $ 700,000 I referred your memo to our Corporation Counsel, who advises Mrs. LoTempio moved: the answer to the question of who is liable for payment can be That the above communication from the Comptroller dated found in "4 Op. Counsel S.B.E.A. No. 18." A reprint (see September 2, 1998, be received and filed; and attached) of the New York State Real Property Tax Law That the Comptroller be, and he hereby is authorized to make footnote number 6 (as reported by McKinney's) states interfund cash loans from the General Fund to the City, Board 6 - County or School Taxes and Enterprise Capital Projects Fund in the amount of $54,122 A deduction pursuant to this section [626] may be applied for Citywide Playground - J.H. Williams Park Improvements, only to city, town, or villages taxes for the current year and not $700,000 for Infrastructure Improvements - Main/LaSalle. The to county or school taxes. loans will be repaid when Bond Anticipation Notes or Bonds are REFERRED TO THE COMMITTEE ON FINANCE AND THE issued. CORPORATION COUNSEL Passed AYES-13, NOES-0 NO.17 REPORTOFAUDIT NO.14 DEPARTMENTOFPARKSANDHUMANRESOURCES AUDITEDFINANCIALSTATEMENTSAND DIVISIONOFPARKSANDRECREATION OTHERFINANCIALINFORMATION- In response to the directive requiring the Comptroller to file CITYOFBUFFALOENTERPRISEFUND-STADIUM audit reports with the Common Council, I hereby submit copies (NORTHAMERICAREPARK) of the Division of Parks and Recreation audit report for the This is to advise that copies of the Audited Financial period July 1, 1992 to June 30, 1997. Statements and Other Financial Information of the City of AUDIT SUMMATION Buffalo Enterprise Fund - North AmeriCare Park for the period It is our opinion that the current system of internal controls beginning April 1, 1997 and ending March 31, 1998 have been over cash receipts and Accounts Receivables is unsatisfactory. delivered to each to Councilmember, the Common Council For some reported revenue, we were unable to place Chief of Staff, the City Clerk, the Mayor and the Budget Office. substantial reliance on the accounting records. If immediate This report is available as a public record for inspection by all steps are not taken to improve the internal controls, there interested parties. remains the possibility of loss or theft of City funds. We Pursuant to Section 35 of the General Municipal Law, the believe that the immediate implementation of our Common Council of the City of Buffalo may, at its discretion, recommendations will strengthen these controls. prepare a written response to the report of external audit and REFERRED TO THE COMMITTEE ON FINANCE AND file such response with the City Clerk as a public record for HUMAN SERVICES, PARKS AND RECREATION inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE AND THE NO.18 BUFFALO NAVAL SERVICEMENS PARK INC. REPORTOFAUDIT CITYWIDEDEPARTMENTALDEPOSITS NO.15 In response to the directive requiring the Comptroller to file COMPREHENSIVEANNUALFINANCIALREPORT audit reports with the Common Council, I hereby submit copies JULY1,1987-JUNE30,1998 of the City-wide Departmental Deposits audit report We are currently assembling the City of Buffalo for the period July 14, 1998. Comprehensive Annual Financial Report (CAFR) for the fiscal Based on our audit, we recommend the following : period July 1, 1997 through June 30, 1998. The report must All personnel receiving money are to deposit all receipts provide specifics regarding the economic condition and outlook on a daily basis. and major initiatives of the City of Buffalo. · Revising the City Charter to mandate daily deposits of We respectfully request your assistance by responding in receipts. writing with information on any of the following areas as regards REFERRED TO THE COMMITTE ON FINANCE, THE the City or your department for the period July 1, 1997 through CORPORATION COUNSEL, THE COMMISSIONER OF June 30, 1998 only: COMMUNITY DEVELOPMENT AND THE COMMISSIONER "Economic Condition and Outlook” - Information on economic OF ADMINISTRATION AND FINANCE conditions that can affect the City's operations such as NO.19 In accordance with Article 27, Section 513 & 514 of the City REPORTOFAUDITDEPARTMENTOFCOMMUNITYCharter the purchaser has petitioned Supreme Court the DEVELOPMENTLICENSESFUNCTION appointment of two appraisers to establish the value of the In response to the directive requiring the Comptroller to file City's interest in the property. G.A.R. Associates has audit reports with the Common Council, I hereby submit copies estimated the fair market value of the subject property to be of the Department of Community Development, Licenses Twenty-Five Thousand Dollars ($25,000). The second Function, audit report for the period January 1, 1994 to appraisal was prepared by R. W. Bronstein Corp. and they December 31, 1997. have estimated the value of said property to be Fifteen Our performance audit of the Licenses Function has made Thousand Dollars ($15,000). Both appraisers have signed an several recommendations to management covering the affidavit of mutual consent to affix the sale price at the median following areas: figure of Twenty Thousand Dollars ($20,000). The Division of • Daily deposits of license fees. Real Estate concurs with the appraisers estimate of value. • Segregation and assignment of employee duties. I am recommending that Your Honorable Body approve the • Consistency of monthly bingo organization reports. sale of 19 Virgil to the Ivy Rose Housing Corp. in the amount of • Following New York State bingo regulations.• Explore the Twenty Thousand Dollars ($20,000). I am further use of credit card payments for license fees.REFERRED TO recommending that the Corporation Counsel prepare the THE COMMITTE ON FINANCE THE COMMISSIONER OF necessary documents for the transfer of title and that the Mayor COMMUNITY DEVELOPMENT AND be authorized to execute the same. THE COMMISSIONER OF ADMINISTRATION AND REFERRED TO THE COMMITTEE ON FINANCE FINANCE NO.22BULKSALEOFCITY'STAXLIENS NO.20ACQUISITIONOF248GIBSONNEWGIBSON Enclosed is a report dealing with the tabled item in the STREETPARKINGLOTATBROADWAYMARKET Finance Committee regarding bulk sale of our tax liens. The Department of Community Development has requested I have sent a complete report to each Councilmember under the Comptroller's Office, Division of Real Estate to negotiate a separate cover. sale price for the of acquisition of 248 & 252 Gibson Street. I look forward to discussing this concept with Your Honorable These properties are needed in conjunction with the proposed Body when you reconvene in September. construction of a 40 car parking lot across from the Broadway REFERRED TO THE COMMITTEE ON FINANCE Market for Save-A Lot. They have indicated that monies for this acquisition are available in Bond Fund Account #200-717-NO.23 015. NEWYORKSTATE,DEPT.OFTRANSPORTATION- The subject property consists a vacant lot 33'x 110' or 3,630 TEMPORARYEASEMENTFORMAPNO.4,PARCELNOS. square feet more or less and zoned C-3. Two independent 5&6 appraisers were Commissioned by the Department of ANDACQUISITIONOFPARCELNOS.7&8,MAPNO.5 Community Development to establish the fair market value of The Comptroller's Office, Division of Real Estate, has the property. Mr. Howard Schultz, Appraiser has estimated the received a notice of Acquisition and Offer from the New York fair market value of 248 Gibson Street to be Three Thousand State Department of Transportation, to acquire property and Four Hundred Dollars ($3,400.00). The second appraisal was temporary easements for the replacement of the Southside prepared by Mr. William Kushman of Kushman Appraisal Parkway Bridge. The following city owned properties are Services and in conclusion support the value estimated by Mr. involved in this project: Howard Schultz in the amount of Three Thousand Four Map No. Parcel No. Area Hundred Dollars ($3,400.00). 4 (Temporary Easement) 5 17,307.3 plus or minus sq. ft. The Comptroller's Office, Division of Real Estate has 4 (Temporary Easement) 6 17,693.7 plus or minus sq. ft. received a letter from Mr. Thomas A. Deuschle, Attorney, on 5 7 6,535.8 plus or minus sq. ft. behalf of the owner of 248 Gibson, Mr. Peter Krestos. Mr. 5 8 2,223.8 plus or minus sq. ft. Deuschle has indicated that his client paid Three Thousand The total area of proposed temporary easements is 35,001 Seven Hundred and Fifty Dollar's ($3,750) for the subject plus or minus sq. ft. and the total area of acquisition is 8,759.6 property on August 16, 1984. He then had the building plus or minus sq. ft. The offer of settlement is $3,400.00 for demolished in 1985 at a cost of $5,500, so that he could use the temporary easements (rental value) on Map No. 4, Parcels the land for a parking area for his restaurant. In addition, Mr. 5 & 6 and $1,600.00 for the acquisition on Map 5, Parcels 7 & Krestos has paid his taxes for fourteen years. Mr. Deuschle is 8 for a total cost of $5,000 in reference to the Southside requesting that the City accept his counter-offer of Fifteen Parkway Bridge. Thousand Dollars ($15,000.00). I am recommending that Your Honorable Body approve the It is the opinion of this office, based on subsequent offer of $5,000 from the New York State Department of information that the City accept this counter-offer of Fifteen Transportation. I am further recommending that the Thousand Dollars, ($15,000.00) rather than go through Corporation Counsel review the Offer and Agreement, and if condemnation proceedings. This office is recommending that acceptable, that the Mayor be authorized to execute the same. Your Honorable Body approve Mr. Deuschle's counter-offer of REFERRED TO THE COMMITTEE ON FINANCE AND THE Fifteen Thousand Dollars ($15,000.00) for the acquisition of CORPORATION COUNSEL 248 Gibson Street. I am further recommending that the Corporation CounseI prepare the necessary documents for the NO.24 acquisition of the property and that the Mayor be authorized to NEWYORKSTATE,DEPT.OFTRANSPORTATION execute the same. ACQUISITION-MAPNO.9,PARCELNOS.9,10,11&12 Mrs. LoTempio moved: ANDTEMPORARYEASEMENT-MAP10,PARCELNOS. That the above communication from the Comptroller dated 13&4 August 27, 1998, be received and filed; and The Comptroller's Office, Division of Real Estate, has That the counter-offer from Thomas A, Deuschle, Attorney, received a notice of Acquisition and Offer from the New York on behalf of the owner of 248 Gibson, Mr. Peter Krestos, in the State Department of Transportation, to acquire property and sum of Fifteen Thousand Dollars ($15,000.00) for the temporary easements for the replacement of the Stevenson acquisition of 248 Gibson Street, be and hereby is accepted; Street Bridge. The following city owned properties are involved and in this project: That the Corporation Counsel be authorized to prepare the Map No. Parcel No. Area necessary documents for the acquisition of 248 Gibson Street 9 9 338 plus or minus sq. ft. and that the Mayor be authorized to execute the same, in 9 10 317.5 plus or minus sq. ft. accordance with the terms of sale upon which the offer was 9 11 381 plus or minus sq. ft. submitted. 9 12 363.8 plus or minus sq. ft. Passed. 10 (Temporary Easement) 13 13,123.3 plus or minus sq. ft. AYES-13, NOES-0 10 (Temporary Easement) 14 13,177.2 plus or minus sq. ft. The total area of proposed acquisition is $1,400.3 plus or NO.21 minus sq. ft. and the total area for the temporary easements is RESULTSOFNEGOTIATIONSFORTHEABANDONMENT26,300.5 plus or minus sq. ft. The offer of settlement is ANDSALEOF19VIRGIL $150.00 for the acquisition of land and on Map 9, Parcel Nos. ITEM#10,C.C.P.5/26/98 9, 10, 11 & 12 and $525.00 for the temporary easements In the above referenced item Your Honorable Body (rental value) on Map No. 10, Parcels 13 & 14 for a total cost of authorized the Comptroller's Office, Division of Real Estate, to $675.00 in reference to the Stevenson Street Bridge. negotiate with Ivy Rose Housing Corporation, for the I am recommending that Your Honorable Body approve the abandonment and sale of 19 Virgil. offer of $675.00 from the New York State Department of Transportation. I am further recommending that the 031 - Towing & Storage Corporation Counsel review the Offer and Agreement, and if 550 - Rental - Equipment, Buildings, Land $52,000 acceptable, that the Mayor be authorized to execute the same. 21 -0 Department of Fire REFERRRED TO THE COMMITTEE ON FINANCE AND 032 - Servicing Automotive Equipment 523 - Repairs to THE CORPORATION COUNSEL Equipment & Machinery $150,000 Dated: Buffalo, NY, September 4, 1998 NO.25 RECEIVED AND FILED CERTIFICATEOFAPPOINTMENT Appointment Effective: AUGUST 31,1998 in the Department NO.31 of Division of to the Position of 04-0 audit & control data CERTIFICATEOFNECESSITY processing sysems administration, Permanent, promotion,at TRANSFEROFFUNDS the fifth step, Starting Salary of: $45,979THOMAS DIVISIONOFBUDGETANDMANAGEMENT CAVARETTA, 88 MARIEMONT AVE, BFLO, NY 14220 DIVISIONOFENGINEERING NO.26 We, Anthony M. Masiello, Mayor and Joel A. Giambra, CERTIFICATEOFAPPOINTMENT Comptroller, do her certify, pursuant to Section 42 of the Appointment effective: in the department of 04-0audit & controlCharter, that it is necessary that the sum of $58,700 be Division of Data Processing to the position of july 7, 1998data transferred and reappropriated from the Division of Budget and processingsysems analyst,provisional,promotion , fifth stepManagement, as forth below: ,starting salary of$42,302. From: Maria Hejna 254 Pennsylvania ,Buffalo, New York 14201 200 Capital Project Fund 061 - Division of Budget and Management NO.27 00 I -Planning for Capital Projects $58,700 CERTIFICATEOFAPPOINTMENT To: Appointment Effective: AUGUST 10, 1998 in the Department 200 Capital Project Fund of 04-0 AUDIT & CONTROL Division of DATA PROCESSING 401 - Division of Engineering to the Position of SYSTEMS ANALYST, TEMPORARY, 532 - Erie Basin Marina (design phase) $58,700 PROMOTION, FOURTH STEPStarting Salary of: $40,675, Dated: Buffalo, NY, August 19, 1998 MICHAEL KUJAWSKI 461 DARTMOUTH AVE 14215 RECEIVED AND FILED NO.28 NO.32 CERTIFICATEOFAPPOINTMENT CERTIFICATEOFNECESSITY Appointment Effective: AUGUST 10, 1998 in the Department TRANSFEROFFUNDS of 04-0 AUDIT & CONTROL Division of DATA HUMANSERVICES,PARKS&RECREATION PROCESSING to the Position of COMPUTER MAYORANDEXECUTIVE PROGRAMMER, TEMPORARY, APPOINTMENT We, Anthony M. Masiello, Mayor and Joel A. Giambra, THIRD STEP $36,162 Comptroller, do hereby certify, pursuant to Section 42 of the CATHERINE N. BARTON 232 WEIMAR STREET Charter, that it is necessary that the sum of $20,480 be BUFFALO, NEW YORK 14206 transferred and reappropriated from Human Services, Parks & Recreation, as set forth below: NO.29 From: CERTIFICATEOFNECESSILY 100 General Fund DECREASEDAPPROPRIATION 50 - Department of Human Services, Parks & Recreation DEPARTMENTOFFIRE 2 - Division of Recreation RESERVEFORCAPITALAPPROPRIATIONS 011 - Recreational Facilities & Activities We, Anthony M. Masiello, Mayor and Joel A. Giambra, 598 - Freeze $20,480 Comptroller, do hereby certify pursuant to Section 41 of the To: Charter, that a decrease in the sum of $50,000 in the estimates 100 General Fund for the fiscal year beginning July 1, 1998 is possible in 03 - Mayor and Executive Department Appropriation Allotments - Department of Fire - Exempt Items 0 - Executive because another method has been used to purchase the 00 I - Executive Function equipment for which the appropriation was intended. The 580 - Non-professional Personal Services $20,480 amount of decreased appropriation will be reserved in 100-890-Dated: Buffalo, NY, August 21, 1998 050 - Reserve for Capital Appropriations to be available for RECEVIED AND FILED unforeseen necessities. The detail of the requirements are set forth below: NO.33 From: CERTIFICATEOFNECESSITY 100 General Fund TRANSFEROFFUNDS 1-0 Department of Fire ENTERPRISEFUND-REFUSE&RECYCLING 085 - Capital Outlay We, Anthony M. Masiello, Mayor and Joel A. Giambra, 982 - Operating Equipment & Furnishings Comptroller, do hereby certify, pursuant to Section 42 of the Radio Equipment $50,000 Charter, that it is necessary that the sum of $295,000 be To: transferred and reappropriated within Enterprise Fund Refuse 100 General Fund & Recycling, as set forth below: 890 - 050 Reserve for Capital Appropriations From: $50,000 450 - Enterprise Fund - Refuse & Recycling Dated: Buffalo, NY, September 4, 1998 70 - Department of Street Sanitation RECEIVED AND FILED 1 - Solid Waste & Recycling 011 - Collection of Refuse & Recycling NO.30 554 - Lease of Buildings, Equipment & Land $295,000 CERTIFICATEOFNECESSITV To: TRANSFEROFFUNDS 450 - Enterprise Fund - Refuse & Recycling GENERALCITYCHARGES 70 - Department of Street Sanitation VARIOUSDEPARTMENTS 1 - Solid Waste & Recycling We, Anthony M. Masiello, Mayor and Joel A. Giambra, 085 - Capital Outlay Comptroller, do hereby certify, pursuant to Section 42 of the 982 - Operating Equipment Charter, that it is necessary that the sum of $202,000 be Excavator with Grapple $175,000 transferred and reappropriated from General City Charges, as Tractor Trailers 120,000 set forth below: Dated: Buffalo, NY,September 2, 1998 From: RECEIVED AND FILED I00 General Fund 81 - General City Charges NO.34 3 - Fringe Benefits CERTIFICATEOFNECESSITY 151 - NYS Police & Fire Retirement System $202,000 CAPITALBUDGETAMENDMENT To: AUTHORIZATIONFORADDITIONALCAPITAL 100 General Fund INDEBTEDNESS 06 - Department of Administration & Finance We, Anthony M. Masiello, Mayor and Joel A. Giambra, 4 - Division of Parking Enforcement Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in two sides as well. indebtedness for Capital Projects Program, provided by the In seeking a workable approach to resolving these issues I Common Council prior to July 1, 1998 for the ensuing fiscal am appointing the following individuals to a Special Committee year, by adding the following item: on the Study of Municipalization of Electrical Services in 200 Capital Projects Buffalo: 402 Division of Buildings 1) Council Members - Alfred T. Coppola, Chairman Construction of the Peter Machnica Community Center David A. Franczyk $1,000,000 Rosemarie LoTempio Dated: Buffalo, NY,September 4, 1998 Beverly Gray RECEIVED AND FILED Kevin J. Helfer 2) Commissioner of Public Works - Joseph N. Giambra NO.35 3) Chief Steward for Local 97/l.B..E.W. - Charles Wilson CERTIFICATEOFNECESSITY 4) President, AFL-CIO Council John J. Kaczorowski TRANSFEROFFUNDS 5) Buffalo Niagara Partnership Elizabeth Pojolas COMMONCOUNCIL-CITYCLERK 6) Niagara Mohawk - Alan West We, Anthony M. Masiello, Mayor and Joel A. Giambra, Mrs LoTempio moved: Comptroller, do hereby certify, pursuant to Section 42 of the That the above communication from the Council President Charter, that it is necessary that the sum of $10,233 be dated September 2, 1998, be received and filed; and transferred and reappropriated within the Division of City Clerk, That the appointment of members to a Special Committee on as set forth below: the Study of Municipalization of Electrical Services in Buffalo, From: of Councilmember Alfred T. Coppola as Chairman, of 100 General Fund Councilmembers, David A. Franczyk, Rosemarie LoTempio, 01 - Common Council Beverly Gray, Kevin J. Helfer, Joseph N. Giambra, 1 - City Clerk Commissioner of Public Works, Charles Wilson, Chief 001 - City Clerk Steward for Local 97/I.B.E.W., John J. Kaczorowski, 580 - Non-Professional Personal Services $10,233 President, AFL-CIO Council, Elizabeth Pojolas, Buffalo To: Niagara Partnership and Alan West, of Niagara Mohawk, be 100 General Fund and they hereby are approved. 01 - Common Council Adopted. 1 - City Clerk 002 - Office of Telecommunications NO.38 110 – Salaries - Regular $10,233 ADELPHIA/TCIMERGER Dated: Buffalo, NY, August 27, 1998 Attached is a final and 3 copies of all pertinent documents for RECEIVED AND FILED the Adelphia, TCI merger. In a transmittal letter from Laurence Rubin you will find a FROMTHEPRESIDENTOFTHECOUNCIL listing of such documents. Please forward appropriate copies to the Corporation NO.36 Counsel, Comptroller, Commissioner of Administration and APPOINTMENTTOBOARDOFDIRECTORSJOHNNIEB.Finance and Common Council. WILEYSPORTSFACILITY RECEIVED AND FILED I am appointing Mr. Cedric Holloway to the Johnnie B. Wiley Sports Facility Board of Directors. Mr. Holloway is presently a NO.39 Buffalo Police Officer assigned to Precinct # 12. TCI/PAMASSOS/CITYCABLEFRANCHISEAGREEMENT Office Holloway is a Martial Arts Instructor to at risk youth Enclosed please find the following documents:1 Original copy and a Self Defense Instructor to other police, corrections of Transfer Agreement executed by M, Pamassos and the City; officers and probation officers. He attended Howard University 2. Original signed Performance Bond; 3. Original signed and the S.U.N.Y.A.B. holding a B.A. Degree in Legal Studies. Construction Bond; Officer Holloway is involved with the City's Weed and Seed 4. Original signed Insurance Certificate; Program and the Original signed Release of BCTV; 5. African American Police Association. 6. Copies of the checks delivered to the City Comptroller's It is my view that Officer Holloway would be an excellent Office on July 31, 1998; and addition to the Board. 7. Copy of the City's receipt for the equipment delivered on Cedric Holloway 280 Summer Street, Apt. #10 July 31, 1998. Buffalo, New York 14222 (716) 885-0178 The Performance Bond and the Construction Bond need to be Mrs. LoTempio moved: signed by the City and a copy needs to be returned to Athena That the above communication from the Council President Jamesson, Esq. as per the enclosed letter. dated August 14, 1998, be received and filed; and The City needs to work with Parnassos, L.P. regarding filing That the Common Council does hereby recommend Cedric the Transfer Agreement with the New York Public Service Holloway, residing at 280 Summer Street, Apt. #10, as a Commission ("PSC") and obtaining the PSC's approval of the member of the Board of Directors of the Johnnie B. Wiley modification of the Franchise Agreement provided for therein. Sports Facility pursuant to Section 109-v of the Charter of the This process should be started immediately. City of Buffalo. Please call me if you have any questions regarding this matter. Adopted. We thank you for the opportunity to assist the City in this important matter. NO.37 RECEIVED AND FILED APPOINTMENTSTOASPECIALCOMMITTEEONTHE STUDYOFMUNICIPALIZATIONOFELECTRICAL NO.40 SERVICESINBUFFALO WAIVETENTFEEFORFLEETWATERFEST The debate involving the proposed municipalization of I am requesting that the Common Council waive the tent fee Niagara Mohawk Power Company has spawned two differing for the Waterfest which was held August 29 and August views. Proponents have posed a compelling case because of 30,1998. the increase in rates and high cost of power and its negative This action is obviously retroactive because of the Common affect on the local economy. Opponents have posed issues of Council's August recess. extreme costs to the City which would make it infeasible to take I have spoken with Mr. David Granville and Commissioner over Niagara Mohawk's facilities. These costs including the Cornelius Keane and both are in agreement with this action as inability to manage properly the system and delivery of services long as the tents are certifiably flame resistant. renders municipalization as a lost leader. Fleet Waterfest is a not for profit family oriented festival As it stands, mandated deregulation of the power industry endeavoring to become an annual festival similar,to Allentown and proposed programs such as "Power Choice" have forced and the Taste of Buffalo. upon the City of Buffalo a need to develop a plan on how best All other city fees and permits have been accounted for. to contract for services. Given the changes, beginning this Mrs. LoTempio moved: year, no one will dispute the City's need to conduct a study to That the above communication from the Council President spell out its options and then decide a proper course of action. dated August 13, 1998, be received and filed; and Both sides agree that a study should be conducted. However, That the tent fee for the Fleet Waterfest held on August 29 should this study happen as a result of a mandatory and August 30, 1998 be waived retroactively. referendum or can it be done as an action of the Common Passed Council? This question is the great divide which separates the AYES-13, NOES REFERRED TO THE COMMITTEE ON FINANCE NO.41 ENGROSSEDCOPYOFINMEMORIAMFOR NO.46 REV.A.CHARLESWARE PAYMENTINLIEUOFTAXESPILOTPOLICYITEM#78, The Common Council approved a resolution at its July 21, C.C.P.07/21/98 1998 meeting which provided that an engrossed copy be given The above item has been referred to this office for comment. as an In Memoriam for the Rev. A. Charles Ware. This department in conjunction with the City of Buffalo's The resolution authorized $125.00. However, the Final tally is Community Development and Corporation Counsel and Erie $160.00. Please request the Comptroller to remit the additional County's Department of Environment and Planning over the amount. course of many months developed the plan before you. Given Mrs. LoTempio moved: that this is a first attempt at a uniform policy for future non-IDA That the above communication from the Council President, PILOT agreements it will be most important that all parties be received and filed; and understand fully the requirements and comply to the fullest That the Comptroller be, and he hereby is authorized to pay extent. It will also be incumbent on the various City and County $160.00 instead of $125.00 as previously reported on July 21, offices to closely oversee each stage of the process with each 1998 for engrossed copy of In Memoriam for Rev. A. Charles project to guarantee that the results we are aspiring to with this Ware. process are achieved. It would be disastrous to the City if this PASSEDAYES-13, NOES-0 policy were to deteriorate into a hollow shadow of what we are capable of accomplishing through diligent and proper NO.42 administration of this program. C.MICHAUXCERTIFICATIONASREGISTERED I would recommend therefore, that the PILOT program be MUNICIPALCLERK viewed as a 'pilot project" that will be thoroughly reviewed within I have received notification from J. Tim Rice, Chairperson of a particular time frame, for instance five (5) years to determine the New York State Association of City and Village Clerks that if the benefits to the City and the community are such as to our City Clerk, Charles L. Michaux, III has been awarded warrant continuation of the program. As applications are Certification as a Registered Municipal Clerk received and reviewed, practical circumstances and questions This prestigious award is granted only after achieving the may arise requiring modification of the proposed guidelines. highest educational, experience and participation standards Within a five year period it may become evident that minor or established by the New York State Association of City and even major revisions are needed to make this program truly Village Clerks. responsive to the needs of low income housing. It is therefore Indeed, this tremendous professional achievement by Mr. imperative to establish this program but to allow for periodic Michaux is to be congratulated by the Common Council. review of its value, effectiveness and requirements. RECEIVED AND FILED With regards to the actual specifics of the plan before your Honorable Body, it is important that the City maintain some NO.43 leverage and enforcement strength to guarantee compliance TAYLORLAWIMPASSECOMMITTEEINTOLOCAL650with the terms of the program in each and every PILOT. The DENTALPLAN feasibility of the project and ability of the sponsors to proceed The Taylor Law Impasse Committee was able to resolve the must be thoroughly reviewed. Five year plans must be studied impasse filed by Local 650 in April 1998 against the City of to determine if they are truly attainable. Audited financial Buffalo (city), oil the Union's Dental Plan by generating a records need to be carefully reviewed and any and all concerns voluntary settlement. This Memorandum of Understanding was must be raised and addressed within a reasonable time frame. filed and approved at the Common Council meeting held July REFERRED TO THE COMMITTEE ON FINANCE 21, 1998. While the action taken by the Council is resultant to what has NO.47 been termed a voluntary settlement it does not supersede or AWARDINGOFCONTRACTREASSESSMENTPROJECT diminish the procedures prescribed by the City Charter. This item is being filed to advise your Honorable Body that The agreement nonetheless was and could only be settled after much effort and consideration a Contractor has been through the Committee and Common Council auspices. engaged to conduct a citywide reassessment of real property to I would like all of the remaining items pertaining to this matter be completed for the Tentative Assessment Roll issued received and riled at the first September Council meeting. December 1, 2000. RECEIVED AND FILED The Department of Assessment, working in conjunction with the New York State Office of Real Property Services (ORPS), FROMTHECOMMISSIONEROFASSESSMENT formulated a Request for Proposal (RFP) that was issued on June 12, 1998. Initially six companies expressed an interest in NO.44 this project but only four actually submitted Proposals. CERTIORARIPROCEEDINGS461HEWITT Many factors, both tangible and intangible, had to be This is to advise that the owner, Nabih Tablie instituted considered in reviewing the submitted proposals. The pluses certiorari proceeds on 461 Hewitt, Buffalo, New York regarding and minuses of each contractor and proposal were weighed the assessment for fiscal year 1998-99. The assessment was and balanced against the overall product and the needs of the reviewed by the Department and the owner expressed a City. After careful consideration GAR Associates, Inc, 2399 willingness to settle the proceeding. Sweet Home Road, Amherst, New York 14228, has been The final assessment for fiscal year 1998-99 was $53,000. chosen to conduct the reassessment project. This contractor The owner is agreeable to a settlement which would result in a is a local company with the expertise necessary to perform a reduction to $30,000 on 461 Hewitt, The 1998-99 city taxes project of this size and importance. GAR Associates, Inc has would be reduced from $969.54 to $548.80, a reduction of provided the City in the past with invaluable professional $420.74. Since the 1998-99 taxes are currently unpaid, no services relative to assessment challenges and appraisal refund would be necessary. questions. I have every confidence that this project will be Based on a review of the current market value of the conducted in the same professional manner with the same high property, I feel this settlement would be in the best interest of standards exhibited in their previous work. the City. I recommend this settlement, in which the REFERRED TO THE COMMITTEE ON FINANCE Department of Law concurs. The proposed settlement is subject to approval by Your FROMTHECOMMISSIONEROFPUBLICWORKS Honorable Body. I therefore, request that the Corporation Counsel be authorized to settle the 1998-99 certiorari NO.48 proceeding on 461 Hewitt by reducing the assessment from NOTIFICATIONSERIAL#9052I $53,000 to $30,000. NSTALLNOSTANDINGONVIRGINIASTREET,NORTH REFERRED TO THE COMMITTEE ON FINANCE SIDEFROMELNWOODAVENUETOAPOINT135'WEST THEREFROM NO.45 In conformity with Section 49 of Chapter 479 of the TAXCANCELLATION1998-99 Ordinances of the City of Buffalo, the City Engineer hereby Adjustments on the General city Tax for 1998-99 were made notifies Your Honorable Body of this action supplementing, on the following properties (list attached) to provide for changes amending, or repealing existing provisions of Chapter 479 of due to omitted or incorrect exemptions and assessment errors. the Ordinances, as stated below, to be effective forty five days 1. Therefore, request that a warrant be drawn on 81-2 after the first Council meeting at which they appear on the General City Charges, 000-00-802 Tax Adjustment Fund, in agenda as an item business. favor of the City for the taxes indicated on the attached list in That that part of Subdivision 22 Section 15 of Chapter 479 of the amount of $302,716.62. Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING conformity with Section 49 of Chapter 479 of the Ordinances of PROHIBITED PORTION OF HIGHWAY PROHIBITED the City of Buffalo, the City Engineer hereby notifies Your PERIOD Honorable Body of this action supplementing, amending, or Virginia Street, north side at all times repealing existing provisions of Chapter 479 of the Ordinances, from Elmwood Avenue as stated below, to be effective forty five days after the first to a point 135' west therefrom Council meeting at which they appear on the agenda as an item This action is being taken in order to conform to New York business. State guidelines regarding standing or parking within a That that part of Subdivision 24 Section 15 of Chapter 479 of specified distance of a firehouse driveway. Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING NOTIFICATIONSERIAL#9053REPEALALTERNATEPROHIBITED PORTION OF HIGHWAY PROHIBITED PARKING-TYPEIHARTWELLROADBETWEENVIRGILPERIOD AVENUEANDDELAWAREAVENUE In conformity with Section 49 of Chapter 479 of the Hopkins Street, East side 9:00 a.m. - 4:00 p.m. Ordinances of the City of Buffalo, the City Engineer hereby between South Park Avenue Thursday, Friday notifies Your Honorable Body of this action supplementing, and Tifft StreetExcluding existing No Parking and No Standing amending, or repealing existing provisions of Chapter 479 of areasHopkins Street, West side 9:00 a.m. - 4:00 the Ordinances, as stated below, to be effective forty five days p.m. after the first Council meeting at which they appear on the between South Park Avenue Mon, Tues, Wed agenda as an item business. and Tifft Street That that part of Subdivision 24 Section 15 of Chapter 479 of Excluding existing No Parking and No Standing areas Ordinances of the City of Buffalo be supplemented by repealing This action is being taken to update our records and provide therefrom the following: NO PARKING consistency with existing field conditions. PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD NOTIFICATIONSERIAL#9057 Hartwell Road, north side 4:00 p.m. Wednesday to NOSTANDING-REPEALONGIBSONSTREET,EAST between Virgil Avenue 4:00 p.m. Sunday and Delaware Avenue SIDEBETWEENBROADWAY Hartwell Road, south side 4.00 p.m. Sunday to ANDTHESOUTHPROPERTYLINEOFTHEMARKET between Virgil Avenue 4:00 p.m. Wednesday and Delaware RAMP Avenue N0 STANDING - REPEAL This action is being taken at the request of the residents of In conformity with Section 49 of Chapter 479 of the Hartwell Road. Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, NOTIFICATIONSERIAL#9054INSTALLALTERNATEamending, or repealing existing provisions of Chapter 479 of PARKING-TYPEIIHARTWELLROADBETWEENVIRGILthe Ordinances, as stated below, to be effective forty five days AVENUEANDDELAWAREAVENUE after the first Council meeting at which they appear on the NO PARKING (ALTERNATE - TYPE 11) - INSTALL agenda as an item business. In conformity with Section 49 of Chapter 479 of the That that part of Subdivision 22 Section 15Chapter 479 of of Ordinances of the City of Buffalo, the City Engineer hereby Ordinances of the City of Buffalo be supplemented by repealing notifies Your Honorable Body of this action supplementing, therefrom the following: NO STANDING amending, or repealing existing provisions of Chapter 479 of PROHIBITED PORTION OF HIGHWAY PROHIBITED the Ordinances, as stated below, to be effective forty five days PERIOD - DAILY after the first Council meeting at which they appear on the Gibson Street, east side 6:00 a.m.-10:00a.m. agenda as an item business. between Broadway except Sunday and the south property line That that part of Subdivision 24 Section 15 of Chapter 479 of of the market ramp Ordinances of the City of Buffalo be supplemented by adding This action is being taken to install a No Parking area at the thereto the following: NO PARKING request of the District Councilmember and Community PROHIBITED PORTION OF HIGHWAY PROHIBITED Development in conjunction with the opening of the SAVE-A- PERIOD LOT market in the Broadway Market. Hartwell Road, north side 9:00 a.m. - 4:00 p.m. (see next 3 serials) between Virgil Avenue Thursday, Friday and Delaware Avenue Hartwell Road, south side 9:00 a.m. - 4:00 p.m. NOTIFICATIONSERIAL#9058 between Virgil Avenue Monday, Tuesday, Wednesday and NOSTANDING-REPEALONGIBSONSTREET,EAST Delaware Avenue SIDEBETWEENBROADWAY This action is being taken at the request of the residents of ANDTHESOUTHPROPERTYLINEOFTHEMARKET Hartwell Road. RAMP NO STANDING - REPEAL NOTIFICATIONSERIAL#9055INSTALLNOSTANDINGON In conformity with Section 49 of Chapter 479 of the HOPKINSSTREET,EASTSIDE Ordinances of the City of Buffalo, the City Engineer hereby FROMTIFFTSTREETTOAPOINT250'NORTH notifies Your Honorable Body of this action supplementing, THEREFROM. amending, or repealing existing provisions of Chapter 479 of In conformity with Section 49 of Chapter 479 of the the Ordinances, as stated below, to be effective forty five days Ordinances of the City of Buffalo, the City Engineer hereby after the first Council meeting at which they appear on the notifies Your Honorable Body of this action supplementing, agenda as an item business. amending, or repealing existing provisions of Chapter 479 of That that part of Subdivision 22 Section 15 of Chapter 479 of the Ordinances, as stated below, to be effective forty five days Ordinances of the City of Buffalo be supplemented by repealing after the first Council meeting at which they appear on the therefrom the following: NO STANDING agenda as an item business. PROHIBITED PORTION OF HIGHWAY PROHIBITED That that part of Subdivision 22 Section 15 of Chapter 479 of PERIOD - DAILY Ordinances of the City of Buffalo be supplemented by adding Gibson Street, cast side 10:00 a.m.-6:00a.m. thereto the following: NO STANDING between Broadway except Sunday and the south property line PROHIBITED PORTION OF HIGHWAY PROHIBITED of the market ramp PERIOD This action is being taken to install a No Parking area at the Install No Standing At all times request of the District Councilmember and Community on Hopkins Street, East side Development in conjunction with the opening of the SAVE-A- between Tifft Street LOT market in the Broadway Market. and a point 250' north therefrom. (see previous and next 2 serials) This "No Standing" zone is being placed on the East Side of NOTIFICATIONSERIAL#9059 Hopkins Street along its' widened portion at Tifft Street. It will REPEALHANDICAPPEDPARKINGGIBSONSTREET, allow for the safer, more efficient movement of pedestrians and EASTSIDEBETWEENPOINTS185FEETAND250FEET vehicles though the intersection. No viable on - street parking SOUTHOFBROADWAY is effected. HANDICAPPED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the NOTIFICATIONSERIAL#9056INSTALLALTERNATE Ordinances of the City of Buffalo, the City Engineer hereby PARKING-TYPEONHOPKINSSTREETBETWEEN notifies Your Honorable Body of this action supplementing, SOUTHPARKAVENUEANDTIFFTSTREET amending, or repealing existing provisions of Chapter 479 of NO PARKING (ALTERNATE - TYPE II) - INSTALL In the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the Council meeting at which they appear on the agenda as an item agenda as an item business. business. That that part of Subdivision 26 Section 15 of Chapter 479 of That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing Ordinances of the City of Buffalo be supplemented by adding therefrom the following: thereto HANDICAPPED PARKING the following: HANDICAPPED PARKINGHANDICAPPED HANDICAPPED PARKING LOCATION PERIOD OF PARKING LOCATIONGibson Street, east side HANDICAPPED PARKING From a point 25 feet south of Broadway Gibson Street, east side at all times To a point 95 feet south of Broadway between points 185 feet and 250 feet south of Broadway PERIOD OF HANDICAPPED PARKING This action is being taken to install a No Parking area at the at all times request of the District Councilmember and Community This action is being taken in order to update our records to Development in conjunction with the opening of the SAVE-A-reflect current field conditions.(see previous serial) LOT market in the Broadway Market. (see previous 2 and next serial) NOTIFICATIONSERIAL#9063 TRAFFICCONTROLSIGNAL-REPEAL NOTIFICATIONSERIAL#9060 ONTARIOSTREETATRIVERSIDEAVENUE INSTALLNOPARKING TRAFFIC CONTROL SIGNAL - REPEAL ONGIBSONSTREET,EASTSIDE I FROMAPOINT160FEETSOUTHOFBROADWAY In conformity with Section 49 of Chapter 479 of the Ordinances TOAPOINT400FEETSOUTHOFBROADWAY of the City of Buffalo, the City Engineer hereby notifies Your NO PARKING -INSTALL Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, In conformity with Section 49 of Chapter 479 of the Ordinances as stated below, to be effective forty five days after the first of the City of Buffalo, the City Engineer hereby notifies Your Council meeting at which they appear on the agenda as an item Honorable Body of this action supplementing, amending, or business. repealing existing provisions of Chapter 479 of the Ordinances, That that part of Section 36 of Chapter 479 of Ordinances of as stated below, to be effective forty five days after the first the City of Buffalo be supplemented by repealing therefrom the Council meeting at which they appear on the agenda as an item following: business. TRAFFIC CONTROL SIGNAL That that part of Subdivision 24 Section 15 of Chapter 479 of INTERSECTION OF Ordinances of the City of Buffalo be supplemented by adding Ontario Street at Riverside Avenue thereto the This action is being taken as part of a Federally funded following: NO PARKING Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system PROHIBITED PORTION OF HIGHWAY PROHIBITED along Ontario Street between Niagara/Tonawanda Streets and PERIOD Skillen Street. As part of the CMAQ program, all existing Gibson Street, east side at all times intersections contained in the project area must be analyzed From a point 160 feet south of Broadway according to Federal and State standards. This analysis must To a point 400 feet south of Broadway be performed to determine if new signals are needed and/or if This action is being taken to install a No Parking area at the current signalized intersections meet Federal/State warrants for request of the District Councilmember and Community the continued need of a traffic signal. This signal does not Development in conjunction with the opening of the SAVE-A-meet any of the current Federal and State warrants for its LOT market in the Broadway Market. continued operation and, therefore should be removed. (see previous 3 serials) NOTIFICATIONSERIAL#9064 NOTIFICATIONSERIAL#9061 TRAFFICCONTROLSIGNAL-REPEAL REPEALHANDICAPPEDPARKING ONTARIOSTREETATCHADDUCKAVENUE GIBSONSTREET,EASTSIDE FROMAPOINT25FEETSOUTHOFBROADWAY TRAFFIC CONTROL SIGNAL - REPEAL TOAPOINT50FEETSOUTHTHEREFROM In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby HANDICAPPED PARKING - REPEAL notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of In conformity with Section 49 of Chapter 479 of the Ordinances the Ordinances, as stated below, to be effective forty five days of the City of Buffalo, the City Engineer hereby notifies Your after the first Council meeting at which they appear on the Honorable Body of this action supplementing, amending, or agenda as an item business. repealing existing provisions of Chapter 479 of the Ordinances, That that part of Section 36 of Chapter 479 of Ordinances of as stated below, to be effective forty five days after the first the City of Buffalo be supplemented by repealing therefrom the Council meeting at which they appear on the agenda as an item following: business. TRAFFIC CONTROL SIGNAL That that part of Subdivision 26 Section 15 of Chapter 479 of INTERSECTION OF Ordinances of the City of Buffalo be supplemented by repealing Ontario Street at Chadduck Avenue therefrom the following: HANDICAPPED PARKING This action is being taken as part of a Federally funded HANDICAPPED PARKING LOCATION PERIOD OF Congestion Mitigation/Air Quality (CMAQ) project. The project HANDICAPPED PARKING will involve the modernization of the existing signal system Gibson Street, east side at all times along Ontario Street between Niagara/Tonawanda Streets and between points 185 feet Skillen Street. As part of the CMAQ program, all existing and 250 feet south of Broadway intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must This action is being taken to update our records to reflect be performed to determine if new signals arc needed and/or if current field conditions. (see next serial) current signalized intersections meet Federal/State warrants for NOTIFICATIONSERIAL#9062 the continued need of a traffic signal. This signal does not INSTALLHANDICAPPEDPARKINGGIBSONSTREET,meet any of the current Federal and State warrants for its EASTSIDE continued operation and, therefore should be removed. FROMAPOINT25FEETSOUTHOFBROADWAY TOAPOINT95FEETSOUTHOFBROADWAY NOTIFICATIONSERIAL#9065 HANDICAPPED PARKING - INSTALL TRAFFICCONTROLSIGNAL-REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances ONTARIOSTREETATPHILADELPHIASTREET of the City of Buffalo, the City Engineer hereby notifies Your TRAFFIC CONTROL SIGNAL - REPEAL Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, In conformity with Section 49 of Chapter 479 of the Ordinances as stated below, to be effective forty five days after the first of the City of Buffalo Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, NOTIFICATIONSERIAL#9068 as stated below, to be effective forty five days after the first TRAFFICCONTROLSIGNAL-REPEAL Council meeting at which they appear on the agenda as an item PORTERAVENUEATBUSTIAVENUE business. That that part of Section 36 of Chapter 479 of Ordinances of TRAFFIC CONTROL SIGNAL - REPEAL the City of Buffalo be supplemented by repealing therefrom the In conformity with Section 49 of Chapter 479 of the following: Ordinances of the City of Buffalo, the City Engineer hereby TRAFFIC CONTROL SIGNAL notifies Your Honorable Body of this action supplementing, INTERSECTION OF arnending, or repealing existing provisions of Chapter 479 of Ontario Street at Philadelphia Street the Ordinances, as stated below, to be effective forty five days This action is being taken as part of a Federally funded after the first Council meeting at which they appear on the Congestion Mitigation/Air Quality (CMAQ) project. The project agenda as an item business. will involve the modernization of the existing signal system That that part of Section 36 of Chapter 479 of Ordinances of along Ontario Street between Niagara/Tonawanda Streets and the City of Buffalo be supplemented by repealing therefrom the Skillen Street. As part of the CMAQ program, all existing following: intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must TRAFFIC CONTROL SIGNAL be performed to determine if new signals are needed and/or if INTERSECTION OF current signalized intersections meet Federal/State warrants for Porter Avenue at Busti Avenue the continued need of a traffic signal. This signal does not This action is being taken as part of a Federally funded meet any of the current Federal and State warrants for its Congestion Mitigation/Air Quality (CMAQ) project. The project continued operation and, therefore should be removed. will involve the modernization of the existing signal system along Porter Avenue between North Street/Richmond Avenue NOTIFICATIONSERIAL#9066 and Lakeview Avenue. As part of the CMAQ program, all TRAFFICCONTROLSIGNAL-REPEAL existing intersections contained in the project area must be RICHMONDAVENUEATAUBURNAVENUE analyzed according to Federal and State standards. This TRAFFIC CONTROL SIGNAL - REPEAL analysis must be performed to determine if new signals are In conformity with Section 49 of Chapter 479 of the Ordinances needed and/or if current signalized intersections meet of the City of Buffalo, the City Engineer hereby notifies Your Federal/State warrants for the continued need of a traffic Honorable Body of this action supplementing, amending, or signal. This signal does not meet any of the current Federal repealing existing provisions of Chapter 479 of the Ordinances, and State warrants for its continued operation and, therefore as stated below, to be effective forty five days after the first should be removed. Council meeting at which they appear on the agenda as an item business. NOTIFICATIONSERIAL#9069 TRAFFICCONTROLSIGNAL-REPEAL That that part of Section 36 of Chapter 479 of Ordinances of PORTERAVENUEATLAKEVIEWAVENUE the City of Buffalo be supplemented by repealing therefrom the TRAFFIC CONTROL SIGNAL - REPEAL following: In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby TRAFFIC CONTROL SIGNAL notifies Your Honorable Body of this action supplementing, INTERSECTION OF amending, or repeating existing provisions of Chapter 479 of Richmond Avenue at Auburn Avenue the Ordinances, as stated below, to be effective forty five days This action is being taken as part of a Federally funded after the first Council meeting at which they appear on the Congestion Mtigation/Air Quality (CMAQ) project. The project agenda as an item business. will involve the modernization of the existing signal system That that part of Section 36 of Chapter 479 of Ordinances of along Richmond Avenue between North Street/Porter Avenue the City of Buffalo be supplemented by repealing therefrom the and Forest Avenue. As part of the CMAQ program, all existing following: intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must TRAFFIC CONTROL SIGNAL be performed to determine if new signals are needed and/or if INTERSECTION OF current signalized intersections meet Federal/State warrants for Porter Avenue at Lakeview Avenue the continued need of a traffic signal. This signal does not This action is being taken as part of a Federally funded meet any of the current Federal and State warrants for its Congestion Mitigation/Air Quality (CMAQ) project. The project continued operation and, therefore should be removed. will involve the modernization of the existing signal system along Porter Avenue between North Street/Richmond Avenue NOTIFICATIONSERIAL#9067 and Lakeview Avenue. As part of the CMAQ program, all TRAFFICCONTROLSIGNAL-REPEAL existing intersections contained in the project area must be PORTERAVENUEATSEVENTHSTREET analyzed according to Federal and State standards. This TRAFFIC CONTROL SIGNAL - REPEAL analysis must be performed to determine if new signals are In conformity with Section 49 of Chapter 479 of the Ordinances needed and/or if current signalized intersections meet of the City of Buffalo, the City Engineer hereby notifies Your Federal/State warrants for the continued need of a traffic Honorable Body of this action supplementing, amending, or signal. This signal does not meet any of the current Federal repealing existing provisions of Chapter 479 of the Ordinances, and State warrants for its continued operation and, therefore as stated below, to be effective forty five days after the first should be removed. Council meeting at which they appear on the agenda as an item REFERRED TO THE COMMITTEE ON LEGISLATION business. That that part of Section 36 of Chapter 479 of Ordinances of NO.49 the City of Buffalo be supplemented by repealing therefrom the REPORTOFBIDSREPAIRTOSTREETCUTS- following: 1998GROUP9465ITEM#33,C.C.P.7/7/98ITEM#126C.C.P. 3/3/98 TRAFFIC CONTROL SIGNAL This is to advise your honorable body that I have advertised INTERSECTION OF and received bids on September 2, 1998 for the repair to street Porter Avenue at Seventh Street cuts - 1998, group #465. In obtaining bids for the above This action is being taken as part of a Federally funded project, I have asked for bids on a unit price covering the Congestion Mitigation/Air Quality (CMAQ) project. The project various items of work and material which will be performed. will involve the modernization of the existing signal system The final cost of the work will be based on the actual measured along Porter Avenue between North Street/Richmond Avenue quantities of materials entering into the work and may be either and Lakeview Avenue. As part of the CMAQ program, all more or less than the total bid. existing intersections contained in the project area must be The following bids were received: analyzed according to Federal and State standards. This Base bid unit price increase analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Sunshine concrete Co. Inc. $137,186.00 $150,904.60 Federal/State warrants for the continued need of a traffic Birch grove landscaping & nursery, inc. signal. This signal does not meet any of the current Federal $166,090.00 $179,808.60 and State warrants for its continued operation and, therefore A.B.P. concrete construction inc. should be removed. $170,247.70 $183,966.30 Amherst paving inc. $196,996.00 $210,714.60 lowest responsible bidders in accordance with the plans and *adjusted amount specifications. I hereby certify that the lowest responsible bidder for the Plumbing work - H & M plumbing in the amount of $12,042.00 above project is sunshine concrete co. I respectfully electrical work - Goodwin Electric in the amount of $5,150.00 recommend that your honorable body order the work, the cost I recommend that your honorable body authorize the thereof to be charged to the capital projects fund #200-401-commissioner of public works to order the work on the basis of 564-00-000 in an amount of $137,186.00 plus approved unit the low bids. Funds for this work will be available in CPF 203- prices not to exceed $ 13,718.60 as per item # 126, c.c.p. 402-503 - Division of Buildings. 3/3/98 for a total encumbrance of $150,904.60. The engineer's Mrs. LoTempio Moved: estimate for this work is $200,000.00. That the above communication from the Commissioner of The attached is certified to be a true and correct statement of Public Works dated august 12, 1998, be received and filed; the two (2) lowest bids received. Under provisions of the and general municipal law, any of the bidders may withdraw his bid That the Commissioner of Public Works be, and he hereby is if an award of the contract is not made by october 19, 1998. authorized to award a contract for handicapped accessibility Individual bid submissions are available in our office for projects, Ulinski Community Center and Dulski Community inspection and copies are available upon request. Center, for plumbing work to H & M Plumbing in the amount of Mrs. LoTempio: $12,042,00, for electrical work to Goodwin Electric in the That the above communication from the commissioner of amount of $5,150.00, the lowest responsible bidders. Funds public works dated september 3, 1998, be received and filed; for the project are available in cpf 203-402-503 - Division of and Buildings. That the commissioner of public works be, and he hereby is Passed. authorized to award a contract for repair to street cuts - 1998, AYES-13, NOES-0 group #465 to sunshine concrete co., Inc. The lowest responsible bidder, in an amount of $137,186.00 plus approved NO.52 unit prices not to exceed $,13,718.60 as per item no. 126, REPORTOFBIDSCONSTRUCTIONOFPETER c.c.p., 3/3/98, for a total encumbrance of $150,904.60. Funds MACHNICACOMMUNITYCENTER for this project are available in the capital projects fund #200-1799CLINTONSTREET 401-564-00-000. I advertised for on June 16, 1998 and received the following Passed. sealed formal proposals for the construction of Peter Machnica AYES-13, NOES-0 community center, 1799 Clinton street, which were publicly opened and read on June 30, 1998. NO.50 Mechanical work REPORTOFBIDSHANDICAPPEDACCESSIBILITYBuffalo Sheet Metals, inc. $ 336,900.00 PROJECTSULINSKICOMMUNITYCENTERDULSKISLR Contracting $ 407,925.00 COMMUNITYCENTER Electrical work I advertised for on July 21, 1998 and received the following Hendler Electric $188,000.00 sealed formal proposals for Handicapped accessibility projects, Frey Electric construction $188,480.00 ulinski community center and dulski community Center, which Tunney Electric, inc. $192,535.00 were publicly opened and read on August 11, 1998. Cir Electrical construction $197,900.00 Summit construction $76,000.00 Wiftburn Enterprises $199,500.00 C. H. Byron co. $84,000.00 Industrial Power & Lighting $204,800.00 C. Nichter $84,000.00 O'connell Electric $211,990.00 Peyton Barlow co. $89,500.00 Weydman Electric $224,900.00 Hadala corp. $94,900.00 I hereby Grand Island Electric $229,273.00 certify that the foregoing is a true and correct statement of all Goodwin Electric $230,138.00 bids received and that summit construction, in the amount of Plumbing Work seventy six thousand and 00/100 dollars ($76,000.00) is the Elmwood Plumbing, inc. $227,000.00 lowest responsible bidder in accordance with the plans and H B Plumbing, inc. $254,800.00 specifications. Numarco, inc. $271,000.00 I recommend that your honorable body authorize the W. C. Roberson plumbing $329,510.00 commissioner of public works to order the work on the basis of Fire protection the low bids. Funds for this work will be available in CPF 203-Lock City Sprinkler, inc. $38,600.00 402-503 - division of buildings. Slocum Fire Protection $41,391.00 Estimate for this work was $76,510.00. Allied Fire Protection $43,268.00 Mrs. LoTempio moved: I hereby certify that the fore going is a true and correct That the above communication from the commissioner of statement of all bids received I recommend that your honorable public works dated august 12, 1998, be received and filed; and body authorize the commissioner of public works to order the That the commissioner of public works be, and he hereby is work on the basis of the low bids. Funds for this work are authorized to award a contract for handicapped accessibility available in cpf 202-402-504 - division of buildings. projects, Unlinks community center and Dulls community Mrs. LoTempio moved: center, to summit construction, the lowest responsible bidder, That the above communication from the commissioner of in the amount of $76,000.00. Funds for the project are available public works dated September 1, 1998, be received and filed; in CPF 203-402-503. and Passed. That the commissioner of public works be, and he hereby is AYES-13, NOES-0 authorized to award a contract for the construction of Peter Machnica Community Center, for mechanical work to Buffalo NO.51 sheet metals, inc. In the amount of $336,900.00, for electrical REPORTOFBIDSHANDICAPPEDACCESSIBILITYwork to Hendler electric in the amount of $188,000.00, for PROJECTS plumbing work to Elmwood Plumbing, inc. In the amount of ULINSKICOMMUNITYCENTER $227,000.00, for fire protection to lock City Sprinkler, Inc., In DULSKICOMMUNITYCENTER the amount of $38,600.00, the lowest responsible bidders. I asked for and received the following sealed informal Funds for the project are available in CPF 202-402-504 - proposals for handicapped accessibility projects, Ulinski Division of Buildings. community center and Dulski community center, which were Passed. publicly opened and read on September 1, 1998. AYES-13, NOES-0 Plumbing work NO.53 H & M plumbing $12,042.00 REPORTOFBIDSMACHNICACOMMUNITY Numarco $14,780.00 CENTERGENERALCONSTRUCTIONWORK1799 Electrical work CLINTONSTREET Goodwin electric $5,150.00 I advertised for on August 11, 1998 and received the following Electrical svc & supplies $5,478.00 sealed formal proposals for the construction of peter Machnica Warrens Electric $5,494.00 community center, general construction work, 1799 Clinton Tunney Electric $ 5,623.00 street, which were publicly opened and read on September 1, Metro Electrical $ 6,539.00 1998. I hereby certify that the foregoing is a true and correct General construction statement of all bids received and that the following are the Summit Construction $ 2,530,000.00 C. Nichter $ 2,557,000.00 $386,411.00 Pepe Rodems $ 2,581,900.00 $425,052.10Amherst Paving, inc. $398,950.00 Hadala Corp. $ 2,588,000.00 $437,591.10C. Destro Development co., Inc Piccone Construction $ 2,597,485.00 . $399,135.00 Concept Construction $ 2,601,600.00Kenaidan $437,776.10G.B.H. Paving, inc. $565,920.00* $ 2,709,000.00 I hereby certify that the $604,561.10* foregoing is a true and correct statement of all bids received *adjusted amount and that summit construction, in the amount of two million five I hereby certify that the lowest responsible bidder for the hundred thirty thousand and 00/1 00 dollars ($2,530,000.00) is above project is Destro & Brothers Concrete co., Inc. the lowest responsible bidder in accordance with the plans and I respectfully recommend that your honorable body order the specifications work, the cost thereof to be charged to the Division of I recommend that your honorable body authorize the Engineering 0 & M account #100-401-014-00-561 in an commissioner of public works to order the work on the basis of amount of $ 386,411.00, plus approved unit prices not to the low bids. Funds for this work will be available in CPF 201--exceed $38,641.10 as per ltem #126, c.c.p.3/3/98 for a total 402-504 - Division of Buildings. encumbrance of $425,052.10. The engineer's estimate for this Moved: work is $ 450,000.00. Attached is a tentative list of street That the above communication from the commissioner of paving locations. public works dated September 1, 1998, be received and filed; The attached is certified to be a true and correct statement of and the two (2) lowest bids received. Under provisions of the That the commissioner of public works be, and he hereby is general municipal law, any of the bidders may withdraw his bid authorized to award a contract for the construction of Peter if an award of the contract is not made by September 28, 1998. Machnica community center, general construction work to Individual bid submissions are available in our office for Summit Construction, the lowest responsible bidder in the inspection and copies are available upon request. amount of $2,530,000.00. Funds for the project are available in Mrs LoTempio moved: cpf 202-402-504 - Division of Buildings. That the Commissioner of Public Works dated August 13, Passed. 1998, be received and filed; and AYES-13, NOES That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Overlay of City Pavements NO.54 1998/1999. Group # 468 to Destro & Brothers Concrete Co., REPORTOFBIDSHEATER/SCARIFYINGOFCITYInc., the lowest responsible bidder, in an amount of $ PAVEMENTS1998/1999 386,411.00 plus approved unit prices not to exceed $ GROUP#469 38,641.10 as per Item No. 126, C.C.P., 3/3/98 for a total This is to advise your honorable body that I have advertised encumberance of $425,052.10 as per Item No. 126, C.C.P and received bids on August 12, 1998 for the heater/scarifying 3/3/98 for a total encumberance 0 & M Account #100-401-014- of city pavements - 1998/1999 - group #469. 00-561. In obtaining bids for the above project, I have asked for bids PASSED on a unit price covering the various items of work and material AYES-13, NOES-0 which will be performed. The final cost of the work will be NO.56 based on the actual measured quantities of materials entering PERMISSIONTOPREPAREPLANS&SPECIFICATIONS into the work and may be either more or less than the total bid. ANDADVERTISEFORPROPOSALSFORTHE The following bid was received: REPLACEMENTOFTREEROOTDAMAGEDSIDEWALK Base bid INTHEUNIVERSITYDISTRICTGROUP#486 Highway Rehabilitation Corp. $419,385.00 I hereby request permission from your honorable body to I hereby certify that the lowest responsible bidder for the prepare plans, specifications and advertise for sealed above project is highway rehabilitation corp. proposals for the replacement of tree root damaged sidewalks I respectfully recommend that your honorable body order the in the university district - group #486. work, the cost thereof to be charged to the division of This project is included in the 1997-98 capital improvements engineering 0 & m account #100-401-014-00-561 in an amount budget and will involve the replacement of "tree root damaged" of $ 419,385.00 for a total encumbrance of $ 419,385.00. The sidewalk along with associated items. engineer's estimate for this work is a $425,000.00. Funds for this project are available in the capital project fund The attached is certified to be a true and correct statement of account #202-401-002-00-000. the lowest and only bid received for this project. The engineers estimate is $200,000.00. Heater/scarifying is specialized construction and highway Mrs. LoTempio moved: rehabilitation corp. is the only contractor who performs this That the above communication from the Commissioner of work in the area. Under provisions of the general municipal Public Works dated August 27, 1998 be received and filed; and law, the bidder may withdraw his bid if an award of the contract That the Commissioner of Public Works be, and he hereby is is not made by September 28, 1998. Individual bid authorized to prepare plans, specifications and advertise for submissions are available in our office for inspection and sealed proposals for the Replacement of Tree Root Damaged copies are available upon request. Sidewalks in the University District – Group #486. Funds for Mrs LoTempio moved: this project are available in Capital Project Fund Account # That the above communication from the commissioner of 202-401-002-00-000. public works dated august 13, 1998, be received and filed; and PASSED That the commissioner of public works be, and he hereby is AYES-13, NOES-0 authorized to award a contract for heater/scarifying of city pavements 1998/1999, group #469 to highway rehabilitation NO.57 corp., The lowest responsible bidder, in an amount of $419,385.00 for a total encumbrance of $419,385.00. Funds PERMISSIONTOPREPAREPLANS&SPECIFICATIONS for this project are available in the division of engineering 0 & m ANDADVERTISEFORPROPOSALSFORTHEREPAIRTO account #100-401-014-00-561. CITYMANHOLES11-1998/99GROUP#487 Passed. I hereby request permission from your Honorable Body to AYES-12, NOES-0 prepare plans, specifications and advertise for sealed proposals for the Repair to City Manholes 11 - Group 4487. NO.55 This project is included in the 1997/98 Capital Improvements REPORTOFBIDSOVERLAYOFCITYPAVEMENTS-Budget. 1998/1999GROUP#468ITEM#126,C.C.P.3/3/98 Funds for this project are available in the Capital Project This is to advise your honorable body that I have advertised and Fund Account 4202-401-003-00-000. received bids on august 12, 1998 for the overlay of city The Engineers Estimate is $100,000.00. pavements - 1998/1999 - Group #468. Mrs. LoTempio moved: In obtaining bids for the above project, I have asked for bids That the above communication from the Commissioner of on a unit price covering the various items of work and material Public Works dated August 31, 1998 be received and filed; and which will be performed. The final cost of the work will be That the Commissioner of Public Works be, and he hereby based on the actual measured quantities of materials entering is authorized to prepare plans, specifications and advertise for into the work and may be either more or less than the total bid. sealed proposals for the Repair to City Manholes 11 Group The following bids were received: #487. Funds for this project are available in Capital Project Fund Account #202-401-003-00-000. Base bid unit price increase PASSED Destro & Brothers Concrete Co., Inc. AYES - 13 NOES - 0 Add $ 239.76 circulating pump at Crowley St. NO.58 Wading Pool. Add $ 688.74 PERMISSIONTOPREPAREPLANS&SPECIFICATIONS2. Reconstruct circulating pump at Shoshone Pool. ANDADVERTISEFORPROPOSALSFORTHE Add $1,736.75 CONSTRUCTIONOFHANDICAPRAMPS1998/99 3. Reconstruct circulating valve at JFK Pool. Add $ 159.84 PHASEV-GROUP#485 4. Reconstruct water supply valve at Lanigan ITEMNO.212,C.C.P.7/22/97 Spray Pool. Add $ 239.76 I hereby request permission from your Honorable Body to 5. Reconstruction drain valve at Kensington Pool. prepare plans, specifications and advertise for sealed 6. Omit 11O' of 4" pipe at Centennial Pool. Deduct $1,016.80 proposals for the Construction of Handicap Ramps - 1998/99 - The foregoing change results in a net increase in the Phase V. contract of Two Thousand Forty Eight and 05/100 Dollars This project is to construct or to convert existing radius ($2,048.05). sidewalk curbing for wheelchair access at various intersections in the City. Summary: Original Amount of Contract $124,258.00 This project was approved as part of the 1997-1998 Capital Amount of This Change (No. 1) Add $ 2,048.05 Improvements Budget. Funds should be available in the Revised Amount of Contract $126,306.05 Division of Engineering Capital Projects Fund #202-401-006- These changes could not be foreseen at the time contract 00-000. was let. Costs have been reviewed by the Department of Mrs. LoTempio moved: Public Works and found to be fair and equitable. Funds for That the above communication from the Commissioner of this work are available in 200-402-063 - Division of Buildings. Public Works dated August 11, 1998 be received and filed; and I request that Your Honorable Body authorize the That the Commissioner of Public Works be, and he hereby Commissioner of Public Works to issue a change order to the is authorized to prepare plans, specifications and advertise for contractor as set forth above. sealed proposals for the Construction of Handicap Ramps - Mrs. LoTempio moved: 1998/99 Phase V. Funds for this project are available in the That the above communication from the Commissioner of Division of Engineering Capital Projects Fund #202-401-006- Public Works dated August 28, 1998, be received and filed and 00-000. That the Commissioner of Public Works be, and he hereby is PASSED authorized to issue change order No. 1, to Numarco, Inc., an AYES - 13 NOES - 0 increase in the amount of $2,048.05, as more fully described in the above communication, for work relating to 1998 Pool NO.59 Reconstruction, Various Locations, Plumbing Work, C PERMISSIONTOPREPAREPLANS&SPECIFICATIONS #91949700. Funds for this project are available in 200-402- ANDADVERTISEFORPROPOSALSFORTHE 063 - Division of Buildings. IMPROVEMENTSTOTOWNEGARDENSPLAZA PASSED (JEFFERSONAVENUE)-1998,GROUP#457 AYES - 13 NOES - 0 I hereby request permission from your Honorable Body to NO.62 prepare plans, specifications and advertise for seated CHANGEINCONTRACT proposals for the Improvements to Towne Gardens Plaza WESTSIDECOMMUNITYCENTER (Jefferson Avenue), Group #457. HANDICAPPEDACCESSRENOVATIONS This project includes the restoration of curbs, and GENERALCONSTRUCTION approaches on Jefferson Avenue between Clinton and Swan I hereby submit to Your Honorable Body the following Streets. changes for West Side Community Center, Handicapped Funds for this project are available in the Division of Access Renovations, General Construction, Arcon Engineering Capital Projects Fund #202-401-504-00-000. The Managements, Inc. - C #9 1 937200. Engineer's estimate for this project is $75,000.00. 1. Install fixed insulated metal panels around Mrs. LoTempio moved: door #1. Add $2,285.00 That the above communication from the Commissioner of The foregoing change results in a net increase in the Public Works dated September 2, 1998 be received and filed; contract of Two Thousand Two Hundred Eighty Five and and 00/100 Dollars ($2,285.00). That the Commissioner of Public Works be, and he hereby Summary: Original Amount of Contract $94,998.00 is authorized to prepare plans, specifications and advertise for Previous Change sealed proposals for the Improvements to Towne Gardens Orders Add $ 1,487.00 Plaza (Jefferson Avenue), Group #457. Funds for this project Amount of This Change (No. 3) Add $ 2,285.00 are available in Engineering Capital Projects Fund #202-401- Revised Amount of Contract $98,770.00 504-00-000. These changes could not be foreseen at the time PASSED contract was let. Costs have been reviewed by the Consulting AYES - 13 NOES - 0 Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works and found to be fair and equitable. NO.60 Funds for this work are available in CPF 201-402-014 - PERMISSIONTOHIREACONSULTANTENGINEERTO Division of Buildings. PROVIDETRAFFICENGINEERINGSERVICES I request that Your Honorable Body authorize the I hereby request permission from Your Honorable Body to Commissioner of Public Works to issue a change order to the authorize the Commissioner of Public Works to enter into an contractor as set forth above. agreement with a Consultant Engineer to perform necessary Mrs. LoTempio moved: traffic studies, traffic counts, design and inspection work That the above communication from the Commissioner of required for various Federal Aid Public Works Traffic Public Works dated August 10, 1998, be received and filed; Engineering projects. and Funds for this work are available in Bond Funds 200-401- That the Commissioner of Public Works be, and he hereby 554-00-000. is authorized to issue change order No. 3, to Arcon Mrs. LoTempio moved: Managements, Inc., an increase in the amount of $2,285.00, as That the above communication from the Commissioner of more fully described in the above communication, for work Public Works dated August 17, 1998 be received and filed; and relating to West Side Community Center, Handicapped Access That the Commissioner of Public Works be, and he hereby Renovations, General Construction, C #91937200. Funds for is authorized to enter into an agreement with a Consultant this project are available in CPF 201-402-014 - Division of Engineer to perform necessary traffic studies, traffic counts, Buildings. design and inspection work required for various Federal Aid PASSED Public Works Traffic Engineering projects. Funds for this AYES - 13 NOES - 0 project are available in Bond Funds 200-401-554-00-000. PASSED NO.63 AYES - 13 NOES - 0 CHANGEINCONTRACT NO.61 SHEA'SPERFORMINGARTSCENTER CHANGEINCONTRACT STAGEEXPANSIONPROJECT 1998POOLRECONSTRUCTION-PLUMBINGWORK ELEVATORS(115) I hereby submit to Your Honorable Body the following I hereby submit to Your Honorable Body the following changes for 1998 Pool Reconstruction, Various Locations, changes for Shea's Performing Arts Center, Stage Expansion Plumbing Work, Numarco, Inc., C #91949700. Project, Elevators (115), Schindler Elevator Corp., C 1. Reconstruct #91942300. 0). ildings.Division of Bu -014 -402-e Department of Public Works and found to be fair and equitable. Funds for this work are available in 200act was let. Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries L.L.P., Architects) and th Division of Buildings. -014 -402-o be fair and equitable. Funds for this work are available in 200on, Hovey, Nardini & Tries, LLP, Architects) and the Department of Public Works and found t $224,045.00 l Amount of Contract Division of Buildings. -502 -402-tects) and the Department of Public Works and found to be fair and equitable. Funds for this work are to be credited to 203lton, Houston, Lownie Archi 1. Extend elevator cylinder by 18'-6" due to existing is authorized to issue change order No. 2, to Almeter-Berry soil conditions Add $ 930.00 Construction Management, an increase in the amount of The foregoing $78,828.00, as more fully described in the above change results in a net increase in the contract of Nine communication, for work relating to City Court Exterior Hundred Thirty and 00/100 Dollars ($930.00). Reconstruction, General Construction, C #91949800. Funds Summary: Original Amount of Contract $95,660.00 for this project are available in 200-402-014 - Division of Change Order No. 1 (CCP 3117/98, #28) Deduct $840.00 Buildings. Amount of This Change (No. 2) Add $930.00 PASSED Revised Amount of Contract $95,750.00 AYES - 13 NOES - 0 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect NO.66CHANGEINCONTRACTCITYCOURTEXTERIOR (Kideney Architect), the Construction Manager (Ciminelli-RECONSTRUCTION Cowper Co., Inc.), and the Department of Public Works and GENERALCONSTRUCTION found to be fair and equitable. Funds for this work are available I hereby submit to Your Honorable Body the following in 292-402-001 - Division of Buildings. changes for City Court Exterior Reconstruction, General I request that Your Honorable Body authorize the Construction, Almeter-Barry Construction Management, Inc., C Commissioner of Public Works to issue a change order to the #91949800. contractor as set forth above. 1. Replace 25 insulated glass lights in accordance with Mrs. LoTempio moved: bid unit price of $1,446.00 each. Add $36,150.00 That the above communication from the Commissioner of The foregoing change results in a net increase in the Public Works dated August 18, 1998, be received and filed; contract of Thirty Six Thousand One Hundred Fifty and 00/100 and Dollars ($36,150.00). That the Commissioner of Public Works be, and he hereby Summary: Original Amount of Contract $224,045.00 is authorized to issue change order No. 2, to Schindler Elevator Amount of This Change (No. 1) Add $ 36,150.00 Corp., an increase in the amount of $930.00, as more fully Revised Amount of Contract $260,195.00 These changes could not be foreseen at the time contr described in the above communication, for work relating to I request that Your Honorable Body authorize the Shea's Performing Arts Center, Stage Expansion Project, Commissioner of Public Works to issue a change order to the Elevators (I 15), C #91942300. Funds for this project are contractor as set forth above. available in 292-402-001 - Division of Buildings. Mrs. LoTempio moved: PASSED That the above communication from the Commissioner of AYES - 13 NOES - 0 Public Works dated August 17, 1998, be received and filed; and That the Commissioner NO.64 of Public Works be, and he hereby is authorized to issue CHANGEINCONTRACTKINGURBANLIFECENTERchange order No. 1, to Almeter-Berry Construction RECONSTRUCTIONELECTRICALWORK Management, Inc., an increase in the amount of $36,150.00, as I hereby submit to Your Honorable Body the following more fully described in the above communication, for work changes for the King Urban Life Center Reconstruction, relating to City Court Exterior Reconstruction, General Electrical Work, Goodwin Electric Corp., C #91940700. Construction, C #91949800. Funds for this project are 1. Revise electrical panel locations and light fixture available in 200-402-014 - Division of Buildings. selections. Deduct $3,290.00 PASSED 2. Revise H-1 light fixture to Ledalite TLS 4. AYES - 13 NOES - 0 Deduct $2,500.00 3. Delete main disconnect switch and add maincircuit breaker NO.67PERMANENTEASEMENTPEACEBRIDGETWIN to main disconnect panel. SPAN IHAVERECENTLYRECEIVEDAREQUEST Deduct $ 860.00 The foregoing change results in a net decrease in the contract of Six Thousand Six Hundred Fifty and 00/100 Dollars ($6,650.0FROMKAVINOKY&COOK,THELEGALCOUNSELFOR Summary: Original Amount of Contract $264,250.00 THEBUFFALOANDFORTERIEPUBLICBRIDGE AUTHORITYREQUESTINGAPERMANENTEASEMENT Amount of This Change (No. 1) Deduct $ 6,650.00 OVERTWO(2)PARCELSOFCITYOWNEDLANDSAS Revised Amount of Contract $257,600.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (HamiSHOWNONTHEATTACHEDMAP.THEEASEMEN TS I request that Your Honorable Body authorize the ARENECESSARYFORTHECONSTRUCTIONOFTHE Commissioner of Public Works to issue a change order to the NEWTWINBRIDGERECENTLYAPPROVEDBYTHE contractor as set forth above. PUBLICBRIDGEAUTHORITY. Mrs. LoTempio moved: The easement identified as Parcel No. 9 provides That the above communication from the Commissioner of permission for the bridge structure to cross over a parcel of Public Works dated August 17, 1998, be received and filed; City owned lands that contains an access road to the and Massachusetts Avenue Water Pumping Station. That the Commissioner of Public Works be, and he hereby The easement identified as Parcel No. 11, in addition to is authorized to issue change order No. 1, to Goodwin Electric providing permission for the overhead structure, also allows for Corp., a decrease in the amount of $6,650.00, as more fully the construction of part of bridge pier No. 10 within the right-of- described in the above communication, for work relating to King way of Sherdian Terrace. Urban Life Center Reconstruction, Electrical Work, C The following are the legal descriptions (metric system) for #91940700. Funds for this project are to be credited to 203-the permanent easements as requested from the City of 402-502 - Division of Buildings. Buffalo: PASSED PARCEL NO. 9 AYES - 13 NOES - 0 Beginning at a point on the southerly property line of land conveyed to Buffalo and Fort Erie Public Bridge Authority by NO.65CHANGEINCONTRACTCITYCOURTEXTERIORLiber 2321 of deeds at Page 419, at its intersection with the RECONSTRUCTION division line between the property of City of Buffalo (reputed GENERALCONSTRUCTION owner) on the east and the property of Buffalo and Fort Erie I hereby submit to Your Honorable Body the following Public Bridge Authoirty (reputed owner) on the west, said point changes for City Court Exterior Reconstruction, General being 16.975 meters distant northerly, measured radially, from Construction, Almeter-Barry Construction Management, C Station 11+022.308 of the hereinafter described Horizontal #91949800. Control Line for the construction of a New Parallel Bridge 1. Recaulk the east facade of the building. Add Structure between the United States and Canada across the $46,557.00 Niagara River, from Buffalo, New York to Fort Erie, Ontario, 2. Recaulk the north facade of the building. Add $32,271.00 The foregoing change results in a net ithence North 00 degrees 30, 021, West and along the last ncrease in the contract of Seventy Eight Thousand Eight Hundred Twenty Eight and 00/100 Dollars ($78,828.00).Summary: Origina Previous Change Orders Add $ 36,150.00 mentioned division line, 1.799 meters to a point 18.712 meters Amount of This Change (No. 2) Add $ 78,828.00 distance northerly, measured radially, from Station 11+021.882 Revised Amount of Contract $339,023.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Bartof said control line; thence South 80 degrees 34, 5311 East I request that Your Honorable Body authorize the and through the property of City of Buffalo (reputed owner), Commissioner of Public Works to issue a change order to the 6.467 meters to a point on the division line between the contractor as set forth above. property of City of Buffalo (reputed owner) on the west and the Mrs. LoTempio moved: property of Consolidated Rail Corporation (reputed owner) on That the above communication from the Commissioner of the east, said point being 19.394 meters distant northerly, Public Works dated August 31, 1998, be received and filed; measured radially, from Station 11+027.682 of said control line; and thence South 00 degrees 301 0211 East and along the last That the Commissioner of Public Works be, and he hereby mentioned division line, 34.181 meters to a point 13.000 meters distant southerly, measured radially, from Station 11+038.439 constructed, which will interfere with the construction, operation of said control line; thence westerly and through the property of and maintenance of the bridge, its piers and approaches, of the City of Buffalo (reputed Owner) on a curve to the left, having a Buffalo and Fort Erie Public Bridge Authority, however, when it radius of 162.00 meters, an arc distance of 6.748 meters to a is necessary that the construction, reconstruction, point on the easterly boundary of the existing Niagara Section maintenance, and operations of such utility lines requires the of the New York State Thruway as shown on Parcel No. 510 of interference of the Peace Bridge operations, it shall be done Map No. 510 R-1A and acquired by the People of the State of only upon a written permit from and upon conditions specified New York for the construction of Subdivision of No. 6, Niagara by the Directors of the Buffalo and Fort Erie Public Bridge Section of the New York State Thruway by Liber 7191 of deeds Authority. at page 531, said point being 13.00 meters distant southerly, Also, subject to the easement rights of others as their measured, radially, from Station 11+031.149 of said control interest may appear affecting the area shown on the above line; thence North 00 degrees 30’ 02” West and along the map, which easement rights are hereby and hereafter restricted mentioned boundary, 31.271 meters to the point of beginning, and limited as follows: being 214.0 square meters (2,303 square feet) more or less. The owner of such easement rights above referred to and All that piece or parcel of property hereinafter designated as affecting Parcel No. 11 above, may continue to enjoy and Parcel No. 11, situate in Black Rock Village - Part 3 (South exercise the permanent right, privilege and easement to Village of Black Rock), City of Buffalo, County of Erie, State of transmit fluids, liquids, or sewage and for such purposes New York, described as follows: construct, reconstruct, maintain and operate a sewer system PARCEL NO. 11 consisting of such encasements, conduits, sleeves, pipes, All that piece or parcel of property hereinafter designated as manholes, vents and appurtenances as may be deemed Parcel No. 11, situate in Black Rock Village – Part 3 (South necessary by the owner of such easement for the proper Villiage of Black Rock), City of Buffalo, County of Erie, State of operation or improvement thereof; providing no manhole, vent, New York, described as follows: or other support structure shall be placed within the controlled Being all that portion of the Bed of Sheridan Terrace, access areas of the Peace Bridge Complex, and further beginning at a point on the westerly boundary of the existing providing that no change in the alignment or location of such Busti Avenue - Peace Bridge Connection to New York State sewer lines shall be made or additional facilities constructed, Thruway - Niagara Section, as shown on Parcel No. 7 of Map which will interfere with the construction, operation and No. 3 and acquired by the People of The State of New York for maintenance of the bridge, its piers and approaches, of the the construction of the Busti Avenue - Peace Bridge Buffalo and Fort Erie Public Bridge Authority, however, when it Connection to Interstate Route 506, New York State Thruway, is necessary that the construction, reconstruction, maintenance Niagara Section, by Liber 7780 of deeds at Page 87, at its and operation of such sewer lines requires the interference of intersection with the division line between the property of City of the Peace Bridge operations, it shall be done only upon a Buffalo (reputed owner) on the southwest and the property written permit from and upon conditions specified by the conveyed to the Buffalo and Fort Erie Public Bridge Authority Directors of the Buffalo and Fort Erie Public Bridge Authority. by Liber 2321 of deeds at Page 419, (reputed owner) on the Also, subject to the easement rights of others as their northeast, said point being 1.746 meters distant northeasterly, interest may appear affecting the area shown on the above measured radially, from Station 11+099.047 of the hereinafter map, which easement rights are hereby and hereafter restricted described Horizontal Control Line for the construction of a New and limited as follows: Parallel Bridge Structure between the United States and The owner of such easement rights above referred to and Canada across the Niagara River from Buffalo, New York to affecting Parcel No. 11 above, may continue to enjoy and Fort Erie, Ontario; thence, South 00 degrees 231 4211 West exercise the permanent right, privilege and easement for and along the first mentioned boundary 20.459 meters to a Sheridan Terrace, a public street, and for such purposes point 13.00 meters distant southwesterly, measured radially, construct, reconstruct, maintain and operate a roadway system from Station 11+114.134 of said control line; thence across the and a pedestrian Riverwalk and Bicycle Path consisting of bed of existing Sheridan Terrace the following two (2) courses such, curbs, sidewalks, pavement areas and appurtenances as and distances (1) northwesterly on a curve to left, having a may be deemed necessary by the owner of such easement for radius of 87.000 meters, an arc distance of 14.303 meters to a the proper operation or improvement thereof; providing that no point of compound curve, said point being 13.000 meters public street facilities or use be placed within the controlled distant southwesterly, measured radially, from Station access areas of the Peace Bridge complex, and further 11+097.694 of said control line; thence (2) continuing providing that no change in the alignment or location of such northwesterly on a curve to the left, having a radius of 162.000 facilities shall be made or additional facilities constructed, meters, an arc distance of 23.794 meters to a point on the which will interfere with the construction, operation, and easterly boundary of the existing Busti Avenue - Peace Bridge maintenance of the bridge, its piers and approaches, of the Connection to New York State Thruway Niagara Section, as Buffalo and Fort Erie Public Bridge Authority. shown on Parcel No. 8 of Map. 6 and acquired by the People of The Division of Engineering has reviewed the maps, plans the The State of New York for the construction of the Busti and legal description supplied by the Buffalo and Fort Erie Avenue - Peace Bridge Connection to Interstate Route 506, Public Bridge Authority. The Division of Engineering has also New York State Thruway, Niagara Section, by Liber 7500 of notified those public agencies and utility companies that have deeds at Page 54, said point being 13.000 meters distant facilities immediately adjacent to the proposed easement areas southwesterly, measured radially, from Station 11+071.990 of and informed them that the maps, plans and descriptions are said control line; thence North 00 degrees 531 4811 West and available in our office for their review. along the last mentioned boundary, 26,731 meters to a point on As Commissioner of Public Works, I find the proposed the mentioned division line, said point being 10.249 meters permanent easements to be necessary and proper for the distant northeasterly, measured radially, from Station construction of the Twin Bridge and I herein recommend that 11+058.659 of said control line; thence southeasterly along the Your Honorable Body grant said easements to Buffalo and Fort mentioned division line and on a curve to the right, having a Erie Public Bridge Authority as requested. radius of 164.958 meters an arc distance of 42.655 meters to REFERRED TO THE COMMITTEE ON FINANCE AND THE the point of beginning, being 706.8 square meters (7,608 CORPORATION COUNSEL square feet) more or less. Subject to the easement rights of others as their interest NO.68 may appear affecting the area shown on the above map, which 373MAINSTREETAWNINGWITHINCITYRIGHTOFWAY easement rights are hereby and hereafter restricted and limited MR.RICHARDTAYLOR,OWNEROFTHEPROPERTY as follows: LOCATEDAT373MAINSTREET,HASREQUESTED The owner of such easement rights above referred to and PERMISSIONTOIN,TALLANAWNINGWHICHWOULD affecting Parcel No. 11 above, may continue to enjoy and ENCROACHCITYRIGHTOFWAYATSAIDADDRESS. exercise the permanent right, privilege and easement to The proposed awning would measure 4.5 feet in height, transmit electricity or messages by means of electricity and for approximately 152 feet in overall length and project 2.5 feet such purposes construct, reconstruct, maintain and operate a from the building face into City right of way. communication system consisting of such wires, cables, The Department of Public Works has reviewed Mr. Taylor's supporting structures encasements, conduits, sleeves, application pursuant to Chapter 413-56 (Awnings, Canopies manholes, vents and appurtenances as may be deemed and Marquees) of the City Ordinances and has no objection to necessary by the owner of such easement for the proper Your Honorable Body authorizing the Commissioner Of Public operation or improvement thereof; providing no manhole, vent, Works to issue a "Mere License" for said installation provided pole, tower or other support structure shall be placed within the the following conditions are met: controlled access areas of the Peace Bridge complex, and 1. That the applicant obtain any and all Other City of Buffalo further providing, that no change in the alignment or location of permits necessary for said installation.2. That the such utility lines shall be made or additional facilities awning be installed exactly as shown on plans submitted to and approved by the Department Of Public Works, Division of The Department of Public Works has reviewed this Buildings. application and has no objection to the installation of said 3. That the applicant supply the City of Buffalo with a five payphone. However, before a license may be issued, each thousand dollar construction in street bond or certificate of individual proposed location must be approved by Your insurance which will indemnify and save harmless the City of Honorable Body in accordance with Chapter 441-4 of the City Buffalo against any and all loss and damage arising out of Ordinances as revised (C.C.P. # 136 of December 26, 1995). the construction, maintenance, use and removal of said REFERRED TO THE COMMITTEE ON FINANCE awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND NO.72 THE CITY PLANNING BOARD NEWGARAGEFORSTREETSANITATION We have received a proposal from Harrison Industrial, Inc., NO.69 to erect a 212,000 s.f. building on the site immediately adjacent PROPOSEDNFTABUSSHELTERS(3) to the Division of Engineering garage at 1120 Seneca Street. WITHINCITYRIGHT-OF-WAY The proposal calls for the new facility to be leased to the City at Mr. Christopher J. Cronin, Traffic Data Administrator for the a price not to exceed $6.50 per s.f. for a ten-year period. The Niagara Frontier Transportation Authority (NFTA), has proposal includes an allocation of $1.3 million for various requested permission to install three bus shelters within City equipment to be selected and determined by this department in right-of-way. consultation with the Department of Street Sanitation. The proposed locations are: I respectfully request Your Honorable Body's authorization to 1. Elmwood Avenue, southwest corner Summer Street. enter into negotiations with Harrison Industrial, Inc., for the 2. Elmwood Avenue, southwest comer West Utica Street. construction and lease of this facility. Once the contract and 3. 1019 Hertel Avenue, south side of street, west of Delaware lease has been finalized, they will be submitted to the Council Avenue. for final approval. The Department of Public Works has reviewed the NFTA's REFERRED To THE COMMITTEE ON FINANCE AND THE request pursuant to Chapter 413-67 (Encroachment COMMISSIONER OF STREETS Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public NO.73 Works to issue a "Mere License" for said installation provided ERIEBASINMARINA the following conditions are met: Attached please find the "Monthly Summary of Gross 1. That the applicant obtain any and all other City of Buffalo Revenues" report from the Rhino Room, for the Hatch permits necessary for said installation. Restaurant, Gazebo and Tower, for the month of May 1998, for 2. That the bus shelters be installed exactly as shown on plans operation of the Erie Basin Marina. submitted to and approved by the Department of Public This report is required as per Section 6, paragraph e (ii) of Works, Division of Engineering. the City's lease agreement with the Rhino Room (Operator of 3 .That the applicant be responsible for maintaining the bus the Hatch). shelters as long as they remain within City right-of-way. REFERRED TO THE SPECIAL COMMITTEE ON ERIE 4. That the applicant supply the City of Buffalo with a five BASIN MARINA LEASE thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of NO.74 Buffalo against any and all loss and damage arising out of ERIEBASINMARINA the construction, maintenance, use and removal of said bus Attached please find the "Monthly Summary of Gross shelter. Revenues" report from the Rhino Room, for the Hatch REFERRED TO THE COMMITTEE ON LEGISLAITION AND Restaurant, Gazebo and Tower, for the month of June 1998, THE CITY PLANNING BOARD for operation of the Erie Basin Marina. This report is required as per Section 6, paragraph e (ii) of NO.70 the City's lease agreement with the Rhino Room (Operator of SOUTHPARKAVENUEBUFFALOCOLORthe Hatch). CORPORATIONENCROACHMENTINTOCITYRIGHTOFREFERRED TO THE SPECIAL COMMITIEE ON ERIE WAY BASIN MARINA LEASE Mr. Lavern B. Heiler, P.E., Engineering Supervisor at Buffalo Color Corporation, has requested permission to encroach city NO.75 right of way on South Park Avenue with a ten inch fire main. ERIEBASINMARINA The proposed fire main will contain water only and be part of Attached please find the "Monthly Summary of Gross Buffalo Color Corporations fire protection system. It will be Revenues" report from the Rhino Room, for the Hatch located four feet below grade beneath the elevated portion of Restaurant, Gazebo and Tower, for the month of July 1998, for South Park Avenue north of the Lift Bridge. operation of the Erie Basin Marina. The Department of Public Works has reviewed this This report is required as per Section 6, paragraph e (ii) of application pursuant to Chapter 413-67 (Encroachment the City's lease agreement with the Rhino Room (Operator of Regulations) of the City Ordinances and has no objection to the Hatch). Your Honorable Body authorizing the Commissioner of Public REFERRED TO THE SPECIAL COMMITTEE ON ERIE Works to issue a "Mere License" for said installation provided BASIN MARINA LEASE the following conditions are met: 1. That the fire main be installed exactly as shown on plans NO.76 submitted to and approved by the Department of Public "B"DISTRICTPOLICEPRECINCT Works, Division of Engineering. This department has designed and bid a police precinct 2. That the applicant restore all city right of way disrupted house to be located on Main and Tupper. The purchase of the during installation. property is currently before the Finance Committee. 3. That the applicant supply the Department of Public Works We understand that discussions have taken place indicating with a $5,000.00 construction in street bond or certificate of that a different site may be desirable. I want to point out that insurance which will indemnify and save harmless the City of the design that we currently have is specific to the Main-Tupper Buffalo against any and all loss and damage arising out of site and cannot easily be adapted to another site without the installation, maintenance, use and removal of said fire increased design costs. We have also invested over one year line. of time on the part of this department, the police department REFERRED TO THE COMMITTEE ON LEGISLATION AND and the Common Council in investigating sites and settling on THE CITY PLANNING BOARD the Main-Tupper site. If a change is made at this point, I would expect that additional design costs would be in the $200,000 NO.71 range. PAYPHONEAPPLICATIONHELLOPAYPHONES MR. I request that discussions be held before the Police GOHARAA.MOHAMED,OFHELLOPAYPHONES,672Reorganization Committee to discuss appropriate sites. WALDENAVENUE,BUFFALO,NEWYORK,14211,HASREFERRED TO THE SPECIAL COMMITTEE ON POLICE REQUESTEDPERMISSIONTOINSTALLAPUBLICREORGANIZTION PAYPHONEWITHINCITYRIGHT-OF-WAYASDESCRIBED INCHAPTER441(TELEPHONEFACILITIES)OFTHECITYNo. 77 ORDINANCES. The proposed payphone location is 835 Niagara Street, northeast comer Rhode Island Street, attached to existing building face. AMENDED COPY RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment Effective: July 27, 1998 in the Department of NO.86 Public Works Division of Buildings to the Position of Director of CHECKSRECEIVED Mayor's Impact Team, Provisional Appointment at the: ITEM NO. 104, C.C.P. 2/2/88 Maximum Starting Salary of: $ 43,912 8155-00108003 CR.95-0080-A -1-1 $448.00 James V. Bagarozzo, 141 Crestwood Ave., Buffalo 14216 8155-00108028 C2-96-0025 12,574.08 REFERRED TO THE COMMITTEE ON CIVIL SERVICE TOTAL DEPOSIT $ 13,022.08 The above referenced property has been administratively NO.78 forfeited by the Drug Enforcement Administration. (DEA). The CERTIFICATEOFAPPOINTMENT checks were received by this Department and duly deposited in Appointment Effective: August 3, 1998 in the the Trust & Agency Account, 9610-200-217-00-300. Department of Public Works Division of Water to the Position 8155-00108120 C2-98-0038 $ 9,408.60 of Water Meter Mechanic, Temporary Appointment at the: 8155-00108114 C2-98-0039 37,095.60 Maximum Starting Salary of: $26,431 8155-00108118 C2-98-0042 543.60 Andrew Barth, 383 Bryant Street, Buffalo, 14222 8155-00108116 C2-98-0049 3,453.60 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 8155-00108121 C2-98-0060 1,083.60 TOTAL DEPOSIT $ 51,585.00 NO.79CERTIFICATEOFAPPOINTMENT The above referenced property has been administratively Appointment Effective: August 3, 1998 in the Department of forfeited by the Drug Enforcement Administration. (DEA). The Public Works Division of Water to the Position of Water Meter checks were received by this Department and duly deposited in Mechanic, Temporary Appointment at the: Maximum Starting the Trust & Agency Account, #610-200-217-00-300. Salary of: $26,431 RECEIVED AND FILED Patrick D. Farrell, 289 Babcock Street, Buffalo, 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.87 REQ.POL.REPORT-PERSONNELSTAFFING&DIST. No. 80 CERTIFICATE OF APPOINTMENT RES,190,MARCH17,1998 1. Attached you will find a copy of the PCAM Report, that Appointment Effective: August 24, 1998 in the was delivered in May 1998. The report was made part of a Department of Public Works Division of Water to the Position presentation to the Department, find it may be beneficial to of Water Meter Mechanic, Temporary Appointment at the: provide the same presentation for the Council at a later date. Maximum Starting Salary of: $26,431 At the same time the Department is preparing a report on Matthew Janicki, 479 Forest Avenue, Buffalo, 14213 staffing levels and will provide a comparison of staffing levels REFERRED TO THE COMMITTEE ON CIVIL SERVICE before and after consolidation. The report will address your concerns regarding staffing levels and should be completed CERTIFICATE OF APPOINTMENT No. 81 within the next month, at which time we will forward it to the Appointment Effective: in the Department of Public Works, Council. Division of Engineering, Senior Engineering Aide Provisional REFERRED TO THE SPECIAL COMMI= ON POLICE Appointment at the Intermediate Starting Salary of $27,738 REORGANIZTION Eric D. Schmarder, 51 Cheltenham Dr., Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.88 EXPLOREALTSITESFORBDISTRICTPOLICESTATION No. 82 RES,#240CCPFEB.17,1997 CERTIFICATEOFAPPOINTMENT 1. Last month the Police Department met with the Appointment effective: 8/21/98 in the Department of Public Commissioner of Public Works Division of Real Estate, Works, Division of Engineering, to the Position of Buildings, the Corporation Counsel and Council President to Engineering Aide, Provisional Promotion at the: Intermediate discuss the statutes of B District. At this meeting we Starting Salary of: $ 26,364 discussed the building sites in B District, which were reviewed Loretta Bidell, 64 Huntley Road, Buffalo 14215 prior to the selection of Main & Tipper. These sites ranged REFERRED TO THE COMMITTEE ON CIVIL SERVICE from the Adult Learning Center at 389 Virginia to the Packard Building at 1325 Main Street. There were over 15 sites that the No. 83 Department looked at and discussed with the Reorganization CERTIFICATE OF APPOINTMENT. Committee before 695 Main Street was selected. Appointment Effective: 8/21/98 in the Department of- The meeting was ended where the Police Department Public Public Works Division of Engineering to the Position of Works, and the 0ivision of Real Estate would look at alternative Assistant Engineer, Provisional Appointment at the Maximum sites in B District for the location of a District Building. Starting Salary of: $38,665 REFERRED TO THE SPECIAL COMMITTEE ON POLICE Kenneth J. Wierzbicki, 771 McKinley Pkwy, Buffalo 14220 REORGANIZATION REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.89 NO.84 REVIEWPLANSFOR"B"DISTRICTBLDG. CERTIFICATE OF APPOINTMENT RES,167CCPJULY8,1997 Appointment Effective: 8/25/98 in the Department of Public 1. The Police Department criteria on the selection of a site Works Division of Engineering to the Position of Engineering for the District Police Building was that the site must be located Inspector, Permanent Appointment at the Maximum Starting in the district and provided sufficient space. After much Salary of: $35,843 discussion and after looking at numerous alternative sites in B William Moss, 248 Dearborn Street, Buffalo 14207 District the Police reorganization Committee selected Main 7 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Tupper as the side for the new B District Building. The Police Department supported this decision, it provided FROMTHECOMMISSIONEROFPOLICE adequate space, was in the district and as an added bonus, it NO.85 provided a police presence in the Theater District. INFORMATIONAL: APPOINTMENTOFDEPUTYPOLICE Last month, the Police Commissioner met with the COMMISSIONERANDCHIEFOFPATROL Commissioner of Public Works, the Corporation Counsel and This is to notify your Honorable Body, as a matter of record, Council President Pitts in an effort to address any unresolved that I have appointed the following individual to service in the issues and move this plan off he drawing board. At this capacity as Deputy Police Commissioner: meeting there was a discussion regarding the many alternative Crystallea Burns-Pelletier, 8674 Bonview Terrace, Clarence, sites for B District that had been explored prior to the selection N.Y. 14221 of the Main-Tupper Site. Effective Date of Appointment: July 23, 1998 The Police Department continues to support the decision of the Salary: $80,575 Police Reorganization Committee to locate the District Building This is to notify your Honorable Body, as a matter of record, at Main & Tupper Sts. that I have also appointed the following individual to service in REFERRED TIO THE SPECIAL COMMITTEE ON POLICE the capacity as Chief of Patrol: REORGANIZATION Mark E. Blankenberg, 758 Robin Road, Amherst, N.Y. 14228 Effective Date of Appointment: August 17, 1998 NO.90 Salary: $73,915 POLICECDISTRICTSTAFFING I feel these individuals are duly qualified candidates for the RES.#179CCPMARCH3,1997 positions of Deputy Police Commissioner and Chief of Patrol. 1. The projected staffing for C District remain the same as dated September 3, 1998, be received and filed; and stated in Commissioner Kerlikowske's Correspondence to the That the Commissioner of Police be, and he hereby is Council in July 1997 (attached). authorized to purchase vehicles from the Towns of Amherst The East Ferry District Building is progressing, and we hope to and Tonawanda have final plans out to bid before the end of 1998. The funds PASSED for Lovejoy Station were provided in this years Capital Projects AYES - 13 NOES - 0 and we expect to begin movement in the Fall of 1998. REFERRED TO THE SPECIAL COMMITTEE ON POLICE NO.94 REORGANIZATION ***STATUSCHANGEONLY*** CERTIFICATEOFAPPOINTMENT NO.91 Appointment Effective: August 28, 1998 in the Department of COPSDISTRESSEDNEIGHBORHOODPROJECT Police to the Position of Report Technician, Permanent RES.#241JULY21,1998 Appointment at the Intermediate Starting Salary of: $ 24,348 1. It has always been the intention of the Police Department Marilyn M. Diehl, 123 Harding Road, Buffalo, NY 14220 to assign the FLEX Unit to the high crime areas of the city. REFERRED TO THE COMMITTEE ON CIVIL SERVICE These areas are identified by input from the District Inspectors at which time an analysis of the targeted areas is done and a STATUSCHANGEONLY*-** plan to address the problems identified is developed. I have NO.95 attached some Documents which describe the Goals, CERTIFICATEOFAPPOINTMENT Methods, Duties and Program Assessment of the activities of Appointment Effective: August 28, 1998 the FLEX Unit. in the Department of: Police to the Position of: Report The Council and the Police Department share the belief that Technician Permanent Appointment at the Intermediate only by targeting the most economical distressed areas and Starting Salary of $ 24,992 their highest crime areas the tremendous potential of this Sara Rose Buscaglia, 309 North Park Ave, Buffalo, NY 14222 program be realized. REFERRED TO THE COMMITTEE ON CIVIL SERVICE REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO.96 STATUSCHANGEONLY*** NO.92 CERTIFICATEOFAPPOINTMENT CONCERN-ESTABLISHMENTOFSEXOFFENSESQUAD Appointment Effective: August 28, 1998 in the Department RES,117CCPJANUARY6,1998 of: Police to the Position of: Report Technician 1. Attached you will find a communication from Lieutenant Permanent Appointment at the Intermediate Starting Salary of: David Mann of the Sex Offense Squad that should answer your $ 24,348 questions regarding their caseload and why the Department Christine M. MacMillan, 217 Rebecca Park, Buffalo, New York decided to transfer detectives from each district into SOS. 14207 Because of the nature of domestic violence incidents, the need Stephania M. Ovak, 353 Forest Ave, Buffalo, NY 14213 for immediate follow-up of these incidents, and immediate REFERRED TO THE COMMITTEE ON CIVIL SERVICE service for orders of protection became essential for fulfill our statutory obligations under NYS Law. ***STATUSCHANGEONLY*** Centralizing this function provided a more efficient and effective NO.97 use of limited manpower, and at the same time relieved District CERTIFICATEOFAPPOINTMENT Detectives of the work involved with domestic violence Appointment Effective: August 28, 1998 in the Department incidents. of: Police to the Position of Report Technician Permanent REFERRED TO THE COMMITTEE ON POLICE Appointment at the Intermediate Starting Salary of: $ 24,348 REORGANIZATION Rose M. Borczynski, 33 Gatchell Street, Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.93 PERMISSIONTOPURCHASEUSED **-*STATUSCHANGEONLY*** VEHICLESTOUPDATEPATROLFLEET NO.98 Currently, the Buffalo Police Department is experiencing a CERTIFICATEOFAPPOINTMENT shortage of police vehicles due to the Department's overlap Appointment Effective August 28, 1998 in the Department of shift (where an entire platoon is on duty), the fact that the Police to the Position of Report Technician Permanent Department recently received a grant award from the Appointment at the Intermediate Starting Salary of $ 24,992 Department of Justice allowing us to hire an additional twenty Hedwig Paula Gross, 14 Putnam St., Buffalo, NY 14213 (20) police officers, and due to standard wear/tear on police REFERRED TO THE COMMITTEE ON CIVIL SERVICE vehicles. The national standard for turn-over on police vehicles is 2.8 years, however our Department is averaging every six (6) FROMTHECOMMISSIONEROFFIRE years. To date, 72% of our fleet is overdue or beyond this NO.99 national standard. CERTIFICATEOFAPPOINTMEENT The Buffalo Police Department has a one-time opportunity to Appointment Effective August 10, 1998, in the department of purchase one year old police vehicles from the Town of Fire, Division of Communications, To the position of Amherst and the Town of Tonawanda which they are trading in Communication Electrician Provisional - status change to a local dealer who will bid on these cars. Once the local Appointment At the intermediate Starting salary of $28,526 dealer secures these vehicles, the Department has a significant Daniel Mcquire, 17 Roanoke Pkwy., Buffalo, 14220 chance to purchase these cars for a total cost of $11,000 per REFERRED TO THE COMMITTEE ON CIVIL SERVICE vehicle (which is half the cost of a new vehicle). The cost, broken down, translates into $9,500 for the actual car and FROMTHECORPORATIONCOUNSEL $1,500 for retrofitting the vehicle to meet Buffalo Police NO.100 Department standards. The Department is requesting ACQUISITION-1787CLINTONSTREET permission from your Honorable Body to purchase thirty-one FORMACHNICACOMMUNITYCENTER (31) of these used vehicles at a cost of $341,000. Also, an The City of Buffalo wishes to expand the Peter Machnica additional $50,000 will be necessary to adapt these vehicles for Community Center at 1799 Clinton Street. In order to do this the mobile computer terminals/mounts we currently are placing project as designed, the City of Buffalo has to purchase in all our patrol cars. Thus, the entire expense involved is a improved parcels located at 1787 Clinton Street and 1797 total of $391,000. We have met with Commissioner of Clinton Street. By Item No. 17, C.C.P. dated February 17, Administration and Finance Eva Hassett, who has advised us 1998, the Common Council authorized the Corporation that she approves of this purchase and will find a source of Counsel to proceed with condemnation proceedings for the revenue for the appropriation of these funds. This process will acquisition at 1787 Clinton Street. enable our Department to replace all of our 1993 vehicles with Upon receipt of two (2) independent appraisal reports, an offer 1997 cars. of one hundred twelve thousand dollars ($112,000.00) was The situation with our fleet is becoming more and more critical made. The City's offer was forwarded in accordance with the and will be impacted more so this winter. Eminent Domain Procedure Law. The owner's attorney If you have any questions or require further clarification of the submitted a demand for compensation in the amount of one above, please contact Inspector John F. Brill at extension 4514. hundred eighty-seven thousand, five hundred dollars Thank you for your immediate attention to this matter. ($187,500.00). The owner, Samuel Ciccia, Jr., operates an Mrs. LoTempio moved: existing business at 1787 Clinton Street known as Samson tool That the above communication from the Police Department Rental. He is claiming injury to his business, loss of tenancies in the upstairs apartment and expenses related to moving his The proposal would appear to have problems in its application. business and loss of business as part of his claim for The City is not empowered to make determinations on the damages. amount of property an individual can own. Selecting an After extensive negotiations, the owner has agreed to accept arbitrary number and proscribing a process for an individual to the sum of one hundred thirty-six thousand dollars acquire more property above that number could be seen as a ($136,000.00) as full compensation for the property. The City violation of the individual's constitutional right to property. will also pay for incidental closing costs such as the cost of an Every citizen currently has an obligation to obey the laws of the updated search and survey and filing fees. This settlement will United States of America, the State of New York and the City of save the costs of an eminent domain proceeding, including the Buffalo. Failure to abide by building and housing codes is cost of hiring an appraiser to testify, court costs, and other punishable through fines and/or imprisonment after due expenses related to the court proceedings. In addition, it is process of law. Requiring a citizen to meet the scrutiny of an possible that a condemnation proceeding could result in an appointed board in order to exercise their right to acquire even larger award. Moreover, the settlement will result in property creates an undue burden and may be seen as quicker access to the property and earlier construction by the depriving them of that right. Wealthy property owners who can Division of Buildings. The owner has agreed to close on or afford to maintain various properties would be free to own before September 20,1998. more, while indigent or struggling property owners with records In light of the above, the Law Department and Division of Real in Housing Court would have a higher standard to meet. Such Estate requests that your Honorable Body authorize the treatment could be seen as discriminatory and could fail to acquisition of 1787 Clinton Street for the sum of one hundred meet constitutional scrutiny. thirty-six thousand dollars ($136,000.00), A Citizens Housing Review Board does not appear lawful as Mrs. LoTempio moved: proposed under the current standard of law. That the above communication from the Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION dated August 13, 1998, be received and filed; and That the Director of Real Estate be, and he hereby is NO.104 authorized to acquire 1787 Clinton Street from Samuel Ciccia, RESCINDSALEOF843CLINTONSTREETPURCHASER: Jr., owner of Samson Tool Rental, in the sum of one hundred JAMESCROOM,JR. thirty-six thousand dollars ($136,000.00) for Machnica (ITEMNO.137,C.C.P.,MARCH7,1995) Community Center. The above item was passed by Your Honorable Body during PASSED your meeting of March 7, 1995, authorizing the reconveyance AYES - 13 NOES - 0 of title of 843 Clinton Street to the prior owner Mr. James Croom, Jr. NO.101 The subject property was struck down to the City in In Rem No. NORTHBUFFALOICERINK-UTILITYBILLS 28 Foreclosure Tax Sale. Prior to the sale, there was an ITEMNO.115,C.C.P.,7/21/98 unresolved dispute over the assessment for water bill which You requested a response from the Law Department dated back to 1983. Mr. James Croom purchased the property regarding the request by the North Buffalo Community in 1986. A review by the Division of Water indicated that there Development Corporation (the "Corporation") to amend their was no water or gas services to the subject property since lease with the City for the operation of the North Buffalo Ice 1983. Thus the Division of Water abated the back water Rink. As you are aware, pursuant to Item No. 178, C.C.P., charges of three thousand dollars ($3000.00). 7/26/94, the City authorized the Corporation to operate the Ice It is the City's policy not to reconvey title to a prior owner once Rink on behalf of the City. The amendment they are seeking the City acquired property through tax foreclosure sale. would make the City responsible for outstanding and future However, due to the unusual circumstances in this case, the electricity charges. Common Council authorized the transfer of title back to Mr. As a City owned facility, the City is fundamentally responsible Croom subject to the payment one thousand eight hundred for the costs of electrical service at the Ice Rink. By contract, eighty-five dollars and fifty-five cents ($1885.55) in back taxes we have allowed the Corporation to handle that responsibility. and three hundred dollars ($300.00) In Rem fee. Mr. James Any contract may be subject to renegotiation if all parties to the Croom agreed to pay these costs. contract so desire. It is within the power of the City to accept or The Division of In Rem Properties has indicated that it has no reject the request to amend the lease agreement. At present, way of contacting Mr. Croorn, since it has no current address the lease makes the Corporation legally responsible for the or telephone number on file to effectuate the reconveyance of electric bill. 843 Clinton Street. REFERRED TO THE COMMITTEE ON FINANCE Based on the above and the fact that Mr. Croom has not contacted the City to pay the back taxes since March of 1995, I NO.102 request Your Honorable Body to authorize rescission of the BUFFALOZOOREFERENDUM reconveyance and return of the property to the City's inventory ITEMNO.250,C.C.P.,7/21/98 for future sale. You requested a response from the Law Department REFERRED TO THE COMMTTEE ON FINANCE regarding the proposal to conduct a referendum on relocating the Buffalo Zoo from Delaware Park to the Ohio Basin near the NO.105 Buffalo River pursuant to Section 411 of the Charter of the City PRE-ACQUISITIONHEARING of Buffalo. TRANSCRIPT166,170DARTSTREET Section 411 of the Charter authorizes the Council to conduct a Enclosed for filing and possible public inspection, pursuant to referendum on issues within its power to act. The critical Eminent Domain Procedure Law § 203, is a copy of the determination on this issue is the City's role in the Zoo's transcript from a public hearing held on July 20, 1998 relocation. The City of Buffalo will not solely make the decision regarding the acquisition for public use of 166 Dart Street and whether to move the Zoo, and if so, what that location will be. 170 Dart Street, parcels within the City of Buffalo. That will be determined by the Buffalo Zoological Society. RECEIVED AND FILED Since it is not the City of Buffalo's decision to make, it would be inappropriate to have a referendum on that question. NO.106 If the question is geared toward something within the City's VETO-CLAIM-TIMOTHYSCIOLI purview, then a referendum may be possible. For example, if ITEMNO.128,C.C.P.,7/21/98 the City is in the position of purchasing property, or devoting Timothy Scioli was assigned as a Lieutenant to the City of dollars towards the acquisition of property for the new Zoo Buffalo Homicide Bureau on July 12, 1993. location, there is something tangible for the City to put to In 199 1, Lt. Rautenstrauch had filed a grievance to obtain the referendum. The results of that referendum would be pay rate of an Assistant Chief of Detectives for the period of mandatory and binding. time he served as a commander of the Homicide Bureau. That REFERRED TO THE COMMITTEE ON FINANCE grievance, and one filed in 1994 by Lt. William Conwall, were settled by the City and the PBA on June 26, 1995. Lt. Scioli NO.103 never filed a grievance for the increased rate of pay. The PROPERTYPURCHASINGBOARD settlement resulted in Lts. Conwall, Rautenstrauch and Scioli ITEMNO.244,C.C.P.,7/21/98 receiving an increased rate of compensation from Lieutenant's You requested a response from the Law Department pay to that of Assistant Chief of Detective's for the period of regarding the feasibility of a proposal to create a Citizens time each had served as commander of the Homicide Bureau. Housing Review Board. The Board would review property The settlement agreement specifically limited the time for which purchases of holders of four (4) or more pieces of property Lt. Scioli was entitled to the increased rate of pay as follows: and, if necessary, block the transfer of title until any violations Lt. Timothy Scioli shall be paid the difference in pay between a of applicable housing codes are resolved. police lieutenant and assistant chief of detectives for the period of time he was assigned as assistant chief of detectives in the SOLICITATIONOFFUNDSPERMIT Homicide Unit. Scioli was appointed to the Career Criminal NINETYONECHARITYGOLFCLASSIC Task Force ("CCTF") as a "lieutenant" on Attached is an application for Solicitation of Funds for the May 21, 1994. He remained as the commanding "lieutenant" Ninety One Charity Golf Classic to solicit funds in the Buffalo on the CCTF until his retirement on June 2, 1995 (which was 2 area from September 15, 1998 to October 15, 1998. In weeks before the settlement agreement was reached as accordance with Chapter 316, Article VI of the City of Buffalo described above). Ordinances, I hereby refer this matter to your Honorable Body. The CCTF was never commanded by a person in the position Mrs. LoTempio moved: of Assistant Chief of Detectives. After Lt. Scioli retired, he That the above communication from the Commissioner of was replaced on CCTF by Lt. Chella who also received tile Community Development dated July 15, 1998, be received and lieutenant's rate of pay. The duties of the CCTF commander filed; and have not included the duties of the Assistant Chief of That pursuant to Chapter 316, Article VI of the City Code, Detectives position. Had Lt. Scioli remained in as commander the Director of Inspections, Licenses and Permits be, and he of the Homicide Unit he would have received the Assistant hereby is authorized to grant Ninety One Charity Golf Classic Chief of Detective's rate of pay, Had the Assistant Chief of an exemption to solicit funds in the City of Buffalo from Detective's pay rate been given to Lt. Scioli while he was on September 15, 1998 to October 15, 1998. the CCTF, Lt. Chella and any subsequent CCTF commander PASSED may have had a claim (under past practice and out-of-title pay AYES - 13 NOES - 0 theories) for the increased rate of compensation. After Lt. Scioli testified on behalf of the City, pursuant to NO.110SOLICITATIONOFFUNDSPERMITSOUTH subpoena, in August or September 1995 in the CCTF BUFFALO/LACKAWANNALIONSCLUB arbitration (concerning appointments to the task force), Attached is an application for Solicitation of Funds for South Commissioner Kerlikowske sought to provide Lt. Scioli with a Buffalo/Lackawanna Lions Club to solicit funds in the Buffalo retroactive increase in pay at the Assistant Chief of Detective's area from September 1, 1998 to October 3, 1998. This is an rate for the period of time he served on the CCTF. After some annual event. In accordance with Chapter 316, Article VI of the discussions on this matter, this increase was rejected by then City of Buffalo Ordinances, I hereby refer this matter to your Director of Labor Relations, Greg Joos. Honorable Body. The Director of Labor Relations has the sole authority under Mrs. LoTempio moved: the City Charter (Article 15-A, Section 295.20) to engage in That the above communication from the Commissioner of collective bargaining negotiations with the unions. A pay Community Development dated August 21, 1998, be received increase cannot simply be awarded by a Department head to and filed; and an employee or former employee. It requires the approval of That pursuant to Chapter 316, Article VI of the City Code, the Director of Labor Relations and the employee's union since the Director of Inspections, Licenses and Permits be, and he it is a change in the terms and conditions of employment. hereby is authorized to grant South Buffalo/Lackawanna Lions Such approval was not forthcoming for the reasons outlined Club an exemption to solicit funds in the City of Buffalo from above. September 1, 1998 to October 3, 1998. LAID ON THE TABLE PASSED AYES - 13 NOES - 0 FROMTHECOMMISSIONEROFCOMMUNITY DEVELOPMENT NO. 111 RESTAURANTDANCINGCLASSIII20ALLEN NO.107 Pursuant to Chapter 150 of the City of Buffalo Ordinances, APPOINTMENTDIRECTOROFPLANNINGPRNO.98-34please be advised that I have examined the attached In accordance with the provisions of Section 441 of the application for Restaurant Dancing Class III located at 20 Allen Charter of the City of Buffalo, I hereby transmit the following and find that as to form it is correct. I have caused an Certificate of Appointment:Pursuant to the powers vested in me investigation into the premises for which said application for under the provisions of Section 272 of the Charter, I have Restaurant Dancing Class III is being sought and according to appointed Frank A. Manuele, 52 Summit Avenue, Buffalo, New the attached reports from the Fire Department and the Building York 14214 to the position of Director of the Division of Inspector. I find it complies with all regulations and other Planning in the Department of Community Development. Mr. applicable laws. I have caused an investigation by the Police Manuele's credentials include Master of Arts and Doctorate Department into the moral character of William Krurnowski. degrees from the University of Buffalo in Urban History and The report from the Police Department recommending approval twenty-seven years of progressively responsible educational, is attached hereto for William Krurnowski Bad Boys, Inc. d/b/a planning and development experience. Secrets at 20 Allen. This request is submitted for your Over the past twenty-seven years, Mr. Manuele has held the consideration and whatever action you deem appropriate. positions of Assistant Planner, Project Coordinator, Project REFERRED TO THE COMMITTEE ON LEGISLATION Manager and Principal Planner in the Department of Community Development. He is currently serving as Acting NO.112 Director of Planning. BIDS-FRANCZYKPARKENVIRONMENTAL I hereby certify that Mr. Manuele is fully qualified to fill the INVESTIGATION position of Director of Planning. The Department of Community Development hereby RECEIVED AND FILED requests permission to take bids for the above project, and has asked for and received the following bids for Franczyk Park NO.108 environmental investigation on July 20, 1998: AUTHORIZATIONTO Company Bid PURSUE/RECEIVEENVIRONMENTALPROTECTION Panamerican Environmental $15,485 AGENCYFUNDING Benchmark Environmental $ 9,000 The Department of Community Development requests that Acres International $17,840 the Common Council authorize it to pursue a $200,000 renewal Watts Engineering $18,600 of the original Federal EPA Brownfields Demonstration Pilot I hereby certify that the foregoing is a true and correct Grant, and to receive new funds which may be garnered in this statement of the bids received. We are accepting the low base regard. The original grant allowed the Department's bid of $9,000. Therefore, Benchmark Environmental, 50 Environmental Office to help move the City into a leadership Fountain Plaza, Buffalo, New York, is the lowest responsible role in brownfields development, and that effort should bidder in accordance with the plans and specifications. continue. I recommend that your Honorable Body authorize the City to Mrs. LoTempio moved: order the work on the basis of the low bid. Funds for this work That the above communication from the Commissioner of are available in Bond Fund Account 202-717-005. Community Development dated July 23, 1998, be received and Mrs. LoTempio moved: filed; and That the above communication from the Commissioner of That the Commissioner of Community Development be, and Community Development dated July 28, 1998, be received and he hereby is authorized to pursue a $200,000 renewal of the filed; and That the original Federal EPA Brownfields Demonstration Pilot Grant Commissioner of Community Development be, and he hereby and to receive new funds which may be garnered in this regard. is authorized to award a contract for Franczyk Park, to PASSED Benchmark Environmental, the lowest responsible bidder, in AYES - 13 NOES - 0 the amount of $9,000.00. Funds for the project are available in Bond Fund Account 202-717-005. NO.109 PASSED AYES - 13 NOES - 0 I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on NO.113BIDS-SENECASTREETENVIRONMENTALthe basis of the low bid. Funds for this work are available in the INVESTIGATION City Bond Fund Account #203-717-003 for this project. The Department of Community Development hereby Mrs. LoTempio moved: requests permission to take bids for the above project, and has That the above communication from the Commissioner of asked for and received the following bids for 541 Seneca and Community Development dated August 11, 1998, be received 479 and 481 Alabama Street environmental investigation on and filed; and That the Commissioner of Community July 13, 1998: Development be, and he hereby is authorized to issue change Company Bid order No. 1, to Thomann Asphalt, an increase in the amount of ERM-Northeast $25,200 $1,530.00, as more fully described in the above Panamerican Environmental $28,663 communication, for work relating to Cazenovia Park Phase 3. Olsen & Terzian, P.C. $33,975 Funds for this project are available in City Bond Fund Account Watts Engineering $43,350 #203-717-003. Sear Brown $47,900 PASSED I hereby certify that the foregoing is a true and correct AYES - 13 NOES - 0 statement of the bids received. We are accepting the low base bid of $25,200. Therefore, ERM-Northeast, 3155 Delaware NO.116CHANGEINCONTRACT91943600NEWYORK Avenue, Kenmore, New York, is the lowest responsible bidder STATECLEANWATER/CLEANAIRBOND in accordance with the plans and specifications. ACTBROWNFIELDSSITEEVALUATION I recommend that your Honorable Body authorize the City to As environmental evaluation has proceeded with regard to order the work on the basis of the low bid. Funds for this work the above referenced contract for work with New York State are available in Bond Fund Account 202-717-005. under the New York State Clean Water/Clean Air Bond Fund Mrs. LoTempio moved: for sites on Liberty, E. Ferry, and Kensington Avenue, it has That the above communication from the Commissioner of become evident that some evaluation and costs beyond that Community Development dated August 12, 1998, be received originally contemplated will be necessary. and filed; and Contract Summary: That the Commissioner of Community Development be, and Original Contract Amount $206,578 he hereby is authorized to award a contract for Seneca Street Change Order No. 1 30,000 Environmental Investigation to ERM-Northeast, the lowest Change Order No. 2 9,465 responsible bidder, in the amount of $25,200.00. Funds for the New Contract Amount $246,043 project are available in Bond Fund Account 202-717-005. The proposed issues have been reviewed and approved by PASSED the Environmental Office, Division of Planning. Funds for this AYES - 13 NOES - 0 extra work are available in Account No. B.F. 202-717-005. I recommend that your Honorable Body authorize the NO.114CHANGEORDERNO.1HILLERYCommissioner of Community Development to issue a change PLAYGROUNDMINERALSPRINGSROAD order to Ecology and Environment Engineering, P.C. as set During the construction of the above project certain items forth above. were unforeseen at the time of the bids were left, required Mrs. LoTempio moved: attention. That the above communication from the Commissioner of Therefore, we recommend that the following change be Community Development dated September 2, 1998, be made to Contract No. 91956400 with Buffalo Creek received and filed; and That the Commissioner of Landscaping, Inc.: Community Development be, and he hereby is authorized to 1. Purchase and installation of 3 bleachers, stabilization fabric issue change order No. 2, to Ecology and Environment and fence Add 6,073.00 Engineering, P.C., an increase in the amount of $9,465.00, as Original Contract Amount $159,800.00 more fully described in the above communication, for work Change Order No.1 (this change) $ 6,073.00 relating to New York State Clean Water/Clean Air Bond Act for New Contract Amount $165,873.00 Brownfields Site Evaluation, 91943600. Funds for this project These costs have been reviewed and approved by are available in Account No. B.F. 202-717-005. the project architectural consultant. Funds for this extra work PASSED are available in C.P.A. 203-717-003. I recommend that Your AYES - 13 NOES - 0 Honorable Body authorize the Commissioner of Community Development issue a change order to Buffalo Creek NO.117RESULTSOFNEGOTIATIONS97BOX,776.881W Landscaping, Inc., as set forth above. KEHRVACANTLOT:301X1181ASSESSEDVALUATION: Mrs. LoTempio moved: $5,000 That the above communication from the Commissioner of The Department of Community Development, Division of In- Community Development dated August 14, 1998, be received Rem Properties, has received a request from Mrs. Mary A. and filed; and That the Commissioner of Community Rolack, 99 Box Avenue, Buffalo, New York 14211, to purchase Development be, and he hereby is authorized to issue change the above captioned vacant lot. Mrs. Rolack intends to erect a order No. 1, to Buffalo Creek Landscaping, Inc., an increase in fence and expand the yard. the amount of $6,073.00, as more fully described in the above The Department of Community Development and the communication, for work relating to Hillery Playground, Mineral Division of Collections have no objection to the sale. There are Springs Road, Contract No. 91956400. Funds for this project no building code violations, taxes or other liens owed to the City are available in C.P.A. 203-717-003. of Buffalo by the purchaser. PASSED An independent appraisal of the property was conducted by AYES - 13 NOES - 0 Robert Jones, Appraiser, Jones Real Estate Appraisal & Financial Service, Inc., 1-325 Kensington Avenue, Buffalo, NO.115 New York 14215. He has estimated the value of the parcel to CAZENOVIAPARKPHASE3CHANGEORDERbe Five Hundred Dollars ($500). The Division of In-Rem #1THOMANNASPHALT-CONTRACTOR Properties concurs with the appraisers estimate of value. Painting of the fence posts was to be part of the total work of The results of our negotiations are that Mrs. Mary A. Rolack this contract. Mistakenly, it was left out of the bidding has agreed and is prepared to pay Five Hundred Dollars ($500) documents. Only after the award and during the pre-for this parcel. She has also agreed to pay for the cost of the construction conference was the omission realized. The appraisal, transfer tax, recording fee's and cost of the legal description of work is to scrape, sand the surface of description. approximately one hundred 4ft. high chain link fence posts and I am recommending that Your Honorable Body approve the then prime and apply two finish coats of black rust inhibitor sale of 97 Box Avenue to Mrs. Mary Rolack in the amount of paint to the fence posts. Five Hundred Dollars ($500). I am further recommending that Therefore, due to unforeseen contingencies, we recommend the Corporation Counsel prepare the necessary documents for and request the following Change order be added to this the transfer of title and that the Mayor be authorized to execute contract. the same. CHANGE ORDER #1 TOTAL: $1,530.00 REFERRED TO THE COMMITTEE ON FINANCE Original Contract Amount $54,850.00 Change Order #1: $ 1,530.00 NO.118 Revised Contract Amount: $56,380.00 RESULTSOFNEGOTIATIONS935CLINTON,691W These additional costs and credits have been reviewed by FILLMOREVACANTLOT:25'X115'ASSESSED this Division and are found to be fair. VALUATION:$1,440 937CLINTON,44'WFILLMORE Rem Properties concurs with the appraisers estimate of value. VACANTLOT:25'X115' The results of our negotiations are that Mrs. Smith has ASSESSEDVALUATION:$1,440 agreed and is prepared to pay Five Hundred Dollars ($500), for The Department of Community Development, Division of In-this parcel. She has also agreed to pay for the cost of the Rem Properties, has received a request from Mr. Ahmed appraisal, transfer tax, recording fee's and cost of the legal Yamin, 949 Clinton Street, Buffalo, New York 14210, to description. purchase the above captioned vacant lots. Mr. Yamin owns I am recommending that Your Honorable Body approve the and resides in a commercial building at 949 Clinton. Mr. Yamin sale of 387 Woodlawn Avenue to Mrs. Susie M. Smith in the intends to use 935 and 937 Clinton Street for parking and amount of Five Hundred Dollars ($500). I am further expansion of his yard. recommending that the Corporation Counsel prepare the The Department of Community Development and the necessary documents for the transfer of title and that the Mayor Division of Collections have no objection to the sale. There are be authorized to execute the same. no building code violations, taxes or other liens owed to the City REFERRED TO THE COMMITTEE ON FINANCE of Buffalo by the purchaser. An independent appraisal of the property was conducted by NO.121 Richard Bronstein, Appraiser, Bronstein Appraisal Service, TRANSFEROFTITLE,URBANHOMESTEAD 3666 Main Street, Buffalo, New York 14226. He has estimated PROGRAM112BARTHEL(CITYOWNED-VACANT the value of the parcels to be Two Thousand Seven Hundred LOT,DIMENSIONS30'X79') Fifty Dollars ($2,750), forty seven cents (47) a square foot. The Department of Community Development has surveyed The Division of In-Rem Properties concurs with the appraisers the city-owned vacant lot at 112 Barthel Street, Buffalo, New estimate of value. York 1421 1, parcel is 30' x 79' in dimension; and it has been The results of our negotiations are that Mr. Yamin has determined that this parcel is inappropriate for either the agreed and is prepared to pay Two Thousand Seven Hundred construction of new housing or needed for public purposes. Fifty Dollars ($2,750), for both parcels. He has also agreed to Mr. Tyus L. McClain, residing at 108 Barthel Street indicated pay for the cost of the appraisal, transfer tax, recording fee's that he will clean, improve and maintain the lot in the event that and cost of the legal descriptions. he obtains title to the property under the Urban Homestead I am recommending that Your Honorable Body approve the program. sale of 935 and 937 Clinton Street to Mr. Ahmed Yamin in the The Division of Inspections and Division of Collections have amount of Two Thousand Seven Hundred Fifty Dollars been contacted. There are no property code violations, taxes or ($2,750). I am further recommending that the Corporation other liens owed to the City of Buffalo by the homesteader. Counsel prepare the necessary documents for the transfer of We, therefore, recommend that the city-owned vacant lot to be title and that the Mayor be authorized to execute the same. designated as a Homestead Property and be transferred to Mr. REFERRED TO THE COMMITTEE ON FINANCE Tyus McClain on the condition that the property is cleared and improved within (6) months and maintained in a sanitary NO.119 manner. RESULTSOFNEGOTIATIONS274REED,343.751SREFERRED TO THE COMMITTEE ON COMMUNITY GENESEEVACANTLOT:30'X105' DEVELOPMENT ASSESSEDVALUATION:$1,400 The Department of Community Development, Division of In-NO.122 Rem Properties, has received a request from Eloise Hall, 276 TRANSFEROFTITLE,URBANHOMESTEADPROGRAM Reed Street, Buffalo, New York 14211, to purchase the above 112EDNA(CITYOWNED-VACANTLOT, captioned vacant lot. Ms. Hall resides at 276 Reed Street and DIMENSIONS53'X144') intends to use the lot for extra yard space. The Department of Community Development has surveyed The Department of Community Development and the the city-owned vacant lot at 112 Edna Place, Buffalo, New York Division of Collections have no objection to the sale. There are 14209, parcel is 53' x 144' in dimension; and it has been no building code violations, taxes or other liens owed to the City determined that this parcel is inappropriate for either the of Buffalo by the purchaser. construction of new housing or needed for public purposes, An independent appraisal of the property was conducted by since soil conditions prohibit new construction. Jones Real Estate Appraisal & Financial Service, Inc., 1325 Ms. Alberta Berry, residing at 108 Edna Place indicated that Kensington Avenue, Buffalo New York 14215, Mr. Robert she will clean, improve and maintain the lot in the event that Jones, appraiser. He has estimated the value of the parcel to she obtain title to the property under the Urban Homestead be Five Hundred Dollars ($500). The Division of In-Rem program. Properties has investigated the sales of similar properties in the The Division of Inspections and Division of Collections have area. Sales prices range from Twenty-Five Cents (.25) to Fifty-been contacted. There are no property code violations, taxes or Three Cents (.53) a square foot. other liens owed to the City of Buffalo by the homesteader. The results of our negotiations are that Ms. Eloise Hall has We, therefore, recommend that the city-owned vacant lot to agreed and is prepared to pay Eight Hundred Dollars ($800), be designated as a Homestead Property and be transferred to Twenty-Five Cents (.25) a square foot), for this parcel. She Ms. Alberta Berry on the condition that the property is cleared has agreed to pay for the cost of the appraisal, transfer tax, and improved within (6) months and maintained in a sanitary recording fee's and cost of the legal description. manner. I am recommending that Your Honorable Body approve the REFERRED TO THE COMMITTEE ON COMMUNITY sale of 274 Reed Street to Ms. Eloise Hall in the amount of DEVELOPMENT Eight Hundred Dollars ($800). I am further recommending that the Corporation Counsel prepare the necessary documents for NO.123 the transfer of title and that the Mayor be authorized to execute TRANSFEROFTITLE,URBANHOMESTEADPROGRAM the same. 1626AND1628GENESEE REFERRED TO THE COMMITTEE ON FINANCE The Department of Community Development has received a request from Habitat for Humanity to homestead the following NO.120 City owned vacant lots for the purpose of constructing new RESULTSOFNEGOTIATIONS387WOODLAWN,330.25'Wresidential housing. ROEHRERVACANTLOT:25'X105'ASSESSED 1626 Genesee 1628 Genesee VALUATION:$1,500 Lot Size: 39' x 142' Lot Size: 39' x 142' The Department of Community Development, Division of In- w/a/p l' x 30' in NW Comer Rem Properties, has received a request from Mrs. Susie M. Habitat for Humanity intends to construct single family Smith, 395 Woodlawn Avenue, Buffalo, New York 14208, to houses on these sites. It has been determined that these purchase the above captioned vacant lot. Mrs. Smith owns and properties are not needed for any public purpose or resides in a two family dwelling at 395 Woodlawn and also development. owns the vacant lots at 393 and 391 Woodlawn. Mrs. Smith We, therefore, recommend that the city-owned vacant lots intends to fence in the area and expand her yard. mentioned above be designated as Homestead Properties and The Department of Community Development and the be transferred to Habitat for Humanity on the conditions that Division of Collections have no objection to the sale. There are the hornsteader construct new housing within twelve months of no building code violations, taxes or other liens owed to the City title transfer and that the homesteader occupy the premises for of Buffalo by the purchaser. a period of not less than thirty-six (36) months. An independent appraisal of the property was conducted by I am further recommending that the Corporation Counsel Dennis Walker, Appraiser, Able Associates, 43 St. Paul Street, prepare the necessary documents for the transfer of title and Buffalo, New York 14209. He has estimated the value of the that the Mayor be authorized to execute the same. parcel to be Five Hundred Dollars ($500). The Division of In-REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.127 NO.124 NODEMOFOR923WASHINGTONST. TRANSFEROFTITLE,URBANHOMESTEADPROGRAM I have been asked to advise the Council on the advisability of 200PROSPECT(CITYOWNED-VACANTLOT,appealing the decision of the Surrogate Court determination DIMENSIONS25'X100') that the direction to demolish the "Beck Residence" at 923 The Department of Community Development has surveyed Washington St., in Miss Beck's will, is a proper testamentary the city-owned vacant lot at 200 Prospect, the parcel is 25' x provision. BURA Counsel advises me that the simple answer 100' in dimension; and it has been determined that this parcel to the question is that no appeal is necessary since the cannot be sold, is inappropriate for either the construction of decision does not require the City to issue a demolition permit if new housing or needed for public purposes. there are other legal impediments for doing so. For example, if Mrs. Zoraida Matos, residing at 198 Prospect Street the issuance of a permit is automatically stayed by the indicated that she will clean, improve and maintain the lot in the application for historic designation, the Surrogate's event that she obtains title to the property under the Urban determination would not be controlling. Therefore, in any Homestead program. application for historic designation, the applicant's attorney will The Division of Inspections and Division of Collections have be responsible for communicating with the Preservation Board been contacted. There are no property code violations, taxes or and the permits office. Should an application for demolition be other liens owed to the City of Buffalo by the homesteader. made, and no automatic stay be in place, the question as to We, therefore, recommend that the city-owned vacant lot be whether above referenced Resolution would prevent the designated as a Homestead Property and be transferred to issuance of the permit, would be one more properly directed to Mrs. Zoraida Matos on the condition that the property is cleared the Corporation Counsel's Office. and improved within (6) months and maintained in a sanitary REFERRED TO THE COMMITTEE ON FINANCE - manner. REFERRED TO THE COMMITTEE ON COMMUNITY NO.128 DEVELOPMENT HYDROSEEDPROGRAM/LOTMAINTENANCE COUNCILMEMBERFONTANA NO.125 The Department of Community Development has contracted OFFERFOR23FAIRVIEW,2361NESENECA a private landscape contractor to perform the duties of LOTSIZE:11X1001 hydroseeding 120 City-owned vacant lots. This contractor was ASSESSEDVALUATION:$100.00 the only contractor to respond to the RFQ. Furthermore, the The Department of Community Development, contractor's bid was approximately at three cents per sq. ft. Division of In-Rem Properties, has received a request to We found this bid to be a very low and reasonable price. The acquire the above mentioned property from Ms. Cheryl L. total cost for hydroseed will be $10,800. Danzer and Mr. David P. Grotke, 21 Fairview Street. The Prior to bidding out for a private contractor, our department parcel is adjoining their home at 21 Fairview. They intend to considered the costs of utilizing city workers vs. a private use the parcel for extra yard space. contractor. We found that the City crews did not have The Department of Community Development and the hydroseeding equipment available, nor did they have the staff Division of Collections have been contacted and have no available to perform the work. In order for City crews to do the objection to the sale. There are no building code violations, work, manpower would have to be hired, hydroseeding taxes or other liens owed to the City of Buffalo by the equipment would have had to be leased, and hydroseeding purchasers. material would have had to be purchased. With all of these Ms. Danzer Mr. Grotke have offered One Hundred Dollars factors considered, the cost of utilizing City crews would be far ($100) for the parcel, which represents a price of One Dollar more costly than a private contractor. ($1.00) per square foot. They have also agreed to pay for the By stipulating in the RFQ that the chosen contractor must cost of transfer tax, recording fees and legal description. use a Red Fescue mixture, this minimizes the need for vacant I am recommending that Your Honorable Body approve the lot maintenance. The Red Fescue blend of hydroseeding offer of One Hundred Dollars ($100) from Ms. Cheryl L. stimulates the grass to grow only to a height that requires little Danzer and Mr. David P. Grotke for 23 Fairview Street. I am or no cutting. further recommending that the Corporation Counsel prepare Attached is the list of vacant lots that were submitted with the necessary documents for the transfer of title and that the the RFQ that are presently ready for hydroseeding. This list Mayor be authorized to execute the same. consists of 120 vacant lots from last year's demo activity. In REFERREDTOTHECOMMITTEEON FINANCE the upcoming month, we expect to have approximately 80 6 Providence Street additional lots for hydroseeding available, and approximately 100 additional lots thereafter in the upcoming months. NO.126 RECEIVED AND FILED LOTSIZE:301X1001 PORTIONOFFORMERPROVIDENCESTREET NO.129 LOTSIZE:251X301 INVESTIGATEBUSINESS-177WEST The Department of Community Development, ITEM#215.C.C.P.JULY7,1998 Division of In-Rem Properties, has received a request to In response to the above stated Common Council acquire the above mentioned properties from Mr. Daniel Cian Communication I would like to supply your Honorable Body with and Mrs. Marian Cian. the following information. As per your request Building The two parcels consist of a 301 x 100, landlocked parcel of Inspector Louis Pertrucci performed an inspection on the the former Providence Street subdivision and a 25, x 30, twentieth of July 1998. This area of West Avenue, not only at landlocked portion of Providence Street which was abandoned 177 West but the adjacent properties, has generated numerous by the City, Item #160, C.C.P. 11/15/83. The parcels are car repair complaints. This is due to the fact that three of these adjacent to the Cian's home. properties ( 159, 177 and 179 West ) have commercial The Department of Community Development and the garages attached to them. Inspector Petrucci has met Mr. Diaz Division of Collections have been contacted and have no numerous times on the site and has never seen car repairs objection to the sale. There are no building code violations, taking place at 177 West Avenue. The complainant and or taxes or other liens owed to the City of Buffalo by the complainants have stated numerous times that these repairs purchaser. occur on weekends and evenings when the inspection staff is Mr. and Mrs. Cian have offered Five Hundred Dollars ($500) not working. Mr. Diaz owns both 175 and 177 West Avenue. for the two parcels. This represents approximately Thirteen Both of these properties are in much better shape than the Cents (.13) a square foot for the parcels. Sales price for surrounding properties. Building Inspector Petrucci most similar parcels range from Ten Cents (.10) a square foot to recently had cause to Inspect 169, 175, 177,and 179 West. Fifteen Cents (.15) a square foot. They have also agreed to 169 West is a vacant lot, which has been cleaned and cut, 175 pay for the cost of transfer tax, recording fees and legal West had two licensed vehicles in the rear yard. A muffler and description. a few auto parts also exist at the rear of 175 west. At 177 I am recommending that Your Honorable Body approve the West, Mr. Diaz, who also owns a repair shop located off sale of 6 Providence Street and a 251 x 30' portion of the Niagara Street occasionally drives his tow truck to his home on former street to Mr. Daniel and Marian Cian in the amount of West Avenue. It is a violation of City Ordinances to store a Five Hundred Dollars ($500). I am further recommending that commercial vehicle in an R-2 Zone. At 179 West, there is a the Corporation Counsel prepare the necessary documents for vehicle in disrepair stored at the rear of the garage. The owner the transfer of title and that the Mayor be authorized to execute of this property was sent a Notice of Violation to remove this the same. vehicle. There also exists the question of the garage behind REFERRED TO THE COMMITTEE ON FINANCE 177 West. It was erected allegedly prior to this Building Inspector being assigned to this inspection district. The statute Currently the Streets Department is responsible for of limitation has expired to pursue the owner for a permit. It is maintaining approximately 10,800 vacant lots in the City of my sincere hope that this response satisfies your inquiry. Buffalo. So far we managed to cut 2000 lots, both city and REFERRED TO THE COMMITTEE ON LEGISLATION privately owned. REFERRED TO THE COMMITTEE ON BUDGET NO.130 PROPOSEDPROPERTYPURCHASINGBOARD NO.135 ITEM#244.C.C.P.JULY21,1998 USERFEE:COMMERCIALINFORMATIONREQUEST In response to the above stated Common Council I apologize for the delay in getting this information to you. I Communication I would like to supply your Honorable Body with have received copies of the reports that you have requested. the following information. As your Honorable Body is aware, However, due to the size of the reports, and since I did not The Department of Community Development Division of want to wait any longer to get this information to you, I have left Inspections, Licenses and Permits is the enforcement agency copies of the reports with Bill Nowak. The reports that he has for the Housing and Property Code of the City of Buffalo. In copies of are as follows: conjunction with the Housing Court of the City of Buffalo, we Commercial property owners who have an outstanding used have prosecuted countless cases against property owners that fee balance since January 1, 1998 (146 Pages). are in violation of these ordinances. Your Honorable Body is 2. Commercial properties that have private contracts for the correct in the assumption that many of the properties that are collection of solid waste and recycling (65 pages). "problem properties" are indeed owned by owners of multiple 3. List of active contracts between the City and commercial units in the City of Buffalo. The conception of a Property properties (4 pages). Purchasing Board is an idea that may have to be referred to the 4. Report of commercial revenue calculations for the 1998- Department of Law as to the legality of such a pursuit. We in 1999 Fiscal Year.. the Department of Community Development, Division If you should have any questions regarding this information, Inspections, Licenses and Permits are in support of and are please contact me. Once again, I apologize for the delay in willing to assist in any way to further programs that will assist getting this information to you. In the future all requests for our Department in our war on blight. It is my sincere hope that information will be responded to much more expeditiously. this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON BUDGET REFERRED TO THE COMMITTEE ON LEGISLATION NO.136 NO.131 PURCHASEOFUSEDEQUIPMENTFORTHEEASTSIDE "B.GRAY-INSPECTIONVIOLATION-141WILLIAMST." TRANSFERSTATION(ESTS). (#82CCPJUNE9,1998) The Department of Street Sanitation is making final As of this date, the house number's have been put back on. preparations for taking over the ESTS on October 5, 1998. As REFERRED TO THE COMMITTEE ON COMMUNITY part of these preparations, our staff has been researching DEVELOPMENT equipment that will be required to operate the facility. The equipment that will be needed includes the following: NO.132 1. 1997 CAT - 330 (high cab) with refuse grapple RESPONSE-HOMESTEAD346MASTENAVENUETOattachment. This is an excavator to be used for top loading AFRICANCULTURALCENTERITEM#109,C.C.P.7/21/98 transfer trailers. The condition of the excavator is very good. This above has been referred to this office for a response. 2. 1995 CAT - 980 with 7 yard refuse bucket. This heavy The item is a communication from the African Cultural Center, duty high lift is to be used to stage the solid waste materials as 350 Masten Avenue, Buffalo, New York, requesting to they are delivered to the facility, as well as for scraping up homestead 346 Masten Avenue, which is adjacent to the spilled solid waste materials. The condition of the high lift is Cultural Center. good. The City owned property at 346 Masten, was acquired by the 3. Scale - To weigh the solid waste as it is delivered to the City of Buffalo through tax foreclosure, In Rem #31, 11/13/97. facility. The property consisted of a two family home, situate on a lot This equipment is currently being utilized by CID, the 441 x 196', which was recently destroyed by fire and has been contractor currently operating the ESTS. They are using this demolished. equipment for the same purpose that we would be using this The City of Buffalo Urban Homestead Act was equipment. We have examined this equipment, and have enacted in the 1970's to return eligible residential properties to found it to be in good condition, and in working order. Both the tax rolls through acquisition by eligible homesteaders for pieces of equipment have been maintained under a One Dollar. maintenance contract with Caterpillar (the manufacturer). There are no provisions in the Urban Homestead Act or the Regular maintenance has been performed, resulting in the City of Buffalo Charter that would allow the homestead or good condition that both pieces of equipment are in. We transfer of the above property without receiving fair and anticipate continuing this maintenance agreement as we are adequate consideration from the African Cultural Center, a tax not able to perform regular maintenance on site. The cost for exempt not-for-profit organization. both maintenance agreements will be approximately, $11,000. The African Cultural Center can acquire the city-owned 00. vacant lot through a negotiated sale or lease of the property for This equipment is necessary to allow our facility to both top a period of up to three years with an option to purchase. load transfer trailers, in addition to the rear load operation we The Cultural Center should contact the Division of In-Rem have been testing for the past year under our direct haul Properties, room 323 City Hall, if they are interested in program. It will be necessary to top load trailers initially to haul acquiring the property through a purchase or lease. solid waste until our ramp has been constructed. Currently we REFERRED TO THE COMMITTEE ON COMMUNITY can only load one trailer at a time with our portable ramp. The DEVELOPMENT new ramp to be constructed will allow us to load four (4) trailers at one time. We would not be able to rear load under a full NO.133 scale operation until this ramp has been completed. Once the CERTIFICATEOFAPPOINTMENT ramp has been built, it will provide the transfer station with the Appointment Effective August 31, 1998, in the Department flexibility to both haul in a traditional top loading operation, as of Community Development, Division of Development, to the well as the rear loading system. Also, being able to operate Position of Project Manager, Permanent, Non-Competitive at under both methods will give us the flexibility to allow additional the: Intermediate Starting Salary of $30,309 waste to be accepted from outside the City in the future. This Francisco Guzman, 259 Abby Street, Buffalo, NY 14220 is a potential source of revenue for the Enterprise Fund. REFERRED TO THE COMMITTEE ON CIVIL SERVICE The cost for the above equipment is as follows: Used Asking Price Price for New Equipment FROMTHECOMMISSIONEROFSTREETSANITATION 1. Excavator $175,000.00 $259,185.00 2. High Lift $ 54,000.00 $280,000.00 NO.134 3 . Scale $ 5,000.00 $ 40,000.00 VACANTLOTSCLEARINGANDCUTTING Total $234,000.00 $579,185.00 In response to a request by the Special Committee on the We respectfully request approval of this equipment. If you Budget for a listing of vacant lots cut by the Street Sanitation should have any questions regarding this request, please Department, please find the two (2) attached reports. contact me at 851-5949. Thank you for your consideration in The larger report, in the green covers, is a listing of all vacant this matter. lots in the City that the Streets Department is responsible for Mrs. LoTempio moved cutting. The second report labeled, "Vacant Lots Cut To Date", That the above communication from the Commissioner of is a listing of all vacant lots cut to date. Street Sanitation dated September 2, 1998, be received and filed; and FORPAYMENTOFASUMEQUALTOTHEDIFFERENCE That the Commissioner of Street Sanitation be, and he BETWEENWAGESPAIDANDWORKER'S hereby is authorized to purchase the above-listed equipment in COMPENSATIONBENEFITS the amount of $234,000.00 for the operation of the East Side Mr. Steven Miska, Assistant Director of Labor Relations, was Transfer Station. on disability from 07/20/98 through August 09, 1998. Pursuant Passed. to City ordinance Chapter 35, Article Vi, Section 22, each AYES-13, NOES-0 employee is entitled to a difference in pay allowance under the NO.137 provisions of the Worker's Compensation Law. CERTIFICATEOFAPPOINTMENT Therefore, Mr. Miska is entitled to a difference in Pay. The Appointment Effective: in the Department of Division normal salary for 10 days is $1,530.45 (based on a daily rate of of to the Position of July 27, 1998, Street Sanitation, Director of $153.04) less deductions for federal Tax 111.17; NY State Animal Control, PERMANENT, APPOINTMENT,MAXIMUM Tax- 53.86; FICA and Medicare 116.64 and NY State Tier IV $34,102 retirement contribution - 45.91 equaling total deductions of Kelly M. McCartney, 48 Radcliffe Road, 3/22/62 $327.58. The payments to Mr. Miska under Worker's REFERRED TO THE COMMITTEE ON CIVIL SERVICE Compensation is $800.00 bi-weekly making the difference due $402.87 Bi-weekly. NO.138 REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATEOFAPPOINTMENT AND THE CORPORATION COUNSEL Appointment Effective: July 27, 1998 in the Department of Street Sanitation , Division of, to the Position of Dog Control NO.145 Officer, PERMANENT, PROMOTION, at the MAXIMUM, INVESTIGATEBUSINESSLOCATEDAT Starting Salary of: $26,431 893JEFFERSONAVENUE William Vivian, 147 Whitfield Avenue, Bflo, New York 14213 C.C.P.#178,6/9/98 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Please be advised that I have investigated you complaint at 893 Jefferson. The repair shop has been warned not to repair NO.139 or store vehicles on the street and to keep the area around their CERTIFICATEOFAPPOINTMENT business clean. This division will monitor the situation daily. Appointment Effective: in the Department of Division RECEIVED AND FILED of to the Position of, July 27, 1998, Street Sanitation, Dog Control Officer, Permanent, Appointment, $24,322 NO.146 Charles L. Loubert, 906 Prospect Ave, Bflo, N Y 14213 INVESTIGATEBUSINESS-177WESTAVENUE REFERRED TO THE COMMITTEE ON CIVIL SERVICE ITEM#215,C.C.P.07/07/98 This is to advise that my office investigated the above NO.140 referenced Council Item . CERTIFICATEOFAPPOINTMENT A vacant lot at 169 West had a tow truck on it. The owner Appointment Effective 5/31/98, in the Department of moved the truck. There were no vehicles parked in the alley or Street Sanitation, to the Position of Street Worker, Permanent, on the Street. Non-Competitive, at the Intermediate, Starting Salary of Behind 177 West looks like a repair shop in yard. $25,515 We are enforcing daily. Jules A. Stover, 85 Weber Street, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.147 NO.141 PROSPERINTERESTARBITRATION CERTIFICATEOFAPPOINTMENT CCP#185,4/14/98 This administration is supportive of the use of one-officer Appointment Effective August 17, 1998, in the Department of patrols in selective areas and times within the Buffalo police Street Sanitation, to the Position of Exterminator, Permanent, force. We are working along with the Police Department to appointment, second step, at the Starting Salary of $24,322 identify those places and times where one-officer patrols make Thomas Hudak, 18 Ardmore Place, Bflo, New York 14213 sense from both a public safety and a fiscal point of view. REFERRED TO THE COMMITTEE ON CIVIL SERVICE Once we have developed a good analysis of the costs and benefits and--from that--a good proposed plan, I am confident NO.142 that we can enter into discussions with the PBA. CERTIFICATEOFAPPOINTMENT I would be happy to answer any questions you might have. Appointment Effective August 17, 1998 in the Department of REFERRED TO THE SPECIAL COMMITTEE ON POLICE Street Sanitation, to the Position of Exterminator REORGANIZATION Permanent, appointment, fifth step. at the Starting Salary of $26,431. NO.148 Michael H. Murphy 1 90 Auburn Avenue Bflo, N Y 14213 AFFIRMATIVEACTIONPLAN REFERRED TO THE COMMITTEE ON CIVIL SERVICE This letter is in response to your request from the June 30, 1998, Civil Service Committee meeting and reflects the FROMTHECOMMISSIONEROFADMINISTRATIONANDdiscussion that occurred between Sr. Deputy Commissioner FINANCE Allen and the Civil Service Committee on July 14. The City of Buffalo has revised the Affirmative Action Plan for Equal NO.143 Employment Opportunity to read as follows: AUDIT-TRAFFICADJUDICATIONPROGRAMCCP#29, 1. Page 11, "Accordingly, the EEO Coordinator for the City of 7/21/98 Buffalo, Labor Relations Director, (716) 851-4270, shall be Representatives of Administration and Finance, PVB and changed to read, "Senior Deputy Commissioner of Human Law met with the Division of Audit soon after the Comptroller's Services, (716) 851-5530..." release of the referenced report. 2. Page 13, Internal & External Dissemination of Policy, It was the consensus of those at the meeting that the Objectives, (A), (B), (C), (D), and (1), shall be changed from numbers contained in the report concerning both revenues and "Director of Labor Relations" to "Senior Deputy Commissioner expenses of the existing DMV-based adjudication program of Human Services." were preliminary and needed to be confirmed before any further 3. Page 15, Establishment of Responsibilities for analysis of alternatives could take place. As we were advised Implementation of Affirmative Action Plan, Objectives (A), (1), by the City Auditor that the numbers in the report were obtained (3a), and (3d), shall be changed from "Director of Labor only through much difficulty, we agreed that the Law Relations" to "Senior Deputy Commissioner of Human Department would investigate the City's authority in obtaining Services." good numbers through a formal request. Once we can verify 4. Page 24, Establishment of Goals and Timetables, the accuracy of the revenue and expense figures, and the basis paragraph 2 shall be changed from "Director of Labor for the expenses, we can analyze the prospect of the City Relations" to "Departmental goals shall be forwarded to the taking over the operation of the function and receiving the "Senior Deputy Commissioner of Human Services." revenues. 5. Page 26, Action Programs to Attain Goals and Objectives, I would be happy to answer any questions you might have. Recruitment, (5), (6), shall be changed from "Director of Labor REFERRED TO THE COMMITTEE ON FINANCE Relation' to "Senior Deputy Commissioner of Human Services," 6. Page 31, Internal Monitoring and Evaluation Systems, NO.144 Objectives, (A), (B), (C), (D), (E), (F), and (G), shall be APPROVALTOSUBMITASUPPLEMENTALPAYROLLchanged from "Director of Labor Relations" to "Senior Deputy Commissioner of Human Services." $10,000.00. As a result, a plan that provides timetables and goals to The City of Buffalo has done substantial business with this diversify the total City work force, summarized reports on hiring company and have never encountered any problems with them. patterns, and equal employment opportunity information shall Mrs. LoTempio moved: be forthcoming from Sr. Deputy Commissioner Allen, That the above communication from the Commissioner of Your cooperation is greatly appreciated. If you have any General Services dated August 25, 1998, be received and filed; questions, you can contact, Brian Stocker, at 4270. and REFERRED TO THE COMMISSIONER OF CIVIL SERVICE That the Commissioner of General Services be, and he hereby is authorized to waive a Performance Bond for FROMTHECOMMISSIONEROFHUMANSERVICES,purchase order #91950601 to Roberts Equipment. PARKSANDRECREATION Passed. AYES-13, NOES-0 NO.149 RESPONSETOAUDITREPORT NO.155 Report of Audit; Department of Human Services, Parks CERTIFICATEOFAPPOINTMENT & Recreation; Division of Parks & Recreation Appointment Effective in the Department of General Services The Department of Human Services, Parks and Recreation Division of Inventory & Stores to the Position of Supt. Auto is in general agreement with the results/recommendations of Supplies, Permanent, Appointment, at the: Maximum, Starting the Comptroller's "Report of Audit". Salary of $33,341 Staff from the Comptroller’s Office has agreed to continue to David Lawler, 1042 Abbott Rd, Buffalo, New York 14220 work with Department Staff to institute the recommended FROM THE CIVIL SERVICE COMMISSION changes. Our department's ultimate goal is to maximize revenue by closing loopholes and increasing accountability. FROM THE CIVIL SERVICE COMMISSION The Comptroller's staff should be commended for their professionalism and follow through on implementing improved NO.156 accounting procedures in our Department. UPCOMINGPOLICEOFFICEREXAMINATION REFERRED TO THE COMMITEE ON FINANCE The Civil Service Commission will be administering a Police Officer exam on January 9, 1999. As you are aware, the NO.150 City of Buffalo is under an Affirmative Action Court Order for REQUESTABATEMENTFOR this position. The Commission has engaged an outside RENT-DELAWAREPARKCONCESSION consultant to develop and administer an exam that is in We ask Council approval to abate the full rent for the new, accordance with this Order. first year concession in Delaware Park named "The Deli at Since this exam will be a great expense for the City of Delaware" (formerly "the Juicery"). The total annual rent owed Buffalo, we are increasing the exam fee from $10.00 to $25.00 to the City is $9,600. to try to alleviate some of the financial burden. (Fee waivers will Enclosed, please find a letter dated July 26, 1998 which still be accepted when requirements are met). outlines the startup problems encountered by the new REFERRED TO THE COMMITTEE ON CIVIL SERVICE concessionaire. AND THE CORPORATION COUNSEL We have verified all the information supplied in the concessionares' letter and support the full abatement of rent for FROMTHEBOARDOFEDUCATION the Deli at Delaware. REFERRED TO THE COMMITTEE ON FINANCE AND THE NO.157 CORPORATION COUNSEL EARLYRETIREMENTINCENTIVE The intent of this letter is to respond to the Common NO.151 Councils’ July –7th received by the Board of resolution, CERTIFICATEOFAPPOINTMENT education on July 16, 1998.The Board of Education has Appointment Effective: August 26, 1998 in the Department elected not to offer the early retirement incentive program to its of Human Services Division of Senior Citizens, to the Position employees. The budget for 1998-99 calls for increasing staff of Senior Citizen Aide, Provisional, Appointment, at the so that a plan could not be developed the requisite to show Intermediate, Starting Salary of: $22,499 50%In addition, in some cases, the Board would be savings. Deborah Gavazzo 201 West Ferry Street Bflo, N. Y 14213 paying for benefits sooner and thus incur additional Costs. Dierdre E. Cotter 348 Ashland Avenue Bflo, N Y 14222 RECEIVED AND FILED REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.158 NO.152 INCREASEINSTIPEND CERTIFICATEOFAPPOINTMENT Whereas: The Citizen Salary Review Commission Appointment Effective August 31, 1998 in the has reviewed the salaries of the Mayor, Comptroller, Council Department Human Services, Division of Senior Citizens to the President and Council Members; and Position of Senior Citizen Aide, Provisional, Appointment, at Whereas: The Council did approve an amendment the: Intermediate. Starting Salary of $ 23,669Lisa Masiello, 36 to Section 452/a/ of Article 24 of the City Charter to include Avery Place Buffalo, New York 14216REFERRED TO THE Board Members in the salary review process; and COMMITTEE ON CIVIL SERVICE Whereas: The Board Members were the only elected FROMTHECOMMISSIONEROFGENERALSERVICES officials whose salary was not reviewed; and NO.153 Whereas: The Board Members have not had a SALEOFOLDMAILROOMMACHINES increased stipend (salary) since 1986; and We solicited bids for below described equipment and only Whereas: The Board of Education budget over this one company responded. Would like to sell equipment to them. twelve year period has increased from $207,000,000 to Pitney Bowes mail machine $1,200.00 $426,000,000; and Scriptomatic labeler & conveyor $200.00 Whereas: The Board of Education employs over Brittany Industries is willing to pay in certified funds. 7,000 individuals and hands out over 10,000 W-2's annually; Letter attached and Mrs. LoTempio moved: Whereas: The Board Members minimum weekly That the above communication from the Commissioner of workload averages twenty five hours due to reading General Services dated September 1, 1998, be received and requirements, meetings and Board events; and filed; and Whereas: The current $5,000 stipend (salary) That the Commissioner of General Services be, and he converts to an hourly rate of $3.85; and hereby is authorized to sell the above-listed equipment to Whereas: The Board Members receive no special Brittany Industries, the highest responsible bidder. parking privileges and more importantly no health insurance; Passed. and AYES-13, NOES-0 Whereas: The Board Members in Rochester and New York City receive $15,000 for members plus additional for NO.154 the president; and WAIVEROFPERFORMANCEBOND Whereas: For the aforementioned reasons along The Purchase Division of General Services is requesting with heavier meeting schedules Now, Therefore, Be It waiver of Performance Bond for Purchase Order #91950601 to Resolved: Roberts Equipment. The amount of the Purchase Order is That the Salary Review Commission be asked to convene for $10,234.00, only $234.00 over the required amount of the purpose of reviewing the Board of Education Members stipend (salary); and Be It Further Resolved: TELECOMMUNICATIONS That the Salary Review Commission receive this resolution along with the Board's recommendation of an increase from NO.162 5,000 to $ 10,000 which the Board has the appropriate funding OFFICEOFTELECOMMUNICATIONSCHECKS for. SUBMITTEDBYTCI/PAMASSOS REFERRED TO THE MAYOR Just to clarify, here is an explanation of the checks submitted to the Comptroller's Office on July 31, 1998 by TCI/Parnassos. FROMTHEBUFFALOMUNICIPALHOUSINGAUTHORITY 1.) Check # 5995343 - $395,000 - This represents the up- front payment of the remaining funds for both Educational NO.159 Access and Governmental Access due over the term of the RES.#271,CCP.JULY21,1998(NIAGARAMOHAWKfranchise agreement. TCI was required to pay $350,000 AGGREGATECITY/AGENCYACCOUNTS) Educational Access in $35,000 annual payments, $70,000 of At the request of Executive Director Sharon M. West, I am which had been paid. It was also required to pay $300,000 for responding to your letter of July 22, 1998, in which you Governmental Access, $150,000 of which had already been attached a copy of the above-referenced resolution and asked paid. Therefore, $245,000 of this $395,000 should go to the for the Buffalo Municipal Housing Authority's response. Educational Access account and the remaining $150,000 We have reviewed the resolution and we are in agreement should to into the Governmental Access Account. No decision with the substance thereof. We are and eager to work with the has been made by the Common Council regarding the City, the Sewer Authority and the Board of Education to disposition of these funds, although I expect something later develop a plan to resolve the issues which relevant to the this year. proposed aggregate billing system. I would note that the 2.) Check # 5995343 - $10,780 - This is the fine TCI paid for Buffalo Municipal Housing Authority has an enormous number failing to provide a proper rebuild report, pursuant to Section of separate electric service accounts, and must stay in 29.3 (n) of the franchise agreement, compliance with a variety of HUD and New York State 3.) Check #22129 - $200,000 - This is additional support for regulations concerning the payment Of utilities. Therefore. we Public Access that TCI agreed to provide during the transfer are keenly aware of the potential for problems with this discussions. This should go into the Public Access account, proposed system concerning collection of payments, payment though no decision has been made on bow these funds will be defaults and submission of payments. expended. Executive Director West has designated myself, Director of If you have any questions please call. Technical Operations Paul Palladino, Director of Administration REFERRED TO THE SPECIAL COMMITTEE ON and Finance Cheryl MacMillan and Energy and Utilities TELECOMMUNICATIONS AND THE OFFICE OF Manager Michael Lyons as the individuals to work on this TELECOMMUNICATIONS project. When a committee is formed to develop a plan to address the issues raised by the proposed agreement, please NO.163 advise us so that we may participate fully in this process. MAYORREPORTEDOUTOFSTATE REFERRED TO THE SPECIAL COMMITTEE ON I transmit herewith a communication received by me from the MUNICIPALIZATION Mayor, reporting his absence from the state from Wednesday, August 12th, 1998 from 7:10a.m. until Thursday, August 13th, FROMTHECITYCLERK 1998, at 5:55p.m. RECEIVED AND FILED. NO.160 COUNTY-MUNICIPALREGIONALISM NO.164 Attached is the 1998 County-Municipal Regionalism AUTOALLOWANCE Committee report to the Erie County Legislature. The following departments have filed the required certificate REFERRED TO THE SPECIAL COWITTEE ON relative to the granting of automobile transportation allowances GOVERNMENT RELATIONS for employees in their respective departments: COMMON COUNCIL – Lisa Collin NO.161 RES.182C.C.P.MARCH17,1998-"ACTIONCALL-PUBLIC WORKS - LORETTA BIDELL INTERNETTAXATION" THOMAS DUNK The House of Representatives recently passed the Internet SEYED GHASEMI Tax Freedom Act (HR 4105) by unanimous voice vote. The bill ARTHUH OSURORAH would ban any new taxes on Internet access and electronic RECEIVED AND FILED. commerce for three years. The bill would impose a moratorium on new taxes targeting Internet access, purchases and services during that period, NO.165 while a special commission conducts a study on whether a LIQUORLICENSEAPPLICATIONS national tax structure should be implemented. Proponents Attached hereto are communications from persons applying for argued that the Internet has vast potential to help businesses, liquor licenses from the Erie County Alcohol Beverage Control especially small businesses, that wish to expand their markets, Board. and that ambiguous state and local taxes are a significant pitfall for electronic commerce. They argued that the technologies of Address the Internet made it more susceptible to multiple and 184 Connecticut St. discriminatory taxation than commerce conducted over phone 416 William St. lines. They said that a national moratorium should be imposed 178 Military Rd. until a fair and coherent national policy can be established 41 Virginia Place which will allow this relatively new medium to realize its full 1389 Delaware Ave. potential. 1797 Niagara St. Specifically, the bill would prohibit state and local 2216 Bailey Ave. governments from imposing new taxes on Internet access 1718 Genesee St. charges. However, exemptions were approved for eight states 833 E. Delavan Avenue that already have such assessments in place. Internet purchases would be subject to the same laws as mail order Business Name transactions, meaning that most out-of-state purchases would Conn. St. Armory remain tax-free. That issue initially caused widespread No name given opposition to the bill by state and local governments concerned Louis Lounge Inc. about a possible loss in tax revenue. However many state Fat Bob's LLC officials, including New York Governor Pataki, have since Honky Tonk, Inc. endorsed the legislation in the hope that the commission that Mixer's Inc. would be appointed to study Internet tax issues would help no name given develop a uniform, national system that would eventually enable no name given states to collect sales taxes on both mail order and Internet A.& H. Properties transactions. & Mgmt. Inc. The senate is expected to pass its version of the bill shortly. Owner's Name President Clinton has already endorsed the bill. Patrick Storms, Pres. 74-174 Vets. Assn. REFERRED TO THE SPECIAL COMMITTEE ON Reginald Terry TELECOMMUNICATIONS AND THE OFFICE OF George W. Louisos F. Ciccarelli, Rep. Common Council, Division of, to the Position of Intern P. Kelleher, Rep. V,Seasonal ,Non-Competitive, at the Flat Starting Salary of: P. Kelleher, Rep. $8.00 per hr. A. Martin Robert W. Morris, 233 Newburgh Ave., Buffalo, NY 14215 Darnell Butler Appointment Effective: July 21, 1998, in the Department of P. Kelleher, Rep. Common Council, to the Position of Intern IV, Seasonal, Non- REFERRED TO THE COMMITTEE ON LEGISLATION Competitive, at the Flat, Starting Salary of: $6.00 per hr. Barbara Mellerson, 49 Dignity Cir., Buffalo, NY 14211 NO.166 Shirley Jordan, 24 Janice St, Buffalo, NY 14207 LEAVESOFABSENCEWITHOUTPAY Appointment Effective July 24,1998 in the Department of I transmit herewith notifications received by me, reporting the Common Council Division of to the Position of Intern II, granting of the leaves of absence without pay, in the various Seasonal, Non-Competitive, at the Flat, Starting Salary of: $ departments as listed: 5.15 per hr. Comptroller- CATHERINE BARTON, Michael Kujawski, Leon Hicks. 492 Masten Ave, Buffalo NY, 14209 Public Works-Scott Sullivan, Patrick Farrell, Andrew Barth Appointment Effective: August 3, 1998 in the Matthew Janicki Robert Boone Department of City Clerk Division of to the Position of Intern II, Police- Bridget Szymanski, Joseph Kessler, Kimberly Cheimis, Seasonal Leonard Valvo Tara Wells Regan, Terry Abram, Leonard Valvo, Non-Competitive, at the Flat, Starting Salary of: $5.15 per hr. Vanessa Rowe. Patricia Denecke Eric Gutierrez, 926 Main Street, Buffalo, NY 14202, Michele Graves Appointment Effective August 17 1998, in the Department of Community Development- Ronald J. 'Empric, Frank Manuele, Common Council, to the Position of Intern II at the Starting Colleen Cummings Terrance Chatfield, Joan Scholl, Salary of $5.15 Street Sanitation- David Petruzzi, Charles L.Loubert Louis Hall, 72 Fuller, Buffalo, NY 14207 Administration and Finance- Lonny J. Laska Appointment Effective: 8/13/98, in the Department of Human Services, Parks/Recreation Common Council, to the Position of Intern IV, Seasonal, General Services- Mark Skierczynski Appointment, at the: Flat, Starting Salary of: $ 6.00 RECEIVED AND FILED Robert Quintana, 7 Marine Dr.. Apartments, Bflo, NY 14202 Appointment Effective: August 17, 1998 in the Department of NO.167 Common Council Division of to the Position of Intern IV REPORTSOFATTENDANCE Seasonal, Non-Competitive, at the Flat , Starting Salary of: I transmit herewith communications received by me, from the $6.00 per hr. various boards, commissions, agencies and authorities Maria Michaux, 229 Summit Ave, Buffalo, NY 14214 reporting the membership attendance at their respective meetings NO.169 Buffalo Sewer Authority APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY& City Planning Board EMPLOYMENT RECEIVED AND FILED I transmit herewith appointments made in the Mayor's Youth NO.168 Opportunities and NOTICESOFAPPOINTMENTS-COUNCILINTERNS Employments Programs. I transmit herewith appointments to the position of Council RECEIVED AND FILED. Intern. Appointment Effective July 10, 1998 in the Department of Mrs. LoTempio moved the approval of the Mayor's Office to the Position of Intern II, Seasonal, appointments to the position of Council Intern. Non-Competitive at the Flat, Starting Salary of: $5.15 per hr. ADOPTED. Regina James, 14 Geofrey Street, Buffalo, NY 14215 Michael Olabode, 12 Norway Park, Buffalo, NY 14208 Appointment Effective 7/10/98 in the Department Of Kenneth Pittman, 105 Rounds Avenue, Buffalo, NY 14215 Common Council to the Position of Intern II Seasonal, Appointment Effective July 20, 1998, in the Department of Appointment, at the: Flat Starting Salary of: $ 5.79 Mayor's Office Mayor's Summer Youth & Intern Program Nicole Marzinek 612 Lafayette Ave. Buffalo, NY 14222 to the Position of Intern III, Seasonal, Non-Competitive Appointment Effective July 21, 1998 in the Department of Flat, Starting Salary of. $5.15/hr. City Clerk to the Position of Council Intern IV, Appointment Angelo Petrucci 124 Fredro St. Buffalo, N.Y. 14206 at the flat, Starting Salary of $6.00 hr., Appointment Effective: July 16, 1998. in the Department of Samuel L. Carson 89 Reed St. Buffalo, NY 14212 Mayor's Office, Division of Mayor's Summer Youth and Appointment Effective July 22, 1998 in the Department of Internship Program, to the Position of Intern II, Seasonal, Non- City Clerk to the Position of Council Intern IV Appointment Competitive, at the Flat, Starting Salary of: $5.15 per hr. at the flat Starting Salary of $6.00 hr. Shatikqua Lewis, 342 Starin Ave, Buffalo, NY 14216 Larry Lawson 1139 E. Ferry St Buffalo, NY 14211 Appointment Effective July 13, 1998, in the Department of: Appointment Effective July 23, 1998 in the Department of Mayor's Office, Division of Mayor's Summer Youth & Intern Common Council, to the position of Intern II Seasonal, Non-Program, to the Position of Intern I, Seasonal, Non- competitive at the flat Starting Salary of: $5.15 hr. Competitive, at the Flat, Starting Salary of: $7.00/hr Noell Norman 268 East Ferry St. Buffalo, N.Y. 14208 Daniel McLaren, 40 Blantyre Rd., Buffalo, NY 14216 Tramone Miles :120 Edna Place Buffalo, N.Y. 14209 Appointment Effective July 13, 1998, in the Department of Appointment Effective July 13, 1998 in the Department of Mayor's Office, Division of Mayor's Summer Youth & Intern Common Council, to the Position of Intern II, Seasonal, Non-Program, to the Position of Intern III, Seasonal, Non- Competitive, at the Flat, Starting Salary of: $5.15 per hr. Competitive, Flat, Starting Salary of. $5.15/hr IIy McGee 105 Shirley Avenue Buffalo, NY 1425 Joyce Gilbert, 33 Huntington Ave., Buffalo, NY 14214 Appointment Effective: July 6, 1998 in the Department of Naomi Lowinger, 29 Huntington Ave., Buffalo, NY 14214 Common Council to the Position of Intern II Seasonal, Johe Roetter, 90 Depew Ave., Buffalo NY 14214 Non-Competitive,at the Flat, Starting Salary of: $5.15 per hr. Daniel DuVale, 902 Parkside Ave., Buffalo, NY 14216 Elizabeth Schreier, 20 Coolidge, Buffalo, NY 14220 Pamela Peoples, 361 Beard Ave., Buffalo, NY 14214 Jeremy Connolly, 162 Choate Ave., Buffalo, NY 14220 Appointment Effective July 13, 1998, in the Department of. Fredrick Williams, 127 Aldrich Place, Buffalo, N.Y. 14220 Mayor's Office Mayor's Summer Youth & Intern Program Appointment Effective: July 13, 1998 in the Department of to the Position of Intern V, Seasonal, Non-Competitive, Common Council Division of to the Position of Intern II at the Flat, Starting Salary of: $8.00/hr Seasonal, non-competitive, at the: flat, Starting Salary of: $5.15 Rebecca Cordero, 318 Beard Ave., Buffalo, NY 14214 hr. Christian Siener, 264 Middlesex Rd., Buffalo,NY 14216 Damario Bennett, 52 Sussex Avenue, Buffalo, N.Y. 14215 Brandon Burgin, 68 E. Depew, Buffalo, NY 14214 Anna Cooke, 454 Voorhees Avenue, Buffalo, N.Y. 14216 Appointment Effective July 13, 1998, in the Department of Michael Pitts, 370 Wyoming Avenue, Buffalo, N.Y. 14215 Mayor's Office, Division of Mayor's Summer Youth & Intern Elverna Gidney, 21 Willow Place, Buffalo, N.Y. 14208 Program to the Position of Intern VI, Seasonal, Non- Lawrence Banner, 480 Adams Street,Buffalo, N.Y. 14212 Competitive, at the Flat, Starting Salary of. $10.00/hr Shawmika Murray, 221 Playter Street,Buffalo, N.Y. 14212 Emily Zobel, 117 W. Winspear Ave.,Buffalo, NY 14214 Appointment Effective: July 13, 1998, in the Department of Holly Gulino, 159 Carmel Rd, 14214 Common Council, to the Position of Intern II, Seasonal, Non-Laura L. Borneman, 270 Highland Apt. 1, Bflo,NY 14223Judith Competitive, at the: Flat, Starting Salary of: $ 5.15 per hr. Fitzgerald-Dolan, 325 Beard Ave.,Bflo, NY 14214 Jennifer Smith, 2437 Bailey Ave, Buffalo, New York 14215 NO.170 Appointment Effective: July 20, 1998, in the Department of NOTICESOFAPPOINTMENTS-SEASONAL/FLAT I transmit herewith certificates received by me, Aaron Bell, , 55 Purdy Street, Buffalo, NY 14208 reporting seasonal and flat salary appointments made in Mashi J. Booth 373 East Utica St, Buffalo, NY 14208 various departments. Daniel J. Chapman, 612 Taunton, Buffalo, NY 14216 RECEIVED AND FILED. Charles Cirringione, 62 Alden Aenue, Buffalo, N.Y. 14216 Appointment Effective 7/23/98 in the Department of 61-Michael Sacilowski, 161 Weiss Street, Buffalo, NY 14206 Stadium and Auditorium, Division of I-North AmeriCare Park, to Appointment Effective July 29, 1998 in the Department of the Position of Laborer I, Seasonal, Non-Competitive, at the: Street Sanitation to the Position of Seasonal Laborer II, non- Flat, Starting Salary of : $6.22 competitive at the flat starting salary of $6.92 hr Cynthia Anderson639 Grant Street, Apt.#2 Buffalo, 14213 Leonard P. Wackowski, 1310 Bailey Ave, Buffalo, N.Y. 14206 Appointment Effective: 7/24/98 in the Department of 61-Appointment Effective August 3, 1998 in the Department of Stadium and Auditorium Division of I-North AmeriCare Park to Street Sanitation to the Position of Seasonal Laborer II, non- the Position of Laborer I Seasonal Non-Competitive at the: Flat competitive at the flat starting salary of $6.92 hr Starting Salary of: $ 6.22 Madalene Merki, 18 Garvey Avenue, Buffalo, N.Y. 14220 Mohammed Bahlamish 389 Grider Street, Apt.# 1 Buffalo, Appointment Effective:July 28, 1998 in the Department of 14215 Street Sanitation to the Position of Seasonal Laborer II, non- Eric King 18 Rand Avenue Buffalo, 14216 competitive at the flat starting salary of $6.92 hr Daniel Rubino, 23 Commonwealth Avenue, Buffalo, 14216 Charles A. Sessa, 176 Normal Avenue, Buffalo, N.Y. 14213 Appointment Effective: 8/7/98 in the Department of 61- Appointment Effective: July 27, 1998 in the Department of Stadium and Auditorium, Division of 1-North AmeriCare Park, Street Sanitation to the Position of Seasonal Laborer II, non- to the Position of Laborer I, Seasonal, Non-Competitive, at the competitive at the flat Starting Salary of, $6.92 hr Flat Starting Salary of $6.22 Phillip P. Swaringer, 502 Swan Street, Buffalo, NY 14204 Grace Gentile, 402 West Delavan Avenue, Buffalo, 14213 Appointment Effective: 8/27/98 in the Department of Law Appointment July 27, 1998 in the Department of Division of to the Position of Intern V, Seasonal Appointment Public Works Division Of Engineering to the Position of Marina at the Flat Starting Salary of $8.00/hour Dock Attendant Seasonal, Appointment, at the Flat, Starting Joel/Seachrist, 38 Brinton Street, Buffalo, NY 14214 Salary Or: $10.00 hr. Appointment Effective July 27, 1998, in the Department of Anthony Barone, 20 Crestwood Ave., Buffalo, NY 14216 Administration and Finance, Division of Parking Enforcement, Jacob Jung, 88 Cumberland Ave., Buffalo, NY 14220 to the Position of Laborer I, Seasonal, Non-Competitive, at the Christopher Nasca, 12 Woodley Rd., Buffalo, NY 14215 Flat Starting Salary of $6.22 Michael J. Wolasz, Jr., 53 Huntley Rd., Buffalo, NY 14215. Paul Jackson, 155 Roosevelt Avenue, Buffalo 14215 Appointment Effective July 27, 1998 to the Department of, Michael Pinelli, Jr, 485 Fargo Avenue, Buffalo 14213 Public Works, Division of Engineering Appointment Effective Appointment Effective August 18,1998 in the Department of to the position of Laborer I, Seasonal, Appointment at the Flat General Services, Division of Inventory & Stores, to the Starting Salary of: $ 6.22 hr. Position of Laborer II (Seasonal), Non-Competitive at the Flat Johnnie Davis, 1256 Fillmore Ave, Buffalo, NY 14211 Starting Salary of $6.92 hr Joseph Mele 130 Norwalk Ave, Buffalo, NY 14216 Jesus Acosta, 309 Fargo St, Buffalo, New York 14213 Appointment Effective July 27, 1998 at the Department of Appointment Effective July 17, 1998 in the Department of Public Works Division of Engineering to the Position of Parks to the Position of Lifeguard, Seasonal, Non Competitive Laborer I, Seasonal, Appointment, at the Flat Starting Salary at the Flat Starting Salary of $ 5.20 hr. 6.22 hr. Jason Banas, 228 Esser, Buffalo 14207 Alfred T. Anderson, 139 Grant St. Buffalo, NY 14213 Malik Blyden, 164 Parkridge, Buffalo 14215 Appointment Effective August 12,1998 in the Department of Appointment Effective: July 20, 1998, in the Department of Assessment to the Position of Clerk, Seasonal, Non-Human Services, Parks & Recreation, Division of Youth Competitive at the Flat $5.20 / Hr. to the Position of Attendant, Temporary Appointment at the Flat Taji L. Green, 22 Norway Park, Buffalo, NY 14208 Starting Salary of $ 5.15 hr Appointment Effective August 10, 1998 in the Department of Anna Barnes, 91 Elmer, Buffalo 14215 Assessment to the Position of Clerk, Seasonal, Non-Mona Gault, 135 Strauss, Buffalo 14212 Competitive at the Flat $5.20 / Hr. Sonja Holtz, 273 East Delavan, Buffalo 14208 Patricia A. Baudo, 30 Cunard Road, Buffal, NY 14216 Joseph Scaffidi, 201 Wellington, Buffalo 14216 DeAirra R. Moore, 14 Janice Street, Buffalo, NY 14207 Appointment Effective August 4, 1998, in the Department of Elizabeth A. Pied, 90 Virgil Avenue, Buffalo, NY 14216 Human Services, Parks & Recreation, Division of Youth Angela N. White, 481 Wyoming Avenue, Buffalo, NY 14215 to the Position of Attendant, Temporary Appointment at the Flat Joseph M. Baudo, 30 Cunard Road, Buffalo, NY 14216 Starting Salary of $ 5.15 ph Appointment Effective July 29, 1998 in the Department of R. L. Tabor, 327 Monroe, Buffalo 14212 Community Development Division of In Rem to the Position of Appointment Effective July 21,1998, in the Department of Laborer I, Seasonal., Non-Competitive, at the: Maximum, Human Services, Division of Parks to the Position of Lifeguard, Starting Salary of: $6.22 / hr., Seasonal Non competitive, at the Flat Starting Salary of $5.20 Melissa Morris, 174 St. Lawrence Ave, Buffalo, NY 14216 hr. Appointment Effective: July 27,1998 in the Department of Nicholas Sanni, 53 Robie, Buffalo 14214 Community Development, Division of In Rem to the Position of Rafael Ramos, 200 Condon, Buffalo 14207 Laborer I, Seasonal, Non-Competitive, at the Flat, Starting Appointment Effective: July 28, 1998 in the Department of Salary of: $ 6.22 / hr. Human Services, Parks & Recreation, Division of Youth Jeffrey Sacilowski, 49 Goodyear Avenue, Bflo, NY 14211 to the Position of Attendant, Temporary Appointment at the Flat Appointment Effective 7/22/98 in the Department of Starting Salary of: $ 5.15 p/h Street Sanitation, to the Position of Seasonal Laborer II Stevean Applewhite, 24 Hamlin, Buffalo 14208 seasonal, non-competitive,at the flat: Starting Salary of $6.92 Appointment Effective July 28, 1998 in the Department of hour Human Services, Parks & Recreation, Division of Youth Charles A. Guagliano, 181 Congress, Buffalo, N.Y. 14213 to the Position of Supervisor Temporary Appointment at the Shirley D. Jackson, 298 Riley St, Buffalo, NY 14208 Flat starting salary of $ 6.00 hr Ronald Link. 75 Marion Street, Buffalo, NY 14207 Hector Alejandro, 257 Brinkman, Buffalo 14211 Elizah Melton, 297 Mills St, Buffalo, NY 14211 Appointment Effective: August 4, 1998, in the Department of Michael Moran, 232 Ideal Street, Buffalo, NY 14206 Division of Youth Human Services, Parks & Recreation, Appointment Effective 7/22/98 in the Department of Street to the Position of Attendant, Temporary Appointment at the Flat Sanitation, Division of, to the Position of Seasonal Laborer II, Starting Salary of $ 5.15 hr seasonal, non-competitive, at the flat, Starting Salary of: `$6.92 Maureen Smith, 91 O'Connell, Buffalo 14204 hour, Appointment Effective August 3,1998 in Department of Walter Cromer,37 Burgard Place, Buffalo, NY 14211 Human Services, Parks and Recreation to the Position of Jack Eskridge, 306 Hudson, Buffalo, NY 14204 Laborer II, Seasonal, Non Competitive at the Flat Starting Irving L. Fowler, 208 Best Street, Buffalo, NY 14209 Salary of $ 6.92 hr Howey J. Giomundo, 1482 Kenmore Avenue, Bflo, NY 14216 William Orr, 28 Latona Court, Buffalo 14220 Howard J. Giomundo, 1482 Kenmore Ave, Bflo, N.Y. 14216 Appointment Effective August 3, 1998 in the Department of Norman Ross, 17 Durham, Buffalo, N.Y. 14215 Human Services, Division of Recreation to the Position of John Thomas, 38 A Altruria St, Buffalo, 14Y 14220 Lifeguard, Seasonal non competitive at the flat starting salary of Barrett A. Ward, , 106 Wellington Road, Bflo, NY 14216 $5.20 /hr Frank Zorechak, 136 Lafayette Ave, Buffalo, NY 14213 Collette Gallagher, 2507 Delaware, Buffalo 14216 DeJuaine G. Motley, 788 Fillmore Avenue, Bflo, NY 14212 Appointment Effective: August 24,1998 in the Department of Diane M. Banyi, 22 Elgas St, Buffalo, N.Y. 14207 Human Services, Division of Senior Citizens to the Position of Laborer II, Seasonal Non-Competitive at the Flat Starting Salary Deborah A. Osborne, 157 Ridgewood Rd, Buffalo, NY 14220 of $6.92 ph Appointment Effective August 17, 1998, in the Department of Stanley Gasak, 981 Niagara St., Buffalo, New York 14213 Police to the Position of Chief of Patrol Exempt Appointment at Appointment August 27, l998 in the Department of Human the Flat Starting Salary of $ 73,915 Services, Division of Parks to the Position of Lifeguard, Mark E. Blankenberg, 758 Robin Road Amherst, N.Y. 14228 Seasonal Non-Competitive at the Flat starting salary of Appointment Effective August 28, 1998 in the Department of $ 5.20 ph Police to the Position of Police Lieutenant, Permanent Elizabeth Wixon, 418 Beard, Buffalo 14214 Appointment at the Flat Starting Salary of $ 53,314 Appointment Effective September 8, 1998 in the Department William P. Blake, 2850 Amsdell Road, Hamburg, N.Y. 14075 Human Services Division of Senior Citizens to the Position of Appointment Effective August 28, 1998, in the Department of Senior Citizen Aide, Seasonal Non-Competitive at the Minimum Police to the Position of Report Technician Permanent Starting Salary of $ 6.92 ph. Appointment at the Minimum Starting Salary of $ 23,705 Betty Pieri, 90 Virgil Ave, Buffalo, New York 14216 Sherry A. Holtz, 62 Seminole Parkway, Buffalo, NY 14210 Appointment effective august 10, 1998 in the department of NO.171 fire division of fire boat to the position of assistant marine APPOINTMENTS-TEMPORARY,PROVISIONALORengineer/laborer II permanent, Appointment, at the flat, Starting PERMANENT salary of $46,174 I transmit herewith Appointments in the various John Harter.79 Heussy, Buffalo, 14220 departments made at the Minimum (Temporary, Provisional or Appointment effective august 17, 1998 in the department of Permanent) and for Appointments at the Maximum (as per fire division of fire to the position of captain, permanent, contract requirements) . promotion, at the flat Starting salary of $52,296 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Michael Blake, 10 Carriage Drive, Orchard Park, 14127 Appointment effective august 17, 1998 in the department of Appointment Effective August 24, 1998 in the Department of fire division of fire, to the position of captain, contingent Public Works, Division of Engineering to the Position of permanent. Promotion at the flat, Starting salary of : $52,296 Senior Engineering Aide, Permanent Appointment at the Robert Hartman, 186 Enchanted, Lancaster, 14043 Minimum Starting Salary of $26,798 appointment effective august 17, 1998, in the department of Thomas J. Duk, Buffalo, NY 14206 fire, division of fire to the position of fire lieutenant, permanent, 85 Central Ave., promotion (status change), at the flat, Starting salary of : Appointment Effective: August 3, 1998 in the Department of $49,769 Public Works, Division of Water, to the Position of Clerk, Kenneth Eyerman, 218 Stevenson, 14220 Temporary Appointment at the Minimum Starting Salary of David Zwawa, 3535 Heatherwood, Hamburg, 14075 $21,917 Mark Morganti, 47 Cloverside, W.Seneca, 14224 Tracy Dandridge, 114 Domedion Street, Buffalo, 14211 Kenneth Rivera, 148 Auburn Avenue, 14213 Appointment Effective August 10, 1998 in the Department of Appointment effective august , 1998, in the department of Public Works, Division of Engineering, to the Position of fire, division of fire, to the position of Fire Lieutenant, Senior Engineering Aide, Temporary Appointment at the contingent, permanent, Promotion at the flat, Starting salary of Minimum Starting Salary of $ 26,798 $49,769 Thomas C. LoTempio, 50 Shoshone St., Buffalo, NY 14214 Mark Wickenheiser, 9730 Greiner Road, Clarence, 14031 Appointment Effective August 31, 1998 in the Department of John Comerford, 73 Brookside, W. Seneca, 14224 Public Works, Division of Water, to the Position of Clerk Mark Swannie, 61 Fox Hunt, Lancaster, 14086 Temporary Appointment at the Minimum Starting Salary of Michael Zarbo, 4008 Crescent, North Tonawanda, 14120 $21,917 Appointment effective august 24, 1998, in the department of Maureen Colern, 154 Cushing Place, Buffalo, 14220 fire, division of fire, to the position of battalion chief, permanent Appointment Effective: July 23, 1998 in the Department of: - contingent Police Division of: to the Position of Police Officer, Contingent Promotion, at the flat, Starting salary of : $57,021 Permanent, Appointment at the Minimum Starting Salary Edward Young, 13016 Belscher, Concord, 14141 of $ 34,057 Appointment effective august 24, 1998, in the department of Dawn M. Lopez, 24 Altruria. Buffalo, New York 14220 fire, division of fire to the position of Captain, contingent David F. Acosta, 60 Heussy Ave, Buffalo, New York 14220 permanent Sheila V. Suggs, 57 Schuele Ave, Buffalo, New York 14215 Promotion, at the flat, Starting salary of: $52,296 Simone Brown, 79 Kilhoffer Street, Buffalo, New York 14211 Timothy Esford, 38 Treehaven, West Seneca, 14224 Appointment Effective July 23, 1998 in the Department of: Appointment effective august 24, 1998, in the department of Police, to the Position of Police Officer, Permanent fire, division of fire, to the POSITION OF Fire Lieutenant, Appointment, at the Minimum Starting Salary of $ 34,057 permanent – contingent Promotion at the flat, Starting salary of Mitchell J. Thomas, 62 Park St., Buffalo, New York 14201 : $49,769 Molly A. Sanford, 150 Jewett Parkway - Apt. #2, Buffalo, New Roberto Ruiz 190 Sterling Avenue, 14216 York 14214 Appointment Effective 7/27/98 In the Department of Law 080, Kristin A. Langdon, 106 Weyand, Buffalo, New York 14210 Division of, to the Position of Asst. Corporation Counsel II, Wendy Quigley,486 Auburn Ave. - Apt. #3, Buffalo, New York Permanent, Appointment, at the: Minimum/Flat, Starting Salary 14213 of: $48,566 Bridget A. Szymanski, 55 Littlefield Ave, Buffalo, NY, 14211 Jeffrey E. Reed, 243 Summit Avenue, Bflo, New York 14214 Margit A. Steidel, 1160 Parkside Court, Buffalo, NY 14214 Appointment Effective: 8/24/98 In the Department of Law - Ronnie Funderburk, 379 Olympic Ave, Buffalo, NY, 14215 080 to the Position of Typist, Permanent, Appointment, at the David S. Stabler, 536 E. Amherst St, Buffalo, NY 14215 Minimum, Starting Salary of: $ 21,917 Thomas F. Sercu, Jr., 281 Crestwood Ave, Buffalo, NY, 14216 Andrea J. Wiacek, 103 Remington Place, Bflo, NY 14210 Steven J. Nichols, 41 Days Park, Buffalo, New York 14201 Appointment Effective 8/24/98 in the Department of Michael G. Keane, 370 Bird Ave, Buffalo, New York 14213 Law , Division of, to the Position of Assistant Corporation Michael J. Strobele, 20 Duerstein St, Buffalo, NY 14210 Counsel II, Permanent, at the: Minimum/Flat, Starting Salary of: Paul L. Sobkowiak, 216 Abbott Road, Buffalo, NY 14220 $48,566 Thomas M. Starkey, 25 Woodside Ave, Buffalo, NY 14220 Richard E. Stanton, 746 Amherst Street, Bflo, N Y 14216 Jeffrey D. Rinaldo, 51 Rand Ave, Buffalo, New York 14216 Appointment Effective August 24, 1998, in the Department of Angela B. Yeates, 96 Indian Church Rd, Buffalo, NY 1421 0 Administration and Finance Division of Administrative Lonny J. Laska, 15 Wex Ave, Buffalo, New York 14211 Adjudication, to the Position of ordinance Compliance officer Patty Jo Krolikowski, 804 McKinley Pkwy, Buffalo, NY 14220 Permanent, Appointment, at the Minimum, Starting Salary of: Thomas J. Harlach, 121 Ramona Ave, Buffalo, NY 14220 $23,632 George C. Wagner, 817 West Ave, Buffalo, New York 14213 Gregory Washington, 44 Timon St., Buffalo, NY 14211 Michael J. Alberti, 21 Cantwell Drive, Buffalo, NY 14220 Appointment Effective: August 26, 1998 in the Department of Joseph W. Glendinning, 106 Reiman St, Buffalo, NY 14206 Human services, Parks + Recreation Division of Senior Robert G. Heidinger, 176 Mackinaw, Buffalo, NY 14204 Citizens to the Position of Senior Citizen Aide, Permanent, Kimberley A. Cheimis, 480 McKinley Pkwy, Buffalo, NY 14220 Appointment, at the Minimum, Starting Salary of: $ 21,917 Ann M. Zwick, 40 Hubbell Avenue, Buffalo, New York 14220 Muriel Somma, 83 Grimes, Buffalo, New York 14212 Jill M. Halor, 307 Barnard Street, Buffalo, New York 14206 Valerie C. Shropshire, 263 Lemon St., Buffalo, NY 14204 NON-OFFICIALCOMMUNICATIONS,PETITIONSAND Adrian Evans, 102 St. Marys Rd., Buffalo, NY 14211 REMONSTRANCESNON-OFFICIALCOMMUNICATIONS Appointment Effective August 17, 1998, in the Department of NO.172 Police to the Position of Crime Analyst Permanent Appointment ADELPHIA-FRANCHISEAGREEMENT at the Minimum Starting Salary of $ 34,864 CORPORATION Pursuant to Section 3q of the Transfer Agreement by and NO.176 among TCI, Parnassos and the City of Buffalo, Parnassos is ANNUALAUDITFYENDINGMAY31,1997 required to notify the City of any shared use of its facilities in the City of Buffalo. Parnassos, by this letter provides formal Pursuant to the Charter and ordinances of the City of Buffalo, notification that Hyperion Telecommunications of Buffalo, Inc. Article IV - City Development Agencies - Section 6 - 23, we are leases fiber from Parnassos in the City of Buffalo. As the City hereby submitting a copy of The Buffalo Enterprise is aware, Hyperion had leased fiber from TCI in the City of Development Corporation Audit for the fiscal year ending May Buffalo prior to the July 31, 1998 transfer of its system to 31, 1997. Parnassos. Please be advised that the BEDC Board of Directors RECEIVED AND FILED approved the Audit at its August 26, 1998 meeting. REFERRED TO THE COMMITTEE ON COMMUNITY NO.173 DEVELOPMENT ADELPHIANEWPROVIDEROFCABLESERVICES Recently, Adelphia Communications entered into a joint NO.177 venture with the TCl of Buffalo system serving the City of 1998-1999BUDGET Buffalo. Adelphia, the managing partner of this joint venture, is Pursuant to the Charter and ordinances of the City of Buffalo, proud to be your new provider of cable entertainment services, Article IV - City Development Agencies - Section 6 - 22, we are and we look forward to bringing you the same excellent service hereby submitting a copy of The Buffalo Enterprise for which Adelphia has become known throughout the Western Development Corporation Budget for the fiscal year New York area. commencing June 1, 1998. Adelphia began as a family business in the small town of Please be advised that the BEDC Board of Directors Coudersport, PA., in 1952 and has grown to become the approved the budget at its June 24, 1998 meeting and the seventh largest cable television company in the United States. BURA approved the work program/budget at its July 23, 1998 With the City of Buffalo partnership, Adelphia now serves over meeting. 350,000 Western New York customer making Adelphia one of REFERRED TO THE COMMITTEE ON COMMUNITY the largest cable providers in the state. Throughout our growth DEVELOPMENT and development, Adelphia has maintained a commitment to prompt and professional customer service, excellent NO.178 programming, ongoing product development and technological C.BRUTVANRESIGNATION-BUFFALOARTS innovation COMMISSION Over the years, Adelphia has established a solid track record As you know from our last meeting I must resign from the as a, provider of an ever-widen range of services. We currently Buffalo Arts Commission as I am moving out of town. It has offer the following services in many of the communities we been a great privilege to support the City of Buffalo in this serve, and intend to make them available in the City of Buffalo capacity. in the future. I have learned a great deal from participating on the Adelphia Long Distancelow-cost long distance serviceCommission and expect that support for the Commission's Adelphia PageTimepersonal paging serviceefforts will continue to grow. I would be happy to discuss with Adelphia PowerLinkhigh-speed Internet accessyou the outstanding projects in which I was involved, including Adelphia Digital Cablethe next level in home entertainment the conservation of the collection and, especially, the Adelphia Securitystate-of-the-art securitycontinuing inventory of the collection. There will be no immediate changes in your cable television Good luck to you and the Commission. services. Our professionally trained Customer Service and RECEIVED AND FILED Sales Representatives are available to answer your questions, 24 hours a day, 7 days a week by calling 853-8900. NO.179 We will be providing you with more information about BUFFALOCHARTERREVISIONCOMMISSIONMEETING Adelphia in the near future. We look forward to providing you MINUTESFORJULYAUGUSTANDSEPTEMBER1998 with excellent service and an increasing variety of Attached are minutes of Meetings of July 16, July 23, August telecommunications products for many years to come. 6, August 13, August 20, August 27, and September 3, 1998. RECEIVED AND FILED REFERRED TO THE COMMITTEE ON LEGISLATION NO.174 NO.180 PUBLICHEARING-RZN.3588MAINST. G.CRUTCHERHOMESTEADINGPROPERTYLOCATED PLEASE TAKE NOTICE that a public hearing will be held in AT81ROTHERST.,BUFFALON.Y.14212 the Town of Amherst Municipal Building, 5583 Main Street, I am interested in purchasing the land located at 81 Rother Williamsville, New York 14221, on August 3, 1998 at 8:15 PM, Avenue in Buffalo. I am the owner of the property at 79 Rother to hear all persons for or against a request to rezone property at and have been there for the past 24 years. The house at 81 3588 Main Street (northerly portion) from R-4 (Residential) to Rother was torn down last week, my intent is to construct a two GB (General Business). This is situated within a 500 foot car garage and allow for plenty of back yard space. radius of property owned by you. Please advise me on the process for purchasing the now PETITIONER: Town of Amherst Planning Board vacant lot at 81 Rother. RECEIVED AND FILED REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.175 THEBUFFALOENTERPRISEDEVELOPMENTCORP. NO.181 RESPONSETOGREENINGTHEINNERHARBOR PUBLICHEARING-SHEA'SSTAGEHOUSEEXPANSION RESOLUTION WEDNESDAY,AUGUST26,19981:00P.M.TO2:00P.M. RES.NO.264,CCPJULY21,1998 Enclosed please find a copy of the General Project Plan (the In response to Resolution No. 264, dated July 21, 1998, "Plan") and findings for the proposed Shea's Stage House "Greening the inner Harbor", by Mr. Franczyk and Ms. Expansion Project Empire State Economic Development Fund Kavanaugh, please be advised that the Parks Commissioner General Development Financing Capital Grant Project in the has been contacted and is aware of the upcoming Inner Harbor City of Buffalo. In accordance with Section 16(2) of the New Project. He and the City Forester will be actively involved in York State Urban Development Corporation Act (Chapter 174 any plans involving tree removal and replacement. This of the Laws of 1968), as amended, we request that the Plan division considers preserving trees a top priority. A preliminary and findings be filed in your office. survey has been done by the project's land survey team, which A public hearing for this project will be held in the 13th Floor typically shows only the location of trees six inches in diameter Common Council Chambers, Buffalo City Hall, on Wednesday, and larger. The survey will be amended at a later date to August 26, 1998 from 1:00 p.m. to 2:00 p.m. If you have any include the location of all trees, their species and diameter so questions, please contact me at 716-688-0485. Thank you for we can comply with the city's tree ordinance. Any dead or our cooperation. diseased trees will be identified at that time. The amended and RECEIVED AND FILED final tree survey will be shared with your honorable body when completed. NO.182 REFERRED TO THE COMMITTEE ON COMMUNITY EMPIRESTATEDEVELOPMENT DEVELOPMENT Pursuant to Article 18B, Section 959(e) of the General Municipal Law, notification is hereby given of approval of a THEBUFFALOENTERPRISEDEVELOPMENTboundary amendment for the Buffalo Economic Development Zone. The effective date of the amendment is March 9, 1998. If your community cannot submit technical data before the Attached is a map and boundary description for the Buffalo end of the 90-day appeal period, you may nevertheless submit Economic Development Zone, as amended. data at any time it becomes available. If warranted, FEMA will RECEIVED AND FILED revise the FIRM after the effective date. This means that the FIRM would be issued with the elevations and zones as NO.183 presently indicated, and the flood insurance requirements COUNTYOFERIEPROPOSEDREFERENDUMONwould be enforced accordingly, until such time as a revision MUNICIPALELECTRICSERVICE could be made. On September 24, 1996, I wrote to Council Member Private persons who wish to appeal should present the data LoTempio at her request to provide my views on the proposal that tend to negate or contradict our findings to you in such then being considered by the Common Council to call for a form as you may specify. we ask that you review and referendum on the creation of a Municipal Electric Service for consolidate any appeals you may receive, and issue a written the City of Buffalo. I understand that the Council may consider opinion stating whether the evidence presented is sufficient to this item at its session on July 21, 1998. I am taking the liberty justify an official appeal on behalf of such persons by the of writing to transmit my letter of September 24, 1996, and to community in its own name. Whether or not the community provide some additional thoughts on this subject. decides to appeal, you must send copies of individual appeals, First, the proposal is of interest to all County residents as it if any, to this office as they are received. will likely have a profound impact on the provision of an If we do not receive an appeal from your community in its important service in the City of Buffalo. The availability, own name within 90 days of the second date of public reliability and cost of electric service is of such vital importance notification, we shall consolidate and review on their own merits to the economy and well being of the City of Buffalo that any such individual appeals that you may forward to us, and we effort that might impact this service must be undertaken only shall make any modifications that may be appropriate. If the after the most serious consideration. A mistake that makes community decides to appeal in its own name, all individual electric service less available or less reliable or more costly appeals must be consolidated into one appeal by you, since, in could significantly set back the efforts underway between the this event, we are required to deal only with the local City and County and others to revitalize our regional economy. government as representative of all local interests. Our final Even protracted litigation, the outcome of which could be decision will be in writing to you and copies will be sent to each uncertain for a long time, could prove to be a significant individual appellant, and to the state coordinating agency. negative factor in business location decisions. FEMA's review process will fully take into account any REFERRED TO THE SPECIAL COMMITTEE ON technical or scientific data submitted by the community that MUNICIPALIZATION tend to negate or contradict the information upon which the proposed determination is based. FEMA's review of the NO.184 appeals will include consultation with officials of the local FEDERALEMERGENCYMANAGEMENTAGENCY government involved. PRELIMINARYFLOODINSURANCERATEMAP The reports and other information used in making the final On April 10, 1998, your community was provided a preliminary determination will be made available for public inspection. Until Flood Insurance Rate Map (FIRM) and Flood Insurance Study any conflict of data is resolved and until the revised FIRM (FIS). On May 19, 1998, Mr. Joseph N. Giambra, City of becomes effective, existing floodplain management regulations Buffalo Commissioner for the Department of Public Works, and base flood elevations must be enforced, and flood submitted comments regarding the preliminary FIRM for your insurance shall continue to be available under the currently community. These preliminary comments have been reviewed effective FIRM, dated November 18, 1981. and the appropriate changes will be incorporated into the final The decision by the community to appeal, or a copy of its printed copies of your community's FIRM. decision not to appeal, should be filed with this office no later The FIS and FIRM reflect changes to the elevations of the than 90-days following the second publication of the notice in a flood having a 1% chance of occurrence in any given year newspaper with local circulation. (base flood) for certain locations in the City of Buffalo, New You may find it appropriate to call further attention to the York. The proposed modification in base flood elevations is proposed base flood elevation determinations and to the appeal being made after reviewing the data that was submitted by procedure by using a press release or other public notice. Leonard Jackson Associates, and will revise the currently If there are any further questions regarding the flood effective FIRM dated November 18, 1981. Public notification of elevation revisions or the Flood Insurance Study for the the proposed change in base flood elevation determinations will community, please contact the Director of the Mitigation be given in The Buffalo News, on or about August 28, 1998, Division, Federal Emergency Management Agency, in New and September 4, 1998. A copy of this notification is enclosed. York, New York, at (212) 225-7200, or Philip M. Myers of our In addition, a notice of the proposed change will be published Headquarters staff in Washington, D.C., by telephone at (202) in the Federal Register. 646-2755, or by facsimile at (202) 646-4596. These proposed base flood elevations, if finalized, will REFERRED TO THE COMMITTEE ON FINANCE THE become the basis for floodplain management measures that CORPORATION COUNSEL AND THE COMMISSIONER your community must adopt in order to remain qualified for OF PUBLIC WORKS participation in the National Flood Insurance Program WIP). However, before any revised elevations are effective for NO.185GLEICHENHAUS,MARCHESE&FALCONE, floodplain management purposes, you will be provided an P.C.DAVIDT.KOMPSONVS.CITYOFBUFFALOINDEX opportunity to appeal the proposed revisions. NO.1996-102 Section 110 of the Flood Disaster Protection Act of 1973 Please accept this letter for presentation to the Common (Public Law 93-234) is intended to assure an equitable Council in an attempt to settle the pending lawsuit above, I am balancing of all interests involved in the establishing of special making the instant application and proposal without prejudice flood hazard areas. The legislation provides for a formal should litigation proceed. Essentially, my client, David process of notification and appeals for the community and for Kompson, is willing to discontinue the present action, execute a private persons. we have outlined the appeal procedure below General Release to the City of Buffalo and remove his present for your information. structure at the corner of Hertel and Delaware Avenues within During the 90-day period following the second publication in sixty (60) days of his being approved to construct and operate a the above-named newspaper, any owner or lessee of real new newsstand as set forth below. property in the community who believes his property rights will 1.) Location and Structure: The site for the newsstand will be adversely affected by the proposed base flood elevation be the northeast corner of Main Street at Broadway. The determinations may appeal to you, or to an agency that you Mayor has previously stated his desire to see vendors other publicly designate. The sole basis for such appeals is the than food vendors operating along the Main Street pedestrian possession of knowledge or information indicating that the mail. Our proposed open air structure will sell newspapers proposed base flood elevation determinations are scientifically from major cities throughout the United States, magazines, or technically incorrect. paperbacks, and reading material that is upscale in its nature Note that the 90-day period is statutory and cannot be and accommodating to the business district which it will serve. extended. Appeals of the proposed base flood elevations shall The structure will be between 13'x 15'and 15'x 15' in be based only upon scientific and technical evidence contrary dimension. This size structure will fit well within the expansive to that of the Federal Emergency Management Agency (FEMA) sidewalk area without interfering with either pedestrian traffic or study. However, appeals or inquiries regarding data other than the operation of the hot dog and flower vendors that now the proposed base flood elevations (i.e., incorrect street names, operate in that general vicinity. The design of the structure will typographical errors or omissions, etc.), will be considered by be such that it fits in with the general design and appearance of FEKA, and any appropriate corrections will be made before the Buffalo Place. Enclosed are drawings depicting two possible revised FIRM becomes effective. designs. The cost of building the structure will be born solely by Mr. Kompson, as will any utility hookups. A meeting between us would be beneficial so that I can show 2.) Permit/Lease: Because of the costs involved in Mr. you an idea that would increase tourism as well as public "well Kompson building the new structure and removing the being" in Buffalo's downtown area. newsstand at Hertel and Delaware, more than just a yearly I have made a 28" x 22" watercolor painting to better renewal permit is required. As incentive for the City, more than delineate this idea. just a $60.00 annual fee will be paid by Mr. Kompson. We Please advise when, at your convenience, we can get propose a ten (10) year right to operate with two (2) five (5) together and review the merits of this futuristic plan. year options. Mr. Kompson will pay to the City the sum of REFERRED TO THE COMMITTEE ON COMMUNITY $900.00 per year for this right. Because the cost is less than DEVELOPMENT $1,000.00 per year, no open bidding is required pursuant to Chapter 133 of the Code of the City of Buffalo. Furthermore, NO.189 because the City neither owns the structure or is involved in the RICHARDKERNADHOECOMMITTEEONGOVERNMENT payment or expenditure of funds, this is not subject to the open INTEGRITY bidding requirements of the General Municipal Law. As for the payment which we are proposing, when compared to the lease As me of few citizen activists monitoring City Hall, I again agreement that the City has with the operators of the had a scary experience at on August 21 because Adams Mark Broadway-Fillmore newsstand, Mr. Kompson will be paying I had the temerity to publicly question the ethical integrity of a $4.00 per square foot, whereas the Broadway-Fillmore lease is city official. paid at a rate of $2.90 per square foot. The Niagara District Councilman, having six "family' 3.) Certificate of Insurance: Mr. Kompson will provide a members on the city payroll, used substantial city resources to certificate of insurance that provides Two Million plan his 'Third Hispanic Conference'. I was earlier "banned" ($2,000,000.00) Dollars of coverage for the newsstand and from his office for challenging his hiring an unqualified 17 year- City of Buffalo as an additional insured. This coverage is twice old high school drop-out, who lives with him, as a $34,000 the amount that had been requested by the City in our previous (salary & benefits) "legislative aide'. This time I was ordered to meetings, and we believe it is twice the amount that is presently leave the hallway of the hotel for having challenged the use of insuring the Broadway-Fillmore newsstand. public funds to plan an ethnic conference, as his diverse It has never been Mr. Kompson's desire to be engaged in the district is suffering precipitous decline and middle income Court proceedings and publicity we now find ourselves in. The flight. Having left, two "police', and the now 19 yr.-old aide and fact of the matter is that Mr. Kompson and his family have been her "father' followed me outside. The "father' punched me, involved in the operation of newsstands in the City of Buffalo allegedly without being seen by the "police'. for over fifteen years prior to the instant action. His newsstand This latest incident, coupled with the Councilman's earlier effort at Hertel and Delaware was all but a landmark in the City. It is to have me "banned” from city hall raises serious "freedom of believed that this proposed newsstand, with its upscale design, speech", plus government ethics and accountability issues. appearance and location can become such a landmark in the Efforts to get the Board of Ethics, Office of Citizen future. It will provide a welcome service to the business Participation, or Human Relations Commission to address community while, at the same time, be reminiscent of the days such issues have been unsuccessful when similar individually owned and operated newsstands The low level of participation by citizens in the Charter dotted our City streets. My client is prepared to work closely Revision process, coupled with epidemic levels of suburban with the Council and Buffalo Place so that the proposed flight (currently likely exceeding 200 persons per month) as the newsstand becomes another step in the rebirth of downtown city suffers 3 abandoned houses per day because they have Buffalo. lost all economic value, all speak to a major loss of confidence Thanking you for your time and attention to this matter and in city government. letting you know that Mr. Kompson and I are available to The Council must provide leadership in both increasing answer any questions you may have with regard to the above integrity and accountability. The discussion of raises for the and the enclosed. Council members up to 50% will likely precipitate a crisis of REFERRED TO THE COMMITTEE ON LEGISLATION AND confidence. Any informed observer can see that the city is taxing "'lack of value', likely amounting to $1.5 billion as many NO.186 home owners have lost $10,000 to $20,000 equity in their COMPLAINT1556FILLMORE homes over 5 years. But meanwhile the Council budget has Attached is a letter I recently received from Rev. increased 19%, as there is near universal agreement that Marvin W. Robinson, Pastor of Evening Star Church of God in Council staffing is double what is needed, while "legislative Christ. Please file this claim with the Common Council for aides" too often are cronies who lack critically needed review when regular sessions begin in September. "legislative' skills. RECEIVED AND FILED Areas needing priority 'reform " attention are: 1.Size and qualifications for council staff (and accountability NO.187 for work hours) TAYLOR'SRESTAURANTTAYLORBUILDING,EAGLE& 2.Strong ethics mechanism (including residency MAINSTREETS enforcement) We are in the process of applying for permits for Taylor's 3. Real citizen participation, including guaranteed freedom of restaurant in the former AM&A's building on Main Street. speech An analysis has shown that the optimum seating 4. Prompt city wide reassessment to address illegal taxation capacity involves a building code requirement that three of grossly inflated taxbase. emergency exits be installed. These exits are also required to If there is not vigorous public debate of these issues, and he accessible to the physically challenged. Our plans are to action, led by elected 'representatives of the people' the future use two existing (renovated) exits and construct a third. of the city looks extremely bleak We feel that a new exit with a code compliant ramp located I would urge a concerted effort to support the Charter Revision on the Eagle Street side of the building is the best solution for Commission in real engagement of citizens, including regular both the restaurant operators and the public. Attached is submissions to the Buffalo Newsand neighborhood media, drawing SK-I which shows the proposed construction. programming on public access and WNED TV, evening The face of the building is located within inches of the debates in quadrants of the city, and partnerships with public property line. Our proposed ramp location therefore occurs on schools and universities. City property. The space under the sidewalk in this location is City government is clearly broken and needs massive repair as an extension of the basement. There is no known interference we enter a new century. with future utility access. cc. Mayor's Office, Bd. Of Ethics We are hereby requesting permission from the City of RECEIVED AND FILED Buffalo to construct the above referenced ramp at the location shown on the attached drawing. NO.190 If there are any questions, please do not hesitate to call. COMPLAINTSFROMFEDERALAVE.RESIDENTS REFERRED TO THE COMMITTEE ON LEGISLATION, THE I have review the list of complaints from the Federal Avenue CITY PLANNING BOARD AND THE COMISSIONER OF Residents (#105 C.C.P. Jul 7, 1998) against our company. I COMMUNITY DEVELOPMENT understand that a representative from our company will be asked to attend a committee meeting in the near future. We are more than willing to do whatever it takes to take care of the NO.188 concerns and problems that these residents have brought to C.W,KAUPPIDEATOINCREASETOURISM our . I believe that it would be of mutual advantage if I could One of our managers was approached by a residents back in introduce you to an idea that would be a giant step ahead for May and we thought that the problems were taken care of. The the City of Buffalo. City of Buffalo did have a construction project going on during 50 Wolf Road this period and since school has ended there should not be any Albany, New York 12233-1010 problems through the summer months. REFERRED TO THE COMMITTEE ON COMMUNITY I would like to address each one of their concerns and our DEVELOPMENT AND TBE BUFFALO ENVIRONMENTAL plan to alleviate the problem. MANAGEMENT COMMISSION 1. The buses ride through our street at a high rate of speed.- There is a lot of congestion on this narrow street and it was one NO.193 of the alternate routes due to the construction on Kensington NEWYORKSTATEDEPARTMENTOFENVIRONMENTAL Avenue. I will have a Safety Field Supervisor during the school CONSERVATION year monitor this area. Anyone found speeding will have HAZARDOUSWASTEDISPOSALSITE disciplinary action taken against them. 204BRISTOLST. 2. They ride on the grass and tear it up.- Our employees park The Department of Environmental Conservation (DEC) along this street which adds to the problem of this narrow maintains a Registry of sites where hazardous waste disposal street. We will make every effort to get them to use the has occurred. Property located at 204 Bristol Street in the City employee's parking lot which is provided for them. Now that of Buffalo and County of Erie and designated as Tax Map Liberty Avenue is open our buses will be routed down to Numbers 111.66-8-29.1 and 111.66-8-28 was recently added Kensington through there instead of Federal Avenue. as a Class 2 in the Registry. The name and site I.D. number of 3. They stop in the middle of the street to let off aides or pick this property as listed in the Registry is Bristol Street, Site #91 them up and drop off groceries to their parked cars.- Our 51 70. Safety Department will be monitoring this area and disciplinary The Classification Code 2 means that a significant threat to action will be taken with any offenders. the public health and environment exists -- action required. 4. The employees park in driveways, on the grass and take We are sending this letter to you and others who own up all the parking spaces on Federal Ave. We will strictly property near the site listed above, as well as the county and enforce parking in the employees parking lot. If anyone’s town clerks. We are notifying you about these activities at this driveway is blocked the resident has the option to call and have site because we believe it is important to keep you informed. that vehicle towed away. If you currently are renting or leasing your property to Laidlaw Transit will do everything it can to rectify this someone else, please share this information with them. If you situation. Any person who has a question or concern can bring no longer own the property to which this letter was sent, please it to my attention by calling my office at 835-2883. I am located provide this information to the new owner and provide this at the 140 Shawnee Branch and will be more than happy to talk office with the name and address of the new owner so that we to any of our neighbors. I look forward to meeting with them can correct our records. and hope that the steps that we are taking will take care of The reason for this recent classification decision is as these problems. follows: REFERRED TO THE COMMITTEE ON LEGISLATION The property at 204 Bristol Street is a residential home, which reportedly had a long term history of "recycling" NO.191 transformers at the rear of the property. An adjacent empty lot, NATIONALFUELPAYMENTCENTERS owned by the City of Buffalo, was also used as part of the In response to your resolution opposing the term centers for operation as a location for a crude burning activity. The exact National Fuel bills, I am pleased to inform. you that those method of recycling is not known but it is deduced that copper locations will once again be accepting payments. In fact, an taken from the transformers was cleaned by burning it in an expanded list of payment centers will soon be in effect. open drum on site. Samples of on-site soil showed total In addition to Wilson Farms and Vix, Tops Markets will once Polychlorinated Byphenols (PCBs) levels of 650 pm to 941 pm. again National Fuel payments, but will be charging Customers Off-site samples (residential property) results varied from 255 a $.50 service fee for handling. Additionally, National Fuel has pm to non-detect. The City of Buffalo conducted a preliminary contracted with First Data Corp., NYCE, and Traveller's sampling program and initiated removal of approximately 80 Express, three nationally known processors, to provide a cubic yards of soil on adjacent property at 208 Bristol Street in greater number of customer payment locations with longer September 1997. No other work has been completed to date business hours for greater convenience to our by the City (March 1998). There is a potential for off-site customers. stormwater runoff to contribute to the City Sanitary and Storm I hope this response is adequate to address the Sewer Systems with eventual discharge to the Buffalo river and concerns expressed in your resolution. If further clarification is Niagara River through City owned and operated overflow and required, please contact me immediately at 857-7780 discharge structures. The City property has been temporarily RECEIVED AND FILED fenced with construction fencing and posted with "No Trespassing" signs. The site has been referred to the USEPA NO.192 for an Emergency Removal Action. NEWYORKSTATEDEPARTMENTOFENVIRONMENTAL If you would like additional information about this site or the CONSERVATIONINACTIVEHAZARDOUSWASTESITE204inactive hazardous waste site remedial program, call: DEC's BRISTOLST. Inactive Hazardous Waste Site Toll-Free Information Number As mandated by Section 27-1305 of the Environmental 1-800-342-9296 or Conservation Law (ECL), copy enclosed, the New York State New York State Health Department's Health Liaison Program Department of Environmental Conservation (Department) must (Help) 1-800-458-1158 ext. 6402. maintain a registry of all inactive disposal sites suspected or REFERRED TO THE COMMITTEE ON COMMUNITY known to contain hazardous wastes. The ECL also mandates DEVELOPMENT AND THE BUFFALO ENVIRONMENTAL that this Department notify, by certified mail, the owner of all or MANAGEMENT COMMISSION any part of each site or area included in the Registry of Inactive Hazardous Waste Disposal Sites. NO.194 Our records indicate that you represent the owner or part NIAGARAMOHAWK owner of the site listed below. Therefore, this letter constitutes ELECTRICRATES notification of the inclusion of such site in the Registry of Having attended Common Council sessions on July 20 and 21, Inactive Hazardous Waste Disposal Sites in New York State. I would like to offer some additional information regarding some DEC Site No 915170 of the observations you made. Site Name: Bristol Street The July 17 Kiplinger Newsletter touts robust economic Site Address 204 Bristol Street, Buffalo, NY 14206 growth on Long Island and New York City, but projects Site Classification:2 continued difficulties in Buffalo. Enclosed is a copy of the Department's Inactive Hazardous This observation was used to support the contention that Waste Disposal Site Report form as it appears in the Registry electric rates are the cause of a weak economy in Buffalo. and Annual Report together with an explanation of the site However, as the attached table indicates, electric rates are classifications. The Law allows the owner and/or operator of a actually much higher on Long Island and in New York City than site listed in the Registry to petition the Commissioner of the they are in Buffalo. By highlighting this comparison, you have New York State Department of Environmental Conservation for in fact demonstrated the fallacy of blaming Buffalo’s economic deletion of such site, modification of site classification, or woes on electric rates. Clearly, other factors explain the modification of any information regarding such site, by difference in economic outlook among these three regions. submitting a written statement setting forth the grounds of the Electric rates are, of course, important. As I indicated in my petition. Such petition may be addressed to: remarks on the 20'h, Niagara Mohawk, through such initiatives Mr. John P. Cahill as PowerChoice, economic development zone rates and Commissioner Replacement Power, has undertaken a number of rate New York State Department of Environmental Conservation strategies to stimulate economic growth. Furthermore, our Economic Development Department works in many creative the state. However, the state association of municipal utilities, ways with municipalities throughout the state. including Buffalo, of which Massena is a member, exercised its legal right to to promote economic growth. We remain fully committed to a challenge these MDAs and ultimately prevailed in court. collaborative partnership with Buffalo to pursue this objective. Subsequently, the power was recontracted to these municipal Niagara Mohawk had to issue $3.4 billion in 'junk bonds" utilities for a time period that runs to 2013. to pay for its mistakes. Rates in Buffalo are 55% above the national average. The sale of these bonds will allow us to begin lowering prices As the attached table of average electric rates indicates, this for our customers. Here's why. claim is generally true. However, please note that, while rates The funds raised by the bond issue have been used to are consistently in the range of 5 - 70 per kwh in most states in terminate or restructure 27 contracts with independent power the country, rates for investor-owned utilities in New York are all producers. These contracts resulted from federal and state well above the national average. policies initiated in the late 1970s and early 1980s that were You have claimed that poor management caused Niagara designed to promote independent, non-utility power production. Mohawk's rates (which for many years had been the lowest Because of the way this policy was implemented, Niagara among investor-owned utilities in the state) to rise to this level. Mohawk and its customers have been paying hundreds of It is implausible that management failure could be the cause of millions of dollars annually in above-market costs to purchase such a discrepancy between all the state's utilities and the rest power from IPPs. of the U.S. Why would it be that the management of each of Government established the policy that required the company those utilities would perform significantly worse than their to sign these contracts. colleagues at virtually every other utility in the country? Such Government set the prices that Niagara Mohawk was required an assumption would be especially difficult to support in light of to pay for the power. Government set few limits on the amount recruitment practices that cause a fair amount of migration of of this power that Niagara Mohawk had to buy. However executives between New York utilities and those elsewhere in worthwhile the original intentions of this policy, it remains the the country. government's "mistake," not Niagara Mohawk's. In reality this discrepancy stems from a variety of factors Your characterization, "junk bonds," refers to the fact that associated with doing business in New York. Taxes on utilities, rating agencies classified these bonds as "below investment for examples are about twice the national average. grade." Niagara Mohawk is virtually the only utility in the country How can the Union be silent in light of executive bonuses at whose securities are rated at this level. The reason for this is Niagara Mohawk? You need to go back to the company and that Niagara Mohawk is bearing much of the financial tell them they have to be competitive. consequence of failed government policy regarding Executive salaries are inevitably a controversial and contentious independent power. The only practical means available to bring issue. But competitiveness is indeed the key factor that the rating of these bonds in line with other utilities would have determines the appropriate level of such compensation. The been to raise the company's revenues by substantially Board of Directors, which sets executive compensation policy increasing its rates. This course of action would obviously for Niagara Mohawk, recognizes that the company must have been unacceptable to our customers. Instead, we have compete with other companies, both inside and outside the used a marketbased solution -- without any government bailout utility industry, to attract and retain executives needed to -- to resolve a government-created problem. operate the company in the best interests of its customers and If the company had chosen not to pursue the issuance of these investors. As a result, the company has instituted a pay-for- bonds, the existing independent power contracts would have performance program that ties management compensation remained in place. Many of them had state-mandated pricing more closely to results achieved. Despite the fact that provisions that would have escalated their cost yet further. customers benefit from these results, shareholders have paid Thus, the result of not issuing the bonds would have been for these bonuses, not customers. significantly higher rates for Niagara Mohawk's customers in Even with these policies, compensation of the company's top Buffalo and elsewhere. executives has consistently fallen at the very low end of the There is absolutely no truth to the contention that Replacement range for comparably sized utilities throughout the country. Power allocations to Buffalo industries would be jeopardized by One concrete example of this comparison involves Western a municipalization. Resources, the electric utility parent of the Wing Group. In Niagara Replacement Power is unique among the categories of 1997, according to public proxy statements filed by both electricity generated by the New York Power Authority and sold companies, the total compensation for the top five executives at to customers in Niagara Mohawk service territory. Under the Western Resources was $1.2 million greater than that for the federal law that enabled the construction of the Niagara Power top five Niagara Mohawk executives, a difference of $240,000 Project, the Power Authority was required to sell by contract to per individual. Niagara Mohawk 445 megawatts of power for the benefit of The potential for recruitment of executives to and from utilities industrial customers. This provision stems from the fact that is real. A number of Niagara Mohawk's executives were Niagara Mohawk had a pre-existing license for that amount of recruited from utilities around the country, and in turn a number capacity at Niagara Falls. Thus this power truly belongs to have been recruited away from Niagara Mohawk, including one Niagara Mohawk as long as the contract is in force. who became the top nuclear officer at Western Resources. Niagara Mohawk feels it has an obligation to insure that As always, we would be happy to discuss these and other resources it controls are first used for the benefit of its issues with you and other members of the Council. Niagara customers rather than those of other utilities. Consequently, a Mohawk has undertaken significant financial sacrifice in order municipalization in Buffalo would place Niagara Mohawk in an to achieve reductions in rates and bring retail competition to extremely difficult position. Imagine, under the current Buffalo at an early date. We remain committed to working circumstances, what your reaction would be if a Buffalo closely with Council Members and City officials as you seek to industry applied to Niagara Mohawk for an allocation of take best advantage of the changing energy marketplace. Replacement Power and was told it was unavailable because REFERRED TO THE SPECIAL COMMITTEE ON Niagara Mohawk was selling it to the customers of another MUNICIPALIZATION. utility. I am sure you would find that unacceptable, and so would we. NO.195 All that cheap electricity is generated nearby at Niagara VNIAGARANIAGARAMOHAWK Falls and none of it benefits customers in Buffalo. COMMITTEETOREVIEWISSUESRELATED First, above and beyond the power explicitly set aside for TOENERGYSERVICE industrial customers, Niagara Mohawk has a contract for a During the last Council session in July, you announced that modest, 126 MW allocation of Niagara hydropower. This you would be forming a committee to review issues related to power goes exclusively to the benefit of residential and farm energy service, especially electric energy. It was our customers with no markup. However, since it represents only a understanding that such a committee was to be formed quickly small portion of the total resources needed to serve residential and would be broad based in its makeup. and farm customers, its impact on residential rates is relatively Niagara Mohawk is most interested in the proceedings of that small. committee. I am writing today to inquire about the status of this Forty percent of the output of the Niagara plant is allocated by activity, as well as to again offer our services in support of the federal law and by contract to New York state -municipal committee's efforts, either as a direct member or in a support utilities who serve only a few percent of the state's citizens. role. This allocation is the reason the rates of existing municipal I will be contacting your office in the next few days to discuss utilities are so low. In the early 1980s, as the original contracts how Niagara Mohawk might best assist the committee and its were expiring, the Power Authority, with the cooperation of the review of energy options for the City of Buffalo. In the investor owned utilities, encouraged local governments to meantime, please contact me directly at 857-4286 if you have establish municipal distribution authorities as a means of any questions or need any assistance. Thank you. achieving a fairer distribution of this power to all the citizens of REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION Cabot" to its fleet of ships. I believe that Buffalo would be able to become one of the premier host cities catering to All Naval NO.196 Ship Association groups in the future. These associations BUFFALOHOMEEQUITYLIVINGPLANS would begin to look forward to hosting almost on a regular I am enclosing a copy of the Minutes of today's meeting of basis their re-unions here time and again in Buffalo. the Board of Director of Buffalo HELP, Inc. along with the The re-unions would not have to be limited to just the Letter Agreement signed by Norman Sakos this date. In as ships that make up the Naval Park Fleet. I recommend that the much as we have information as to the possibility that staffers city take a serious look at where I have suggested the new currently employed at the campground are anticipating home for the Noval Park and I propose that the Pier Restaurant resigning, I would suggest that the three of you meet as soon location could be moved and the present building in which it is as possible to insure a continuity of operation. presently occupying can be purchased, re-modeled, and Mr, Bakos has indicated a willingness to answer any configured appropriately to host the naval Ship re-unions on a questions that may arise. He can be reached at 892-1629. year round basis. The facility would also house the museum's Additionally, Paul Gaeta, a staffer at the campground and daily restaurant and the gift shop in its interior. The facility Florence Mayers, a HELP office staffer are also available for would also lend itself to be out-sourced for public and private questions. Mr. Gaeta can be reached at 655-5437, and Ms. events that would allow this facility to be rented and generate a Meyers can be reached at 632-1381. portion of its own operating cost that could then be put back Buffalo Common, Councilman Richard Fontana, of into the Parks operating budget. the Lovejoy District, has a lengthy involvement with this project I thank you for your consideration of my proposal. You would and is very amenable to sharing his knowledge with you as have my sincere gratitude and that of future generations by members of the new Board of Directors. actively supporting this proposal in the best interest of The City On behalf of Attorney General Dennis Vacco, I wish to express of Buffalo. our appreciation for your assistance in this endeavor of REFERRED TO THE COMMITTEE ON COMMUNITY significant consequence to the City of Buffalo. DEVELOPMENT REFERRED TO THE COMMON ON FINANCE NO.199 NO.197 ROBERTQUINTANAOBJECTIONTOCHANGESTOTHE ATTORNEYGENERAL LINWOOD I am in receipt of your letter dated August 20, 1998. I have AVENUEPARKINGREGULATIONS forwarded your concern to Shirley Sarna, Bureau Chief of the I am objecting to the upcoming changes to the Linwood Consumer Frauds and Protection Bureau. I have asked Shirley Avenue parking regulations. The changes are the result of a to review the matter and respond directly to you regarding her mail-in survey conducted among home and building owners. findings. Unfortunately, it is not the home and building owners who Thank you for your correspondence regarding this matter. would have to move their cars at 11PM. It is irresponsible of REFERRED TO THE SPECIAL COMMITTEE ON city government to sacrifice the personal safety of hundreds of MUNICIPALIZATION constituents to save a few businesses an inconvenience. There are many apartment buildings in the Niagara District NO.198 section of Linwood whose hundreds of tenants very much PAULD.PERONA benefit from the currentrestrictions. Has anyone, besides my SUPPORTFORTHEPRESERVATIONANDPERMANENToffice, contacted them? HOMEOFTHEUSSCABOTANDTHEBUFFHLONAVAL& Councilmember Coppola and his constituents are in favor of SERVICEMEN'SPARK. this new change. It would be advantageous to us all if Linwood First, let me thank you for taking time from your very busy would be split as if it were two streets. The needs of the schedule to read this letter and enclosed proposal. I am writing Niagara District dramatically oppose what would be to ask for your intervention and support in saving an advantageous to the Delaware District. I will continue to work endangered national treasure. The treasure I speak of is the with Councilmember Coppola and Commissioners Sullivan and aircraft carrier USS Cabot. The USS Cabot is an Giambra to reach an equitable solution to this serious problem. Independence Class escort carrier that served with distinction REFERRED TO THE COMMITTEE ON LEGISLATION, THE during W.W.H. While kept in New Orleans for display, the ship CORPORATION COUNSEL. AND THE COMMISSIONER has unfortunately been retaken by the US Navy due to the poor OF PUBLIC WORKS upkeep conditions of the ship. This ship, like other prominent naval veterans before her (such as the original USS Enterprise NO.200 CV-6), may fall victim to scrapyard torches. W.JAMESSCHWANTRACYD.SAMMARCORE:CHG. I wish to ask your support for the donation of the USS Cabot SHIFTHR.FORPOLICEDEPT.(RES.205MARCH3,1998) to the city of Buffalo, New York with preservation to be CHG.SHIFTHR.FORPOLICEDEPT.(RES.205MARCH3, maintained at the Buffalo Naval and Servicemen's Park. The 1998) USS Cabot will join other historic vessels such as the USS The undersigned is the attorney for the Buffalo Police Sullivans and the USS Little Rock. Benevolent Association. A copy of your communication to Additionally, I am proposing that a permanent museum Robert Meegan, the PBA's President, dated August 25, 1998 facility be built to maintain this important collection of ships and has been given to me with request that I respond. aircraft for future generations to enjoy. Details of my proposal As is well known to the Council, shift hours within the Buffalo accompany this page. You are a champion of economic growth Police Department is a mandatory subject of negotiations under and the creation of new jobs. This project would lead to the the Taylor Law. Negotiations for a successor collective creation of a number of new, permanent jobs in the Western bargaining agreement only recently commenced. Given the New York Area. Your support would contribute toward the city past history of negotiations and number of proposals submitted of Buffalo hosting one of the premier waterfront attractions on by the City, it is anticipated that negotiations will be protracted. the Great Lakes and inner waterway system. Therefore, please be advised that there is nothing to report. as In addition the economic impact that the permanent facility directed by the subject resolution, and will be nothing to report provides back to the people of Western New York would more for probably several months for than justify going ahead with this project. Finally, I would be remiss if I did not note that we do not Let me provide a quick overview of how this is accomplished agree with the stated assumptions set forth in the subject when having the proper facilities that will actually attract tourist resolution. and interest groups to it that will provide this impact. REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR After speaking to the Bureau of Naval Affairs of New LAW IMPASSE AND THE CORPORATION COUNSEL York, I recently found out that The Destroyer Escort "The USS Slater" was recently preserved in Albany, NY. Already in the NO.201 brief time this ship has been on display less than one year in SOUTHTOWNSPESTCONTROLINSPECTION this city, The Albany Convention Bureau has already booked REPORTGELMACQUALITY over eighty-two destroyer escort association re-unions and has INTERIOR been receiving additional requests for Naval Association Bait Stations Serviced Bookings by organizations other than destroyer escort groups. Overall Inspection Information as provided to me by the Naval Bureau, and the EXTERIOR Convention Bureau has informed me that each individual tourist Bait Stations Serviced spends among $15.00 -- $20.00 per day just visiting one Perimeter Inspection attraction. Level Of Rodent Activity: NONE LOW The City of Buffalo should help provide the Naval Park with Method Of Treatment: BAIT the proper facilities and add The Light Carrier "The USS Comments Weed Control Needed. Weed Control. Approved. small amount of money. This is an idea which I feel would ASAP.Operations are more organized. bring a large amount of people from the suburbs into the city. REFERRED TOTHE COMM ITTEE ON LEGISLATION Specifically, the city should consider the feasibility of a Christmas or Thanksgiving parade which is a tradition in other NO.202 large cities such as Toronto and New York. A possible day for TCIOFNEWYORK,INC.2NDQUARTERCUSTOMERthis parade would be the Saturday after Thanksgiving. The SERVICESTANDARDSREPORT parade could begin near North St. and proceed down Elmwood Enclosed please find a copy of the 2nd Quarter Customer Avenue to Forest Ave. Elmwood Ave. would be a good route Service Standards report as submitted to the New York State since there is a heavy concentration of retail shops, Public Service Commission. restaurants, bars, and coffee shops. This would encourage If you should have any questions, please feel free to call many people to patronize these businesses rather than just the either of us at 853-8700. businesses in suburban malls. Also, there is no major event TCI of New York, Inc. is committed to providing the City of which runs down Elmwood Ave. comparable to Delaware Buffalo with quality information and entertainment services and Avenue's Allentown Art Festival or the Saint Patrick's Day the best value through superior customer satisfaction. parade. REFERRED TO THE COMMITTEE ON This parade could consist of high school marching TELECOMMUNICATIONS AND THE OFFICE OF bands. It is rare that the people of Western New York have an TELECOMMUNICATIONS opportunity to hear these many talented young people in one location and at the same time. Since ideally the parade would NO.203 be at the end of November, die students would have enough TELERGYCENTRAL,LLC time to prepare themselves since school begins in September. TELERGYFRANCHISEAGREEMENT Another aspect of this parade could be. a competition for Enclosed please find a copy of the Franchise Agreement that best float. Organizations throughout the city could be invited to we request be placed on the Agenda for the September 8, create floats. Encompassing the diversity of ethnic groups in 1998 Common Council meeting. Pursuant to direction from the city, floats depicting Kwanza and Channukah could be your office, we have forwarded an original to Tom Tarapacki so included. that he can submit the same before your 2:00 deadline today. The parade could culminate with a Santa Claus float. Elves However, as an extra measure of security, we fax the attached could walk along the parade route passing out candy canes. to you also. We will place a duplicate original in the overnight Another feature of the parade would be the lighting of the City mail tonight. Christmas tree -which could be set up at the end of the parade Thank you for your consideration and if you have any route possibly in front of the Albright-Knox Art Gallery. At the questions please call. conclusion of the parade , the Mayor could join Santa Claus REFERRED TO THE SPECIAL COMMITTEE ON near the Christmas tree! for the official lighting. A youth choir TELECOMMUNICATIONS AND THE OFFICE OF could be assembled near the tree singing holiday songs. TELECOMMUNICATIONS Additional features would be sidewalk vendors selling hot dogs and other food items. Also, charitable groups such as the NO.204 Salvation Army and Toys for Tots could be invited. A.THELEMARCKRESIGNATION-HEATINGEXAMINERS Costs would entail police security and cleanup BOARD crews. However, these costs would be relatively minor Please accept this letter as my official resignation from Any considering all the economic benefits which would result from seat on the Heating Examiners Board. I have just accepted a the large-. amounts of people that an event of this magnitude position with the architecture from Morris/Switzer Architects in would attract. Burlington, Vermont. I will be starting my new job on the 24th of REFERRED TO THE COMMITTEE ON LEGISLATION this month. Please let me know if I have any other obligations to attend to. I can be reached at home at 834-9280 or at work NO.207 at 833-1873. Thank you for your time. NIAGARAMOHAWK RECEIVED AND FILED REPORTOFTHECITYOFBUFFALOENERGY PARTNERSHIPBRIEFINGSEPTEMBER2,1998 NO.205 REFERRED TO THE SPECIAL COMMIWEE ON ENCROACHMENTCITYOFBUFFALOIXCTERMINALATMUNICIPALIZATION 350MAINSTREETINTERCONNECTTOWILLIAMSPOP AT325DELAWAREAVENUE PETITIONS Williams Communications, Inc. (WCI) is proposing to interconnect their POP at 325 Delaware Avenue and IXC's NO.2089274GROUP,INC.,PURCHASER,PETITIONTO POP at 350 Main Street. REZONE296BRYANTFROMR3TOEBFORA A search for existing conduit was done and it was PHARMACY. determined MFSNT (MFS) had recently completed the REFERRED TO THE COMMITTEE ON LEGISLATION, THE installation of conduit for the same route Williams is proposing. CITY PLANNING BOARD AND THE An agreement with MFS is in the process of being negotiated. COMMISSIONER OF COMMUNITY DEVELOPMENT. The proposed installation for the interconnect will be located in existing conduit the entire distance except for 300 feet between NO.209 an MFS handhole and 325 Delaware Avenue. This short R.CHAINANI,OWNER,PETITIONTOUSE520ELMWOOD distance will require new construction. The total distance FORARESTAURANT/APT. between the two (2) sites is approximately 5,800 feet. By REFERRED TO THE COMMITTEE ON LEGISLATION, THE utilizing existing conduit disturbance to City right of way will be CITY PLANNING BOARD AND THE COMMISSIONER OF keep to a minimum COMMUNITY DEVELOPMENT. WCI is requesting permission to construct the approximately 300 feet required to complete the interconnect. This letter shall NO.210R.&M.WHITMAN,OWNER,PETITIONTOUSE532 serve as a request to the City of Buffalo Common Council to NORFOLKFORAPOLESIGN. grant an Ordinance to WCI to encroach City right-of-way with REFERRED TO THE COMMITTEE ON LEGISLATION, THE conduit and fiber optic cable. WCI is requesting the project be CITY PLANNING BOARD AND THE COMMISSIONER OF placed on the September 8, 1998 agenda for the Common COMMUNITY DEVELOPMENT Council meeting. Enclosed please find a location map to assist in identifying NO.211 the route. Thank you for your assistance in this matter and if SHIPCANAL,OWNER,PETITIONTOUSE9CITYSHIP you should have any questions please contact me at (918) 573-CANALFORABILLBOARD. 6516. REFERRED TO THE COMMITTEE ON LEGISLATION, THE REFERRED TO THE COMMITTEE ON FINANCE AND THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMISSIONER OF PUBLIC WORKS AND THE COMMUNITY DEVELOPMENT CORPORATION COUNSEL NO.212 NO.206 A.LEWIN,OWNER,PETITIONTOUSE807ELMWOOD MR.PAULWISNIEWSKIBOOSTBUFFALOWITHFORASIT-INRESTAURANT. CHRISTMASORTHANKSGIVINGDAYPARADE REFERRED TO THE COMMITTEE ON LEGISLATION, THE There are many ways of boosting the City of Buffalo, many of CITY PLANNING BOARD AND THE COMMISSIONER OF which require significant amounts of capital. However, there is COMMUNITY DEVELOPMENT one idea which I feel would help boost the City with a relatively NO.213 A.SCACCIA,OWNER,PETITIONTOUSE1842-1850NO.222 SENECAFORASIT-INRESTAURANT. BY:MR.FONTANA REFERRED TO THE COMMITTEE ON LEGISLATION, THE WAIVEPERMITFEESFORNEWBURGHCOALITION,INC. CITY PLANNING BOARD AND THE COMMISSIONER Whereas: The Newburgh Coalition has acquired a house at OFCOMMUNITY DEVELOPMENT 143 Theodore Street from HUD for $100.00; and Whereas: The Coalition is a non-profit organization in the NO.214 Greater Schiller Park neighborhood, who would like to bring CARPEDIEMDEVELOPMENT,OWNER,PETITIONTOback the quality of life into the Theodore Street neighborhood; USE377MAINFORAWALLSIGN. and REFERRED TO THE COMMITTEE ON LEGISLATION, THE Whereas: The Coalition is aimed at involving private sector CITY PLANNING BOARD AND THE COMMISSIONER OF support for a nonprofit, City focused, residential rehabilitation COMMUNITY DEVELOPMENT program; and Now, Therefore, Be It Resolved: That the Common Council NO.215 authorize the waiving of all C.JACOBBI&0-ELIMINATEUSEOFCITYSIDEWALKSpermit fees pertaining to the rehabilitation of 143 Theodore TOSKATEBOARDERS,IN-LINESKATERSANDStreet by the residential rehabilitation componet of the BICYCLERS,BETWEENAUBURN&W.FERRYST. Newburgh Coalition Inc; and REFERRED TO TBE COMMITTEE ON LEGISLATION, THE PASSED CITY PLANNING BAORD AND THE COMMISSIONER OF AYES - 13 NOES - 0 COMMUNITY DEVELOPMENT NO.223 By: Mr. Fontana NO.216 GREATEREASTSIDEBLOCKCLUB-SUPPORT PERMITFEESFORSTEVE'SMEATS ASSEMBLYBILL8965–TENANTACCOUNTABILITYACT. Whereas: Steve's Meats has been a successful business at RECEIVED AND FILED 1279 East Delavan Avenue for the last rive years; and NO.217 Whereas: The owners have renovated this building and GREATEREASTSIDEBLOCKCLUB-SUPPORT property at their own expenses, making it an asset to the East EXPANSIONOFLOVEJOYST.ATWESTEND. Delavan Community; and Whereas: After completion of the renovations at 1279 East RECEIVED AND FILED Delavan Avenue, Steve's Meats has outgrown the present location; and NO.218 Whereas: Steve's Meats has recently purchased 1314 East GREATEREASTSIDEBLOCKCLUB-REQ.FOUR-WAY Delavan Avenue, which was a dilapidated auto parts store. STOPSIGNINTERSECTIONATDAVEYST.& Renovations are currently being done at this property; and VANDERBILTST. Whereas: Steve's Meats is a shining example of people REFERRED TO THE COMMITTEE ON LEGISIATION AND being committed to their neighborhoods considering that both THE COMMISSIONER OF PUBLIC WORKS owners grew up in the area; NO.219 Now, Therefore, Be It Resolved: L.DALE&0-TAXPAYERSDONOTAUTHORIZE That the Common Council waive all future permit fees APPROPRIATIONOFFUNDSFORMOVINGTHEZOO. associated with any renovations REFERRED TO THE COMMITTEE ON FINANCE made to 1314 East Delavan Avenue, Steve's Meats; and Be It Finally Resolved: RESOLUTIONS That copies of this resolution be forward to the Law BY:MR.COPPOLA Department and the Permit Office for future reference. DISCHARGECOMMITTEEONLEGISLATION-REFERRED TO THE COMMITTEE ON FINANCE AND THE MUNICIPALIZATION-KEYISSUES CORPORATION COUNSEL RES.180,C.C.P.JULY7,1998 Whereas The above item is currently tabled in the Committee NO.224 on Legislation; and BY:MR.FONTANA Whereas It is no longer necessary for this item to be FUNDSFROMH.E.L.P.AGENCY considered by that committee; Whereas: In 1982 former Lovejoy District Councilmember Now, Therefore, Be It Resolved: Norman Bakos founded Home Equity Living Plan Inc., known That this Common Council does hereby discharge the from here on as H.E.L.P. HUD supplied funds to start this Committee on Legislation from further consideration of item # reverse mortgage entity; and 180 - C.C.P. July 7, 1998, "Municipalization Key Issues," and Whereas: by 1985, H.E.L.P. had violated HUD's said item is now before the Common Council. guidelines by paying out lump sum payments to seniors for Seconded by: Mr. Franczyk their homes. HUD guidelines state that no lump sum payments Mr. Coppola now moves the approval of item #180, C.C.P. July may be made. As a result of that violation HUD demanded full 7, 1998, "Municipalization-Key Issues" with the following restitution of any funds paid to H.E.L.P.; and addition: Whereas: Former Councilmember Norman Bakos cut a Seconded by Mr. Franczyk check to HUD for the sum of $837,000 as restitution to HUD; That the Buffalo Common Council does hereby authorize a and feasibility study at, an approximate cost of $125,000 to study Whereas: The Griffin administration granted Lovejoy District alternatives to the current electric distribution system of the City Councilman Norman Bakos $837,00 to continue the H.E.L.P. of Buffalo, including municipalization, aggregation and the program; and effects of deregulation on the current electric distribution Whereas: In 1988 Norman Bakos began privately leasing the system through a referendum pursuant to Section 411 of the campground, known today as Yogi Bears Yellowstone Charter of the City of Buffalo. Campground in North Java; and Be it Finally Resolved: Whereas: In 1993 the H.E.L.P. agency, with Mr. Bakos on That the Corporation Counsel prepare the question for the the board, purchased the Wyoming County campsite to be ballot and return the language to the Common Council for final used as a think tank for great thinkers; and ratification. Whereas: It was told the city children would be taken out to LOST the country for a day, out of the city. To date only a handful of AYES COPPOLA, FONTANA, FRANCZYK, GRAY, children have attended the facility; and LOTEMPIO, PITTS, QUINTANA, ZUCHLEWSKI – 8 NOES Whereas: Many district residents have spoken with BROWN, HELFER, KAVANAUGH, MANLEY, WILLIAMN - 5 Councilman Fontana as to what can be done to sell the campground and use the money in the Lovejoy District; and NO.221 Whereas: In January Councilimember Fontana started an BY:MR.COPPOLA intensive investigation into the H.E.L.P. agency; and COSTOFLIVINGRAISEELECTEDOFFICIALS Whereas: In April Councilmember Fontana enlisted Attorney I am writing to inform you that I support a Cost of Living General Dennis Vacco's expertise and authority over not-for - increase for all elected officials. I don't know what other profit agencies to investigate this; and Council Members are suggesting, however, I propose a 3% Whereas: In mid August Attorney General Vacco forced percent increase. Norman Bakos off the board of H.E.L.P. and comprised a new I would appreciate it if you consider my proposal. three member board; and RECEIVED AND FILED Whereas: The new board now has control over H.E.L.P.'s eight homes and the campground in Wyoming County; and Capital Projects Fund to the credit of the Department of Public Now, Therefore, Be It Resolved: That the new board of Works, Division of Engineering, "Michigan Ave. Bridge H.E.L.P. at the urging of the Lovejoy District residents sell the Reconstruction, 1998-99", Bond Authorization Account No. campground at the highest possible selling price along with 200-401, and shall be used for the specific object or purpose H.E.L.P.'s other eight properties; and specified in Section I of this resolution. Be It Finally Resolved: That all funds returned to the City of Section 3. The City intends to finance, on an interim basis, Buffalo be returned to the Lovejoy District's infrastructure the costs or a portion of the costs of said improvements for account. which bonds are herein authorized, which costs are reasonably PASSED expected to be incurred by the City, pursuant to this Bond AYES - 13 NOES - 0 Resolution, in the maximum amount of'$10,000,000. This Resolution is a declaration of Official Intent adopted pursuant NO.225 to the requirements of Treasury Regulation Section 1. 150-2. BY: MR.FONTANA Section 4. The following additional matters are hereby DONATIONOFPRIVATEPROPERTYTOTHECITYOFdetermined and stated: BUFFALO (a) The period of probable usefulness applicable to the Whereas: Mr. Edwin R. Pac of 888 Lovejoy Street is the specific object or purpose for which the bonds authorized by current owner of an unoccupied double dwelling located at 78 this resolution are to be issued within the limitations of Section Moreland Avenue; and 11.00 a. 10 of the Law, is twenty (20) years. Whereas: Mr. Pac is current in all taxes at this property, and (b) Current funds are not required by the Law to be there are no liens against the property; and provided as a down payment prior to the issuance of the bonds Whereas: Mr. Pac is no longer able to maintain the property authorized by this resolution or any bond anticipation notes and would like to donate it to the City of Buffalo to be used for issued in anticipation thereof in accordance with Section any future development or rehabilitation; 107.00 d. 9. of the Law. Now, Therefore, Be It Resolved: Section 5. Each of the bonds authorized by this resolution That the Common Council requests the Department of and any bond anticipation notes issued in anticipation of the Community Development, on behalf of the City of Buffalo, to sale of said bonds and the renewals of said notes shall contain accept Mr. Edwin R. Pac's generous donation of the property the recital of validity prescribed by Section 52.00 of the Local located at 78 Moreland Avenue; and Finance Law. Said bonds and said notes shall be general Be It Further Resolved: obligations of the City of Buffalo payable as to both principal That this property be considered for any future development or and interest by a general tax upon all the taxable real property rehabilitation by the City of Buffalo to help improve the quality of within said City without limitation as to rate or amount. The life within the community. faith and credit of said City are hereby irrevocably pledged for REFERRED TO THE COMMITTEE ON FINANCE, THE the punctual payment of the principal of and interest on said CORPORATION COUNSEL, THE COMMISSIONER OF bonds and said notes. Provision shall be made annually by COMMUNITY DEVELOPMENT AND THE COMPTROLLER appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of NO.226 said bonds and said notes. BY:MR.FRANCZYK Section 6. The validity of the bonds authorized by this TRANSFEROFFUNDSCOMMUNITYDEVELOPMENT-resolution or any bond anticipation notes issued in anticipation BONDFUNDSPUBLICWORKS-BONDFUNDS of the sale of said bonds may be contested only if: That pursuant to section 42 of the Charter and the Certificate (a) Such obligations are authorized for an object or of the Mayor and the Comptroller submitted to the Common purpose for which the City of Buffalo is not authorized to Council, the sum of $49,242.32 be and the same is hereby expend money, or transferred from the Department of Community Development - (b) The provisions of law which should be complied Capital Projects Fund and said sum is hereby reappropriated with at the date of the publication of this resolution are not as set forth below: substantially complied with, From: 202 Capital Projects Fund 717 - Department of and an action, suit or proceeding contesting such validity, is Community Development 003- Town Garden Plaza commenced within twenty days after the date of such $49,242.32 publication, To: or 202 Capital Projects Fund, 401 - Division of Engineering, 504 - Such obligations are authorized in violation of the provisions of Improvements to Town Garden Plaza (Jefferson Ave.) the constitution. $49,242.32 Introduced September 8, 1998 PASSED LAID ON THE TABLE AYES - 13 NOES - 0 NO.228 BY:MR.FRANCYCK: NO.227 BONDRESOLUTION BY:MR.FRANCYCK: $8,650,000BONDS BONDRESOLUTION$10,000,000BONDSMICHIGANAVE.HERTELAVENUERECONSTRUCTION BRIDGERECONSTR.ACCOUNT200-401 ACCOUNT200-401 Bond Resolution of the City of Buffalo, New York, authorizing Bond Resolution of the City of Buffalo, New York, the issuance of $10,000,000 General Improvement Bonds of authorizing the issuance of $8,650,000 General Improvement said City to finance the cost of reconstruction of the Michigan Bonds of said City to finance the cost of the partial Avenue Bridge over the Amtrak lines, in the City, at the reconstruction of Hertel Avenue between Delaware and Starin estimated total cost of $10,000,000. Avenues in the City, at the estimated total cost of $8,650,000. The Common Council of the City of Buffalo, in the County of The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common less than two-thirds of all the members of said Common Council) as follows: Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal issue General Improvement Bonds of said City in the principal amount of Ten Million Dollars ($10,000,000), pursuant to the amount of Eight Million Six Hundred Fifty Thousand Dollars provisions of the Charter of said City and the Local Finance ($8,650,000), pursuant to the provisions of the Charter of said Law, constituting Chapter 33-a of the Consolidated Laws of the City and the Local Finance Law, constituting Chapter 33-a of State of New York (the "Law"), to finance the cost of the Consolidated Laws of the State of New York (the "Law"), to reconstruction of the Michigan Avenue Bridge over the Amtrak finance the cost of the partial reconstruction of Hertel Avenue rail lines, in the City. The estimated total cost of said specific between Delaware and Starin Avenues in the City. The object or purpose for which the bonds authorized by this estimated total cost of said specific object or purpose for which resolution are to be issued, including preliminary costs and the bonds authorized by this resolution are to be issued, costs incidental thereto and the financing thereof, is including preliminary costs and costs incidental thereto and the $10,000,000 as set forth in the duly adopted Capital financing thereof, is $8,650,000 as set forth in the! duly Improvements Budget of said City for fiscal year 1998-99, as adopted Capital Improvements Budget of said City for fiscal amended. year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public year 1998-99, as amended. Works, Division of Engineering, "Hertel Avenue Section 2. The proceeds of the sale of the bonds authorized Reconstruction, 1998-99", Bond Authorization Account No. by this resolution, or any bond anticipation notes issued in 200-401, and shall be used for the specific object or purpose anticipation of the sale of said bonds shall be deposited in the specified in Section I of this resolution. Capital Projects Fund to the credit of the Department of Public Section 3. The City intends to finance, on an interim basis, Works, Division of Engineering, "Infrastructure Improvements, the costs or a portion of the costs of said improvements for 1998-99", Bond Authorization Account No. 200401, and shall which bonds are herein authorized, which costs are reasonably be used for the class of objects or purposes specified in expected to be incurred by the City, pursuant to this Bond Section I of this resolution. Resolution, in the maximum amount of $8,650,000. This Section 3. The City intends to finance, on an interim basis, Resolution is a declaration of Official Intent adopted pursuant the costs or a portion of the costs of said improvements for to the requirements of Treasury Regulation Section 1. 150-2. which bonds are herein authorized, which costs are reasonably Section 4. The following additional matters are hereby expected to be incurred by the City, pursuant to this Bond determined and stated: Resolution, in the maximum amount of $4,310,000. This (a) The period of probable usefulness applicable to the Resolution is a declaration of Official Intent adopted pursuant specific object or purpose for which the bonds authorized by to the requirements of Treasury Regulation Section 1. 150-2. this resolution are to be issued within the limitations of Section Section 4. The following additional matters are hereby 11.00 a. 20.of the Law, is fifteen (15) years. determined and stated: (b) Current funds are not required by the Law to be (a) The period of probable usefulness applicable to the provided as a down payment prior to the issuance of the bonds class of objects or purposes for which the bonds authorized by authorized by this resolution or any bond anticipation notes this resolution are to be issued within the limitations of Section issued in anticipation thereof in accordance with Section 1 1.00 107.00 d. 9. of the Law. a. 20. of the Law, is fifteen (15) years. Section 5. Each of the bonds authorized by this resolution (b) Current funds are not required by the Law to be and any bond anticipation notes issued in anticipation of the provided as a down payment prior to the issuance of the bonds sale of said bonds and the renewals of said notes shall contain authorized by this resolution or any bond anticipation notes the recital of validity prescribed by Section 52.00 of the Local issued in anticipation thereof in accordance with Section Finance Law. Said bonds and said notes shall be general 107.00 d. 9. of the Law. obligations of the City of Buffalo payable as to both principal Section 5. Each of the bonds authorized by this resolution and interest by a general tax upon all the taxable real property and any bond anticipation notes issued in anticipation of the within said City without limitation as to rate or amount. The sale of said bonds and the renewals of said notes shall contain faith and credit of said City are hereby irrevocably pledged for the recital of validity prescribed by Section 52.00 of the Local the punctual payment of the principal of and interest on said Finance Law. Said bonds and said notes shall be general bonds and said notes. Provision shall be made annually by obligations of the City of Buffalo payable as to both principal appropriation by said City for the payment of interest on and for and interest by a general tax upon all the taxable real property the amounts required for the amortization and redemption of within said City without limitation as to rate or amount. The said bonds and said notes. faith and credit of said City are hereby irrevocably pledged for Section 6. The validity of the bonds authorized by this the punctual payment of the principal of and interest on said resolution or any bond anticipation notes issued in anticipation bonds and said notes. Provision shall be made annually by of the sale of said bonds may be contested only if: appropriation by said City for the (a) Such obligations are authorized for an. object or payment of interest on and for the amounts required for the purpose for which the City of Buffalo is not authorized to amortization and redemption of said bonds and said notes. expend money, or Section 6. The validity of the bonds authorized by this (b) The provisions of law which should be complied with resolution or any bond anticipation notes issued in anticipation at the date of the publication of this resolution are not of the sale of said bonds may be contested only if: substantially complied with, (a) Such obligations are authorized for an object or and an action, suit or proceeding contesting such validity, is purpose for which the City of Buffalo is not authorized to commenced within twenty days after the date of such expend money, or publication, (b) The provisions of law which should be complied with or at the date of the publication of this resolution are not (c) Such obligations are authorized in violation of the substantially complied with, provisions of the constitution. and an action, suit or proceeding contesting such validity, is Introduced September 8, 1998 commenced within twenty days after the date of such LAID ON THE TABLE publication, or NO.229 (c) Such obligations are authorized in violation of the BY:MR.FRANCYCK: provisions of the constitution. BONDRESOLUTION$4,310,000Introduced September 8, 1998 BONDSINFRASTRUCTUREIMPROVEMENTSACCOUNTLAID ON THE TABLE 200-401 Bond Resolution of the City of Buffalo, New York, authorizing NO.230 the issuance of $4,310,000 General Improvement Bonds of BY:MR.FRANCYCK: said City to finance the cost of infrastructure improvements to BONDRESOLUTION various streets, curbs, and sidewalks in the City, at the $3,000,000BONDS estimated total cost of $4,310,000. SQUAWISLANDLANDFILLREMEDIATION-PHASEI-C The Common Council of the City of Buffalo, in the County of ACCOUNT200-401 Erie, New York, hereby resolves (by the favorable vote of not Bond Resolution of the City of Buffalo, New York, authorizing less than two-thirds of all the members of said Common the issuance of $3,000,000 General Improvement Bonds of Council) as follows: said City to finance additional costs of remediation of the Section 1. The Comptroller of the City of Buffalo, in the Squaw Island refuse disposal area in the City, at the estimated County of Erie, New York, is hereby authorized and directed to total cost of $3,000,000. issue General Improvement Bonds of said City in the principal The Common Council of the City of Buffalo, in the County of amount of Four Million Three Hundred Ten Dollars Erie, New York, hereby resolves (by the favorable vote of not ($4,310,000), pursuant to the provisions of the Charter of said less than two-thirds of all the members of said Common City and the Local Finance Law, constituting Chapter 33-a of Council) as follows: the Consolidated Laws of the State of New York (the "Law"), to Section 1. The Comptroller of the City of Buffalo, in the finance the cost of infrastructure improvements to various County of Erie, New York, is hereby authorized and directed to streets, curbs, and sidewalks in the City, including New issue General Improvement Bonds of said City in the principal Amsterdam curbs and sidewalks, Masten public facilities, amount of Three Million Dollars ($3,000,000), pursuant to the University streets, curbs and sidewalks, South sidewalks and provisions of the Charter of said City and the Local Finance curbs, Mulroy playground driveway, Ellicott streets, curbs and Law, constituting Chapter 33-a of the Consolidated Laws of the sidewalks, North curbs & sidewalks; and Niagara sidewalks. State of New York (the "Law"), to finance the 1998/99 costs of The estimated total cost of said class of objects or purposes remediation of the Squaw Island refuse disposal area, in the for which the bonds authorized by this resolution are to be City, pursuant to a consent order by the State Department of issued, including preliminary costs and costs incidental thereto Environmental Conservation. The estimated total cost of said and the financing thereof, is $4,310,000 as set forth in the duly specific object or purpose for which the bonds authorized by adopted Capital Improvements Budget of said City for fiscal this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is including preliminary costs and costs incidental thereto and the $3,000,000 as set forth in the duly adopted Capital financing thereof, is $2,500,000, as set forth in the duly Improvements Budget of said City for fiscal year 1998-99, as adopted Capital Improvements Budget of said City for fiscal amended. year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds Section 2. The proceeds of the sale of the bonds authorized authorized by this resolution, or any bond anticipation notes by this resolution, or any bond anticipation notes issued in issued in anticipation of the sale of said bonds shall be anticipation of the sale of said bonds shall be deposited in the deposited in the Capital Projects Fund to the credit of the Capital Projects Fund to the credit of the Department of Public Department of Public Works, Division of Engineers, "Squaw Works, Division of Engineering, "Genesee Street Island Remediation, Phase I-C, 1998-99", Bond Authorization Reconstruction, 1998-99", Bond Authorization Account No. Account No. 200-401, and shall be used for the specific object 200-401, and shall be used for the specific object or purpose or purpose specified in Section I of this resolution. specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $3,000,000. This Resolution, in the maximum amount of $2,500,000. This Resolution is a declaration of Official Intent adopted pursuant Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby Section 4. The following additional matters are hereby determined and stated: determined and stated: (a) The period of probable usefulness applicable to the (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section this resolution are to be issued within the limitations of Section 11. 00 a. 6-b. of the Law, is twenty (20) years. 11.00 a. 20 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of the amounts required for the amortization and redemption of said bonds and said notes. said bonds and said notes. Section 6. The validity of the bonds authorized by this Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to purpose for which the City of Buffalo is not authorized to expend money, or expend money, or (b) The provisions of law which should be complied with (b) The provisions of law which should be complied with at the date of the publication of this resolution are not at the date of the publication of this resolution are not substantially complied with, substantially complied with, and an action, suit or proceeding contesting such validity, is and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such commenced within twenty days after the date of such publication, publication, or or (c) Such obligations are authorized in violation of the (c) Such obligations are authorized in violation of the provisions of the constitution. provisions of the constitution. Introduced: September 8, 1998 Introduced: September 8, 1998 LAID ON THE TABLE LAID ON THE TABLE NO.231 NO.232 BY:MR.FRANCYCK: BY:MR.FRANCZYK: BONDRESOLUTION$2,500,000BONDSGENESEEBONDRESOLUTION STREETRECONSTRUCTION $1,750,000BONDS ACCOUNT200-401 AMENDED-RECONSTRUCTION Bond Resolution of the City of Buffalo, New York, authorizing APOLLOTHEATER the issuance of $2,500,000 General Improvement Bonds of ACCOUNTNO.200-402 said City, to finance the cost of partial reconstruction of Bond Resolution of the City of Buffalo, New York, Genesee Street from Bailey Avenue to the City line at the authorizing the issuance of $1,750,000 General Improvement estimated maximum cost of $2,500,000. Bonds of said City to finance the additional cost of the The Common Council of the City of Buffalo, in the County of construction and partial reconstruction of the existing Apollo Erie, New York, hereby resolves (by the favorable vote of not Theater located at 1326-1362 Jefferson Avenue at the less than two-thirds of all the members of said Common estimated maximum cost of $1,750,000. Council) as follows: The Common Council of the City of Buffalo, in the County of Section 1. The Comptroller of the City of Buffalo, in the Erie, New York, hereby resolves (by the favorable vote of not County of Erie, New York (herein called "City"), is hereby less than two-thirds of all the members of said Common authorized and directed to issue General Improvement Bonds Council) as follows: of said City in the principal amount of Two Million Five Hundred Section 1. The Comptroller of the City of Buffalo, in the Thousand Dollars ($2,500,000), pursuant to the provisions of County of Erie, New York (herein called "City"), is hereby the Charter of said City and the Local Finance Law, constituting authorized and directed to issue General Improvement Bonds Chapter 33-a of the Consolidated Laws of the State of New of said City in the principal amount of One Million Seven York (the "Law") to finance the cost of partial reconstruction of Hundred Fifty Thousand Dollars ($1,750,000), pursuant to the Genesee Street from Bailey Avenue to the City line. The provisions of the Charter of said City and the Local Finance estimated maximum cost of said specific object or purpose for Law, constituting Chapter 33-a of the Consolidated Laws of the which the bonds authorized by this resolution are to be issued, State of New York (the "Law"), to finance the additional cost of the construction and partial reconstruction of the existing Apollo finance the City's local share of the cost of reconstruction of Theater located at 1326-1362 Jefferson Avenue. The various streets in the City. The estimated total cost of said estimated maximum cost of said specific object or purpose for class of objects or purposes for which the bonds authorized by which the bonds authorized by this resolution are to be issued, this resolution are to be issued, including preliminary costs and including preliminary costs and costs incidental thereto and the costs incidental thereto and the financing thereof, is financing thereof, is $1,750,000 as set forth in the duly adopted $1,416,000 as set forth in the duly adopted Capital Capital Improvements Budget of said City for fiscal year 1998-Improvements Budget of said City for fiscal year 1998-99, as 99, as amended. amended. Section 2. The proceeds of the sale of the bonds authorized Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Division of Capital Projects Fund to the credit of the Department of Public Development, "Amended - Reconstruction of Apollo Theater, Works, Division of Engineering, "Local Match Reserve, 1998- 199899" Account No. 200-717, and shall be used for the 99", Bond Authorization Account No. 200-401, and shall be purpose specified in Section 1 of this resolution. used for the class of objects or purposes specified in Section 1 Section 3. The City intends to finance, on an interim basis, of this resolution. the costs or a portion of the costs of said improvements for Section 3. The City intends to finance, on an interim basis, which bonds are herein authorized, which costs are reasonably the costs or a portion of the costs of said improvements for expected to be incurred by the City, pursuant to this Bond which bonds are herein authorized, which costs are reasonably Resolution, in the maximum amount of $t,750,000. This expected to be incurred by the City, pursuant to this Bond resolution is a declaration of Official Intent adopted pursuant to Resolution, in the maximum amount of $1,416,000. This the requirements of Treasury Regulation Section 1.150-2. Resolution is a declaration of Official Intent adopted pursuant Section 4. The following additional matters are hereby to the requirements of Treasury Regulation Section 1. 150-2. determined and stated: Section 4. The following additional matters are hereby (a) The existing building to be partially reconstructed is determined and stated: a Class "B" construction as defined by Section 11.00 a. 11(b) (a) The period of probable usefulness applicable to the of the Law and the period of probable usefulness applicable to class of objects or purposes for which the bonds authorized by the specific object or purpose for which the bonds authorized this resolution are to be issued within the limitations of Section by this resolution are to be issued, within the limitations of 11.00 a. 20. of the Law, is fifteen (15) years. Section 11. 00 a. 12. (a)(2) of the Local Finance Law, is fifteen (b) Current funds are not required by the Law to be (15) years. provided as a down payment prior to the issuance of the bonds (b) Current funds are not required by the Law to be authorized by this resolution or any bond anticipation notes provided as a down payment prior to the issuance of the bonds issued in anticipation thereof in accordance with Section authorized by this resolution or any bond anticipation notes 107.00 d. 9. of the Law. issued in anticipation thereof in accordance with Section Section 5. Each of the bonds authorized by this resolution 107.00 d. 9 of the Law. and any bond anticipation notes issued in anticipation of the Section 5. Each of the bonds authorized by this resolution sale of said bonds and the renewals of said notes shall contain and any bond anticipation notes issued in anticipation of the the recital of validity prescribed by Section 52.00 of the Local sale of said bonds and the renewals of said notes shall contain Finance Law. Said bonds and said notes shall be general the recital of validity as prescribed by Section 52.00 of the obligations of the City of Buffalo payable as to both principal Local Finance Law. Said bonds and said notes shall be and interest by a general tax upon all the taxable real property general obligations of the City of Buffalo payable as to both within said City without limitation as to rate or amount. The principal and interest by general tax upon all the taxable real faith and credit of said City are hereby irrevocably pledged for property within said City without limitation as to rate or amount. the punctual payment of the principal of and interest on said The faith and credit of said City are hereby irrevocably pledged bonds and said notes. Provision shall be made annually by to the punctual payment of the principal of and interest on said appropriation by said City for the payment of interest on and for bonds and said notes. Provision shall be made annually by the amounts required for the amortization and redemption of appropriation by said City for the payment of interest on and for said bonds and said notes. the amounts required for the amortization and redemption of Section 6. The validity of the bonds authorized by this said bonds and said notes. resolution or any bond anticipation notes issued in anticipation Section 6. The validity of the bonds authorized by this of the sale of said bonds may be contested only if: resolution or any bond anticipation notes issued in anticipation (a) Such obligations are authorized for an object or of the sale of said bonds, may be contested only if: purpose for which the City of Buffalo is not authorized to (a) such obligations are authorized for an object or expend money, or purpose for which the City of Buffalo is not authorized to (b) The provisions of law which should be complied with expend money, or at the date of the publication of this resolution are not (b) the provisions of law which should be complied with substantially complied with, at the date of the publication of such resolution are not and an action, suit or proceeding contesting such validity, is substantially complied with, commenced within twenty days after the date of such and an action, suit or proceeding contesting such validity, is publication, commenced within twenty days after the date of such or publication, or (c) Such obligations are authorized in violation of the (c) such obligations are authorized in violation of the provisions of the constitution. provisions of the constitution. Introduced: September 8, 1998 Introduced: September 8, 1998 LAID ON THE TABLE LAID ON THE TABLE NO.234 NO.233 BY:MR.FRANCYCK: BY:MR.FRANCYCK: BONDRESOLUTION$850,000BONDSLOCALMATCH BONDRESOLUTION$1,416,000BONDSLOCALMATCHRESERVE(BRIDGES)ACCOUNT200-401 RESERVE(ROADS)ACCOUNT200-401 Bond Resolution of the City of Buffalo, New York, Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $850,000 General Improvement authorizing the issuance of $1,416,000 General Improvement Bonds of said City to finance the City's local share of the cost Bonds of said City to finance the City's local share of the cost of reconstruction of various bridges in the City, at the estimated of reconstruction of various streets in the City, at the estimated total cost of $850,000. total cost of $1,416,000. The Common Council of the City of Buffalo, in the County of The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common less than two-thirds of all the members of said Common Council) as follows: Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal issue General Improvement Bonds of said City in the principal amount of Eight Hundred Fifty Thousand Dollars ($850,000), amount of One Million Four Hundred Sixteen Thousand Dollars pursuant to the provisions of the Charter of said City and the ($1,416,000), pursuant to the provisions of the Charter of said Local Finance Law, constituting Chapter 33-a of the City and the Local Finance Law, constituting Chapter 33-a of Consolidated Laws of the State of New York (the "Law"), to the Consolidated Laws of the State of New York (the "Law"), to finance the City's local share of the cost of reconstruction of various bridges in the City. The estimated total cost of said maximum cost of said class of objects or purposes for which class of objects or purposes for which the bonds authorized by the bonds authorized by this resolution are to be issued, this resolution are to be issued, including preliminary costs and including preliminary costs and costs incidental thereto and the costs incidental thereto and the financing thereof, is $850,000 financing thereof, is $725,000, as set forth in the duly adopted as set forth in the duly adopted Capital Improvements Budget Capital Improvements Budget of said City for fiscal year 1998- of said City for fiscal year 1998-99, as amended. 99, as amended. Section 2. The proceeds of the sale of the bonds authorized Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Local Match Reserve, 1998-Works, Division of Engineering, "Erie Basin Marina 99", Bond Authorization Account No. 200-401, and shall be Rehabilitation-Phase V, 1998-99", Bond Authorization Account used for the class of objects or purposes specified in Section 1 No. 200-401, and shall be used for the purpose specified in of this resolution. Section I of this resolution. Section 3. The City intends to finance, on an interim basis, Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $850,000. This Resolution, in the maximum amount of $725,000. This Resolution is a declaration of Official Intent adopted pursuant resolution is a declaration of Official Intent adopted pursuant to to the requirements of Treasury Regulation Section 1.150-2. the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby Section 4. The following additional matters are hereby determined and stated: determined and stated: (a) The period of probable usefulness applicable to the (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section this resolution are to be issued, within the limitations of Section 11.00 a. 10. of the Law, is twenty (20) years. 11.00 a. 19 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local the recital of validity as prescribed by Section 52.00 of the Finance Law. Said bonds and said notes shall be general Local Finance Law. Said bonds and said notes shall be obligations of the City of Buffalo payable as to both principal general obligations of the City of Buffalo payable as to both and interest by a general tax upon all the taxable real property principal and interest by a general tax upon all the taxable real within said City without limitation as to rate or amount. The property within said City without limitation as to rate or amount. faith and credit of said City are hereby irrevocably pledged for The faith and credit of said City are hereby irrevocably pledged the punctual payment of the principal of and interest on said to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of the amounts required for the amortization and redemption of said bonds and said notes. said bonds and said notes. Section 6. The validity of the bonds authorized by this Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: of the sale of said bonds, may be contested only if: (a) Such obligations are authorized for an object or (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to purpose for which the City of Buffalo is not authorized to expend money, or expend money, or (b) The provisions of law which should be complied with (b) the provisions of law which should be complied with at the date of the publication of this resolution are not at the date of the publication of such resolution are not substantially complied with, substantially complied with, and an action, suit or proceeding contesting such validity, is and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such commenced within twenty days after the date of such publication, publication, or or (C) such obligations are authorized in violation of the (c) Such obligations are authorized in violation of the provisions of the constitution. provisions of the constitution. Introduced: September 8, 1998 Introduced: September 8, 1998 LAID ON THE TABLE LAID ON THE TABLE NO.236 NO.235 BY:MR.FRANCYCK: BY:MR.FRANCZYK: BONDRESOLUTION BONDRESOLUTION$725,000BONDSERIEBASINMARINA$500,000BONDS REHABILITATION-PHASEVACCOUNT200-401 ELMWOODAVEPROJECT Bond Resolution of the City of Buffalo, New York, ACCOUNT200-401 authorizing the issuance of $725,000 General Improvement Bond Resolution of the City of Buffalo, New York, Bonds of said City to finance the cost of rehabilitation of the authorizing the issuance of $500,000 General Improvement Erie Basin Marina located in the City, at the estimated Bonds of said City, to finance the cost of partial reconstruction maximum cost of $725,000. of portions of Elmwood Avenue in the City, at the estimated The Common Council of the City of Buffalo, in the County of maximum cost of $500,000. Erie, New York, hereby resolves (by the favorable vote of not The Common Council of the City of Buffalo, in the County of less than two-thirds of all the members of said Common Erie, New York, hereby resolves (by the favorable vote of not Council) as follows: less than two-thirds of all the members of said Common Section 1. The Comptroller of the City of Buffalo, in the Council) as follows: County of Erie, New York (herein called "City"), is hereby Section 1. The Comptroller of the City of Buffalo, in the authorized and directed to issue General Improvement Bonds County of Erie, New York (herein called "City"), is hereby of said City in the principal amount of Seven Hundred Twenty-authorized and directed to issue General Improvement Bonds Five Thousand Dollars ($725,000), pursuant to the provisions of said City in the principal amount of Five Hundred Thousand of the Charter of said City and the Local Finance Law, Dollars ($500,000), pursuant to the provisions of the Charter of constituting Chapter 33-a of the Consolidated Laws of the State said City and the Local Finance Law, constituting Chapter 33-a of New York (the "Law") to finance the cost of rehabilitation of of the Consolidated Laws of the State of New York (the "Law") the Erie Basin Marina located in the City, including electrical to finance the cost of partial reconstruction of portions of service upgrading and other improvements. The estimated Elmwood Avenue in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized the bonds authorized by this resolution are to be issued, by this resolution are to be issued, including preliminary costs including preliminary costs and costs incidental thereto and the and costs incidental thereto and the financing thereof, is financing thereof, is $500,000, as set forth in the duly adopted $500,000, as set forth in the duly adopted Capital Capital Improvements Budget of said City for fiscal year 1998- Improvements Budget of said City for fiscal year 1998-99, as 99, as amended. amended. Section 2. The proceeds of the sale of the bonds authorized Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Elmwood Ave and Traffic Works, Division of Engineering, "Elmwood Ave and Traffic Calming Projects, 1998-99", Bond Authorization Account No. Calming Projects, 1998-99", Bond Authorization Account No. 200-401, and shall be used for the class of objects or purposes 200-401, and shall be used for the specific object or purpose specified in Section 1 of this resolution. specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This Resolution, in the maximum amount of $500,000. This Resolution is a declaration of Official Intent adopted pursuant Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby Section 4. The following additional matters are hereby determined and stated: determined and stated: (a) The period of probable usefulness applicable to the (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section this resolution are to be issued within the limitations of Section 11.00 a. 72 2nd (a) of the Law, is twenty (20) years. 11.00 a. 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of the amounts required for the amortization and redemption of said bonds and said notes. said bonds and said notes. Section 6. The validity of the bonds authorized by this Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to purpose for which the City of Buffalo is not authorized to expend money, or expend money, or (b) The provisions of law which should be complied with (b) The provisions of law which should be complied with at the date of the publication of this resolution are not at the date of the publication of this resolution are not substantially complied with, substantially complied with, and an action, suit or proceeding contesting such validity, is and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such commenced within twenty days after the date of such publication, publication, or or (c) Such obligations are authorized in violation of the (c) Such obligations are authorized in violation of the provisions of the constitution. provisions of the constitution. Introduced: September 8, 1998 Introduced: September 8, 1998 LAID ON THE TABLE LAID ON THE TABLE NO.238 NO.237 BY:MR.FRANCZYK: BY:MR.FRANCYCK: BONDRESOLUTION BONDRESOLUTION$500,000BONDSTRAFFICCALMING$450,000BONDS PROJECTSACCOUNT200-401 DELAVANARMORYDEMOLITION Bond Resolution of the City of Buffalo, New York, authorizing ACCOUNT200-401 the issuance of $500,000 General Improvement Bonds of said Bond Resolution of the City of Buffalo, New York, City, to finance the cost of traffic calming improvements along authorizing the issuance of $450,000 General Improvement various commercial thoroughfares in the City, at the estimated Bonds of said City, to finance the cost of demolition of the maximum cost of Delavan Avenue Armory, at the estimated maximum cost of $500,000. $450,000. The Common Council of the City of Buffalo, in the County of The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common less than two-thirds of all the members of said Common Council) as follows: Council) as follows: Section 1. The Comptroller of the City of Buffalo, in Section 1. The Comptroller of the City of Buffalo, in the the County of Erie, New York (herein called "City"), is hereby County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand of said City in the principal amount of Four Hundred Fifty Dollars ($500,000), pursuant to the provisions of the Charter of Thousand Dollars ($450,000), pursuant to the provisions of the said City and the Local Finance Law, constituting Chapter 33-a Charter of said City and the Local Finance Law, constituting of the Consolidated Laws of the State of New York (the "Law") Chapter 33-a of the Consolidated Laws of the State of New to finance the cost of traffic calming improvements along York (the "Law"), to finance the cost of demolition of the various commercial thoroughfares in the City. The estimated Delavan Avenue Armory. The estimated maximum cost of said maximum cost of said class of objects or purposes for which specific object or purpose for which the bonds authorized by reconstruction of the Allendale Theatre located at 203-209 this resolution are to be issued, including preliminary costs and Allen Street, in the City, including completion of facade costs incidental thereto and the financing thereof, is $450,000 restoration. The estimated maximum cost of said specific as set forth in the duly adopted Capital Improvements Budget object or purpose for which the bonds authorized by this of said City for fiscal year 1998-99, as amended. resolution are to be issued, including preliminary costs and Section 2. The proceeds of the sale of the bonds authorized costs incidental thereto and the financing thereof, is $300,000 by this resolution, or any bond anticipation notes issued in as set forth in the duly adopted Capital Improvements Budget anticipation of the sale of said bonds, shall be deposited in the of said City for fiscal year 1998-99, as amended. Capital Projects Fund to the credit of the Department of Public Section 2. The proceeds of the sale of the Works, Division of Engineering, "Delavan Armory Demolition, bonds authorized by this resolution, or any bond anticipation 1998-99", Bond Authorization Account No. 200401, and shall notes issued in anticipation of the sale of said bonds, shall be be used for the purpose specified in Section 1 of this deposited in the Capital Projects Fund to the credit of the resolution. Department of Community Development, Division of Section 3. The City intends to finance, on an interim basis, Development, "Allendale Theatre Restoration, 1998-99," the costs or a portion of the costs of said improvements for Account No. 200-717, and shall be used for the purpose which bonds are herein authorized, which costs are reasonably specified in Section I of this resolution. expected to be incurred by the City, pursuant to this Bond Section 3. The City intends to finance, on an Resolution, in the maximum amount of $450,000. This interim basis, the costs or a portion of the costs of said resolution is a declaration of Official Intent adopted pursuant to improvements for which bonds are herein authorized, which the requirements of Treasury Regulation Section 1.150-2. costs are reasonably expected to be incurred by the City, Section 4. The following additional matters are hereby pursuant to this Bond Resolution, in the maximum amount of determined and stated: $300,000. This resolution is a declaration of Official Intent (a) The period of probable usefulness applicable to the adopted pursuant to the requirements of Treasury Regulation specific object or purpose for which the bonds authorized by Section 1. 150-2. this resolution are to be issued, within the limitations of Section Section 4. The following additional matters 11.00 (a) 12-a. of the Local Finance Law is ten (10) years. are hereby determined and stated: (a) Current funds are not required by the Law to be (a) Said building is of at least provided as a down payment prior to the issuance of the bonds Class " B " construction, as defined by Section 11. 00 a.11 (b) authorized by this resolution or any bond anticipation notes of the Law and the period of probable usefulness applicable to issued in anticipation thereof in accordance with Section the specific object or purpose which the bonds authorized by 107.00 d. 9. of the Law. this resolution are to be issued, within the limitations of Section Section 5. Each of the bonds authorized by this resolution 11. 00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) and any bond anticipation notes issued in anticipation of the years. sale of said bonds and the renewals of said notes shall contain (b) Current funds are not required the recital of validity as prescribed by Section 52.00 of the by the Law to be provided as a down payment prior to the Local Finance Law. Said bonds and said notes shall be issuance of the bonds authorized by this resolution or any bond general obligations of the City of Buffalo payable as to both anticipation notes issued in anticipation thereof in accordance principal and interest by general tax upon all the taxable real with Section 107.00 d. 9 of the Law. property within said City without limitation as to rate or amount. Section 5. Each of the bonds authorized by The faith and credit of said City are hereby irrevocably pledged this resolution and any bond anticipation notes issued in to the punctual payment of the principal of and interest on said anticipation of the sale of said bonds and the renewals of said bonds and said notes. Provision shall be made annually by notes shall contain the recital of validity as prescribed by appropriation by said City for the payment of interest on and for Section 52.00 of the Local Finance Law. Said bonds and said the amounts required for the amortization and redemption of notes shall be general obligations of the City of Buffalo payable said bonds as to both principal and interest by general tax upon all the and said notes. taxable real property within said City without limitation as to rate Section 6. The validity of the bonds authorized by this or amount. The faith and credit of said City are hereby resolution or any bond anticipation notes issued in anticipation irrevocably pledged to the punctual payment of the principal of of the sale of said bonds, may be contested only if: and interest on said bonds and said notes. Provision shall be (a) such obligations are authorized for an object or made annually by appropriation by said City for the payment of purpose for which the City of Buffalo is not authorized to interest on and for the amounts required for the amortization expend money, or and redemption of said bonds and said notes. (b) the provisions of law which should be complied with Section 6. The validity of the bonds at the date of the publication of such resolution are not authorized by this resolution or any bond anticipation notes substantially complied with, issued in anticipation of the sale of said bonds, may be and an action, suit or proceeding contesting such validity, is contested only if: commenced within twenty days after the date of such (a) such obligations are authorized publication, or for an object or purpose for which (C) such obligations are authorized in violation of the the City of Buffalo is not provisions of the constitution. authorized to expend money, or Introduced: September 8, 1998 (b) the provisions of law which LAID ON THE TABLE should be complied with at the date of the publication of such NO.239 resolution are not substantially By: Mr. Franczyk complied with, BONDRESOLUTION and an action, suit or proceeding contesting such validity, is $300,000BONDS commenced within twenty days after the date of such ALLENDALETHEATRERESTORATION publication, or ACCOUNTNO.200-717 Bond Resolution of the City of Buffalo, (c) such obligations are authorized in New York, authorizing the issuance of $300,000 General violation of the provisions of the Improvement Bonds of said City, to finance the cost of partial constitution. reconstruction of the Allendale Theatre located at 203-209 Introduced: September 8, 1998 Allen Street, in the City, at the estimated maximum cost of LAIB ON THE TABLE $300,000. The Common Council of the City of NO.240 Buffalo, in the County of Erie, New York, hereby resolves (by By: Mr. Franczyk the favorable vote of not less than two-thirds of all the members BONDRESOLUTION of said Common Council) as follows: $275,000BONDS Section 1. The Comptroller of the City of ERIEBASINMARINAREHABILITATION-PHASEV Buffalo, in the County of Erie, New York (herein called "City"), ACCOUNT200-401 is hereby authorized and directed to issue General Bond Resolution of the City of Buffalo, New Improvement Bonds of said City in the principal amount of York, authorizing the issuance of $275,000 General Three Hundred Thousand Dollars ($300,000), pursuant to the Improvement Bonds of said City to finance the cost of provisions of the Charter of said City and the Local Finance replacement of fuel tanks at the Erie Basin Marina located in Law, constituting Chapter 33-a of the Consolidated Laws of the the City, at the estimated maximum cost of $275,000. State of New York (the "Law"), to finance the cost of partial The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the ACCOUNT200-401 favorable vote of not less than two-thirds of all the members of Bond Resolution of the City of Buffalo, New York, said Common Council) as follows: authorizing the issuance of $250,000 General Improvement Section 1. The Comptroller of the City of Bonds of said City to finance the cost of the partial Buffalo, in the County of Erie, New York (herein called "City"), reconstruction of Niagara Street between Ontario and Vulcan is hereby authorized and directed to issue General Streets in the City, at the estimated total cost of $250,000. Improvement Bonds of said City in the principal amount of Two The Common Council of the City of Hundred Seventy-Five Thousand Dollars ($275,000), pursuant Buffalo, in the County of Erie, New York, hereby resolves (by to the provisions of the Charter of said City and the Local the favorable vote of not less than two-thirds of all the members Finance Law, constituting Chapter 33-a of the Consolidated of said Common Council) as follows: Laws of the State of New York (the "Law") to finance the cost Section 1. The Comptroller of the City of of replacement of fuel tanks at the Erie Basin Marina located in Buffalo, in the County of Erie, New York, is hereby authorized the City. The estimated maximum cost of said specific object and directed to issue General Improvement Bonds of said City or purpose for which the bonds authorized by this resolution in the principal amount of Two Hundred Fifty Thousand Dollars are to be issued, including preliminary costs and costs ($250,000), pursuant to the provisions of the Charter of said incidental thereto and the financing thereof, is $275,000, as set City and the Local Finance Law, constituting Chapter 33-a of forth in the duly adopted Capital Improvements Budget of said the Consolidated Laws of the State of New York (the "Law"), to City for fiscal year 1998-99, as amended. finance the cost of the partial reconstruction of Niagara Street Section 2. The proceeds of the sale of the between Ontario and Vulcan Streets in the City, including bonds authorized by this resolution, or any bond anticipation drainage improvements. The estimated total cost of said notes issued in anticipation of the sale of said bonds, shall be specific object or purpose for which the bonds authorized by deposited in the Capital Projects Fund to the credit of the this resolution are to be issued, including preliminary costs and Department of Public Works, Division of Engineering, "Erie costs incidental thereto and the financing thereof, is $250,000 Basin Marina Rehabilitation-Phase V, 1998-99", Bond as set forth in the duly adopted Capital Improvements Budget Authorization Account No. 200-401, and shall be used for the of said City for fiscal year 1998-99, as amended. purpose specified in Section 1 of this resolution. Section 2. The proceeds of the sale of the Section 3. The City intends to finance, on an bonds authorized by this resolution, or any bond anticipation interim basis, the costs or a portion of the costs of said notes issued in anticipation of the sale of said bonds shall be improvements for which bonds are herein authorized, which deposited in the Capital Projects Fund to the credit of the costs are reasonably expected to be incurred by the City, Department of Public Works, Division of Engineering, "Niagara pursuant to this Bond Resolution, in the maximum amount of St. Reconstruction, 1998-99", Bond Authorization Account No. $275,000. This resolution is a declaration of Official Intent 200-401, and shall be used for the specific object or purpose adopted pursuant to the requirements of Treasury Regulation specified in Section 1 of this resolution. Section 1. 150-2. Section 3. The City intends to finance, on an interim Section 4. The following additional basis, the costs or a portion of the costs of said improvements matters are hereby determined and stated: for which bonds are herein authorized, which costs are (a) The period of probable reasonably expected to be incurred by the City, pursuant to this usefulness applicable to the specific object or purpose for Bond Resolution, in the maximum amount of $250,000. This which the bonds authorized by this resolution are to be issued, Resolution is a declaration of Official Intent adopted pursuant within the limitations of Section 11.00 a. 88 (a) of the Local to the requirements of Treasury Regulation Section 1. 150-2. Finance Law, is fifteen (15) years. Section 4. The following additional matters are hereby (b) Current funds are not required determined and stated:. by the Law to be provided as a down payment prior to the (a) The period of probable issuance of the bonds authorized by this resolution or any bond usefulness applicable to the specific object or purpose for anticipation notes issued in anticipation thereof in accordance which the bonds authorized by this resolution are to be issued with Section 107.00 d. 9. of the Law. within the limitations of Section 11.00 a. 20. of the Law, is Section 5. Each of the bonds authorized by fifteen (15) years. this resolution and any bond anticipation notes issued in (b) Current funds are not required anticipation of the sale of said bonds and the renewals of said by the Law to be provided as a down payment prior to the notes shall contain the recital of validity as prescribed by issuance of the bonds authorized by this resolution or any bond Section 52.00 of the Local Finance Law. Said bonds and said anticipation notes issued in anticipation thereof in accordance notes shall be general obligations of the City of Buffalo payable with Section 107.00 d. 9. of the Law. as to both principal and interest by a general tax upon all the Section 5. Each of the bonds authorized taxable real property within said City without limitation as to rate by this resolution and any bond anticipation notes issued in or amount. The faith and credit of said City are hereby anticipation of the sale of said bonds and the renewals of said irrevocably pledged to the punctual payment of the principal of notes shall contain the recital of validity prescribed by Section and interest on said bonds and said notes. Provision shall be 52.00 of the Local Finance Law. Said bonds and said notes made annually by appropriation by said City for the payment of shall be general obligations of the City of Buffalo payable as to interest on and for the amounts required for the amortization both principal and interest by a general tax upon all the taxable and redemption of said bonds and said notes. real property within said City without limitation as to rate or Section 6. The validity of the bonds amount. The faith and credit of said City are hereby irrevocably authorized by this resolution or any bond anticipation notes pledged for the punctual payment of the principal of and issued in anticipation of the sale of said bonds, may be interest on said bonds and said notes. Provision shall be made contested only if: annually by appropriation by said City for the payment of (a) such obligations are authorized interest on and for the amounts required for the amortization for an object or purpose for and redemption of said bonds and said notes. which the City of Buffalo is not The validity of the bonds authorized by this resolution or authorized to expend money, or any bond anticipation notes issued in anticipation of the sale of (b) the provisions of law which said bonds may be contested only if: should be complied with at the (a) Such obligations are authorized date of the publication of such for an object or purpose for which resolution are not substantially the City of Buffalo is not complied with, authorized to expend money, or (b) The provisions of law which should be complied with and an action, suit or proceeding contesting such validity, is at the date of the publication of this resolution are not commenced within twenty days after the date of such substantially complied with, publication, or and an action, suit or proceeding contesting such validity, is (c) such obligations are authorized in commenced within twenty days after the date of such violation of the provisions of the constitution. publication, Introduced: September 8, 1998 or LAID ON THE TABLE (c) Such obligations are authorized in violation of the provisions of the NO.241 constitution. By: Mr. Franczyk Introduced: September 8, 1998 BONDRESOLUTION LAID ON THE TABLE $250,000BONDS NIAGARAST.RECONSTRUCTION NO.242 By: Mr. Franczyk complied with, BONDRESOLUTION and an action, suit or proceeding contesting such validity, is $200,000BONDS commenced within twenty days after the date of such NIAGARAST.IMPROVEMENTS publication, ACCOUNT200-401 or Bond Resolution of the City of Buffalo, New York, (c) Such obligations are authorized authorizing the issuance of $200,000 General Improvement in violation of the provisions of Bonds of said City to finance the cost of the partial the constitution. reconstruction of streets, curbs and sidewalks in the Lower Introduced: September 8, 1998 West Side and along Niagara Street between Georgia Street LAID ON THE TABLE and Porter Avenue, at the estimated total cost of $200,000. The Common Council of the City of NO.243 Buffalo, in the County of Erie, New York, hereby resolves (by By: Mr. Franczyk the favorable vote of not less than two-thirds of all the members BONDRESOLUTION of said Common Council) as follows: $100,000BONDS Section 1. The Comptroller of the City of HANDICAPPEDRAMPSCONSTRUCTION Buffalo, in the County of Erie, New York, is hereby authorized ACCOUNT200-401 and directed to issue General Improvement Bonds of said City Bond Resolution of the City of Buffalo, New York, in the principal amount of Two Hundred Thousand Dollars authorizing the issuance of $100,000 General Improvement ($200,000), pursuant to the provisions of the Charter of said Bonds of said City, to finance the cost of partial reconstruction City and the Local Finance Law, constituting Chapter 33-a of of various curbs and sidewalks throughout the City to provide the Consolidated Laws of the State of New York (the "Law"), to for handicapped access, at the estimated maximum cost of finance the cost of the partial reconstruction of streets, curbs $100,000. and sidewalks in the Lower West Side and along Niagara The Common Council of the City of Street between Georgia Street and Porter Avenue. The Buffalo, in the County of Erie, New York, hereby resolves (by estimated total cost of said class of objects or purposes for the favorable vote of not less than two-thirds of all the members which the bonds authorized by this resolution are to be issued, of said Common Council) as follows: including preliminary costs and costs incidental thereto and the Section 1. The Comptroller of the City of financing thereof, is $200,000 as set forth in the duly adopted Buffalo, in the County of Erie, New York (herein called "City"), Capital Improvements Budget of said City for fiscal year 1998-is hereby authorized and directed to issue General 99, as amended. Improvement Bonds of said City in the principal amount of One Section 2. The proceeds of the sale of the Hundred Thousand Dollars ($100,000), pursuant to the bonds authorized by this resolution, or any bond anticipation provisions of the Charter of said City and the Local Finance notes issued in anticipation of the sale of said bonds shall be Law, constituting Chapter 33-a of the Consolidated Laws of the deposited in the Capital Projects Fund to the credit of the State of New York (the "Law") to finance the cost of partial Department of Public Works, Division of Engineering, "Lower reconstruction of various curbs and sidewalks to provide W.Side/Niagara St - Improvement, 1998-99", Bond handicapped access throughout the City. The estimated Authorization Account No. 200-401, and shall be used for the maximum cost of said class of objects or purposes for which class of objects or purposes specified in Section I of this the bonds authorized by this resolution are to be issued, resolution. including preliminary costs and costs incidental thereto and the Section 3. The City intends to finance, on financing thereof, is $100,000, as set forth in the duly adopted an interim basis, the costs or a portion of the costs of said Capital Improvements Budget of said City for fiscal year 1998- improvements for which bonds are herein authorized, which 99, as amended. costs are reasonably expected to be incurred by the City, Section 2. The proceeds of the sale of the pursuant to this Bond Resolution, in the maximum amount of bonds authorized by this resolution, or any bond anticipation $200,000. This Resolution is a declaration of Official Intent notes issued in anticipation of the sale of said bonds shall be adopted pursuant to the requirements of Treasury Regulation deposited in the Capital Projects Fund to the credit of the Section 1. 150-2. Department of Public Works, Division of Engineering, Section 4. The following additional matters are "Handicapped Intersection Ramps Construction, 1998-99", hereby determined and stated:. Bond Authorization Account No. 200-401, and shall be used for (a) The period of probable the class of objects or purposes specified in Section 1 of this usefulness applicable to the class of objects or purposes for resolution. which the bonds authorized by this resolution are to be issued Section 3. The City intends to finance, on within the limitations of Section 11.00 a. 20. of the Law, is an interim basis, the costs or a portion of the costs of said fifteen (15) years. improvements for which bonds are herein authorized, which (b) Current funds are not required costs are reasonably expected to be incurred by the City, by the Law to be provided as a down payment prior to the pursuant to this Bond Resolution, in the maximum amount of $ issuance of the bonds authorized by this resolution or any bond 1 00,000. This Resolution is a declaration of Official Intent anticipation notes issued in anticipation thereof in accordance adopted pursuant to the requirements of Treasury Regulation with Section 107.00 d. 9. of the Law. Section 1. 150-2. Section 5. Each of the bonds authorized Section 4. The following additional matters are hereby by this resolution and any bond anticipation notes issued in determined and stated: anticipation of the sale of said bonds and the renewals of said (a) The period of probable notes shall contain the recital of validity prescribed by Section usefulness applicable to the class of objects or purposes for 52.00 of the Local Finance Law. Said bonds and said notes which the bonds authorized by this resolution are to be issued shall be general obligations of the City of Buffalo payable as to within the limitations of Section 11.00 a. 24. of the Law, is ten both principal and interest by a general tax upon all the taxable (10) years. real property within said City without limitation as to rate or (b) Current funds are not required amount. The faith and credit of said City are hereby irrevocably by the Law to be provided as a down payment prior to the pledged for the punctual payment of the principal of and issuance of the bonds authorized by this resolution or any bond interest on said bonds and said notes. Provision shall be made anticipation notes issued in anticipation thereof in accordance annually by appropriation by said City for the payment of with Section 107.00 d. 9. of the Law. interest on and for the amounts required for the amortization Section 5. Each of the bonds authorized and redemption of said bonds and said notes. by this resolution and any bond anticipation notes issued in Section 6. The validity of the bonds anticipation of the sale of said bonds and the renewals of said authorized by this resolution or any bond anticipation notes notes shall contain the recital of validity prescribed by Section issued in anticipation of the sale of said bonds may be 52.00 of the Local Finance Law. Said bonds and said notes contested only if: shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable (a) Such obligations are authorized real property within said City without limitation as to rate or for an object or purpose for amount. The faith and credit of said City are hereby irrevocably which the City of Buffalo is not pledged for the punctual payment of the principal of and authorized to expend money, or interest on said bonds and said notes. Provision shall be made (b) The provisions of law which annually by appropriation by said City for the payment of should be complied with at the interest on and for the amounts required for the amortization date of the publication of this and redemption of said bonds and said notes. resolution are not substantially Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes Subject to the approval of the Mayor, that in accordance with issued in anticipation of the sale of said bonds may be Section 577 of the Law, the Project shall be fully exempt from contested only if: local and municipal taxes, including school taxes, but not (a) Such obligations are authorized including assessments for local improvements and special for an object or purpose for assessments; and that the Mayor, on behalf of the City of which the City of Buffalo is not Buffalo be and hereby is authorized to execute a payment-in- authorized to expend money, or lieu of tax agreement with the Company which will require (b) The provisions of law which annual payment-in-lieu of tax to the City of Buffalo in the should be complied with at the amount of $1,600 for the first year, with a three percent date of the publication of this increase annually; and, resolution are not substantially Be It Further Resolved: complied with, That the tax exemption granted hereby shall operate and and an action, suit or proceeding contesting such validity, is continue for so long as the municipally aided, state aided commenced within twenty days after the date of such and/or federally aided mortgage on the Project is outstanding, publication, but in no event shall this exemption extend for a period of more or than 40 years; and, (c) Such obligations are authorized Be It Further Resolved: in violation of the provisions of That the payment-in-lieu of tax agreement shall contain such the constitution. terms and conditions as shall be determined by the Corporation Introduced: September 8, 1998 Counsel to be in the best interest of the City of Buffalo. LAID ON THE TABLE PASSED. AYES-13. NOES-0. NO.244 By: Mr. Franczyk NO.247 WAIVETICKETSURCHARGEFOR"HALLOWEENWITH THEPROS" By: Mr. Franczyk Whereas: The National Football League Players Association DISCHARGECOMMITTEEONLEGISLATION-ORD. Buffalo Chapter Retired Players is sponsoring a fundraiser to AMENDMENT-CHAPTER#175-FEESRES.#252,C.C.P. benefit Hunter's Hope and Boys & Girls Clubs of WNY on JULY21,1998 October 31, 1998- and, Whereas: The above item is currently tabled in the Committee Whereas: This event, called "Halloween with the Pros" will be on Legislation; held at North Americare Park; and, Now, Therefore, Be It Resolved: Whereas: The sponsoring organization is requesting that the That this Common Council does hereby discharge the surcharge on tickets be waived for this event in the interests of Committee on Legislation from consideration of item #252 - maximizing its benefit to the beneficiaries of this endeavor; C.C.P. July 21, 1998, "Ord. Amendment Chapter #175-Fees" now, and said item is now before the Common Council. Therefore, be it resolved, that, Seconded by: Mr. Quintana. This Common Council waive the ticket surcharge for the above Mr. Franczyk now moves that item #252, C.C.P. July 21, 1998, named event. "Ord. Amendment-Chapter # 175 -Fees" be received and filed. REFERRED TO THE COMMITTEE ON FINANCE AND THE Seconded by: Mr. Quintana. CORPORATION COUNSEL. ADOPTED. NO.245 NO.248 By: Mr. Franczyk By: Mr. Franczyk DECREASEDAPPROPRIATION DISCHARGECOMMITTEEONLEGISLATIONORDINANCEDEPARTMENTOFFIRE AMENDMENTCHAPTERNO.264LICENSINGRENTALRESERVEFORCAPITALAPPROPRIATIONS HOUSINGBUSINESSITEM251,C.C.P.JULY21,1998 That, Pursuant to Section 41 of the Charter and the Certificate Whereas: The above item is currently in the Committee on of the Mayor and the Comptroller submitted to the Common Legislation; and, Council, the appropriation in the budget for the current fiscal Now, Therefore, Be It Resolved: year for Appropriation Allotments - Department of Fire - Exempt That this Common Council does hereby discharge Items be and the same hereby is decreased in the sum of the Committee on Legislation from further consideration of item $50,000. #251 - C.C.P. July 21, "Ordinance Amendment, Chapter 264: That, the comptroller be and hereby is authorized and directed Licensing Rental Housing Business," and said item is now to transfer the sum of $50,000 from 100-21-0-085-982 - before the Common Council. Operating Equipment & Furnishings to meet this decreased Seconded by: Ms. Kavanaugh appropriation as set forth below: Mr. Franczyk now moves the approval of item #2 5 1, To: C. C. P. July 21, 1998, "Ordinance Amendment, Chapter 264: 100 General Fund Licensing Rental Housing Business." 890 - 050 Reserve for Capital Appropriations $50,000 PASSED PASSED. AYES-13. NOES-0. AYES-13. NOES-0. NO.246 NO.249 By: Mr. Franczyk and Ms. LoTempio By: Mr. Franczyk PROPOSEDRESOLUTIONFORPILOT TRANSFEROFFUNDS ORDINANCEAUTHORIZINGAPAYMENTINLIEUOFTAXGENERALCITYCHARGES AGREEMENTFOR67VINCENNES VARIOUSDEPARTMENTS WHEREAS: Buffalo River Apartments, L.P. (the "Company"), That pursuant to section 42 of the Charter and the Certificate a to be formed New York Limited partnership, whose general of the Mayor and the Comptroller submitted to the Common and operating partner is a designate of Old I st Ward Council, the sum of $202,000 be and the same is hereby Community Association, Inc., a not-for-profit corporation transferred from General City Charges and said sum is hereby organized pursuant to the Not-For-Profit Corporation Law; reappropriated as set forth below: and, From: WHEREAS: The Company will construct sixteen units of low 100 General Fund income housing at 67 Vincennes (the "Project"), using funds 81 - General City Charges provided by the State of New York Housing Trust Fund 3 - Fringe Benefits Corporation ("HTFC"); and, 151-NYS Police & Fire Retirement System WHEREAS: The Project as constructed by the Company is $202,000 eligible for a real property tax exemption by the Company is To: eligible for a real property tax exemption pursuant to Section 100 General Fund 577 of the Private Housing Finance law (the "Law"); and, 06 - Department of Administration & Finance WHEREAS: In order to ensure the success of the Project and 4 - Division of Parking Enforcement to induce the City of Buffalo to grant a real property tax 031 - Towing & Storage exemption to the Project, a payment in-lieu of tax agreement 550 - Rental - Equipment, Buildings, Land between the Company and the City of Buffalo will be required. 52,000 Now Therefore Be It Resolved: 21-0 Department of Fire 032 - Servicing Automotive Equipment of the Mayor and the Comptroller submitted to the Common 523 - Repairs to Equipment & Machinery 150,000 Council, the Capital Program for the fiscal year 1998-99 be and PASSED. the same is hereby amended by adding the following item AYES-13. NOES-0. under the heading: 200 Capital Projects NO.250 402 Division of Buildings By: Mr. Franczyk Construction of the Peter Machnica Community Center TRANSFEROFFUNDS $1,000,000 DIVISIONOFBUDGETANDMANAGEMENT PASSED DIVISIONOFENGINEERING AYES-13. NOES-0. That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common NO.254 Council, the sum of $58,700 be and the same is hereby By: Mr. Franczyk transferred from the Division of Budget and Management - TRANSFEROFFUNDS Planning for Capital Improvements account and said sum is COMMONCOUNCIL-CITYCLERK hereby reappropriated as set forth below: That pursuant to section 42 of the Charter and the Certificate From: of the Mayor and the Comptroller submitted to the Common 200 Capital Project Fund Council, the sum of $10,233 be and the same is hereby 061 - Division of Budget and Management transferred within the Division of City Clerk and said sum is 001-Planning for Capital Projects $58,700 hereby reappropriated as set forth below: To: From: 200 Capital Project Fund 100 General Fund 401 - Division of Engineering 01 - Common Council 532 - Erie Basin Marina (design phase) 1 - City Clerk $58,700 001 - City Clerk PASSED. 580-Non-Professional Personal Services AYES-13. NOES-0. $10,233 To: NO.251 100 General Fund By: Mr. Franczyk 01 - Common Council TRANSFEROFFUNDS 1 - City Clerk HUMANSERVICES,PARKS&RECREATION 002 - Office of Telecommunications MAYORANDEXECUTIVE 110 - Salaries - Regular $10,233 That pursuant to section 42 of the Charter and the Certificate PASSED. of the Mayor and the Comptroller submitted to the Common AYES-13. NOES-0. Council, the sum of $20,480 be and the same is hereby transferred from Human Services, Parks & Recreation and said NO.255 sum is hereby reappropriated as set forth below By: Ms. Gray From: SALARYORDINANCEAMENDMENT 100 General Fund 20-1POLICEADMINISTRATION 50 - Department of Human Services, Parks & Recreation 021ADMINISTRATION&COMMUNICATIONS 2 - Division of Recreation The Common Council of the City of Buffalo does 011 - Recreational Facilities & Activities ordain as follows: 598 - Freeze $20,480 That part of Section I of Chapter 35 of the Code of To: the City of Buffalo, relating to 20-1 Police Administration 021 100 General Fund Administration and Communications which reads: 03 - Mayor and Executive Department 4 Assistant Police Dispatcher $ 49,366 0 - Executive 18 Public Safety Dispatcher $ 25,146 - $ 28,560 001 - Executive Function Is hereby amended to read: 580 - Non-Professional Personal Services 3 Assistant Police Dispatcher $ 49,366 $20,480 19 Public Safety Dispatcher $ 25,146 - $ 28,560 PASSED. WE, ROCCO J. DIINA, Commissioner of Police, and AYES-13. NOES-0. JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, NO.252 administration and performance of essential services of that By: Mr. Franczyk department. We recommend that the compensation for said TRANSFEROFFUNDS position be fixed at the respective amount set forth in the ENTERPRISEFUND-REFUSE&RECYCLING foregoing ordinance. That pursuant to section 42 of the Charter and the Certificate That a personnel requisition incident to the creation of the Mayor and the Comptroller submitted to the Common of the above-mentioned position, containing a statement of the Council, the sum of $295,000 be and the same is hereby duties for such position, has been filed with the Municipal Civil transferred within Enterprise Fund - Refuse & Recycling and Service Commission, and said Commission has approved and said sum is hereby reappropriated as set forth below: certified the position title set forth in the foregoing ordinance as From: being the appropriate Civil Service title for the proposed 450 - Enterprise Fund - Refuse & Recycling position. 70 - Department of Street Sanitation REFERRED TO THE COMMITTEE ON CIVIL SERVICE. 1 - Solid Waste & Recycling 011 - Collection of Refuse & Recycling NO.256 554 - Lease of Buildings, Equipment & Land By: Ms. Gray $295,000 SALARYORDINANCEAMENDMENT To: 040-0AUDIT&CONTROL 450 - Enterprise Fund - Refuse & Recycling 002DATAPROCESSING 70 - Department of Street Sanitation The Common Council of the City of Buffalo does 1 - Solid Waste & Recycling ordain as follows: 085 - Capital Outlay That part of Section I of Chapter 35 of the Code of the 982 - Operating Equipment City of Buffalo, relating to 04 0 - Audit and Control 002 Data Excavator with Grapple Processing which reads: $175,000 1 Junior Programmer Analyst $28,510 - $33,341 TractorTrailers 120,000 7 System Analyst $35,864 - $42,302 PASSED. Is hereby amended to read: AYES-13. NOES-0. 8 System Analyst $35,864 - $42,302 IT IS HEREBY CERTIFIED, pursuant to Section 34 of NO.253 the Charter, that the immediate passage of the foregoing By: Mr. Franczyk ordinance is necessary. CAPITALBUDGETAMENDMENT WE, JOEL A. GIAMBRA, Comptroller, and JAMES B. ADDITIONTOCAPITALPROGRAM1998-99 MILROY, Director of the Budget, hereby certify that the above That pursuant to section 359 of the Charter and the Certificate change is necessary for the proper conduct, administration and performance of essential services of that department. We That part of Section I of Chapter 35 of the Code of the recommend that the compensation for said position be fixed at City of Buffalo, relating to 20 I - Department of Police 032 Fleet the respective amount set forth in the foregoing ordinance. Maintenance which reads: That a personnel requisition incident to the creation of 8 Motor Equipment Mechanic $25,891 - $29,160 the above-mentioned position, containing a statement of the Is hereby amended to read: duties for such position, has been filed with the Municipal Civil 9 Motor Equipment Mechanic $25,891 - $29,160 Service Commission, and said Commission has approved and IT IS HEREBY CERTIFIED, pursuant to Section 34 of certified the position title set forth in the foregoing ordinance as the Charter, that the immediate passage of the foregoing being the appropriate Civil Service title for the proposed ordinance is necessary. position. WE, ROCCO J. DIINA, Commissioner of Police, and REFERRED TO THE COMMITTEE ON CIVIL SERVICE. JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, NO.257 administration and performance of essential services of that By: Ms. Gray department. We recommend that the compensation for said SALARYORDINANCEAMENDMENT position be fixed at the respective amount set forth in the ENTERPRISEFUND foregoing ordinance. 98-0-DEPARTMENTOFWATER That a personnel requisition incident to the creation of 13REPAIR&INSTALLATIONOFWATERMETERS the above-mentioned position, containing a statement of the The Common Council of the City of Buffalo does ordain as duties for such position, has been filed with the Municipal Civil follows: Service Commission, and said Commission has approved and That part of Section I of Chapter 35 of the Code of the City of certified the position title set forth in the foregoing ordinance as Buffalo, relating to 98 Department of Water 013 Repair and being the appropriate Civil Service title for the proposed Installation of Water Meters which reads: position. 1 Water Meter Tester $24,355 - $27,164 PASSED. 8 Water Meter Mechanic $23,622 - $26,431 AYES-13. NOES-0. Is hereby amended to read: 1 Water Meter Tester $26,915 - $30,547 NO.260 8 Water Meter Mechanic $26,184 - $29,814 By: Ms. Gray IT IS HEREBY CERTIFIED, pursuant to Section 34 SALARYORDINANCEAMENDMENT of the Charter, that the immediate passage of the foregoing 01-1CITYCLERK ordinance is necessary. 001CITYCLERK WE, JOSEPH N. GIAMBRA , Commissioner of The Common Council of the City of Buffalo does ordain as Public Works, and JAMES B. MILROY, Director of the follows: Budget, hereby certify that the above change is necessary for That part of Section 1 of Chapter 35 of the Code of the City of the proper conduct, administration and performance of Buffalo, relating to 01-1 Department of City Clerk, 001 City essential services of that department. We recommend that the Clerk which reads: compensation for said position be fixed at the respective 1 Laborer I $19,982 - $22,675 amount set forth in the foregoing ordinance. Is hereby amended to read: That a personnel requisition incident to the creation 1 Laborer I $19,982 - $22,675 of the above-mentioned position, containing a statement of the WE, CHARLES L. MICHAUX III, City Clerk, and JAMES duties for such position, has been filed with the Municipal Civil B. MILROY, Director of the Budget, hereby certify that the Service Commission, and said Commission has approved and above change is necessary for the proper conduct, certified the position title set forth in the foregoing ordinance as administration and performance of essential services of that being the appropriate Civil Service title for the proposed department. We recommend that the compensation for said position. position be fixed at the respective amount set forth in the PASSED. foregoing ordinance. AYES-13. NOES-0. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the NO.258 duties for such position, has been filed with the Municipal Civil By: Mrs. Gray Service Commission, and said Commission has approved and SALARYORDINANCEAMENDMENT certified the position title set forth in the foregoing ordinance as 20–1POLICEADMINISTRATION being the appropriate Civil Service title for the proposed 001OFFICEOFTHEPOLICECOMMISSIONER position. The Common Council of the City of Buffalo does ordain as REFERRED TO THE COMMITTEE ON CIVIL SERVICE. follows: That part of Section I of Chapter 35 of the Code of the NO.261 City of Buffalo, relating to 20 I - Police Administration 001 By: Ms. Gray Office of the Police Commissioner is hereby amended with the SALARYORDINANCEAMENDMENT addition: 01-1CITYCLERK 1 Detective Sergeant $49,919 02OFFICEOFTELECOMMUNICATIONS IT IS HEREBY CERTIFIED, pursuant to Section 34 of The Common Council of the City of Buffalo does the Charter, that the immediate passage of the foregoing ordain as follows: ordinance is necessary. That part of Section I of Chapter 35 of the Code of the City of WE, ROCCO J. DIINA, Commissioner of Police, and Buffalo, relating to 01-I - Department of City Clerk 002 Office of JAMES B. MILROY, Director of the Budget, hereby certify that Telecommunications which reads: the above change is necessary for the proper conduct, 1 Telecommunication Inspector $29,751 - $34,140 administration and performance of essential services of that Is hereby amended to read: department. We recommend that the compensation for said 2 Telecommunications/ Cable Television Specialist position be fixed at the respective amount set forth in the $29,751 - $34,140 foregoing ordinance. WE, CHARLES L. MICHAUX III, City Clerk, and That a personnel requisition incident to the creation JAMES B. MILROY, Director of the Budget, hereby certify that of the above-mentioned position, containing a statement of the the above change is necessary for the proper conduct, duties for such position, has been filed with the Municipal Civil administration and performance of essential services of that Service Commission, and said Commission has approved and department. We recommend that the compensation for said certified the position title set forth in the foregoing ordinance as position be fixed at the respective amount set forth in the being the appropriate Civil Service title for the proposed foregoing ordinance. position. That a personnel requisition incident to the creation PASSED. of the above-mentioned position, containing a statement of the AYES-13. NOES-0. duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and NO.259 certified the position title set forth in the foregoing ordinance as By: Mrs. Gray being the appropriate Civil Service title for the proposed SALARYORDINANCEAMENDMENT position. 20-1DEPARTMENTOFPOLICE REFERRED TO THE COMMITTEE ON CIVIL SERVICE. 032FLEETMAINTENANCE The Common Council of the City of Buffalo does ordain as NO.262 follows: By: Ms. Gray 98-0-DEPARTMENTOFWATER maintenance organization (HMO), offers varying types and 013REPAIR&INSTALLATIONOFWATERMETERS levels of health care coverage, including Encompass 65 The Common Council of the City of Buffalo does ordain as Medicare, a program that is designed specifically for the needs follows: of senior citizens who receive Medicare; and That part of Section I of Chapter 35 of the Code of the Whereas: Participants in the Encompass 65 Medicare City of Buffalo, relating to 98 0 - Department of Water 013 Program currently enjoy the option of receiving medical care at Repair and Installation of Water Meters which reads: various hospitals throughout Western New York; and TEMPORARY SERVICES AS REQUIRED Whereas: Independent Health recently announced a proposal Water Meter Mechanic $23,622 - $26,431 that would severely limit the hospitalization options available to Is hereby amended to read: participants in the Encompass 65 Medicare program; and Water Meter Mechanic $26,184 - $29,814 Whereas: Under Independent Health's proposal, which would IT IS HEREBY CERTIFIED, pursuant to Section 34 of take effect on January 1, 1999, CGF Hospital System (Buffalo the Charter, that the immediate passage of the foregoing General, Millard Fillmore, Children's, and DeGraff Memorial ordinance is necessary. Hospitals) would become the exclusive hospital system for WE, JOSEPH N. GIAMBRA , Commissioner of Public Encompass 65 Medicare members who require hospitalization Works, and JAMES B. MILROY, Director of the Budget, in Erie County; and hereby certify that the above change is necessary for the Whereas: The proposal includes provisions which would allow proper conduct, administration and performance of essential participants to avail themselves of the services offered at the services of that department. We recommend that the Erie County Medical Center and Roswell Park on a restricted compensation for said position be fixed at the respective basis and to seek emergency care at the nearest emergency amount set forth in the foregoing ordinance. room; and PASSED. Whereas: In a memorandum sent to elected officials AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, throughout Erie County, Independent Health officials noted that HELFER, KAVANAUGH, LOTEMPIO, MANLEY, QUINTANA, by "working with a single hospital system in Erie County we can WILLIAMS, ZUCHLEWSKI-11. NOES-GRAY, PITTS-2. help improve the health of our members and also contain the rising cost of health care;" and NO.263 Whereas: Many Encompass 65 Medicare program members By: Mr. Helfer have contacted their elected officials and other community BERCBUSINESSLOANS advocates to express their dissatisfaction, concern, and anger Whereas: The City of Buffalo is home to numerous successful with the proposal because they feel that it severely limits their businesses which offer employment to City residents and options; and provide necessary goods and services to our community; and Whereas: New businesses often need some degree of Whereas: It has been reported that Independent Health's assistance as they struggle to purchase equipment, publicize, Encompass 65 Medicare program, which has 25,000 and develop a clientele; and members, has been losing money. It is estimated that half of Whereas: Buffalo Economic Renaissance Corporation (BERC) those 25,000 members currently obtain health care fi7om is a quasi-governmental agency that works in conjunction with Catholic hospitals, including Kenmore Mercy, Mercy, Our Lady the City of Buffalo to perform various functions, including of Victory, Saint Joseph and Sisters, while the other half obtain providing loans to assist new businesses; and health care from the CGF Hospital System; and Whereas: It is important that the businesses who borrow these Whereas: Independent Health's Fall, 1997, Healthy Styles fiends repay them in a timely and responsible manner or else Newsletter states, "Independent Health supports modernizing future new businesses will not have the opportunity to take and strengthening Medicare- however, we oppose reform that advantage of this golden business opportunity; and would limit choices for people who receive Medicare or disrupt Whereas: Although the businesses who borrow the money the coverage of those enrolled in Medicare HMOs;" and bear responsibility for repaying this money, the BERC bears an Whereas: The aforementioned quote is diametrically opposed equal, if not greater, amount of responsibility to follow up with to the proposal Independent Health recently unveiled; and these businesses to ensure that the funds are repaid; and Whereas: The Buffalo Common Council empathizes with Whereas: The recent story surrounding Breckenridge Independent Health's desire to reduce costs while Brewery's failure to repay their loan highlights the importance of simultaneously providing quality services; however, the repaying these loans; Breckenridge Brewery's default will mean members of this Honorable Body strenuously object to this that there are fewer funds available for future entrepreneurs; proposal which would rob senior citizens of the right to choose and the hospital at which they will receive medical care; and Whereas: In addition, BERC loans that are unpaid and Whereas: Many member of the Encompass 65 Medicare subsequently written off as uncollectible are a tremendous program have reported that they feel that they are being drain on the City of Buffalo's block grant funding; and discriminated against because this proposal applies only to Now, Therefore, Be It Resolved: them, rather than to all of Independent Health's clients; That BERC file responses to the following questions with the Now, Therefore, Be It Resolved: Common Council by 2:00 p.m. on Thursday, September 17, That the Buffalo Common Council speaks on behalf of 1998: Buffalo's senior citizens who are currently enrolled in the 1. How many loans, issued by BERC, are currently (as of Independent Health Encompass 65 Medicare program by September 8, 1998) outstanding? vehemently objecting to this proposal; and 2. How many loans are current? How many loans are Be It Further Resolved: delinquent up to 30 days? How many loans are delinquent 31-That the Buffalo Common Council urges Independent Health to 60 days? How many loans are delinquent 61-90 days? How retain the current system which provides members of the many loans are delinquent more than 90 days? (please include Encompass 65 Medicare program with the right to choose the information regarding exactly the number of days of hospital at which they would receive medical care; and delinquency) Be It Further Resolved: 3. What funds are used to provide these loans? Please include That the City Clerk forward a certified copy of this resolution, a breakdown of what portion of the funding comes from via registered mail, to Mr. Frank Colantuono, Chief Executive Community Development Block Grant (CDBG) funds, what Officer of Independent Health; and portion comes from Section 108 funding, and what portion Be It Finally Resolved: comes from other sources? That this item be referred to the Common Council's Committee 4. Provide a detailed breakdown of the sources and dollar on Legislation and that Independent Health's Chief Executive amounts that were used to fund the loan for Breckenridge Officer, Frank Colantuono, appear before the Buffalo Common Brewery. Council's Legislation Committee on Tuesday, September 15, 5. How many loans have been made to minority/women owned 1998, to discuss this proposal with councilmembers. businesses? REFERRED TO THE COMMITTEE ON LEGISLATION AND REFERRED TO THE COMMITTEE ON COMMUNITY INDEPENDENT HEALTH. DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC NO.265 RENAISSANCE CORPORATION. By: Mr. Helfer REQUESTINFORMATIONREGARDINGCOLLECTIONOF NO.264 INSPECTIONFEES By: Mr. Helfer Whereas: Chapter 242 of the charter of the City of Buffalo OPPOSEINDEPENDENTHEALTH'SPLANSTORESTRICTthat, "every property owner shall pay a fee of seventy-five OPTIONSFORENCOMPASS65MEDICAREPROGRAM dollars ($75.00) to be assessed against the property for each Whereas: Independent Health, a local non-profit health inspection after the second inspection in which violations of a city housing ordinance are found, unless such fee is waived by Whereas: The City of Buffalo Water Department reports that it the Waiver Review Panel;" and is the customer's responsibility to compare the indoor and Whereas: Property inspections are an important component of outdoor reading devices to ensure that the readings match; and maintaining and preserving the housing stock in the City of Whereas: Customers, however, have reported that they Buffalo; if a property is found to be in violation of the City's believed that it was the Water Department's responsibility to housing codes, inspections provide a means to detect the compare these reading devices on an annual basis to ensure problem before the property deteriorates completely; and that the readings match; and Whereas: In certain cases, inspectors must conduct repeat Whereas: Many residents have expressed frustration with the inspections at certain properties both to follow up on problems fact that they are expected to pay these overwhelming sums by and to investigate new complaints; it is important to note that the end of the quarter; they note that this is a short time to each property inspection results in expenses for the City of amass what is, in many cases, quite a large sum- and Buffalo; and Whereas: Many residents have requested that they be allowed Whereas: The aforementioned fee provides a way for the City to pay a certain amount of money per month, over a period of to recoup the expenses incurred on these repeat inspections; years, if necessary; this would be appropriate given that the Now, Therefore, Be It Resolved: expenses were incurred over a period of time; That the Department of Community Development provide the Now, Therefore, Be It Resolved: following information: That the City of Buffalo Department of Public Works and City Since the provision relevant to this fee was included in the City of Buffalo Water Department file written responses, including a of Buffalo charter, how many properties have had more than copy of the current policy regarding responsibility for comparing two inspections? water meter reading devices to ensure accuracy, with the Since this provision was included in the charter, how many fees Common Council, c/o Room 1308 City Hall, by 2:00 p.m. on have been charged? Thursday, September 17, 1998; and How many fees have been waived? Be It Further Resolved: How much money has actually been collected? That this Honorable Body requests that the City of Buffalo How much money is outstanding? Corporation Counsel file an opinion regarding whether there is Be It Further Resolved: a statute of limitations on these charges. This opinion should That the Department of Community Development file this be filed care of the City Clerk by 2:00 p.m. on Thursday, information with the City Clerk by 2:00 p.m. on Thursday, September 17, 1998; and September 17, 1998. REFERRED TO THE COMMITTEE ON FINANCE, THE REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, AND THE THE COMMISSIONER OF COMMUNITY DEVELOPMENT CORPORATION COUNSEL NO.266 NO.268 By: Mr. Helfer By: Ms. Kavanaugh REQUESTINFORMATIONREGARDINGACCEPTANCEOFSUPPORTEFFORTSTOCONTINUEHIGHSTANDARDS NIAGARAMOHAWKPAYMENTS OFVOCATIONALSTUDIES Whereas: Niagara Mohawk Power Corporation provides Whereas: The City of Buffalo has great vocational education electric services to more than 1. 5 million customers throughout programs that offer students the training and "hands on" a 24,000-square-mile area of upstate New York; and experience necessary for employment; and Whereas: Buffalo, New York is included in Niagara Mohawk's Whereas: A recent Business First article noted the lack of service area; and skilled workers to fill openings in the Buffalo area. Employers Whereas: Certain Niagara Mohawk initiatives, such as the are also concerned that a shortage of trained individuals ready Budget Plan and the Low-Income Assistance program, provide to work in this area could result in even more businesses invaluable assistance to City residents; and leaving the region; and Whereas: Unfortunately, some Niagara Mohawk customers Whereas: A few weeks ago it was reported that cuts would be recently learned that they no longer have the option to pay their made to vocational programs due to unfunded mandates from bills at certain sites; and the State. The demands put on the Board threaten the training Whereas: Jubilee, for example, has informed its customers programs currently offered. Recently, Superintendant of that it will no longer accept Niagara Mohawk payments; this Schools James Harris recommended that as many as 13 means that Jubilee customers will no longer enjoy the teachers would be transferred out of vocational training convenience of paying their Niagara Mohawk bills while programs. Although the Board of Education did not adopt that shopping; and recommendation, those cuts would have destroyed the Now, Therefore, Be It Resolved: vocational education programs and the opportunities they That the Buffalo Common Council requests that Niagara provide for our students; and Mohawk immediately forward a list of all sites that previously Whereas: Bob Bennett from the State Board of Regents is accepted Niagara Mohawk payments and a list of all sites proposing to include regents credits for vocational education; which will accept Niagara Mohawk payments in the future; and and Be It Further Resolved: Whereas: As reported in the Buffalo News, the Buffalo School That the City Clerk forward certified copies of this resolution to Board is going to ask the State of New York to create a special the New York State Public Service Commission as well as the Regents diploma for vocational students; following Niagara Mohawk officials: Now, Therefore Be it Resolved: William E. Davis, Chief Executive Officer That this Common Council values vocational educational Al West, General Manager of the Western Region opportunities that prepare our school children for entrance to Steve Brady, Manager of Regional Communications; and the workforce; and Be It Finally Resolved: Be it Further Resolved: That Niagara Mohawk file a written response to this resolution That this Honorable Body endorse and fully support all efforts with the Buffalo Common Council, c/o Room 1308 City Hall, to continue the high standards and excellence that the Buffalo, New York 14202, before 2:00 p.m. on Thursday, vocational education programs offer in the Buffalo Public September 17, 1998. Schools. REFERRED TO THE SPECIAL COMMITTEE ON ADOPTED. MUNICIPALIZATION AND NIAGARA MOHAWK NO.269 NO.267 By: Mrs. LoTempio By: Mr. Helfer CITYOFBUFFALO REQUESTINFORMATIONONPOLICYREGARDINGLOCALLAWNO.___(1998) READINGWATERMETERS INTRODUCTORYNO.11(1998) Whereas: Numerous residents who currently have water A LOCAL LAW amending Article 28 of the Charter of the City meters have recently contacted various city officials to report of Buffalo in relation to Taxes Upon Gross Incomes or Gross that they have received abnormally high water bills; and Operating Incomes of Corporations and Persons Furnishing Whereas: The residents who have called to express concern Utility Services. about these water bills have noted that they are frustrated BE IT ENACTED BY THE COMMON COUNCIL OF because the bills are not accompanied by an explanation of any THE CITY OF BUFFALO AS FOLLOWS: kind; and Section 1. That Article 28 of the Charter of the City Whereas: Research has indicated that these bills were sent to of Buffalo, adopted pursuant to law, is hereby amended to reconcile the difference between the reading from the remote read as follows: reading device that is placed outside with the reading device (a) By amending section five hundred and forty-five to read that is placed inside with the water meter; and as follows: Sec. 545. Taxes Upon Gross Incomes or Gross Operating Whereas: Kleinhans Music Hall Management also entered into Incomes of Corporations and Persons Furnishing Utility a catering agreement with Uptown Group Associates to provide Services. exclusive catering franchise at Kleinhans Music Hall for a term (2) Imposition of tax. Notwithstanding any other commencing July 1, 1998, to December 31, 2001; and provision of this charter or any other law, tax equal to three per Whereas: This Honorable Body has resolved last June 23 to centum. of its gross income commencing with the effective waive the water bill received by Kleinhans Music Hall date of this subdivision as amended [and ending May thirty-Management, C. C.P., 6/23/98, No. 209; and first, nineteen hundred ninety-two, and thereafter at four per Whereas: The City has determined to continue the services of centum for each twelve-month period commencing June first, the Kleinhans Music Hall Management, Inc., for the Kleinhans nineteen hundred ninety two] is hereby imposed upon every Music Hall under the same terms as in the 1993 agreement for utility doing business in the city of Buffalo which is subject to the same period as the lease with the BPO; the supervision of the state department of public service and Now Therefore Be It Resolved That: which has a gross income for each such period in excess of The Common Council requests that the Corporation Counsel five hundred dollars, except motor carriers or brokers subject to prepare an amendment which would extend the contract to end such supervision under article three-b of the public service law, coterminously with the BPO lease, through August 31, 2006; and a tax equal to one per centum of its gross operating and income is hereby imposed for each such period upon every Be It Further Resolved That: other utility doing business in the city of Buffalo which has a The extension retain the provisions currently detailed in the gross operating income for each such period from June first, Agreement except that it include a waiver of water charges nineteen hundred fifty, in excess of five hundred dollars, which incurred by Kleinhans Music Hall Management; and taxes shall be in addition to any and all other taxes and fees Be It Finally Resolved That: imposed by any other provision of law for the same period. The Mayor be authorized to enter into the extension Agreement Section 2. This local law shall take effect immediately. with Kleinhans Music Hall Management, Inc. APPROVED AS TO FORM PASSED. Michael B. Risman AYES-13. NOES-0. Corporation Counsel NOTE: Matter in brackets [] to be deleted. NO.272 LAID ON THE TABLE. By: Mr. Pitts & Mrs. Miller-Williams TEMPORARYSIGN-TAYLORBUILDING NO.270 WHEREAS: The former AM&A's Building located on Main By: Mr. Pitts Street was to be reopened as the Taylor Department Store by AUDITUTILITYFEEREVENUES August 17, 1998; and Whereas: New York State law permits the City of Buffalo to WHEREAS: The new owner, Mr. Richard Taylor will provide collect a three percent tax on the gross operating income of for upscale retail clothing and a restaurant. This major utilities providing service in the City- and development will be the first of its kind in downtown Buffalo in Whereas: The utilities covered include persons or corporations the past five years; and providing gas, electricity, water, telephony, and they are WHEREAS: The renovation of the store has been delayed due required to file regular returns with the Comptroller's Office to a recent arson fire. However, the plan to open by mid- along with their payments; and September, 1998 is still on target; and Whereas: The City receives about $15 million in annual WHEREAS: Mr. Taylor's vision and commitment to downtown revenue from the utility tax; and Buffalo is to be lauded. This major investment should be Whereas: The amount of tax paid to the City is computed using heralded and welcomed with as much cooperation as possible forms that are fairly complex, as the law allows for a number of to make it a success; and deductions in determining what is considered gross operating NOW, THEREFORE BE IT RESOLVED: income for the purposes of this tax; and That this Common Council approves the erection of a Whereas: The very real possibility exists that some of the temporary promotional sign, subject to appropriate conditions, utilities are not paying the proper amount of utility tax to the at the former AM&A's Building for the purposes of the Grand City, and the City of Buffalo should therefore undertake a Opening; and comprehensive audit of all utility tax payments to determine BE IT FURTHER RESOLVED: whether they are accurate; and That Mr. Taylor apply for all appropriate permits prior to any Whereas: As part of this process, a effort should also be made permanent sign being placed. to determine whether there are any entities covered by this law PASSED who are not paying any utility tax; recently, through the efforts AYES-13. NOES-0. of the Comptroller's Office, the Law Department, and the Office of Telecommunications, a company who had not paid its utility NO.273 tax since 1995 was brought into compliance; and By: Messrs. Pitts, Franczyk & Quintana Whereas: If outside expertise is needed to perform this work, DESIGNATEBUFFALOMEDIARESOURCES(SQUEAKY an effort should be made to identify funding and engage a WHEEL)ASPUBLICACCESSPROVIDER qualified consultant; Whereas: Earlier this year the City of Buffalo issued a Request Now, therefore be it resolved: for Proposals for Management of a Public Access TV System; That the Comptroller's Office be requested to conduct a full and audit of the City of Buffalo's utility tax payments. Whereas: The only entity to submit a valid proposal by the ADOPTED. prescribed deadline war Buffalo Media Resources CBNW'), also known as Squeaky Wheel; and NO.271 Whereas: BMR, a not-for-profit media arts center located at By: Mr. Pitts 175 Elmwood Ave., has been deemed by this Common Council AGREEMENTSREGARDINGKLEINHANSMUSICHALL to possess the necessary qualifications to effectively operate Whereas: The City is the owner of the premises known as the City's Public Access System; and Kleinhans Music Hall; and Whereas: Since the reconstruction of the City's Public Access Whereas: In 1993, the City and Kleinhans Music Hall facility at the former Apollo Theater is not yet completed, BMR Management, Inc., entered into an agreement for the day-to-will negotiate a lease with the Langston Hughes Institute to day property management, rentals and maintenance of operate Public Access out of 25 High St; and Kleinhans Music Hall; and Whereas: The City will work with BMR and Langston Hughes Whereas: The term of this Agreement expired on June 30, to ensure that the site will be made suitable for Access 1996, but the Common Council enacted a resolution, C.C.P., operations without using any of the Public Access operational 7/11/95, No. 186, granting a two-year extension of this funds; and expiration date to June 30, 1998; and Whereas: BMR will contract with the staff necessary to run Whereas: Kleinhans Music Hall Management entered into a interim Public Access operations, giving consideration to the ten-year lease with the Buffalo Philharmonic Orchestra Society, hiring of the current BCTV camera. and programming staff, Inc. ("BPO"), for the Kleinhans Music Hall, for a term of and September 1, 1996, to August 31, 2006, and this lease was Whereas: During this interim period BMR will also make a full duly approved by the Common Council, C.C.P., 11/26/96, No. assessment of the equipment inventory and the future 239; and equipment needs of Public Access; BMR shall repair and/or Whereas: Kleinhans Music Hall Management entered into a replace equipment as is feasible under the interim budget, and management consulting agreement with Shea's Buffalo make recommendations for further capital upgrades that are Concessions to manage and market Kleinhans Music Hall for a beyond the scope-. of the current spending plan. term commencing July 1, 1996 to June 30, 1998; and Now, therefore be it resolved: That this Common Council authorizes the City of Buffalo to encroachment application fee for the property located at 285 enter into an interim agreement with Buffalo Media Resources Grant Street be waived so that the Grant-Ferry Satellite Police ("BMR") which would allow BMR to run a fully operational Station and the staff offices of the International Market Place Public Access System; and may be established; and Be it further resolved: Be It Further Resolved: That this Honorable Body requests the Law Department to That copies of this resolution be forwarded to the Corporation prepare this interim agreement, modeled after the current Counsel, the Permit Office, and the Department of Public public access contract, which would be in place until such time Works. as BMR forms a separate not-for-profit called Buffalo PASSED Neighborhood Network ("BNN'); BNN would then contract with AYES-13, NOES-0 the City as the permanent Public Access operator; and NO.277 Be it finally resolved: By: Ms. Miller-Williams That the City will compensate BMR in the amount of $135,000 DISPLAYBANNERFORBUFFALOENSEMBLETHEATRE from the Public Access account for the interim operation from Whereas: The Buffalo Ensemble Theatre will soon September 15, 1998 to June 30, 1999; and begin their season at the New Phoenix Theatre on Johnson Be it finally resolved: Park, and That the City will provide for legal work necessary for the Whereas: To promote this season the Buffalo creation of the separate not-for-profit using funds from the Ensemble Theatre has requested permission to display a Public Access account. banner on Elmwood Ave. near Johnson Park, and PASSED. Whereas: The organizers would like to display the AYES-13. NOES-0. banners from September 8,1998 through October 25, 1998; Now, Therefore, Be It Resolved: NO.274 That this Common Council grants permission to the Buffalo By: Mr. Pitts Ensemble Theatre to display the banner, pursuant to the NEGOTIATEFRANCHISEWITHTELERGY conditions established by the Commissioner of Public Works, Whereas: Telergy Central, LLC is a company based in the Corporation Counsel and the Special Events Advisory Syracuse NY that is engaged in the business of constructing Committee. fiber optic facilities to provide all forms of telecommunications PASSED services; and AYES-13, NOES-0 Whereas: It recently completed a 350-mile fiber optic backbone from Albany to Buffalo using Niagara Mohawk right-NO.278 of-way; and By: Mrs. Miller-Williams Whereas: Telergy has requested permission that the City of WAIVEMOTORCADEPERMITFEEFORNATIONALNIGHT Buffalo grant a permanent franchise so that it may provide OUT commercial service in the city; Whereas: This year, National Night Out was held on Now, therefore be it resolved: Tuesday, August 4, 1998, between 6:00 PM and 10:00 PM; That the Common Council authorize the negotiation of a and franchise agreement between the City of Buffalo and Telergy Whereas: In the City of Buffalo, this event is heavily Central, LLC which would allow Telergy to use the public right-promoted to fight crime and drugs, and promote neighborhood of-way to provide commercial telecommunications services in unity; and the city; and Whereas: Block Clubs are encouraged to take part Be it further resolved: in National Night Out activities with many of them planning That this agreement be submitted to this Common Council for block parties and motorcades; and final approval at the regular Council meeting of October 6, Whereas: In previous years, the Common Council 1998. has assisted blocks clubs by waiving the permit fees to allow ADOPTED. and encourage city-wide participation; and Whereas: During the Common Council's August NO.275 recess, the Special Events Committee received and approved a By: Mr. Pitts request from the Community Action Information Center to DISCHARGETAYLORLAWIMPASSECOMMITTEE waive a $50 motorcade fee for participation in the National AFSCMELOCAL650-DENTALPLAN Night Out; and (COM91,APRIL28,1998) Whereas: The Special Events Committee is now LABORRELATIONS-INFOLOCAL650DENTALPLAN requesting that the Common Council approve the waiving of the (COM13,MAY12,1998) $50 motorcade permit fee for the Community Action Whereas: The above items are currently in the Information Center retroactively. Taylor Law Impasse Committee; and Now Therefore Be It Resolved: Whereas: It is no longer necessary for these items That this Common Council approve waiver of the National to be considered by that committee; Night Out motorcade permit fee of $50 for the Community Now, Therefore, Be It Resolved: Action Information Center retroactively. That this Common Council does hereby discharge the Taylor PASSED Law Impasse Committee from further consideration of these AYES-13, NOES-0 items, and said items are now before the Council. Carried NO.279 Mrs. LoTempio now moved to receive and file By: Mrs. WilliamsINVESTIGATEALLEGATIONSOF AFSCME Local 650 - Dental Ins. (Com 91, CCP 4/28/98) and IMPROPERTRAININGOFBUFFALOAREAPOLICE Labor Relations-Info. Local 650 Dental Plan (Corn. 13, RECRUITS: 5/12/98). Whereas: Early in August 1998, a class of area Seconded by Mr. Coppola Police recruits were undergoing “normal' training at the Erie ADOPTED County Central Police Services Law Enforcement Training Academy. During this routine physical fitness training, six NO.276 recruits collapsed from heat exhaustion and required By: Mr. Quintana hospitalization; and APPLICATIONFEE--285GRANTSTREET Whereas: On the day of this incident, temperatures Whereas: Property located at 285 Grant Street is were predicted to reach approximately 83 degrees, with the currently owned by Mr. Samuel Ciccia; and high humidity pushing the heat index close to 90 degrees; and Whereas: Mr. Ciccia has agreed to donate a portion Whereas: When the body is overexerted by of his building at 285 Grant Street to the City of Buffalo for the strenuous physical activities during warm weather, body next five (5) years to be used as the Grant-Ferry Satellite Police temperatures could climb to dangerous levels. This could Station and staff offices for the International Market Place; and result in heat exhaustion or a heat stroke which is life Whereas: City dollars will be provided for the threatening; and renovations to the portion of the building to be utilized for the Whereas: Heat exhaustion takes time to develop, but Satellite Police Station and the International Market Place can even happen during such mild activity as taking a walk, through the Mayor's Matching Funds Program; and particularly when in direct sunlight. To avoid heat exhaustion, Whereas: Renovations will require an encroachment fluids must be replaced before, during, and after exercise, into the city's right-of-way; especially in hot and humid weather; and Now, Therefore, Be It Resolved: That the Common Whereas: Symptoms of heat exhaustion include Council requests the building permit fee and the right-of-way dizziness, nausea, headache, vomiting muscle cramps, weak and rapid pulse, and unconsciousness; and be included in this event; and Whereas: Despite the instructor's alleged Whereas: The starting point of the parade will be at suggestions to consume extra water, six recruits succumbed to Delaware Avenue at North Street, with the finishing point at the the heat and were admitted to the intensive care units at front of City Hall; and various hospitals; and Whereas: At the end of the parade, all sports Whereas: Of the six trainees hospitalized, three participants will be displayed on Court Street, between were treated and later released and three remained. Allegedly, Lafayette and Niagara Square for the remainder of the day. At one officer may have suffered a permanent disability; and this location, the public will have the opportunity to speak with Whereas: Because of the seriousness of this matter, various sports figures and organizations; it is necessary for the City to fully investigate the cause of this Now, Therefore, Be It Resolved: incident, and if necessary, establish safe-guards to prevent That the Common Council waive the street closing and incidents of this type from happening in the future. parade permit fees of one hundred fifteen dollars ($115) for the Now, Therefore, Be It Resolved: "International All Star Sports Parade" to be held on Saturday, That the Common Council requests Buffalo Police September 12, 1998 on Delaware Avenue between North Commissioner Rocco Diina and the Civil Service Commission Street and City Hall. to conduct a complete investigation of this incident, and request that the following questions be answered. The NO.282 diagnosis of all recruits involved in the training. By: Ms. Barbara A. Miller-Williams -What time of day did the training take place? WAIVEPARADEPERMITFEE -What exercise and/or activities were the recruits required to do Whereas: On Wednesday, September 16, 1998, the prior to and after the run? American Association of Retired Persons (AARP) and its -Were the recruits allowed to replenish any fluids prior to, community partners at the Langston Hughes Institute, the during, and after the run? Community Action Information Center, and the Child and -Did any recruits suffer any permanent health damage? Family Services/Senior Companion Services of Erie County, -Were the six affected recruit now medically cleared to return to will participate in the dedication of AARP's first Information Site training? What safe-guards have been implemented to protect in Buffalo, New York; and the health of the recruits and to prevent further inquiries during Whereas: The AARP's Information Site will be training permanently located in the lobby of the Langston Hughes REFERRED TO THE SPECIAL COMMITTEE-ON POLICE Institute, providing the public access to information on member COMMISSION AND THE CORPORATION COUNSEL benefits, managed care, Medicare, public benefits, the future of social security, 55 Alive (AARP's drivers program), tax aid, NO.280 financial planning, home modification, long-term care, By: Ms. Miller-Williams independent living and more; and FUNDINGTREEPLANTINGWhereas: The Environmental Whereas: To commemorate this event, there will be Advocates organization has released a report titled "Green an awareness walk entitled "50 Plus Strut for Independent Streets" that documents the state of tree planting in New York's Living" at 10:30 a.m. on September 16, 1998, from Michigan upstate urban areas; and Avenue, to Carlton Street, to Main Street, to High Street; Whereas: According to this report, which used Now, Therefore, Be It Resolved: information provided by the City Forester, Buffalo once planted That the Common Council waive the parade permit fee of fifty 7,000 trees per year, but is currently down to 300 plantings, dollars ($50) for the AARP's awareness walk, "50 Plus Strut for while 600 trees are lost annually; and Independent Living," to be held on Wednesday, September 16, Whereas: The report estimates that for Buffalo to 1998 at 10:30 a.m. become "fully treed", 20,000 vacant tree spaces would need to PASSED be filled at an estimated cost of $2.5 million; and AYES-13, NOES-0 Whereas: Buffalo also had 1,567 trees in need of removal as of 1996, and at $350 each the removal process NO.283 would cost $548,450; and By: Mr. Zuchlewski RD Whereas: The city has been putting more resources 3ANNUALCOMMUNITYDAY into its trees in recent years, including hiring a forester and Whereas: Organizers of the Annual Community Day will be additional staff while purchasing some needed equipment and sponsoring their event on Sunday, September 27th and passing a progressive tree ordinance; and Whereas: This year marks the 4th Annual Whereas: The City's tree ordinance requires Community Day; and developers to preserve trees on site or to pay into the City's Whereas: To publicize the event, organizers have Tree Fund if trees must be taken down and can't be replaced requested permission to display a banner across Elmwood in-kind on site; and Avenue at Forest from September 2nd September 28th and Whereas: However, it is clear that there is a critical Whereas: This event is free to the community and need for additional funds for tree care and planting; and will take place in "The Elmwood Museum District at the Albright Whereas: New sources of funds should be Knox Art Gallery; and investigated, including grants and development fees such as Now, Therefore, Be It Resolved: Lancaster's $120 tree fee on all new single family building That the sponsors follow the guidelines set forth by the permits; Department of Public Works for the installation of a street Now, Therefore, Be It Resolved That: banner; and This Common Council requests the Commissioners of Parks Now Therfore, Be It Resolved: and Community Development to investigate the feasibility of That approval is granted to erect this banner from September developing new funding sources for the planting and care of 2nd through September 28th city trees and to file the results of their investigation with the PASSED City Clerk by 2:00 P.M. on Thursday, October 1, 1998. AYES-13, NOES-0 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY NO.284 DEVELOPMENT, THE COMMISSIONER OF HUMAN By: Mr. Zuchlewski SERVICES, PARKS AND RECREATION AND THE RENEWLEASEAGREEMENTBETWEENTHECITYOF COMMISSIONER OF POLICE BUFFALOANDTHENORTHWESTBUFFALO COMMUNITYCENTER,INC.FORUSEOFTHEFORMER NO.281 SCHOOL#79-155LAWNAVENUE By: Ms. Barbara A. Miller-Williams Whereas: Pursuant to Item No. 113, C.C.P. WAIVESTREETCLOSINGANDPARADEPERMITFEES12/27/88, this Honorable Body authorized a lease agreement FORTHEINTERNATIONALALL-STARSPORTSPARADE between the City of Buffalo and the Northwest Buffalo Whereas: On Saturday, September 12, 1998, the Community Center, Inc. for use of the former School #79, International All-Star Sports, Inc., a not for-profit corporation, located at 155 Lawn Avenue for a ten year period commencing will be holding the first annual "International All Star Sports on September 1, 1988 and expiring on August 31, 1998 ; and Parade" in the City of Buffalo; and Whereas: Mr. Larry T. Pernick, Executive Director of Whereas: The objective of this parade is to increase the Northwest Buffalo Community Center, Inc. is requesting to the awareness of all types of sports, making this area known as renew this lease agreement under the same terms and the "Sports Center U.S.A."; and conditions; and Whereas: The parade will host professionals and Whereas: I wholeheartedly recommend that this amateurs on the local, national and international levels. Honorable Body renew their present lease agreement for an Present and past stars from various sports' Halls of Fame will additional ten year period to commence on September 1, 1998 and expire August 31, 2008 Mrs. LoTempio moved that the above item be taken from the Now, Therefore, Be it Resolved: table. I further recommend that this Honorable Body authorize the Seconded by Mr. Fontana. Corporation Counsel to prepare the necessary documents to CARRIED renew said lease and that the Mayor be authorized to execute Mrs. LoTempio now moved that the above item be received the same. and filed PASSED Seconded by Mr. Fontana AYES-13, NOES-0 ADOPTED NO.285 NO.290 By Mr. Zuchlewski ADELPHIA-TCI-PARNASSOSTRANSFER FELICITATIONS/INMEMORIAM (ITEM#102,C.C.P.,JULY21,1998) Attached hereto are Felicitation and In Memoriam Mrs. LoTempio moved that the above item be taken from the Resolutions sponsored by Members of the Common Council as table. indicated: Seconded by Mr. Fontana. Felicitation for Larry Eugene White, Sr. By Councilmember CARRIED Kevin Helfer Mrs. LoTempio now moved that the above item be received Felicitation for Julian Dargan By Councilmember James Pitts and filed Felicitation for Mamie Kirkland By Councilmember James Pitts Seconded by Mr. Fontana Felicitation for Reverend James C. Ballard By Councilmember ADOPTED Beverly Gray ADOPTED. NO.291 ADELPHIA-TRANSFERCABLEFRANCHISE NO.286 (ITEM#103,C.C.P.,JULY21,1998) By: Mr. Zuchlewski Mrs. LoTempio moved that the above item be taken from the APPOINTMENTS table. COMMISSIONEROFDEEDS Seconded by Mr. Fontana. That the following persons are hereby appointed as CARRIED Commissioner of Deeds for the term ending December Mrs. LoTempio now moved that the above item be received 31,1998 , conditional upon the person so appointed certifying and filed under oath to their qualifications and filling same with the City Seconded by Mr. Fontana Clerk: ADOPTED William J.Whithead Dolores J.Winkowski NO.292 James M.Ramsey TCI-TCI/ADELPHIA-TRANSACTION Kristina. P-Smith (ITEM#118,C.C.P.,JULY21,1998) Greg J-Cipilla Mrs. LoTempio moved that the above item be taken from the William M.Maryinewski table. Lawrence Lucarelli Seconded by Mr. Fontana. Sigmund Kucewicz CARRIED Jolyn K.Patano Mrs. LoTempio now moved that the above item be received Charles R.Notaro and filed Kathleen A.Posrnjak Seconded by Mr. Fontana Cassandra Gilmore ADOPTED ADOPTED. NO.293 NO.287 TCI-MERGERTCI&AT&T .By: Mr. Zuchlewskl (ITEM#119,C.C.P.,JULY21,1998) APPOINTMENTS Mrs. LoTempio moved that the above item be taken from the COMMISSIONEROFDEEDS table. Required-Performance of Public Duties that the following Seconded by Mr. Fontana. persons; are Hereby appointed as Commissioner of Deeds for CARRIED the term ending December 31,1998 , conditional upon the Mrs. LoTempio now moved that the above item be received person so appointed certifying, under oath, to their and filed qualifications and filing same with the City Clerk: Seconded by Mr. Fontana Christopher W. Tomaszewski ADOPTED Dennis H. Block Duane J.Borek NO.294 Gialann Apasso BONDRES.-$100,000-FRIENDSTOELDERLYLAND Sharon F.Hollig ACQ. Abigail Rivera (NO.253,C.C.P.,JULY21,1998) Ester Caputi Mrs. LoTempio moved that the above item be taken from the Steven J.Rogers table. Carol A.Sobolewski Seconded by Mr. Helfer Virginia A.Strodel CARRIED Andrea Dye Mrs. LoTempio now moved approval of the above item. Mary Kay S.Fantuzzo Seconded by Mr. Helfer ADOPTED. PASSED AYES-13, NOES-0 UNFINISHEDBUSINESS NO.295 NO.288 BONDRES.-$500,000-KLEINHANSRESTORATION TCI-TCICOMPLIANCEWITHCABLEFRANCHISE(NO.254,C.C.P.,JULY21,1998) AGREE. Mrs. LoTempio moved that the above item be taken from the (ITEM#33,C.C.P.,JULY21,1998) table. Mrs. LoTempio moved that the above item be taken from the Seconded by Mrs. Gray table. CARRIED Seconded by Mr. Fontana. Mrs. LoTempo now moved approval of the above item. CARRIED Seconded by Mrs. Gray Mrs. LoTempio now moved that the above item be received PASSED and filed AYES-13, NOES-0 Seconded by Mr. Fontana NO.296 ADOPTED BONDRES.-$150,000-CITYHALLSTANDPIPE (NO.255,C.C.P.,JULY21,1998) NO.289 Mrs. LoTempio moved that the above item be taken from the TCI/AT&TMERGER(CC) table. (ITEM#65,C.C.P.,JULY21,1998) Seconded by Mrs. Gray CARRIED PASSED Mrs. LoTempio now moved approval of the above item. AYES-13, NOES-0 Seconded by Mrs. Gray PASSED NO.304 AYES-13, NOES-0 BONDRES.-$300,000-SENECABABCOCK COMM.CTR. NO.297 (RES.263,C.C.P.,JULY21,1998) BONDRES.-$500,000-BROADWAYMKT Mrs. LoTempio moved that the above item be taken from the (NO.256,C.C.P.,JULY21,1998) table. Mrs. LoTempio moved that the above item be taken from the Seconded by Mrs. Gray table. CARRIED Seconded by Mrs. Gray Mrs. LoTempio now moved approval of the above item. CARRIED Seconded by Mr. Helfer Mrs. LoTempio now moved approval of the above item. PASSED Seconded by Mr. Helfer AYES-13, NOES-0 PASSED AYES-13, NOES-0 NO.305 LOCALLAWINTRO.#9-TAXEXEMPTIONREALPROP. NO.298 IMPROVEMENT-ADA BONDRES.-$75,000-RIVERSIDERINK (NO.272,C.C.P.,JULY21,1998) (NO.257,C.C.P.,JULY21,1998) Mrs. LoTempio moved that the above item be taken from the Mrs. LoTempio moved that the above item be taken from the table. table. Seconded by Mrs. Gray Seconded by Mrs. Gray CARRIED CARRIED Mrs. Lotempio now moved Mrs. LoTempio now moved approval of the above item. Whereas, a public hearing has been set, before the Common Seconded by Mr. Helfer Council, at this regularly scheduled meeting, on the above item, PASSED and a Notice of same has been published in the Buffalo News , AYES-13, NOES-0 a copy of which is attached hereto, the item is properly before the Common Council, and the hearing is opened. NO.299 Seconded by Mr. Helfer BONDRES.-$200,000-DELEVAN-MOSELLECTR. CARRIED. (NO.258,C.C.P.,JULY21,1998) Appearances - Mrs. LoTempio moved that the above item be taken from the In Favor: table. Opposed: Seconded by Mrs. Gray Mrs. LoTempio moved that the hearing be closed. Seconded CARRIED by Mr. Helfer Mrs. LoTempio now moved approval of the above item. CARRIED. Seconded by Mr. Helfer Mrs. LoTempio now moved that, after the required public PASSED hearing held by this Common Council, Local Law Intro. #9 - AYES-13, NOES-0 Tax Exempt Real Property Improvement - ADA, be and the same hereby is approved. NO.300 Seconded by Mr. Helfer BONDRES.-$550,000-FRIENDSTOELDERLY-EXPAN. PASSED (NO.259,C.C.P.,JULY21,1998) AYES-13, NOES-0 Mrs. LoTempio moved that the above item be taken from the table. NO.306 Seconded by Mrs. Gray L.L.INTRO.#10(1998)-SAL.OFELECTEDOFFICIALS CARRIED (RES.273,C.C.P.,JULY21,1998) Mrs. LoTempio now moved approval of the above item. Mrs. LoTempio moved that the above item be taken from the Seconded by Mr. Helfer table. PASSED Seconded by Mrs. Williams AYES-13, NOES-0 CARRIED Mrs. LoTempio now moved approval of the above item. NO.301 Seconded by Mrs. Gray BONDRES.-$200,000-CITYHALLFIREALARM PASSED (NO.260,C.C.P.,JULY21,1998) AYES-COPPOLA, FRANCZYK, GRAY, KAVANAUGH, Mrs. LoTempio moved that the above item be taken from the LOTEMPIO, PITTS, QUINTANA, ZUCHLEWSKI-8 table. NOES-BROWN, FONTANA, HELFER, MANLEY, WILLIAMS- Seconded by Mrs. Gray 5 CARRIED Mrs. LoTempio now moved approval of the above item. NO. 307 Seconded by Mr. Helfer Rename Chicago Street - Louis Billittier Blvd. PASSED (No. 283, C.C.P., July 21, 1998) Mrs. LoTempio moved that the above item be taken from the NO.302 table. BONDRES.-$750,000-JEFFERSONLIBRARY Seconded by Mr. Coppola (RES.261,C.C.P.,JULY21,1998) CARRIED Mrs. LoTempio moved that the above item be taken from the Mrs. LoTempio now moved that table. A public hearing has been set, before the Common Council, Seconded by Mrs. Gray at this regularly scheduled meeting, on the above item, and a CARRIED Notice of same has been published in the Buffalo News for two Mrs. LoTempio now moved approval of the above item. consecutive weeks, a copy of which is attached hereto. Seconded by Mr. Helfer Seconded by Mr. Coppola PASSED CARRIED. AYES-13, NOES-0 Appearances - In Favor: J. Sandoro, L. Billittier NO.303 Opposed-None BONDRES.-$250,000-JUBILEE-RIVERSIDECOMM.Mrs. LoTempio moved that the hearing be closed. Seconded CTR. by Mr. Coppola (RES.262,C.C.P.,JULY21,1998) CARRIED Mrs. LoTempio moved that the above item be taken from the Mrs. LoTempio now moved that, after the required public table. hearing held by this Common Council, a trail blazer sign, be Seconded by Mrs. Gray and hereby is approved, to officially designate Chicago Street CARRIED from Swan to Exchange Street "Louis Billittier Boulevard." Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Helfer Seconded by Mr. Helfer PASSED AYES-13, NOES-0 NO.308 ANNOUNCEMENTOFCOMMITTEEMEETINGS The following meetings are scheduled, All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service - Tuesday, Sept 15, 1998 at 9:30 o'clock A.M. Finance-Tuesday, Sept. 15, 1998 following Civil Service Legislation - Tuesday, Sept., 15, 1998 at 2:00 o'clook P.M. Community Dev.- Wednesday, Sept. 16, 1998 at 10:00 A.M. Education- Wednesday Sept.16, 1998, 2:00 P.M., Rm 1417. Ancillary Meetings Special Committee meeting of Police Reorganization on Thursday, September 17, 1998. at 2:00 o'clock P.M. in Room 1417. Gretchen A. Pound Council Reporter NO.309 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Council adjourned at 5:14 PM CHARLES L. MICHAUX, III CITY CLERK BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS #7Mayor's Office - 201 City Hall July 30,1998 Present: Anthony M. Masiello, Mayor; Joel A. Giambra, Comptroller-2 Absent: James W. Pltts, Council President-1 The Journal of the last meeting was approved. NO.1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of July 1998 amounting to $25,078.43, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO.2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of July 1998 amounting to $26,882.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO.3 Mr. Masiello made a motion to direct the City Clerk to disburse said payroll for the month of August 1998 for the Police and Fire Pensioners. Adopted. Ayes-2. Noes-0. NO.4 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.