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HomeMy WebLinkAbout94-1227 94-1227.txt 1No. 24 Common Council Proceedings of the City of Buffalo Regular Meeting, December 27, 1994 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER James W. Pitts COUNCILMEMBERS-AT-LARGE Clifford Bell Eugene M. Fahey Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware James W. Pitts - Ellicott David A. Franczyk Fillmore David J. Czajka Lovejoy David A. Collins Masten Carl A. PerIa Jr. Niagara Dale Zuchlewski North Bonnie K.Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rosemarie LoTempio, Chairman, Alfred T. Coppola, Eugene M. Fahey, Kevin J. Helfer, James W. Pitts, Members CLAIMS COMMITTEE: David A. Franczyk, Chairman, David J. Czajka, Kevin J. Helfer, Page 1 94-1227.txt Bonnie K. Lockwood, Dale Zuchlewski, Members ECONOMIC DEVELOPMENT COMMITTEE: Carl A. Perla, Jr. Chairman, Clifford Bell, David Collins, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. FINANCE COMMITTEE: David A. Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevn J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Kevn J. Helfer, James W. Pitts, Members URBAN RENEWAL: Clifford Bell, Chairman, Alfred T. Coppola, David J. Czajka, David A. Franczyk, Kevin J. Helfer, Members SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV: James W. Pills, Chairman, George K. Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski. SPECIAL COMMITTEE ON EDUCATION: Dale Zuchewski, Chariman, David J. Czajka, Kevn J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr. ERIE BASIN MARNA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Clifford Bell, Eugene M. Fahey, Kevin J. Helfer, Bonne K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. PARKS CONSERVACY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee. POLICE REORGANIZATION TASK FORCE: Eugene M. Fahey, Chairman; George K. Arthur, Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio. Michael Trimboli, Edward C. Hempling, Kenneth R. Kirby, George J. Panepinto, Martha Dippel. James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. GREENWAY TASK FORCE: Brian Higgins, Chairman, James August, Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy.Davd P. Comerford, Tammy Barnes, Terry Wherry CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, December 27, 1994 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood, LoTempio, Pitts, and Zuchlewski- 12. ABSENT- Councilmember Perla- 1. On a motion by Mr. Pitts, seconded by Mr. Fahey, the minutes of the stated meeting held on December 13, 1994 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 1 M. Towns - Request To Add An Addition To A Home At 31 Hedley Road Item No. 64, C.C.P., December 13, 1994 The City Planning Board at its regular meeting held Tuesday, December Page 2 94-1227.txt 20, 1994, considered the above request pursuant to Section 511-68.1 of the Buffalo Code, Hamlin Park Overlay Review District. The applicant seeks to add an addition for a kitchen to a one-family home. The addition will measure 12 feet by 7.5 feet, or 90 square feet, and will be located at the rear of the property. The site is located in an R2 zone which permits such expansions and under SEQR it is considered a Type II action which does not require environmental review. The Planning Board voted to approve the proposed expansion. RECEIVED AND FILED. No. 2 2412-2424 Delaware Avenue Inc. - Request to Erect An Illuminated Pole Sign at 2412-2426 Delaware Ave. Item No. 65, C.C.P., December 13, 1994 The City Planning Board at its regular meeting held Tuesday, December 20, 1994, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an accessory, illuminated, 18-foot high pole sign with a sign face area of 64 square feet (8 feet by 8 feet). The site is located in a C2 zone which permits such signage. Under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the requested sign with the condition that the base of the sign is given a vegetative treatment consistent with landscape architectural standards. RECEIVED AND FILED. No. 3 Rite Aid of New York Inc. - Request to Place An Additional Illuminated Reader Board On Existing Pole Sign at 1336 Hertel Item No. 67, C.C.P., December 13, 1994 The City Planning Board at its regular meeting held Tuesday, December 20, 1994, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an accessory, illuminated, reader board on an existing 18-foot high pole sign with a sign face area of 49 square feet (7 feet by 7 feet). The site is located in a C2 zone which permits such signage. Under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the requested sign with the condition that the base of the sign is given a vegetative treatment consistent with landscape architectural standards. RECEIVED AND FILED. No. 4 J. Vizzi - Request To Place Additional Illuminated Reader Board On Existing Pole Sign at 710 Kenmore Avenue Item No. 68, C.C.P., December 13, 1994 The City Planning Board at its regular meeting held Tuesday, December 20, 1994, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an accessory, illuminated, reader board on an existing 18-foot high pole sign with a sign face area of 49 square feet (7 feet by 7 feet). The site is located in a C2 zone which permits such signage. Under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the requested sign with the condition that the base of the sign is given a vegetative treatment consistent with landscape architectural standards. RECEIVED AND FILED. No. 5 Page 3 94-1227.txt 2468 Group Inc. - Request To Erect Additional Reader Board To Existing Sign at 284 Connecticut Item No. 66, C.C.P., December 13, 1994 The City Planning Board at its regular meeting held Tuesday, December 20, 1994, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to add a 7 foot by 3 foot (21 square foot) reader board to an existing pole sign. The existing signage of the site includes two wall signs of 64 square feet each and a pole sign measuring 49 square feet (7 feet by 7 feet) and 18 feet in overall height. The total existing signage area is 177 square feet. With the reader board, the total signage area will be 198 square feet. The site is located in a C1 zone which does not permit pole signs and limits all other wall signs to 35 square feet total. It should be noted that in 1988 the Zoning Board of Appeals approved the existing pole sign and wall signs. Therefore, the applicant should reapply to the Zoning Board of Appeals to secure permission for the current request. This notwithstanding, the City Planning Board voted to deny the proposed reader board addition since the current signage exceeds the limits of the C1 zone. The Board suggests, however, that the Zoning Board of Appeals and your Honorable Body consider the applicant removing the applicant's wall signs facing West Avenue in return for the addition of the reader board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 6 J. Scortino - Request To Erect Restaurant In Right-of-Way - Fargo Street at 1085 Niagara (Item No. 69, C.C.P., December 13, 1994 The City Planning Board at its regular meeting held Tuesday, December 20, 1994, considered the above request pursuant to Section 317.1 of the City Charter, Review of Right-of-Way Encroachments. The applicant seeks to erect a one-story masonry addition to an existing sit-in restaurant, a portion of which will be built in the right-of-way of Fargo Avenue at its intersection with 1085 Niagara Street. The Planning Board, after considerable discussion, voted to deny the request on the grounds that the use of the public right-of-way for a permanent restaurant addition would set a precedent for similar requests. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE PRESERVATION BOARD No. 7 Denial- Proposed Landmark Designation 15 Eastwood Place (former St. Vincent de Paul Rectory) At its regular meeting December 8, 1994, the Buffalo Preservation Board, having conducted a public hearing on November 10, 1994, as required by the Preservation Standards of the Buffalo Code, recommended denial of the designation of 15 Eastwood Place (former St. Vincent de Paul rectory) as a local historic landmark. This recommendation is the result of findings contained in a report prepared by the Board's Landmark Designation Committee. A copy of the Committee's report and the Landmark Application/Photos are enclosed for your information (refer to Attachments 1 & 2). The Buffalo Preservation Board determined that this structure does not meet the criteria specified in the Code for landmark designation. Pursuant to Article III, Sections 337-9 through 12 of the Preservation Standards, the Committee on Legislation shall hold a public hearing on this item and report back to the Common Council with a recommendation on its findings. For your information, the owner(s) of the property oppose the proposed landmark designation (refer to Attachment 3). The owner's representative is: Rev. Vincent M. Cooke, S.J. President, Canisius College 2001 Main Street Buffalo, New York 14208 Page 4 94-1227.txt For the record, the vote by the Buffalo Preservation Board on this item was as follows: Ayes: Brady, Conlin, Deck, Drescher, Leary, Montague, Rand, Stieglitz Nayes: McCartney Abstain: Howard, Masters Absent: None Motion to deny carried. The application was prepared by the Preservation Coalition of Erie County in conjunction with the Hamlin Park Community and Taxpayers Association, and submitted by: Laura Beausire Preservation Coalition of Erie County P.O. Box 768 Buffalo, New York 14213 If you have any questions, please contact Thomas W. Marchese, Board Secretary at 851-5029. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO ARTS COMMISSION No. 8 Native American Plaque Your Honorable Body is hereby requested to permit the installation of a plaque named "Keepers of the Western Door" designed by Carson Waterman and executed by Ken Payne under the sponsorship of Neto Hatinakweh Onkwehowe, Inc. on the surface of a free standing rock at the terminus of the marina. The plaque is a gift to the City of Buffalo and will be installed at no cost to the city. Mr. Pitts moved: That the communication from the Buffalo Arts Commission dated December 22, 1994 be received and filed; and That the Commissioner of Community Development be and he hereby is authorized to grant permission to install a plaque named "Keepers of the Western Door" designed by Carson Waterman and executed by Ken Payne under the sponsorship of Neo Hatinakweh Onkwehowe, Inc. on the surface of a free standing rock at the terminus of the marina. The plaque is a gift to the City of Buffalo and will be installed at no cost to the City. PASSED. AYES- 12 NOES- 0. FROM THE COMPTROLLER No. 9 Certificate of Determination $34,506,000 Bond Sale Certificate of Determination by the Comptroller determining the terms, form and details of issuance of (1) $9,656,000 General Improvement Serial Bonds 1994-D, (2) $14,850,000 School Serial Bonds 1994-E and (3) $10,000,000 General Improvement Serial Bonds 1994-F (Federally Taxable) of the City of Buffalo, New York, aggregating $34,506,000 and providing for the private sale thereof. The Bonds are hereby sold at private sale to First Albany Corporation, Albany, New York, 'as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated December 15, 1994 between said Managing Underwriter and the City. The Bonds of the 1994-D and 1994-E issues will be dated December 1, 1994 and will bear interest at the rate(s) per annum specified by the underwriters therefor in accordance herewith, payable on December 1, 1995 and semi-annually thereafter on the first day of December and June in each year until maturity. The Bonds for issue 1994-F will be dated December 1, 1994 and will bear interest at the rate(s) per annum specified by the underwriters therefor in accordance herewith, payable on February 1, 1996 and semi-annually thereafter on the first day of February and August in each year until maturity. Page 5 94-1227.txt The Bonds will be delivered and shall be paid for on or about December 21, 1994 in New York, New York. An Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. RECEIVED AND FILED. No. 10 Comptroller's Appointment Citizens Funding Review Committee Please be advised that I am making the following appointment to the Citizens Funding Review Committee. Joseph A. Montana, Jr. 104 Niagara Falls Boulevard Buffalo, New York 14214 Term Expires: 6/30/96 Received AND FILED. No. 11 Convey 16 Concord to Former Owner The City of Buffalo acquired 16 Concord, a vacant lot 30' x 100', through in-rem tax foreclosure in 1992. The vacant lot was under bank mortgage along with the improved property at 18 Concord. The bank loan was guaranteed by H.U.D. When the property was assigned to the Secretary of Housing and Urban Development, the property at 16 Concord was inadvertently left out of the assignment of mortgage, due to separate tax bill number and S.B.L. number. Further, the bank holding the mortgage on the property did not receive notice of the pending in-rem tax foreclosure from the City of Buffalo in 1992. H.U.D. did not realize that the City had taken title to the property until the property was being sold to the new owner of 18 Concord, Mr. Timothy Wolkiewicz. They are requesting that the City reconvey title to the new owner upon payment of the taxes that were due along with accrued taxes, penalties and interest to date which amounts to $404.99. I am recommending that Your Honorable Body approve the transfer of title to 16 Concord to Mr. Timothy Wolkiewicz in the amount of $404.99. This will obviate any challenge the mortgagee may have against the City for failing to notify them about the tax foreclosure. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer and that the Mayor be authorized to execute same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 12 Permission to Negotiate 196 Locust, W 200' N Carlton Vacant Lot Size: 25' x 100' Assessed Valuation: $1,100 The Office of the Comptroller, Division of Real Estate, has received a request from Betty Wilson of 198 Locust Street, Buffalo, New York to purchase the above captioned City-owned property. Ms. Wilson is requesting to purchase 196 Locust Street in order to enhance and beautify her yard. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this Sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Ms. Betty Wilson of 198 Locust Street, Buffalo, New York for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, December 15, 1994 be received and filed; and Page 6 94-1227.txt That the Comptroller be, and he hereby is authorized to negotiate with Ms. Betty Wilson of 198 Locust Street, Buffalo, New York, for the private sale of 196 Locust and report to the Common Council the results of such negotiations. ADOPTED. No. 13 Permission to Negotiate 1 Liberty, 144.60' N Kensington Vacant Lot: 332' x 122.38', 86.76 NL, Irreg. Rear Assessed Valuation: $25,900 The Office of the Comptroller, Division of Real Estate, has received a request from Thomas Mutka, owner and operator of Tom's Car and Truck Repair, of 800 Kensington Avenue, Buffalo, New York, to purchase the above captioned City-owned property. Mr. Mutka is requesting to purchase 1 Liberty in order to expand his building to increase his storage space and fence to alleviate dumping. The subject property adjoins his property at the rear property line. The Department of Inspections and Community Revitalization was contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Mr. Thomas Mutka of 800 Kensington Avenue, Buffalo, New York for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, December 21, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Thomas Mutka of 800 Kensington Avenue, Buffalo, New York, for the private sale of 1 Liberty and report to the Common Council the results of such negotiations. ADOPTED. No. 14 Permission to Negotiate 91 Ganson, NE 562' NW Ohio Vacant Lot Size: 609.6' x Irreg. Assessed Valuation: $10,890 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Eric J. Bauer, Executive Vice President of George W. Burnett, Inc., 145 Ganson Street, Buffalo, New York, to purchase the above captioned City-owned property. Mr. Bauer is requesting to purchase 91 Ganson Street for off-street parking purposes. He has recently acquired 189 Ganson Street, which adjoins 91 Ganson Street. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. The Dept. of Public Works was contacted and they have indicated that since the parcel falls within the "Waterfront Review District" it would be subject to the requirement that an access right-of-way along the river bank be provided to the public. This sale should also be subject to any utility and/or other necessary easements. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Mr. Bauer of 145 Ganson Street, Buffalo, New York for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, December 21, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Eric Bauer of 145 Ganson Street, Buffalo, New York, for the private sale of 91 Ganson Street and report to the Common Council the results of such negotiations. ADOPTED. No. 15 Permission to Negotiate Page 7 94-1227.txt 25 Madison, E 100.10' S Clinton Vacant Lot Size: 26' x 54', 26.97 Rear Assessed Valuation: $1,000 The Office of the Comptroller, Division of Real Estate, has received a request from Gladys Britton of 591 Clinton Street, Buffalo, New York to purchase the above captioned City-owned property. Ms. Britton is requesting to purchase 25 Madison in order to put in a driveway and for off-street parking purposes. The subject property adjoins her property at the rear of her west property line. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Ms. Gladys Britton of 591 Clinton Street, Buffalo, New York for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, December 14, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Gladys Britton of 591 Clinton Street, Buffalo, New York, for the private sale of 25 Madison Street and report to the Common Council the results of such negotiations. ADOPTED. No. 16 Result of Negotiations 421 Pratt Street, 300' S of Genesee Vacant Lot: 25' x 132' Assessed Valuation: $1,500 Item #15, C.C.P. 2/8/94 In the above referenced item, Your Honorable Body authorized the office of the Comptroller, Division of Real Estate, to negotiate a private sale with Ms. Linda M. Oden of 425 Pratt Street, Buffalo, New York, 14204, to purchase the above captioned property for extra yard space. An independent appraisal of the property was conducted by Mr. Phelix Harris, Appraiser, Homeville Realty, 31 Meech Avenue, Buffalo, New York 14208. He has estimated the fair market value of the property to be one Thousand Dollars ($1,000.) which represents approximately $.30 a square foot. The Division of Real Estate concurs with the real estate appraisers estimated value. The results of our negotiations are that Ms. Linda M. Oden has agreed and prepared to pay One Thousand Dollars ($1,000.) for the subject property. She has also agreed to pay for the appraisal, transfer tax, recording fees and cost of legal description. I am recommending that Your Honorable Body approve the sale of 421 Pratt Street Ms. Linda M. Oden in the amount of $1,000. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Result of Negotiations 58 Wood, 706.03' S Walden Vacant Lot: 30' x 105' Assessed Valuation: $3,900 Item No. 255, C.C.P. 7/26/94 In the above referenced Item Your Honorable Body authorized the office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. & Mrs. Timothy Acker to acquire the above captioned property. They intend to use the property for yard expansion. An independent appraisal of the property was conducted by Dennis Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York Page 8 94-1227.txt 14209. He has estimated the fair market value of the property to be Nine Hundred Dollars ($900.00). This represents approximately Thirty Cents (.30) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area, sale prices range from Twenty-Six Cents (.26) a square foot to Forty-Three Cents (.43) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. & Mrs. Timothy Acker have agreed and are prepared to pay Nine Hundred Dollars ($900) for the subject property. They further agree to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 58 Wood Street to Mr. & Mrs. Timothy Acker in the amount of Nine Hundred Dollars ($900.00). I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated December 15, 1994, be received and filed; and That the offer of Mrs. & Mrs. Timothy Acker, in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described as 58 Wood, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 18 Result of Negotiations 139 Doat Street, Corner of Goemble Vacant Lot: 30' x 102' Assessed Valuation: Land: $2,300. Total: 27,700. The Office of the Comptroller, Division of Real Estate, has received a request from Mr. James L. Pope residing at 22 Phyllis Avenue, Buffalo, New York, 14215, to purchase the property at 139 Doat Street. The subject property consists of a two and one-half story frame structure and garage on a lot 30' x 102'. The property was acquired by the City of Buffalo through In Rem Tax Foreclosure in 1993. The property is in fair condition and will require a minimal amount of repairs to bring within code compliance. Mr. Pope has provided us with an estimate for the repairs, proof of financial ability to acquire the property and complete the repairs within six months of purchase. An independent appraisal of the property was conducted by Mr. Thomas Tighe, Bronstein Appraisal Service, 3666 Main Street, Buffalo, New York 14228. He has estimated the fair market value of the property to be Seven Thousand Five Hundred Dollars ($7,500.) The Division of Real Estate has investigated the sales of similar properties in its area, sale prices from the range of $4,300. to $7,800. It should be noted that vandals struck the building after the appraisal was completed, broke windows and added graffiti to the front and the sides of the building. The results of our negotiations are that Mr. Pope has agreed and prepared to pay Six Thousand Dollars ($6,000.) for the subject property. He has also agreed to pay for the appraisal, transfer tax, recording fees and cost of legal description. Mr. Pope further agrees to bring the property into code compliance within six months from transfer of title. I am recommending that Your Honorable Body approve the sale of 139 Doat Page 9 94-1227.txt Street to Mr. James Pope in the amount of $6,000. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated December 8, 1994, be received and filed; and That the offer of James L. Pope of 22 Phyllis Avenue, Buffalo, New York, in the sum of $6,000.00 (Six Thousand Dollars) to purchase the property described as 139 Doat Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 19 Report of Auction 1394 Jefferson Lot Size: 150' X 100' Assessed Valuation: Land: $ 11,300 Total: $ 57,800 The above property was offered for sale at public auction on October 24, 1994 after public notice and due advertisement. Terms and conditions of the auction were established in accordance with the procedures Governing the Sale of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The subject property consists of a vacant one story brick structure, former fast food restaurant, in fair condition. The property was acquired by the City of Buffalo through in-rem foreclosure in October of 1993. The highest bid received was in the amount of Five Thousand Dollars ($5,000), from Mr. Rene Buster of 165 Peach Street, Buffalo, New York. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. Rene Buster has signed an agreement to complete the improvements and bring the building into code compliance within a reasonable time after closing on the sale and transfer of title. A tax and title search or survey will not be provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. I am recommending that Your Honorable Body approve Mr. Buster's bid, in the amount of Five Thousand Dollars ($5,000.00), authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated December 9, 1994, be received and filed; and That at public auction on October 24, 1994 the offer of Mr. Rene Buster, 165 Peach Street, in the sum of $5,000.00 (Five Thousand Dollars) to purchase the property described as 1394 Jefferson, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall Page 10 94-1227.txt be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 20 Lease 103 Wohlers to Community Action Information Center This Office has received a request from Rosa Gibson, President, Community Action Information Center (CAIC), to lease the home located at 103 Wohlers. The CAIC had been leasing space at 485 Beat Street, a State run facility which was closed this past year. They have been temporarily located into facilities in Martin Luther King Park and have been seeking a permanent location to administer their Human Service Program. The property at 103 Wohlers is a one and one half story single family home located near Northampton. The property was acquired by the City in October of 1993 through tax foreclosure. CAIC is requesting to lease the property for two years with an option to buy. They have agreed to a lease payment of Two Hundred Dollars annually. They will be responsible for all utility payments and provide liability insurance holding the City of Buffalo harmless from any and all liability and provide at their own expense a policy of general liability insurance. The limits of insurance to be determined by the Corporation Counsel. I am recommending that Your Honorable Body approve the request of the Community Actio Information Center to lease the property at 103 Wohlers. I am further recommending that the Corporation Counsel prepare a lease agreement and that the Mayor be authorized to execute same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 21 Proposal for Centralization of Payments As discussed with members of Common Council's Finance Committee on 12-20-94, I am submitting my proposal for centralizing the payment of all cash receipts (including checks) for City services through the City Treasurer's Office. This proposal is the result of extensive research by my staff. I have included a copy of my letter of 11-28-94 to Mayor Masiello which briefly outlines the three-phase proposal and two (2) documents which fully detail the present system of payment for City services as well as the proposed centralization plan for the payment of City services. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 22 Review of Audit Department of Parks Golf Course Revenue Item No. 10, CCP 11/29/94 Item No. 25, CCP 12/13/94 The Department of Audit and Control performs audits and reviews of revenue collection procedures to assist the proper collection of City revenues. After reading the Department of Parks response to our recent review of Golf revenues, I would like to clarify the following items: 1.The Department of Parks agrees that commingling employee funds with City funds is not proper. The Parks Department administrative staff (Accountant, Budget Examiner) should develop a system which corrects this situation. This office is willing to review the system that is developed to end the practice of commingling funds. 2.Money is not deposited in a timely manner on a regular basis. The specific incident mentioned was the clearest example of this weakness. 3.Parks department is in agreement. 4.Interviews conducted with Parks employees did not provide any indication that their work was reviewed at the supervisory level. 5.Although the net dollar amount of the discrepancies noted is small, the importance of this finding is that on 15% of the days examined the amount of money deposited is different than the amount recorded at the golf course. This error rate highlights the weakness of the current system of recording revenues. Page 11 94-1227.txt 6.An examination of the tapes for July 7, 1994, revealed a handwritten tape for $1,143.00. The cashier received a check for a tournament and did not process the payment by ringing up each individual golfer. The copies of tapes submitted with the Parks' response are serially numbered 319 and 321. A copy of tape number 320 was not submitted. 7.At the time of our review of golf revenue records some daily records were written in pencil. 8.Segregation of duties is a key element in any internal control system. During our review of golf revenues, it was observed that two employees are present while funds are counted, only one employee is responsible for depositing and recording revenues. The implementation of the electronic cash register system coupled with improvements to internal controls by the Parks Department will lead to the proper collection and recording of City revenues. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 23 Monthly Overtime Usage Report I am providing the Common Council with the updated monthly Overtime Usage Report which reflects overtime expenditures for all City departments as of 11-3-94. This report also projects departmental overtime expenditures for the entire fiscal year based on current usage. REFERRED TO THE COMMITTEE ON FINANCE. No. 24 Report of Investigation - Inventory Control System Department of Public Works Division of Buildings City Hall Basement Janitorial Supply Stockroom Our examination of current procurement/inventory/disbursement system (i.e., overall inventory control system) has revealed deficiencies in both staffing and stocking. This report will describe observations regarding both personnel and inventory, and recommend solutions to these deficiencies. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 25 Response to Safety of City Buildings Item #213, C.C.P. 10/4/94 The above referenced item was referred to the Comptroller's Office, Division of Real Estate for a response. The item is a resolution by Councilmember Helfer, requesting; that the Division of Real Estate and other Departments create an inventory of all their respective properties and submit to the Division of Housing and Property Inspections; and that the Division of Inspections and Community Revitalization (I.C.R.) determine whether these properties are safe or in need of repair; and that departments report to the Common Council a time frame in which to complete list and complete repairs. I - Inventory List - Division of Real Estate The Division of Real Estate is charged with the inventory and disposition of all City-owned buildings that have been abandoned for public purposes and properties acquired through tax foreclosure. The Division of Real Estate publishes a catalog of improved and unimproved properties. These lists are provided to various City departments and the public at no cost. Currently there are ten City-owned buildings for sale and approximately 198 in-rem properties consisting of single, double and commercial type structures. There are over 2,700 vacant parcels of land in inventory. The inventory of in-rem structures fluctuates during the year due to sale and demolition of these properties. Also, approximately 20 to 30 structures are added annually to the inventory from the City and County tax auctions. II - Inspections and Repairs of Properties As properties are received by the Division of Real Estate, an initial inspection is made by the real estate staff, to determine condition and safety Page 12 94-1227.txt of the building. Those properties that are determined to be unsafe or in need of demolition are promptly boarded up and secured. Any tenants that are occupying these structure are notified to vacate immediately and are assisted in relocating. Repairs are made only to those properties where minor repairs are required to make properties habitable and safe for tenants living in them. Those repairs are completed by our maintenance staff and private contractors. The materials and repairs are paid for from monies budgeted annually. Funds are not budgeted to correct minor code violations. III - Repairs to City Properties While the Division of Real Estate is charged with the responsibility of raising revenues through the sale and rental of City properties, it has been hampered by lack of staff and funding. With four management and three maintenance personnel, only minimum management and maintenance can be accomplished, resulting in loss of rental and sale income. For the past two years, this office has advised the Administration and Common Council of the problems associated with the management, maintenance and disposition of City-owned properties. The problems have been increasing due the high number of properties being acquired through tax foreclosure. There are currently over 200 improved properties and 2,700 vacant lots. The number of improved properties has doubled in the last two years. The condition of these properties varies. Many of these properties have outlined their usefulness and must be demolished while others require repair and rehabilitation in order to attract renters, buyers or investors. This past year I have met with Commissioners Marconi and Bicz, Majority Leader Pitts, the Director of Administration and Finance and representative of Buffalo Neighborhood Revitalization to discuss and try and resolve the above mentioned problems. Together we have developed a program and entered into an agreement with B.N.R.C. to rehabilitate, repair and market some of the City's inventory of in-rem properties. With the assistance of the Department of I.C.R., we have already started identifying and inspecting properties for the program. When the costs and funding sources have been determined, these properties will be sold to Buffalo Neighborhood Revitalization (B.N.R.C.) for rehabilitation and marketing. The Department of I.C.R. is also establishing a list of properties and cost estimates to demolish those properties that have outlived their useful life. When the estimates are complete, I will be recommending to the Administration and Common Council that bonds be sold for the demolition of these structures. Although this program is not a total cure to eliminate all blighted properties from the City inventory, it provides us with another tool and opportunity to salvage and return tax foreclosed properties to the tax rolls. We will be eliminating the maintenance and demolition costs of these properties in addition to providing low cost secondary housing. This office, through the Division of Real Estate, will continue to work with the Department of I.C.R. and B.N.R.C. to develop and expand this City wide rehabilitation program for City-owned properties. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ASSESSMENT No. 26 Liquor License Application Item No. 94, C.C.P. 11/15/94 The above item was referred to this department for a report. Please be advised the request to report the status of 44 Allen Street was also included in C.C.P. 11/01/94, item No. 75. 44 Allen Street assessed to Jack Heisler, 191 Old Farm Circle West, Amherst NY 14221. Our records show the following City tax and sewer rent unpaid as of 12/1/94: 1992-93 City Tax$1,354.29 1993-94 City Tax$5,080.43 1994-95 First half City Tax$2,105.52 Page 13 94-1227.txt 1994-95 Sewer Rent$ 164.11 (Interest computed as of 12/31/94) The second half City tax ($1,905.45) is due 01/03/95. The occupancy tax in the amount of $31.50 is unpaid. We do not show a local assessment or any other ownership for the applicant Hickey's Grille in the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Liquor License Applications Item No. 62, C.C.P. 11/29/94 The above item was referred to this department for a report. We reviewed our records to determine if the individuals and/or corporations applying for a liquor license owe real property tax, sewer rent, local assessment and occupancy tax. Please be advised of the following: 1)1194 Lovejoy assessed to Jessie L. & Rosemarie Fracasso, 1156 Lovejoy, Buffalo NY 14206. Our records show that the July 1994-95 first-half tax and sewer rent are paid. The 1994-95 second-half tax ($993.37) is due 01-03-95. The occupancy tax is paid. We do not show a local assessment or ownership of property in the City of Buffalo under the applicant's name of Michael A. Palmieri. 2)257 East assessed to Max D. Rogers, 12 Harp Place, Buffalo NY 14207. Our records show the following City tax and sewer rent unpaid on the following parcels assessed to Max Rogers as of 12/1/94: 257 East 1994-95 first-half City tax$1,265.31 1994-95 Sewer Rent 98.63 (Interest computed an of 12/31/94) The 1994-95 second-half City tax ($1,145.08) is due 1/3/95. 12 Harp 1994-95 first-half City Tax$282.28 1994-95 Sewer Rent 48.23 (Interest computed as of 12/31/94) The 1994-95 second-half tax ($255.46) is due 1/3/95. The occupancy tax in paid on both parcels. We do not show a local assessment or ownership in the City of Buffalo under the business name of Ziggy's Hide-A-Way Ltd. or the applicants name of Dennis William Bull. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 28 Monthly Report of Licenses Issued - November 1994 I am respectfully submitting the enclosed report of licenses issued in the month of November 1994 by the Division of Licenses. RECEIVED AND FILED. No. 29 Extension of City Contract No. 91749200 Cleaning and Lining Watermains on Porter Avenue and Jersey Street In accordance with the terms of the contract between the City of Buffalo and Firstrhyme Construction Corp., City Contract No. 91742900, Cleaning and Lining 60" Watermains on Porter Avenue and Jersey Street, Contract No. 22, the work called for in this contract was scheduled to be completed by October 3, 1994. Per CCP 21 of October 18, 1994 an extension of contract was granted to November 18, 1994. The contractor has requested a second extension of time in this contract due to circumstances beyond the contractor's control, including delays in isolation of certain sections of the North Porter Avenue water transmission main due to inoperable and/or leaking existing valves and the need to perform additional pavement replacement beyond that contemplated in the original project scope. Accordingly, I have granted a second extension of time in the contract Page 14 94-1227.txt with Firstrhyme Construction Corp. The new completion date for this contract is December 16, 1994. RECEIVED AND FILED. No. 30 Cancellation of a Collection Agency Bond It is hereby certified that the following bond is hereby canceled as of December 17, 1994 because Century Credit Services, Inc. are no longer in business in the City of Buffalo. Bond Principal:Century Credit Services, Inc. By:Fidelity and Deposit Company of Maryland Amount:$5,000 Bond#9923305 Said bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the Charter as amended. RECEIVED AND FILED. No. 31 Termination Of Work For Winter Striping of City Streets - 1994 This is to notify Your Honorable Body that, as requested by Accent Stripe, Inc., all construction work on City Contract "Striping of City Streets - 1994" has been suspended for the winter months. The effective "shut-down" date has been recorded as November 1, 1994. RECEIVED AND FILED. No. 32 Status Of Cafeteria R.F.P.'s In response to the aforementioned Common Council Resolution please find contained within this communication a copy of our request for proposals which were due on 10/17/94, and which was published in the Buffalo News on September 1, 2, 3, 1994. In addition to this advertising we contacted eleven (11) potential vendors who had expressed interest in operating the City Hall Cafeteria when we solicited proposals on July 12, 13, 14, 1994 in the Buffalo News. The five companies that responded to the RFP's pursuant to our 10/17/94 proposal are: 1.Marriott Corporation P.O. Box 352 Buffalo, NY 14240 2.A-1 Vending 3345 North Benzing Road Orchard Park, NY 14127 3.All Seasons Services (proposal later withdrawn) 255 Cooper Avenue Tonawanda, NY 14150 4.Brenda P. Kij 249 Niagara Falls Blvd. Amherst, NY 14226 5.Lucian J. Miller 2568 Route 39 Collins, NY 14034 Lastly, please be advised that for the second time we were not comfortable with the proposals that were submitted. We have extended the current contract with the Marriott Corporation up to June 30, 1995. After soliciting proposals for a third time, we hope to make a recommendation to Your Honorable Body in the very near future. Finally, copies of the five (5) submitted proposals are available in the Council Staff Office for your perusal. No. 33 Permission to Engage Consulting Engineer Indoor Air Quality/Ventilation Study Page 15 94-1227.txt Division of Water It is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to engage the services of a Consulting Engineer for work relating to Indoor Air Quality/Ventilation Study. Such services shall include, but not be limited to, an indoor air quality/ventilation study to determine the best equipment option for properly ventilating the Service Center's garage area, eliminating vehicle fumes and improving the garage and office indoor air quality. Funds for this work are available in the Division of Water's 416-980-056-00-000 account. Mr. Pitts moved: That the communication from the Department of Public Works dated, December 13, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a Consulting Engineer to perform an indoor air quality/ventilation study to determine the best equipment option for properly ventilating the Service Center's garage area, eliminating vehicle fumes and improving the garage and office indoor air quality, with said cost to be charged to the Division of Water's 410-980-056-00-000 account. ADOPTED. No. 34 Permission to Engage Consultants Structural Steel Design Carnevale Community Center 118 East Utica Street I respectfully request Your Honorable Body's permission to engage a Structural Engineering Consultant to prepare plans and specifications, advertise and receive sealed proposals for the structural steel required to support a new air conditioning and heating unit on the roof of the Carnevale Center, 118 East Utica Street. Funds for the consulting work will be available in Account 200-402-085 or the Capital Project Fund. Mr. Pitts moved: That the communication from the Department of Public Works dated, December 13, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a Consulting Engineer to prepare reports, plans and specifications and to receive bids for the structural steel required to support a new air conditioning and heating unit in the roof of Carnevale Center, 118 East Utica Street, with said cost to be charged to the Capital Project Fund or Account 200-402-085. ADOPTED. No. 35 Permission to Engage Consultant Structural Design Niagara Branch Library I respectfully request Your Honorable Body's permission to engage a Structural Engineering consultant to prepare plans and specifications, advertise and receive sealed proposals for the structural steel review and design to handle the new condensing units on the existing roof as requested by the Buffalo and Erie County Public Library. Funds for the consulting work will be available in Capital Project Fund 200-402-036 for this work. Mr. Pitts moved: That the communication from the Department of Public Works dated, December 14, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a Consulting Engineer to prepare reports, plans and specifications an to receive bids for the structural steel review and design to handle the new condensing units on the existing roof at the Niagara Branch Library as requested by the Buffalo and Erie County Public Library, with said cost to be charged to the Capital Project Fund 200-402-036. Page 16 94-1227.txt ADOPTED. No. 36 Permission to Hire Consultant Firm - Rehabilitation Due to the changes in the U.S. EPA's safe water treatment rule, the City must maintain turbidity levels below 0.5 NTUs and meet specified preliminary distribution requirements. I, therefore, request your Honorable Body's permission to enter into a contract with the consultant engineer to design the necessary modifications to our filter media beds, to optimize coagulant dosage, to design a filter aid polymer system and to provide a backwash waste water evaluation study. After completion of this work and the installation of new flocculation basins, we should continually meet and exceed the required turbidity levels. Mr. Pitts moved: That the communication from the Department of Public Works dated, November 7, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a Consulting Engineer to design the necessary modifications to our filter media beds, to optimize coagulant dosage, to design a filter aid polymer system and to provide a backwash waste water evaluation study. ADOPTED. No. 37 Permission to Engage Consultants New Fire Station S. Elmwood & Virginia I respectfully request Your Honorable Body's permission to engage a Mechanical and Structural Engineering Consultant(s) to prepare plans and specifications, advertise and receive sealed proposals for the New Fire Station to be located at S. Elmwood Avenue and Virginia Street. Funds for the Consulting work will be available in Account 200-402-023 or the Capital Project Fund. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Hire Consultant- Final Report and Plans Squaw Island Landfill Closure I herein request the permission of Your Honorable Body to engage the Services of a consultant engineering firm to prepare the final reports required by the New York State Department of Environmental Conservation for the approval of the project for the Closure of the Squaw Island Landfill. The consultant will also prepare the Master Plan for the proposed park, the construction plans and specifications and receive bids for the Squaw Island Landfill Closure Project. Funds for the consulting engineer are available in the reserve for capital projects account and the construction funding for Phase I of the four (4) phase project was approved in the 1994-95 capital improvement budget and will be available when the bonds are sold. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Hire Consultants, Under Personal Services Contract - To Assist in Preparing Plans & Specification for Alterations And Addition to Engineering Garage - 1120 Seneca Street I herein request the permission of Your Honorable Body to enter into a personal service contract with up to three (3) former employees of the Department of Public Works, all of whom are licensed professional engineers, to assist our present staff in preparing plans and specifications for the alterations to and a vehicle storage addition at the Division of Engineering Garage at 1120 Seneca Street. The engineers will work under the direct supervision of the Division of Engineering. The purpose of this project is to provide space for the consolidation of Page 17 94-1227.txt the shops of the Transportation Function with other shops of the Division of Engineering. Presently the shops of the Transportation Function are housed in the so-called Delavan Avenue Armory. The funding for this project is available in capital project fund #200-401-507-00-000. REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF ETHICS AND THE CORPORATION COUNSEL. No. 40 Report of Bids Plaster Reconstruction Neighbors Exhibit Area Historical Society I asked for and received the following Informal Proposals which were publicly opened and read on October 11, 1994. Mader Construction$ 8,380 Melvin Ceiling & Wall Systems$40,430 I hereby certify that the foregoing is a true and correct statement of all bids received and that Mader Construction in the amount of $8,380.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-064 - Division of Buildings. Mr. Pitts moved: That the communication from the Department of Public Works, dated December 6, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for plaster reconstruction at the Neighbors Exhibit Area at the Historical Society to Mader Construction, the lowest responsible bidder in the amount of $8,380, with said cost to be charged against the B/F 200-402-064 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 41 Report of Bids Painting of Street Light Standards 1994-95 This is to advise your Honorable Body that I have advertised and received bids on December 14, 1994 for Painting of Street Light Standards. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: T & T Contracting $118,638.00 E & M Star Painting, Inc.119,186.00* R.W. Painting133,840.00 Marine Steel Painting Corp.138,811.50 Amherst Painting, Inc.168,436.50 Erie Interstate Contractors191,986.00 *Adjusted amount. I hereby certify that the lowest responsible bidder for the above project is T & T Contracting. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an amount of $118,638.00, plus approved unit prices not to exceed an additional amount of $6,362.00, for a total encumbrance of $125,000.00. The engineer's estimate for this work is $125,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by January 30, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Change in Contract Page 18 94-1227.txt New Roof Historical Society 25 Nottingham Court I herewith submit to Your Honorable Body the following change in contract for the New Roof at the Historical Society, All Weather Contractors, Inc. C-91792500: 1. Install new plywood over all areas to receive tile. Add$15,935.00 Upon start of construction it was found that the concrete deck would not accept nailable fastening for the new tile, therefore this work was necessary. The foregoing change results in a net increase in the contract of Fifteen Thousand Nine Hundred and thirty-five ($15,935.00). Summary Original Amount of Contract$346,172.00 Amount of this change (No. 1) Add 15,935.00 Revised Amount of Contract$362,107.00 This change could not be foreseen at the time contract was let. Cost have been reviewed by the Department of Public Works and found to be fair and equitable. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Change in Contract No. 91770300 Filtration Plant Improvements - Filter Instrumentation - Contract No. 5E Ferguson Electric Construction I hereby submit to your Honorable Body the following Change Order No. 1 with Ferguson Electric Construction for work relating to Filtration Plant Improvements - Filter Instrumentation Replacement, Contract No. 5E, City Contract No. 91770300: New Work Item No. 1: Replacement of existing power feed cords from the nearest existing 120 volt junction box in the Pipe Gallery to each of the 40 filter operating tables with 3/4" rigid conduit and three #12 AWG conductors including all accessories and connections required.Increase:$ 8,131.00 New Work Item No. 2: Replacement of the existing feed wire from the above mentioned 120 volt junction box in the Pipe Gallery to the existing power panels in Galleries No. 1 and No. 2 with three #12 AWG conductors in the existing conduit, including all accessories and connections required.Increase:$ 1,357.00 Costs have been reviewed by the Department of Public Works and the Consulting Engineer and found to be fair and equable. SUMMARY: Original amount of Contract$ 23,990.00 Amount of Change Order No. 1 Increase$ 9,488.00 Current Amount of Contract$ 33,478.00 Funds in the amount of $9,488.00 are available in the Division of Water's 416-Capital Project Fund, 982-016-00-000 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 44 Authorization For Repairs to City Vehicle # S-710-E John Deere Loader, 1971 Model JD-544 "B" Mecca-Krull Corporation I hereby submit to your Honorable Body the following request for authorization to repair City Vehicle #S-710-E to Mecca-Krull Corporation, an authorized John Deere Service Dealer. The John Deere Loader, which was purchased new in 1971, required repair service on December 12, 1994 in the course of loading operations at 1120 Seneca Street, Street Maintenance Yard, on that date. Page 19 94-1227.txt The service consists of parts and labor to rebuild the rear-axle assembly, check brake valving, disassemble front axle and install brakes. The lowest quotation, which totals $7,930.00 was submitted by Mecca-Krull Corporation, was reviewed by Al Hoffman, Motor Equipment Maintenance Superintendent, and was found to be fair and equitable for the work involved. The replacement cost of a comparable new loader is $100,000.00. It is therefore respectfully requested, and I recommend that your Honorable Body authorize the Mecca-Krull Corporation to continence repairs to the John Deer Loader at a cost of $7,930.00 Funds for these repairs are available in Division of Engineering Capital Account #200-401-507-00-000. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Offer To Purchase Snow Plow Blade Mr. Robert Fuchs, Superintendent of Signs and Pavement Markings in the Department of Public Works, Division of Engineering, has requested that he be permitted to purchase a Snow Plow Blade, which was originally purchased as an attachment to Engineering Vehicle E-528 (Dump Truck). E-528 has since been sold at an auction, and this blade does not fit any of our existing equipment. It is believed that if this blade were sold as scrap, it would fetch approximately $35.00. Mr. Fuchs would like to purchase this snow blade and adapt it to his own personal vehicle. Mr. Fuchs has offered $50.00 for this Snow Blade. I have no objection to Mr. Fuchs being allowed to purchase this piece of equipment for the amount of $50.00. Mr. Pitts moved: That the communication from the Department of Audit & Control dated December 7, 1994, be received and filed; and That the Commissioner of General Services be and he hereby is, authorized to sell the obsolete snow plow blade in the amount of $50.00 to Mr. Robert Fuchs, the Superintendent of Signs and Pavement Markings in the Department of Public Works. PASSED. AYES- 12 NOES- 0. No. 46 Water Quality Problem Item #119, C.C.P. 12/13/94 In response to Councilmember Bells resolution regarding water quality problems, I submit the following answers for your discussion. 1. What is the explanation for the health alert and the turbidity level? The week of November 21, 1994 recorded high winds for an unusually sustained period. Those winds stirred up the lake particularly near the water intake. This turbulence caused the sediments in the lake to become more apparent and these sediments entered our raw water intakes. Turbidity, which is the measure of solids in water, was much higher than normal. Raw water turbidity levels, which usually register about 1-NTU was, at some points, as high as 100 NTU. This in turn caused our finished water, (Water after the filtration process) to exceed the minimum turbidity requirements of 0.5 NTU. The regulations of the State Health Department require that if we record nine levels of turbidity above 0.5 NTU, we must notify them and take appropriate action. We recorded our ninth high reading on November 23, 1994. We contacted the Erie County Health Department at that time to seek advice. After consultation with the State Health Department, it was decided, by the State, to issue the public health alert. That alert suggested that anyone who was immunocompromised to seek the advice of their personal health provider. 2. Does the City anticipate installing filters to adequately filter out cryptosporidium? Cryptosporidium is a cyst that has been known to cause sickness in humans. The degree of sickness depends on the health of the individual. In normal conditions, our current filters will filter out this cyst. In time of high turbidities, it is much more difficult to filter out all compounds. Page 20 94-1227.txt Thus when turbidity levels are higher there is an increased likelihood that cryptosporidium may elude the filtration system and appear in finished water. We are planning to replace our filter media this coming summer. The existing media was last replaced in 1962, and we have been advised that the useful life of the media is about 25 years. The new filter media along with the installation of a flocculation basin, new polymer additives, and revised methods of backwashing will enable us to consistently meet the 0.5 NTU requirement. The design of the new system will be driven with the parameters to attain a 0.1 NTU, far below the requirement. 3. What is the Water Authority's five-year capital improvement program. Our five-year program is attached for your review. The third through fifth years are broad in nature, as we await the results of the hydraulic modeling that we will be doing this year, and revisions to the USEPA's Safe Water Drinking Act. 4. Why isn't the chlorination process adequate to kill cryptosporidium? As a cyst, crypto is immune to the effects of chlorine. Our consultants advise us that the accepted method to kill crypto is ozone. Ozone, in addition to being costly, causes the presence of other by-products that are also unacceptable. 5. What is the cause of the poor taste of city water and is it related to the inability to filter suspended solids? The City's water does have a taste and odor problem at various times during the summer. The probable cause of this is increased algae growth in the lake. As the lake becomes cleaner, sunlight penetrates deeper into the lake and increase the growth of algae. These problems are not associated with the amount of suspended solids. The acceptable method of treating increased algae is the addition of activated carbon. This process is also expensive and yields limited results because carbon in itself adds an unpleasant taste to the water. The Erie County Water Authority is currently conducting a test utilizing carbon. We will keep abreast of their findings. 6. Will anticipated filtration changes improve the taste of City Water? If not what changes are needed? See discussion in #5 7. Is there any backup system in place for water supply for Western New York Communities? At the present time there are no active interconnections between the City's system and the Erie County Water Authority, or any other system. In response to Erie County's recent temporary loss of pumping abilities due to electrical failures and our recent problems, we have had discussions with the County Authority to provide for interconnections. There will be a request submitted to the Council for permission to engage a consultant for this purpose. 8. How can an effective system be established for notifying the public with information when similar health emergencies occur? The Water Division has an emergency plan in existence. It is outdated however, and we are working on updating the plan and will submit that plan to the Council. The issuance of health emergencies is the responsibility of the Erie County and State Health Departments. We will continue to work with both of these agencies to develop accurate responses to any health alerts due to our water system. I hope that the information presented here answers the Councils questions and I am available to provide any additional information whenever needed. REFERRED TO THE COMMITTEE ON FINANCE. No. 47 T. Kimmich - Compromise Water Bill 1554 Seneca Street Item No. 73, C.C.P. 11/29/94 As the result of a communication received dated September 2, 1994 from Roy R. Cesar, representing the Estate of Roy Kimmich, Jr., the Division of Water investigated the account for 1554 Seneca Street. Our investigation revealed the bill dates back to 1977. No payments were received up to the time Page 21 94-1227.txt the property was turned off due to non-payment on March 14, 1988. The bills were being mailed to Roy P. Kimmich, Jr., 115 Tontyn Drive, Williamsville, New York 14221. The Division of Water did adjust the bill of $8,852.02 owing down to $4,482.19. This adjustment reflected the removal of all charges that had accrued since the turn-off when the service was plugged and dug-up. Mr. Cesar was notified of the Division of Water's action on October 20, 1994 along with receiving a copy of the current bill owing in the amount of $4,482.19. It was suggested that since the unpaid water bill is a lien to the property and water was supplied and used at the property for the period billed, 1977 to 1988, that the estate contact the Division of Water's Collection Office to make arrangements to pay this bill in full. It is our feeling that this bill has been adjusted as much as possible and the amount of $4,482.19 is due and owing. REFERRED TO THE COMMITTEE ON FINANCE. No. 48 Restaurant-Dancing Class IV 951 Elmwood Pursuant to Chapter 150 of the City of Buffalo ordinances, pleased be advised that I have examined the attached application for Restaurant/ Dancing Class IV located at 951 Elmwood and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class IV is being sought and according to the attached reports from the Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Michael Sherk. The report from the Police Department recommending approval is attached hereto for Rayzor's at 951 Elmwood. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 49 Crossroads Arena - Narrowing the Pavement On a Section of South Park Avenue In connection with the construction of the Crossroads Arena, the City of Buffalo has been asked to approve a narrowing of the pavement on South Park Avenue. The proposed narrowing would be the section of South Park Avenue from Main Street to Illinois Street. The existing 421 pavement would be narrowed to a 261 pavement by moving the existing north curb +/- 16' south. The Department of Public Works has examined this matter and has no objections to Your Honorable Body granting permission to the Crossroads Arena to narrow the section of South Park Avenue as described above. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. No. 50 Crossroads Arena, Encroachments Into City Right-of-way Carolyn Hoyt, of Crossroads Arena Corporation, has requested permission to install a masonry wall and deciduous trees within City right-of-way on the north side of South Park Avenue at the Crossroad Arena site. The proposed masonry wall would measure three (3) feet in height and approximately 650 feet in overall length. However, only approximately 260 feet of said wall would encroach City right-of-way. The trees would be installed using steel grates flush to the existing sidewalk and number approximately ten (10). The Department of Public Works has reviewed Crossroads Arena Corporation's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the encroachments be installed exactly as shown on plans submitted to Page 22 94-1227.txt and approved by the Department of Public Works, Division of Buildings. 3.That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachment. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. No. 51 571 South Park Avenue-Sign Within Right-of-Way Ms. Louis H. McClive, of ASI Signs, acting as agent for Mercy Health Center located at 571 South Park Avenue, has requested permission to install a sign which would encroach City right-of-way at said address. The proposed sign would be attached perpendicular to the building face and measure three (3) feet in height and four (4) feet in length. The Department of Public Works has reviewed Ms. McClivel's application pursuant to Chapter 413-67 (Encroachment Regulation B) of the City ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said signs. Mr. Pitts moved: That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Louis McClive, agent for Mercy Health Center located at 571 South Park Avenue, to install a sign which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the applicant supply the City of Buffalo with a Five Thousand Dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sign. PASSED. AYES- 12 NOES- 0. No. 52 Reformulated Gasoline Item No. 126, C.C.P. 12/13/94 In regards to the above item, kindly be advised that I contacted Mr. George Vacanti, our Motor Equipment Maintenance Supervisor and he advises that to date there has been no gasoline incidents with our vehicles. He does believe that it may cause future problems but it is too early to tell. In conclusion it may be advisable to have the Commissioner of General Services review all of the automotive fleets to determine impacts. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 53 Liquor License Applications Item No. 62, C.C.P. 11/29/94 In response to Item No. 62, C.C.P. 11/29/94, applications for Restaurant, Music and Coin Controlled Amusement Devices were mailed to Dennis William Hull, 257 East Avenue. Applications for the same have been received from Michael Palmieri of 1194 Lovejoy Street. REFERRED TO THE COMMITTEE ON FINANCE. Page 23 94-1227.txt No. 54 Dedication of Streets At Ellicott Mall Item No. 154, CCP, 11/29/94 After reviewing resolution No. 154 of the proceedings of the Common Council of November 29, 1994, I am herein reporting to Your Honorable Body the very serious objections that the Department of Public Works has with the dedication of Minnie Gillette Drive and Delmar Mitchell Drive as public streets. Along with the dedication of these drives as public streets, the City of Buffalo not only accepts the maintenance of the street pavements and curbs, the storm drainage and traffic control systems, but also legal liability for the design of these streets. When the original subdivision map for Phase I of the Ellicott Mall Project was approved by the City Engineer and the City Planning Board in October of 1993, both Minnie Gillette Drive and Delmar Mitchell Drive were proposed as private streets and were clearly so-marked on the approved plan. The subdivision would never have gained the approval of the Division of Engineering if these drives were originally proposed as public streets. The proposed street layout and widths of right-of-way do not even approach meeting the requirements set down by the Subdivision Control Ordinance of the City of Buffalo. The actual pavement construction is suitable for its original purpose, a parking area, but does not meet the specification for street pavements accepted by the City of Buffalo. These specifications are on file in the office of the City Engineer. I would also report to Your Honorable Body, that parts of the paved area are covered by canopies whose height does not meet the minimum geometric design standards for roadways. I must, therefore, report to the Council that it is the recommendation of the Department of Public Works that it rescind the recent dedication of Minnie Gillette Drive and Delmar Mitchell Drive as public streets. RECEIVED AND FILED. No. 55 Certificate of Appointment Appointment effective December 19, 1994 in the Department of Public Works Division of Water, Dominic DiSalvo, 22 Clio Avenue, Buffalo, 14220, to the position of Chief Water Pollution Inspector, Permanent, at the Maximum Starting Salary of $28,103. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 56 Authority to Draw Specifications And Advertise for Sealed Proposals For a Concession at Broderick Park Authorization of your Honorable Body is hereby requested to proceed with the preparation of specifications and to advertise for sealed proposals for the operation of a food concession at Broderick Park beginning with the 1995 season. Mr. Pitts moved: That the communication from the Department of Parks, Recreation and Forestry, dated December 14, 1994, be received and filed; and That the Commissioner of Parks be, and he hereby is, authorized to draw specifications, advertise for sealed proposals for the concession at Broderick Park for the 1995 season and return to the Common Council for approval. ADOPTED. No. 57 Result of Informal Bids Citywide Tree Planting for Spring 1995 This Department prepared plans and specifications for informal proposal requests for the above project only one (1) bid was received and opened on December 7, 1994, as follows: Page 24 94-1227.txt GLEASON'S NURSERY, INC.$ 19,275.00 4780 Sheridan Drive Williamsville, New York 14221 BIRCHGROVE LANDSCAPING, INC.NO BID DAVEY TREE AND LAWN CARENO BID VILLAGE GREEN LANDSCAPENO BID SEASONAL LANDSCAPENO BID GREAT LAKES LANDSCAPINGNO BID I hereby certify that Gleason's Nursery, Inc. is a responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to account 60-1 Parks 100-601-012-00-538. I hereby certify that the foregoing is a true and correct statement of all bids received. A list of addresses where trees will be planted is being prepared and will be made available to Your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE. No. 58 Request for Refund Swim Permit We have received a request for a refund of $150.00 for a 1994-95 Season Swim permit (non-resident). Our records show that Mrs. Celia Zolnowski of 94 Nash Street, West Seneca, New York 14206, purchased her permit on September 71 1994. Mrs. Zolnowski, as per a copy of the Certificate of Death filed with our office, passed away on November 25, 1994. Mrs. Zolnowski's son, in his letter to the Mayor, states that Mrs. Zolnowski never had the opportunity of using the permit in the two month period of time between the purchase of the permit and her untimely death. A copy of the letter and death certificate is attached. Due to the unusual circumstances of this situation, I am requesting that Your Honorable Body authorize the refund of $150.00 to the estate of Celia Zolnowski. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF POLICE No. 59 Drug Interdiction/Points of Entry Grant Program Renewal 1994-1995 The Police Department is respectfully requesting authorization for the Mayor to execute the attached renewal proposal for the Drug Interdiction/Points of Entry Grant Program between the City of Buffalo and the New York State Division of criminal Justice Services for the period December 1, 1994 through November 30, 1995. Under this agreement, the State will provide the City of Buffalo with $157,500 to enhance the Department's efforts toward combatting narcotics trafficking from various "points of entry" into the City. These funds will allow for the strengthening of narcotics cases through an intra-agency cooperative alliance between the Buffalo Police Department, NFTA Police Department, Cheektowaga Police Department and the County's Central Police Services Laboratory. Drug interdiction investigations will be maximized to interrupt the flow of drugs and a concentrated effort will be geared toward the middle to higher level drug suppliers. I am respectfully requesting that your Honorable Body authorize permission for the Mayor to enter into this renewal agreement (See copy renewal narrative attached and award letter from State). We are also respectfully requesting that Your Honorable Body authorize the Comptroller to provide for an inter-fund cash loan in the amount of $48,440 as a cash advance for all non-personnel expenses (which are listed in the grant narrative budget) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. Page 25 94-1227.txt If you require additional information, please do not hesitate to contact Captain Kevin J. Comerford at ext. 4475. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF FIRE No. 60 Sale of American LaFrance Tiller Truck Item No. 27, C.C.P. 12/13/94 Vehicle F-231 is a 1971 American LaFrance Tiller truck with approximately 70,000 miles. This vehicle has not been in service for three (3) years. James Durham, Supt. of Apparatus, has contacted the dealer for American LaFrance, William R. Shoemaker, Inc. of Hamburg, N.Y. (649-0511) to obtain the value of this truck, and was informed $2,000.00. Mr. Shoemaker recommended we begin bidding at $1,500.00. Bidding on three (3) pumpers and a rescue rig also began at $1,500.00, and sold for $2,200.00 to $2,300.00. The only vehicle that didn't sell is the F-231 ladder tiller truck. We tried to auction the tiller truck again at the end of the auction, and we received two (2) bids, $600.00 and $800.00. Supt. Durham also contacted Lee from R.D. Murray Fire Apparatus of Hamburg, whom bought two (2) pieces of equipment from the City at the auction (pumper for $2,400.00 and rescue rig for $2,650.00). This tiller truck must sell as salvage, with documentation. The City may be able to sell it for $2,000.00 to another department versus salvage for $ 1,000.00, but then we just bought a million dollars worth of liability for $2,000.00. Two (2) years ago we sold the same type of ladder truck to the Buffalo Historical Society for $500.00 (F-225), 9/21/93, C.C.P. #144 Item 049. If anyone is willing to purchase the vehicle for salvage at a higher price, we would certainly be interested. RECEIVED AND FILED. No. 61 Toxic Leak at Peace Bridge Item No. 141, C.C.P. 12/13/94 On November 24, 1994 at approximately 2000 hrs., the Buffalo Fire Department responded to the Peace Bridge Ramp area, Box 614, Incident # 111871 for a Level I haz-mat response. The arriving fire companies found a tank truck carrying ethyl acrylate, with a chemical odor emanating from the top of the storage tank. The arriving Chief Officer upgraded the incident to Level II, bringing more personnel including the Haz-Mat Officer, Fire Commissioner, Deputy Fire Commissioner, City of Buffalo Disaster Coordinator and various other support personnel. The owners of the tank truck also dispatched their haz-mat personnel to evaluate the condition of the tank and possibly take corrective action to curtail the release. Actions taken by the Buffalo Fire Department: 1.)Isolate immediate area, especially downwind. 2.)Call for additional equipment (standard operating procedure) due to the potential for escalation of incident. 3.)Set up a command post operation which included the Peace Bridge, Buffalo Police, NYS DEC and the Buffalo Disaster Coordinator. 4.)Some limited evacuation of nearby residents who felt threatened by the wind blown odor. It was decided by the Incident Commander (Commissioner of Fire, Cornelius Keane) not to evacuate the neighborhood until further investigation proving this necessary. The City of Buffalo Disaster Plan was in full use, as were the Buffalo Fire Disaster Plan, coordinated with the Peace Bridge Disaster Plan, Because of the nature of the release at the top of the tanker, further escalation of the incident did not become necessary. Sufficient personnel were on location to protect life and property and mitigate whatever might occur. The trucking firm personnel repaired the piping causing the release, and the State Police escorted the tanker to the trucking firm's terminal in Page 26 94-1227.txt Tonawanda, over the thruway. There was no further damage, and the area was returned to normal approximately 2300 hours. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 62 Retroactive Pay Increase-Sharon Loubert Item No. 55, C.C.P., 11/15/94 You have asked for a more detailed explanation of why Sharon M. Loubert's appointment to the position of Fiscal Supervisor in the Department of Human Resources can claim the maximum salary rate retroactively into the previous fiscal year. Unlike most other appointments, Ms. Loubert's salary is reimbursed to the City by a grant from the Buffalo Municipal Housing Authority/Department of Housing and Urban Development ("BMHA/HUD") grant program. The grant funds to cover the retroactive pay increase has already been encumbered and set aside. It has been budgeted specifically for the Fiscal Supervisor position by both the City and BMHA/HUD. The grant money must be used for that salary and cannot be allocated elsewhere. After July 1, 1994, the funds requested by Ms. Loubert would normally not exist in a standard salary account. However, in this unique situation, the grant money does exist and she can be retroactively compensated for the work she has done in the position of Fiscal Supervisor since March 24, 1994, subject to the Common Council's approval of the promotional appointment. She has a legitimate claim for compensation for the work she performed, which would be considered outside her job description if she were not granted the appointment. The Department of Law requests that the Common Council approve the appointment of Ms. Loubert to the position of Fiscal Supervisor at Step 5 retroactively for the period from March 24, 1994 through June 30, 1994. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 63 Loitering Item No. 145, C.C.P., 11/29/94 You have asked the Law Department whether a loitering or vagrancy law exists in the City of Buffalo. Presently, there is no such law in the Charter and Code of the City of Buffalo. There is a provision of the New York State Penal Law, section 240.35, which addresses loitering in connection with (a) such purposes as begging and gambling, (b) the wearing of masks and disguises, (c) schools, colleges and universities and (d) transportation facilities. If you have any other questions, please address them to this office. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Central Terminal - Status Report Item No. 160, C.C.P., 9/6/94 Item No. 72, C.C.P., 10/4/94 You have requested a report on the status of the case involving the City of Buffalo and the Central Terminal. There is a housing court action currently pending. The next scheduled court appearance date is December 13, 1994. Judge Russell has requested that the City provide an inspection report of the property at the scheduled return date. This office will continue to apprise the Common Council of the status of this case. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 65 Permission to Accept Fund Transfer Porter Avenue Reconstruction Of Curb and Walk Page 27 94-1227.txt I respectfully request that Your Honorable Body accept a fund transfer from the following two Community Development Block Grant Accounts for the reconstruction of curb and walk on Porter Avenue, as outlined below. FROM:TOAMOUNT: C.D.B.G. 92-080201C.P.A. 200-401-552$14,000 C.D.B.G. 93-080202C.P.A. 200-401-552$ 5,200 This total transfer of $19,200 will supplement funds presently available in the Division of Engineering Capital Project Account for this work. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 66 Report of Pre-Demolition Asbestos Removal for Various Properties Within the City Please be advised that pre-demolition asbestos bid offers were solicited by our department on December 8, 1994 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 165 Waverly StreetHiggins Group Barbara Swygert$3,450.00 27 Goulding St., Bflo., NY 143 Mills StreetGreat Lakes Abatement Co.,Inc. Joseph W. LaDuca$1,700.00 307 North St. Condo #26 Buffalo, New York 282 Rother StreetGreat Lakes Abatement Co.,Inc. 282 Rother St. Land Trust$1,700.00 715 Main St., Bflo., NY 4-6 Abbott RoadPeerless Environ Control,Inc. Timothy Dyrek, A. Krupski,$8,700.00 M. Wintringer 121 Knowlton, Kenmore, NY 882 Clinton StreetHiggins Group John J. & Amy Gattie$4,875.00 5379 Berg, Lack.,NY Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Public Works, dated December 12, 1994, be received and filed; and That the Commissioner of Inspections & Community Revitalization be, and he hereby is, authorized to award a contract for Pre-Demolition Asbestos Removal for Various Properties within the City to Higgins Group in the amount of $3,450.00 for 165 Waverly; Great Lakes Abatement Co., Inc., in the amount of $1,700.00 for 143 Mills Street, $1,700.00 for 282 Rother Street; Peerless Environmental Control, Inc. in the amount of $8,700.00 for 4-6 Abbott Road; and Higgins Groups in the amount of $4,875.00 for 882 Clinton Street the lowest responsible bidders, with said costs to be charged against the Special Assessment Fund #500-000-00200000. PASSED. AYES- 12 NOES- 0. No. 67 Report of Emergency Demolition Bids For 46, 54 & 58 Roetzer Street Due to the very serious and hazardous condition of the fire-damaged Page 28 94-1227.txt buildings located at the above-stated addresses, Fire Commissioner Cornelius J. Keane requested that our department bid this properties for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on December 12, 1994 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID AGGREGATE BID 46 Roetzer StreetCedar Wrecking & Salvage Raymond A. Darden$8,000.00 324 Little Robin Road Buffalo, NY 14228 54 Roetzer Street$7,000.00 Carolyn Rice 404 LaSalle Avenue Buffalo, NY 14215 58 Roetzer Street$8,000.00 Raymond A. Darden 324 Little Robin Road$23,000.00 Buffalo, NY 14228TOTAL AGGREGATE BID Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Public Works, dated December 14, 1994, be received and filed; and That the Commissioner of Inspections & Community Revitalization be, and he hereby is, authorized to award emergency demolition contracts to Cedar Wrecking & Salvage as the lowest responsible bidder for the demolition of 46 Roetzer Street in the amount of $8,000.00, 54 Roetzer Street, in the amount of $7,000.00; and 58 Roetzer Street, in the amount of $8,000.00 for a total sum of $23,000.00, with said cost to be charged against the Special Assessment Fund #500-000-002-00000. PASSED. AYES- 12 NOES- 0. No. 68 Report of Emergency Demolitions Bids for Various Locations Within City Due to the very serious and hazardous condition of the buildings located at the below-listed properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on October 31, 1994 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 581 AdamsLebis Enterprises Robert Dixon$5,100.00 PO Box 65A - Route 3 Florence, AL. 279 BroadwayPeter Delmonte Demolition Robert Krajas$5,900.00 Page 29 94-1227.txt 123 Peter St. Buffalo, NY 14207 60 & 62 ChicagoLebis Enterprises Edward J. Malloy$4,600.00 50 Chicago Buffalo, New York 14204 235 Florida and GarageJ. Martin Rosena B. Hardy$7,726.00 223 Northland Bflo, NY Gwendolyn Williams 12 Elton Pl. Bflo, NY D. Vivian Prince Bobbitt 266 Schuele, Bflo, NY Pauletta Stines, 14 Elton Buffalo, New York 94 FougeronEastwood Industries Inc. Gloria J. White$7,400.00 507 East Ferry St. Buffalo, NY 14208 526-28 GeneseeYoungs Auto and House Wrecking Carrie Loonie$9,346.00 993 Sycamore St. Buffalo, New York 14212 257 GrapePeter Delmonte Demolition Wilmon Arbam$5,900.00 282 Grape St. Buffalo, New York 15204 401 HickoryLebis Enterprises James Farrar & Queenie B.$4,200.00 Farrar) 401 Hickory Bflo, NY 525 HowardJ. Martin Antonia Smejda$6,995.00 480 Elma Meadow Lane Elma, New York 14059 210 Johnson St. GarageJ. Martin only$2,000.00 Patricia Baxter 235 Wallace Avenue Buffalo, NY 14216 1397 JeffersonYoungs Auto and House Wrecking Linda A. Hamm$4,490.00 138 Kingsley St. Buffalo, New York 243 MaplePeter Delmonte Demolition Lester Hughes$6,900.00 91 Russell Avenue Buffalo, NY 14214 338 MonroeIntegrated Waste Spec. Services Myron G. Harvey$5,498.00 66 Riley St. Bflo. NY Ronald Harvey 66 Riley Buffalo, New York 14208 16 NevadaEastwood Industries Inc. Roberta Hue$4,400.00 164 Butler St. Buffalo, New York 14208 57 Nevada and GarageYoungs Auto and House Wrecking James R. Pope$6,740.00 9 Forrestal Lane Buffalo, NY 18 Oneida St. and ShedLebis Enterprises Mary A. Jones$4,950.00 C/O Howard Walker Page 30 94-1227.txt 43 Manor Oak Dr. Amherst, NY 378 Plymouth RearJ. Martin Mary Traina Howell$11,500.00 378 Plymouth Front Buffalo, New York 215 Sumner St.Lebis Enterprises Thomas L. Haskell$4,000.00 4030 Union Rd. Upper Cheektowaga, NY 14225 454 TonawandaLebis Enterprises Chase Lincoln First Bank NA$4,900.00 295 Main St. Buffalo, NY 384 WilsonIntegrated Waste Spec. Services Susie M. Reid$6,870.00 18 Verdum Buffalo, New York 14214 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Public Works, dated December 20, 1994, be received and filed; and That the Commissioner of Inspections & Community Revitalization be, and he hereby is, authorized to award emergency demolition contracts to Lebis Enterprises for 581 Adams Street, in the amount of $5,100. 00; Peter Delmonte Demolition for 279 Broadway in the amount of $5,900.00; Lebis Enterprises for 60 & 62 Chicago Street, in the amount of $4,600.00; J. Martin for 235 Florida, in the amount of $7,726.00; Eastwood Industries, Inc. for 94 Fougeron, in the amount of $7,400.00; Youngs Auto and House Wrecking for 526-28 Genesee Street, in the amount of $9,346.00; Peter Delmonte Demolition for 257 Grape, in the amount of $5,900.00; Lebis Enterprises for 401 Hickory Street, in the amount of $4,200.00; J. Martin for 525 Howard Street, in the amount of $6,995.00; J. Martin for 210 Johnson Street, in the amount of $2,000.00; Youngs Auto and House Wrecking for 1397 Jefferson Avenue, in the amount of $4,490.00; Peter Delmonte Demolition for 243 Maple, in the amount of $6,900.00; Integrated Waste Spec. Services for 338 Monroe, in the amount of $5,498.00; Eastwood Industries, Inc. for 16 Nevada, in the amount of $4,400.00; Youngs Auto and House Wrecking for 57 Nevada, in the amount of $6,950.00; Lebis Enterprises for 18 Oneida Street, in the amount of $4,950.00; J. Martin for 378 Plymouth, in the amount of $11,500.00; Lebis Enterprises for 454 Tonawanda Street, in the amount of $4,900.00; and Integrated Waste Spec. Services for 384 Wilson Street, in the amount of $6,870.00 as the lowest responsible bidders for the demolition of the above properties, with said costs to be charged against the Special Assessment Fund #500-000-002-00000. PASSED. AYES- 12 NOES- 0. No. 69 Liquor License - 45 Chippewa Street Item No. 81, C.C.P. 10/4/94 This is in response to the above subject property and your request for inspection: A conversion of use from existing store to a nightclub is in progress per permit #B-26637 10/5/94. Work to date is satisfactory and the conversion is nearly complete as per Inspector Art Kostrzewa's rep Referrals have gone to all departments for final inspections for the Certificate of occupancy to be issued. There are no outstanding violations, and no court cases pending. Upon Page 31 94-1227.txt completion of the conversion, substantial compliance will be achieved. Second floor is a rooming house and is being monitored by the Multiple Dwelling Section of this office. If you have any questions please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 70 Liquor License: 1947 Seneca, 2075 Delaware, 486 Elmwood, 1077 E. Ferry, 44 Allen, 274 Delaware, 1519 Hertel, 45 Court St., 1172 Broadway Item No. 75, C.C.P. 11/1/94 With regard to the above subject properties please be advised of the following inspection results: Note: all inspections were performed by Building Inspector Art Kostrzewa between December 2nd and December 8th, 1994. 1947 Seneca:Approved use as a store per card file; no outstanding violations; no outstanding court action, no open permits. Property is in substantial compliance. 2075 Delaware:Approved use by Council; plans filed and approved. No apparent violations at this time. No court action pending. This is a new build which is still under construction. Upon completion a Certificate of Occupancy will be issued. All plans and paperwork are in order. Property is in substantial compliance 486 Elmwood:Approved use as a tavern per card file. No outstanding exterior violations. (no entry for interior inspection appointment will be set up with bar owner or manager.) No outstanding court action, no open building permits. Property in substantial compliance at this time. 1077 E. Ferry:Exterior inspection only. No entry for interior inspection at this time. Attempts to contact owner or manager unsuccessful at this time. Approved use as a tavern per permit #A-30108. No outstanding violations on the exterior. No outstanding court action. No open permits at this time. Property has been a tavern since its construction in 1925. It appears no apparent changes have been made to this structure. Minor repair permits have been take out over the years. 274 Delaware:Approved use, has been established per card file. No outstanding violations. No outstanding court action. No open building permits. Property is a Multiple Dwelling and is being inspected regularly by a Building Inspector for updated Certificate of Occupancy. This property is in substantial compliance at this time. 1519 Hertel:Approved use as per card file. No outstanding violations; no court action pending; no open permits. Property is in substantial compliance. 44 Allen:No outstanding violations or court action pending. No open permits. Property is in substantial compliance. 45 Court St.:No outstanding violations or court action pending. No open permits; property in substantial compliance at this time. 1172 Broadway:Approved use as per card file. No outstanding violations or court action pending. No open permits. Property is in substantial compliance at this time. We trust this will satisfy your inquiry. If you have any questions regarding these inspections please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 71 Liquor License - 257 East Avenue, 1194 Lovejoy Avenue Item No. 62, C.C.P. 11/29/94 The following properties were inspected as per your request for liquor license inspection on December 8, 1994 by Building Inspector Art Kostrzewa: 257 East Avenue:Approved use as per card file. No outstanding violations exist. (Exterior inspection only.) However, property was in sub-compliance as of April 1994 per inspection tracker. No outstanding court action pending; no open permits. Property in subcompliance at this time. Page 32 94-1227.txt 1194 Lovejoy Ave:Approved use as per card file. No outstanding exterior violations (no entry for interior inspection - attempting contact with owner or bar manager to schedule interior inspection.) No outstanding court action at this time. No open building permits. Property appears to be in substantial compliance. This is a Multiple Dwelling and is being monitored by Multiple Dwelling section. We trust this will satisfy your inquiry. Should you have any questions please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 72 Ellicott Mall-Status Property Manager Residing On Premises Item No. 70, C.C.P. 11/29/94 In response to the above stated Common Council communication I would like to supply your Honorable body with the following information. The enforcement of the Buffalo Code Section 281-7 Janitor, housekeeper or superintendent required, falls under the jurisdiction of the Division of Housing and Property Inspections. I have reviewed the letter sent to Mr. Pitts concerning this proposed suspension of ordinance. We understand that the Property Manager will be on site during regular business hours. We also understand that a maintenance and janitorial person will be hired and provided with a pager to be on call twenty-four hours per day. Also, Simplex time reporter will be provided with the proper information to contact the manager, janitor, maintenance person, Fire and Police Departments, and any emergency personal. The information that has not been provided is the proximity of the responsible party to this complex. The location of a responsible person to these buildings should provide a reasonable response time to any situations that may arise. Also not mentioned is the method in which a occupant is to contact a responsible person during off business hours. We believe that these questions should be answered before this amendment should proceed any further. It is my sincere hope that this communication satisfies this inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 73 Resolve Impasse- Re-write Ordinance Stationery Engineer on Premises I understand that state of the art equipment has been installed on this property and that modern technology has advanced to the point where the owner of this property is of the opinion that it may be possible to operate this heating plant without a full time Chief Stationery Engineer. Our code was written when boilers were coal fired and high pressure steam was prevalent. Although it is now man to have electrically monitored equipment with low pressure steam, it is incumbent upon the Division of Housing & Property Inspections to enforce the existing codes on the books. I suggest a resolve in the attached communication with the Common Council. I also suggest that the Common Council direct Inspections & Community Revitalization, as well as the Law Department, to revise and rewrite this code based on the strides in technology today. I would be more than happy to discuss a resolve to the immediate situation. Please contact me at extension 5801. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 74 Affordable Housing Application-Genesee Village Today, we forwarded an $800,000 application to the New York State Affordable Housing Corporation. The application will facilitate 40 units of new construction in the Ellicott Councilmanic District. The project is known as Genesee Village. This letter is for your information. If you would like to discuss same, please call me at extension 4913. I would appreciate any lobbying effort that you can provide. Page 33 94-1227.txt RECEIVED AND FILED. No. 75 Chester Street III New Housing Project Approval of LDA Omega Homes, Inc. The City of Buffalo Urban Renewal Agency duly designated Omega Homes, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1.Resolution setting Public Hearing 2.Notice of Public Hearing 3.Resolution approving proposed Land Disposition Agreement 4.Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being Qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 76 Jefferson Park New Housing Project Approval of LDA M.J. Peterson/Forbes Housing, Co. The City of Buffalo Urban Renewal Agency duly designated M.J. Peterson/Forbes Housing, Co., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1.Resolution setting Public Hearing 2.Notice of Public Hearing 3.Resolution approving proposed Land Disposition Agreement 4.Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 77 Peckham Street New Housing Project Approval of LDA Burke Brothers Construction, Inc. The City of Buffalo Urban Renewal Agency duly designated Burke Brothers Construction, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: Page 34 94-1227.txt 1.Resolution setting Public Hearing 2.Notice of Public Hearing 3.Resolution approving proposed Land Disposition Agreement 4.Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 78 South Division New Housing Project Approval of LDA Gal/Van Developers, Inc. The City of Buffalo Urban Renewal Agency duly designated Gal/Van Developers, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1.Resolution setting Public Hearing 2.Notice of Public Hearing 3.Resolution approving proposed Land Disposition Agreement 4.Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 79 Walden Heights New Housing Project Approval of LDA MJ Peterson/Forbes Housing, Co., James Management Co. and Marrano Marc Equity The City of Buffalo Urban Renewal Agency duly designated M. J. Peterson/Forbes Housing, Co., James Management, Co. and Marrano Marc Equity Corporation, and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1.Resolution setting Public Hearing 2.Notice of Public Hearing 3.Resolution approving proposed Land Disposition Agreement 4.Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 80 HOME Funds 2317 Main Street Women for Human Rights & Dignity Page 35 94-1227.txt I am respectfully requesting your approval for $64,905.35 of HOME Rental Rehabilitation funds for Women for Human Rights and Dignity, located at 2317 Main Street. The interest rate will be 0% for 10 years because of W.H.R.D.'s status as a non-profit. Note: The above listed property is current with their City taxes, County taxes, water bill and Notice of Violations with the Division of Inspections. Also note; due to the fact the W.H.R.D. is a non-profit administering supportive service for battered women and emotionally disturbed women, their loan request will be awarded at 0%, 10 year conditional grant. The condition would be that the building remain in code compliance and the activity of W.H.R.D. remain the same throughout the 10 year compliance period. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization dated December 15, 1994, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to release the amount of $64,905.35 of HOME Rental Rehabilitation funds as a 0%, 10-year conditional grant for Women for Human Rights and Dignity ("W.H.R.D.") located at 2317 Main Street, contingent upon compliance with the Code of the City of Buffalo and W.H.R.D's use of the property remaining the same over the period of the grant. PASSED. AYES- 12 NOES- 0. No. 81 Certificate of Appointment Appointment effective 12/19/94 in the Department of Inspections & Community Revitalization, Matthew J. Baudo, 477 Colvin Avenue, Buffalo, NY 14216, to the Position of Chief Building Inspector, Permanent, at the Maximum Starting Salary of $40,527. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 82 Certificate of Appointment Appointment effective 12/19/94 in the Department of Inspections and Community Revitalization, Gary Ziolkowski, 82 Howell, Buffalo, NY 14207, to the Position of Chief Building Inspector, Temporary, at the Maximum Starting Salary of $40,527. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 83 Mgmt. Consultant Agreement Com. 48, C.C.P. 11/15/94 We are not sure at this time whether this item will be part of the negotiations with the PBA. One of the reasons that the study is being done is to inform the negotiations. We will be making the decision early in the year what the administrations position is on the new contract. I trust this satisfies your inquiry. RECEIVED AND FILED. No. 84 Local 2651-Oppose Hiring Freeze Item #61, C.C.P. 12-13-94 Given the City's current and projected financial situation, I believe the focus needs to remain on maximizing the services delivered from the current group of inspectors. In that light, the new portable computers and software should assist; in addition, the pilot program on administrative adjudication should free up inspector time. In the future, should a firm source of revenue from inspections be identified, the administration would be willing to look at additional inspector positions. I trust this answers any inquiries you have. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Page 36 94-1227.txt FROM THE COMMISSIONER OF HUMAN RESOURCES No. 85 Info - Appt. Deputy Director Substance Abuse Item #53, C.C.P., November 29, 1994 Mr. Joseph Mazza did not take the examination for the position of Deputy Director of Substance Abuse. At that time, Mr. Mazza was the Director of Substance Abuse. I do not know why Mr. Mazza did not take the exam when offered. It was felt because of Mr. Mazza's prior experience in substance abuse, that he would serve well as Deputy Director. I will be in attendance as you have requested at your meeting December 20, 1994. Enclosed is other information on this subject you may find useful. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 86 Certificate of Appointment Appointment effective December 20, 1994 in the Department of Human Resources, Division of Substance Abuse Services, Lauris D. Robinson, 241 Humboldt Pkwy. Buffalo 14208, to the Position of Counselor III, Temporary, at the Intermediate Starting Salary of $24,103. Mr. Pitts moved: That the Communication be received and filed and the temporary appointment of Lauris D. Robinson stated above at the intermediate salary of $24,103.00 effective on December 20, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 87 Certificate of Appointment Appointment effective December 20, 1994 in the Department of Human Resources Division of Substance Abuse Services, Willie E. Johnson, 202 East Amherst St. Buffalo 14214, to the Position of Counselor III, Temporary, at the Maximum Starting Salary of $26,483. Mr. Pitts moved: That the Communication be received and filed and the temporary appointment of Willie E. Johnson stated above at the maximum salary $26,483.00 effective on December 20, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. FROM THE COMMISSIONER OF GENERAL SERVICES No. 88 Permission To Auction/Transfer Obsolete Vehicle Parts The Department of General Services, Division of Purchase would like to request permission to auction/transfer the following obsolete inventory being held in our stock room. All vehicles corresponding to the parts listed below are no longer with the City fleet. * Unimog parts - to be auctioned by sealed bid * Eager Beaver Recycler parts - to be auctioned by sealed bid * John Deer parts - to be transferred to the Buffalo Sewer Authority Your favorable response in the above matter would be appreciated. Auction/transfer of the above would enable the Department to fully utilize space needed to maintain our inventory room. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BUFFALO SEWER AUTHORITY No. 89 Page 37 94-1227.txt Traffic Plan for Elmwood Avenue Retail Item No. 158, C.C.P. 11/29/94 The Buffalo Sewer Authority has established a standard policy to address retail development in the City of Buffalo (copy attached). The policy allows for development to occur without compromising the existing level of service provided by our facilities. The policy requires that developments must collect and retain storm water runoff on-site, and convey the retained runoff in a managed and controlled manner to BSA facilities without compromising the sewer system. After review of the attached Policy Statement, should you have any questions or require further information, please contact this office. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO URBAN RENEWAL AGENCY No. 90 Rotary Rink Opening 1 & 2)The ice surface was installed on December 9th and the rink opened on that day. 3)A load of garbage was not dumped on the surface on or about November 21. On November 21st thru the 23rd we had extremely high wind conditions ranging in the area of 30 to 50 m.p.h. As a result leaves and assorted other trash was blown onto the rink surface. It also had rained the previous night and early that morning and the trash froze onto the surface. When employees from the Parks Department and a representative of BURA showed up to put down the water for the ice, they proceeded to do so without first cleaning off all trash that was blown & frozen onto the rink. As a result, the ice surface was not suitable for skating. We then had to shut down the compressors and melt the ice over the Thanksgiving weekend and start all over again on the 28th of November. We did not attempt to make ice prior to November 21st because of the unseasonably warm temperatures in November. We were advised by Joseph Davis and Ned Baudo our BURA engineer and Jim Wojick of Parks that because our compressors are 50 horsepower and the fact that the reflection of the sun off the windows on the M & T Building (former Goldome) we would over-tax the compressors and have horrendous utility bills if we tried to make or maintain ice if the temperature was 50 or above for even three (3) days in a row. Also because of the suns reflection off the M & T building we would end up with the center of rink turning to slush. Last year there were problems from the sun's reflection even on cold days (30's). 4)It is the responsibility of BURA with the help of the Parks Department to install the ice for the opening of the skating season. The Parks Department has the large hoses needed to flood the surface. However, as it turned out this year Parks could not get to the rink the second day that flooding was scheduled. We (BURA) then borrowed hose from the Fire Department Service Center behind City Hall and the BURA Site Crew put down the initial ice surface. RECEIVED AND FILED. FROM THE CITY CLERK No. 91 Seek Joint Operation Of Records Center The purpose of this communication is to seek the cooperation of the City of Buffalo and the Buffalo Board of Education to explore the possibilities of operating a joint records center. Presently, the City of Buffalo has 5,000 Cubic feet of inactive records stored on the 16th floor of City Hall. It is estimated that there are approximately 35,000 to 40,000 cubic feet of active and inactive records stored in various locations throughout City Hall and its satellite facilities. The Page 38 94-1227.txt current space available allows us to store only 13,000 cubic feet of records and we will reach that level within one year. The Buffalo Board of Education presently has approximately 3,000 cubic feet of records stored at its facilities with an estimated 20,000 to 40,000 cubic feet of records stored at various locations throughout the City. Once the prospective inventories are completed by both the Records Management Programs it is estimated that the facilities will house approximately 30,000 cubic feet of records with various retention schedules ranging from six years to permanence. Operating a joint center will save both units of government money by maximizing the use of personnel and equipment, in addition to making available thousands of cubic feet of space in City Hall and its various satellite locations, and make Hundreds of file cabinets available for re-use. Your consideration and approval regarding this study are greatly appreciated. RECEIVED AND FILED. No. 92 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 391 Ellicott St. Pearl of The Caribbean Raphael Torres REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 93 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works - Shelly M. Geber Inspections and Community Revitalization- Matthew Baudo, Gary Ziolkowski Human Resources-Reginald Harris RECEIVED AND FILED. No. 94 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Buffalo Sewer Authority City Planning Board Youth Board RECEIVED AND FILED. No. 95 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Pitts moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective December 13, 1994 in the Department of Common Council Eric Cunningham, 19 Doyle St., Buffalo, N.Y. 14207, to the Position of Intern III Seasonal, at the Flat Starting Salary of $ 5.00 hr. Appointment effective December 20, 1994 the Department of Common Council Franklin S. Carter, 25 Shirley Ave., Buffalo, NY 14215, to the Position of Intern III, Seasonal, at the Flat Starting Salary of $ 5.00 hr. Appointment effective December 20, 1994 in the Department of Common Council Jeremy Colby, 43 Argus Ave., Buffalo, NY 14207, to the Position of Intern IV Seasonal, at the Flat Starting Salary of $6.00 hr. Page 39 94-1227.txt Appointment effective December 14, 1994 in the Department of Common Council Joseph Golombek, 51 Wyandotte St., Buffalo, NY 14207, to the Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00 hr. Appointment effective December 31, 1994 in the Department of Common Council Marguerite Jackson, 50 Erskine Ave., Buffalo, NY 14215, to the Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00 hr. No. 96 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF AUDIT & CONTROL Appointment effective 12/21/94 in the Department of Audit & Control, Division of Real Estate, Angela Panaro, 62 Parker Avenue, Buffalo, New York 14216, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 per hour. Appointment effective December 22, 1994 in the Department of Audit and Control Division of Real Estate, James Pliszka, 454 Weimar, Buffalo, New York 14206 to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $ 6.22. DEPARTMENT OF PUBLIC WORKS Appointment effective December 9, 1994 in The Department of Public Works Division of Buildings, Daniel J. Tattenbaum, 16 Deer Street, Buffalo 14207 Sr. First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $ 7.33 hr. Appointment effective 11/21/94 in the Department of Public Works Division of Engineering, David M. Taylor, 19 Durham Court, Buffalo, NY 14204 to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr. Appointment effective December 21, 1994 in the Department of Public Works Division of Water, Peter Aramini, 51 Gold Street, Buffalo, 14206, to the Position of Water Service Worker, Seasonal, at the Flat Starting Salary of $ 6.26/Hr Appointment Effective December 22, 1994 in the Department of Public Works Division of Buildings, to the Position of Sr. First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $ 7.33 hr. James J. Glavey, 46 Whitehall Avenue, Buffalo 14220 Charles Isch, 288 Marilla Street, Buffalo 14220 Thomas Lizak Jr., 226 Columbus Avenue, Buffalo 14220 DEPARTMENT OF FIRE Appointment effective December 20, 1994 in the Department of Fire Division Fire Prevention, Richard Campanile, 3920 N. French Road, Orchard Park, New York 14127 to the Position of Fire Lieutenant, Permanent, at the flat Starting Salary of $ 45,982. Appointment effective December 20, 1994 in the Department of Fire, Division of Fire James D. Seemueller, 254 Warner Road, Lancaster, New York 14086 to the Position of Fire Lieutenant, Permanent, at the flat Starting Salary of $ 45,982. Appointment effective December 20, 1994 in the Department of Fire, Division of Fire, Walter Coakley, 91 Ramona, Buffalo, 14220, to the Position of Fire Captain, Permanent, at the flat Starting Salary of $48,224. DEPARTMENT OF GENERAL SERVICE Appointment Effective December 19, 1994 in the Department of General Services Division of Inventory & Stores, Paul L. Desiderio, 70 Hayden St., Buffalo, 14210 to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $ 6.92/Hr NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 97 B.E.D.C. Page 40 94-1227.txt Duties/Responsibilities-Economic Development Zone Administration Board (Item 157, C.C.P. 11/29/94) As per Councilmember Bell's request at the December 7, 1994 Economic Development Committee meeting, enclosed is a description of the duties and responsibilities of the Zone Administrative Board. If you have any questions please feel free to call me. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 98 ERIE CO. EMERGENCY SERVICES Toxic Leak-Peace Bridge Item #141 CCP 12/13/94 Please be advised that the Erie County Department of Emergency Services was not involved in the hazardous materials incident at the Peace Bridge on November 24, 1994. We therefore have no report to submit to your Honorable Body. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 99 ERIE CO. WATER AUTHORITY Discussions On Merger Res. No. 222 of November 1, 1994 The Erie County Water Authority is in receipt of a letter from Council Member Coppola containing a copy of Resolution 222 (11/1/94) marked for the Legislation Committee. The Erie County Water Authority is interested in and has been discussing possible areas of cooperation between it, the City, the City's Water Board, and the Buffalo Water Finance Authority. We have already met with Mr. Rehak and Ms. Frawley to begin such discussions and have arranged a meeting with Commission Giambra to continue them. To date, we have not discussed possible merger, only expanded cooperation between our agencies. There may be some administrative savings to be gained through merger, there are certainly substantially economies of scale in the production of water, by and larger there are few in the distribution of water, and there may be some joint research that can be conducted in conjunction with the new round of regulations proposed by USEPA (the Information Collection Rule and the Enhanced Surface Water Treatment Rule). However , the pluses and minuses of merger turn on many complicated issues and would require extended study. For instance, realizing treatment scale economies would depend on building a major connecting pipeline. The Authority would be happy to participate in such a study should that be the desire of the City. In the meantime, we have been discussing coordinating planning for future projects involving treatment; possible interconnection of our systems in order to provide emergency backup; joint purchase of materials and supplies, chemicals, and possibly electric power; mutual aid and exchanging inventories of spare parts in order to know where to locate items in an emergency; and exchanges of information. Since our last discussions, the Environmental Protection Agency has indicated that it will permit cooperation between utilities which use the same source water in studies required by the Information Collection Rule. This will be a future topic of discussion. The Authority looks forward to cooperative efforts with the City. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 100 KEY CENTRE, INC. Police Response To 911 Calls Yesterday afternoon at 16.00 h, one of our tenants, with the assistance of our building security staff, apprehended a suspect who was caught in flagrante searching a purse in a private office. Three calls were made to 911 and one directly to Precinct #3. In addition, one attempt was made to flag down a passing police cruiser. Despite Page 41 94-1227.txt these efforts, it took more than 40 minutes until officers were finally dispatched to the scene. There they arrived one hour after the incident although Key Center is within a short walking distance of Precinct #3. During all this time - while the suspect was being held against her will - the people detaining the person felt in danger since they were threatened orally and since they had no way of ascertaining whether or not the suspect was deranged or armed. We understand the need to set priorities in responding to emergency calls but the safety and security of all of us is being threatened, should this incident reflect typical police procedure. As major investors in the downtown area we have a special interest in a city core that is livable and safe. We respectfully urge you, therefore, to investigate yesterday's events and to ensure that the police is more responsive to community concerns in the future. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 101 D. MURPHY Environmental Assessment-1489 Fillmore I am writing this letter to ask that the City of Buffalo Common Council administer an assessment of the environmental status and demolition of the General Electric Plant at 1489 Fillmore Avenue. This is a special concern to the community in light of Kingsley Park and Love Canal disasters and the future development of 1489 Fillmore Avenue. This assessment should also address African American participation in the labor force of the demolition, environmental testing of toxic waste and unmarked containers cited August 4, 1992 in an "Asbestos Pre-Demolition Survey Report" prepared by Monroe Monitoring & Analysis,, Inc. and the future planning and development of this site. On Tuesday, May 18, 1093 at 10 AM in the City of Buffalo, City Hall, Council Chambers, there was a hearing regarding the demolition of the General Electric Plant at 1489 Fillmore Avenue. There were follow-up meetings in Masten District Councilmember David A. Collins' office. As a result of those meetings, I wrote a letter to Mr. John Harrsen, Manager, Remedial Projects, Northeast/Midwest Regions, General Electric Company, in which I asked if General Electric Company would work with the community and City of Buffalo to address the problem of toxic chemicals at the General Electric Plant. I am submitting a copy of my letter to Mr. Harrsen and Mr. Harrsen's response to me for Common Council records and proceedings. Sincere expressions of gratitude are extended as I await a response from the City of Buffalo Common council. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS & COMMUNITY REVITALIZATION, AND THE CORPORATION COUNSEL. No. 102 NYSABC Liquor License Fees Please be advised that Commissioner Cuomo is presently recuperating from surgery. An answer to your correspondence of December 14, 1994, received this office on December 20, 1994 and for your edification, the Legislature of the State of New York sets all licensing fees for the State Liquor Authority and I would suggest that you contact your State Assemblyman and State Senator. If you are in need of additional information please contact me at the above listed telephone number. RECEIVED AND FILED. No. 103 NYSDOT Removal of Michigan Ave. Bridge This is in response to your letter of December 15, 1994 transmitting Resolution #142, C.C.P. December 13, 1994, concerning the Michigan Avenue Bridge, and asking for our comments and/or recommendations. Attached is a letter dated December 19, 1994 which we recently, sent to Page 42 94-1227.txt Mr. Joseph N. Giambra, Commissioner of the Department of Public Works. This letter states the Department's position on this matter. If you have further questions, feel free to contact me at 847-3241. REFERRED TO THE COMMITTEE ON FINANCE. No. 104 JAMES PITTS Complaint-Crime-E. Ferry/Montana Sts. Attached is a complaint from a concerned citizen, (unsigned) regarding drug activity, etc. on the East Ferry and Montana Streets. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 105 POLISH COMMUNITY CENTER, INC. Info On Rezoning 104 Lewis St., 129 Jones The application for rezoning of the above parcel from R3 to R5 submitted by the Polish Community Center, will be coming before the Common Council Legislation Committee on Jan. 3, 1995. This rezoning application is to correct an error in classification that occurred in a prior rezoning. The Polish Community Center has been designated by the Council and BURA as developer of 32 units of new housing for the low-income frail elderly. We have been awarded $1.45 million in HOME funds from the New York State Division of Housing and Community Renewal to construct the project. The site, formerly occupied by a school, had been zoned M2. In 1992 we submitted a rezoning application to rezone to R3 based upon our original plans. Upon the advice of the Planning Board we made the building a 2-story building, requiring an R5 zoning. This was approved by the Planning Board and we were told that the rezoning application would be amended to reflect this. When the Council minutes were printed however, this change was not reflected. Council Member Franczyk, after discussing the matter with the Law Department and the City Clerk, advised us to file another rezoning application, which we have done. This application also includes the adjacent parcel at 129 Jones which the Council recently approved making part of the project. We hope you will approve this rezoning so that this worthwhile project may go forward. If you have any questions please call me at 893-7222. Thank you for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 106 ROSWELL PARK INST. MBE/WBE Participation In Modernization Program Enclosed please find information regarding minority participation statistics and a current project progress overview. If you have any questions do not hesitate to call our office. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 107 J.H. WHITE REALTY Offer To Purchase 1429 Jefferson Please be advised the reverend would like to accept the aforementioned property in its as is condition, he is offering ($500.00) for this property. It is in need of a roof and all floors are in great need of repairs. The roof is in need of repairs. Wiring and plumbing is also needed. The intent is good for the neighborhood the intend to open a food pantry for the needy. If possible client would like immediate occupancy and this would cure present problems. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. PETITIONS Page 43 94-1227.txt No. 108 DeCarolis Truck Rental, owner, petition to use 25 Msgr. Valente Dr. for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 109 Mercy Hospital, petition to use 571 South Park for a wall sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 110 2230 S. Park Limited, owner, petition to Use 1673 Broadway for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 111 City of Buffalo, owner, petition to Use 2057 Genesee Street for a pole sign at Senior Citizen Center. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 112 Salary Ordinance Amendment 50 - Department of Human Resources 4 - Division of Substance Abuse Services 011 - YDA-DACC Narcotic Control Program 012 - BMHA/HUD Substance Abuse Program (Item No. 218, C.C.P., Nov. 15, 1994) That the Salary Ordinance Amendment as contained in Item No. 218, C.C.P., November 15, 1994, be and the same hereby is approved, PASSED. AYES- 12 NOES- 0. No. 113 Reinstatement of Firefighter (Fire) (Item # 34 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Reinstatement of Firefighter (CSC) (Item # 56 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Appointment Heavy Equipment Operator-Water That Communication No. 22 December 13, 1994 be received and filed and the provisional appointment of Christopher J. Maggio stated above at the intermediate salary $25,254.00 effective on December 5, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 116 Page 44 94-1227.txt Notices of Appointments - Temp/Prov./Perm. (Item # 57 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 117 Management Consulting Agreement (Item No. 48, C.C.P., Nov. 15, 1994) That the above item be, and the same hereby is, returned to the Common Council Mr. Collins now moved: That the Commissioner of Police be, and he hereby is authorized to enter into a Management Consulting Agreement between the City of Buffalo and Frank J. Krzystofiak from the University of Buffalo regarding the evaluation of the ten-hour shift schedule in the Police Department. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS- 10. NOES- ARTHUR, ZUCHLEWSKI- 2. No. 118 Supplemental Agreement - ROW - Reconst. of Bailey Ave (Item No. 17, C.C.P., Dec. 13, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Mayor be, and he hereby is authorized to enter into new supplemental agreements for right-of-way acquisition and preliminary engineering for the Reconstruction of Bailey Avenue, Dingens to William Street PIN 5307.68, as more fully described in the above-referenced communication. PASSED. AYES- 12 NOES- 0. No. 119 Reform Guidelines on Off -Year Assessment Increases (Item No. 124, C.C.P., Dec. 13, 1994) That this Common Council agrees that property owners forced to make extensive repairs should not be penalized with increased assessments because the Department of Assessment determines the repairs are capital in nature, rather the city should increase the assessment only after the next city-wide revaluation is performed or the property is sold to reflect true market value. ADOPTED. No. 120 Security Around City Hall (Bd.Pkg.) (Item # 4 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Legal actions vs. Central Terminal Owners (Item # 140 CCP December 13, 1994) That the above mentioned Item be and the same is hereby referred to the Committee on Economic Development. ADOPTED. No. 122 Page 45 94-1227.txt Sale of Tiller Truck (1970 American LaFrance) (Item No. 27, C.C.P., Dec. 13, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Commissioner of Fire be, and he hereby is authorized to accept from Elia R. Mancini, of 308 Skillen the amount of $1,000 for a 1970 American LaFrance tiller truck. PASSED. AYES- 12 NOES- 0. No. 123 Ordinance Amendment - Ch. 175 (463) - Fees (Item # 92 CCP December 13, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 124 Ordinance Amendment - Ch. 463 - Xmas Trees (Item # 93 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 J. Suarez - Offer 912 Sycamore to City (Item # 77 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 Prepare Plans and Specifications for Purchase of Traffic Signal Equipment (Item No. 18, C.C.P., Dec. 13, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise for sealed proposals for the Purchase of Traffic Signal Equipment 1994-95. Funds for this project are available in Capital Project Fund #200-401-507-00-000. ADOPTED. No. 127 Bids - Emergency repairs - Michigan Lift Bridge (PW) (Item # 19, CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Change in Contract - Debris Removal from Emerald Channel Intake (Item No. 20, C.C.P., Dec. 13, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Oceaneering Technologies, changes resulting in a net increase in the amount of $8,000.00, as more fully described in the above communication, for contract relating to Emerald Channel Intake Structure, Contract No. 24, City Contract No. 91774800. Funds for this additional work are available in the Division of Water's 416 - Capital Project Fund, 982-009-00-000 account. PASSED. AYES- 12 NOES- 0. No. 129 Page 46 94-1227.txt Change in Contract Painting Street Light Standards 1993-94 (Item No. 21, C.C.P., Dec. 13, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #2 to E & M Star Painting, Inc., changes resulting in a net increase in the amount of $1,850.49, as more fully described in the above communication, for contract relating to Painting of Street Light Standards 1993-94 Contract No. 91745500. Funds for this additional work are available in Bond Account 200-401-507-00-000. PASSED. AYES- 12 NOES- 0. No. 130 Reduce Retention - Delaware Park Meadow Pathway (Item No. 34, C.C.P., Dec. 13, 1994) That the Commissioner of Community Development, be and he hereby is authorized to the reduce the retention from 10% to 3% on a contract with M.P.J. Contracting, Inc., Contract 91752300 for construction of the Delaware Park Meadow Pathway. PASSED. AYES- 12 NOES- 0. No. 131 City Hall Cafeteria (Item No. 118, C.C.P., Dec. 13, 1994) That the Commissioner of Public Works and the Director of Buildings file this Common Council at the next meeting the answer to the following questions: 1.A copy of the RFP for the operation of the City Hall Cafeteria, who received them and how were they advertised? 2.Who were the five companies who responded to the RFP'S? 3.When will an operator be recommended to this Honorable Body for approval? 4.If the Department of Public Work's is not prepared to make recommendations to the Common Council, state why. ADOPTED. No. 132 Removal of Demolition Lien at 70 Watson Street (Item No. 156, C.C.P., Nov. 29, 1994) (Item No. 117, C.C.P., Dec. 13, 1994) That this Common Council request that the Buffalo Urban Renewal Agency and the Comptroller to remove the demolition lien at 70 Watson Street. PASSED. AYES- 12 NOES- 0. No. 133 Z. Goralski - Protest Interest - Taxes 397 Newburgh (Item # 117 CCP September 6, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 S. Green - Forgive Interest - Taxes 205 Sweet (Item # 105 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Forgive Interest Taxes - 37 Devereaux (A&F) (Item # 48 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. Page 47 94-1227.txt ADOPTED. No. 136 Waive Interest - 205 Sweet (CC) (Item # 31 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Audits Performed 1990-1994 (Compt.) (Item # 16 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Signal Seneca/Chicago (PW) (Item # 37 CCP March 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Accident Reports - Seneca/Chicago (Pol) (Item # 56 CCP February 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Seek NiMo Rate Reduction (Item # 176 CCP October 18, 1994) That the above mentioned Item be and the same is hereby referred to the Committee on Legislation. ADOPTED. No. 141 Seek NiMo Rate Reduction (BSA) (Item # 71 CCP November 1, 1994) That the above mentioned Item be and the same is hereby referred to the Committee on Legislation. ADOPTED. No. 142 NiMo - Reply To Rate Reduction Request (Item # 111 CCP November 15, 1994) That the above mentioned Item be and the same is hereby referred to the Committee on Legislation. ADOPTED. No. 143 NYSABC - Liaison Committee Formation (Item # 90 CCP November 1, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 144 Request Reduction in Fee for Liquor License in the City (Item No. 123, C.C.P., Dec. 13, 1994) That this Common Council requests that the City Clerk send a certified Page 48 94-1227.txt copy of this resolution with a request to the New York State Alcoholic Beverage Control Division asking for a response by the next full Council meeting on why liquor licenses issued to restaurants and taverns in the City of Buffalo cost significantly more than those issued in the suburbs. ADOPTED. No. 145 Reply to Liquor License Applications (Assmt) (Item # 13 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Reply to Liquor License Applications (ICR) (Item # 44 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 147 Michael S. Towns - Petition to use 31 Hedley - Home Addition (Item No. 64, C.C.P., Dec. 13, 1994) That after a public hearing before the Committee on Legislation on December 20, 1994, the petition of Michael S. Towns, owner, for permission to use 31 Hedley for a one story frame addition be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 148 2420 Delaware Avenue, Inc. Petition to use 2412-2426 Delaware Avenue - Pole Sign (Item No. 65, C.C.P., Dec. 13, 1994) That after a public hearing before the Committee on Legislation on December 20, 1994, the petition of 2420 Delaware Avenue, Inc., owner, for permission use 2412-2426 Delaware Avenue for a pole sign be, and hereby is approved on the condition that they provide landscaping at the base of pole. PASSED. AYES- 12 NOES- 0. No. 149 Rite Aid Drugs Petition To Use 1336 Hertel Avenue - Pole Sign (Item No. 67, C.C.P., Dec. 13, 1994) That after a public hearing before the Committee on Legislation on December 20, 1994, the petition of Rite Aid Drugs for permission to use 1336 Hertel Avenue for a pole sign be, and hereby is approved on the condition that they provide landscaping at the base of the pole. PASSED. AYES- 12 NOES- 0. No. 150 Rite Aid Drugs - Petition To Use 710 Kenmore Avenue - Pole Sign (Item No. 68, C.C.P., Dec. 13, 1994) That after a public hearing before the Committee on Legislation on December 20, 1994, the petition of Rite Aid Drugs for permission to use 710 Kenmore Avenue for a pole sign be, and hereby is approved on the condition that Page 49 94-1227.txt they provide landscaping at the base of the pole and investigate placing landscaping treatment at the curb line. PASSED. AYES- 12 NOES- 0. No. 151 EIS hearing notice - Greater Northern Elevator Demolition (Item # 5 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Encroach Planters - 1264 Main Street (Item No. 26, C.C.P., Nov. 29, 1994) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Bruce Natalizia of Delta Sonic Car Wash, located at 1264 Main Street, to install four (4) planters which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the planters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the planters be installed a minimum of 18 inches west of the west curbline of Main Street. 4.That the applicant be responsible for relocation of any existing underground utilities affected by the installation of the planters. 5.That the applicant be responsible for maintaining the planters. 6.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said planters. PASSED. AYES- 12 NOES- 0. No. 153 Ordinance Amendment - Chapter 12 - Code of Ethics (Item No. 138, C.C.P., Nov. 29, 1994) (Item No. 105, C.C.P., Dec. 13, 1994) That the Ordinance Amendment as contained in Item No. 138, C.C.P., November 29, 1994, be, and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 154 Favor Ordinance Amendment (Bd. Ethics) (Item # 6 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Ordinance Amendment - Chapter 129 Certificates of Occupancy (Item No. 128, C.C.P., Dec. 13, 1994) That the above item be, and hereby is returned to the Common Council without recommendation. Mr. Coppola now moved to receive and file the above item; seconded by Mr. Collins. Mr. Franczyk moved to amend and approve the above; seconded by Mr. Fahey. LOST. AYES- CZAJKA, FAHEY, FRANCZYK, ZUCHLEWSKI- 4. Page 50 94-1227.txt NOES- ARTHUR, BELL, COLLINS, COPPOLA, HELFER, LOCKWOOD, LOTEMPIO, PITTS- 8. Mr. Coppola now moved his original motion to receive and file said item; seconded by Mr. Collins. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, HELFER, LOCKWOOD, LOTEMPIO, PITTS- 8. NOES- CZAJKA, FAHEY, FRANCZYK, ZUCHLEWSKI- 4. No. 156 Request Ordinance - Rental Housing Business (Item # 166 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 Assessment Policy on Home Improvement Permits (Item # 207 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 Status - Housing Violations - 91 Wasmuth (CC) (Item # 30 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CARL A. PERLA JR. CHAIRMAN No. 159 NYS Economic Development Zone Revision to Boundary Description (Item No. 157, C.C.P., Nov. 29, 1994) That the City of Buffalo request a boundary revision from the New York State Department of Economic Development to: 1.Add the area bounded by High Street, Main Street, Goodrich Street and Ellicott Street in Sub-Zone 1; and 2.Add the area the properties commonly known as 1055 and 1057 Delavan Avenue, further defined as Tax Map parcels No. 090.80-4-2 and No. 090.80-4-3 in Sub-Zone 2; and 3.Delete the area bounded by Hollister, Street, Mortimer Street, West Peckham Street and Spring Street, also known as Willert Park, in SubZone 1; and 4.Delete the area bound by Peckham Street, Stanton Street, Paderewski Drive and Krettner Street, in Sub-Zone 1. That, if the boundary revision is approved by the NYS Department of Economic Development, that Subpart 2 of Section 281, Article 14 of the Charter of the City of Buffalo be hereby amended as follows: SUB-ZONE 1: Portions of Census Tracts (C.T.) 5.00, 12.00, 13.02, 14.02, 15, 16, 18, 25.02, 31.68, 71.01. More fully described as follows: Beginning at the southeast corner of Main and [High St; thence easterly along High St. ] Goodrich Street; thence easterly along Goodrich Street to Ellicott St.; thence southerly along Ellicott St. to Burton St. ; thence easterly on an imaginary line extending from Burton St. to North Oak St.; thence southerly along N. Oak St. to Goodell St.; thence easterly along Goodell St. to Mulberry St.; thence southerly along an imaginary line extending from Mulberry St. (connecting Mulberry St. and Hickory S;.) to Cherry St.; thence northeasterly along Cherry St. to Jefferson Ave.; thence northerly along Jefferson Ave. to the Kensington Expressway (NYS Rte. 33); thence northeasterly along the Kensington Expressway (NYS Rte. 33) to Carlton St.; thence easterly along Carlton St. to Grey St.; thence southerly along Grey St. to Genesee St.; thence southwesterly along Genesee St. to Page 51 94-1227.txt Jefferson Ave.; thence southerly along Jefferson Ave. to Broadway; thence easterly along Broadway to a CONRAIL (NY Central) rail line (approximately 50, east of Memorial Drive); thence southerly along the CONRAIL (NY Central) rail line to a southwesterly branch; thence southerly and southwesterly along the CONRAIL (NY Central) rail line, also being the southern boundaries of 495 Paderewski Drive (SBL #112.09-11.1) and 59 Memorial Drive (SBL #112.13-1-1.2), to William St.; thence westerly along William St. to Jefferson Ave.; thence southerly along Jefferson Ave. to Myrtle Ave.; thence westerly along Myrtle Ave. to Hamburg St.; thence southerly along Hamburg St. to Seneca St.; thence easterly along Seneca St. to Smith St.; thence northerly along Smith St. to Fillmore Ave.; thence northerly along Fillmore Ave. to Hardwood Place; thence easterly along Hardwood Place to Dillon St.; thence northerly along Dillon St. to Fillmore Ave.; thence northerly along Fillmore Ave. approximately 1001 to a CONRAIL (Penn Central) rail line; thence easterly along the CONRAIL (Penn Central) rail line approximately 950, to an intersection with a CONRAIL (Erie Lackawanna) rail line; thence southwesterly along the CONRAIL (Erie Lackawanna) rail line to the intersection of Smith St. and an imaginary line extended from Exchange St.; thence westerly along said imaginary line of Exchange St. to VanRensselaer St.; thence southerly along VanRensselaer St. to Perry St.; thence easterly along Perry st. approximately 7001 to a CONRAIL (Erie-Lackawanna) rail line; thence southwesterly along said CONRAIL (Erie-Lackawanna) rail line to Fulton St. ; thence westerly along Fulton St. to VanRensselaer St.; 'thence southerly along VanRensselaer St. to South Park Ave.; thence westerly along South Park Ave. to Fitzgerald St., extended; thence southerly along Fitzgerald St. to Mackinaw St.; thence westerly along Mackinaw St. to Katharine St.; thence northerly along Katharine St. to South Park Ave. - thence westerly along South Park Ave. to Red Jacket St.; thence northerly along Red Jacket St. to Fulton St.; thence easterly along Fulton St. approximately 400, to a CONRAIL (NY Central) rail line; thence northwesterly along said CONRAIL (NY Central) rail line to the NYS Thruway, Niagara Section (I-190); thence westerly along the NYS Thruway (I-190) to Hamburg St. ; thence northerly along Hamburg St. approximately 6001 to a CONRAIL (NY Central) rail line; thence westerly along said CONRAIL (NY Central) rail line to Michigan Ave.; thence northerly along Michigan Ave. to E. Tupper St.; thence westerly along E. Tupper St. to Elm St.; thence southerly along Elm St. to Genesee St. ; thence westerly along Genesee St. to Oak St.; thence northerly along Oak St. to E. Tupper St.; thence westerly along E. Tupper St. to Main St.; thence northerly along Main St. to Edward St.; thence westerly along Edward St. to Virginia St.; thence southwesterly along Virginia St. to Keep Place; thence northwesterly along Keep Place to West Tupper St.; thence northwesterly along West Tupper St. to Malta Place; thence northwesterly along Malta Place to West Ave.; thence southeasterly along West Ave. to Maryland St.; thence southwesterly along Maryland to Busti Avenue; thence northwesterly along Busti Avenue to Hudson St.; thence northeasterly along Hudson St. to Cottage St; thence southeasterly along Cottage St. to Virginia St.; thence easterly along Virginia St. to Main St.; thence northerly along Main St. to [High St.] Goodrich Street and the point of beginning. Excluding the area bounded by Hollister Street, Mortimer Street, West Peckham Street and Spring Street, also known as Willert Park, and the area bound by Peckham Street, Stanton Street, Paderewski Drive and Krettner Street. SUB-ZONE 2: Portions of Census Tracts (C.T.) 36.00, 39.01, 39.02 and 42. More fully described as follows: Beginning at a point on E. Amherst St. and the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W., approximately 3001 east of the intersection of East Amherst St. and Manhattan Ave.; thence easterly along E. Amherst St. to Clarence Ave.; thence southerly along Clarence Ave. to Kensington Ave.; thence southwesterly along Kensington Ave. approximately 300, to the easterly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.; thence southwesterly along the eastern boundary of said CONRAIL (Erie-Lackawanna) rail R.O.W. to E. Delavan Ave.; thence westerly along E. Delavan Ave. approximately [300'] 160' to the easterly boundary of Tax Map parcel No. 90.80-4-2 (aka 1055 Delavan Avenue); thence southeasterly along the easterly boundary of said parcel No. 90.80-4-2 to its southeastern corner; and thence and continuing in a southeasterly direction along the easterly boundary of Tax Map parcel No. 90.80-4-3 (aka 1057 Delavan Page 52 94-1227.txt Avenue) to its southeastern corner; thence westerly along the southern boundary of parcel No. 90.80-4-3 to its southwestern corner and its intersection with [to] an abandoned CONRAIL (Erie-Lackawanna) rail line; thence southerly along said abandoned CONRAIL rail line to an imaginary line extended east and west along Scajaquada St.; thence westerly along Scajaquada St. to Cornwall Avenue; thence northerly along Cornwall Ave. to East Delavan Ave.; thence easterly along E. Delavan Ave. to Norfolk Ave.; thence northerly along Norfolk Ave. to the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.; thence northwesterly along the western boundary of said abandoned CONRAIL (Erie-Lackawanna) rail R.O.W. to E. Amherst St. and the point of beginning. SUB-ZONE 3: Portion of Census Tract 3, Blocks 901 and 902. More fully described as follows: Beginning at a point at the intersection of the southerly shore of the Buffalo River and a CONRAIL (Erie-Lackawanna) rail line east of Bertha St.; thence southwesterly along the CONRAIL (Erie-Lackawanna) rail line and following a westerly branch of said rail line (abandoned) to the southerly shore of the Buffalo River approximately 800, south of South Park Ave; thence along the southerly shore of the Buffalo " River to the CONRAIL (Erie-Lackawanna) rail line and the point of beginning. 3.That the Mayor of the City of Buffalo, the Commissioner of Community Development or any other appropriate officials of the City of Buffalo are hereby authorized to execute any and all documents deemed necessary to effect this resolution. PASSED. AYES- 12 NOES- 0. No. 160 Revise NYS Econ. Dev. Zone Boundaries (CD) (Item # 39 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 CDBG Section 108 Funds - Gateway Development Associates, Ltd. (Item No. 139, C.C.P., Dec. 13, 1994) That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into Section 108 Loan as follows: 1 .The Section 108 loan shall be a pass through loan from the United State Department of Housing and Urban Development. 2.That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 Loan. 3.The loan shall be administered by the Buffalo Enterprise Development Corporation. 4.The loan shall be granted to Peter Elia or Gateway Development Associates, Ltd. (hereinafter referred to as "Gateway"). 5.The loan shall be secured by: a)A first lien on fixed assets; b)A first mortgage and assignment of rents/contracts on 136 Lakeview, 637 Fourth Street and 602 Porter Avenue; and That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution. PASSED. AYES- 12 NOES- 0. No. 162 Sec. 108 Funds - Gateway Dev. Assoc. (CD) (Item # 36 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Page 53 94-1227.txt COMMITTEE ON EDUCATION HON. DALE L. ZUCHLEWSKI CHAIRMAN No. 163 Consolidation Recommendations (GS) (Item # 86 CCP October 5, 1994) That the above mentioned Item be and the same is hereby referred to Administration and Finance. ADOPTED. No. 164 Consolidation of Purchasing Depts. (Bd. Ed.) (Item # 88 CCP October 5, 1994) That the above mentioned Item be and the same is hereby referred to Administration and Finance. ADOPTED. No. 165 Purchase Supp. Serv. - Review Purchase Functions (Item # 83 CCP November 16, 1994) That the above mentioned Item be and the same is hereby referred to Administration and Finance. ADOPTED. No. 166 School Space - Daytime Rentals (Bd. Ed.) (Item # 71 CCP March 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Use Of Open Schools For L.S.H.P. (Bd. Ed.) (Item # 65 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 168 Program To Train Vocational School Students (Item # 76 CCP March 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 Confidentiality Of Sites - N.W. Academy (Item # 70 CCP May 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 Use Of Old Furniture (Item # 71 CCP May 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 171 Request BOE Rescind Admin. Employee Raises Page 54 94-1227.txt (Item # 202 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 172 Justification of Admin. Raises (Item # 49 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 173 By: Mr. Arthur Request Update on Audit From David J. D'Arata, CPA Whereas:On November 1, 1994, The City of Buffalo hired David J. D'Arata, CPA, to audit the procedures and internal controls of the Division of Vital Statistics and Marriage Licenses; and Whereas:A status report on the audit was to be completed by the middle of the month of December, 1994; and Whereas:The District Attorney has not been able to indict any of the alleged perpetrators until these audits are completed; and Whereas:To date, this Honorable Body has not received any progress reports from the Comptroller as to the status of the audit being performed by David J. D'Arata, CPA; and Now, Therefore, Be It Resolved That: This Common Council requests that a status report be given to them by the Comptroller to show the progress, or lack of progress by David J. D'Arata, CPA, at its next regular meeting, or in Executive Session with the Comptroller and a representative of the CPA Firm. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 174 By: Messrs. Arthur and Coppola Request Information Regarding the High Price of Gasoline Whereas:In Western New York , the price of gasoline has increased dramatically over the past few months; and Whereas:Gas retailers blame the increase in gas prices on reformulated gasoline now being sold at the pumps; and Whereas:In the early 1980's, reformulated gas products such a "Gasohol" were offered to consumers on a voluntary usage basis at a rate that was $.10 to $.15 below the standard price for regular gasoline being sold at the pumps ; and Whereas:Reformulated gasoline is already being sold to consumers at $.10 to $.25 per gallon more than the price for regular gasoline that was previously sold at the pumps; and Whereas:In January 1995, when sale of reformulated gasoline is slated to become mandatory in Erie and Niagara Counties, prices are likely to increase again; and Whereas:In addition, major oil and petroleum companies are forcing small franchise proprietors to take on significant debt to make extensive improvements and renovations to their properties. These costs will eventually be passed on to consumers in the form of higher gasoline prices, further compounding the problem; and Whereas:The increase in gasoline prices cited above do not seem to be justified, since areas adjacent to Erie and Niagara Counties have not incurred such price increases; Now, Therefore, Be It Resolved: That this Common Council requests the New York State Attorney General's Page 55 94-1227.txt Office Division of Consumer Frauds and Protection to investigate the factors that have driven up the prices of gasoline being sold in the City of Buffalo; and Be It Further Resolved: That the City Clerk be directed to forward certified copies of this resolution to New York State Attorney General's Office, Division of Consumer Frauds and Protection. ADOPTED. No. 175 By: Mr. Bell Niagara Mohawk Power Studies Whereas:Niagara Mohawk Power Corp. recently announced a new program called "green pricing;" and Whereas:The utility is asking consumers to voluntarily pay $6.00 a month so that it can conduct wind and solar power experiments, and to plant trees; and Whereas:Despite the numerous rate increases NiMo has received in the recent past, the level of service provided to consumers has not improved; and Whereas:Now the Syracuse-based utility wants environmentally conscious consumers to pay an additional monthly donation for such projects; and Whereas:This appears to be a clever ploy to get more money from consumers under the guise of being "environmentally friendly;" Now, Therefore Be It Resolved: That this Common Council express its opposition to Niagara Mohawk's "green pricing" program, and urge the utility to fund environmental projects and experiments from their profits. ADOPTED. No. 176 By: Mr. Bell Ordinance Amendment Chapter 399 - Smoking The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 399 of the Code of the City of Buffalo be amended to read as follows: Section 399-12 Purpose. [A.]Because the smoking of tobacco or any other weed or plant is [a danger to health and is a cause of material annoyance and discomfort to those who are present in confined places,] the number one cause of preventable death, and second-hand smoke kills 53,000 Americans annually, the Common Council hereby finds and declares that the purpose[s] of this Article [are] is to [:] [(1)][P]protect the [public] health and welfare by [regulating smoking in the office workplace] creating- smoke free environments in all City Buildings and any vehicles owned or leased by or to the City of Buffalo. [(2)][Minimize the toxic effects of smoking in the office workplace accommodating, insofar as possible, the preferences of nonsmokers and smokers.] [(3)][If a satisfactory accommodation cannot be reached, prohibit smoking in the office workplace.] [B.][This Article is not intended to create any right to smoke or to impair or alter an employee's prerogative to prohibit smoking in the workplace. This Article requires that the employer make accommodations for the preferences of both non-smoking and smoking employees and, if a satisfactory accommodation to all affected non-smoking employees cannot be reached, that the employer prohibit smoking in the office workplace.] Section 399-13 Prohibited acts, It shall be unlawful for my person to smoke within any City Building or any vehicle owned or leased by or to the City entity, This prohibition extends to all workplaces, public lobbies, restrooms, storage areas, corridors, elevators, and other enclosed areas within any City Building. [Section 399-13] Section 399-14 Definitions [CITY OFFICE] WORKPLACE - Any enclosed area of a structure or portion thereof intended for occupancy by city entities which will provide [primarily] labor, Page 56 94-1227.txt clerical, professional or business services to the city, to other business entities or to the public at that location. CITY BUILDING - Any public building or other structure or portion thereof owned, operated, occupied or leased by or to the City of Buffalo, its agencies, boards and commissions and the appropriate officials of such entities. This definition does not extend to properties used for residential purposes or those properties that are operated primarily for non-public purposes. [Section 399-14] [Promulgation of policy.] [Within three (3) months of the adoption of this Article, the employer shall adopt, implement and maintain a written policy which shall contain, at a minimum, the following provisions and requirements:] [A.][Any non-smoking employee may object to smoke in his or her workplace. Using already available means of ventilation or separation or partition of office space, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of non-smoking and smoking employees. However, an employer is not required by this Article to make any expenditures or structural changes to accommodate the preferences of non-smoking or smoking employees.] [B.][If an accommodation which is satisfactory to all affected non-smoking employees cannot be reached in any given office workplace, the preferences of non-smoking employees shall prevail, and the employer shall prohibit smoking in that office workplace. Where the employer prohibits smoking in an office workplace, the area in which smoking is prohibited shall be clearly marked with signs.] [C.][The smoking policy shall be announced within three (3) weeks of adoption to all employees working in office workplaces and posted conspicuously in all workplaces under the employer's jurisdiction.] [Section 399-15] [Additional regulations] [Within three (3) months of the adoption of this Article, the employer shall adopt, implement and maintain a written smoking policy for those areas in buildings under its control not regulated by Section 399-14 herein.] Section 399-15 Posting of notice. The employer or occupant managing the City Building or Premises wherein a smoke free environment has been hereby created shall post in conspicuous places signs that are clearly visible and at least eighteen (18) inches long and twelve (12) inches high, with red lettering on a background, such lettering being at least two and one-half (2 1/2) inches high, which shall read as follows: SMOKING PROHIBITED IN ALL AREAS Under Penalty of a Fine Pursuant to Chapter 399 Article IV of The Code of the City of Buffalo. Section 399-16 Enforcement A.It shall be the duty of the Commissioner of Police, the Commissioner of Fire and the Commissioner of Public Works to enforce this article. B.For those persons leasing property from the City, the lessee shall be responsible for ensuring that this article is enforced. Section 399-17 Penalties for offenses. Any person violating the provisions of this Article shall be subject to a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) for each such violation. Section 399-18 Effective Date This Article shall become effective April 1, 1995. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets[ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 177 By: Mr. Bell Page 57 94-1227.txt Intent of BURA To Amend Waterfront U.R. Plan Whereas; the Buffalo Urban Renewal Agency, a public benefit corporation created pursuant to Article 15-B of the General Municipal Law of New York State ("BURA"), has enacted an urban renewal plan for an area of the City of Buffalo waterfront, known as "the Crossroads"; and Whereas; during the development of a new arena on the site, to be known as "Crossroads Arena", it has become apparent that the aforesaid urban renewal plan will have to be amended to accommodate the evolving arena plan; and Whereas, the process of amending an urban renewal plan takes approximately six weeks to two months, and Whereas, the closing of all definitive agreements among the developers and the public and private lenders is scheduled to take place on or before December 31, 1994; and Whereas, the amendment of the waterfront urban renewal plan cannot be accomplished before the deadline for closing of the definitive agreements; and Whereas, the passage of a resolution outlining the intent to amend, and the extent of an amendment to the waterfront urban renewal plan will provide assurance to the developers and the public and private lenders of BURA's desire to accommodate the planning changes for the Crossroads Arena; Now Therefore, Be It Resolved that BURA intends on amending the waterfront renewal plan as follows: 1.Baltimore Street will be rehabilitated as a cobblestone street provided the developer agrees to maintain Baltimore Street for the life of the Project, and to indemnify and hold harmless the City and the Buffalo Urban Renewal Agency for any cause or causes of action arising in connection with Baltimore Street and any expenses or losses connected with Baltimore Street. The waterfront renewal plan will be amended to permit the City to grant a license or lease allowing Baltimore Street to be closed for events at the Crossroads but otherwise remain open to traffic consistent with the renewal plan. 2.The entire block between Baltimore and Columbia Streets is necessary for the parking requirements of the Crossroads Arena. BURA will seek to acquire this entire parcel through eminent domain. 3.The current urban renewal plan contains parking lot configurations with curbed islands with grass and trees. Because of budget constraints, the expense of these structures, as well as the impingement on the number of parking spaces available, such structures may be impossible to accommodate. The developer has indicated a desire to landscape the periphery of the lots and to provide safe and efficient parking for patrons of the Crossroads Arena. Therefore, the plan will be amended to delete the "island requirement". 4.The developer is requesting the City of Buffalo to allow a portion of the right-of-way on South Park Avenue between Main Street and the loading dock at the southeast corner of the new arena to be used for a wind and design mitigating structure. This strip will contain earthen berms, walkways and plantings which will provide design and wind mitigation along the southern portion of the new arena. 5.The plan will be further amended to accomplish the following changes: (a)The set-back on Perry Street from the parking structures will be greater than originally planned. This is being done to allow for greater pedestrian access and to allow room for landscaping and tree plantings to establish a plaza-like setting. (b)The height restriction under the plan is being exceeded by the new arena by approximately eighteen inches. The plan will be amended to accommodate this difference. (c)The atrium canopies along Perry Street will encroach slightly into the City's right of way. While this encroachment will have to be approved by the City, it will require a plan amendment. While this resolution will not accomplish the amendments being sought, it is an evidence of the intent of the Agency to proceed with the amendment process to accomplish the changes outlined herein. ADOPTED. No. 178 By: Mr. Collins Page 58 94-1227.txt Bond Resolution $100,000 Bonds Restoration of Monuments Account No. 200-717-028 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City, to finance the cost of the restoration of monuments located in the City, at the estimated maximum cost of $100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City") , is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $100,000, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") ; to finance the cost of the restoration of monuments located in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1994-95, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Restoration of Monuments, 1994-1995," Bond Authorization Account No. 200-717-028, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This resolution is a declaration of official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a)The period of probable usefulness applicable to the for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 35. of the Local Finance Law, is five (5) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within Page 59 94-1227.txt twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: December 27, 1994 LAID ON THE TABLE. No. 179 By: Mr. Collins Set Public Hearing Chester Street III New Housing Project Approval of Land Disposition Agreement Omega Homes, Inc. Whereas, Omega Homes, Inc. and/or other legal entity to be forme (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of seven (7) residential units of new housing known as the Chester Street Phase III New Housing Project in the Community Wide Urban Renewal Demonstration Program Area and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1.That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 30th day of December 1994. 2.That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 10th day of January 1995 ADOPTED. No. 180 By: Mr. Coppola Request Meeting With George Pataki Whereas:On January 1, 1995, the Empire State's new Chief Executive Officer, George E. Pataki, will be sworn into office; and Whereas:As the legislative leaders of the City of Buffalo, this Common Council finds itself faced with social, fiscal, and moral problems of a magnitude that is almost overwhelming and which will require effective and enlightened leadership from the executive offices in Albany; and Whereas:This Common Council is confident that the new governor will do his utmost to supply this type of leadership, so that as a team, working together with our mayor, the Honorable Anthony M. Masiello, we can build a future which significantly improves the quality of life for the citizens of our city. Now Therefore Be It Resolved that This Common Council of the City of Buffalo congratulates George E. Pataki and pledges its wholehearted cooperation in helping him with his enormous task of leading our great state toward the 21st Century; and Be It Further Resolved that The City Clerk send a certified copy of this resolution to Mr. Pataki with notification that this Common Council would appreciate a meeting with our State's new governor at his earliest convenience. ADOPTED. No. 181 By: Messrs. Coppola, Perla, and Zuchlewski Uniform Rezoning of Richmond-Norwood-Ashland Neighborhood Whereas:The City of Buffalo recognizes that strong neighborhoods are essential to the maintenance of the existing quality of life and are a major Page 60 94-1227.txt contributor to the future growth and development of the City of Buffalo as an attractive place to live; and Whereas:Norwood Avenue, Ashland Avenue, and Richmond Avenue and the intersecting streets between Richmond Avenue and Elmwood Avenue, form a vital, attractive residential area within the City of Buffalo which deserves and requires assistance to maintain its strong residential character; and Whereas:The overwhelming use of properties in this area is consistent with R2 zoning; and Whereas:A uniform zoning of this area as R2 would be consistent with the actual residential nature of the district and also would reflect the City's long-range plan to stabilize and improve this area as a key residential neighborhood of the City. Now Therefore Be It Resolved that The Common Council directs the Division of Planning, with the advice and assistance of the Corporation Counsel, to submit a proposal and report with the Division's recommendations to this Council for an amendment of the Zoning Map of the City of Buffalo, to be initiated by the Common Council, to provide for a uniform zoning of the above area as R2; and Be It Further Resolved that It is the intent of this resolution that such proposal should, to the greatest extent practicable, minimize hardship, if any, an existing property owners within this area as a result of such a proposed uniform zoning of the area as R2, while maximizing the benefits of such a zoning; and Be It Finally Resolved that Such proposal and report shall specify: the boundaries of the area to be rezoned to accomplish a proposed uniform zoning; the properties and owners affected thereby; such environmental reviews, if any, which are needed to consider such a rezoning; and the procedures necessary or appropriate to accomplish such rezoning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 182 By: Mr. Czajka Appointment of Legislative Assistant Be It Resolved: That Christopher VanVessem, 143 Jewitt Parkway, Buffalo, NY 14214, be appointed as Legislative Assistant to Councilmember David J. Czajka. This appointment shall become effective January 1, 1995, ADOPTED. No. 183 By: Mr. Czajka Set Public Hearing-Walden Heights New Housing Project Approval of Land Disposition Agreement MJ Peterson/Forbes Housing, Co., James Management, Co. and Marrano Marc Equity Whereas, M.J. Peterson/Forbes Housing, Co., James Management, Co. and Marrano Marc Equity Corporation and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of a thirty-seven market rate single family homes known as the Walden Heights New Housing Project in the Community wide Urban Renewal Demonstration Program Area; 'and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: Page 61 94-1227.txt 1.That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 30th day of December 1994. 2.That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 10th day of January 1995. ADOPTED. No. 184 By Mr. Czajka Condition of At 1143 Seneca Street Whereas:The property at 1 143 Seneca Street is in severely dilapidated condition and has been written for demolition by the city's Property Inspections Department ; and Whereas:This property has been a haven for young children to enter and to cause trouble in for over a year; and Whereas:This property has been re-boarded by the city board up crew on numerous occasions due to the fact that the children who play in and around the property tip the boards off on a regular basis; and Whereas:The owner of this property was due in housing court on May 27, 1994; and Whereas:The owner of the property is deceased and the property has been out of housing court until the new owner can be found; and Whereas:The Inspections Department wrote for a Title Search in July of 1994 to find who the current owner is; and Whereas:The Inspections Department apparently still does not have the Title Search on this property and the property is in even worse condition now then it was in late May of 1994 when the property was initially in housing court; Now, Therefore, Be It Resolved: That the Inspections Department check on the status of the Title Search for this property and report to the Common Council on whether the city should took for another Title Search Company if it takes over five months to receive a Title Search back; and Be It Further Resolved: That 1143 Seneca Street be demolished due to the fact that it is unsafe and has already been written for demolition and the residents of the Seneca-Babcock neighborhood have suffered for over a year with living nearby this dangerous and unappealing structure. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS & COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 185 By: Messrs. Czajka, Pitts and Fahey Support Relocation of Police Academy to Oak Street Site Whereas:The Central Police Services Police Training Academy is presently located at the Erie Community College South Campus; and Whereas:Preliminary negotiations are now being undertaken, involving the County, E.C.C., the Erie County Industrial Development Agency, and other interested parties, to relocate the Training Academy to 275 Oak Street, which currently houses Blue Cross & Blue Shield, but also has ample vacant space; and Whereas:At present, the E.C.I.D.A. leases part of the building and would like E.C.C. to sublease a portion of the second floor for use as an Advanced Training Center. The College would subsequently share space with the Police Training Academy; and Whereas:The Oak Street location is more spacious than E.C.C. South, offering potential for expansion of training services. Availability of an athletic facility and adequate parking are additional concerns being reviewed; and Whereas:A preliminary timeline for relocation to Oak Street anticipates that the E.C.C. programs would move in late spring, 1995, with the Police Training Academy following in late summer, 1995; and Page 62 94-1227.txt Whereas:The city would benefit from the increased police presence that would result from the placement of the Training Academy in downtown Buffalo; Now, Therefore, Be It Resolved: That this Common Council endorse the proposed relocation of the Police Training Academy to 275 Oak Street, offer its assistance in support of the proposal, and encourage all involved parties to expeditiously finalize relocation plans; and Be It Further Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to John N. Cardarelli, Commissioner of Central Police Services, Dr. Louis M. Ricci, President of Erie Community College, County Executive Dennis T. Gorski, the Clerk of the Erie County Legislature, and Buffalo Police Commissioner R. Gil Kerlikowske. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. No. 186 By: Mr. Franczyk South Division New Housing Project Approval of Land Disposition Agreement Gal Developers Inc. Whereas, Gal/Van Developers, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of one (1) residential unit of new housing known as the South Division New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1.That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 30th day of December 1994. 2.That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 10th day of January 1995. ADOPTED. No. 187 By: Mrs. Lockwood Request Persons convicted in City Court to Reimburse City for Services Rendered to Correct Violations Whereas:Violations of the Code and Ordinances of the City of Buffalo are routinely cited by Buffalo Police or City Inspectors and referred to City Court for adjudication; and Whereas:City Court has total jurisdiction to levy and collect fines for violations of the City code and ordinances; and Whereas:The City expends enormous amounts of dollars and manpower in efforts to identify offenders, aid in their conviction, and also to provide the services necessary to correct sanitation and property violations; and Whereas:In many cases the cost of correcting the violations exceeds the amount of revenue directed to the City through fine collection; and Whereas:A potential remedy to this inequity would be for the Court to mandate, as part of court imposed fines, that all persons convicted in City Court be required to reimburse the city for services rendered in correcting Page 63 94-1227.txt violations; and Now, Therefore,Be It Resolved: That this Common Council requests the Clerk of the City Court to file a report detailing the amounts and dates of deposit for all revenue turned over to the City from fines collected in City Court from January 1994 to present; and Be It Further Resolved: That the Corporation Counsel advise this Council of the steps necessary for the city to seek reimbursement from convicted persons for services rendered to correct violations for which they are responsible. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTION AND COMMUNITY REVITALIZATION, THE CHIEF JUDGE, THE COMMISSIONER OF STREET SANITATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 188 By: Mrs. LoTempio Ordinance Amendment Section 9 of Chapter 35 Salary and Wage Schedule "K" The Common Council of the City of Buffalo does hereby ordain as follows: That part of Subsection (a) of Section 9 of Chapter 35 of the ordinances of the City of Buffalo relating to Salary and Wage Schedule "K" is hereby amended to read as follows: 1994 Salary and Wage Schedule "K" Salary Grade1st Step2nd Step3rd Step4th Step5th Step 15.856.156.436.696.97 This schedule is applicable to members of the School Crossing Guards. This schedule shall be retroactive to July 1, 1994. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 189 By: Mrs. LoTempio Salary Ordinance Amendment 98-Department Of Water 022 - Engineering & Inspection of Water Line The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Department of Water, is hereby amended to read: 1 Principal Engineer$48,930 - $51,377 We, Joseph N. Giambra, Commissioner of Public Works and James B. Milroy, Director of the Budget, hereby certify that the creation of one (1) Principal Engineer is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 190 By: Mrs. LoTempio Salary Ordinance Amendment 50 - Department of Human Resources 4 - Division of Substance Abuse Services Page 64 94-1227.txt 011 - YDA-DACC Narcotic Control Program The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Department of Human Resources - 50-4-011 Division of Substance Abuse Services - YDA-DACC Narcotic Control Program, which reads: 5 Case Manager$22,654 - $25,828 is hereby amended to read: 4 Case Manager$22,654 - $25,828 1 Account Clerk Typist21,126 - 23,588 We, Michael V. Smith, Commissioner of Human Resources and James B. Milroy, Director of the Budget, hereby certify that the elimination of one (1) Case Manager and the of one (1) Account Clerk Typist is necessary for the proper conduct, administration performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 191 By: Mrs. LoTempio Salary Ordinance Amendment Various Departments The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments, which reads: # DEPT Func JOB TITLESALARY RANGE 1 011 -001TYPIST$20,215 - 22,420 1 035 -011BUS DRIVER21,987 - 24,530 1 035 -011SR STENO21,610 - 24,282 1 040 -002ADMIN ASST (DP)25,623 - 29,726 1 040 -002SPV31,858 - 37,173 4 040 -002DATA PR EQUIP OP 23,179 - 26,061 11 041 -001SR AUDITOR30,635 - 34,727 1 061 -001SR BDGT EXAMR40,862 - 48,728 1 064 -013SR ADMIN ASST31,858 - 37,173 12 080 -001ASST CORP COUNS II 45,335 - 56,502 1 090 -001PRIN ASSESSOR38,662 - 46,429 17 104 001LABORER II (Hrly)9.85 - 11.20 3 104-001STOCK CLERK21,126 - 23,588 65 201-021REPORT TECH21,126 - 23,588 1 201- 021SURGEON-PT TIME38,231 1 201- 021TYPIST (DG only)20,215 - 22,420 41 241-011BLDNG INSPTR31,179 - 36,305 3 241-011SR TYPIST21,387 - 23,919 2 241-011STENOGRAPHER20,639 - 22,951 4 242- 021RHAB CONST ANLST 34,446 - 40,457 2 242- 021RHAB LOAN SPLST35,741 - 42,692 2 401- 023T CLK-TYPST21,126 - 23,588 10 401-014ENGR INSPECTOR28,785 - 33,342 9 401- 023LABORER 11 (Hrly)9.85 - 11.20 1 401- 014SR ENGINEER35,455 - 41,594 11 401- 015STRT RPR WKR22,266 - 24,914 1 402- 022ASOC ARCHITECT38,662 - 46,429 1 402- 022ASOC ENGR38,662 - 46,429 4 402-013BINGO INSPECT22,514 - 27,387 1 402- 031BLDG SUPNTNT35,741 - 42,692 Page 65 94-1227.txt 4 402 -031CARPENTER23,715 - 26,793 23 402- 031LABORER I9.02 - 10.24 5 402 -031LABORER II (Hrly)9.85 - 11.20 1 402 -031LABORER II (Daily)82.52 - 94.10 1 402 - 031MARINE ENGINEER31,500 1 402 - 031SPRTNT MAINT29,483 - 34,355 3 402 - 022SR ARCHITECT35,455 - 41,594 12 402 - 031SR FC STAT ENGR26,180 - 30,728 21 601 - 011PARK UTIL WKR22,835 - 25,665 16 602 - 011REC INSTRUCTOR22,257 - 25,135 2 70 - 012EXTERMINATOR22,266 -24,914 8 70 - 011HEAVY EQPT OP23,715 - 26,793 46 700 - 011LABORER 11 (DLY)82.52 - 94.10 27 700 - 011SANIT WRKR21,987 - 24,530 1 700 - 032SPRT FLEET MTC33,430 - 39,426 19 700 - 011SPVSR ST SAN I25,308 - 28,875 88 700 - 011TRUCK DRIVER22,266 - 24,914 1 711 - 001PROJECT COORD35,455 - 41,594 1 717 - 021ASST DIR PRGMNG 38,684 - 45,670 1 717 - 021PGM SCHD MONTR 31,050 - 36,322 8 980 - 021ACCT CLK TYPIST21,126 - 23,588 1 980 - 022ACNT CLK TYPIST21,126 - 23,588 1 980 - 022ASOC ENGR HYD38,662 - 46,429 1 980 - 022ASST ENGINEER29,653 - 34,727 4 980 -014PUMPING PLT OP29,184 - 35,000 is hereby amended to read: # DEPT/ Func JOB TITLESALARY RANGE 0 011- 001TYPIST$20,215 - $22,420 0 035- 011BUS DRIVER21,987 - 24,530 0 035 -011SR STENO21,610 - 24,282 0 040 -002ADMIN ASST (DP)25,623 - 29,726 0 040 -002SR COMP SHIFT SUPV 31,858 - 37,173 3 040 -002DATA PR EQUIP OP 23,179 - 26,061 10 041 -001SR AUDITOR30,635 - 34,727 0 061 -001SR BDGT EXAMR40,862 - 48,728 0 064 -013SR ADMIN ASST31,858 - 37,173 11 080 -001ASST CORP COUNS II 45,335 - 56,502 0 090- 001PRIN ASSESSOR38,662 - 46,429 16 104 -001LABORER II (Hourly) 9.85 - 11.20 1 104 - 001STOCK CLERK21,126 - 23,588 64 201- 021REPORT TECH21,126 - 23,588 0 201- 021SURGEON-PT TIME38,231 0 201- 021TYPIST (DG only)20,215 - 22,420 40 241- 011BLDNG INSPTR31,179 - 36,305 2 241- 011SR TYPIST21,387 - 23,919 1 241- 011STENOGRAPHER20,639 - 22,951 3 242- 021RHAB CONST ANLST 34,446 - 40,457 1 242- 021RHAB LOAN SPLST35,741 - 42,692 1 401- 023ACNT CLK-TYPST21,126 - 23,588 6 401- 014ENGR INSPECTOR28,785 - 33,342 8 401- 023LABORER II (Hourly) 9.85 - 11.20 0 401- 014SR ENGINEER35,455 - 41,594 9 401- 015STRT RPR WKR22,266 - 24,914 0 402- 022ASOC ARCHITECT38,662 - 46,429 0 402- 022ASOC ENGR38,662 - 46,429 2 402- 013BINGO INSPECT22,514 - 27,387 0 402- 031BUILDING SUPNTNT 35,741 - 42,692 3 402 - 031CARPENTER23,715 - 26,793 20 402- 031LABORER I9.02 - 10.24 4 402- 031LABORER II (Hrly)9.85 - 11.20 0 402- 031LABORER II (Daily)82.52 - 94.10 0 402- 031MARINE ENGINEER31,500 0 402- 031SPRTNT MAINT29,483 - 34,355 Page 66 94-1227.txt 2 402- 022SR ARCHITECT35,455 - 41,594 9 402- 031SR FC STAT ENGR26,180 - 30,728 18 601- 011PARK UTIL WKR22,835 - 25,665 15 602-011REC INSTRUCTOR22,257 - 25,135 1 70- 012EXTERMINATOR22,266 - 24,914 7 70- 011HEAVY EQPT OP23,715 - 26,793 45 700- 011LABORER II (DLY)82.52 - 94.10 22 700-011SANIT WRKR21,987 - 24,530 0 700 032SPRT FLEET MTC33,430 - 39,426 18 700- 011SPVSR ST SAN I25,308 - 28,875 84 700- 011TRUCK DRIVER22,266 - 24,914 0 711- 001PROJECT COORD35,455 - 41,594 0 717 - 021ASST DIR PRGR38,684 - 45,670 0 717- 021PGM SCHD MONITR 31,050 - 36,322 7 980- 021ACCT CLK TYPIST21,126 - 23,588 0 980- 022ACNT CLK TYPIST21,126 - 23,588 0 980- 022ASOC ENGR HYD38,662 - 46,429 0 980- 022ASST ENGINEER29,653 - 34,727 3 980- 014PUMPING PLT OP29,184 - 35,000 We, Anthony M. Masiello, Mayor and James B. Milroy, Director of the Budget, hereby certify that the foregoing changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, hereby certify that the position of the City will be subserved by the elimination of the positions set forth in the foregoing ordinance. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 192 By: Mrs. LoTempio Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263 of Chapter 175 - Fees, of the Code of the City of Buffalo, be amended to read as follows: Chapter 263, Licenses 263-12, Alarm services Excessive avoidable alarm fines [More than 3] 4 to 7 excessive($40.00] $50.00 each avoidable alarms within a twelve-month period More than 7 excessive avoidable$100.00 each alarms within a twelve-month period Approved As To Form Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 193 By: Mrs. LoTempio Ordinance Amendment Chapter 263-12 - Alarm Ordinance The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263-12 of the Code of the City of Buffalo be amended to include the following: 263.12. Alarm devices or systems. General definitions. Page 67 94-1227.txt The following terms and words, when used in this section, shall have the meaning and effect as follows: ALARM DEVICE OR SYSTEM - A device or an assembly of equipment which is designed to detect smoke, abnormal rise in temperature, fire, medical emergency or an entry into or exit from a building, structure or facility and by reason thereof emits an audible response intended to alert persons outside of the premises and/or transmit a signal or message to an emergency agency either directly or through a private answering point. ALARM USER - A person, firm, partnership, association, corporation, company or organization of any kind which owns, controls or occupies any building, structure or facility wherein an alarm system is maintained. AUTOMATIC DIALER - A device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. AVOIDABLE ALARM - Any activation of an alarm device or system through intentional or accidental activation, mechanical or electronic failure, malfunction, improper installation, improper maintenance, or the negligence of the owner, user, custodian or lessee of an alarm system or his or her employees or agents which through notification to the Department of Fire or the Department of Police indicates that an emergency situation exists requiring an emergency response in the City of Buffalo when in fact an emergency situation does not exist. (H)Excessive Avoidable Alarms In order to protect and promote the health, safety and general welfare of the residents of the City of Buffalo by reducing the number of avoidable alarms of fire, intrusion, holdup or other emergencies which contribute to ineffective utilization of police and fire emergency agencies, require emergency responses which are susceptible to high accident rates, interfere with genuine emergencies (responses) and produce unnecessary alarm noise to the surrounding community, and also to encourage owners of alarm systems or devices to maintain such systems or devices in good repair so as to prevent the danger associated with repeated avoidable alarm responses by the Department of Fire and Department of Police, all owners of alarm devices or systems shall be subject to an excessive use fee as specified in Chapter 175 - Fees as a result of any avoidable alarm in excess of three per year, based upon the anniversary date upon which an approval permit for such alarm device or system was issued, for which the Department of Fire or the Department of Police has responded. Any avoidable alarm in excess of three shall be classified as an excessive avoidable alarm for which an excessive use fee shall be charged to the owner of the alarm system or device or to the owner of property monitored by an alarm system or devices. An excessive avoidable alarm shall not include alarms activated by acts of God, such as hurricanes, tornadoes or earthquakes. An owner of an alarm device or system shall mean the person whose name is provided on the approval permit issued for such alarm device or system. (1)When an alarm device or system has activated three avoidable alarms during a permit year, the Director of Licenses shall notify the alarm owner and the owner of property monitored by such alarm device or system in writing, by means of first class mail sent to the address listed on the permit application and to the address to which an emergency response was required, respectively. Such notice shall inform the alarm owner and owner of property monitored by an alarm device or system that additional avoidable alarms will be deemed excessive avoidable alarms subject to an excessive use fee as provided in this section. Such notice shall specify the fee schedule for successive excessive false alarms, and shall state that excessive use fees will be billed to the address listed on the permit application and to the address at which an emergency response was required in the event of additional false alarms within the year. Such notice shall also state that in the event the alarm owner or owner of property monitored by an alarm device or system fails to pay any excessive use fee within 90 (ninety) days after the initial billing, the excessive use fee shall be assessed against the property as a local assessment in accordance with Articles 28 and 29 of the Charter of the City of Buffalo. (2)The Department of Police and the Department of Fire shall regularly Page 68 94-1227.txt conduct an internal review of all avoidable alarm reports and the commissioner of each such department shall designate members of their respective departments to collect such evidence and make recommendations and findings of facts concerning classification of avoidable alarms as excessive avoidable alarms. The Commissioner of Fire and the Commissioner of Police shall make final determinations concerning such classifications, which determinations shall be reviewable only pursuant to Article 78 of the Civil Practice Law and Rules. The Commissioner of Fire or Commissioner of Police shall certify to the Director of Licenses, the property addresses at which three avoidable alarms or at which any excessive avoidable alarms have occurred within thirty (30) days of such occurrence. The Director of Licenses shall establish procedures whereby an alarm owner or owner of property monitored by an alarm system or device may present evidence as to why any such avoidable alarm should not be classified as an avoidable alarm. In order to challenge the classification of a avoidable alarm as an excessive avoidable alarm, an alarm owner or owner of property monitored by an alarm device or system must notify the Commissioner of Fire or the Commissioner of Police in writing, within twenty (20) days after the date of notification to the alarm owner or owner of property monitored by an alarm device or system of the excessive avoidable alarms incurred during the preceding period, except that the first three (3) avoidable alarms may only be challenged within twenty (20) days of notification to an alarm owner or owner of property monitored by an alarm device or system of a fourth avoidable alarm deemed to be an excessive avoidable alarm during a permit year. The failure to give timely notice shall be deemed a waiver of the right to challenge the classification. (3)Each avoidable alarm shall require a report by the responding fire or police officer specifying the location of the alarm, the property address, the time of the alarm, the time of the response, the name of the responding officer and a description of the facts upon which a determination of avoidable alarm may be made. No avoidable alarm shall be classified as an excessive alarm and no fee shall be imposed therefore unless such report is recorded in the regular course of business of the relevant department. (4)The fee for any excessive false alarm shall be billed to the alarm owner and/or owner of the property monitored by an alarm system or device by means of a first class mail. Any such billing shall specify the date and time of each avoidable alarm occurrence leading to and including any deemed to be an excessive avoidable alarm. In the event on nonpayment within ninety (90) days after the initial billing of such excessive alarm occurrence, the excessive use fee shall be assessed against the property in the manner provided by Article 29 of the Charter for local assessments. (I)Automatic dialer feature. No alarm system or device shall have an automatic dialer feature or other type of feature which connects automatically to enhanced 911 emergency telephone system, and there shall be no automatic alarm system with direct communication of any type to an emergency agency, including the Department of Fire and the Department of Police, without prior written authorization from the emergency agency where the alarms terminate. (J)At-risk buildings and/or facilities. There are special considerations that must be addressed in providing fire protection for certain facilities and buildings within the City. At risk buildings and/or facilities that do not have a direct, immediate, speedy means of egress during a fire or emergency situation present a danger to the public health and safety. These facilities, including, hospitals, nursing care, elder care, and handicapped buildings, high rise buildings (more than seven floors), hotels, schools, theaters, and other such areas of assembly where the public is at increased risk during a fire or emergency, shall be protected by an approved, direct, immediate, connection to the City's fire alarm system, provided that connection can be accommodated by the Fire Department, as determined by the Superintendent of Fire Alarms or his designee. (K)Automatic cutoff system required. (1)No person shall install or maintain an external audible alarm device which does not contain an operational automatic cutoff system which turns off the external audible alarm after a period not to exceed ten (10) minutes. (2)An automatic dialer connected directly to an emergency agency shall Page 69 94-1227.txt automatically disconnect and/or terminate its message after the message has been transmitted a maximum of two (2) times. The total transmission time of all messages cannot exceed two (2) minutes. (L)Special Permits. Any alarm user otherwise required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain, and operate an alarm system, is also required to comply with the provisions of this section. (M)User Instruction. (1)Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on the premises effected by the ordinance must furnish the user with instruction that provides information to enable the user to operate the alarm system at any time. The alarm business also must inform each alarm user of the requirement to obtain a permit and where it can be obtained. (2)Standard form instructions shall be submitted by every alarm business to the Director of Licenses. If the Director of Licenses reasonably finds such instructions to be incomplete, unclear or inadequate, the Director of Licenses may require the alarm business to revise the instruction to comply with Chapter 263-12 and then to distribute the revised instruction to its alarm users. (N)Confidentiality and Statistics. All information submitted in compliance with Chapter 263-12 shall be held in the strictest confidence and is deemed public record exempt. (O)Interpretation. This ordinance shall be liberally constructed to effect the purpose of this ordinance and to achieve uniform interpretation and application of this ordinance. (P)Saving Clause. If any subsection, phrase, clause, sentence or word in this section shall for any reason be held invalid or unconstitutional by a court of competent jurisdiction, it shall not nullify the remainder of this Chapter, but shall be confined to the subsection, subdivision, clause, sentence or word so held invalid or unconstitutional. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON FINANCE. No. 194 By: Mrs. LoTempio Exclude Exempt Fire Department Employees From Raises Whereas:Recently, 3.2 percent raises were approved for unionized employees in the Buffalo Fire Department; and, Whereas:Members of Local 282 will receive the increase on January 1, 1995; and, Whereas:It has been normal practice for non-union employees to receive the same percentage raises given to union employees in their unit; and, Whereas:The city is under no contractual obligation to provide such raises to employees of the Fire Department who do not belong to any bargaining unit; and, Whereas:In light of the city's fiscal problems in recent years, many exempt employees in city government have not received the salary increases given to union employees; and, Whereas:It would be beneficial for the city's financial well-being if the raise recently approved for unionized employees in the Fire Department were not given to the department's exempt employees; Now, Therefore Be It Resolved: That the 3.2 percent pay raise scheduled to be paid to members of Local 282 not be provided to exempt employees of the Buffalo Fire Department. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 195 By: Mr. Pitts Indemnification of the Board of Education:, and Acceptance of Page 70 94-1227.txt Funds for the Lighted Schoolhouse Programs. Whereas:The Common Council approved a resolution, C.C.P. #138 September 20,1988, which authorized the Department of Human Resources, through the Division For Youth and others to conduct Lighted Schoolhouse Programs; and Whereas:Approval of each program must be authorized by the Common Council; and Whereas:The Lighted Schoolhouse Program continues to be of great benefit to the citizens of the City of Buffalo enabling citizens to utilize city school buildings in the evening hours during the summer, holidays, weekends and on other occasion; and Whereas:Lighted Schoolhouse Program will be conducted at the following schools; #28, #91, (McKinley); #37, #97 (M.L.K.), #40, #44, #98 (B.U.I L.D.), #54, #56, #81, #99 Traditional, #96 (Campus East), #95 (Humboldt Y.M.C.A.), #38, #45, #94 (Waterfront), #77; #93 (Southside), #18, #11, #259 (Science Magnet), #200 (Bennett), #306 (Seneca), Clark Gym, F.L.A.R.E., Old First Ward. Whereas:The Common Council must also accept, on behalf of the City, the funds allocated by the Buffalo Urban Renewal Agency as follows: December 8,1994, Item 3C in the amount of $298,950 for programmatic cost for the Lighted Schoolhouse Program. Now, Therefore, Be It Resolved: That the Common Council authorizes the Department of Human Resources, through the Division of Youth, various community corporations, civic organizations, and other persons, firm, corporations, and agencies to conduct Lighted Schoolhouse Program, provided that each program and its sponsor be first approved and authorized by this Common Council, that such authorization and approval to be communicated to the Buffalo Board of Education; and Be It Further Resolved: That the City of Buffalo, NY hereby agrees to indemnify and hold harmless the Board of Education of the City School District of the City of Buffalo, NY, of and from any and all manner of action and actions, cause and causes, suits, debts, dues, sums of money, accounts reckoning, bonds, bills specialists, covenants, contracts, variances, trespasses, damages, judgements, extents, executions, claims and demands whatsoever in the law or in equity on account of the conduct of such Lighted Schoolhouse Program undertaking, with prior approval and authorization of the Common Council; and Be It Further Resolved: That the Common Council accepts funds allocated by the Buffalo Urban Renewal Agency as follows: $298,950 for programmatic costs. PASSED. AYES- 12 NOES- 0. No. 196 By: Mr. Pitts Set Hearing-Jefferson Park New Housing Project Approval of Land Disposition Agreement M.J. Peterson/Forbes Housing, Co. Whereas: M.J. Peterson/Forbes Housing, Co. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas: The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of fifteen (15) residential units of new housing known as the Jefferson Park New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas:, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas: Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1.That the City Clerk is hereby directed to publish the notice attached Page 71 94-1227.txt hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 30th day of December 1994. 2.That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 10th day of January 1995. ADOPTED. No. 197 By: Mr. Pitts Set Hearing Peckham Street New Housing Project Approval of Land Disposition Agreement Burke Brothers Construction, Inc. Whereas: Burke Brothers Construction, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas: The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of two (2) residential units of new housing known as the Peckham Street New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas: said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas: Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1.That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 30th day of December 1994. 2.That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 10th day of January 1995. ADOPTED. No. 198 By: Mr. Pitts Felicitation - Eugene M. Fahey Whereas:Eugene M. Fahey has served the citizens of Buffalo with honor and distinction for fourteen years, first as University District and At-Large representative from 1977 through 1983 and, since 1988, as Councilmember-At-Large; and Whereas:Throughout his career as an elected official, Gene combined insight with foresight, leadership with intelligence, and integrity with determination, dedicating his time and talent for the betterment of the city; and Whereas:He displayed the diversity and depth of his interests as a legislator, championing causes such as curfew, noise, and nuisance abatement ordinances; waterfront development tempered by public access and parkland; mandated testing for toxic materials; funding for neighborhood revitalization, cultural programs, and restoration of local artwork; development of a new city Animal Shelter; and legislation to refine Grant in Aid allocations, restructure the Capital Budget review process, and open up Board of Ethics meeting and disclosure practices; and Whereas:Council Majority Leader from 1990 to 1994, Mr. Fahey Chaired the Police Reorganization Task Force and was a member of the Auditorium/Stadium Task Force, the Special Committee on the Budget, and the Civil Service, Claims, and Finance Committees; and Whereas:A modem day Renaissance Man, Gene is a practicing attorney, an avid basketball player, a musician who plays guitar and violin, and a member of numerous organizations including the Knights of Columbus, Deaf Adult Services, the Shakespeare in the Park Steering Committee, and numerous other civic and professional groups; Page 72 94-1227.txt Now, therefore, be it resolved: That this Common Council commends Gene Fahey for his many years of outstanding public service and, as he moves forward in his career as a member of the Judiciary, expresses best wishes for continued success and fulfillment to a true gentleman and dedicated Buffalonian, Eugene M. Fahey. ADOPTED. No. 199 By: Mr. Pitts Engrossed Copy Eugene Fahey Felicitation Now, Therefore, Be It Resolved: That this Common Council authorize an engrossed copy of a felicitation for outgoing Councilmember Eugene M. Fahey at a cost not to exceed $100.00. ADOPTED. No. 200 By: Mr. Zuchlewski Mr. Perla Excused From Council Meeting Now, Therefore, Be It Resolved: That Councilmember Carl A. Perla, Jr. be excused from attendance at stated Common Council meeting of December 27, 1994 due to his absence from the city. ADOPTED. No. 201 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: PETER ADORNETTOJOYCE S. JOWDY DAWN CLARKJOAN ADAMSKI LEONA SZCZEPANSKIVIRGINIA DALE DENA MARIE STAINSBYMARGARET D. BROWN DONNA M. BellPLEZETTA TEAGUE SOPHIA WELSHCARMELO ROSSITTO CAROL A. BENZANTINA MARIANI JANE M. BUCKASCOTT W. GEHL LAWRENCE KENTANTHONY PEZZINO CHARLEEN M. WIILARDPATRICIA M SKINNER NICHOLAS A. PIERINORONALD L. LIEBERMAN MARY ALICE MASONTHOMAS M. WILCOX JENNIFER WACIENGAKATHLEEN A. GRADIEC SANDRA L. GREENKIMBERLY A. LOCURTO CHERYL M. ROTHSTANLEY I.NOWAK CHARLES J. BAKERLYNNETTE M.SCHUSE GLORIA R. BOGDANLOUISE KUREK JUDITH J. PAHNOSKIMBERLY S. KRZEMIEN RISE T. GELLERMARY ANN KELLY BARBARA A. O'CONNELLIRENE KLINKO TERESA M. CARLISLETHOMAS K. BURKE JR. MAUREEN WILSONTHERESA MICHALSKI ELLEN HOFFMANDIANE M.KLAWITTER MADONNA ENRIGHTJULIA L. WHITE NORA A. DIGGINSIRENE MURPHY JILL CRISTHELEN H. WICHER LYNN FOURNIERDENNIS MITCHELL CHRISTINE E. PUMANANCY KOWALEWSKI JULIE L. KEANSEAN D. HILL LINDA SUNDAYHAROLD E. WIGGINS JR. DEBRA T. VOHWINKELCLARA R. SCIANDRA LUANN M. GOETTELLEROY W. BATES JR. Page 73 94-1227.txt CRUCIAN S. MESSINARICHARD F. PEZZINO SCOTT E. HIRSCHDAVID OLIVIERI ADOPTED. No. 202 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required-Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: BAKER THOMAS O.TRACY L. DELUCCI BYRD CARRIE L.MARY MARGARET DEVANY CARBONE CATHERINE M.ANTHONY DOMINO CARBONI JR TRACY A.SHIRLEY A. EL-AMIN CYBULSKI JOHN R.DOROTHEA EVANS D'ORAZIO PASQUALE S.GLORIA FABBRO DICKEY JOHN L.SALLY S. FAULISE DISPENZA RICHARD L.PEGGY J. FELDMANN ELLIS DONNA D.CHRISTINE FERRARACCIO LINDA L. FLEMING FINK EDITH J.SHARON FORTUNATO GERMAIN RICHARD R.RUTH ANN FRANK GLASER HEIDI R.ELAINE GARBE GONZALEZ CONCEPCION THOMAS P. GATTO HUDSON BEVERLY M.MARIE GERARDI KACALSKI JESSCALVIN J. HALL LOSCHIAVO BETH P.ALVIN H. HARGRO MCMAHON JANICESERENA HAYES MCMULLAN RAYMOND J. CONNIE JOHNSON MIMS RUBY C. MONDO ROSALIESOPHIE JURA MOSTILLER BEVERLY A.JAMES M. KRASOWSKI MULVIHILL JUDITH A.PAULA Y. KREGG PALOVICH PATRICIANANCY I. KRUG PASER RENEE H.PETER M. LANE RADZWILL JOHN P.DOREEN M. LEIDOLPH SUMMERS SUSAN V.MICHAEL LYONS THOMAS FLORENCECATHERINE A. MCDERMOTT VANEVERY DONALD A.RICHARD MCDERMOTT WATSON DOUGLAS R.WILLIE B. MCLAUGHLIN WEST DALEMICHAEL J. MCNAMARA WEST EUGENE L.DANIEL R. MEEGAN WILLIAMS JAMES L.DONALD MILLER LINDA MISSO PAMELA K. ASARESEKENNETH E. MOODY ROLAND F. BACONCARLYLE J. MORAN MARILYNN A. MORGAN-BARTH CAMILLE L. COLOSIMOMELINDA MURPHY ROBERTA COAXARINNA NEAL MARY COMERFORDJAMES NOGOWSKI DAVID GANNONPATRICIA NWAOHU ANTOINETTE GENCOTHOMAS P. O'CONNELL CARRIE GENOVESEDONALD A. ORT GERALDINE M. KACZMARZ CHARLES P. PALUMBO CAROLINE J., KAPINOSSANDRA PANARO LINDA KELLYBARBARA C. PANNOZZO PATRICIA K. KIBBYCONCETTA PARISI KAREN A. KOSMOWSKIMILLARD D. PERRY MARILYN LAPINASUZANNE M. PICCOLO GERALD MAIOLAJANICE G. POPIELSKI KATHLEEN A. MARCIANOLAVERNE M. PRESTON Page 74 94-1227.txt CHARLES J. PRIORE MARY K. ADAMSKIJOANNE M. KEARNS NADINE ALVERSONJAMES D. KLEINSMITH PATRICIA AMPLEMENTPETER L KLEMANN JOYCE F. ATWELL JOANNE BARNESROBERT K KRIEGER, JR. SHARON D. BERTHIAUME JOSEPH J. KRYGIER DIANE M. BLACHURADONNA M. KWIATKOWSKI DEBRA A. BLANDOPATRICK LONERGAN JODI L. BOEHEIMMAUREEN M. BRINKWORTH ANTHONY LOTEMPIO BILLIE BROWNSTANLEY J. LOWICKI ROBERT W. BURSHTYNSKI KEVIN J. LUTHRINGER ROBERT CAICORONALD F. MAGRUM AUDREY CANNIZZAROLEWIS J. MAULUCCI RHONDA CANNON NANCY M. CANONICOJOHN L. MCCARTHY BARBARA CASAGRANDETIMOTHY J. MCCARTHY RONALD J. CHRISTOPHER MOLLY L. MCGRATH KAREN CLANCY MICHAEL K. CLARKERAYMOND K. MCGURN DIANE COOKHOLLY J. MCNAMARA MARY COUGHLINLAWRENCE MICHALSKI RUBY CULVERHOUSEPAUL W. MIELCAREK ZOLA DAVISTHOMAS G. MILLS KAREN E. MAHONYJANET M. MITCHEL GREGORY TRAMONTPAMELA A. MIX-RUSH LOUISE CERRONECHARLES P. MOORE NELL R. DALEYJUDITH M. O'DONNELL MARGARET CUMMINGSJACQUELINE M. O'NEILL HERBERT L. BELLAMY JR. RAYMOND OSTROWSKIDAVID E. PAWLIK KEITH DEARMYERPATRICIA A. PELOW JEAN GRAINIKLOUIS J. PETRUCCI ROBERT D. HECHTCATHERINE J. PHILLIPS J. ROGER MCKNIGHTSAMUEL W. PHILLIPS ANNE M. RATHKEITH M. RATHBUN ANGELO G. TIRONEPATRICIA M. REPMAN ROBERT J. ROMAN FRANK A. ROSSI, SR. LARRY J. SCHIVANE MICHAEL J. SCHIEBER MARILYN A. SCINTA JOHN T. SEXTON SUSAN J. SMITH RONALD SOKOLOWSKI V. JAMES SPECIALE PATRICIA D. SUCHARSKI PAULA A. TIRONE JOSEPH R. TOMASULO BETTY J. TRYJANKOWSKI WILLIAM A. WAGNER DAVID L WISCHNEWSKI STEVEN WORONIAK RICHARD ZIELINSKI GARY W. ZIOLKOWSKI HAROLD J. BAUMANNNORMAN J. BIRNER JOSEPH CATANZARO JOANNE W. BROWNECHRIS N. CHIODO PHILIP CONTI, JR. RONALD B. CAREYMICHAEL K. DIFRANCO. JOHN J. EVANS JOEL H. CARTEREARL O. FREE Page 75 94-1227.txt CHRISTINE A. HERRING, RICHARD W. DEGNAN MARTY C. JONES PHILIP J. KARASZEWSKI JOHN J. FAHEYJOHN A. LYDON, JR. CHARLES G. MARTHA ANTHONY V. FAISANELLO ROSEMARY L. MELLING JAMES R. SENECA RUSSELL A. FIORELLADAVID L. WAYNE AUGUSTINE ZOGARIA ALICE H. GARNERANTHONY I . ALESSI RAYMOND BRZEZNIAK ROBERT A. GEMEREKCHRISTINE R. CALLAHAN THERESA E. CALLAHAN ROBERT E. GOREGEORGE CAMPBELL DOMINIC CARNEVALE MAXINE E. HARE JOSEPH A. CARTONIA, JR ROGER J. CHAMBERS ROBERT W. HICKEYGAYLE M. CIRAOLO ANNA CORONADO LUCILLE C. HICKSJOHN CRANGLE, JR. MAUREEN T. CRANGLE JOHN HOLENSKIBRIAN M. DUNN ROBERT FREED ELIZABETH A. KRZEMIENFRANCES A. FURMANEK THOMAS A. GAGLIONE JANE LUSSIERMAURI W. HICKS VICKI J. HOOK ANNA D. MARTINJULIE M. KANE PETER G. KARAMANOS JAMES W. PERRYMARY M. KEANE ARTHUR J. KUTUS ROBERT W. RICEW. SCOTT LEUTHE JOHN N. MACCARONE BARRY R. ROMEOEILEEN MAHONEY MAUREEN S. MCGURN DAVID ROSOLOWSKICHERYL A. MULHOLLAND JOHN D. PERRONE ERIC J. ROSSERMOODY PUGH, JR. BRUCE L. RECLA JAMES R. SCHAABROGELIO RIVERA DENNIS V. RYAN PETER P. SCHIFFERLIJULIA WNEK RYAN SUE ELLEN SLISZ-GALAZKA FRANCIS X. SCHWABNAZARENE SMITH SALINDA SMITH MARGUERITE L. SPEARSRONALD J. SPADONE ALICIA R. SURDYK ROBERT G. SWANCARL E. SZAREK BONNIE JEAN TOLBERT THOMAS G. SZTABALORRAINE P. TURCHIARELLI RONALD A. WENDEL MARGARET H. WADE GERALDINE F. CARDARELLA ROSEMARY FASO CHESTER J. PALUCH CHANTAL MICHAUX ADOPTED. No. 203 Announcement Of Committee Meetings For Week of January 2, 1995 The following meetings are scheduled. All meetings are held in Page 76 94-1227.txt the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted Regular Committees Civil ServiceTuesday, January 3, 1995 - 9:30 AM FinanceTuesday, January 3, 1995 - following Civil LegislationTuesday, January 3, 1995 2:00 PM Econ Dev.Wednesday, January 4 , 1995, 10:00 PM U. R. AgencyWednesday, January 4, 1995 following Economic Development No. 204 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Fahey the Council adjourned at 3:00 P.M. Charles L. Michaux, III City Clerk Board of Police and Fire Pension Proceedings # 11 Mayor's Office - 201 City Hall December 15, 1994 Present: George K. Arthur, Council President-, Anthony M. Masiello, Mayor-, R. Michael McNamara, Deputy Comptroller-3. Absent: None 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 December 1994 amounting to $29,623.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes- 3 Noes- 0 No. 2 Mr. Arthur moved to accept the Treasury Statement of Disbursements for the Fire Pension Payroll for the quarter ended 9/30/94. Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of December 1994 amounting to $29,487.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0 No. 4 The following annuitant has been canceled from the Police Pension Payroll: Emily T. SchulzDied11/13/94 Received and Filed No. 5 Mr. Masiello moved to accept the Treasury Statement of Disbursements for the Police Pension Payroll for the quarter ended 9/30/94. Received and Filed. No. 6 On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 am. Page 77