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HomeMy WebLinkAbout91-0514 1No. 10 Common Council Proceedings of the City of Buffalo Regular Meeting, May 14, 1991 Special Session May 15, 1991 Adjourned Sessions May 16, 17, 20, 22, 1991 Spesial Session May 24, 1991 MAYOR Hon. James D. Griffin COMPTROLLER JOEL A. GIAMBRA COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Eugene M. Fahey COUNCILMEMBERS-AT-LARGE Clifford Bell Eugene M. Fahey Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola - Delaware James W. Pitts - Ellicott David A. Franczyk - Fillmore Norman M. Bakos - Lovejoy David A. Collins - Masten Carl A. PerIa Jr. - Niagara David P. Rutecki - North Brian M. Higgins - South Archie L. Amos, Jr. - University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : James W. Pitts, Chairman, George K. Arthur, Eugene M. Fahey, Carl A. Perla, Jr., Alfred Coppola Members CLAIMS COMMITTEE: Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk, Carl A. Perla, Jr., Archie L. Amos Jr. Members ECONOMIC DEVELOPMENT COMMITTEE : Clifford Bell, Chairman, Archie L Amos, Jr., David A. Franczyk, David Collins, Alfred Coppola, James W. Pitts, Members. FINANCE COMMITTEE : David Collins, Chairman, David A. Franczyk, Carl A. PerIa, Jr., Clifford Bell, Brian M. Higgins, Eugene M. Fahey, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M. Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members RULES COMMITTEE : George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts, Members URBAN RENEWAL: Archie L. Amos, Jr., Chairman, David A. Franczyk. Joel A Giambra, Brian M. Higgins, James W. Pitts. SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV : Hon. David P. Rutecki, Chairman, Hon. Archie L. Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W. Pitts. SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT : David A. Collins, Chairman DOWNTOWN STADIUM OPERATOR : Alfred T. Coppola, Chairman, David A. Franczyk, David A. Collins, Archie L. Amos, Jr. SPECIAL COMMITTEE ON RECODIFICATION: Rosemarie LoTempio, Chairman, Clifford Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F. Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee. COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE : James F. August, James W. Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio, David Collins, Carl A. Perla, Jr.. SPECIAL COMMITTEE-TAYLOR LAW IMPASSE : Carl A. Perla, Jr., Chairman, Alfred T. Coppola, James W. Pitts PARKS DEPARTMENT OVERSIGHT COMMITTEE : James W. Pitts, David A. Franczyk, Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John Scardino, Jr., Representative of the Friends of Olmstead Park, Representative of Delaware Park Steering Committee Representative of Martin Luther King Park Steering Committee, Representative of the Friends of Cazenovia Casino. SPECIAL COMMITTEE - NEGOTIATE ERIE BASIN MARINA LEASE David P. Rutecki, Chairman, James W. Pitts, Carl A. Perla, Jr., David P. Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee. TASK FORCES TASK FORCE ON FEE INCREASES: Clifford Bell, Chairperson, Alfred T. Coppola, Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members. JUVENILE DELINQUENCY TASK FORCE : Christine Garmon, , Commissioner Ralph Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan. TASK FORCE ON DOWNTOWN PARKING : Leona N. Backus, Alfred H. Savage/Designee, Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr. Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T. Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,., HISPANIC TASK FORCE: David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus, Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr., Michael Rivera, Louis Rodriguez, Marcelina Rondon. TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS: Hon. Carl A. Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee, Samuel F. Houston /Designee, Joseph V. Schollard /Designee, Vincent Pellittieri /Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl /Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke, Cathy Szczesny, Kathy Mecca, Members. TASK FORCE- AUDITORIUM-STADIUM: Hon. James W. Pitts, Chairman, Hon. Vincent Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola, Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary Martino/Designee, Hon. Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach. TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR: Jim Forton, Chairperson, Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague, Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman. NOISE ORDINANCE TASK FORCE : State Senator Anthony Masiello, Assemblyman William Hoyt, Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi, Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci, Bernadette Tomaselli, Jean Willett. CHILD CARE TASK FORCE : Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim, Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw, Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary Randolph. MEDICAL BENEFITS TASK FORCE: Richard J. Piontek, Larry Insinna, Mary Ann Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J. Carella, John Walker, John D. Smith. COUNCIL REPRESENTATIVES: BUFFALO URBAN RENEWAL AGENCY: Alfred T. Coppola, George K. Arthur, David A. Collins. ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE : Charles Ruff, Joseph Makowski, Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella, Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha Morgan, Susan Curran. WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE : Hon. David A. Collins, Chairman, Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski, Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO Tuesday, May 14, 1991 at 2:00 P.M. PRESENT - George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Rutecki - 13. ABSENT - None. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held April 30, 1991, were approved FROM THE MAYOR No.1 Reappointment of members of the Buffalo Sewer Authority Pursuant to the powers vested in me by Section 1177 of the Public Authorities Law, I hereby reappoint, subject to confirmation by Your Honorable Body, the below listed persons as members of the Buffalo Sewer Authority, for terms expiring on June 30, 1994: Edward J. Pawlik Henry J. Hahn 851 Parkside Avenue 1735 Seneca Street Buffalo, 14216 Buffalo, 14210 I hereby certify that Edward J. Pawlik and Henry J. Hahn are fully qualified for reappointment to the Buffalo Sewer Authority. REFERRED TO THE COMMITTEE ON LEGISLATION No.2 Local 650 Factfinder's Report Attached please find the report issued by Factfinder Evelyn Hartman to resolve the contract dispute between the city of Buffalo and Local 650 for the contract period July l, 1990 through June 30, 1992. In this report, Factfinder Hartman recommends salary increases of 8.5 to 9.5 percent, and salary upgrades of 2.5 percent. In addition to the salary increases, this report recommends improvements to the following benefits: longevity, acting time, auto allowance, and summer hours. Although the Factfinder also recommends an increased deductible for medical insurance coverage, which results in a cost savings to the City, the net total cost of this Factfinder's report is $2,448,557 or 12.1 percent. The adopted 90-91 budget included a salary adjustment account which would provide a 2 percent salary increase for all city employees. However, the State imposed a mid-year 10 percent cut in revenue sharing for this fiscal year, and together with increased State pension costs, resulted in the loss of $6.7 million to the city. This unprecedented mid-year reduction necessitates the use of the salary adjustment monies to cover these state imposed budget shortfalls in order to avoid ending the fiscal year with a deficit. On top of the problems faced by the City in the current fiscal year, the Governor has recommended an additional $21.5 million reduction in general purpose aid to the City for the fiscal year 91-92. With respect to these imposed and recommended cuts in State Aid, the Governor's budget message mandates that spending must be reduced on all levels of government. It is therefore inconceivable that a State appointed Factfinder would issue a report which recommends such an extravagant increase in expenditures in the wake of the State's revenue reduction to local municipalities and the Governor's call for austerity. In view of the financial problems now facing the City, it is evident that the Factfinder's recommendation of $2,448,557 or 12.1 percent would place an unbearable financial hardship upon the City. I therefore urge you to reject the attached report and impose a 1990-91 settlement which provides no increase in salary or benefits for the union. REFERRED T0 THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No.3 F. Turgeon - Request to Place an Outdoor Patio in Front of an Existing Restaurant at 3403 Bailey Avenue Item No. 110, C.C.P. 4/30/91 The City Planning Board, at its regular meeting held Tuesday, Hay 7, 1991, considered the above application pursuant to Section 511-65 of the Buffalo Code - The Kensington-Bailey Business District. The applicant seeks to place an outdoor patio in front of an existing restaurant. The proposed patio measures 6 feet x 62 feet or 372 square feet in area and will be placed entirely on private property. The site is located in the KB zone, which permits the expansion of eating and drinking places bud only upon the issuance of a restricted use permit by your Honorable Body. Three additional off-street parking spaces are suggested by this expansion. Under SEQR, the proposed outdoor patio may be considered an Unlisted Action, which may be studied through uncoordinated review. The Planning Board voted to approve the patio with the following conditions: 1. That it be opened no later than 11:00 p.m. daily; 2. That no music is played in patio area; and 3. That no trash receptacles be placed in the patio area. RECEIVED AND FILED No.4 D. Alfieri - Application to Place an Outdoor Cafe in the R.O.W. at 1669 Hertel Avenue Item No. 111, C.C.P. 4/30/91 The City Planning Board, at its regular meeting held Tuesday, Hay 7, 1991, considered the above application pursuant to 413-59 and 511-59 of the Buffalo Code - Review of Sidewalk Cafes, and the expansion of an eating and drinking place in the Hertel Avenue District. The applicant seeks to expand an existing eating and drinking place to include a sidewalk cafe. The proposed cafe will measure 7 feet x 55 feet or 385 square feet in area and will be built entirely in the public right-of-way. The Hertel Avenue District permits such expansions but only upon the approval of your Honorable Body. Under the Zoning Ordinance, the proposed expansion would suggest an additional 3 off-street parking spaces. With regard to the sidewalk encroachment, the proposed cafe will occupy a portion of Hertel Avenue, which has a 100-foot right-of-way and 55-foot pavement width. Therefore, 22 1/2 feet of sidewalk exists from the subject property line to the curb. The 7-foot sidewalk cafe will leave 15 1/2 feet of unobstructed sidewalk. Furthermore, no public appurtenances will be affected by the cafe. Lastly, under SEQR, the cafe is considered an Unlisted Action, which may be studied through uncoordinated review. The Planning Board voted to approve the expansion and the sidewalk cafe with the following conditions attached to the latter: 1. That no music be played in the cafe area; 2. That no trash receptacles be placed in the cafe area; and 3. That the cafe be opened no later than 11:00 pm. daily. RECEIVED AND FILED No.5 Mobil Oil - Request to Place a Truckloading Rack and Other Improvements at 1 Babcock St. Item No. 112, C.C.P. 4/30/91 The City Planning Board, at its regular meeting held Tuesday, May 7, 1991, considered the above application pursuant to Section 511-67 of the Buffalo Code - The Buffalo River Special Coastal Review District. The applicant seeks to construct a three-bay (1,400 square feet) tanker truckloading rack canopy, a 16 foot x 12 foot foam building to provide fire protection to the proposed loading rack and its environs, a 12,000 gallon, double wall, fiber glass, underground tank for contaminant around the proposed rack, modification to existing buildings, and related paving and site work. The site is located in an M3 zone, which permits such uses. The site is also overlain by the Coastal Review District, which requires the approval of your Honorable Body for a restricted use permit. In this vein, it should be noted that the proposed new construction and renovation will be 750+ feet from the Buffalo River and therefore will not involve the 25 foot riverfront setback. Under SEQR, the proposed renovation is considered an Unlisted Action, which may be studied through uncoordinated review. The site's proximity to the Mobil Oil inactive toxic waste site (No. 914050) was discussed but found not to be a potential threat to the environment. Given this, the Planning Board voted to approve the application as presented. RECEIVED AND FILED No.6 Siegel, Kelleher, Kahn Application to Place an Illuminated Ground Sign at 420 Franklin Street Item No. 113, C.C.P. 4/30/91 The City Planning Board, at its regular meeting held Tuesday, May 7, 1991, considered the above application pursuant to Section 387-19 of the Buffalo Code - The Review of Ground Signs. The applicant seeks to place an illuminated ground sign with an oval signface area of approximately 21 square feet. The overall height of the proposed sign will be 7 feet 10 inches. The site is located in a C2 zone, which permits such signs but only upon the approval of your Honorable Body. The site is also located in the Allentown Preservation District. In this regard, it should be noted that the Buffalo Preservation Board has reviewed the proposed sign and approved it but with a shorter overall height of 5 feet 6 inches. The applicants informed the Planning Board that they had initiated an appeal of the Preservation Board's decision to your Honorable Body. Under SEQR, the proposed sign is considered an Unlisted Action, which may be studied through uncoordinated review. This notwithstanding, the Planning Board voted to approve the sign as presented (i.e., 7 feet 10 inches in overall height) on the grounds that the lower height would not be feasible since an existing fence would interfere with it. RECEIVED AND FILED. FROM THE BOARD OF STADIUM AND AUDITORIUM No.7 EMERGENCY REPAIR TO FIELD TARP COVER AT PILOT FIELD STADIUM We are hereby notifying the Council of an emergency situation that existed at Pilot Field Stadium due to severe wind storms on both April 10th and 15th 1991. It was determined that immediate action be taken on the repair Of the tarp which covers the infield playing area of the field. It was felt that without this immediate repair the field would be left exposed to continued poor weather conditions causing a possibility in the cancellation of baseball games resulting in lost revenue to the City. Custom Canvas was called in to repair the tarp as they where the company it were purchased through, through the formal bid process and had immediate access to all matching repair materials. The cost of this repair for damage done April 10, 1991 was $896.00 and April 15, 1991 was $1,340 for a grand total of $2,236 MR. FAHEY moved: That the communication from the Director of Stadium and Auditorium, dated April 30, 1991, be received and filed; and That the award by the Director of Stadium and Auditorium of an emergency contract to Custom Canvass in the amount of $2,236.00 for emergency repairs to the tarp at Pilot Field due to windstorm damage on April 10, 1991 and April 15, 1991, be, and it hereby is, ratified, approved and confirmed. PASSED AYES-13 NOES-0. FROM THE MAYOR'S OFFICE FOR SENIOR CITIZENS No.8 Emergency Breakdown Vehicle XOl On March 12, 1991 Vehicle XOl (Bus) broke down due to loss of oil pressure, loud engine noise. It was towed to Southside Auto and Truck to determine problem. Upon partial engine disassembly, it was determined that broken rod was cause of noise and loss of oil pressure. As bus could not be driven, we had 2 choices--replace or rebuild motor (approx. same cost either way). It was decided to replace motor, as the original had over 200,000 miles. Repairs amounted to $2,000.00 (P.0. 10609900). MR. FAHEY moved: That the communication from the Executive Director, of the Mayor'S Office for Senior Citizens, dated May 7, 1991, be received and filed; and That the award by the Executive Director of the Mayor's Office for Senior Citizens of an emergency contract for a new engine for Bus XOl to Southside Auto & Truck, be, and the same hereby is, ratified, confirmed and approved. PASSED. AYES-13 NOES-0 No.9 Emergency Breakdown Vehicle X6 On April 19, 1991, Vehicle X6 was losing coolant and overheating. It was driven to Riverview Garage for determination of repairs. Coolant lines to rear heater rotted and leaking. As vehicle could not be driven any distance without overheating, no bids were possible. -Repairs amounted to $163.20 (P.0: #10609960) MR. FAHEY moved: That the communication from the Mayor's Office for Senior Citizens dated May 7, 1991 be received and filed; and That the award by the Executive Director of the Mayor's Office for Senior Citizens of purchase order #10609960 to Riverview Garage for emergency repairs to Vehicle X6 be, and it hereby is, ratified, confirmed and approved. PASSED AYES-13 NOES-0. No.10 Emergency Breakdown Vehicle X6 On April 12, 1991, Vehicle X6 lost braking power. Vehicle was towed to Riverview Garage for determination of reason(s) for loss of brakes. Rear shoes, wheel cylinders and brake line needed to be replaced. As vehicle was disabled,, no bids were possible. Repairs amounted to $216.76 (P.0. #10603790) MR. FAHEY moved: That the communication form the Executive Director of the Mayor's Office for Senior Citizens dated May 7, 1991 be received and filed; and That the award by the Executive Director of the Mayor's Office for Senior Citizens of purchase order #10603790 to Riverside Garage for emergency repairs to vehicle X6 be, and it hereby is, ratified, confirmed and approved. PASSED AYES-13 NOES-0. No.11 Emergency Breakdown Vehicle X8 On April 23, 1991, Vehicle X8 experienced steering loss (front wheel caved in). Vehicle was towed to Southside Auto and Truck for determination of repairs. Ball joint idler arm and brake hose needed to be replaced. As vehicle was not driveable, no bids were possible. Repairs amounted to $192.91 (P.W. #10609940) MR. FAHEY moved: That the communication from the Executive Director of the Mayor's Office for Senior Citizens dated May 7, 1991 be received and filed; and That the award by the Executive Director of the mayor's Office for Senior Citizen's of purchase order #10609940 for emergency repairs to Vehicle X8 in the amount of $192.91 be, and the same hereby is, ratified, confirmed and approved. PASSED AYES-13 NOES-0. No.12 Riverside Center Item No. 213, C.C.P. 04/30/91 1st. Resolve Total Center Personnel Specialist Supv. - 5 Specialist 1 Rec. Instructor 1 Senior Aides 7 Laborer I 1 Assigned as follows: South Park Center Senior Citizen Specialist Supv.(1) Commodore Perry Recreation Instructor (1) Lincoln Senior Aide (2) Schiller Park Senior Aide (1) Ulinski Senior Citizen Specialist Supv.(1) Senior Aide (1, on medical leave) Richmond-Summer Senior Citizen Specialist Supv.(1) West Side Senior Aide (1) Holling Senior Citizen Specialist Supv.(l) East Clinton Senior Citizen Specialist Supv.(l) Senior Aide (1) Laborer I (1) Riverside Senior Citizen Specialist (1) Tosh Collins Senior Aide (1) Upon mutual agreement, Patricia Bartolone (2 other staff members declined) was transferred from Riverside to East Clinton. No other transfers or reassignments. The request for one Senior Citizen Specialist has been authorized by the Budget Office 2nd., 3rd. 1 4th Resolve A permanent Senior Citizen Specialist was assigned to the Riverside Center May 6, 1991. As the person assigned to the Riverside Center has an extensive background working with the elderly The Mayor's Office for Senior Citizens feels there is no need at the present time to request the Budget Office to initiate a salary ordinance for an additional Senior Citizen Specialist Supv. to run the Riverside Center. There was no cutback in hours, as the Center was open 8:30-4:30 Monday-Friday, and all daily programs continued as scheduled. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMPTROLLER No.13 Balance Sheets and Supporting Schedules For the 2 Month Period Ending August 311 1990 I transmit herewith various balance sheets and statements for July and August, 1990 showing the condition of all funds and accounts for the months of July and August of 1990 ending August 31, 1990. RECEIVED AND FILED No.14 Permission to Negotiate 200 Howell, W 52' S Chandler Lot Size: 21' x 90' Assessed Valuation: $430. The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Ronald Wilson, of 196 Howell Street, Buffalo, New York to purchase the above referenced property. Mr. Wilson wishes to build a garage on the property. The Department of Inspections and Community Revitalization and the Department of Community Development have been contacted and they have no objection to the sale of this property. This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your Honorable Body the results of the negotiations. MR.FAHEY moved: That the communication from the Office of the Comptroller, dated May 9, 1991, be received and filed; and That the Comptroller be, and he hereby is, authorized to enter into negotiations with Ronald Wilson, 196 Howell Street, Buffalo, New York, for the purchase of City property commonly known as 200 Howell Street, W. 52' S. Chandler, Lot Size 21' x 90'; and That the results of said negotiations be reported to this Honorable Body. ADOPTED. No.15 Results of Negotiation 52 Guilford, West 485.56' North of Broadway Lot Size 30' x 115' Assessed Valuation: $900 Item #12 C.C. P. November 13, 1990 In the above Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Samuel Burnett and Angelette Burnett, his daughter, of 54 Guilford Street, Buffalo, New York for the purchase of the above referenced property. The Burnetts intend to purchase the subject property, which is adjacent to their home, for additional yard space. An independent appraisal of the property was submitted to the Division of Real Estate by Chester S. Zukowski, 3790 Broadway Street, Buffalo, New York 14227. Mr. Zukowski has estimated that the fair market value of the property to be Three Hundred Dollars ($300) which represents about Nine Cents ($.09) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. The sale prices in the area of the subject range from Twenty-Nine Cents ($.29) a square foot to Thirty-One Cents ($.31) a square foot; indicating a range of value for the subject to be One Thousand Dollars ($1,000) to One Thousand Seventy Dollars ($1,070). The results of our negotiations are that Mr. Samuel Burnett and Angelette Burnett, his daughter, have agreed and are prepared to pay Nine Hundred Dollars ($900) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax and costs of the legal description. I am therefore recommending the sale of 52 Guilford Street, to Mr. Samuel Burnett and Angelette, his daughter, of 54 Guilford Street, Buffalo, New York, in the amount of Nine Hundred Dollars ($900). MR. FAHEY moved: That the communication from the Office of the Comptroller, dated May 8, 1991, be received and filed; and That the offer of Samuel Burnett and Angelette Burnette, 54 Guilford Street, Buffalo, New York, in the sum of $900.00 to purchase the property located at 52 Guilford, West 485.56' North of Broadway, Lot Size 30' x 115', be and hereby is accepted; and That the appraisal report requested by the City will be paid by the purchaser; and That the Mayor be, and he hereby is, authorized to execute a deed, and the Comptroller be, and he hereby is, authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES-13 NOES-0. No.16 Women for Human Rights and Dignity Request to Transfer 8, 11, 29 and 31 Buell Street and 544 and 546 Humboldt Parkway Item #116, C.C.P. 4/16/91 This office has been requested to respond to the above referenced item regarding site acquisition of six (6) parcels of City owned property on Buell Street and Humboldt Parkway respectively. Please be advised that this office has fully investigated this request up to and including speaking with Mr. Peter Brest, Associate Commissioner of the New York State Department of Social Services, Office of Shelter and Supported Housing, in efforts to identify the availability of funding for the purchase of this real property. It should be noted that Women for Human Rights and Dignity applied for and will receive a grant in excess of $700,000 with which to construct new housing on Humboldt Parkway and Buell Street in the Masten District. Mr. Brest informed this office that there are no provisions in the grant for site acquisition. The State views this project as very worthwhile as evidenced by their awarding the grant and further anticipated a token transfer of 11 parcels by the City as our contribution to the success of this project. This is, essentially, a 3-phase project consisting of two (2) separate transfers of property with the third phase being the actual construction. The first phase was accomplished through Item #228, C.C.P. 10/16/90 and the deed was filed on February 2, 1991. The second phase is spoken to in Item #116, C.C.P. 4/16/91 and again seeks the transfer of the bulk of the required property. Please note that both communications were designed for a token transfer and not to a negotiated private sale. This project clearly emerges as a public benefit and my office is in full support and stands ready to assist in any manner that is required. We do, however, request that Your Honorable Body clarify its intent by approving an item that speaks to a transfer rather than a negotiated private sale. In doing so you will have set the record straight and facilitated our efforts to consumate this transaction. Such activity would recognize the superlative efforts already put forth by the sponsors of this project and would further augment New York State's efforts to provide needed housing within our City. REFERRED TO THE COMMITTEE ON FINANCE. No.17 Use of Former School 29 2219 South Park Avenue Rooms #101, 102, 103, 104 & Gymnasium This item is being submitted as a point of information. The Division of Youth, which is a City agency, has recently requested the use of rooms 101, 102, 103, 104 and gymnasium to be used for youth programs and storage. These are the same rooms that were previously used by the Police Athletic League, which no longer exists. Since they are a City agency, rental consideration will not be paid for use of the above mentioned rooms. Therefore, this office recommends acceptance of their request, providing the Law Department has no other concerns or objections. MR. FAHEY moved: That the communication from the Office of the Comptroller dated May 9, 1991 be received and filed; and That the request by the City Division of Youth to use Rooms 101, 102, 103 and 104 and the Gymnasium in former School 29, at 2219 South Park Avenue, for youth programs and storage, be, and the same hereby is, approved. PASSED. AYES-13 NOES-0. No.18 Revised List of Bond Closeouts Item No, 29, C.C.P., 4/16/91 The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonably anticipated that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00) The Division of Accounting has discussed the following accounts with the Division of administration and Finance who in turn reviewed them with various department heads and determined the following accounts: 1. Have a balance too small to proceed with the project, 2. Have no further commitments, or 3. Will not be used since the project is complete. For the aforementioned reasons, the following bond accounts should be closed. UNENCUMB -RESTRCTED UNRESTRCTD ERED FOR FUTURE FOR 1991-92 BALANCE DEBT DEBT ACCNT# 200PURP0SE 4/5/91 SERVICE SERVICE 101-017 Purch. Motor Vehicles-Pks $ 1,394.56 $ $ 1,394.56 401-034 Plans for Downtown Streets18,393.00 18,393.00 401-078 Resurfacing of parking Lots14,667.89 14,667.89 401-079 Reconstr Ferry Lift Bridge 6,749.37 6,749.37 401-079 Reconst of N. Falls Blvd 19,089.09 19,089.09 401-520 Reconst of Elmwood 2,848.89 2,848.89 401-531 FDA LFW Settlements 47. 43 47. 43 402-004 Shoshone Shelter House3,296.76 3,296.76 402-014 Expansion Lincoln F.Hse 34,180.90 34,180.90 402-025 Reconstr Delaware Labor Ctr 104.81 104.81 402-038 Prospect Park Shelter House171.56 171. 56 402-039 Reconstr City Hall Bldg .96 .96 402-045 Plans-Expan Lincoln Field Hs47,643. 59 47,643. 59 402-055 Reconstr Fire Dept Bldgs. .09 .09 402-067 Reconstr JFK Community Ctr .62 .62 402-079 Const Jefferson-Riley Fire 22.06 22.06 402-084 Const W.Side Community Ctr2,595.64 2,595.64 402-097 Reconstr Schiller Park Pool .86 .86 717-007 Reconstr Mungovan Playgrnd9,615.92 9,615.92 717-011 Const Polonia Playgrnd 54.48 54.48 717-012 Ellicott District Development 4,237.30 4,237.30 717-026 Improv to Mulroy Park 1,123.96 1,123.96 717-080 Misc Improv New Housing 13,546.10 13,546.10 717-091 Const Downtown Stadium .95 .95 717-092 Improv - Strategy Areas .08 .08 717-093 Acquis Land Polish Comm Ctr1,533.19 1,533.19 717-099 Reconstr Roosevelt Park 11,503.00 11,503.00 717-500 Lovejoy Pool Program 44.683.24 44.683.24 $237.506.30 $137.576.3 $ 99.929.95 Upon favorable action by Your Honorable Body, I will close the bond accounts and $123,265.45 of the amount restricted for future debt service will be used as a resource in the 1991-92 Capital Debt Service Fund Budget, and the unrestricted amount will also be used as a resource for the 1991-92 Capital Debt Service Fund Budget. MR. FAHEY moved: That the communication from the Comptroller dated May 8, 1991, be received and filed; and That the Comptroller be, and he hereby is, authorized to close out the bond accounts listed in the above-referenced communication, and that he be, and he hereby is, authorized to use $123,265.45 of the amount restricted for future debt service as a resource in the 1991-92 Capital Debt Service Fund Budget, and that he be, and he hereby is, authorized also to use the unrestricted amount as a resource in the 1991-92 Capital Debt Service Fund Budget. PASSED AYES-13 NOES-0. No.19 Bond Resolutions. Not Submitted The following is a list of projects that were part of the 1990-91 Capital Improvements Budget for which no bond resolutions have been submitted to your Honorable Body to date The reason for this is that the departments have not requested that these resolutions be submitted. The bond resolutions for these projects must be approved at a regular stated meeting, the last one being June 25, 1991, before the authorization expires at June 30, 1991. We suggest that Department Heads and Councilperson's review this list and advise us as to the status of these projects as soon as possible. Installation of Historic Lighting Various Parks 175,000 Ellicott District Lighting 40,000 Reconstruction of Kleinhans Music Hall 1,120,000 Construction of New Entrance at Buffalo Zoo 350,000 Reconstruction of Historical Society 200,000 Improvements to Fillmore Dist. Playgrounds 120,000 Improvements to Futures Academy Playground 15,000 Improvements to Buffalo River & South Dist. Parks 225,000 Reconstruction of Fruit Belt Comm. Ctr. 250,000 CRUCIAL Building Reconstruction 35,000 Reconstruction of St. Marys of Sorrow 190,000 Squaw Island Remediation Project 75,000 Replacement of Ellicott Dist. ROW Improvements 20,000 South & North Dist. ROW Improvements 300,000 Construction of Cafeteria at School #74 50,000 Acquisition of Site for Elementary School 1,000,000 REFERRED TO THE COMMITTEE ON FlNANCE. No.20 Budgetary Projections as of April 3O, 1991 Attached is a report on the status of budgetary projections for the City of Buffalo as of April 30, 1991. This is an update from the last report filed with your Honorable body which reflected the status of the budget as of December 31, 1990. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE PRESIDENT OF THE COUNCIL No.21 SCHEDULE OF 1991 COUNCIL BUDGET HEARINGS THURSDAY -MAY 16TH CHAIR: COPPOLA 9:00 A.M. COMMON COUNCIL PRESIDENT OF THE COUNCIL CITY CLERK 9:15 A.M. MAYOR - EXECUTIVE VITAL STATISTICS ZONING BOARD SENIOR CITIZENS STADIUM & AUDITORIUM PILOT FIELD STADIUM MEMORIAL AUDITORIUM DIV. 9:30 A.M. CORPORATION COUNSEL CIVIL SERVICE COMMISSION ASSESSMENT THURSDAY -MAY 16TH CHAIR: HIGGINS 10:00 A.M. ADMINISTRATION & FINANCE BUDGET F.C.A. MGMT. SERVICES LABOR RELATIONS PARKING ENFORCEMENT TREASURY THURSDAY -MAY 16TH CHAIR: HIGGINS 2:00 P.M. GENERAL SERVICES PURCHASE INVENTORY & STORES THURSDAY -MAY 16TH CHAIR: BELL 2:30 P.M. STREET SANITATION PARKS - GENERAL OFFICE PARKS DIVISION RECREATION MUNICIPAL HOUSING AUTH. FRIDAY-MAY 17TH CHAIR: AMOS 9:00 A.M. POLICE FIRE FRIDAY -MAY 17TH CHAIR: RUTECKI 2:00 P.M. COMPTROLLER AUDIT ACCOUNTING DATA PROCESSING REAL ESTATE BOARD OF ELECTIONS FRIDAY -MAY 17TH CHAIR: BAKOS 6:00 P.M. BOARD OF EDUCATION MONDAY -MAY 20TH CHAIR: FRANCZYK 9:00 A.M. COMMUNITY DEVELOPMENT PLANNING DEVELOPMENT INSPECT.& COMM. REVITAL. HSG.& PROP. INSPECT. COMM. REVITALIZATION TASK FORCE ON HOUSING MONDAY-MAY 20TH CHAIR: PITTS 2:00 P.M. CIVIC BODIES LARGE CULTURAL/CIVIC ORGANIZATIONS HISTORICAL SOCIETY ALBRIGHT-KNOX ART GALLERY PHILHARMONIC KLEINHANS MUSEUM OF SCIENCE STUDIO ARENA SHEA'S O'CONNELL ZOOLOGICAL SOCIETY GBAC 1993 WORLD GAMES 2:30 P.M. MUSEUM/LIBRARY DR. LORD'S LIBRARY MARINE HISTORICAL SOCIETY 3:00 P.M. ART GALLERIES/FINE ARTS ORGANIZATIONS ARTS COUNCIL BFLO./COUNTY WNY INST. ARTS IN EDUCATION HALLWALLS GALLERY EASTSIDE COALITION OF ARTS BURCHFIELD ART CENTER SQUEAKY WHEEL MONDAY-MAY 20TH CHAIR: PERLA 6:00 P.M.ART GALLERIES/FINE ARTS ORGANIZATIONS EL MUSEO FRANCISCO OLLER Y DIAGO RIVERA MOLLYOLGA ART CLASSES C.E.P.A. JUST BUFFALO LITERARY CENTER NIAGARA FRONTIER FOLK ART COUNCIL QRS ARTS FOUNDATION FRIENDS OF ARTS ACADEMY 6:30 P.M. PERFORMING ARTS ORGANIZATIONS ALLEYWAY THEATER DEPT. OF THEATER AND DANCE SUNY INNER CITY BALLET EMPIRE STATE BALLET BUFFALO BALLET THEATER THEATER OF YOUTH COMPANY (TOY) UJIMA THEATER COMPANY 7:00 P.M.-BUFFALO ENSEMBLE THEATER MAELSTROM PERCUSSION ENSEMBLE YOUNG AUDIENCES OF THY TRALFAMADORE JAZZ INSTITUTE GEMINI DANCE PICK OF THE CROP WEDNESDAY -MAY 22ND CHAIR: LoTEMPIO 9:00 A.M. HUMAN RESOURCES DEMONSTRATION PROJECTS HANDICAPPING CONDITIONS SUBSTANCE ABUSE URBAN AFFAIRS EMPLOYMENT & TRAINING YOUTH VETERANS HELP. VETS WEDNESDAY -MAY 22ND CHAIR: LoTEMPIO 10:00 A.M.PUBLIC WORKS ENGINEERING BUILDINGS LICENSES & PERMITS WATER WEDNESDAY -MAY 22ND CHAIR: COLLINS 2:00 P.M. CIVIC BODIES (CONTINUED) PERFORMING ARTS ORGANIZATIONS (CONTINUED) AMHERST SAXAPHONE SOCIETY CHOPIN SINGING SOCIETY GREATER BUFFALO OPERA COMPANY BUFFALO GUITAR QUARTET KAVINOKY THEATER 2:30 P.M. SOCIAL SERVICE ORGANIZATIONS LEGAL AID BUREAU LEGAL SERVICES FOR ELDERLY NEIGHBORH00D LEGAL SERVICES OFFICE OF URBAN INITIATIVES INTERNATIONAL INSTITUTE THY INTERNATIONAL VISITORS THY TRADE COUNCIL CITIZEN COMMUNITY DEVELOPMENT CORP. E.P.I.C. PARENTS ANONYMOUS 3:00 P.M. YOUTH SERVICE ORGANIZATIONS BOY'S AND GIRL'S CLUBS OF BUFFALO BOY SCOUTS OF AMERICA GIRL SCOUT COUNCIL OF BUFFALO BE A FRIEND PROGRAM JUNIOR LEAGUE OF BUFFALO NATIONAL INNER CITIES YOUTH CAMPFIRE COUNCIL HUMBOLDT YMCA BETHEL YOUTH ENRICHMENT FRANCISCAN CENTER D'YOUVILLE COLLEGE INVADERS ATHLETIC CLUB 3:30 P.M. ELDERLY SERVICE ORGANIZATIONS COUNCIL OF SENIOR CITIZEN CLUBS WILLIAM/EMSLIE SENIOR CENTER LOS TAINOS SR. CITIZENS CENTER FRIENDS TO THE ELDERLY GRACE MANOR NURSING HOME WEDNESDAY -MAY 22ND CHAIR: ARTHUR 4:00 P.M. NEIGHBORH00D/COMMUNITY ORGANIZATIONS COMMUNITY ACTION ORGANIZATION HOUSING ASSISTANCE CENTER ALLENTOWN COMMUNITY CENTER WESTSIDE COMMUNITY SERVICES MASTEN HUMAN SERVICES POLISH COMMUNITY CENTER SOUTH BUFFALO COMMUNITY ASSOCIATION WALDEN/BAILEY FATHER BELLE CENTER PARKSIDE COMMUNITY ASSOCIATION WESTSIDE NEIGHBORHOOD HOUSING 4:30 P.M. -AFRICAN/AMERICAN CULTURAL CENTER NEIGHBORHOOD INFORMATION CENTER SENECA/BABCOCK COMMUNITY CENTER VALLEY COMMUNITY ASSOCIATION A.B.L.E.Y. OLD FIRST WARD COMMUNITY CENTER BAILEY/DELAVAN COMMUNITY CENTER LANGSTON HUGHES INSTITUTE FRUITBELT UNIVERSITY HEIGHTS E.BUFFALO COMMUNITY OWNSESHIP NATIVE AMERICAN COMMITTEE ST. SIMON'S MISSION 5:00 P.M.-FEDERATION OF NEIGHBORHOOD CENTERS SALVATION ARMY CATHOLIC CHARITIES E. BFLO. PLAN. & DEVELOPMENT COUNCIL COMMODORE PERRY PROGRAMS BROADWAY/FILLMORE AREA BUSINESS BROADWAY AREA BUSINESS F.L.A.R.E. KENSINGTON/BAILEY NORTHLAND/KELLY GARDENS C.R.U.C.I.A.L HISPANICS UNITED CONCERNED ECUMENICAL MINISTRY 5:30 P.M. DISABLED SERVICE/SELF-IMPROVEMENT ORGANIZATIONS SILVER WHEELS FOOTBALL NIAGARA FRONTIER RADIO READING SERVICE NIAGARA FRONTIER VOC. REHAB. CENTER LITERACY VOLUNTEERS COMM. SERV. FOR DEVELOPMENTALY DISABLED WEDNESDAY -MAY 22ND CHAIR: FAHEY 6:00 P.M. HEALTH SERVICE ORGANIZATIONS (MEALS/NURSING/DISEASE) COMMUNITY FOOD CENTER OF W.N.Y. ASSN. FOR SICKLE CELL DISEASE MEALS ON WHEELS W.N.Y. UNITED AGAINST DRUGS SUICIDE PREVENTION CRISIS SERVICES BUFFALO HEARING AND SPEECH ST. MARY'S SCHOOL FOR THE DEAF WELLNESS INSTITUTE NORTH WEST BUFFALO HEALTH COORDINATED CARE HOSPICE OF BUFFALO BENEDICT HOUSE RHODE ISLAND FOOD CENTER FOOD FOR ALL DAYCARE ORGANIZATIONS LITTLE LEARNER'S DAYCARE CENTER CHILD CARE COALITION 7:00 P.M. FIRE-CRIME PREVENTION/SERVICE ORGANIZATIONS FIRE SURVIVAL CENTER VETERANS ORGANIZATIONS AMERICAN LEGION DISABLED AMERICAN VETERANS PARKS & RECREATIONAL AREAS/ACTIVITIES NAVAL ID SERVICEMEN'S PARK FRIENDS OF THE CANADIANA FRI ENDS OF OLMSTEAD PARKS 1490 ENTERPRISES INC. THEODORE ROOSEVELT INAUG. SITE FRIENDS OF THE BUFFALO RIVER OTHERS RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT No.22 Loss in Tax Base Between the Years of 1987 to 1991 I have enclosed, for your information, a report on the City's tax base years of 1987 through 1991 and the major factors that have contributed to decreases in the tax base during those years. The major factors that have caused a substantial loss in the City's tax base are identified in memorandi issued by the New York State Board of Equalization and Assessment explaining why the New York State Board of Equalization and Assessment reduced assessed values for the following categories of real property: Memorandi on State Assessed Property: 1. Railroad Property and Conrail Litigation 2. Special Franchise Property and New York Telephone Litigation Another major factor that decreased the City's tax base was the passage of State law that required local assessing jurisdictions to phase out the taxation of telephone and telecommunications property beginning in 1989-90 and ending in 1991-92. Memorandum on Locally Assessed Property: 1. Assessment and Taxation of Telephone and telecommunications Property. Telephone Central Office Equipment and Telecommunications Equipment Year Assessment 1988-89 100% taxable 102,543,466 1989-90 75% taxable 76,907,501 1990-91 50% taxable 43,267,304 1991-92 25% taxable 20,168,030 1992-93 0% taxable 0- In the event you wish to discuss this further, I will be available at your convenience. REFERRED TO THE COMMITTEE ON FINANCE No.23 Back Taxes Lehigh Valley Railroad I am filing this report to bring Your Honorable Body up-to-date on the unpaid city real property taxes for the property at 110 Fuhrmann Blvd. owned by Lehigh Valley Railroad. The property currently has a total of approximately $73,287.74 in unpaid city taxes and interest for the years 1984-85 through 1990-91, as well as unpaid county taxes. Both the City of Buffalo and the County of Erie have, in the past, scheduled this property for In Rem Foreclosure but because the property may be contaminated with toxic waste, the County and the City have not offered it for sale. How long the City can count on the County to continue their policy of not offering this property for sale remains to be seen. If the County decides to sell this property at their In Rem Foreclosure and there are no bidders, the City could end up with this potentially toxic property in their inventory. Further, even if the County sells this property at the In Rem Foreclosure to a successful bidder, what assurances does the City have that the successful bidder will have the necessary funds to clean up any toxic wastes if they should exist. The possibility exists that this property would once again find its way on a future In Rem Foreclosure list. The beneficiary of this scenario is the Company that currently holds title to this property--a company that has the financial means to pay the back taxes and any possible toxic clean-up costs. The Lehigh Valley Railroad is the owner of record and is a company that is owned by the Penn Central Corporation. Since, to my knowledge, the current owners are not being pressed to clear the land of any potential toxic material, I believe Your Honorable Body should review the entire matter with the City Law Department and the County Law Department so that the current owner does not walk away free and clear from their responsibility to pay the back taxes and any potential toxic clean-up costs on their property. It is obvious that the owner's strategy is to let the property go to foreclosure and let the City or some unsuspecting bidder get stuck with the financial liability for cleaning this property of any existing toxic material. In the event you may need further information on this matter, I am available at your convenience. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE ERIE COUNTY ATTORNEY No.24 M. Monaco-Waive Interest Sidewalk Assessment 1660 Kenmore Item No. 98, C.C.P. 04-30-91 The above item was referred to this department for a report. The original unpaid local assessment of $1,625.49 for sidewalk replacement at 1660 Kenmore Avenue was added to the 1988-89 City tax bill. Mr. Monaco requested that the Assessment Department separate the local assessment charge from the City tax bill for 1988-89. This department fulfilled Mr. Monaco's request and on October 7, 1988 and on February 22, 1989, the City's 1988-89 tax bill was paid. Because the local assessment for sidewalk replacement remains unpaid as of this date, the property is now scheduled for foreclosure on In Rem 25, to be sold during October of 1991 with a foreclosure fee of $250.00 filed against the property. REFERRED TO THE COMMITTEE ON FINANCE No.25 C. Pecora Sidewalk Assessment 914 Elmwood Item No. 102, C.C. P. 04-30-91 The above item has been referred to the Department of Assessment for a report. The Division of Engineering supplies this department with costs for sidewalk replacement from which the Local Roll is prepared. The sidewalk replacement charge for the parcel in question, 914 Elmwood, was originally reported by Engineering as $2,104.70. Therefore, the amount of $2,104.70 was reflected in the Monthly Local Assessment Roll approved by Your Honorable Body, CCP 07-05-88, Item No. 45. Since the cost for the sidewalk repairs was not paid, the amount of $2,140.70 plus interest was returned to the 1989-90 tax roll. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS No.26 Notification Serial #8188, #8189, #8190, #8191 and #8192 This communication explains the attached Notification Serial Numbers. #8188 Elmwcod Ave. east and west sides, (Install parking meters between Bird and forest. #8189 Elmwood Ave. east and west sides, (Install parking meters between Potomac and Bird Ave. #8190 Washington St. east side, (Install No Parking Any Time between Scott and Perry. #8191 Central Ave. southbound at (Install No Left Turn 4:OOPM-6:OOPM William St. #8192 Bailey Avenue, southbound at (Install No Right on Red Lovejoy St. REFERRED TO THE COMMITTEE ON LEGISLATION. No.27 N.S. #8188 PARKING METERS In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 of Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY LOCATION ELMWOOD AVENUE East and West sides between Bird and Forest. N.S. #8189 PARKING METERS In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 of Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY LOCATION ELMWOOD AVENUE East and West sides between Potomac and Bird Ave. N.S. #8190 NO PARKING In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an its business. That that part of Subdivision 23 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION HIGHWAY LOCATION WASHINGTON STREET East side of street between Scott and Perry. N.S. #8191 REGULATION OF TURNS In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part' of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET INTERSECTION EFFECTIVE DIRECTION PROHIBITION OF PERIOD Central Ave . William St. 4PM - 6PM Southbound Left Turn N.S. #8192 NO TURN ON RED In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 1 of Section 38 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TURNS FACING STEADY RED SIGNAL VEHICLES ON INTERSECTION OF EFFECT PERIOD OF TIME Bailey Ave. Lovejoy St Daily REFERRED TO THE COMMITTEE ON LEGISLATION. No.28 Bond Cancellation East Tupper and Washington Streets It is hereby certified that the bond described below be cancelled: Principal: 107 Delaware Associates Surety: Aetna Casualty & Surety Co. Amount: $5,OOO.OO Dated: October 15, 1975 Structure: Chute Location: South Side of East Tupper Street, 98 feet 6 inches East of Easterly line of Washington Street. This bond is no longer required due to the fact that the encroachment has been removed from city right of way. The above captioned bond should be deemed released and cancelled as to future liability in accordance with the provisions of the City of Buffalo Ordinances. RECEIVED AND FILED No.29 Extension of Time Reconstruction of Building for Genesee-Moselle Street Clinic 1532 Genesee Street, Buffalo, NY In accordance with the terms of the contract between the City of Buffalo and Louis Migliore Const. Co. C-9l562l0O, the work should have been completed by February 22, 1991. Due to poor weather conditions and water damage from the building at 1230 Genesee Street this contractor was unable to complete the work of this project on time. This is the second extension of time on this project I have granted an extension of time to April 26, 1991 to Louis Migliore Const. Co. to complete the work of their contract: RECEIVED AND FlLED No.30 Extension of Time Reconstruction of Dudley Branch Library 2010 So. Park Avenue Buffalo, NY In accordance with the terms of the contract between the City of Buffalo and Louis Migliore Construction Co. C-915887OO, the work should have been completed by March 20, 1991. Due to a change in contract this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to May 24, 1991 to Louis Migliore Construction Co. to complete the work of their contract. RECEIVED AND FILED No.31 Monthly Report Licenses Issued April 1991 I am respectfully submitting the enclosed report of licenses issued in the month of April 1991 by the Division of License. RECEIVED AND FILED No.32 Bennett Beach Proposals Item # 53, C.C.P. April 2, 1991 Per your request, this is a copy of the Bennett Beach proposals. I have also attached a copy of Paul Snyder's plans for your information. Mr. Rutecki moved to amend by adding new paragraph -Definitions: City- Those provisions panting to the "City" certain powers to approve, terminate or make improvements, shall require a resolution approved by the Council and submitted to the Mayor for approval or disapproval. and to further amend said item by deleting paragraph 7(a)(i) on page 10 and renumbering paragraph 7 (a) (ii) to 7 (a) (i); Seconded by Mr. Bell. ADOPTED. AYES - AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI- 11 NOES- BAKOS, FAHEY - 2. Mr. Collins now moved: That the communication from the Commission of Public Works dated May 9, 1991 be received and filed; and That the Mayor be and he hereby is authorized to execute the attached agreement between the City of Buffalo and Olympic Management Systems, governing the operation of Bennett Beach Park in the Town of Evans by Olympic Management Systems Inc., for a period of five (5) years renewable for three (3) five-year terms at the City's option, with such options to be approved by this Council. Passed AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PITTS -8 NOES- BAKOS, FAHEY, FRANCZYK, PERLA, RUTECKI- 5. No.33 Report of Bids - Resurfacing of City Pavements - 1991 Item No. 156, C.C.P. 3/19/91 As authorized and directed by your Honorable Body in Item #150, CCP of 3/19/91, I have advertised and received bids on 4/17/91 for the Resurfacing of City Pavements - 1991. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Destro & Brothers Concrete Co., Inc.$493,234.60 DiPizio Constr. Co., Inc.$493,261.40 Amherst Paving, Inc.$572,519.92 Thomann & Loewer Asphalt Paving$578,154.33 I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Company, Inc., and I respectfully recommend that your Honorable Body order the work the cost thereof to be Charged to the Division of Engineering Capital Projects Accounts BF2OO-40l-095, BF200-4Ol-078, BF2OO-4Ol-02l and to the Community Development Department Block Grant Account #91-6023, in an amount not to exceed $493,234.60. The engineer's estimate for this work is $473,OOO.OO. The attached is certified to be a true and correct statement of the 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 June l, 1991. Individual bid submissions are available in our office for inspection and copies are available upon request. MR. FAHEY moved: That the communication from the Commissioner of Public Works, dated May 1, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Resurfacing of City Pavement - 1991 to Destro & Brothers Concrete Company, Inc. ,the lowest responsible bidder in the amount of $493,234.60, with said cost to be charged against the Division of Engineering Capital Prospects Account #BF200-40l-095. PASSED. AYES-13 NOES-0. No.34 Report of Bids Concession and Public Facilities Bldg Ontario Boat Launch Ramp Site Foot of Ontario St., Buffalo, NY As authorized by Your Honorable Body in Item No. 38, CCP September 2, 1980, I advertised for on April 23, 1991 and received the following sealed proposals on May 7, 1991. General Construction Work LCP Construction Corp.99,282.00 BRD, Inc.101,475.00 Feddington-Allen, Inc.108,800.00 Miller Enterprises, Inc.108,900.00 Baker Development110,000.00 Nichter Associates, Inc.123,000.00 Cemulini-Pecoraro Construction239,230.00 Plumbing Work Kandey Co. ,Inc.27,477.00 Joseph Carino Plmbg27,799.00 W.C. Roberson Plmbg28,360.00 Geo. H. Sander, Inc.29,432.00 Matthew Xandefer, Inc.29,975.00 Ackerman & Huebsch, Inc.30,337.00 NuMarco, Inc.31,000.00 Mutual Plumbing & Htg36,693.00 Buffalo Sheet Metal Inc. 9,367.00 Moffett Heating Corp. 10,150.00 Bosch Mechanical 11,264.00 NuMarco, Inc. 15,000.00 Electrical Work Cannon Electric Inc. 10,600.00 Warrens Electric 10,777.00 Grand Island Electric '10,891.00 Weydman Electric 10,949.00 Goodwin Electric 10,970.00 CIR Electrical Construction 11,250.00 Colosimo Electric 12,500.00 Dobkin & Gold Electric 14,250.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications General Construction Work - LCP Construction Corp. in the amount of $99,282.00. Plumbing Work - Kandey Co. ,Inc. in the amount of $27,477.00. Heating Work - Buffalo Sheet Metal, Inc. in the amount of $9,367.00. Electrical Work - Cannon Electric Inc. in the amount of $10,600.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-601-038 - Department of Parks. Total Estimate for the work was $174,000.00. MR. FAHEY moved: That the communication from the Commissioner of Public Works, dated May 7, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for work on the Concession & Public Facilities Building, Ontario Boat Launch Ramp Site: General Construction Work L. C. P. Construction Corp.$99,282.00 Electrical Work Cannon Electric, Inc.$10,600.00 Plumbing Work Kandey Co. Inc.$27,477.00 Heating Work Buffalo Sheet Metal, Inc.$ 9,367.00 with the total costs thereof to be charged to Bond Fund No. 200-601-038, Department of Parks. PASSED. AYES-13 NOES-0. No.35 REPORT OF BIDS - NEW WATERMAIN IN JEFFERSON AVE. CLEANING AND CEMENT LINING OF WATERMAIN IN JEFFERSON AVENUE, BEST STREET AND BROWN STREET Item No. 43, C.C.P. March 5, 1991 In accordance with Resolution No. 43 of March 5, 1991, plans and specifications were prepared and sealed proposals accepted for the Installation of a New 10 Inch Watermain in Jefferson Avenue from High Street to William Street, Abandonment of the 4 Inch Watermain in Best Street from Grape Street to Jefferson Avenue and the transferring of the existing water service to the 10 inch main in Best Street, Cleaning and Cement Lining of the 20 Inch Watermain in Jefferson Avenue and Brown Street and the Cleaning and Cement Lining of the 10 inch Watermain in Best Street from Peach Street to Timon Street. I hereby submit a report of all bids received which were opened in my office at 11:00 a.m. on Wednesday, April 24, 1991. DiPizio Construction Company, Inc. 100 Stradtman Street Cheektowaga, New York 14206 $ 924,374.00 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $ 933,600.00 Nichter Utility Construction Company 344 Vulcan Street Buffalo, New York 14207 $ 983,505.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that DiPisio Construction Company, Inc., 100 Stradtman Street, Cheektowaga, New York is the lowest responsible bidder for the Installation of New Watermain in Jefferson Avenue, Cleaning and Cement Lining of the Watermain in Best Street and the 20 Inch Watermain in Jefferson Avenue and Brown Street with their total bid of $924,374.00 and that same be charged to the Division of Water's 415-Capital Projects Fund-073 Account. The Engineer's estimate for this work is $910,075.00. MR. FAHEY moved: That the communication from the Commissioner of Public Works, dated May 7, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for New Watermain -Jefferson Ave. & Cleaning & Cement Lining to Dipizio Construction Co. Inc., the lowest responsible bidder in the amount of $924,374.00, with said cost to be charged against the Division of Water Capital Project 415 Fund, Account No. 415. PASSED AYES-13 NOES-0. No.36 Change in Contract Lafayette Park Ice Rink D. A. Elia Construction Corp. I herewith submit to Your Honorable Body the following change in contract for the new Lafayette Park Ice Rink Building, Buffalo, New York, D. A. Elia Construction Corp., C #91516900: Upgrade the original specified paint system at underside of exposed galvanized metal deck and steel joists to an epoxy coating system. Add $4,0OO.OO The foregoing change results in a net increase in the contract of Four Thousand and 00/lOO Dollars ($4,000.00). Summary: Original Amount of Contract$1,074,5OO.OO Change Order #1 (CCP 10/17/89; item #28) Add7,612.OO Change Order #2 (CCP 3/27/90; item #138) Add45,297.81 Change Order #3 (CCP 6/16/90; item #46) Add6,417.OO Amount of this change (#4) Add4,OOO.OO Revised amount of contract $1,137,826.81 Funds for this work are in CPF 200-402-514. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. MR. FAHEY moved: That the communication from the Commissioner of Public Works, dated April 29, 1991, be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to P.A. Elia Construction Corp. in the amount of $4,000.00 for addition work under contract for work relating to the Lafayette Park Ice Rink, with said cost to be charged against Bond Fund #CPF 200-402-514. PASSED AYES-13 NOES-0. No.37 Boiler Replacement Emergency - Police Precinct #12 1186 Genesee Street Please be advised that the Department of Public Works, Division of Buildings, requested informal bids to award to a contractor the emergency repair of the boiler at Precinct #12, 1186 Genesee Street. The lowest bidder is Kellner Mechanical Contractors, 7000 Seneca Street, Elma, New York, 14059, in the amount of $7,796.00. This amount has been deemed to be fair and equitable and funds are available in the Division of Buildings. RECEIVED AND FILED. No.38 W. Wright - Restore Covered Water Shut Off at 31 Kingsley Street Item NO. 109, C.C.P. of April 30, 1991 About two years ago National Fuel Gas installed new service mains on Kingsley Street that also necessitated the installation of new sidewalks. Presumably when their contractor worked in front of 31 Kingsley Street he inadvertently covered the water service box with concrete. We brought this matter to their attention once before but no corrective action was taken. We will once again report this incident to them in an attempt at a satisfactory solution. REFERRED TO THE COMMITTEE ON FINANCE No.39 M. Monaco - Waive Interest - Sidewalk Assessment - 1660 Kenmore Avenue Item NO. 98, C.C.P.. of April 30, 1991 In his communication to Your Honorable Body, the owner of the property at 1660 Kenmore Avenue is seeking an abatement of the interest charges that have accrued for sidewalk installation work at that location several years ago. Please be advised that this department has no authority to abate or adjust these charges. All of our actions in this regard were done to prescribed methods. REFERRED TO THE COMMITTEE ON FINANCE No.40 C. Pecora - Sidewalk Assessment Item No. 102, C.C.P. April 30, 1991 The sidewalk installation work mentioned in this communication took place at 914-916 Elmwood Avenue about three years ago. Since that time the owner has been attempting to have the resulting charges reduced or abated entirely. He was told on several occasions that this department has no authority to adjust or cancel the charges because we acted out of necessity and in accordance with city ordinances and specifications. Any decision to comply with Mr. Pecora's request must be made by Your Honorable Body based on the information submitted. REFERRED TO THE COMMITTEE ON FINANCE No.41 Restaurant/Dancing Class III 2046 Fillmore Avenue Pursuant to Chapter 150 of the City of Buffalo Ordinances,please be advised as follows: I have examined the attached application for Restaurant/Dancing located at 2046 Fillmore Avenue 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 III License is being sought and according to the attached reports from the Fire Department, Zoning Department and the Building Inspector, I find that it complies with all regulations, and other applicable laws. I have caused an investigation by the Police Department into the moral character of Curtis Drake. The Police Department's approval is attached hereto. In consideration of the application of: New Golden Nugget Inc. Curtis Drake 2046 Fillmore Avenue Buffalo, New York This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No.42 "Neigh. Keep Forest on Forest-Design Pk. Approach" Item No. 99, C.C.P. 04/30/91 Please be advised that our current plan for this parking lot is only half of the original plan. The parking area would extend to approximately Claremont Street. Also, regarding the attached letter, at no time did this plan involve the removal of any trees nor does the new plan. Several public meetings have been held, and it was my understanding from the last one, that the opposition to this program was limited to employees of the Psychiatric Center. I would suggest that we set up another meeting to show everybody involved the plans and put this issue to rest one way or another. REFERREDTOTHECOMMITTEEON LEGISLATION No.43 Appointment to become effective 5/1/91 in the Department of Public Works, Division of Water, Paul J. Bugman 52 Stevenson St., Buffalo, N.Y. 14220, to the position of Truck Driver, Permanent, at the starting salary of $20,570. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PARKS No.44 Tree Trimming Attached for your information is the complete listing for tree trimming under contract number 91548200. All of the lists are complete with the exception of list #11. This will complete the tree trimming under contract number 91548200. REFERRED TO THE COMMITTEE ON LEGISLATION No.45 Grant Money for Machnica Community Center The Peter Machnica Community Center, a City of Buffalo Parks Department facility located at 1799 Clinton Street, Buffalo, 14206, has applied for, has received notification of acceptance and received monies for a grant from the New York State Office of Parks, Recreation and Historic Preservation in the sum of $4,399.00 for the purchase of recreational equipment. We are requesting that Your Honorable Body l. Accept funding for the grant from the State of New York 2. Allow the formation of a Trust and Agency account (#620-602-241-00-000) in the name of "Machnica Center Recreation Equipment." The termination date of said agreement dated April 2, 1990 and bearing contract No. C89702l is June 30, 1991. All monies must be disbursed prior to June 30, 1991. Enclosed please find for your review all pertinent documents regarding this grant. MR. FAHEY moved: That the communication from the Acting Commissioner of Parks and Recreation, dated May 9, 1991, be received and filed; and That the Acting Commissioner of Parks and Recreation be, and he hereby is, authorized to accept funding from the State of New York in the sum of $4,339.00 for the purchase of recreational equipment for the Machnica Center at 1799 Clinton Street, to form Trust and Agency Account No. 620-602-241-00-000 to receive said funds, and the expenditure of said funds for recreational equipment for the Machnica Center and the termination of said agreement on June 30, 1991. PASSED. AYES-13 NOES-0. No.46 Sound and Light at LaSalle Pavillion 1991 Item No. 40, C.C.P. 02/19/91 As authorized by Your Honorable Body, this department prepared specifications for sound and lighting for the LaSalle Park Pavillion for the 1991 summer season. The Department of General Services handled the advertisement for the bids which are attached. We recommend the low bidder, Audio Arts. We are awaiting you approval so that we may proceed with the drawing up of a contract. MR.FAHEY moved: That the communication from the Commissioner of Parks dated May 9, 1991 be received and filed; and That the Commissioner of Parks be, and he hereby is, authorized to award a contract for sound and lighting for the LaSalle Park Pavillion for the 1991 summer season to the low bidder therefor, Audio arts, in the amount of $17,950. PASSED AYES-13 NOES-0. No.47 Change in Contract Installation of Prepurchased Play Equipment Various Locations I herewith submit to Your Honorable Body the following change in contract for the Installation of Prepurchased Play Equipment Various Locations, Gleason's Nursery, Inc., C-91601300. 1. Install 1 additional large Unit #162-539 in lieu of 1 small Unit #7604. ADD $500.00 This work change is due to the fact that the smaller unit was not available, as anticipated at the time the bids were received. An additional larger unit was available in the inventory at the Shoshone Park secured storage area. The foregoing change results in a net increase in the contract of Five Hundred Dollars ($500.00). Summary: Original Contract Amount $37, 840. 00 Change Order No. 1 (This Change) ADD 500.00 Revised Contract Amount $38, 340. 00 This change could not be foreseen at the time the contract was let. The cost for additional concrete footers and labor was reviewed by the Department of Community Development and found to be fair and equitable. Funds for this work are available in Parks C.P.A. 200-601-029. I recommend that Your Honorable Body authorize the Deputy Commissioner of Parks to issue a change order to Gleason's Nursery, Inc., in the amount of $500. 00, as set forth above. MR.FAHEY moved: That the communication from the Commissioner of Parks dated May 8, 1991 be and the same hereby is received and filed; and That the Commissioner of Parks be and he hereby is authorized to issue a change order to Gleason's Nursery in the amount of $500.00 for addition work under Contract C-91601300 relating to additional concrete footers and labor with said cost to be charged against Parks C.P.A. 200-601-029. PASSED AYES-13 NOES-0. No.48 Bennett Beach Item No. 53, C.C.P. 04/02/91 This is an approximate cost, based on wages and materials, that the Parks Department will incur if it operates Bennett Beach. The breakdown is as follows: STAFF Recreation Instructor (3 months)$5,478.00 4-Seasonal Laborers 4-Supervising Lifeguards 8-Lifeguards$53,760.00 ,* See support schedule to Budget request sheet 30 hours per week @ 12 weeks$4,743.00 @ $l5.81/hr. for Recreation, Instructor EQUIPMENT 1 .First Aid Station (Rental @ 200/mo'@ 2.5mos. )500.00 2 Life Saving Boat (Purchase) 1,100.00 12' Minimum w/Pins, Oars and Personal Flotation Devices. 3 24-12" Mooring Bouys @ $40/each 960.00 4 24-Cement filled buckets w/anchor hooks@3.65/per 88.00 5 .Float lines to outline beach area 180.00 1500' Poly Prop Manilex .5" thick 6. 48-Line floats @ 6.00/each 288.00 7 100' of chain @ 3.00/ft. 300.00 8 .Phone hook-up at house 500.00 plus cellular phone for beach 9 .4-Ring Bouys @ 39.00/each 156.00 10. 2-Rescue tubes @ 45.00/each 90.00 11 1-Spine board complete 160.00 12 .2-24 Unit First Aid Kits 135.00 13 4 sets-Masks, Fins, Snorkels 150.00 14. 2 Megaphones 196.00 15. 2 Johnny on the Spots 360.00 @ 20.00/each @ 3 months Total approximate cost$69,144.00 The above information does not include equipment needed to keep the area cut and the beach clean. The above costs does not include any taxes that might be 'levied against the city. RECEIVED AND FILED. No.49 Helping Hands-Perm. to erect Bldg. in front of Center Item #98, C.C.P. April 2, 1991 It is not within the jurisdiction of the Parks Department to grant permission for the construction of a new building. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF POLICE No.50 Change of Name Darlene Drayton Attached hereto please find a copy of the Divorce Decree submitted to this department by Police Officer Darlene Drayton. I respectfully permission to change all Police Department records to show her name to be Darlene Coplin in accordance with the Divorce Decree. MR. FAHEY moved: That the communication from the Commissioner of Police dated May 7, 1991 be received and filed; and That the Commissioner of Police be, and he hereby is, authorized to change all Police Department records to show the name of Police Officer Darlene Drayton to be Darlene Coplin in accordance with the Divorce Decree. ADOPTED No.51 FULLY EXECUTED AID TO LAW ENFORCEMENT GRANT PROGRAM RENEWAL CONTRACT Item No. 132, C.C.P. 10/30/90 Item No. 188, C.C.P. 09/19/89 Please be advised that the Aid To Law Enforcement Grant Program Renewal Contract between the New York State Division of Criminal Justice Services and the City of Buffalo for the period April l, 1990 through March 31, 1991 has been fully executed in the amount of $950,066.00. A copy of this contract is on file in the Department of Administration and Finance, the Division of Audit and in the Division of Administration and Communications (Buffalo Police Department). Also please be advised that a fully executed amendment letter pertaining to the 1989-1990 Aid To Law Enforcement Contract which was originally executed on October 25, 1989 is on file in the above listed City Departments. This amendment letter was necessary due to a typographical error on the part of the State on the 1989-1990 contract. RECEIVED AND FILED. No.52 G. Giarraffa-Complaints-Bar Operation- 3405 Bailey Item #114 C.C.P. April 30, 1991 In reference to your request of May 1, 1991, I offer the following: Attached please find an Intra-Departmental correspondence from Michael Gaspar, Captain of Precinct #16, who indicates that there was very little, if any, criminal mischief directly associated with the Library BBC Restaurant, which is located at 3405 Bailey Avenue. The Captain researched the calls for service in that area and found that since January 1, 1991, there were 19 "911" calls in the Rounds-Bailey Avenue area. Of these calls, 10 were illegal parking and four (4) were for criminal mischief. He also indicated that it was very difficult to establish whether the criminal mischief was directly related to the restaurant. As is noted on the attached correspondence from Captain Caspar, he feels that this establishment should be granted a license. RECEIVED AND FILED No.53 New York State Occupational Safety & Health Training & Education Program Grant Item 47 CCP 4/16/91 The Buffalo Fire Department is totally in favor of this grant and recommends its adoption. This grant will allow the Buffalo Fire Department to comply with mandates imposed by the N.Y .5. Department of Labor regarding hazardous materials training. RECEIVED AND FILED FROM THE CORPORATION COUNSEL No.54 Court Decisions relating to Deputy Fire Commissioner Item No. 194, C.C.P.. 3/5/91 At your request enclosed are copies of the trial court and appellate court decisions relating to the deputy fire commissioner matter. The New York Court of Appeals declined without opinion to review this case. RECEIVED AND FILED. No.55 Proposed Lease Olympic Mgmt. Operation "Bennett Beach" Item #41, C.C .P., April 30, 1991 Please be advised that there exists a later draft of the proposed lease you referred to this office for comment. The most recent version provides more protection for the City, especially in the area 'f insurance coverages, and in other areas as well. Naturally, we shall make the latest draft available for your review and invite your comments and/or questions and would gladly meet with you to address any specific concerns. RECEIVED AND FILED No.56 Appointment to become effective 5/1/91 in the Department of Corporation Counsel, to the position of Assistant Corporation Counsel, Non-Competitive, at the starting salary of $49,277 Gregory J. Dudek 205 Crestwood, Buffalo, N.Y. 14216 Robert V. Heftka 121 Sunset, Orchard Park, N.Y. 14217. MR. FAHEY moved: That the Certificate of Appointment from the Acting Corporation Counsel dated May l, 1991 be received and filed; and That the appointment of Gregory J. Dudek of 105 Crestwood Avenue to the position of assistant corporation counsel at the maximum salary of $49,277 is hereby approved; and That the appointment of Robert in. Heftka of 121 Sunset Terrace, Orchard Park to the position of assistant corporation counsel at the maximum salary of $49,277 be, and it hereby is referred to the Committee on Civil Service The Civil Service Commission and the Corporation Counsel. PASSED AYES-AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 12 NOES-PITTS-1. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No.57 D. Alfieri - Application to Place an Outdoor Cafe in the R.O.W. at 1669 Hertel Avenue Item No. 111, C.C.P. 4/30/91 Attached for your information is the Short Environmental Assessment Form for the matter captioned above. MR. FAHEY moved: That the communication from the Commissioner of Community Development, dated May 8, 1991, be received and filed; and That Item No. Ill, C.C.P.,April 30, 1991, 1989, D. Alfieri - Application to Place an Outdoor Cafe in the R.O.W. at 1669 Hertel Avenue is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II). Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED No.58 Mobil Oil - Request to Place a Truckloading Rack and Other Improvements at 1 Babcock St. Item No. 112, C.C.P. 4/30/91 Attached for your information is the completed Full Environmental Assessment Form and Negative Declaration for the project captioned above. MR.FAHEY moved: That the communication from the Commissioner of Community Development, dated May 8, 1991 be received and filed; and That Item No. 112, C.C.P., April 30, 1991, Mobil Oil - Request to Place a Truckloading Rack and Other Improvements at 1 Babcock St. is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II). Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No.59 Siegel, Kelleher, Kahn Application to Place an Illuminated Ground Sign at 420 Franklin Street Item No. 113, C.C.P. 4/30/91 Attached for your information is the Short Environmental Assessment Form for the matter captioned above. Please note item C2 of Part II. MR. FAHEY moved: That the communication from the Commissioner of Community Development, dated May 8, 1991, be received and filed; and That Item No. 113, C.C.P., April 30, 1991, Siegel, Kelleher, Kahn, Application to Place an Illuminated Ground Sign at 420 Franklin Street, is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part II). Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED No.60 Citizens Advisory Committee on Reapportionment In reading the minutes from the April 29, 1991 Citizens Advisory Committee on Reapportionment, I wish to call to your attention the fact that I was erroneously listed as in attendance. The minutes should be corrected accordingly. RECEIVED AND FILED. No.61 Fountain Plaza - Rotary Rink I am submitting herewith for your information a recent communication from the Rotary Club of Buffalo on their fundraising campaign. believe that the commemorative opportunity suggested by the Rotary Club for Pepsi-Cola Buffalo's $25,000 contribution is reasonable and within the scope of our gift agreement with Rotary. If you will receive and file this communication, will so advise Rotary Club of Buffalo. RECEIVED AND FILED. No.62 Revised list of Bond Close-outs #29 CCP April 16, 1991 I have no objections to closing out the Community Development Bond accounts listed below: 717-007 Reconstr Mugovan Playground 717-011 Const Polonia Playground 717-012 Ellicott District Development 717-026 Improv to Mulroy Park 717-080 Misc Improv New Housing 717-091 Const Downtown Stadium 717-092 Improv - Strategy Areas 717-093 Acquis Land Polish Comm Ctr 717-099 Reconstr Roosevelt Park 717-500 Lovejoy Pool Program RECEIVED AND FILED. No.63 Home Rule Message, Discontinue Cert. Parklands - Sidway Street Item No. 210, C.C.P. 4/2/91 Attached is the Mayor's report on this subject, the alienation of Sullivan Playground, for reuse as a housing site. Replacement facilities for the 1.1 acre Sullivan Playground include: The 1.1 acre First Ward Community Center located on Republic Street: and The 4.4 acre site at 411 Ohio Street to be acquired by the -NYS DEC and to be maintained by the City of Buffalo. The Acting Commissioner of Parks concurs with the report on Sullivan Playground and requested that this communication also serve as his response on the subject. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No.64 Permission to Contract for Architectural-Engineering Services Various Projects Permission is requested from Your Honorable Body to hire Architectural-Engineering Consulting Firms to prepare plans, specifications and perform bidding services for the following projects: 1) Neighborhood Information Center - Rehab of 1 170 Broadway 2) Polonia Hall Reconstruction, 385 Paderewski Drive 3) Broderick Park Improvements 4) Lovejoy District Park Improvements - Walden Park Funds will be available for these services in account 200-717-520. MR. FAHEY moved: That the communication from the Commissioner of Community Development dated May 9, 1991 be received and filed; and That the Commissioner of Community Development be,and he hereby is, authorized to engage architectural and engineering consultants to prepare reports, plans and specifications and to advertise for bids for the following projects: 1. Neighborhood Information Center - Rehab of 1170 Broadway 2. Polonia Hall Reconstruction, 385 Paderewski Drive 3. Broderick Park Improvements 4. Lovejoy District Park Improvements - Walden Park The cost of said professional services are to be charged to Bond Account #200-717-520. PASSED AYES-13 NOES-0. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No.65 Transfer of Title, Urban Homestead Program 354 Pratt Street Lot Size -25' x 173' S The Department of Inspections and Community Revitalization has surveyed the city-owned lot at 354 Pratt Street lot size 25' x 173' S; and it has been determined that this parcel of land is inappropriate for neither construction of new housing nor the construction of public recreation facilities. Theodore & Winona Kirkland, 352 Pratt Street &owners of 356 Pratt Street indicated that they will clean, improve, and maintain the lot in the event that they obtain(s) title to the property under the Urban Homestead Program. We, therefore, recommend that the city-owned vacant lot be designated as Homestead Property, and be transferred to Theodore & Winona Kirkland on the condition that the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. MR.FAHEY moved: That the communication from the Department of Inspections and Community Revitalization, dated April 10, 1991, be received and filed; and That the City-owned property commonly known as 354 Pratt Street is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Theodore and Winona Kirkland on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. PASSED AYES-13 NOES-0. No.66 Report of Emergency Demolitions Due to the very serious and hazardous condition of the property listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (l) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the location, i.e. in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on May 8, 1991 and that the contract will be awarded to the following responsible bidder: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 876 Jefferson $5887.00 City of Buffalo Advanced Tree and House Demolition 12 Hollister $3799.00 City of Buffalo Advanced Tree and House Demolition 269 Peckham $12,149.00 City of Buffalo Advanced Tree and House Demolition Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department that the cost of the project be charged to this department Capital Outlay Account #100-241-085-00-900. MR. FAHEY moved: That the communication from the Department of Inspections and Community Revitalization, dated May 8, 1991, be received and filed; and That the awards by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts to Advanced Tree and House Demolition at a cost of $5887.00 relating to 876 Jefferson; to Advanced Tree and House Demolition at a cost of $3799.00 relating to 12 Hollister, and to Advanced Tree and House Demolition at a cost of $12,149.00 relating to 269 Peckham, be, and the same hereby are confirmed, ratified and approved, with said costs to be charged against the Department's Capital Outlay Account #100-241-085-00-900, and that said costs shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter XIII, of the Ordinances of the City of Buffalo. PASSED AYES-13 NOES-0. No.67 Report of Emergency Demolitions Due to the very serious and hazardous condition of the property listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the location, i.e. in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on May 8, 1991 and that the contract will be awarded to the following responsible bidder: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 142 West Delavan rear $8000.00 Daniel Sansanese Advanced Tree and House Demolition 604 Parkside Buffalo, New York 173 East Parade and Garage $4099.00 Reginald and Constance Cooke Advanced Tree and House Demolition 173 East Parade Buffalo, New York Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #5OO-OOO-002-OOOOO, 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. FAHEY moved: That the communication from the Department of Inspections and Community Revitalization, dated May 8, 1991, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts to Advanced Tree and House Demolition at a cost of $8000.00, relating to 142 West Delavan rear; to Advanced Tree and House Demolition at a cost of $4099.00 relating to 173 East Parade and Garage, be, and the same hereby are confirmed, ratified and approved, with said costs to be charged against Special Assessment Fund 500-000-002-00000 and that said costs shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter XIII of the Ordinances of the City of Buffalo. PASSED AYES-13 NOES-0. No.68 Authorization to Order Demolitions During Council Recess In order to expedite demolition proceedings which will be necessary during the month of August when your Honorable Body is recessed, your authorization to proceed during said recess is hereby requested, with the understanding that bids will be reported in accord with established policy. MR. FAHEY moved: That the communication from the Commissioner of Inspections and Community Revitalization dated May 8, 1991 be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to proceed with emergency demolitions during the Common Council's August recess, with the understanding that the bids will be reported to the Council upon its return from recess in accordance with established policy. PASSED AYES-13 NOES-0. No.69 1420 Main Street The re-use proposal for the former Engine 1/16 - 1420 Main St. as set fourth by Crisis Services for the Developmentally Disabled is consistent with strategies utilized by the Buffalo Urban Renewal Agency to bring about the renewal of abandoned and deteriorated buildings. It is the position of the Dept. of Inspections and Community Revitalization that the Common Council should authorize the transfer of 1420 Main St. to B.U.R.A. so as to allow the solicitation of redevelopment strategies from interested re-developers. Due to the level of interest in this structure and considering the varying nature of re-development possibilities for the building; we concur with Crisis Services that the City of Buffalo should "solicit competitive proposals from interested parties which can be utilized to undertake an objective analysis of the merits of each proposed re-use scenario!!" If the strategy above is agreeable to the Common Council, please be assured that proposal solicitation procedures and the results of those efforts will be reported back to the Common Council in the form of a B.U.R.A. approved Land Disposition Agreement (L.D.A.) within the next several weeks. REFERRED To THE COMMITTEE ON ECONOMIC DEVELOPMENT No.70 Community Wide Urban Renewal Homestead Program Supplement Item No. 279, C.C.P. 09/18/84 The Community Wide Urban Renewal Homestead Program, approved September IS, 1984, C.C.P. No. 279, permits additional supplements for housing projects under Section E of that Plan. The Dept. of Inspections and Community Revitalization has had new housing units constructed in various sections of the City. The Buffalo Urban Renewal Agency and the Common Council have approved the expenditure of CDBG funds for these units, which include the Adamski Village, Fillmore South and City-Wide new housing areas, as well as other new housing sites. The City Planning Board has approved the supplements to the Community Wide Urban Renewal Homestead Program at their meetings of March 12 and April 9, 1991, respectively. A report from the City Planning Board is a prerequisite to Common Council action. This office is therefore requesting that the required public hearing be held by your honorable body at the regularly scheduled meeting of May 28, 1991. REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT. No.71 Emslie Neighborhood development program Clinton Park New Housing Project 57-61 Adams, 638-658 Clinton and 62-68 Watson streets 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.72 Ellicott Redevelopment Project Nyr 1-1 St. Columba square New Housing Project Parcel E3 (south Division btwn Hickory and spring street) M.J. Peterson development Corp. The City of Buffalo Urban Renewal Agency duly designated M.J. Peterson Development Corp. 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 Bearing for your action. Forwarded herewith are the following documents: I. 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.73 Appointment to become effective 5/8/91 in the Department of Inspections and Community Revitalization, Division of Housing and Property Inspections, David J. Pierowicz 91 Radcliff Rd., Buffalo, N.Y. 14214, to the position of Chief Electrical Inspector, Provisional, at the starting salary of $30,838. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No.74 CERTIFICATE OF APPOINTMENT Appointment to become effective 5/6/91 in the Department of Human Resources, Division of Substance Abuse Services, Denise C. Green 360 Warwick Ave., Buffalo, N.Y. 14215, to the position of Typist, Permanent, at the starting salary of $18,109. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No.75 CERTIFICATE OF APPOINTMENT Appointment to become effective 4/29/91 in the Department of Human Resources, Division of Substance Abuse Services, Sharon M. Loubert 906 Prospect, Buffalo, N.Y. 14213, to the Position of Reimbursement Specialist Temporary, at the starting salary of $20,818. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No.76 CERTIFICATE OF APPOINTMENT Appointment to become effective 5/7/91, in the Department of Human Resources, Division of Substance Abuse Services, Henry R. Salley 47 Fargo, Buffalo, N.Y. 14201, to the Position of Counselor III, Temporary, at the starting salary of $23,097. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No.77 Sale of Junk and Abandoned Vehicles Bid #0329 The Division of Parking Enforcement has for sale on a continuing basis, junk and abandoned vehicles as defined by the New York State Vehicle and TrafficLaw (section 1224-2). I am advising your Honorable Body that the Division of Purchase sent out sixteen (16) Bids to the vehicle dismantlers and scrap processors for the sale of these vehicles. Seven (7) were returned at the Bid opening on April 23, 1991. See attached Bid tabulation. I recommend that Your Honorable Body approve the award to the responsible high bidder, South Buffalo Auto Parts. MR. FAHEY moved: That the communication from the Commissioner of Central Services dated May 9, 1991 be received and filed; and That the Commissioner of Central Services be,and he hereby is, authorized to sell sixteen (16) junk and abandoned vehicles as defined in Section 1224-2 of the Vehicle and Traffic Law to the highest responsible bidder at the bid opening conducted on April 23, 1991, South Buffalo Auto Parts. PASSED AYES-13 NOES-0. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No.78 "Establish Supv. of recruitment Position" Com. #86, C.C.P. 4/16/91 I am responding on behalf of E. W. Dann Stevens, President Municipal Civil Service Commission, who is out of town. In a communication dated April 24, 1991 you requested Mr. Stevens to appear at the Civil Service Committee meeting to be held on May 7, 1991. I do not expect that he will be available to attend the May 7 meeting. You will be notified at a later date whether Jr. Stevens is available to attend the Committee meeting of May 21, 1991. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO SEWER AUTHORITY No.79 "C. Pecora - Sidewalk Assmt. 914 Elmwood" Item No. 102, C.C.P.. April 30, 1991 The Buffalo Sewer Authority constructed a chamber and two (2) sewer lines in the referenced area during the early 1980's. To the best of our knowledge,. all outstanding claims associated with this construction were settled prior to acceptance of this work by the Buffalo Sewer Authority. Should you have any further questions, please contact this office. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No.80 Request Lead Abatement Update from BMHA In response to Common Council resolution "Request Lead Abatement Update from BMHA", Item #216, C.C.P. April 16, 1991, please be advised that the BMHA has completed testing for the presence of lead based paint (LBP) at all developments. with the exception of Jasper Parrish and Shaffer Village. When funds are identified for additional testing, these two developments will also be tested. The Authority must abate LBP in accordance with Federal LBP abatement guidelines. A pilot project will be conducted this summer at Kenfield Homes to determine the most effective and cost-efficient approach to LBP abatement. Specifications for bids are prepared and bidding will commence within the next month. Upon evaluation of the results of this pilot program. the Authority will proceed with LBP abatement at all developments in which LBP has been determined to present a health risk. For your information, LBP testing by the Erie County Health Department has been conducted at developments where LBP is known to exist. There have not been any cases detected to date where elevated blood levels of lead have been identified. Please contact me if you need further information. RECEIVED AND FILED. FROM THE CITY CLERK No.81 Notification of Disposition of City Records The following department(s) requested to dispose of city records as indicated on the attached form(s). I have authorized the disposition of these records in my capacity as City Records Management Officer. Administration & Finance - Parking Violations Bureau RECEIVED AND FILED. FILED. No.82 Items Returned by Mayor Without Approval or Disapproval. I Hereby inform you that on April 30, 1991 the Cohn Council Passed the following item: No. Subject 119 Authorize Special Police/Fire 20 year Sec. 384-E Retirement Plan which was presented to the Mayor on May 3, 1991. The item was returned to the City Clerk on Nay 13, 1991 without approval or disapproval. The above item is deemed approved effective May 14, 1991. RECEIVED AND FILED. No.83 Automobile Transportation Allowances The following departments have filed the required copies of certificates relative to the granting of Automobile Transportation Allowances for employees in their respective departments: Public Works- Human Resources- RECEIVED AND FILED. No.84 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 2127 Genesee Bills Inn William G. Corwin 1345 So. Park SouthCo Enterprises Ronald L. ~vis RECEIVED AND FILED. No.85 Leaves of Absences Without Pay I transmit herewith communications received by me, reporting the granting of leaves of absences without pay, in various departments as listed: Comptroller- Public Works Police Fire Corporation Counsel- Street Sanitation Inspections and Community Revitalization- RECEIVED AND FILED. No.86 Reports of Attendance Various Boards, Etc. I transmit herewith communications received by me from various Boards, Commissions, Agencies and Authorities, reporting the membership attendance at their respective meetings: City Planning Board Civil Service Commission (3) Consumer Electronics Board Municipal Housing Authority Youth Board RECEIVED AND FILED. No.87 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved approval of appointments to the position of Council Intern. ADOPTED. Appointment to become effective 5/2/91 in the Department of Common Council, Romona L. Draffin 133 Park St., Buffalo, N.Y. 14201, to the position of Intern IV, Seasonal, at the starting salary of $6.00/hr. Appointment to become effective 5/7/91 in the Department of Common Council, Linda L. Lewis 45 Albert St., Buffalo, N.Y. 14207, to the position of Intern IV, Non-Competitive, at the starting salary of $6.00/hr. Appointment to become effective 5/8/91 in the Department of Common Council, Pharel J. Hall 48 Monticello, Buffalo, N.Y., 14214, to the position of Intern IV, Non-Competitive, at the starting salary of $6.00/hr. No.88 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM Appointment to become effective 5/1/91 in the Department of Stadium and Auditorium, Division of Pilot Field, Michael J. Schieber 168 Dundee, Buffalo, N.Y 14220, to the position of First Class Stationary Engineer, Non-Competitive, at the starting salary of $7.05/hr. FROM THE DEPARTMENT OF THE COMPTROLLER Appointment to become effective 5/1/91 in the Department of Audit and Control, Division of Audit, Margaret T. Burke 25 Whitehall Ave, Buffalo, NY. 14220, to the position of Principal Auditor, Temporary, at the starting salary of $33,738.00 FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective 4/30/91 in the Department of Public Works, Division of Engineering, Joseph Cicatello 165 Ross, Buffalo, NY. 14207, to the position of Laborer I, Seasonal, at the starting salary of $5.98/hr. Appointment to become effective 4/29/91 in the Department of Public Works, Division of Engineering, to the position of Laborer I, Seasonal, at the starting salary of $5.98/hr. Robert Buscaglia 60 Ashland Avenue Buffalo, N.Y. 14213 Robert Campbell 31 Easton Buffalo, N.Y. 14215 Lawrence J. Jay 59 Brownell Street Buffalo, N.Y. 14212 Samuel Giancarlo 89 Delsan Ct. Buffalo, N.Y. 14216 Appointment to become effective 4/29/91 in the Department of Public Works, Division of Engineering, To the position of Laborer I, Seasonal, at the starting salary of $5.98/hr. John L. Emminger 196 Linden Avenue Buffalo, N.Y. 14216 Joseph A. Trillisio 3 Condon Street Buffalo, N.Y. 14207 Appointment to become effective 5/1/91 in the Department of Public Works, Division of Water, to the position of Account Clerk, Temporary, at the starting salary of $5.25/hr. Irene Lysarz 25 Peter Street Buffalo, New York 14207 Geraldine Serwon 97 Domedion Street, Buffalo, New York 14211 Appointment to become effective 5/1/91 in the Department of Public Works, Division of Water, to the position of Clerk, Seasonal, at the starting salary of $5.00/hr. Marcia A. Cooper 4 Girard Place Buffalo, New York 14211 Mary Frances Fay 11 Pawnee Parkway, Buffalo, New York 14210 Kathleen G. Smith 1049 Tifft Street Buffalo, New York 14220 Appointment to become effective 5/1/91 in the Department of Public Works, Division of Engineering , Steven Lewczyk 167 Mackinaw, Buffalo, N.Y. 14204, to the position of Laborer I, Seasonal, at the starting salary of $5.98/hr. Appointment to become effective 5/6/91 in the Department of Public Works, Division of Water , Sarah Misuraca 515 Plymouth Ave., Buffalo, N.Y. 14213, to the position of Account Clerk, Temporary, at the starting salary of $5.25/hr. Appointment to become effective 5/6/91 in the Department of Public Works, Division of Water, Ann M. Finger 336 Eden St., Buffalo, NY. 14220, to the position of Clerk, Seasonal, at the starting salary of $5.00/hr. Appointment to become effective 5/6/91 in the Department of Public Works, Division of Water, Michael P. McGavis 173 Columbus Ave., Buffalo, N.Y., to the position of Water Service Worker, Seasonal, at the starting salary of $6.02/hr. Appointment to become effective 5/6/91 in the Department of Public Works, Division of Water, to the position of Water Service Worker, Seasonal, at the starting salary of $6.02/hr. John Bartalotta 433 Breckenridge Avenue Buffalo, New York 14213 Robert W. Boone 526 E. Amherst Street Buffalo, New York 14214 James P. Fahey 21 Amber Street Buffalo, New York 14220 Patrick D. Farrell 42 Ward Court Buffalo, New York 14220 Paul J. Gilbert 741 LaSalle Avenue Buffalo, New York 14215 Donald H. Siler 26 Woodside Avenue Buffalo, New York 14220 Nathan R. Stephen 165 Blaine Avenue Buffalo, New York 14208 Appointment to become effective 5/6/91 in the Department of Public Works, Division of Water, Dorothy L. Fadale 65 Schiller St., Buffalo, N.Y. 14206, to the position of Account Clerk, Temporary, at the starting salary of $5.25/hr. Appointment to become effective 5/7/91 in the Department of Public Works, Division of Buildings, John J. Kawa 49 Polish, Buffalo, NY 14210 to the position of Supervisor of Painting II, Provisional, at the starting salary of $24,214. FROM THE DEPARTMENT OF FIRE Appointment to become effective 5/6/91 in the Department of Fire, Thomas F. Lauber 278 Downing, Buffalo, N.Y. 14220 to the position of Assistant Fire Alarm Dispatcher, Permanent, at the starting salary of $33,593. Appointment to become effective 5/6/91 in the Department of Fire, Leslie Ann Gray 121 Barton, Buffalo, N.Y. 14213, to the Position of Assistant Fire Alarm Dispatcher, Permanent, at the starting salary of $33,593. Appointment to become effective 5/6/91 in the Department of Fire, Charles L. Pitts 24 Alma Ave, Buffalo, N.Y. 14215, to the position of Fire Alarm Dispatcher, Permanent, at the starting salary of $36,548. Appointment to become effective: 5-13-91 in the Department of Fire, to the position of Lieutenant, Permanent (contingent), at the starting salary of $35,584. Walter Coakley , 91 Ramona, Buffalo, New York 14220 'Connor, 1158 Indian Church Road. Apt. #6, Buffalo, New York 14224 Daniel J. O Appointment to become effective 5-13-91 in the Department of -Fire to the position of Lieutenant,Permanent, at the starting salary of $35,584. Michael Ceglia, 1394 Townline Road, Alden, New York 14004 Michael Lombardo-11633 Holland-Glenwood Road, Holland, New York 14080 Robert P. Hartmann, 19 Pendennis, Buffalo, New York 14225 John R. Mogavero, 134 Linden Avenue, Buffalo, New York 14214 Michael J. Swanekamp, 183 Northwood , W. Seneca, N. Y. 14224 William Renaldo , 19 Pine Circle , Cheektowaga, New York 14225 Appointment to become effective 4-29-91 in the Department of Fire, John Hess, 203 Capen Blvd., Amherst, N.Y., l4226 , to the position of Captain, Permanent (Contingent) at the starting salary of $37,320 . Appointment to become effective 4-29-91, in the Department of Fire, to the position of Captain,Permanent, at the starting salary of $37,320. Howard Smith, 10122 Savage Road, Holland, New York 14080 Anthony Hynes, 56399 Mayflower Lane, Lakeview, New York 14085 David Bannister, 149 Hamburg, Buffalo, New York 14204 FROM THE DEPARTMENT OF STREET SANITATION Appointment to become effective 5-9-91, in the Department of Street Sanitation, James K. Dole, 17 Choate Avenue, Buffalo, New York 14220, to the position of Laborer II, Seasonal, at the starting salary of $6.65 per hour Appointment to become effective 5-8-91 in the Department of Street Sanitation, Brian P. Shea , 99 Meriden Street , Buffalo, New York 14220, to the position of Laborer II, Seasonal, at the starting salary of $6.65 per hour. FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment to become effective 5-7-91, in the Department of Administration and Finance, Division of Labor Relations, Susan A. Goral, 415 Benzinger Street, Buffalo, New York 14206 to the Position of Administrative Aide , Permanent at the starting salary of $18,425. FROM THE CIVIL SERVICE COMMISSION Appointment to become effective 5/9/91 in the Department of Civil service Paulette A. Mulderig, 56 Eaglewood Ave., Buffalo, N.Y. 14220, to the position of Civil Service Nurse, Temporary, at the starting salary of $15.00/hr. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment to become effective 5/7/91 in the Department of Human Resources, Division of Youth, to the position of Supervisor, Temporary, starting salary of $5.00/hr. Chris William Brown, Jr. 101 Goemble Street, Buffalo, N. Y. 14211 Sandy J. Gondek 95 Poplar Street Buffalo, New York 14211 Appointment to become effective 5/6/91 in the Department of Human Resources, Substance Abuse Services, Linda Kowalski, 31 School St., Buffalo, N.Y. 14213, to the position of Medical Secretary, Provisional, at the starting salary of $18,847. Appointment to become effective 5/6/91 in the Department of Human Resources, Division of Substance Abuse Services, Delores Barrett, 373 Mackinaw St., Buffalo, N.Y. 14210, to the position of Case Manager, Provisional, starting salary of $19,757. Appointment to become effective 5/2/91, in the Department of Human Resources, Division of Substance Abuse, Lauris D. Robinson, 241 Humboldt Pkwy., Buffalo, N.Y. 14208, to the position of Counselor III, Provisional, at the starting salary of $20,329. Appointment to become effective 4/26/91 in the Department of Human Resources, Division of Substance Abuse Services, Peter T. Juliano 505 Lisbon Avenue Buffalo 14215, to the position of Reimbursement Specialist, Permanent, at the starting salary of $19,961. Appointment to become effective 4/30/91 in the Department of Human Resources, Division of Youth, to the position of Attendant, Temporary, at the starting salary of $4.25/hr. Sawana Garcia 126 Lathrop Buffalo, NY 14212 Bever ly J. Merr iweather 71 Bissell Ave. Buffalo, NY 14211 FROM THE DEPARTMENT OF GENERAL SERVICES Appointment to become effective 5/7/91 in the Department of General Services, Division of Inventory & Stores, Daniel A. Karlinski 349 Walden Ave., Buffalo, N.Y. 14211, to the position of Laborer II, Seasonal, at the starting salary of $6.65/hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No.89 BUFFALO BISONS Mem. Leg. User Fees - Sports/Entertainment In response to the question raised at the April 9, 1991 Finance Committee meeting regarding the feasibility of a "Special Purpose Fee", we make the following comments: We believe that a Special Purpose Fee whereby a particular facility might be charged a fee based on a percentage of sales, which fee would then be used to finance the expansion of that particular facility, presents a more equitable approach to financing a particular facility's expansion than the 5.50 user fee originally proposed by councilman Franczyk. However, as we mentioned during our discussions on April 9th, in the case of the Buffalo Bisons, a percentage of ticket sales is already paid to the city as part of our rental amount under our Lease Agreement. As we also indicated in our statement to the Finance committee, the Bisons have already paid the city in excess of $3,600,000 in rental during the course of the last three (3) years. This rental amount has been available to the city and portions of it have been used for specific maintenance of Pilot Field. Essentially, then, Bison Baseball, Inc. already pays a special Purpose Fee based on a percentage of ticket sales, as well as on a percentage of advertising, concessions, and parking. We appreciate the opportunity to share our views with the Council. If there are further questions, please let us know. REFERRED TO THE COMMITTEE ON FINANCE No.90 CITIZENS REAPPORTIONMENT COMMISSION Minority Report Attached is a "Minority Report" of members of the Citizen's Reapportionment Committee. The report is submitted by Mrs. Cook representing the Ellicott District and Mr. Gaiter representing the Masten District. I would like to file this for the Common Council meeting of May 14, 1991. Your cooperation is appreciated. REFERRED TO THE COMMITTEE OF THE WHOLE No.91 CITIZENS REAPPORTIONMENT COMMISSION Minutes of Meeting As requested by your Honorable Body, I hereby submit for your review the minutes of the meetings of April lO, 17, l9, 22, 23, 25, 26 and 29, 1991, of the Citizens Advisory Committee on Reapportionment. Minutes from April 24, 1991 could not be prepared due to a malfunction in a tape recorder, which caused the tape to be inaudible. REFERRED TO THE COMMITTEE OF THE WHOLE No.92 ALFRED T. COPPOLA Amendment to Reapportionment Plan Please find attached an amendment to the reapportionment proposal previously submitted to this body for your consideration. REFERRED TO THE COMMITTEE OF THE WHOLE No.93 DEPTH Request for Grant-In-Aid DEPTH is a comprehensive service program for the homeless in Buffalo designed to move individuals and families permanently out of homelessness. Although we have seen impressive results in our first year of operations, we were not refunded for a second year by the federal government and are asking for your help. We are a new agency and relatively unfamiliar with the process of city funding. Although we understand that this process began back in January, we are asking to be heard at the Civic meetings to be held May 20 - 22 in order to submit an emergency request for funding. Enclosed please find a packet of information on our program, successes, and current funding needs. Thank you in advance for your assistance and concern. REFERRED TO THE COUNCIL STAFF No.94 Erie Community College Proposal for Police Education Upgrading We are requesting that you file the enclosed materials (l - Proposal for Police Education Upgrading and Dual Major--Criminal Justice/Social Science, 2 - Executive Summary) for reference to the Common Councils' Finance and Legislation Committees. We also request that these items be placed on the Councils' Agenda for discussion. REFERRED TO THE POLICE REORGANIZATION COMMITTEE No.95 JUDITH P. FISHER Comments on Health Education Curricula pursuant to your letter dated March 13, 1991, regarding health education curricula for schools, I advise you that alcohol, drugs, tobacco, family life and AIDS education are addressed in all curricula and have been for many years. Health education in the Buffalo Public Schools has just been reviewed by the New York State Education Department and we are awaiting the report of their evaluation. Currently, committees are updating and revising health guides and materials. Guides are available for review by contacting Mr. Nicholas Mogavero, Director of Health Education, Room 709 City Hall, 842-4693. RECEIVED AND FILED. No.96 HAMLIN PARK COMMUNITY & TAXPAYER'S ASSN., INC. Oppose Overlay Ordinance Amendment OUR ASSOCIATION,WISHES TO GO ON RECORD AGAINST THE ORDINANCE AMENDMENT OF CH 511- HAMLIN PARK OVERLAY" NOTED AS ITEM#2O3 C.C.P. APRIL 30,1991. WE HAVE REVIEWED THE PENDING AMENDMENT AS RECORDED APRIL 30,1991 AND RECOGNIZED THE CONTINUING ENCUMBERANCE TO NEIGHBORHOOD GOALS: 1.STABLE 2.SAFE 3.PLEASANT THE LAST TWENTY FIVE YEARS OF 'OUR ORGANIZATION'S LIVELIHOOD' HAS BEEN THE STRESS OF VIGILENCE, AND UNITY OF PURPOSE AS THE MAGNET THAT HOLDS US TOGETHER. THE FAVORABLE WORK COMPLETED ON THE HAMLIN PARK OVERLAY BY THE COMMON COUNCIL, THIS YEAR IS COMMENDABLE (Sub section (B) of section 68.1 of chapter 511) AND DESERVES THE RIGHT TO BE IN EFFECT FOR A REASONABLE PERIOD OF TIME. GOVERNMENT BY TRIAL AND ERROR IS A HISTORICAL FACT, HOWEVER POLITICAL STRATEGY AS MOVED HERE IS A SHAMEFUL UTILITY OF PARLIAMENTARY PROCEDURE 95% OF OUR ASSOCIATION MEMBERS ARE WATCHFUL VOTERS IN ALL CITY-WIDE ELECTIONS, AND WILL REFLEX OUR FEELINGS WHEN ATTACKED BY UNYIELDING, OR NON-COMPROMISING INSTITUTIONS. WE REFUSE, TO BE THE PAWNS FOR INSTITUTIONAL VOTES,FOR OUR COMMITMENT IS ONE. TO RETAIN THE BEAUTY,STABILITY,SAFETY,AND PURSUITS OF HAPPINESS SO STATED IN OUR CONSTITUTION. WE ASK YOUR SUPPORT' IN ALLOWING THE PEOPLE SHARE IN THE MAKE-UP OF LAWS, THAT NEGATIVELY EFFECT ,THIS PRIVILEGE. WE PRAY AND HOPE THAT YOU SEND THIS AMENDMENT BACK TO THE COLLEGE AND SAY GIVE HOPE A CHANCE. VOTE AGAINST THE AMENDMENT. RECEIVED AND FILED No.97 JAMES HARRINGTON Resignation from Horizon Waterfront Commission I am very grateful to have received word of my reappointment as the Council's representative on the Horizons Waterfront Commission. However, In the past few weeks, I'vevreceived a career opportunity that I cannot turn down. I have just accepted an academic position, effective this summer, In a new Public PoIicy Institute at George Mason University in Fairfax, Virginia Because of my Imminent relocation, I must resign my membership in the Horizons Waterfront Commission, effective June 1, 1991. I heartily thank the Council for the opportunity to have served the City and the region. I commend the Council for its support of the Horizons process to date, and ! hope that a constructive participation in the Commission wi!I continue. RECEIVED AND FILED. No.98 CARL L. JOHNSON Complaints Against Police Department I Carl L. Johnson,file this complaint to the City and Counsel in City Hall in Mr. Fahey's office located on the 15th floor of City Hall on 5/14/91. In regard to the Buffalo Police Department; its attitude,conduct, racism, prejudice, biasism, communism, illegal search and seizure, destruction of private property and robbery by use of uniform, badge and sheild. Falsifying reports to cover up their wrong doings". I was illegally arrested on 5/4/91 of which I was an illegally arrested , illegally searched, my personal work knife of which was in a holster was taken from me "legal knife" as two (2) others in the previous weeks. I having not beaten any one. I have a domestic problem with spouse, of which should not interfere with my normal travels in life by the B.P.D. and or individuals there in. Thus to date the B.P.D. on 5/4/91 has taken $40.00 cash. Two $20.00 dollar bills from my G.I. Vet. inducation paper along with destruction of a $17.00 work knife and handed back on 5/14/91. Two other knives same price $17.00, taken illegally. The City has failed to return a Luger Rifle of which I previously filed a claim. well over $600.00 REFERRED TO THE COMMITTEE ON FINANCE AND THE POLICE COMMISSIONER. No.99 ROBERT C. LANGENDORFER Objection to information requested for TCI Cable discount Enclosed please find a copy of TCI cable discount request. This application was sent to me at my request upon notice of available discount indicated on "rate increase notification." I believe the request for information required is an invasion of privacy by this corporation for a mere $2.00 discount per month for senior citizens. To offer this discount may be part of the law or contractual agreements required by the city but I think it is unnecessary to divulge the extent of this private information to, this company. I feel that the Common council should be aware that this unfair information is being required in order to qualify for this discount. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No.100 Latin American Cultural Association Erect Banner-Elmwood Avenue The Latin American Cultural Association, a non-profit Organization with base here in Buffalo, would like to obtain permission for the placement of a banner over the street in front of our store. The banner would be located between 114 and 115 Elmwood Avenue and its theme would be "From our house to yours" 3rd World Artists Exhibitions. This is part of our summer contribution to the Buffalo Area. The banner will be in place from May to September of 1991. We would like to know your decision with regard to this matter as soon as possible. Thank You for your time. REFERRED TO THE COMMITTEE ON LEGISLATION. No.101 Additional Information Residence 205 Shoshone The above mentioned project is a 10-bed supervised apartment site, providing 24-hour supervision. This program will be certified by the Office of Mental Retardation and Developmental Disabilities. This program is guided by Part 686 of the Mental Hygiene Law. The residents will all be developmentally disabled adults. A developmental disability occurs before the age of 22, and is expected to be a life-long condition. Mental Retardation, Epilepsy, Cerebral Palsy, Neurological Impairments, and Autism are the most common developmental disabilities. This program is expected to accommodate at least 5 persons from the City of Buffalo Three of the residents slated for admission already live in this district. All residents will be from Erie County. All of the residents will be employed outside the residence. They will be ambulatory, and must self evacuate from the building in case of fire. The building will have a complete hard-wire smoke, and fire detection system, along with electronic door monitors. The door monitors alert staff to the coming and going from the building. Should you need further information, please contact either my office, or Marcia Ergort, Residential Program Director, at 838-4444. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No.102 PEST MANAGEMENT BOARD Restore/Maintain Elm Trees As part of meeting its mandate to advise the city on moving towards a long-term broad perspective least toxic control approach to preserving Buffalo's ecosystem and management of pests, the Buffalo Pest Management Board held an official meeting to discuss 1991 activities to address elm leaf beetle infestation and longer range planning to support Buffalo's tree population. The Board is in the final stages of drafting a recommendation of a 3 year plan to address these issues based on a three tier effort of problem assessment, problem solving and public education. We will be forwarding this plan to the Council, the Mayor and the Parks Department, which is the city agency responsible for making decisions and implementing elm leaf beetle controls. The Buffalo Pest Management Board has also prepared this set of recommendations to the Common Council and the Mayor for your consideration and action as the elm leaf beetle season approaches. We have had the pleasure of numerous discussions with Parks Department staff as they have kept us updated on their efforts to develop a strategy for a least toxic approach to control of any infestations. We remain anxious to hear what decisions they reach on a control strategy and about the results of their initiatives to protect the trees and the health and safety of Buffalo's residents and children. We hope these recommendations will be helpful in achieving these ends and submit them to you with a number of pieces of supporting material. REFERRED TO THE COMMITTEE ON LEGISLATION No.103 REPUBLICAN PARTY CITY COMMITTEE Reapportionment Plan The City of Buffalo Republican Committee respectfully submits this reapportionment plan for the 1990's to the distinguished members of the City of Buffalo Common Council for consideration. (Map available in Council Staff Office.) This plan demonstrates our effort to design Councilmanic districts that properly represent all ethnic and minority group including the Republican Party, which is the largest unrepresented minority population in the City of Buffalo. Based on the percentage of minority populations stated the 1990 census figures, it is our belief that African-America and Hispanics should clearly be provided with a great opportunity for Councilmanic representation. We believe the current proposal is in violation of Section 2 of the Voting Rights Act, which states that a minority and/or ethnic population should not be split by political district boundaries in such way that would diminish the ability to " the election of a representative. "elect or influence The proposed lines by the Citizen Advisory Committee leaves the African American Community potentially under-represented in the next ten years! In keeping with Section 2 of the Voting Rights Act, we are urging you to consider this Republican plan which includes the creation of three African American districts The Republican plan also looks to unite the Hispanic community within one councilmanic district... which is something that the Hispanic community has fought strenuously for throughout this process. Yet under the proposed plan, the Hispanic population is split. Again, we believe this to be in direct violation of the Voting Rights Act, Section 2. As we all know reapportionment concerns itself with common interests, goals, ethnicity, neighborhoods, and that could logically include philosophies as a measure for establishing fair representation for all citizens in this elective process. Historically, political affiliation has been determined to be a legitimate criterion in the reapportionment process. So it is our belief that the largest unrepresented minority group. the Republican ....... deserves the opportunity for a "fair fight" district in the City of Buffalo. This minority group, 35,000 strong, has been targeted for extinction by the current plan. High percentage Republican election districts in the Delaware District have been drawn out and moved into the North District. This not only appears to be a direct attempt to carve out the Republicans, it clearly slashes the Lincoln and Chapin Parkway neighborhood right down the middle of the parkway. This configuration disrupts the integrity and commonality of that neighborhood without regard. Furthermore this eliminates the possibility for a "fair fight" district in the City of Buffalo. This fracturing of election districts and, in this case, neighborhoods, diminishes the population of the minority Republican party to the point where the enrollment numbers overwhelmingly favor the Democratic party over the Republican party. This inhibits the chances of Republicans electing or influencing the election of a representative. This is another violation of the Voting Rights Act, Section 2. The City of Buffalo Republican Committee believes that all minority groups deserve to have a chance for equal representation; we support all efforts that fight for justice in the reapportionment process. The Republican plan does not provide a Republican majority in the Delaware district or any other district, it simply seeks to create a "fair fight" district. Equally important is that our plan strives to maintain the natural integrity of some of Buffalo's historic neighborhoods. We appeal to your sense of fairness - to the principles that built our country. It is diversity that makes this City great and we all deserve equal opportunity for representation: African Americans, Hispanics, Neighborhood Communities and yes, even Republicans. REFERRED TO THE COMMITTEE OF THE WHOLE No.104 J. SACCO Info-Deferred Compensation Plan IT HAS COME TO MY ATTENTION YOU ARE IN THE PROCESS OF BIDDING YOUR DEFERRED COMPENSATION PLAN. FOR YOUR CONSIDERATION I WOULD LIKE TO MAKE SEVERAL RECOMMENDATIONS THAT HAY HELP IN YOUR DECISION MAKING. IN 1986, WHEN AS A MEMBER OF NIAGARA COUNTY LEGISLATURE, I WAS APPOINTED TO REVIEW THE PROCESS THAT HAD TO BE FOLLOWED. I RECOMMENDED THE COMMITTEE OF MANAGEMENT AND LABOR EMPLOYEES TO BEST SERVE AS PART OF THIS VITAL COMMITTEE. WE DID AN EXTENSIVE SEARCH AND REVIEW OF PLANS AND ADMINISTRATORS. GOING THROUGH THE BID PROCESS I NOTED WHO COULD BEST SERVE THE EMPLOYEES OF NIAGARA, AND WHAT AGENCY COULD GIVE THEM THE BEST RETURN FOR THEIR HONEY. THE BID WAS AWARDED TO EQUI-COMP AND ED MURRAY ALONG WITH BOB TEIGE WERE BEST ABLE TO MEET THESE DEMANDS. IN 1987 I CHOSE TO RUN FOR TOWN OF NIAGARA SUPERVISOR, BUT MY WIFE WORKS FOR NIAGARA COUNTY AND IS IN THE PLAN. THE BY WEEKLY STATEMENTS ARE PUNCTUAL, AND VERY EASY TO COMPREHEND EXACTLY WHERE OUR FUNDS ARE. THE TELEPHONE TRANSFERS ARE QUITE SIMPLE AND MOST ACCURATE. THE PROFITS OUR ACCOUNT IS ENJOYING IS VERY PROFITABLE. THE TWO PEOPLE RESPONSIBLE FOR PUTTING THIS BID TOGETHER, EXPLAINING IT TO THE EMPLOYEES, AND ALWAYS AVAILABLE AT A MOMENTS NOTICE ARE BOB TEIGE, LOCALLY. AND ED MURRAY, IN THE LONG ISLAND OFFICE. IN THE BEST INTEREST OF BETTER SERVICING YOUR EMPLOYEES, I VERY HIGHLY RECOMMEND THESE TWO GENTLEMEN, AND ASK THAT YOU SHARE THIS BIT OF INFORMATION WITH YOUR COMMON COUNCIL MEMBERS. PLEASE CONTACT ME IF YOU HAVE ANY QUESTIONS. REFERRED TO THE COUNCIL PRESIDENT No.105 SENATOR WILLIAM STACHOWSKI Support for Campus West Thank you for your recent inquiry regarding the future plans for the College Learning Laboratory/Campus West. I appreciate hearing your comments and can well understand your strong feelings on this matter. The decision to scale back the operation of CLL was made by SUNY Central in response to proposed funding reductions for the entire SUNY system. Our current fiscal deficit, which has tied up our present budget negotiations, has led to this situation on the Buffalo State campus. I want you to know that I am fully aware of the many accomplishments which have been achieved at Campus West over the years. Many parents, graduates and teachers have added their input citing the success they have achieved through this program. With that in mind, I can assure you that I will be working very closely with both Senator Tony Masiello and Assemblyman Bill Hoyt to determine which steps we can take to allow this fine work to continue in the manner we have come to expect. At present, it has yet to be seen if the members of the State Legislature can restore the funds for CLL without them being used for other SUNY purposes. In any event, we are committed to Campus West and will look at any possible avenues which will assure the quality educational programs offered to the 800+ students now taking advantage of the College Learning Lab. Once again, thank you for taking the time to share your comments and I look forward to hearing from you again regarding matters of mutual concern. REFERRED TO THE COMMlTTEE ON LEGISLATlON No.106 STATE UNIVERSITY AT NEW YORK TRUSTEES Status Campus West Funding This will acknowledge receipt of your letter of April 17, addressed to Mr. Frederic V. Salerno, Chairman of the Board of Trustees of State University of New York, in which you ask for an immediate response to the Common Council's request that the Board of Trustees reconsider its decision to reduce funding to the campus learning center at the College at Buffalo. As I explained to you by phone, your letter was only received in this office yesterday and by the time I sent it on to Mr. Salerno at his private office in white Plains, there would be no way in which we could get you an answer by 2 pm. on April 25 as you requested. In any event, since the reduction in funding to the campus learning center at the College at Buffalo was not a decision of the Board of Trustees, I have taken the liberty of forwarding your letter to Dr. Joseph C. Burke, Provost and Vice Chancellor for Academic Affairs, with a request that he or a member of his staff respond to your letter. However, I personally cannot resist making my own comment re the reference in your Council's resolution in which it is stated that the SUNY Board voted in 1976 to close the campus school located at the College at Buffalo and that it was only saved by the intervention of a Federal Court Judge. In addition to serving as Secretary to the Board, I also consider myself the unofficial archivist of the Board's files and I should like to report that according to the minutes of the Board's meeting in February 1976, the Board did take action to require that all campus schools in the University be phased out over the next year because the Governor's Executive Budget for 1976-77 called for such a drastic reduction in the funding of these schools that it would have been imprudent to try to continue them. Fortunately, the Iegislature that year restored funding to the campus schools in the adoption of the final State budget and in April, the Board rescinded its previous directive. Since then, the Board has not taken any action relating to our campus schools. REFERRED TO THE COMMITTEE ON LEGISLATION. No.107 STATE UNIVERSITY AT NEW YORK PROVOST Status Campus West Funding I am replying on behalf of Chairman Frederic Salerno to your letter of April 17, 1991, on the funding cut to the laboratory School at State University College at Buffalo. After many discussions with President Richardson about the laboratory School the decision was made here at Central Administration that given the size of the budget cuts for 1991-92 and the prospects for the next few years, it would be impossible to continue to provide the additional funding for that operation. This decision was reached after considerable thought and with great difficulty. We were assured by President Richardson that the laboratory School would now be totally funded and staffed by the school district. Our first priority must remain education of undergraduate and graduate students. The school district's continuation of the laboratory School means that Buffalo College's teacher education program can continue to benefit from the laboratory School. We recognize that the laboratory School has provided tremendous service in terms of special training for teachers and educational services to the community. However, the extent of budget reductions forces us to make substantial cuts that will severely impact all student instruction, and within this context we cannot continue to provide additional funding for the laboratory School. We hope that the members of Buffalo Council will appreciate the critical financial position facing SUNY and understand the reasons why this decision was reached. REFERRED TO THE COMMITTEE ON LEGISLATION. No.108 THEATRE DISTRICT ASSN. Oppose User Fees After consideration at a recent meeting, the Board of Directors of Theatre District Association of Western New York voted unanimously to declare its opposition to the resolution by Mr. Franczyk Proposing- an admission user fee at city-owned ports and entertainment facilities. Theatre District Association feels that, in its current form, the resolution does not offer a mechanism for the fair assessment of such a user fee, nor does it guarantee that funds so raised could or would be dedicated exclusively to the stated purpose of facility maintenance and rehabilitation. Theatre District Association appreciates the Council's efforts toward finding solutions to the problem of maintenance of public facilities, but strongly tion riot be adopted without further Consideration and revision. urges that this resolu REFERRED TO THE COMMITTEE ON FINANCE. No.109 VALLEY COMMUNITY ASSN. Favor Re-Naming Portion St. Stephen 's Regarding the enclosed our board of directors met on May l, 1991 and were in full agreement of renaming the indicated section of roadway Buffalo River Place. RECEIVED AND FILED. PETITIONS No.110 D'Youville College, owner, petition to use 631 Niagara Street for an advertising sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.111 D. Lewis, agent, petition to use 470 Elmwood Avenue for an outdoor cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.112 Louis Berrafato, owner, petition to use 396 Pearl Street for an outdoor cafe in the city R.O.W. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.113 Anthonio Macaluso, owner, petition to use 1458 Hertel Avenue for an outdoor cafe REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.114 Charlie Morreale, owner, petition to use 1220 Hertel Avenue for an outdoor cafe REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.115 Edward-Robinson agent and Dominic Molle, owner, petition to use 1430 Hertel for a Sidewalk Cafe REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.116 Tops Market, owner, petition to use 2131 Elmwood Avenue for a Pole Signs and illuminated ground signs. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.117 P. Calabro & O - Opp. City plans to construct metered parking along north side of Forest Avenue, between Elmwood and Richmond. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No.118 SALARY ORDINANCE AMENDMENT ENTERPRISE FUND - STADIUM & AUDITORIUM 61 - DEPARTMENT OF STADIUM & AUDITORIUM 61-2 MEMORIAL AUDITORIUM (ITEM NO. 218, C.C.P., APRIL 2, 1991) That the Salary Ordinance Amendment as contained in Item No. 218, C.C.P., April 2, 1991, be and the same hereby is approved. PASSED AYES-13 NOES-0. No.119 Local Law Introductory #4 Deputy Commissioner of Fire (Item # 194 CCP Mar 5, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.120 Deputy Fire Commissioners (Mayor) (Item # 6 CCP Mar 5, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.121 Deputy Fire Commissioners (A&F) (Item # 84 CCP Apr 16,1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.122 Local Law Introductory/Deputy Fire Commissioners/Local 282 (Item # 117 CCP Mar 19, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.123 Dr. J. DiPersio/Medical Report On A. DiPiano (Item # 93 CCP Apr 2, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.124 A.DiPiano/Return To Work (CC) (Item # 60 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.125 Medical Report/A. DiPiano (CSC) (Item # 83 CCP Apr. 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.126 RIVERSIDE SENIOR CENTER STAFF PROBLEM (ITEM NO. 213, C.C.P., APRIL 30, 1991) That this Common Council does hereby request the Mayor's Office for Senior Citizens to submit a report detailing, by title, the current staffing levels of all City-run senior centers, including a report of recent transfers, reassignments and requests to the Budget office for new personnel. ADOPTED No.127 Appointment Inspections & Community Revitalization//Chief Building Inspector That Communication No 78 ccp Apr 30, 1991 be received and filed and the Permanent appointment of Charles H. Phillips stated above at the Intermediate salary $30,838.00 effective on April 24, 1991 is hereby approved. PASSED AYES-13 NOES-0. No.128 Appointment Inspections & Community Revitalization//Chief Building Inspector That Communication No 79 C.C.P. Apr 30, 1991 be received and filed and the Permanent appointment of Samuel W. Phillips stated above at the Intermediate salary $30,838.00 effective on April 24, 1991 is hereby approved. PASSED AYES-13 NOES-0. No.129 Appointment Human Resources//Counselor III That Communication NO 81 C.C.P. Apr 30, 1991 be received and filed and the Provisional appointment of Joseph Mazza stated above at the Maximum salary $23,097.00 effective on April 24, 1991 is hereby approved. PASSED AYES-13 NOES-0. No.130 Notices Of Appointment (C.Clerk) (Item # 92 CCP Apr 30, 1991) That the above mentioned Item be and the same . is hereby received and filed. ADOPTED FINANCE HON. DAVID A. COLLINS CHAIRMAN No.131 Memorialize State//Admission User Fee (Stad.Aud.) (Item # 8 CCP Mar 5, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.132 Bisons Opposed To Admission User Fee (Item # 90 CCP Mar 5, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.133 Sabres Opposed/Admission user Fee (Item # 94 CCP Mar 5, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.134 Kleinhans Sustains//Admission User Fee (Item # 99 CCP Mar 5, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.135 Shea's/Admission User Fee (Item # 106 CCP Mar 5, 1991) That the above mentioned Item be and the same, is hereby received and filed. ADOPTED No.136 VETO - PILOT FIELD NAMING AGREEMENT (ITEM NO. 130, C.C.P., APRIL 30, 1991) That the above item be and the same hereby is returned to the Common Council without recommendation. MR. Collins moved: To override the Mayor's veto of Item No. 203, C.C.P. April 2, 1991, the proposed termination of the Pilot Field Naming Agreement. REPASSED AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS -11 NOES- BAKOS, RUTECKI-2. No.137 PILOT AIR FREIGHT CORPORATION - NAMING RIGHTS AGREEMENT DATED JUNE 19, 1986 (Item No. 131, C.C.P. 4/30/91) That the above communication from William F. Savino, Esq. be, and it hereby is, returned to the full Common Council without recommendation. MR. FAHEY moved: That the above referenced item be, and it hereby is received and filed. ADOPTED No.138 MEETING WITH PRINCIPALS OF PILOT AIR FREIGHT (ITEM NO. 196, C.C.P., APRIL 16, 1991) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Fahey moved: That this Council requests a meeting with the principals of Pilot Air Freight to see if an out-of-court settlement can be reached in order to avoid any and all litigation on this issue. ADOPTED. No.139 Bennett Beach Proposals (CC) (Item # 53 CCP Apr 2, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.140 Assessment Issues/Bennett Beach Proposal (Assmt) (Item # 27 CCP Apr 2, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.141 Town Of Evans Tax Exempt Status/Bennett Beach (Item # 103 C.C.P. Apr 2, 1991 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.142 Town Of Evans Reply To Tax Exempt Request (CC) (Item # 61 C.C.P. Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.143 PROPOSED LEASE AGREEMENT BETWEEN OLYMPIC MANAGEMENT SYSTEMS, INC. AND THE CITY OF BUFFALO (ITEM NO. 41, C.C.P. APRIL 30, 1991) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Collins moved that the above item be and the same is hereby received and filed. ADOPTED No.144 Revised Capital Debt Service Fund Budget (Compt) (Item # 28 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby referred to the Committee of The Whole. ADOPTED No.145 TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS ENTERPRISE CAPITAL PROJECTS FUND DIVISION OF DEVELOPMENT (ITEM NO. 198, C.C.P., APRIL 16, 1991) That the above Transfer of Funds as contained in Item No. 198, C.C.P., April 16, 1991, is approved. PASSED AYES-13 NOES-0. No.146 NEW YORK STATE OCCUPATIONAL SAFETY & HEALTH TRAINING & EDUCATION PROGRAM GRANT (ITEM NO. 47, C.C.P. APRIL 16, 1991) That the above item be and the same hereby is returned to the Common Council without recommendation. MR. FAHEY moved: The Commissioner of Public Safety is hereby authorized to execute a grant agreement providing $75,000 in funds from the State of New York and a Memorandum of Agreement with Risk and Technical Management, Inc. to provide employee safety and health training during the 1991-1992 year. PASSED AYES-13 NOES-0. No.147 ORDINANCE AMENDMENT CHAPTER 175 - FEES (ITEM NO. 193, C.C.P., APRIL 30, 1991) That the Ordinance Amendment as contained in Item 193, C.C.P., April 30, 1991, be and the same hereby is approved. PASSED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA-11 NOES- PITTS, RUTECKI-2. No.148 Result Private Sale//A 42 Emslie (Compt) (Item # 22 CCP Apr 2, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.149 WOMEN FOR HUMAN RIGHTS AND DIGNITY, INC. TRANSFER PROPERTIES BUELL STREET AND HUMBOLDT PKWY. (ITEM NO. 116 C.C.P. APRIL 16, 1991) That communication No. 116 C.C.P. April 16, 1991, be received and filed; and That the Comptroller is authorized to negotiate the transfer and sale of Nos. 8, 11, 29, 31 Buell Street and 544 and 546 Humboldt Pkwy. to Women for Human Rights and Dignity, Inc; and That the Comptroller is directed to report back the result of such negotiations for the further action of this Honorable Body. and, That the Mayor be and he hereby is authorized to execute, and the Comptroller be and he hereby is authorized to deliver a deed or deeds transferring title to Nos. 8, 11, 29 and 31 Buell Street and 544 and 546 Humboldt Pkwy. to Women for Human Rights and Dignity. PASSED AYES-13 NOES-0. No.150 Purchase of 8 Buell (CC) (Item # 59 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.151 Acquire 28 Hertel For $530,000 (A&F) (Item # 57 CCP Feb 5, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.152 Information//28 Hertel (cd) (Item # 69 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.153 J.Anderson//Return Auctioned Property/45 Edna (Item # 109 CCP Mar 19, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.154 F.Hellwitz/Cancel Prior Assessments 7-9 Cottage (Item # 97 CCP Apr 2,1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.155 Compromise Tax Liability 7-9 Cottage (Item # 216 CCP Apr 2, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.156 CANCEL PRIOR YEARS ASSESSMENT 7-9 COTTAGE STREET (ITEM NO. 28 C.C.P., APRIL 30, 1991) That the above communication is received and filed; and That the Department of Assessment is directed to cancel any retroactive assessment made on the aforementioned property which is not consistent with the New York State Real Property Tax Law. PASSED AYES-13 NOES-0. LEGISLATION HON. ALFRED T.. COPPOLA CHAIRMAN No.157 F. TURGEON, OWNER, PETITION TO USE 3403 BAILEY FOR AN OUTDOOR PATIO ON THE FRONT OF AN EXISTING RESTAURANT (Item No. 110, C.C.P., 4/30/91) That after a public hearing held before the Committee on Legislation on May 7, 1991 the petition of F. Turgeon to use 3403 Bailey Avenue for an outdoor patio on the front of an existing restaurant, be and the same hereby is approved, upon the following conditions: 1. That it be opened no later than 11:00 p.m. daily; 2. That no music be played in patio area; and 3. That no trash receptacles be placed in the patio area. PASSED. AYES-13 NOES-0. No.158 D. ALFIERI, OWNER, PETITION TO USE 1669 HERTEL AVENUE FOR AN OUTDOOR CAFE (Item No. 1119 C.C.P.,4/30/91) That after a public hearing held before the Committee on Legislation on May 7, 1991 the petition of D. Alfieri to use 1669 Hertel Avenue for an outdoor cafe be and the same hereby is approved, upon the following conditions: l. That the patio be opened no later than 11:00 pm. daily; 2. That no music be played in patio area; and 3. That no trash receptacles be placed in the patio area. PASSED AYES-13 NOES-0. No.159 Mobil Oil Corp., owner, Petition to Use Babcock to Construct a New Truck Loading Rack (Item No. 112, C.C.P. , April 30, 1991) That after a public hearing held before the Committee on Legislation on May 7, 1991 the petition of Mobil Oil Corp. to use l Babcock to construct a new truck loading rack for tanker trucks be and the same hereby is approved. PASSED AYES-13 NOES-0. No.160 Siegel, Kelleher and Kahn, owners, petition To Use 420 Franklin Street for a Ground Sign for Business Identification (Item No. 113, C.C.P., April 30, 1991) That after a public hearing held before the Committee on Legislation on May 7, 1991 the petition of Siegel, Kelleher and Kahn to use 420 Franklin Street for a ground sign for business identification be and the same hereby is approved. PASSED AYES-13 NOES-0. No.161 ERIE COUNTY INDUSTRIAL, OWNER, PETITION TO USE 369 FRANKLIN STREET FOR AN ILLUMINATED GROUND SIGN (Item No. 117, C.C.P., April l6, 1991) That after a public hearing held before the Committee on Legislation on May 7, 1991 the petition of Erie County Industrial to use 369 Franklin Street for an illuminated ground sign be and the same hereby is approved. PASSED AYES-13 NOES-0. No.162 ENVIRONMENTAL ASSESSMENT FORM ERIE COUNTY IDA - REQUEST TO PLACE A GROUND SIGN AT 369 FRANKLIN STREET (ITEM NO. 70, C.C.P., APRIL 30, 1991) That Item No. 70, C.C.P., April 30, 1991 - "ERIE COUNTY IDA - REQUEST TO PLACE A GROUND SIGN AT 369 FRANKLIN STREET" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II). Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED No.163 Erie County IDA/Ground Sign/369 Franklin (CPBD) (Item # 13 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.164 P.B.B. USA, INC., OWNER, PETITION TO USE 434-438 DELAWARE FOR A POLE SIGN (Item No. 121, C.C.P., 4/16/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That after a hearing held by the Committee on Legislation on May 7, 1991 P.B.B. USA be and the same hereby is granted permission to use 434-438 Delaware for a pole sign. PASSED AYES-13 NOES-0. No.165 P.B.B. USA INC. - APPLICATION TO ERECT A NON-ILLUMINATED ACCESSORY GROUND SIGN AT 434-438 DELAWARE (Item No. 72, C.C.P., 4/30/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the communication from the Commissioner of Community Development, dated April 23, 1991 be received and filed; and That Item No. 72, C.C.P., April 30, 1991 "P.B.B. USA Inc. - Application to erect a non-illuminated accessory ground sign at 434-438 Delaware" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II). Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED No.166 P.B.B. USA INC. - APPLICATION TO ERECT A NON-ILLUMINATED ACCESSORY GROUND SIGN AT 434-438 DELAWARE AVENUE (Item No. 15, C.C.P., 4/30/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be and the same hereby is received and filed. ADOPTED No.167 MARCIA LEVINE, D.V.M., OWNER, PETITION TO USE 25 SUMMER STREET FOR A GROUND SIGN FOR EXISTING VETERINARY CLINIC (Item No. 105, C.C.P., 4/2/91) That after a public hearing held before the Committee on Legislation on May 7, 1991 the petition of Marcia Levine, D.V.M., owner, to use 25 Summer Street for a ground sign for an existing veterinary clinic be and the same hereby is approved. PASSED AYES-13 NOES-0. No.168 ENVIRONMENTAL ASSESSMENT FORM M. LEVINE - APPLICATION TO PLACE A NON- ILLUMINATED GROUND SIGN AT 25 SUMMER STREET (ITEM NO. 74, C.C.P., April l6, 1991) That Item No. 74, C.C.P., April 16, 1991 "M. Levine - Application to place a non-illuminated ground sign at 25 Summer Street" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part II). Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No.169 M.Levine/Ground Sign/25 Summer (CPBD) (Item # 9 Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.170 L. Wilson & Others/Support Outdoor Cafe 1669 Hertel (Item # 115 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.171 ORDINANCE AMENDMENT CHAPTER 12, SECTION 2l - CODE OF ETHICS (Item No. 177, C.C.P., 4/2/91) That the above Ordinance Amendment as contained in Item No. 177, C.C.P., 4/2/91, be and the same hereby is approved. PASSED AYES-13 NOES-0. No.172 Ordinance Amendment/Ch 175 Fees/Combustible Material Storage (Item # 178 CCP Apr 2, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.173 ORDINANCE AMENDMENT - NEW SECTION Il OF CHAPTER 281 - LOW INCOME HOUSING (Item No. 214, C.C.P., 1/22/91) That the above Ordinance Amendment, as contained in Item No. 214, C.C.P., January 22, 1991 be and the same hereby is approved. PASSED AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, RUTECKI-10 NOES- ARTHUR, LOTEMPIO, PITTS- 3. No.174 Ordinance Amendment/Low Income Housing (CC) (Item # 60 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.175 ORDINANCE AMENDMENT CHAPTER 511, SECTION 68.1 - HAMLIN PARK OVERLAY REVIEW DISTRICT (Item No. 203, C.C.P., 4/30/91) That the above Ordinance Amendment, as contained in Item No. 203, C.C.P., April 30, 1991 be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the above Ordinance Amendment as contained in Item No. 203, C.C.P., April 30, 1991 be and the same hereby is received and filed. ADOPTED. No.176 Rename Portion Of St. Stephens s Place (Police) (Item # 54 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.177 Rename Portion Of St. Stephens (CPBD) (Item # 16 Apr 30, 1991 CCP) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.178 Rename Portion Of St. Stephens (Police) (Item # 50 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.179 REQUEST INVESTIGATION BY BOARD OF ETHICS (Item No. 207, C.C.P., 4/2/91) That the Board of Ethics is requested to examine the circumstances surrounding the recent six-count federal indictment following the Parks Department probe which names City officials and members of the families of City officials to determine if the Code of Ethics has been violated and, if so, what course of action should be taken. ADOPTED No.180 Request Investigation By Board Of Ethics (CC) (Item # 62 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.181 USE DELAWARE PARK-CHINA DEMOCRACY RALLY (Item No. 43, C.C.P., 4/30/91) That a permit be issued for the China Democracy Rally in Delaware Park on the condition that the Parks Commissioner receives assurances of security, clean-up, insurance for the event and a check for the bandshell. PASSED AYES-13 NOES-0. ECONOMIC DEVELOPMENT HON CLIFFORD BELL CHAIRMAN No.182 Hearing - Land Disposition Agreement Amendment Virginia Street New Housing (Item No. 73, C.C.P. April 30, 1991) That the above item be and hereby is returned to the Common Council without recommendation. The above item has been set for a public hearing before the Common Council at its regularly scheduled meeting on May 14, 1991, at 2:00 P.M., and that notice of same has been properly published in the Buffalo News, and a copy of same is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances:- In Favor-Louis Malucci Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins. CARRIED. Mr. Fahey moved that WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Atkin Construction Corp. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and WHEREAS, the proposed Amendment to Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: (1)That Atkin Construction Corp. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Virginia Street New Housing Project (2) That the document entitled "Contract for the Sale of Land for Private Development" (herein referred to as LDA) by and between the City of Buffalo Urban Renewal Agency and Atkin Construction Corp. is hereby approved to be amended to include 279 and 350 Germania Street in Schedule A and to delete 278-280 Germania Street and 266 Mystic Street from Schedule A. (3)That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" and "Amendment to Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED AYES-13 NOES-0. No.183 Hearing - Land Disposition Agreement Michigan In-fill Housing (Item No. 74, C.C.P. April 30, 1991) That the above item be and hereby is returned to the Common Council without recommendation. The above item has been set for a public hearing before the Common Council at its regularly scheduled meeting on May 14, 1991, at 2:00 P.M., and that notice of same has been properly published in the Buffalo News, and a copy of same is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances:- In Favor-Louis Malucci Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins. CARRIED. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. Seconded by Mr. Rutecki ADOPTED No.184 Homestead Program/Plan Supplement (CPBD) (Item # 10 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.185 Homestead Program/Plan Supplement EAF (CD) (Item # 75 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.186 Rollover Low Income Housing Tax Credits (ICR) (Item # 75 CCP Apr. 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED RESOLUTIONS No.187 BY:MR. ARTHUR REQUEST REPORT FROM BOARD OF EDUCATION - PLANS FOR IMPROVING CONDITIONS SCHOOL 59 WHEREAS: This Common Council has been concerned for some time with construction difficulties and delays at the Science Magnet School, adopting two resolutions requesting reports from the Board of Education on the school's status. (C.C.P. No. 262, September 19, 1990 and C.C.P. No. 218 October 16, 1990); and WHEREAS:The facility is now complete and occupied, recently earning a citation from the American Association of School Administrators, as one of the nation's 10 best designed schools; and WHEREAS:The high praise received by the School and its design have led to heavy registration at the school, resulting in an overflow problem and producing public complaints from parents whose children in grades prekindergarten through two, are sent to School 59 (the old school 24). One parent was recently quoted as saying: "You go on tours of this great new building. Our children are in a dump. You feel like you kind of got fooled." NOW THEREFORE BE IT RESOLVED THAT: This Common Council requests a report from the Board of Education on its plans, if any, to improve conditions at School 59. Has the Board made provision in its 1990-91 budget for repairs to the facility, or are there plans for discontinuing the use of School 59? In the event that School 59 continues to house overflow students, does the Board plan to inform parents that their children will not be in the new $20 million facility, thus permitting them the opportunity to make other arrangements for their children if they so desire? ADOPTED. No.188 BY: MR. ARTHUR Discharge the Committee on Legislation Rest. /Dancing License - 3405 Bailey Item No. 44 December 11, 1990 Whereas: The above item is presently before the Committee on Legislation; and Whereas: It is no longer necessary for this item to be considered by that Committee; Now, Therefore, Be It Resolved, that this Common Council does hereby Discharge the Committee on Legislation from further consideration of the above item, and said item is now before the Council. CARRIED. Mr. Fahey now moved the above item be and hereby is denied Seconded by Mr. Amos ADOPTED AYES-13 NOES-0. No.189 BY: MR. BAKOS RENAME PORTION OF ST. STEPHENS PLACE WHEREAS: The Legislation Committee of the Common Council recently studied a request from the Traffic Division of the Buffalo Police Department (Com. 54, C.C.P. 4/16/91) to rename a portion of St. Stephens Place to eliminate confusion caused by its non-contiguous configuration; and WHEREAS: The City Planning Board via Com. 16, C.C.P. 4/30/91, the Police Commissioner via Com. 50, 5/30/91, and the Fire Department in discussions in the Legislation Committee concurred with the Traffic Division and endorsed a name change for the portion of St. Stephens Place between Bolton Place and the foot of Harvey Place; and NOW,THEREFORE BE IT RESOLVED: That the Common Council authorizes the Department of Public Works to change the name of that portion of St. Stephens Street which runs from Harvey Place to Bolton Place to "Buffalo River Place;" and; BE IT FURTHER RESOLVED: That the Department of Public Works erect street signs reflecting the name change. PASSED. AYES-13 NOES-0. No.190 BY:MR. BAKOS Resume for Richard Lips Resolved: Attached please find a copy of the resume of Richard J. Lippes, for appointment to the vacancy on the Horizons Commission. It will be my recommendation to have the nomination sent to Committee so that the Council members will have and opportunity to question him. REFERRED TO THE COMMITTEE ON LEGISLATION. No.191 BY:MR. BELL LANGSTON HUGHES UNFINISHED BUSINESS WHEREAS: In October, 1990, the Buffalo Common Council approved an amendment to the Urban Renewal Plan which made available to the Main/High Medical Development three pieces of property; and WHEREAS: One of the conditions for this approval was an agreement to settle the claim of Langston Hughes and its organization receiving clear title to the property at 25 High Street under specific conditions; and WHEREAS: A resolution approved by the Buffalo Common Council during the October meeting spelled out the parameters under which this title could be attained; and WHEREAS: Over the past few months Langston Hughes Institute's.;-Board of Directors have worked diligently to comply with, conditions as set by Community Development; and WHEREAS: In spite of all of Langston Hughes' efforts , the Department of Community Development and B.U.R.A. have deliberately withheld any opportunity for Langston Hughes Institute to realize their dream of rehabilitating their High Street property and the adjoining parking lot; and WHEREAS: Moreover, as a result of this lack of cooperation, Langston Hughes Institute is stalemated with, regard to ownership and redevelopment of the 25 High Street property, because finances can not be generated without site control; and WHEREAS: The failure to comply with, Langston Hughes represents a serious breach in commitment to the Council and Langston Hughes; NOW, THEREFORE, BE IT RESOLVED: That Community Development provide the Council with the guidelines as agreed in meetings with representatives of Langston Hughes Institute which, will qualify Langston Hughes for title and development status of 25 High Street; and BE IT FURTHER RESOLVED: That Community Development, in conjunction with B.U.R.A. , begin the L.D.A. process which transfers title and development designation to the Langston Hughes Institute with agreed upon conditions; and BE IT FINALLY RESOLVED: That a report on the progress of this agreement be filed with the Council in the next 30 days. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND BUFFALO URBAN RENEWAL AGENCY. No.192 BY:MR. COLLINS BlLLBOARD SPACING WITHIN CITY AND ELIMINATION OF BILLBOARDS ON CITY PROPERTY WHEREAS: The City of Buffalo currently leases property to various billboard companies and has no guidelines on the distance between billboards and the regulating of the number of billboards within a area; and WHEREAS: Billboards, no matter how well maintained, are not aesthetically pleasing and not conducive to the quality of life most Buffalonians wish to enjoy; and WHEREAS: The sad fact is that billboards dominate much of the landscape throughout the city, overshadowing buildings and trees, eroding cultural and architectural diversity, ruining scenic views and historic ambience, and blighting entire neighborhoods; and WHEREAS: The amount of billboards, with enlarged pictures up to 700 square feet, sometimes raised 1OO feet in the air, or billboards on every street corner, with some intersections having as many as four on them, creates a great deal of congestion and, to many, a disturbing form of litter, throughout the City of Buffalo; and WHEREAS: Pollution is not limited to the air we breathe and the water we drink, it can equally offend the eye and ear; and WHEREAS: The money derived from renting city property to billboard companies is insignificant in view of the environmental harm and loss of aesthetic values attributed to the existence of billboards in our Community and especially residents who happen to own property in near proximity of a billboard sign; and WHEREAS: It is unfair for residents to suffer decreases in property value for a minor profit the City realizes; NOW, THEREFORE, BE IT RESOLVED, This Honorable Body does hereby notify the Real Estate Division of the City of Buffalo not to renew any current billboard contracts when they expire and notify all billboard companies renting city property that when their current contracts expire, they will not be renewed and that all billboards must be removed from city property at the termination of these leases; BE, IT FURTHER RESOLVED, That the Law Department is directed to le with this Common Council guidelines for regulating the number of billboards within a certain area, a establishing an allowable distance between billboards. REFERRED TO THE COMMlTTEE ON LEGISLATlON No.193 BY:MR. COPPOLA OPPOSE INCREASED TRUCK SIZES AND WEIGHTS ON NEW YORK STATE HIGHWAYS WHEREAS: The trucking industry is lobbying Congress to have the current 80,000 lb. gross vehicle weight limit on trucks lifted; and WHEREAS: The lifting of the weight limit would lead to widespread operation of double and triple tractor trailers on public highways; and WHEREAS: U.S. Department of Transportation research shows that multiple trailer trucks are involved in more fatal accidents than single-unit trucks. NOW THEREFORE BE IT RESOLVED THAT This Common Council of the City of Buffalo is opposed to any increases in truck size and weight limits. BE IT FURTHER RESOLVED THAT The City Clerk send certified copies of this resolution to Rep. Henry Nowak and Senator Daniel P. Moynihan, both of whom serve on Congressional committees with jurisdiction over truck weight limits, with copies also sent to the Western New York representatives to the State Senate and Assembly. ADOPTED. No.194 BY:MR. COPPOLA REQUEST UPDATE ON CNG WHEREAS: The Common Council has previously adopted two resolutions regarding the use of Compressed Natural Gas (CNG) as an alternative fuel for city-owned vehicles; and WHEREAS: The Town of Tonawanda was the first municipality in this area to test CNG and because of the positive test results is converting all vehicles to CNG; and WHEREAS: The City of Buffalo would realize significant savings because our dependency on foreign oil with its escalating prices would be drastically reduced; and WHEREAS: The city should embrace the conversion to CNG as a low-cost alternative, not only because it would reduce the cost of doing business but because CNG is an environmentally conscientious alternative, and a safer fuel than gasoline. NOW THEREFORE BE IT RESOLVED THAT This Common Council reiterates its support of Compressed Natural Gas as an alternative fuel for city-owned vehicles and requests an update from the Commissioner of Administration and Finance on any research that has been conducted on the possible conversion to CNG. ADOPTED. No.195 BY:MR. COPPOLA COUNCIL TASK FORCE ON MEDICAL WASTE DISPOSAL OPTIONS WHEREAS: Local hospitals are currently deciding how to meet new state regulations for medical waste incinerators which take effect in January of 1992; and WHEREAS: This Common Council has previously expressed reservations about incineration because incinerators can cause air emissions of lead, cadmium, chromium, dioxins, dibenzofurans and other toxins and most hospitals are located in residential areas; and WHEREAS: Children's Hospital was recently denied a variance to build a new incinerator by the Zoning Board of Appeals, reportedly because their application didn't address environmental questions; and WHEREAS: This Council has encouraged local hospitals to explore alternatives to building or retrofitting incinerators at each hospital including waste reduction, recycling, siting a larger incinerator which could service more than one hospital, and the use of on-site or off-site autoclaving units to sterilize wastes; and WHEREAS: A Common Council Task Force on Medical Waste options would be one way to insure that alternatives are properly-explored and to increase communication between the hospitals, this Council and the communities surrounding the hospitals; NOW, THEREFORE BE IT RESOLVED THAT: A Common Council Task Force on Medical Waste Disposal Options is hereby established with the charge of increasing communication between local hospitals, this Council and the communities surrounding the hospitals; and BE IT FURTHER RESOLVED THAT: The charge of this Task Force will also include insuring that alternatives for medical waste disposal are properly explored and evaluated for their environmental impacts; and BE IT FURTHER RESOLVED THAT: This Task Force will include three members to be appointed by the Western New York Hospital Association and six members appointed by the Common Council three of whom will represent environmental organizations, and three of whom will represent neighborhoods close to local hospitals; and BE IT FINALLY RESOLVED THAT: The City Clerk be directed to send certified copies of this resolution to the Western New York Hospital Association, the Sierra Club, Great Lakes United, the Buffalo Greens, Citizen Action of New York, WHY Reach and the New York Public Interest Research Group. ADOPTED. No.196 BY:MR. COPPOLA OPPOSE NIMO DECISION TO NO LONGER PROVIDE ELECTRIC METER CABINETS WHEREAS: Niagara Mohawk Power Corporation has filed a revision with the Public Service Commission to amend NiMo's policy in providing electric meter cabinets; and WHEREAS: This revision would release the company from providing meter cabinets to customers free of charge for new electrical installations or rewiring jobs for any customer rated at less than 400 amp; and WHEREAS: Those customers rated at 400 amps would be commercial or industrial accounts; and WHEREAS: The purchase of the meter cabinet would be the responsibility of the customer or electrical contractor; and WHEREAS: Niagara Mohawk claims to provide 40,000 meter cabinets annually and projects a savings of over $300,000 if this proposal is approved by the PSC on May 22, 1991; and WHEREAS: Although this may not present a hardship to customers of Niagara Mohawk Power Corporation, it is another example of costs being passed onto all to benefit a few. NOW THEREFORE BE IT RESOLVED THAT This Common Council is opposed to the revision filed with the Public Service Commission by Niagara Mohawk Power Corporation which would release the company from providing free meter cabinets to customers rated at less than 400 amps. BE IT FURTHER RESOLVED THAT The City Clerk forward certified copies of this resolution to the Public Service Commission in Albany, and Niagara Mohawk Power Corporation. ADOPTED. No.197 BY:MR. FAHEY COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM SUPPLEMENT Public Hearing WHEREAS, the Urban Renewal Plan for the Community Wide Urban Renewal Homestead Program was approved by the Common Council on September 18, 1984, C.C.P. No. 279; and WHEREAS, it has been determined that additional supplements to the originally approved Urban Renewal Plan area are allowed under Section E of the Plan; and WHEREAS, the Dept. of Inspections and Community Revitalization has proposed additional supplements which will allow construction of approximately 568 housing units utilizing vacant city owned parcels; and WHEREAS, the City Planning Board, after the required public hearings on March 12 and April 9, 1991 approved the supplements to the Urban Renewal Plan; and WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law require that the Urban Renewal Plan Supplements be approved only after a public hearing on due notice. Be it noted that the Condemnor is exempt from compliance with Article 2 of the Eminent Domain Procedure Law. NOW, THEREFORE, BE IT RESOLVED: l. That the City Clerk is hereby directed to public the notice attached hereto and marked "Notice of Hearing" in the Buffalo News and the City Record, not later than the 18th day of May, 1991. 2. That this Common Council will conduct a public hearing on the matters " Notice of Hearing at 2:00 pm. in the Council Chambers on May 28, 1991. stated in said ADOPTED No.198 BY:MR. FAHEY CITY OF BUFFALO LOCAL LAW NO ___ (1991) INTRODUCTORY NO.12 (1991) A LOCAL LAW amending Section S of Article 1 of the Charter of the City of Buffalo relating to Council Districts. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Section 5 of Article 1 of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as set forth in the attached Schedule "A": Section 2. This local law shall take effect immediately. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL REFERRED TO THE COMMITTEE ON LEGISLATION SCHEDULE "A" NORTH DISTRICT Beginning at the point of intersection of the northerly city line (Kenmore Avenue) with the center line of Delaware Avenue and running thence southerly along the center line of Delaware Avenue to its intersection with the center line of Bedford Avenue; running thence westerly along the center line of Bedford Avenue to its intersection with the center line of Dana Road; running thence southerly along the center line of Dana Road to its intersection with the center line of Middlesex Road; running thence easterly along the center line of Middlesex Road to its intersection with the center line of Delaware Avenue; running thence southerly along the center line of Delaware Avenue to its intersection with the center line of the Scajaquada Creek Expressway; running thence westerly along the center line of the Scajaquada Creek Expressway to the center line of Lincoln Parkway; running thence southerly along the center line of Lincoln Parkway to Soldiers Place; running thence southeasterly along the center line of Chapin Parkway to the center line of West Delavan Avenue; running thence westerly along the center line of West Delavan Avenue to the center line of Elmwood Avenue; running thence southerly along the center line of Elmwood Avenue to the center line of Auburn Avenue; running thence westerly along the center line of Auburn Avenue to the center line of Richmond Avenue; running thence northerly along the center line of Richmond Avenue to the center line of Bird Avenue; running thence westerly along the center line of Bird Avenue to the center line of Baynes Street; running thence northerly along the center line of Baynes Street to the center line of Forest Avenue; running thence westerly along the center line of Forest Avenue to its intersection with the easterly line of the Black Rock Harbor; running thence southerly along the easterly line of the Black Rock Harbor to its intersection with the westerly extension of the center line of Potomac Avenue; running thence westerly along the westerly extension of the center line of Potomac Avenue across Squaw Island to the easterly boundary line of the City of Buffalo; running thence northerly along the westerly boundary line of the City of Buffalo to its intersection with the southwesterly extension of the center line of Vulcan Street, said center line of Vulcan Street being the north-westerly boundary line of the City of Buffalo; running thence northeasterly along the northwesterly boundary line of the City of Buffalo to its intersection with the center line of Kenmore Avenue, said center line of Kenmore Avenue being the northeasterly boundary line of the City of Buffalo; running thence southeasterly along the northeasterly boundary line of the City of Buffalo to its intersection with the northerly boundary line of the City of Buffalo; running thence easterly along the northerly boundary line of the City of Buffalo to the point of beginning. DELAWARE DISTRICT Beginning at the point of intersection of the northerly boundary line of the City of Buffalo with the center line of Starin Avenue and running thence southerly along the center line of Starin Avenue to its intersection with the center line of Hertel Avenue; running thence easterly along the center line of Hertel Avenue to its intersection with the center line of Main Street; running thence southwesterly along the center line of Main Street to the center line of Bryant; running thence westerly along the center line of Bryant to the center line of Richmond Avenue; running thence northerly along the center line of Richmond Avenue to Auburn Avenue; running thence easterly along the center line of Auburn Avenue to the center line of Elmwood Avenue; running thence northerly along the center line of Elmwood Avenue to the center line of West Delavan Avenue; running thence easterly along the center line of West Delavan Avenue to its intersection with the center line of Chapin Parkway; running thence northwesterly along the center line of Chapin Parkway to Soldiers Place; running thence northerly along the center line of Lincoln Parkway to its intersection with the Scajaquada Expressway; running thence easterly along the center line of the Scajaquada Expressway to its intersection with the center line of Delaware Avenue; running thence northerly along the center line of Delaware Avenue to its intersection with the center line of Middlesex Road; running thence westerly along the center line of Middlesex Road to its intersection with the center line of Dana Road; running thence northerly along the center line of Dana Road to its intersection with the center line of Bedford Avenue; running thence easterly along the center line of Bedford Avenue to its intersection with the center line of Delaware Avenue; running thence northerly along the center line of Delaware Avenue to its intersection with the center line of Kenmore Avenue, said center line of Kenmore Avenue being the northerly boundary line of the City of Buffalo; running thence easterly along the center line of Kenmore Avenue, which is the northerly boundary line of the City of Buffalo, to the point of beginning. UNIVERSITY DISTRICT Beginning at the intersection of the center line of Starin Avenue with the center line of Kenmore Avenue, said center line of Kenmore Avenue being the northerly boundary line of the City of Buffalo and running thence easterly along the northerly boundary line of the City of Buffalo to its intersection with the center line of Main Street; running thence north-easterly along the center line of Main Street, said center line of Main Street being the northwesterly boundary line of the City of Buffalo, to its intersection with the easterly boundary line of the City of Buffalo; running thence southerly along the easterly boundary line of the City of Buffalo to its intersection with the northerly boundary line of the city of Buffalo; running thence easterly along the northerly boundary line of the City of Buffalo to the easterly boundary line of the City of Buffalo; running thence southerly along the easterly boundary line of the City of Buffalo to its intersection with the center line of the easterly extension of Easton Avenue; running thence westerly along the center line of the easterly extension of Easton Avenue to its intersection with the center line of Courtland Street; running thence southerly along the center line of Courtland Street to its intersection with the center line of East Delavan Avenue; running thence westerly along the center line of East Delavan Avenue to its intersection with the center line of Ericson Avenue; running thence northerly along the center line of Ericson Avenue to its intersection with the center line of Gerald Avenue; running thence westerly along the center line of Gerald Avenue to the center line of Bailey Avenue; running thence northerly along the center line of Bailey Avenue to the center line of Dorris Avenue; running thence westerly along the center line of Dorris Avenue and its westerly extension to its intersection with the center line of the right-of-way of the former Lackawanna Railroad; running thence northwesterly along the center line of the former Lackawanna Railroad to its intersection with the center line of East Amherst Street; running thence westerly along the center line of East Amherst Street to its intersection with the center line of Main Street; running thence northeasterly along the center line of Main Street to its intersection with the center line of Hertel Avenue; running thence westerly along the center line of Hertel Avenue to its intersection with the center line of Starin Avenue; running thence northerly along the center line of Starin Avenue to the point of beginning. LOVEJOY DISTRICT Beginning at the point of intersection of the center line of the easterly extension of Easton Avenue with the easterly boundary line of the City of Buffalo and running thence southerly along the easterly boundary line of the City of Buffalo to its intersection with the center line of Mineral Spring Road; running thence southwesterly along the center line of Mineral Spring Road to its intersection with the center line of the former Pennsylvania Railroad; running thence northwesterly along the center line of the right-of-way of the former Pennsylvania Railroad to its intersection with the center line of the Buffalo River; running thence westerly and southwesterly along the center line of the Buffalo River to its intersection with the center line of Bailey Avenue; running thence southerly along the center line of Bailey Avenue to its intersection with the center line of Cazenovia Creek; running thence southeasterly along the center line of Cazenovia Creek to its intersection with the center line of Southside Parkway; running thence southerly along the center line of Southside Parkway to its intersection with the center line of Abbott Road; running thence northwesterly along the center line of Abbott Road and South Park Avenue to its intersection with the center line of the Buffalo River; running thence generally in a westerly direction to its intersection with the center line of the right-of-way of the former Pennsylvania Railroad; running thence northerly along the center line of the right-of-way of the former Pennsylvania Railroad to its intersection with the center line of South Park Avenue; running thence easterly along the center line of South Park Avenue to its intersection with the center line of Van Rensselaer Street; running thence northerly along the center line of Van Rensselaer Street to its intersection with the center line of the Niagara Section of the New York State Thruway; running thence easterly along the center line of the Niagara Section of the New York State Thruway to its intersection with the center line of the right-of-way of the former New York Central Railroad; running thence northeasterly along the center line of the right-of-way of the former New York Central Railroad to its intersection with the center line of the right-of-way of the former Pennsylvania Railroad; running thence southeasterly along the center line of the right-of-way of the former Pennsylvania Railroad to its intersection with the center line of Bailey Avenue; running thence northeasterly and northerly along the center line of Bailey Avenue to its intersection with the center line of William Street; running thence westerly along the center line of William Street to its intersection with the center line of the right-of-way of the former Erie Railroad; running thence northerly along the center line of the right-of-way of the former Erie Railroad to its intersection with the center line of the right-of-way of the former Pennsylvania Central Railroad; running thence northeasterly along the center line of the right-of-way of the former Pennsylvania Central Railroad to the center line of Bailey Avenue; running thence northerly along the center line of Bailey Avenue to its intersection with the center line of the right-of-way of the northerly branch of the former Pennsylvania Central Railroad; running thence westerly along the center line of the right-of-way of the northerly branch of the former Pennsylvania Central Railroad to its intersection with the center line of Fay Street; running thence northerly along the center line of Fay Street and Burgard Place to its intersection with the center line of Genesee Street; running thence southwesterly along the center line of Genesee Street to its intersection with the center line of Colorado Avenue; running thence northerly along the center line of Colorado Avenue to its intersection with the center line of East Ferry Street; running thence easterly along the center line of East Ferry Street to its intersection with the center line of the right-of-way of the former Erie Railroad; running thence northerly along the center line of the right-of-way of the former Erie Railroad to its intersection with the center line of East Delavan Avenue; running thence easterly along the center line of East Delavan Avenue to its intersection with the center line of the former Lackawanna Railroad; running thence northwesterly along the center line of the former Lackawanna Railroad to its intersection with the center line of the westerly extension of Dorris Avenue; running thence easterly along the center line of the westerly extension of Dorris Avenue to its intersection with the center line of Bailey Avenue; running thence southerly along the center line of Bailey Avenue to its intersection with the center line of Gerald Avenue; running thence easterly along the center line of Gerald Avenue to its intersection with the center line of Ericson Avenue; running thence southerly along the center line of Ericson Avenue to the center line of East Delavan Avenue; running thence easterly along the center line of East Delavan Avenue to the center line of Courtland Street; running thence northerly along the center line of Courtland Street to the center line of Easton Avenue; running thence easterly along the center line of Easton Avenue and its extension to the point of beginning. FILLMORE DISTRICT Beginning at the point of intersection of the center line of Genesee street with the center line of Moselle Street and running thence north- easterly along the center line of Genesee Street to the center line of Burgard Place; running thence southerly along the center line of Burgard Place Fay Street to the center line of the right-of-way of the northerly branch of the former Pennsylvania Central Railroad; running thence easterly along the center line of the right-of-way of the northerly branch of the former Pennsylvania Central Railroad to the center line of Bailey Avenue; running thence southerly along the center line of Bailey Avenue to its intersection with the center line of the right-of-way of the former Pennsylvania Railroad; running thence southwesterly along the center line of the right-of-way of the former Pennsylvania Railroad to its intersection with the center line of the right-of-way of the former Erie Railroad; running thence southerly along the center line of the right-of-way of the former Erie Railroad to the center line of William Street; running thence easterly along the center line of William Street to the center line of Bailey Avenue; running thence southerly and southwesterly along the center line of Bailey Avenue to the center line of the right-of-way of the former Pennsylvania Railroad; running thence northwesterly along the center line of the right-of-way of the former Pennsylvania Railroad to its intersection with the center line of the right-of-way of the former Erie Railroad; running thence southwesterly along the center line of the right-of-way of the former Erie Railroad to the center line of the Niagara Section of the New York State Thruway; running thence westerly along the center line of the Niagara Section of the New York State Thruway to the center line of Van Rensselaer Street; running thence southerly along the center line of Van Rensselaer Street to the center line of South Park Avenue; running thence westerly along the center line of South Park Avenue to the center line of the right-of-way of the former Pennsylvania Central Railroad; running thence southerly along the center line of the right-of-way of the former Pennsylvania Central Railroad to the center line of the Buffalo River; running thence generally westerly along the center line of the Buffalo River to the center line of the Buffalo Skyway Bridge; running thence northerly along the center line of the Buffalo Skyway Bridge to its intersection with the center line of Commercial Street; running thence westerly and northwesterly along the center line of Commercial Street and West Marine Drive to a point 200 feet south from the center line of Erie Street; running thence northeasterly through the Marine Drive Housing Project to the intersection of the center line of the Buffalo Skyway Bridge with the center line of the Niagara Section of the New York State Thruway; running thence easterly along the center line of the Niagara Section of the New York State Thruway to its intersection with the center line of Hamburg Street; running thence northerly along the center line. of Hamburg Street and Jefferson Avenue to the center line of Eagle Street; running thence easterly along the center line of Eagle Street to the center line of Emslie Street; running thence northerly along the center line of Emslie Street to the center line of Bristol Street; running thence easterly along the center line of Bristol Street to the center line of Bond Street; running thence northerly along the center line of Bond Street to the center line of Oneida Street; running thence westerly along the center line of Oneida Street to the center line of Emslie Street; running thence northerly along the center line of Emslie Street to the center line of Howard Street; running thence easterly along the center line of Howard Street to the center line of Smith Street; running thence northerly along the center line of Smith Street to the center line of Peckham Street; running thence easterly along the center line of Peckham Street to the center line of Detroit Street; running thence northerly along the center line of Detroit Street to the center line of Broadway; running thence southwesterly along the center line of Broadway to the center line of Herman Street; running thence northerly along the center line of Herman Street to the center line of Sycamore Street; running thence northeasterly along the center line of Sycamore Street to the center line of Strauss Street; running thence northerly along the center line of Strauss Street to the center line of Genesee Street; running thence northeasterly along the center line of Genesee Street to the center line of Walden Avenue; running thence easterly along the center line of Walden Avenue to the center line of Kiefer Street; running thence northerly along the center line of Kiefer Street and Kehr Street to the center line of Glenwood Avenue; running thence easterly along the center line of Glenwood Avenue to the center line of the right-of-way of the former Belt Line Railroad; running thence southerly along the center line of the right-of-way of the former Belt Line Railroad to the center line of Box Avenue; running thence easterly along the center line of Box Avenue to the center line of Moselle Street; running thence southerly along the center line of Moselle Street to the point of beginning. ELLICOTT DISTRICT Beginning at the point of intersection of the center line of Main Street with the center line of Laurel Street and running thence easterly along the center line of Laurel Street and Landon Street to its intersection with the center line of Wohlers Avenue; running thence southerly along the center line of Wohlers Avenue to its intersection with the center line of Riley Street; running thence easterly along the center line of Riley Street to the center line of the Kensington Expressway; running thence southerly along the center line of the Kensington Expressway and the westerly park road of Martin Luther King Park to its intersection with the center line of Best Street; running thence easterly along the center line of Best Street to its intersection with the center line of Genesee Street; running thence southwesterly along the center line of Genesee Street to its intersection with the center line of Strauss Street; running thence southerly along the center line of Strauss Street to its intersection with the center line of Sycamore Street; running thence southwesterly along the center line of Sycamore Street to its intersection with the center line of Herman Street; running thence southerly along the center line of Herman Street to its intersection with the center line of Broadway; running thence easterly along the center line of Broadway to its intersection with the center line of Detroit Street; running thence southerly along the center line of Detroit Street to the center line of Peckham Street; running thence westerly along the center line of Peckham Street to its intersection with the center line of Smith Street; running thence southerly along the center line of Smith Street to the center line of Howard Street; running thence westerly along the center line of Howard Street to its intersection with the center line of Emslie Street; running thence southerly along the center line of Emslie Street to the center line of Oneida Street; running thence southeasterly along the center line of Oneida Street to the center line of Bond Street; running thence southerly along the center line of Bond Street to the center line of Bristol Street; running thence northwesterly along the center line of Bristol Street to the center line of Emslie Street; running thence southerly along the center line of Emslie Street to the center line of Eagle Street; running thence northwesterly along the center line of Eagle Street to the center line of Jefferson Avenue; running thence southerly along the center line of Jefferson Avenue and Hamburg Street to the center line of the Niagara Section of the New York State Thruway; running thence westerly along the center line of the Niagara Section of the New York State Thruway to its intersection with the center line of the Buffalo Skyway Bridge; running thence southwesterly through the Marine Drive Housing Project to a point on West Marine Drive, said point being 200 feet south of the center line of Erie Street; running thence southeasterly and easterly along Marine Drive and Commercial Street to the center line of the Buffalo Skyway Bridge; running thence southerly along the center line of the Buffalo Skyway Bridge to the center line of the Buffalo River; running thence westerly along the center line of the Buffalo River and the westerly extension of the center line of the Buffalo River to the westerly boundary line of the City of Buffalo; running thence northwesterly and northerly along the westerly boundary line of the City of Buffalo to its intersection with the westerly extension of the center line of Porter Avenue; running thence northeasterly along the center line of Porter Avenue and its extension to the center line of Prospect Avenue; running thence southeasterly along the center line of Prospect Avenue to the center line of Pennsylvania Street; running thence northeasterly along the center line of Pennsylvania Street to the center line of Wadsworth Street; running thence southeasterly and easterly along the center line of Wadsworth Street and Allen Street to the center line of College Street; running thence southerly along the center line of College Street to the center line of Virginia Street; running thence easterly along the center line of Virginia Street to the center line of Main Street; running thence northerly along the center line of Main Street to the point of beginning. NIAGARA DISTRICT Beginning at the point of intersection of the westerly extension of Potomac Avenue with the westerly boundary line of the City of Buffalo and running thence easterly across Squaw Island to the easterly line of the Black Rock Harbor; running thence northerly along the easterly line of the Black Rock Harbor to its intersection with the center line of the westerly extension of Forest Avenue; running thence easterly along the center line of the westerly extension of Forest Avenue to its intersection with Baynes Street; running thence southerly along the center line of Baynes Street to the center line of Bird Avenue; running thence easterly along the center line of Bird Avenue to its intersection with the center dine of Richmond Avenue; running thence southerly along the center line of Richmond Avenue to its intersection with the center line of Bryant Street; running thence easterly along the center line of Bryant Street to its intersection with the center line of Main Street; running thence southerly along the center line of Main Street to the center line of Virginia Street; running thence westerly along the center line of Virginia Street to the center line of College Street; running thence northerly along the center line of College Street to the center line of Allen Street; running thence westerly along the center line of Allen Street to the center line of Wadsworth Street; running thence northwesterly along the center line of Wadsworth Street to the center line of Pennsylvania Street; running thence southwesterly along the center line of Pennsylvania Street to the center line of Prospect Avenue; running thence northwesterly along the center line of Prospect Avenue to the center line of Porter Avenue; running thence southwesterly along the center line of Porter Avenue and its extension to its intersection with the westerly boundary line of the City of Buffalo; running thence northerly along the westerly boundary line of the City of Buffalo to the point of beginning. MASTEN DISTRICT Beginning at the point of intersection of the center line of Main Street with the center line of East Amherst Street and running thence easterly along the center line of East Amherst Street to the center line of the right- of-way of the former Lackawanna Railroad; running thence southeasterly along the center line of the right-of-way of the former Lackawanna Railroad to its intersection with the center line of East Delavan Avenue; running thence westerly along the center line of East Delavan Avenue to its intersection with the center line of the right-of-way of the former Erie Railroad; running thence southerly along the center line of the right-of-way of the former Erie Railroad to its intersection with the center line of East Ferry Street; running thence westerly along the center line of East Ferry Street to its intersection with the center line of Colorado Avenue; running thence southerly along the center line of Colorado Avenue to its intersection with the center line of Genesee Street; running thence southwesterly along the center line of Cenesee Street to its intersection with the center line of Moselle Street; running thence northerly along the center line of Moselle Street to its intersection with the center line of Box Avenue; running thence westerly along the center line of Box Avenue to its intersection with the center line of the rightof-way of the former Belt Line Railroad; running thence northerly along the center line of the right-of-way of the former Belt Line Railroad to the center line of Glenwood Avenue; running thence westerly along the center line of Glenwood Avenue to its intersection with the center line of Kehr Street; running thence southerly along the center line of Kehr Street and Kiefer Street to its intersection with the center line of Walden Avenue; running thence westerly along the center line of Walden Avenue and Best Street to its intersection with the center line of the westerly park road of Martin Luther King Park; running thence northerly along the center line of the westerly park road and the center line of the Kensington Expressway to its intersection with the center line of Riley Street; running thence westerly along the center line of Riley Street to its intersection with Wohlers Avenue; running thence northerly along the center line of Wohlers Avenue to the center line of Landon Street; running thence westerly along the center line of Landon Street and Laurel Street to its intersection with the center line of Main Street; running thence northeasterly along the center line of Main Street to the point of beginning. SOUTH DISTRICT Beginning at the intersection of the center line of Mineral Spring Road with the easterly boundary line of the City of Buffalo and running thence southerly along the easterly boundary line of the City of Buffalo to its intersection with the southerly boundary line of the City of Buffalo; running thence westerly along the southerly boundary line of the City of Buffalo to its intersection with the westerly boundary line of the City of Buffalo; running thence northwesterly along the westerly boundary line of the City of Buffalo to its intersection with the westerly extension of the center line of the Buffalo River; running thence generally in an easterly direction along the center line of the Buffalo River to its intersection with the center line of South Park Avenue; running thence easterly along the center line of South Park Avenue and Abbott Road to its intersection with the center line of Southside Parkway; running thence northerly along the center line of Southside Parkway to its intersection with the center line of Casenovia Creek; running thence westerly along the center line of Cazenovia Creek to its intersection with the center line of Bailey Avenue; running thence northerly along the center line of Bailey Avenue to its intersection with the center line of the Buffalo River; running thence generally in an easterly direction along the center line of the Buffalo River to its intersection with the center line of the right-of-way of the former Pennsylvania Railroad; running thence southeasterly along the center line of the former Pennsylvania Railroad to its intersection with the center line of Mineral Spring Road; running thence easterly along the center line of Mineral Spring Road to the point of beginning. No.199 BY:MESSRS. HIGGINS, RUTECKI AND AM0S [APPOINTMENT OF RAE H. ROSEN AS COMMON COUNCIL REPRESENTATIVE TO THE HORIZONS WATEFFRONT COMMISSION WHEREAS: Dr. James W. Harrington Jr., the Common Council's appointed representative to the Horizons Waterfront Commission, has submitted a letter of resignation effective June l, 1991; and WHEREAS: This Common Council is grateful to Dr. Barrington for the countless hours he spent ably serving the Council as its representative on the Horizons Commission; and WHEREAS: This Council must now consider a replacement for Dr. Harrington and Rae H. Rosen is a candidate whose background and abilities are ideal for representing the Council's interest in implementing public access to Buffalo's waterfront; and WHEREAS: Ms. Rosen has served as the Chair of the Waterfront Alliance, and the Chair of the Waterfront Committee of Women for Downtown; and WHEREAS: Rae Rosen was also the Citizen Participation Facilitator in the development of the Buffalo Waterfront Master Plan; and WHEREAS: Ms. Rosen holds a Doctorate in Education and is the recently retired Principal of the Bennett Park -Montessori Buffalo Public School where she dynamically supervised the establishment of this jewel of the Buffalo Magnet School System; and WHEREAS: Ms. Rosen is known as an articulate and forceful advocate for public access to the waterfront and has demonstrated abilities which will allow her to play a positive and constructive role in bringing the public access mandate of the Horizons Commission to fruition; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby appoints Rae H. Rosen of 256 Bryant Street, Buffalo, NY 14222 as its representative to the Horizons Waterfront Commission REFERRED TO THE COMMITTEE ON LEGlSLATlON No.200 BY: MRS. LoTEMPIO POLICE INVESTIGATION OF EAST SIDE RAPIST WHEREAS: The entire City of Buffalo is infuriated by reports of a serial rapist stalking the East Side of Buffalo; and WHEREAS: The Buffalo Police Department has shown little progress in their current investigation of the serial rapist case; and WHEREAS: The Buffalo Police Department through lack of departmental interaction has shown inadequate cooperation within its own department and also in alerting the community to the serious problem that was facing the East Side of Buffalo; and WHEREAS: The Commissioner of Police has stated publicly that he only learned of the serial rapist a few days before the report was published in the Buffalo News, proving the ineptitude of a department that should be run with the highest level of competence; and WHEREAS: Several agencies, such as the F.B.I., District Attorney,Crisis Services, Block Clubs, and other Community Organizations, have joined with Community leaders in the investigation of the rapist showing the seriousness of this particular case; and WHEREAS: Over the last ten years,there have been thirty-eight hundred (3,800) rapes and sexual assaults on women reported within the City of Buffalo, over seven hundred (700) reported in 1990 alone, demonstrating an increase in crimes of this nature and a serious threat to this community; and WHEREAS: The warranted attention brought to the serial rapist case has served to alert the community to the serious problem in the overall number of rapes and sexual assaults in the Buffalo area; NOW, THEREFORE, BE IT RESOLVED: The Commissioner of Police file a detailed report with the Common Council that lists the following for the last twelve months: l. The total number of rapes reported 2. The number of other sexual assaults reported 3. The number of arrests and convictions relative to the above cases; and; BE IT FURTHER RESOLVED: This report be filed with the City Clerk by 2:00 P.M. Thursday, May 23, 1991. ADOPTED No.201 BY: MR. PERLA REQUEST PREPARATION OF BOND RESOLUTION FOR KLEINHANS MUSIC HALL RENOVATION WHEREAS: Include in the 1990-91 City of Buffalo Capital Improvements Budget was a $1,120,000 allocation for exterior and interior work at Kleinhans Music Hall; and WHEREAS: The narrative in the budget, in describing the declining condition of Kleinhans Music Hall, states that the "Exterior and interior deterioration over SO years endangers the architectural and acoustical treasure."; and WHEREAS: To date the Department of Public Works Division of Buildings, under whose jurisdiction Kleinhans falls, has not submitted a request to the Comptroller to prepare a Bond Resolution for the much needed improvements at the Music Hall; and NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo requests that the Department of Public Works asks the Comptroller to prepare a Bond Resolution for the $1,120,000 appropriated in the 1990-91 Capital Improvements Budget for the renovation of Kleinhans Music Hall as expeditiously as possible. ADOPTED No.202 BY: MR. PITTS SET PUBLIC HEARING: PROPOSED LAND DISPOSITION AGREEMENT FOR CLINTON PARK NEW HOUSING PROJECT EMSLIE NEIGHBORHOOD DEVELOPMENT PROGRAM NYA-206 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 five (5) residential units of new housing known as the Clinton Park New Housing Project in the Emslie Neighborhood Development 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: l. 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 17th day of May 1991. 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 28th day of May 1991. ADOPTED. No.203 BY: MR. PITTS PROPOSED LAND DISPOSITION AGREEMENT FOR ST. COLUMBA SQUARE NEW HOUSING PROJECT ELLICOTT REDEVELOPMENT PROJECT NYR 1-1 WHEREAS, M.J. Peterson Development Corp. 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 approximately forty (40) residential units of new housing known as the St. Columba Square New Housing Project in the Ellicott Redevelopment Project NYR 1-1 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: l. That the City Clerk is hereby directed to publish the notice attached " Notice of Hearing" in the Buffalo News, no later than the 17th day of May 1991. hereto and marked 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers on the 28th day of May 1991. ADOPTED. No.204 BY: MR. PITTS ELLICOTT MALL LEASED PARKING LOT WHEREAS: The Buffalo Municipal Housing Authority has leased the parking lot at the front of the Ellicott Mall housing project for paid parking, and WHEREAS: Reportedly the lease for the lot is monthly and provides for fifty cars to be parked. However, the operator is purportedly parking up to 200 cars on the lot, and WHEREAS: This lot was previously leased by the Buffalo Municipal Housing Authority. However, it was discontinued due to complaints of unfair competition to existing parking lot concerns in the area. These operators were not provided an opportunity to bid for the lot. Nor was there any request for proposals or advanced information advertising the availability of the parking lot for leasing, and WHEREAS: Certain liability issues were also previously raised involving the increased pubIic use of the lot as well as the exposure to vacant buildings. Additionally, the lot is fenced in very poorly and not well maintained. NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests the Buffalo Municipal Housing Authority to provide the following: (1) A copy of the lease. 2) A report on how the existing operator was selected. 3) A copy of the permit from the Board of Parking. (4) A report as to any other leased parking lots. ADOPTED No.205 BY: MR. PITTS REQUEST FOR THE GOVERNOR AND NEW YORK STATE POLICE TO INTERVENE IN CASE OF THE EASTSIDE RAPIST WHEREAS: The Buffalo Polices investigation of the eastside rapist has been grossly mishandled. The revelations that the police withheld notifying the public about the rapist for months have resulted in anger, frustration and confusion, and WHEREAS: Since the initial revelation, information is still being exposed that 'the Police Department has not taken the investigation seriously. It has been pointed out that the Commissioner and those in charge of the investigation have not utilized sex crime information which may assist in identifying a suspect. Also, apparently the department is still unwilling to provide information about where the sexual assaults have occurred! This is further evidence that the department is either unwilling or incapable of protecting the pubIic 's interest in this investigation!, and WHEREAS: These revelations further add to the charges that the department is not taking this investigation seriously and is using double standards because the victims are in the minority community!, and WHEREAS: The community needs to be reassured, by a more competent and professional handling of this investigation. NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests Governor Mario Cuomo and the State Commissioner of Police to assign an investigative team to the Eastside Rapist Case. FURTHER BE IT RESOLVED THAT: The Common Council request the Western New York State Delegation to support the establishment of such a State investigative team. BE IT FINALLY RES0LVED THAT: this Common Council establish a. subcommittee of the Legislation Committee to monitor the Eastside Rapist investigation. ADOPTED No.206 BY: MR. PITTS BUFFALO MUNICIPAL HOUSING AUTHORITY SECURITY POLICE STUDY WHEREAS: The International Association of the Chiefs of Police just completed a study of the Buffalo Police Department. This study is presently being reviewed by a Police Reorganization Commission established jointly by the Mayor and Common Council, and WHEREAS: The same Association has completed a study of the Buffalo Municipal Housing Authority Security Police. This study has not been publicized nor distributed, and WHEREAS: The B.M.H.A. is currently reviewing the study recommendations. However, issues involving the operations of the B.M.H.A. Security Officers have been a cause of concern for residents as well as the City, and WHEREAS: If there are efforts by the B.M.H.A. to reorganize the Security Police, the residents and City should be made aware. NOW THEREFORE BE IT RESOLVED THAT: The Common Council request the Buffalo Municipa! Housing Authority to file a copy of the International Association of the Chiefs of Police with the Common Council. FURTHER BE IT RESOLVED THAT: The B.M.H.A. also provide a report to the Common Council on its plans to reorganize the Security PoIice. ADOPTED No.207 BY: MR. RUTECK I Discharge the Special Committee - Erie Marina Lease Item No. 110 January 22, 1991 Item No. 112 January 22, 1991 Item No. 27 February 5, 1991 Item No. 59 February 5, 1991 Item No. 114 January 22, 1991 Item No. 89 February 19, 1991 Item No. 65 March 5, 1991 Item No. 21 March 19, 1991 Whereas: The above items are presently before the Special Committee on Erie Marina Lease, and Whereas: It is no longer necessary for these items to be considered by that Committee; Now, Therefore, Be It Resolved, that this Common Council does hereby Discharge the Special Committee on Erie Marina Lease from further consideration of the above items, and said items are now before the Council. CARRIED. Mr. RUTECKI now moved the above items be and hereby are Received and Filed. ADOPTED No.208 BY:Mr. Rutecki Memorialize State Legislature to Extend Law Requiring Item Pricing by Supermarkets WHEREAS: Current State legislation requiring individual price stickers on most items sold in supermarkets will expire on June 30, 1991, and WHEREAS: Many of the leading grocery chains in the area have already stopped item pricing, claiming the cost is prohibitive and an unnecessary expenditure when shelf pricing and scanners are in place and are more cost effective, and WHEREAS: Consumers have expressed their concern that if supermarkets rely on shelf pricing and scanners, it will be more difficult to compare prices when shopping and to verify the accuracy of the cashier and the laser scanner, and WHEREAS: Shelf pricing, because prices are often printed in small print and are often confusing because of unit pricing, makes it difficult for handicapped and elderly shoppers to read the price of items,and WHEREAS: The Attorney General, the Consumer Protection Board, the state Department of Agriculture and Markets, the New York Public Interest Research Group Inc., the American Association of Retired Persons, and the AFL-CIO have already voiced their of currently pending legislation to extend the law, RESOLVED: That this Common Council memorializes the State Legislature to extend the law requiring individual price stickers on all items sold in supermarkets. ADOPTED. No.209 BY:MR. RUTECKI PILOT FIELD NAMING RIGHTS AGREEMENT LEGAL ACTION BREACH OF AGREEMENT WHEREAS, Pilot Air Freight, Inc. and the City of Buffalo entered into an agreement on the 4th day of December, 1986 giving to Pilot Air Freight, Inc. the naming rights to the downtown baseball stadium; and WHEREAS, in consideration to that right, Pilot Air Freight, Inc. agreed to provide a letter of credit guaranteeing payment of amounts due under the agreement and Pilot Air Freight, Inc. having failed to provide the same; NOW, THEREFORE, BE IT RESOLVED: That the Corporation Counsel is authorized to commence legal action requiring Pilot Air Freight, Inc. to provide to the City the letter of credit, as required by the contract. ADOPTED No.210 BY:MESSRS:RUTECKI AND PERLA Kleinhans Music Hall Oversight Committee WHEREAS: On April 19, 1991 the American Symphony Orchestral League released a study that made various recommendations designed to alleviate the current problems of the Buffalo Philharmonic Orchestra, and WHEREAS: The Buffalo Philharmonic Orchestra's Board of Directors is currently studying these recommendations and is expected to implement a plan that will hopefully guarantee the Orchestra's long-term future in the City of Buffalo, and WHEREAS: The primary recommendation is that Orchestra management "make temporary reductions in the cost of the orchestra, based on a realistic consensus plan that identifies fiscally responsible and controlled future growth, combined with commitments for increases in contributed income", and WHEREAS: The report properly recognizes that government support of the orchestra has been "extraordinary" and calls only for maintaining the level of support at 1990-91 levels through 1994, and WHEREAS: While the report gives good marks to the City of Buffalo for properly funding the Orchestra, the report expresses deep concern over the condition and management of Kleinhans Music Hall, as well as over the relationship between Kleinhans and its primary tenant, the Buffalo Philharmonic, and WHEREAS: Peeling veneer, frayed carpets and parking problems caused by poor management and security are cited as major problems that should be ad dressed immediately, and WHEREAS: The report's findings also conclude that the "hall management does not appear to be at all supportive of the Buffalo Philharmonic Orchestra", that the orchestra has been placed at a "tremendous disadvantage in its operations" because it cannot control hall dates, and that the relationship between Kleinhans and the orchestra "is further strained when rent payments (by the orchestra) are late", and WHEREAS: In addition to making specific recommendations for the continuation of a City-funded renovation program bed in the 1990-91 fiscal year and scheduled for continuation in 1991-92, and for improving parking management and security, the report also recommends the creation of a Kleinhans Music Hall Oversight Committee, and WHEREAS: This Oversight Committee would have the responsibility of monitoring the relationship between the hall and orchestra management in a manner that recognize's the orchestra's role as Kleinhans' primary tenant and encourages ways to make the hall more 'user-friendly' for the Buffalo Philharmonic Orchestra and its patrons", and WHEREAS: This Oversight Committee could have a positive impact on efforts to both improve Kleinhans Music Hall as an arts and community facility as well to improve the relationship between hall management and its primary tenant, the Buffalo Philharmonic Orchestra, Therefore be It RESOLVED: That this Common Council does hereby endorse the creation by the City of a "Kleinhans Music Hall Oversight Committee" as recommended by the report of the American Symphony Orchestral League and does hereby request recommendations from the Kleinhans Music Hall Management Corporation, the Buffalo Philharmonic Orchestra, the Comptroller, the Commissioner of Administration and Finance and Commissioner of Public Works on the structure of this committee so that an appropriate ordinance establishing the committee may be drafted. REFERRED TO THE COMMITTEE ON FINANCE, KLEINHAN 'S MUSIC HALL MANAGEMENT CORP. AND BUFFALO PHILHARMONIC ORCHESTRA. No.211 By Mr. Rutecki: Felicitations and/or In Memoriams Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for Charles Douglas, Jr. By Councilmember Arthur Felicitation for Austin M. Fox By Councilmember Coppola Felicitations for Polish Constitution Day By Councilmember Franczyk In Memoriam for Tommy Paul By Councilmember PerIa and the City Clerk is hereby directed to have the above resolutions framed at a cost not to exceed Seven Dollars and Fifty Cents ($7.50) each. ADOPTED. No.212 BY MR. RUTECKI Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: John E. Crawford Joseph P. Dobies Roscoe Henderson III Michael D. Sippel Cynthia M. Voit TOTAL:5 ADOPTED No.213 BY MR. RUTECKI Appointments Commissioners of Deeds Required for the Proper Performance Of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Cheryl Delano James P. Gallagher Roger Hoeft Francis Gerald Lampke Thomas J. Masur Virginia J. Popiela Mary D. Urbanski TOTAL: 7 ADOPTED No.214 BUFFALO COMMON COUNCIL ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, Hew York, unless otherwise noted. REGULAR COMMITTEES CIVIL SERVICE Tuesday, May 21, 1991 9:30 M FINANCE Tuesday, Nay 21, 1991 Immediately Following Civil Service LEGISLATION Tuesday, May 21, 1991 2:00 PM ECONOMIC DEVELOPMENT Wednesday, MAY 21, 1991, 1:00 PM No.215 Adjournment On motion by Mr. Fahey, Seconded by Mr. Franczyk the council adjourned at 4:35 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter. COMMON COUNCIL CITY HALL, BUFFALO N.Y. SPECIAL SESSION May 15, 1991 at: 2:30 P.M. Present- George K. Arthur, President of the Council and Councilmembers: Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, PerIa, Rutecki. - 12. Absent- Councilmembers: Pitts- 1. FROM THE PRESIDENT OF THE COUNCIL No. 1 Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Call for Special Meeting Dear Mr. Michaux: Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated May 14 1991, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 15, 1991 at 2:30 pm. for the following purpose: (l) To receive, consider and take appropriate action on the Mayor's Budget recommendations for 1991-92. Hon. George K. Arthur President of the Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: (l) To receive, consider and take appropriate action on the Mayor's Budget recommendations for 1991-92. RECEIVED AND FILED Mr. George K. Arthur President of the Council 1315 City Hall Buffalo, N.Y. WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: (1) To receive, consider and take appropriate action on the Mayor's Budget recommendations for 1991-92. WE request that this Special Meeting be held on May 15, 1991 at 2:30 pm. TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated May 14 1991 the HON. GEORGE K. ARTHUR, President of the Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 15 1991 at 2:30 pm. for the following purpose: l) To receive, consider and take appropriate action on the Mayor's Budget recommendations for 1991-92. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common -Council, to wit: ARCHIE L. AMOS, JR. DAVID FRANCZYK NORMAN M. BAKOS CARL A. PERLA, JR. CLIFFORD BELL BRIAN HIGGINS DAVID A. COLLINS ROSEMARIE LoTEMPIO ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DAVID P. RUTECKI hereby states that he received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council called to be held on May 15, 199 1, at 2:30 p. m. STATE OF NEW YORK) COUNTY OF ERIE ) ss: CITY OF BUFFALO On this 14th day of May, 1991, before me, the subscribers, personally appeared to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Richard F. Okoniewski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My commission expires 12/30/92 No. 2 Mr. Fahey moved to recess until 2:55 P.M. Seconded by Mr. Bell. CARRIED No. 3 The Council reconvened at 2:55 P.M. with all members except Mr. Pitts present. FROM THE MAYOR NO. 4 1991-1992 Budget Recommendations Attached hereto are my 1991-1992 Budget Recommendations for the City of Buffalo. REFERRED TO THE COMMITTEE OF THE WHOLE No. 5 "Budget Related Legislation" Included herein is a listing of the various pieces of budget related legislation that have been, or are being, submitted for consideration by Your Honorable Body. The action taken on these items will determine whether or not I will need to submit any revised budget estimates prior to adoption of the 1991-92 budget. The items include: 1) An increase of $20/month for members of the City police and fire pension system and their eligible survivors. This requires a Local Law amending section 464 of article twenty five of the City Charter and would cost about $36,000. 2) A 9% increase in flat and meter water rates as well as increases in the turn-on and turn-off charges for water services. Chapter 175 of the Ordinances as it relates to Chapter 491 needs to be amended. Each 1% rate increase is expected to produce $158,250 in additional revenues. 3) A decrease from $4,036,000 to $3,000,000 for the amount of water revenues to be provided to the general fund. An amendment to Chapter 491, Section 491-74 is needed. 4) A reduction in the number of fire engine companies from twenty five to twenty three. Section 263 of Article 13 must be amended by Local Law. 5) A $5 increase in the local portion of dog licenses which will raise from $5 to $10 the license for a spayed or neutered dog and from $10 to $15 the license for an unspayed or unneutered dog. Section 78-14 of the ordinances must be amended. This is expected to increase revenues by $100,000. 6) Establishment of a $10 fee for room rental for marriage ceremonies performed in City Hall. This is expected to produce $10,000 per year. Chapter 175-1 of the ordinances would have to be amended to add this new charge and also Section 361-8 (14) would have to be amended to authorize the charge. 7) Amendments to Article 14-A of the Charter to delete the position of Sr. Deputy Commissioner of Human Resources and the Division of Urban Affairs and its Director. 8) Closing out various bond fund accounts in order to use the balance in these accounts as a resource in the debt service budget. These close-outs have been submitted by the City Comptroller and $223,196 has been used as a resource in the debt service budget based on your approval of the closure of these accounts. 9) A request to approve the sale of $500,000 worth of City property to Buffalo Enterprise Development Corporation for development of property for commercial use. This item has been submitted to Your Honorable Body (Item #9, 4/2/91) and referred to the Committee on Economic Development. 10) A proposal to lease Bennett Beach to a private entrepreneur to open the beach for public use. The 1991-92 recommended budget assumes a $20,000 revenue from this lease and the deletion of $50,000 of salary costs the City would incur to operate this facility. The lease has been submitted to Your Honorable Body (Item #41, C.C.P. 4/30/91) and referred to the Finance Committee. RECEIVED AND FILED No. 6 BY: MR. FAHEY ORDINANCE AMENDMENT CHAPTER 361, ARTICLE II, SECTION 8 - RECORDS The Common Council of the City of Buffalo does hereby ordain as follows: That the Article II heading under Chapter 361 be amended to read as follows: ARTICLE II Filing, Certifying and Furnishing Certain Records and Facilities That a new subdivision (l4) be added to subsection (A), Section 8, Chapter 361 to read as follows: (14) For furnishing a room to perform marriage ceremonies. This ordinance shall take effect July l, 1991. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter underlined is new. No. 7 BY: MR. FAHEY ORDINANCE AMENDMENT CHAPTER 491, SECTION 65 - WATER AND WATER POLLUTION The Common Council of the City of Buffalo does hereby ordain as follows: That the first paragraph of Section 65 of Chapter 491 be identified as Subsection (A) as follows: A. In making repairs or in constructing new work, the city shall have the right to shut off the water and keep it shut off as long as may be necessary for making such repairs or extension, and no deductions will be made or damages allowed for the time the water is so shut off. and that a new subsection (B) be added to read as follows: B. When water must be shut off and turned on by the Division of Water for repairs made by the owner, the sum as provided in Chapter 175, Fees, shall be paid. This sum includes two trips by the Division of Water for the one charge. This ordinance shall take effect July l, 1991. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. LAID ON THE TABLE No. 8 BY: MR. FAHEY ORDINANCE AMENDMENT CHAPTER 491, SECTION 74 - WATER AND WATER POLLUTION The Common Council of the City of Buffalo does hereby ordain as follows: That subsection (A) of Section 74 of Chapter 491 be amended to read as follows: A. The sum of [four million thirty-six thousand dollars ($4,036,000)) three million dollars ($3,000,000) derived from revenue from flat and metered rates as hereinafter fixed, after [July l, 1971] July l, 1991, shall be deposited in the general fund of the city for general city purposes, and all other income, revenue and receipts derived, in accordance with the rates hereinafter fixed, from the operation of the water supply system of the City of Buffalo shall, after (July 1, 1971) July l, 1991, be applied first to the payment of all costs, either direct or indirect, of operation, maintenance and repairs of said water supply system as certified by and in accordance with the regulations established by the Comptroller and then to the payment of all amounts required in each fiscal year to pay the interest on and the amortization of or payments of indebtedness heretofore or hereafter contracted for the construction of the water supply system of the City of Buffalo or any addition, betterment or extension to the facilities thereof. This ordinance shall take effect July l, 1991. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance 15 necessary. APPROVED AS TO FORM R. Peter Morrow Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. No. 9 BY:MR. FAHEY ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 - Fees, of the Code of the City of Buffalo, be amended to read as follows: Chapter 78, Animals 78-14, licenses For each spayed or neutered dog [$2.50] $7.50 For each unspayed or unneutered dog [$2.50] $7.50 This ordinance shall take effect July l, 1991. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. LAID ON THE TABLE. No.10 BY: MR. FAHEY ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 - Fees, of the Code of the City of Buffalo, be amended to read as follows: Chapter 361, Records 361-8, Filing of certain papers or records For furnishing a room to perform marriage ceremonies $10.00 This ordinance shall take effect July l, 1991. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM R. PETER MORROW Acting Corporation Counsel NOTE: Matter underlined is new. LAID ON THE TABLE. No.11 BY: MR. FAHEY ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo do hereby ordain as follows: That Sections 19, 35, 36, 44, 59, 60 and 72 of Chapter 491 of the Ordinances of the City of Buffalo be amended to read as follows: 491-19, additional trip by tapper because pipe is not ready [$15.00] $25.00 49l-35[ ,491-36] and 491-60, renewal of turned-off water supply [$15.00] $40.00 491-36, turn off water supply for discontinuation of service [$15.00] $10.00 491-44, renewal of turned-off water supply with unauthorized water use [$20.00] $50.00 491-65, shut off and turn on water for repairs - two trips-one charge $20.00 491-59, inaccessible water meter where complaint regarding meter has been received for each time Water Division personnel unable to gain access [$10.00] $15.00 491-72, use of water for building purpose Permit Per hydrant [$41.40) $ 45.15 plus Per day, for water use for each calendar day permit is in effect [$16.201 $ 17.65 Season permit [$431.291 $470.10 This ordinance shall take effect July 1, 1991. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL NOTE: (Matter underlined is new; matter in brackets [ ] to be omitted) No.12 By: MR. FAHEY Ordinance Amendment Chapter 175-Fees The Common Council of the City of Buffalo do hereby ordain as follows: That Chapter 175-Fees, of the Code of the City of Buffalo is hereby amended to read as follows: Chapter 491-Water and Water Pollution 491-74-Water Rates YEARLY DWELLING RATES For water used in laundry tubs, sinks and washstands in dwellings: Regular Rates Stories in Height 1 1 1/2 2 2 1/2 Under 25ft [$41.44] $45.2O ($46.72] $50.92 [$57.08] $62.24[$67.44] $73.52 From25 to3O feet [$46.72]$50.92 [$57.08] $62.24[$67.44] $73.52 [$72.52] $79.08 From 30 to35 feet [$57.08]$62.24[$67.44]$73.52[$72.52] $79.52 [$77.76] $84.76 From35 to40feet [$67.44]$73.52[$72.52]$79.08[$77.76] $84.76 [$88.12] $96.08 From40 to45 feet [$72.52]$79.08[$77.76]$84.76[$88.12] $96.08[$98.48] $107.36 From 45 to50 feet [$77.76]$84.76[$88.12]$96.08[$98.48] $107.36 ($108.80] $118.60 ` 3 4 5 Under 25 feet [$72.52] $79.08 [$77.76] $84.76 [$88.12]$96.08 From 25 to30 feet [$77.76] $84.76 [$88.12] $96.08 [$98.48]$107.36 From 30 to35 feet [$88.12] $96.08 [$98.48] $107.36 [$108.80]$118.60 From 35 to40 feet [$98.48] $107.36 [$108.80] $118.60 [$113.96]$124.24 From 40 to45 feet [$108.80] $118.60 [$113.96] $124.24 [$119.16]$129.88 From 45 to50 fee [$113.96] $124.24 [$119.16] $129.88 [$129.56]$141.24 Qualified Senior Citizens' Rates Stories in Height 1 1 1/2 2 2 1/2 Under 25 feet [$26.52]$28.92[$29.88]$32.60[$36.52] $39.84[$43.12] $47.00 From 25 to30 feet [$29.88]$32.60[$36.52]$39.84[$43.12] $47.00[$46.40] $50.60 From 30 to 35 feet [$36.52]$39.84[$43.12]$47.00[$46.40] $50.60[$49.76] $54.24 From 35 to 40 feet ($43.12)$47.00[$46.40]$50.60($49.76] $54.24[$56.36) $61.44 From 40 to 45 feet [$46.40]$50.60[$49.76]$54.24($56.36] $61.44[$62.96] $68.64 From 45 to 50 feet [$49.76]$54.24[$56.36]$61.44[$62.96] $68.64[$69.64] $75.92 3 4 5 Under 25 feet [$46.40]$50.60 [$49.76] $54.24 [$56.36]$61.44 From25 to30 feet [$49.76]$54.24 [$56.36] $61.44 [$62.96]$68.64 From30 to35 feet [$56.36]$61.44 [$62.96] $68.64 [$69.64]$75.92 From35 to40 feet [$62.96]$68.64 [$69.64] $75.92 [$72.92]$79.48 From40 to45 feet [$69.64]$75.92 [$72.92] $79.48 [$76.24]$83.12 From45 to5O feet [$72.92]$79.48 [$76.24] $83.12 [$82.88]$90.36 Qualified Senior Regular Rates Citizens' Rates When more than one family in house (no frontage charge), each family [$ 41.44] $ 45.20 [$ 26.52] $ 28.92 Bathtubs (attached shower bath, no charge) [$ 10.40] $ 11.36 [$ 6.64] $ 7.24 SHOWER BATHS If not attached to bathtub [$ 10.40] $ 11.36 [$ 6.64] $ 7.24 WATER CLOSETS For first, if self- closing valve [$ 20. 76) $ 22.64 [$ 13.28] $ 14.48 For each additional, if self-closing valve [$ 15.80] $ 17.24 [$ 10.16] $ 11.08 Evasive closets, charged same as if water connected [$ 31.12] $ 33.96 [$ 19.921 $ 21.72 Antifreezing or hopper closet (rebate allowed if in good repair, Regular Rate [$114.44] $124.76; Qualified Senior Citizens' Rate [$75.64] $78.68) [$155.32] $169.32 [$ 99.40] $108.36 Urinals in private dwellings [$ 20.76) $ 22.64 [$ 13.28] $ 14.48 LAWN SPRINKLERS Lawn Sprinklers (fountains), hose at rest or perforated hose per season [$ 51.76] $ 56.42 [$ 33.121 $ 36.10 SWIMMING POOLS Portable pools, 12 feet in diameter or maximum length by 30 inches in height and smaller, per season [$ 25.92] $ 28.26 [$ 16.56] $ 18.06 Pools, larger than the above, per season [$ 51.76] $ 56.42 [$ 34.18] $ 37.26 (Inground pools - dwellings must be metered) GARAGE AND AUTOMOBILES Automobiles, in garage or barn with water connection, per car, per season [$ 20.74] $ 22.62 [$ 13.26] $ 14.46 Automobiles, in garage or barn without water connection, per car, per season [$ 10.36] $ 11.30 [$ 6.62] $ 7.22 BOARDERS OR ROOMERS In addition to regular family rates, for each boarder or roomer [$ 7.84] $ 8.56 [$ 5.04] $ 5.42 BOILERS FOR HEATING Private dwelling, water system, per season [$ 10.36] $ 11.30 [$ 6.62] $ 7.22 Private dwelling, steam, per season [$ 10.36] $ 11.30 [$ 6.62] $ 7.22 CLOSETS In tenements, used by more than one family, per family [$ 20.76] $ 22.64 [$ 13.28] $ 14.48 OFFICES With water fixtures [$ 41.44] $ 45.20 [$ 26.52] $ 28.92 Without water fixtures [$ 20.76] $ 22.64 [$ 13.28] $ 14.48 SPRINKLING CONNECTIONS (per season) For lawns, when over 5,000 square feet, per square yard of lawn area sprinkled [$ 0.10] $ 0.12 [$ 0.06] $ 0.08 For lawns, under 5,000 square feet and over 30 feet front, in block, per lineal foot [$ 0.58] $ 0.64 [$ 0.36] $ 0.40 For lawns, under 5,000 square feet on corner lots, measured on frontage, per lineal foot [$ 0.82] $ 0.90 [$ 0.52] $ 0.58 For lawns, under 5,000 square feet and under 30 feet of lot block [$ 15.52] $ 16.92 [$ 9.94] $ 10.84 For lawns, under 5,000 square feet and under 30 feet of lot corner [$ 21.54] $ 23.48 [$ 13.96] $ 15.22 FIRE SPRINKLER CONNECTIONS Fire pipelines or sprinkler connections, fire use only as approved by commissioner of public works and type approved by Board of Fire Underwriters, will be granted on special request, supply to be metered, at expense of consumer, rate to be, per annum [$124.24] $135.44 [$ 79.52] $ 86.68 In addition to regular meter rate for all water shown by meter to have been used, except in case of fire; provisions of this paragraph not to apply to outside hose connections on buildings intended for use of department of fire exclusively The above rates shall become effective August 1, 1991 BUILDING PURPOSES Stone, used, per cord [$2.08] $2.27 [$1.33] $1.45 Brick, used, per 1,000 [$1.38] $1.50 [$0.89] $0.97 Plastering, two coats, per 100 square yards [$ 4.13] $ 4.50 [$ 2.65] $ 2.89 Plastering, three coats, per 100 square yards [$ 5.42] $ 5.91 [$ 3. 46] $ 3.77 Cement sidewalk or flooring, per cubic yard [$ 0.57] $ 0.62 [$ 0.36] $ 0.39 Concrete building blocks, per 1,000 [$ 9.73] $ 10.61 [$ 6.22] $ 6.78 Fireproofing or tiling, per 100 cubic feet [$ 1.04] $ 1.13 [$ 0.67] $ 0.73 FLUSHING SEWERS 6 Inch sewer, each 100 feet or less [$ 20.73] $ 22.60 $---------- 12 Inch sewer, each 100 feet or less [$ 31.06] $ 33.86 $---------- 18 Inch sewer, each 100 feet or less and upwards in proportion [$ 41.40] $ 45.13 $---------- In addition, for use of hydrant [$ 41.40] $ 45.13 $---------- SETTLING TRENCHES First 100 feet [$ 20.73] $ 22.60 $---------- Each additional 100 feet or less, two-foot width [$ 3.23] $ 3.52 $---------- Each additional 100 feet or less, three-foot width [$ 4.75] $ 5.18 $---------- Each additional 100 feet or less, four-foot width [$ 6.26] $ 6.82 $---------- Each additional 100 feet or less, five-foot width [$ 7.99] $ 8.71 $---------- Each additional 100 feet or less, six-foot width [$ 9.50) $ 10.36 $ - - - Each additional 100 feet or less of gas trench [$ 2.81] $ 3.06 $---------- In addition, for use of hydrant [$ 41.401 $ 45.15 $ - - The above rates shall become effective July 1, 1991 METER RATES The division of water shall meter all water consumption except in houses used for one and two-family dwelling purposes not metered prior to June l, 1974, where there is no willful waste or unnecessary use of water. However, commencing June l, 1974, all new one and two-family dwelling units constructed within the city shall be required to have water meters installed and the cost of said meters shall be added to the charge for tapping the watermain. For water supplied by meter, the following monthly rates are established: Qualified Senior Regular Rates Citizens' Rates First 3,000 cubic feet, per 1,000 cubic feet [$ 7.31] $ 7.97 [$ 4.391 $ 4.79 Next 9,000 cubic feet, per 1,000 cubic feet [$ 5.85] $ 6.38 [$ 3.501 $ 3.82 Over 12,000 cubic feet, per 1,000 cubic feet [$ 3.82] $ 4.16 [$ 2.291 $ 2.50 The following consumers are subject to meter measurements only: Multiple dwellings over two families, business, commercial and industrial establishments, asylums, churches, public hospitals, charitable institutions, schools (public, private and parochial and colleges. No meter, however, will be furnished to any other consumer for any purpose except at the following minimum quarterly rates per meter: 5/8 inch meter [$24.141 $ 23.91 [$ 13.171 $ 14.37 3/4 inch meter [$27.351 $ 29.82 [$ 16.44] $ 17.94 inch meter [$36.511$ 39.81 [$21.91]$ 23.88 1/2 inch meter [$54.861$ 59.82 [$32.88]$ 35.85 2 inch meter [$74.251$ 80.94 [$44.491$ 48.51 3 inch meter [94.991$103.56 $---------- 4 inch meter [$246.701$268.92 $---------- 6 inch meter [$485.491$529.20 $ -- - - 8 inch meter [$729.111$794.73 $ -- - 10 inch meter[$ 969.87]$1,057.17 $---------- 12 inch meter[$1,210.40]$1,319.34 $---------- 16 inch meter[$3,485.82]$3,799.56 $---------- 20 inch meter[$4,610.08]$5,025.00 $---------- If a meter or other water register at any time fails to register the quantity of water, the quantity of water shall be determined and the charge made based on the average quantity registered during such preceding period of time. prior to the date of failure as the director of water may direct. No deduction may be made from the bills on account of leakage. Bills for meter or other registered rates are due and payable as provided for in section 60 of this article. All defects in meters must be reported at the office of the division of water for repair or correction. All persons using water for elevators or other power purposes shall keep the registers in proper working order. In case of failure of any of the registers, the owner or occupant of the premises shall forthwith have the same repaired and report the same to the division of water. All meters and other registers must at all times be accessible to the employees of the division of water for examination and inspection. The meter rates hereinabove set forth shall become effective July l, 1991. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL NOTE: (Matter underlined is new; matter in brackets [] to be omitted) LAID ON THE TABLE. No.13 BY: MR. FAHEY CITY OF BUFFALO LOCAL LAW NO ________ (1991) INTRODUCTORY NO.9(1991) A LOCAL LAW amending section two hundred sixty-three of article thirteen of the charter of the City of Buffalo, in relation to a reduction in the number of fire companies. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section l. That section two hundred sixty three of article thirteen of the charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 263 Fire Companies The number of fire companies and the location thereof as of [December first, nineteen hundred eighty-one] July first, nineteen hundred ninety-one, consisting of [twentyfive' twenty-three engine companies and thirteen hook and ladder companies (Not including the fire boat), shall be reestablished, with power in the commissioner of fire, with the approval of the common council, to add to or diminish the number thereof or relocate said companies by order rule or regulation. Section 2. This local law shall take effect July l, 1991. NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. LAID ON THE TABLE. No.14 BY: MR. FAHEY CITY OF BUFFALO LOCAL LAW NO ________ (1991) INTRODUCTORY NO.10(1991) A LOCAL LAW amending Article 14-A of the charter of the City of Buffalo, in relation to deleting the position of Senior Deputy Commissioner and deleting the Division for Urban Affairs and the Director of Urban Affairs. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section l. That section two hundred eighty-five point five of article fourteen-A of the charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 285.5 [Senior Deputy Commissioner; Duties and Powers] (Reserved) Section 2. That section two hundred eighty-five point seven of article fourteen-A of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 285.7 Divisions. There shall be in the department of human resources the following divisions: Division for the aging. Division of substance abuse services. Division for youth. Division for employment and training. Division for demonstration projects. [Division for urban affairs.] Section 3. That subsections twenty-three, twentyfour, twenty-six, third paragraph of twenty-seven and subsection thirty of section two hundred eighty-five of article fourteen-A of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: [DIVISION OF URBAN AFFAIRS] Sec. 285.23. [Director of Urban Affairs] (Reserved). [The head of the division for urban affairs shall be the director of urban affairs.] Sec. 285.24. Commission on Human Relations. There is hereby created [in this division] in the department of human resources a commission to be designated as the commission on human relations. Sec. 285.26. Duties and Powers of the Commission. The duties and powers of the commission shall be: (a) To coordinate efforts with federal, state and city agencies in preparing, studying, soliciting and executing programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and discrimination within the city and to this end, to enlist the cooperation of various racial, religious, community and ethnic groups; (b) To preliminarily receive and investigate, in confidence, any and all complaints of discrimination made under oath with power to hold private or public hearings and take the testimony of persons under oath with the aid of their counsel, and after such investigation is completed, recommend to the [director] commissioner of human resources whether the complaint should be dismissed or prosecuted further by reference to an appropriate governmental agency or grievance committee. The report of such hearing inclusive of a summary or transcript of the testimony, with the recommendation of the commission or its conciliation panel, is to be submitted to the [director of the division] commissioner of human resources, who shall take appropriate action pursuant to the city's equal employment opportunity program. The right to publish the results of the investigation shall not include the right to publish matters that are by law confidential in nature or which are prohibited by an order of the court; (c) To recommend to the mayor, the common council, the commissioner of human resources, [the director of urban affairs], or other governmental or private agencies, legislation to aid in carrying out programs designed to eliminate racial and social injustice; (d) To establish, with the approval of the mayor, or the commissioner of human resources [or the director of urban affairs], such standing committees as it deems advisable by its rules, regulations and by-laws to carry out its duties and powers; (e) To do such other act or thing necessary to effectuate the purpose and objective of the [division] department of human resources, including making investigations and studies in the field of urban affairs by and through committees or members of the commission selected and designated by the [director of the division] department of human resources. Sec. 285.27. Membership of Committees, Councils or Commissions. Any committee, council or commission created by this article, except the commission on human relations or a conciliation panel... Meetings shall be held upon the call of the [director] commissioner of human resources, the chairman, or as specified in a written declaration by a majority of the members of such committee, council or commission. Sec. 285.30. Equal Employment Opportunity Coordinator. The [director of urban affairs] commissioner of human resources shall assume the duties of the equal employment opportunity coordinator as established by the equal employment opportunity program of the city of Buffalo pursuant to item number two hundred seventy-eight of the common council proceedings of July eighth, nineteen hundred seventy-five, and item number three hundred twenty-five of the common council proceedings of July twenty-second, nineteen hundred seventy-five. Section 4. This local law shall take effect on July l, 1991. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL. NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. LAID ON THE TABLE. No.15 BY: MR. FAHEY CITY OF BUFFALO LOCAL LAW NO. _______ (1991) INTRODUCTORY NO. Il(1991) A LOCAL LAW amending section four hundred sixty-six of article twenty-five of the charter of the city of Buffalo, in relation to police and fire pensions. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section l. That subsections one through nine and sub-sect ions eleven and fourteen of section four hundred sixty-six of article twenty-five of the charter of the city of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 466. Amount of Pension. Pensions shall be paid in equal monthly installments as follows: (l) To a member retired pursuant to subdivision one of section four hundred sixty-three or subdivision one of section four hundred sixty-four, a sum equal to one-half of such member's salary or compensation received at the time of his retirement, but not less than [seven hundred sixty-five] seven hundred eighty-five dollars per month. (2) To a member retired after this local law takes effect solely by reason of twenty-five years of service, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than (seven hundred sixty-five] seven hundred eighty-five dollars per month. (3) To a member retired pursuant to subdivision four of section four hundred sixty-four, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than [seven hundred sixty-five] seven hundred eighty-five dollars per month. (4) To a member retired pursuant to subdivision five of section four hundred sixty-four, a pension shall be granted upon the conditions and at the rate applicable to said member on the day preceding his receipt of said notice of discharge or demotion but not less than [seven hundred sixty-five] seven hundred eighty-five dollars per month. (5) To a member retired by reason of having reached the age of seventy years, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than [seven hundred sixty-five] seven hundred eighty-five dollars per month. (6) To any member retired on account of injury, disease or disability and who has completed ten or more years of service, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than (seven hundred sixtyfive] seven hundred eighty -five dollars per month. (7) To the widow of any member heretofore or hereafter killed in the discharge of his duty in said department, a sum in monthly installments equal to his salary or compensation for one year at the rate paid him at the time of his death and after the first year the sum of five hundred forty] five hundred sixty dollars per month. (7) To the widow of any member heretofore or hereafter killed in the discharge of his duty in said department, a sum in monthly installments equal to his salary or compensation for one year at the rate paid him at the time of his death and after the first year the sum of [five hundred forty] five hundred sixty dollars per month. (8) To the widow of any member who dies or has heretofore died as a result of injury received in the discharge of his duty in said department, a sum in monthly installments equal to his salary or compensation for one year at the rate paid him at the time of his death and thereafter the sum of [five hundred forty] five hundred sixty dollars per month until her death or remarriage. (9) To the widow of a member who dies or has heretofore died while in service or after retirement, a sum of [five hundred forty] five hundred sixty dollars per month during her lifetime or until her remarriage. (11) To the dependent parents, jointly, or to the surviving dependent parent of any member where no pension is being paid to a widow or child of such deceased, the sum of (four hundred twenty-five] four hundred forty-five dollars per month. (14) In addition to any payments provided in subdivisions one, two, three, four, five and six of this section, there shall be paid to a member an annual pension total of the pension amount as prescribed on June thirty nineteen hundred [ninety] ninety-one, plus an additional amount of [twenty-five] twenty dollars per month. Section 2. That this local law shall take effect on July l, 1991. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL NOTE: Matter underlined is new; matter in brackets [ ) to be omitted. LAID ON THE TABLE. No.16 On a motion by Mr. Fahey, Seconded by Mr. Amos, the Common Council Adjourned at 3:05 P.M. to meet again Thursday, May 16, 1991 at 9:00 A.M. to begin deliberations on the Mayor's Budget Recommendations for 1991-1992. Charles L. Michaux, III City Clerk COMMON COUNCIL CITY HALL, BUFFALO N.Y. ADJOURNED SESSION May 16, 1991 at 9:10 A.M. PRESENT- GEORGE K. ARTHUR, PRESIDENT OF THE COUNCIL AND COUNCIL MEMBERS: BAKOS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, RUTECKI. - 8. ABSENT- COUNCILMEMBERS: AMOS, BELL, COLLINS, FRANCZYK, PITTS. - 5. No. 1 Councilmember Franczyk now took his seat in the Chamber at 9:20 A.M. Councilmember Collins now took his seat in the Chamber at 9:26 A.M. Cornncilmember Pitts now took his seat in the Chamber at 9:28 A.M. Councilmember Bell now took his seat in the Chamber at 9:53 A.M. Councilmember Amos now took his seat in the Chamber at 10:37 A.M. No. 2 At 12:00 Noon, Mr. Franczyk moved to recess until 2:00 P.M. to continue the Budget Hearings. Seconded by Mr. Collins. CARRIED. No. 3 At 2:10 P.M. the Committee of the hole reconvened with the following members present: COUNCIL PRESIDENT ARTHUR AND COUNCILMEMBERS BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, RUTECKI- 9. ABSENT: COUNCILMEMBERS- AMOS, LoTEMPIO, PERLA, PITTS.- 4 No. 5 Councilmember Amos now took his seat in the Chamber at 2:17 P.M. Councilmember Pitts now took his seat in the Chamber at 2:18 P.M. Cornncilmember PerIa now took his seat in the Chamber at 2:35 P.M. No. 6 There being no further business in connection with the consideration of the Mayor's Budget Estimates for the fiscal year 1991-1992 before the Committee of the whole, it was moved by Mr. Fahey, Seconded by Mr. Pitts that the Committee of the whole now resolve into the Common Council. CARRIED. No. 7 On a motion by Mr. Fahey, Seconded by Mr. Pitts, the Common Council adjourned at 4:17 P.M., to meet again as the Committee of the Whole on Friday, May 17, 1991 at 9:00 A.M. to continue hearings on the Mayor's Budget Estimates for 1991-1992. CHARLES L. MICHAUX, III CITY CLERK COMMON COUNCIL CITY HALL, BUFFALO N.Y. ADJOURNED SESSION May 17, 1991 at 9:15 A.M. PRESENT- GEORGE K. ARTHUR, PRESIDENT OF THE COUNCIL ID COUNCIL MEMBERS: COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO RUTECKI. - 7. ABSENT- COUNCILMEMBERS: AMOS, BAKOS, BELL, FRANCZYK, PERLA, PITTS.- 6. No.1 Mr. Fahey moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the fiscal year beginning July 1, 1991, and ending June 30, 1992. Seconded by Mr. Coppola. CARRIED. No.2 Councilmember Franczyk now took his seat in the Chamber at 9:17 A.M. Councilmember Amos now took his seat in the Chamber at 9:19 A.M. Councilmember Pitts now took his seat in the Chamber at 9:45 A.M. Cornncilmember Perla now took his seat in the Chamber at 10:18 A.M. No.3 At 12:05 P.M., Mr. Rutecki moved to recess until 2:00 P.M. to continue the Budget Hearings. Seconded by Mr. Franczyk. CARRIED. No.4 At 2:15 P.M. the Committee of the hole reconvened with the following members present: COUNCILMEMBERS AMOS, BAK0S, BELL, COPPOLA, FRANCZYK, PERLA, RUTECKI - 7. ABSENT: COUNCIL PRESIDENT ARTHUR AND COUNCILMEMBERS COLLINS, FAHEY, HIGGINS, LOTEMPIO, PITTS.- 6. No.5 Councilmember Collins now took his seat in the Chamber at 2:37 P.M. Councilmember Fahey now took his seat in the Chamber at 3:04 P.M. No.6 At 4:00 P.M., Mr. Fahey moved to recess until 6:00 P.M., Friday May 17, 1991, then to continue the budget hearings. Seconded by Mr. Franczyk. CARRIED. No.7 At 6:08 P.M. the Committee of the Whole reconvened with the following members present: COUNCILMEMBERS BAKOS, COLLINS, COPPOLA FAHEY, FRANCZYK, HIGGINS, LOTEMPIO PERLA, PITTS.--9. ABSENT: COUNCIL PRESIDENT ARTHUR AND C0UNCILMEMBERS-AM0S, BELL, RUTECKI . -4 No.8 Councilmember Rutecki now took his seat in the Chamber at 6:10 P.M. Councilmember Amos now took his her seat in the Chamber at 7:03 P.M. No.9 There being no further business in connection with the consideration of the Mayor's Budget Estimates for the fiscal year 1991-1992 before the Committee of the whole, it was moved by Mr. Fahey, Seconded by Mr. Bakos, that the Committee of the whole now resolve into the Common Council. CARRIED. No. 10 On a motion by Mr. Fahey, Seconded by Mr. Perla, the Common Council adjourned at 8:45 P.M., to meet again on Monday, May 20, 1991 at 9:00 A.M. as the Committee of the hole to continue hearings on the Mayor's Budget Estimates for 1991-1992. CHARLES L. MICHAUX, III CITY CLERK COMMON COUNCI L CITY HALL, BUFFALO N.Y. ADJOURNED SESSION May 20, 1991 at 9:15 A.M. PRESENT- GEORGE K. ARTHUR, PRESIDENT OF THE COUNCIL AND COUNCIL MEMBERS: COLLINS, FAHEY, FRANCZYK, LOTEMPIO PITTS, RUTECKI. - 7. ABSENT- COUNCILMEMBERS: AMOS, BAKOS BELL, COPPOLA, HIGGINS, PERLA.- 6. No.1 Mr. Fahey moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the fiscal year beginning July 1, 1991, and ending June 30, 1992. Seconded by Mr. Rutecki. CARRIED. No.2 Councilmember Coppola now took his seat in the Chamber at 9:21 A.M. Councilmember PerIa now took his seat in the Chamber at 9:30 A.M. Councilmember Bell now took his seat in the Chamber at 9:55 A.M. No.3 At 10:00 A.M., Mr. Coppola moved to recess until 2:00 P.M. to continue the Budget Hearings. Seconded by Mrs. LoTempio. CARRIED. No.4 At 2:08 P.M. the Committee of the hole reconvened with the following members present: COUNCIL PRESIDENT ARTHUR AND COUNCILMEMBERS BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK PITTS, RUTECKI.- 8. ABSENT: COUNCILMEMBERS- AMOS, FAHEY, HIGGINS, LOTEMPIO, PERLA.- 5. No.5 Councilmember Amos now took his seat in the Chamber at 2:10 P.M. Councilmember Fahey now took his seat in the Chamber at 2:13 P.M. Councilmember Higgins now took his seat in the Chamber at 2:48 P.M. Councilmember Perla now took his seat in the Chamber at 2:53 P.M. No.6 At 4:48 P.M., Mr. Arthur moved to recess until 6:00 P.M., then to continue the budget hearings. Seconded by Mr. Coppola. CARRIED. No.7 At 6:08 P.M. the Committee of the Whole reconvened with the following members present: COUNCIL PRESIDENT ARTHUR AND COUNCILMEMBERS BAKOS, BELL, COPPOLA, LOTEMPIO, PERLA, RUTECKI.- 7. ABSENT: COUNCILMEMBERS- AMOS, COLLINS, FAHEY, FRANCZYK, HIGGINS, PITTS.- 6. No.8 Councilmember Fahey now took his seat in the Chamber at 6:11 P.M. Councilmember Franczyk now took his seat in the Chamber at 6:15 P.M. Councilmember Amos now took his seat in the Chamber at 6:43 P.M. Councilmember Collins now took his seat in the Chamber at 6:48 P.M. No.9 There being no further business in connection with the consideration of the Mayor's Budget Estimates for the fiscal year 1991-1992 before the Committee of the whole, it was moved by Mr. Fahey, Seconded by Mr. Bell, that the Committee of the whole now resolve into the Common Council. CARRIED. No. 10 On a motion by Mr. Fahey, Seconded by Mr. Perla, the Common Council adjourned at 7:25 P.M., to meet again on Wednesday, May 22, 1991 at 9:00 A.M. as the Committee of the Whole to continue hearings on the Mayor's Budget Estimates for 1991-1992. CHARLES L. MICHAUX, III CITY CLERK COMMON COUNCIL CITY HALL, BUFFALO N.Y. ADJOURNED SESSION May 22, 1991 at 9:10 A.M. PRESENT- GEORGE K. ARTHUR, PRESIDENT OF THE COUNCIL AND COUNCIL MEMBERS: BELL, COLLINS, FAHEY, LOTEMPIO PITTS, RUTECKI. - 7. ABSENT- COUNCILMEMBERS: AMOS, BAKOS COPPOLA, FRANCZYK, HIGGINS, PERLA. - 6. No.1 Mr. Fahey moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the fiscal year beginning July 1, 1991, and ending June 30, 1992. Seconded by Mr. Bell. CARRIED. No.2 Councilmember Coppola now took his seat in the Chamber at 9:19 A.M. Councilmember Bakos now took his seat in the Chamber at 9:20 A.M. Councilmember PerIa now took his seat in the Chamber at 9:30 A.M. Councilmember Amos now took his seat in the Chamber at 9:46 A.M. Councilmember Franczyk now took his seat in the Chamber at 10:10 A.M. Councilmember Higgins now took his seat in the Chamber at 10:10 A.M. No.3 At 10:45 A.M., Mr. Fahey moved to recess until 2:00 P.M. to continue the Budget Hearings. Seconded by Mr. Bell. CARRIED. No.4 At 2:15 P.M. the Committee of the Whole reconvened with the following members present: COUNCIL PRESIDENT ARTHUR ID COUNCILMEMBERS AMOS, COLLINS, FRANCZYK, LOTEMPIO, PITTS, RUTECKI.- 7. ABSENT: COUNCILMEMBERS- BAKOS, BELL, COPPOLA, FAHEY. HIGGINS, PERLA.- 6. No. 5 Councilmember Fahey now took his seat in the Chamber at 2:16 P.M. Cornncilmember Bakos now took his seat in the Chamber at 2:18 P.M. Councilmember Bell now took his seat in the Chamber at 2:19 P.M. Councilmember Coppola now took his seat in the Chamber at 2:22 P.M. Councilmember Perla now took his seat in the Chamber at 2:24 P.M. Councilmember Higgins now took his her seat in the Chamber at 3:02 P.M. No.6 There being no further business in connection with the consideration of the Mayor's Budget Estimates for the fiscal year 1991-1992 before the Committee of the Whole, it was moved by Mr. Fahey, Seconded by Mrs. LoTempio that the Committee of the Whole now resolve into the Common Council. CARRIED. No.7 On a motion by Mr. Fahey, Seconded by Mr. Perla, the Common Council adjourned at 8:12 P.M.. CHARLES L. MICHAUX, III CITY CLERK COMMON COUNCIL CITY HALL, BUFFALO N.Y. SPECIAL SESSION May 24, 1991 at: 11:05 A.M. Present- George K. Arthur, President of the Council and Councilmembers: Bakos, Bell, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts. - 9. Absent- Councilmembers: Amos, Collins, Coppola, Rutecki. 4. No. I CALL FOR SPECIAL SESSION Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: Pursuant to Section 30 Of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated May 22, 1991, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 24, 1991 at 11:00 am. for the following purposes: (l) Receive any and all further items regarding reapportionment. (2) Discharge Committee of the whole from further consideration of all Items and Local Laws regarding reapportionment. (3) Discharge Committee of Legislation from further consideration of Local Law Intro. No. 12 - Coppola Amendment - #198, 5/14/91, and take appropriate action on all items relative to reapportionment. Hon. George K. Arthur President of the Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purposes: (l) Receive any and all further items regarding reapportionment. (2) Discharge Committee of the whole from further consideration of all Items and Local Laws regarding reapportionment. (3) Discharge Committee of Legislation from further consideration of Local Law Intro. No. 12 - Coppola Amendment - #198, 5/14/91, and take appropriate action on all items relative to reapportionment. WE request that this Special Meeting be held on May 24, 1991 at 11:00 am. ROSEMARIE LOTEMPIO, DAVID A. COLLINS, DAVID FRANCZYK, ARCHIE L. AMOS, JAMES W. PITTS TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated May 22, 1991 the RON. GEORGE K. ARTHUR, president of the Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 24, 1991 at 11:00 am. for the following purposes: (1) Receive any and all further items regarding reapportionment. (2) Discharge Committee of the Whole from further consideration of all Items and Local Laws regarding reapportionment. (3) Discharge Committee of Legislation from further consideration of Local Law Intro. No. 12 - Coppola Amendment - #198, 5/14/91, and take appropriate action on all items relative to reapportionment. Yours very truly, CHARLES L. MICHAUX, III City Clerk Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: ARCHIE L. AMOS, JR. DAVID FRANCZYK NORMAN M. BAKOS CARL A. PERLA, JR. CLIFFORD BELL BRIAN HIGGINS DAVID A. COLLINS ROSEMARIE LOTEMPIO ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DAVID P. RUTECKI hereby states that he received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly-called to be held on May 24, 1991 at ll:00 a.m. STATE OF NEW YORK COUNTY OF ERIE ss: CITY OF BUFFALO On this 22nd day of May, 1991, before me, the subscribers, personally appeared to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. RICHARD OKONIEWSKI Commissioner of Deeds, in and / for the City of Buffalo, N.Y. My commission expires l2/3l/92. No. 2 Mr. Rutecki now took his seat in the Council Chambers at 11:08 A.M No.3 BY: MESSRS. ARTHUR, FAHEY AND RUTECKI (REPUBLICAN PLAN] CITY OF BUFFALO LOCAL LAW NO _________ (1991) INTRODUCTORY NO.13(1991) A LOCAL LAW amending Section 5 of Article l of the Charter of the City of Buffalo relating to Council Districts. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section l. That Section 5 of Article 1 of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as set forth in the attached Schedule "A": Section 2. This local law shall take effect immediately. APPROVED AS TO FORM R. PETER MORROW Acting Corporation Counsel RECEIVED AND FILED UNIVERSITY DISTRICT REPUBLICAN BEGINNING at the intersection of the center line of Kenmore Avenue, which is the north boundary of the City of Buffalo, with the center line of the right-of-way of the former Lackawanna Railroad and running thence easterly along the center line of Kenmore Avenue to the center line of Main Street; running thence northeasterly along the center line of Main Street to its intersection with the easterly boundary line of the City of Buffalo; running thence generally in 'the southerly direction along the easterly boundary line of the City of Buffalo to its intersection with the easterly extension of the center line of Easton Avenue; thence westerly along the center line of Easton Avenue and its extension to the center line of Newburgh Avenue; thence southerly along the center line of Newburgh Avenue to the center line of Gerald Avenue; thence westerly along the center line of Gerald Avenue to the center line of Bailey Avenue; thence northerly along the center line of Bailey Avenue to the center line of Dorris Avenue; thence westerly along the center line of Dorris Avenue and its extension to the center line of the right-of-way of the former Erie Railroad; thence southeasterly along the center line of the right-of-way of the former Erie Railroad to the center line of East Delavan Avenue; thence westerly along the center line of East Delavan Avenue to the center line of Cornwall Avenue; thence northerly along the center line of Cornwall Avenue to the center line of Sussex Street; thence westerly along the center line of Sussex Street to the center line of Wyoming Avenue; thence northerly along the center line of Wyoming Avenue to the center line of the Kensington Expressway; thence westerly along the center line of the Kensington Expressway to the center line of Deerfield Avenue; thence northerly along the center line of Deer field Avenue to the center line of Colfax Avenue; thence westerly along the center line of Colfax Avenue to the center line of Grider Street; thence northerly along the center line of Grider Street to the center line of Kensington Avenue; thence northeasterly along the center line of Kensington Avenue to the center line of LeRoy Avenue; thence westerly along the center line of LeRoy Avenue to the center line of Richlawn Avenue; thence northerly along the center line of Richlawn Avenue to the center line of Shawnee Avenue; thence easterly along the center line of Shawnee Avenue to the center line of Manhattan Avenue; thence northerly along the center line of Manhattan Avenue to the center line of Bennett Village Terrace; thence westerly along the center line of Bennett Village Terrace to the center line of Holden Avenue; thence northerly along the center line of Holden Avenue to the center line of East Amherst Street; thence westerly along the center line of East Amherst Street to the center line of Main Street; thence northeasterly along the center line of Main Street to the center line of Huntington Avenue; thence northwesterly along the center line of Huntington Avenue to the center line of Beard Avenue; thence southwesterly along the center line of Beard Avenue to the center line of Woodbridge Avenue; thence westerly along the center line of Woodbridge Avenue to the center line of Parker Avenue; thence northerly along the center line of Parker Avenue to the center line of Tacoma Street; thence easterly along the center line of Tacoma Street to the center line of Groveland Street; thence northerly along the center line of Groveland Street to its intersection with the center line of Parkside Avenue; thence easterly along the center line of Parkside Avenue and its extension to the center line of the right-of-way of the former Lackawanna Railroad; thence northerly along the center line of the right-of-way of the former Lackawanna Railroad to the point or place of beginning. LOVEJOY DISTRICT BEGINNING at the intersection of the easterly boundary line of the City of Buffalo with the easterly extension of the center line of Easton Avenue; and running thence southerly and along the easterly boundary line of the City of Buffalo to its intersection with the center line of Mineral Spring Road; thence westerly along the center line of Mineral Spring Road to its intersection with the center line of the right-of-way of the former Pennsylvania Railroad; running thence northwesterly along the center line of the right-of-way of the former Pennsylvania Railroad to the center line of the Buffalo River; running thence generally in the westerly direction to the center line of Bailey Avenue; thence southerly along the center line of Bailey Avenue to the center line of Cazenovia Creek; thence easterly along the center line of Cazenovia Creek to the center line of Southside Parkway; thence southerly along the center line of Southside Parkway to the center line of Abbott Road; thence westerly along the center line of Abbott Road and South Park Avenue to the center line of the Buffalo River; thence generally westerly along the center line of the Buffalo River to its intersection with the center line of the right-of-way of the former New York Central Railroad east of Fitzgerald Street; thence northerly along the center line of the right-of-way of the former New York Central Railroad to the center line of South Park Avenue; thence easterly and along the center line of South Park Avenue to the center line of Van Rensselaer Street; thence northerly along the center line of Van Rensselaer Street to the center line of the Niagara section of the New York State Thruway; thence easterly along the center line of the Niagara Section of the New York State Thruway to its intersection with the center line of the right-of-way of the Buffalo Creek Railroad; thence northerly along the center line of the right-of-way of the Buffalo Creek Railroad to the center line of the right-of-way of the former Pennsylvania Railroad; thence southeasterly along the center line of the right-of-way of the former Pennsylvania Railroad to the center line of the Niagara section of the New York State Thruway; thence northeasterly along the center line of the right-of-way of the Niagara section of the New York State Thruway to the center line of Clinton Street; thence westerly along the center line of Clinton Street to the center line of Bailey Avenue; thence northerly along the. center line of Bailey Avenue to the center line of East Lovejoy Street; thence westerly along the center line of East Lovejoy Street to the center line of the right-of-way of the former Erie Railroad; thence northerly along the center line of the right-of-way of the former Erie Railroad to the center line of the right-of-way of the former New York Central Railroad south of Broadway; thence northeasterly along the center line of the right-of-way of the former New York Central Railroad to the center line of Bailey Avenue; thence northerly along the center line of Bailey Avenue to the center line of West Shore Avenue; thence westerly along the center line of West Shore Avenue to the center line of Fay Street; thence northerly along the center line of Fay Street and the center line of Burgard Place to the center line of Genesee Street; thence southwesterly along the center line of Genesee Street to the center line of Colorado Avenue; thence northerly along the center line of Colorado Avenue to the center line of East Ferry Street; thence easterly along the center line of East Ferry Street to the center line of the right-of-way of the former Erie Railroad; thence northerly along the center line of the right-of-way of the former Erie Railroad to the center line of East Delavan Avenue; thence easterly along the center line of East Delavan Avenue to the center line of the right-of-way of the former Lackawanna Railroad; thence northerly along the center line of the right-of-way of the former Lackawanna Railroad to the center line of Dorris Avenue extended westerly; thence easterly along the center line of Dorris Avenue and its extension to the center line of Bailey Avenue; thence southerly along the center line of Bailey Avenue to the center line of Gerald Avenue; thence easterly along the center line of Gerald Avenue to the center line of Newburgh Avenue; thence northerly along the center line of Newburgh Avenue to the center line of Easton Avenue; thence easterly along the center line of Easton Avenue and its easterly extension to the point or place of beginning. MASTEN DISTRICT BEGINNING at the intersection of the center line of Main Street, with the center line of East Amherst Street, and running thence easterly along the center line of East Amherst Street to the center line of Holden Avenue; thence southerly along the center line of Holden Avenue to the center line of Bennett Village Terrace; thence easterly along the center line of Bennett Village Terrace to the center line of Manhattan Avenue; thence southerly along the center line of Manhattan Avenue to the center line of Shawnee Avenue; thence westerly along the center line of Shawnee Avenue to the center line of Richlawn Avenue; thence southerly along the center line of Richlawn Avenue to the center line of LeRoy Avenue; thence easterly along the center line of LeRoy Avenue to the center line of Kensington Avenue; thence southwesterly along the center line of Kensington Avenue to the center line of Grider Street; thence southerly along the center line of Grider Street to the center line of Colfax Avenue; thence easterly along the center line of Colfax Avenue to the center line of Deer field Avenue; thence southerly along the center line of Deerfield Avenue to the center line of the Kensington Expressway; thence easterly along the center line of the Kensington Expressway to the center line of Wyoming Avenue; thence southerly along the center line of Wyoming Avenue to the center line of Sussex Street; thence easterly along the center line of Sussex Street to the center line of Cornwall Avenue; thence southerly along the center line of Cornwall Avenue to the center line of East Delavan Avenue; thence easterly along the center line of East Delavan Avenue to the center line of the right-of-way of the former Erie Railroad; thence southerly along the center line of the right-of-way of the former Erie Railroad to the center line of East Ferry Street; thence westerly along the center line of East Ferry Street to the center line of Colorado Avenue; thence southerly along the center line of Colorado Avenue to the center line of Genesee Street; thence southwesterly along the center line of Genesee Street to the center line of Moselle Street; thence northerly along the center line of Moselle Street to the center line of Urban Street; thence westerly along the center line of Urban Street to the center line of the right-of-way of the former Belt Line Railroad; thence northerly along the center line of the right-of-way of the Belt Line Railroad to the center line of Glenwood Avenue; thence westerly along the center line of Glenwood Avenue to the center line of Kehr Street; thence southerly along the center line of Kehr Street to the center line of Urban Street; thence westerly along the center line of Urban Street and the center line of Riley Street to the center line of Humboldt Parkway; thence northerly along the center line of Humboldt Parkway to the center line of Glenwood Avenue; thence westerly along the center line of Glenwood Avenue to the center line of Wohlers Avenue; thence southerly along the center line of Wohlers Avenue to the center line of East Utica Street; thence westerly along the center line of East Utica Street to the center line of Roehrer Avenue; thence northerly along the center line of Roehrer Avenue to the center line of Glenwood Avenue; thence westerly along the center line of Glenwood Avenue to the center line of Storz Avenue; thence northerly along the center line of Storz Avenue to the center line of Winslow Avenue; thence westerly along the center line of Winslow Avenue to the center line of DuPont Street; thence northerly along the center line of DuPont Street to the center line of Woodlawn Avenue; thence westerly along the center line of Woodlawn Avenue to the center line of Verplanck Street; thence northerly along the center line of Verplanck Street to the center line of East Ferry Street; thence westerly along the center line of East Ferry Street to the center line of Masten Avenue; thence south along the center line of Masten Avenue to the center line of Woodlawn Avenue; thence westerly along the center line of Woodlawn Avenue to the center line of Main Street; thence southerly along the center line of Main Street to the center line of West Utica Street; thence westerly along the center line of West Utica Street to the center line of Linwood Avenue; thence northerly along the center line of Linwood Avenue to the center line of West Delavan Avenue; thence easterly along the center line of West Delavan Avenue to the center line of Main Street; thence northeasterly along the center line of Main Street to the center line of Humboldt Parkway; thence northwesterly along the center line of Humboldt Parkway to the center line of Crescent Avenue; thence northeasterly along the center line of Crescent Avenue to the center line of Oakwood Place; thence northwesterly along the center line of Oakwood Place to the center line of Sunmit Avenue; thence northerly along the center line of Summit Avenue to the center line of Russell Avenue; thence easterly along the center line of Russell Avenue to the center line of Crescent Avenue; thence northerly along the center line of Crescent Avenue to the center line of Amherst Street; thence easterly along the center line of Amherst Street to the point or place of beginning. NIAGARA DISTRICT BEGINNING at the intersection of the center line of Lafayette Avenue with the center line of Elmwood Avenue and running thence south and along the center line of Elmwood Avenue to the center line of North Street; thence westerly along the center line of North Street to the center of Symphony Circle; thence southeasterly along the center line of Wadsworth Street to the center line of Hudson Street; thence southwesterly along the center line of Hudson Street to the centerline of Cottage Street; thence southeasterly along the centerline of Cottage Street to the center line of Maryland Street; thence southwesterly along the center line of Maryland Street to the center line of West Tupper Street; thence southeasterly along the center line of West Tupper Street to the center line of Carolina Street; thence southwesterly along the center line of Carolina Street to the center line of Whitney Place; thence southeasterly along the center line of Whitney Place to the center line of Georgia Street; thence southwesterly along the center line of Georgia Street to the center line of Niagara Street; thence northwesterly along the center line of Niagara Street to the center line of Carolina Street; thence southwesterly along the center line of Carolina Street to its intersection with the southeasterly extension of the center line of Busti Avenue; thence northwesterly along the extension of Busti Avenue to the center line of Virginia Street; thence southwesterly along the center line of Virginia Street and its southwest extension to the westerly boundary line of the City of Buffalo; thence northerly along the westerly boundary line of the City of Buffalo to it intersection with the westerly extension of West Delavan Avenue; thence easterly and along the westerly extension of West Delavan Avenue across Squaw Island and then along the center line of West Delavan Avenue to the center line of Baynes Street; thence southerly along the center line of Baynes Street to the center line of Lafayette Avenue; thence easterly along the center line of Lafayette Avenue to the point or place of beginning. FILLMORE DISTRICT BEGINNING at the intersection of the center line of Genesee Street with the center line of Moselle Street and running northeasterly along the center line of Genesee Street to the center line of Burgard Place; running thence southerly along the center line of Burgard Place and the center line of Fay Street to the center line of West Shore Avenue; running thence easterly along the center line of West Shore Avenue to the center line of Bailey Avenue; running thence southerly along the center line of Bailey Avenue to the center line of the right-of-way of the former New York Central Railroad south of Broadway; thence southwesterly along the center line of the right-of-way of the former New York Central Railroad to the center line of the right-of-way of the former Erie Railroad; thence southerly along the center line of the right-of-way of the former Erie Railroad to the center line of East Lovejoy Street extended westerly; thence easterly along the center line of East Lovejoy Street and its extension to the center line of Bailey Avenue; thence southerly and southwesterly along the center line of Bailey Avenue to the center line of Clinton Street; thence easterly along the center line of Clinton Street to the center line of the Niagara Section of the New York State Thruway; thence southwesterly along the center line of the Niagara Section of the New York State Thruway to the center line of the right-of-way of the former Pennsylvania Railroad; thence northwesterly along the center line of the right-of-way of the former Pennsylvania Railroad to the center line of the right-of-way of the Buffalo Creek Railroad; thence southerly along the center line of the right-of-way of the Buffalo Creek Railroad to the center line of the Niagara Section of the New York State Thruway; thence westerly along the center line of the Niagara Section of the Thruway to the center line of Van Rensselaer Street; thence southerly along the center line of Van Rensselaer Street to the center line of South Park Avenue; thence westerly along the center line of South Park Avenue to the center line of the right-of-way of the former New York Central Railroad east of Fitzgerald Street; thence southerly along the center line of the right-of-way of the former New York Central Railroad to the center line of the Buffalo River; thence generally in a westerly direction along the center line of the Buffalo River to the center line of the Buffalo Skyway; thence northerly along the center line of the Buffalo Skyway to the center line of Commercial Street; thence southwesterly along the center line of Commercial Street and northwesterly along the westerly most roadway of Marine Drive to a point 200 feet southwest of Erie Street; thence northeasterly on a straight line through the Marine Drive Apartments to the intersection of the center line of the Buffalo Skyway with the center line of the Niagara Section of the New York State Thruway; thence easterly along the center line of the Niagara Section of the New York State Thruway to the center line of Hamburg Street; thence northerly and northeasterly along the center line of Hamburg Street to the center line of Jefferson Avenue; thence northerly along the center line of Jefferson Avenue to the center line of Eagle Street; thence easterly along the center line of Eagle Street to the center line of Smith Street; thence northerly along the center line of Smith Street to the center line of Peckham Street; thence easterly along the center line of Peckham Street to the center line of Detroit Street; thence northerly along the center line of Detroit Street to the center line of Broadway; thence westerly along the center line of Broadway to the center line of Herman Street; thence northerly along the center line of Herman Street to the center line of Sycamore Street; thence northeasterly along the center line of Sycamore Street to the center line of Strauss Street; thence northerly along the center line of Strauss Street to the center line of Genesee Street; thence northeasterly along the center line of Genesee Street to the center line of Walden Avenue; thence easterly along the center line of Walden Avenue to the center line of Kieffer Street; thence northerly along the center line of Kieffer Street and the center line of Kehr Street to the center line of Glenwood Avenue; thence easterly along the center line of Glenwood Avenue to the center line of the right-of-way of the former Belt Line Railroad; thence southerly along the center line of the right-of-way of the former Belt Line Railroad to the center line of Urban Street; thence easterly along the center line of Urban Street to the center line of Moselle Street; thence southerly along the center line of Moselle Street to the point or place of beginning. ELLICOTT DISTRICT BEGINNING at the intersection of the center line of Woodlawn Avenue with the center line of Main Street and running thence east along the center line of Woodlawn Avenue to the center line of Masten Avenue; thence north along the center line of Masten Avenue to the center line of East Ferry Street; thence easterly along the center line of East Ferry Street to the center line of Verplanck Street; thence southerly along the center line of Verplanck Street to the center line of Woodlawn Avenue; thence easterly along the center line of Woodlawn Avenue to the center line of DuPont Street; thence southerly along the center line of DuPont Street to the center line of Winslow Avenue; thence easterly along the center line of Winslow Avenue to the center line of Storz Avenue; thence southerly along the center line of Storz Avenue to the center line of Glenwood Avenue; thence easterly along the center line of Glenwood Avenue to the center line of Roehrer Avenue; thence southerly along the center line of Roehrer Avenue to the center line of East Utica Street; thence easterly along the center line of East Utica Street to the center line of Wohlers Avenue; thence northerly along the center line of Wohlers Avenue to the center line of Glenwood Avenue; thence easterly along the center line of Glenwood Avenue to the center line of Humboldt Parkway; thence southerly along the center line of Humboldt Parkway to the center line of Riley Street; thence easterly along the center line of Riley Street and the center line of Urban Street to the center line of Kehr Street; thence southerly along the center line of Kehr Street and the center line of Kieffer Street to the center line of Walden Avenue; thence westerly along the center line of Walden Avenue to the center line of Genesee Street; thence southwesterly along the center line of Genesee Street to the center line of Strauss Street; thence southerly along the center line of Strauss Street to the center line of Sycamore Street; thence southwesterly along the center line of Sycamore Street to the center line of Herman Street; thence southerly along the center line of Herman Street to the center line of Broadway; thence easterly along the center line of Broadway to the center line of Detroit Street; thence southerly along the center line of Detroit Street to the center line of Peckham Street; thence westerly along the center line of Peckham Street to the center line of Smith Street; thence southerly along the-' center line of Smith Street to the center line of Eagle Street; thence westerly along the center line of Eagle Street to the center line of Jefferson Avenue; thence southerly along the center line of Jefferson Avenue to the center line of Hamburg Street; thence southwesterly and southerly along the center line of Hamburg Street to the center line of the Niagara Section of the New York State Thruway; thence westerly along the center line of Niagara Section of the New York State Thruway to the center line of the Buffalo Skyway; thence on a straight line through the Marine Drive Apartments to a point in the westerly most road of Marine Drive at a point 200 feet southeast of Erie Street; thence southeast along the westerly most road of Marine Drive to the center line of Commercial Street; thence northeasterly along the center line of Commercial Street to the center line of the Buffalo Skyway; thence southerly along the center line of the Buffalo Skyway to the center line of the Buffalo River; thence generally westerly along the center line of the Buffalo River to its intersection with the westerly boundary line of the City of Buffalo; thence northerly along the westerly boundary line of the City of Buffalo to its intersection with the southwesterly extension of the center line of Virginia Street; thence northeasterly along the center line of Virginia Street and its extension across LaSalle Park to the center line of Busti Avenue; thence southeasterly along the extension of the center line of Busti Avenue to the center line of Carolina Street; thence northeasterly along the center line of Carolina Street to the center line of Niagara Street; thence southeasterly along the center line of Niagara Street to the center line of Georgia Street; thence northeasterly along the center line of Georgia Street to the center line of Whitney Place; thence northwesterly along the center line of Whitney Place to the center line of Carolina Street; thence northeasterly along the center line of Carolina Street to the center line of West Tupper Street; thence northwesterly along the center line of West Tupper Street to the center line of Maryland Street; thence northeasterly along the center line of Maryland Street to the center line of Cottage Street; thence northwesterly along the center line of Cottage Street 'to the center line of Hudson Street; thence northeasterly along the center line of Hudson Street to the center line of Wadsworth Street; thence northwesterly along the center line of Wadsworth Street to the center of Symphony Circle; thence easterly along the center line of North Street to the center line of Delaware Avenue; thence northerly along the center line of Delaware Avenue to the center line of Summer Street; thence easterly along the center line of Summer Street to the center line of Main Street; thence northerly along the center line of Main Street to the point or place of beginning. SOUTH DISTRICT BEGINNING at the intersection of the center line of Mineral Spring Road with the east line of the City of Buffalo and running thence generally in a southerly direction along the easterly boundary line of the City of Buffalo to the southerly boundary line of the City of Buffalo; thence generally westerly along the southerly boundary line of the City. of Buffalo to the westerly boundary line of the City of Buffalo; thence generally northwesterly along the westerly boundary line of the City of Buffalo to its intersection with the center line of the Buffalo River; thence generally in an easterly direction along the center line of the Buffalo River to its intersection with the center line of South Park Avenue; thence easterly and along the center line of South Park Avenue and Abbott Road to the center line of Southside Parkway; thence northerly along the center line of Southside Parkway to the center line of Cazenovia Creek; thence westerly along the center line of Cazenovia Creek to the center line of Bailey Avenue; thence northerly along the center line of Bailey Avenue to the center line of the Buffalo River; thence generally in an easterly direction along the center line of the Buffalo River to the center line of the right-of-way of the former Pennsylvania Railroad; thence southeasterly along the center line of the right-of-way of the former Pennsylvania Railroad to the center line of Mineral Spring Road; thence easterly along the center line of Mineral Spring Road to the point or place of beginning. DELAWARE DISTRICT BEGINNING at the intersection of the center line of Kenmore Avenue, which is the northerly boundary line of the City of Buffalo, with the center line of Elmwood Avenue; and running thence easterly and along the center line of Kenmore Avenue to the center line of the right-of-way of the former Lackawanna Railroad; running thence southerly and along the center line of the right-of-way of the former Lackawanna Railroad to its intersection with the easterly extension of the center line of Parkside Avenue; running thence westerly and along the center line of Parkside Avenue and its extension to the center line of Groveland Street; thence southerly along the center line of Groveland Street to the center line of Tacoma Street; thence westerly along the center line of Tacoma Street to the center line of Parker Avenue; thence southerly along the center line of Parker Avenue to the center line of Woodbridge Avenue; thence easterly along the center line of Woodbridge Avenue to the center line of Beard Avenue; thence northeasterly along the center line of Beard Avenue to the center line of Huntington Avenue; thence southeasterly along the center line of Huntington Avenue to the center line of Main Street; thence southwesterly along the center line of Main Street to the center line of Amherst Street; thence westerly along the center line of Amherst Street to the center line of Crescent Avenue; thence southerly along the center line of Crescent Avenue to the center line of Russell Avenue; thence westerly along the center line of Russell Avenue to the center line of Summit Avenue; thence southerly along the center line of Summit Avenue to the center line of Oakwood Place; thence southeasterly along the center line of Oakwood Place to the center line of Crescent Avenue; 'thence southwesterly along the center line of Crescent Avenue to the center line of Humboldt Parkway; thence southeasterly along the center line of Humboldt Parkway to the center line of Main Street; thence southwesterly along the center line of Main Street to the center line of West Delavan Avenue; thence westerly along the center line of West Delavan Avenue to the center line of Linwood Avenue; thence southerly along the center line of Linwood Avenue to the center line of West Utica Street; thence easterly along the center line of West Utica Street to the center line of Main Street; thence southerly along the center line of Main Street to the center line of Summer Street; thence westerly along the center line of Summer Street to the center line of Delaware Avenue; thence southerly along the center line of Delaware Avenue to the center line of North Street; thence westerly along the center line of North Street to the center line of Elmwood Avenue; thence northerly along the center line of Elmwood Avenue to the center line of Great Arrow Avenue; thence easterly along the center line of Great Arrow Avenue to the center line of Delaware Avenue; thence northerly along the center line of Delaware Avenue to the center line of Hartwell Road; thence westerly along the center line of Hartwell Road to the center line of Camden Avenue; thence northerly along the center line of Camden Avenue and its northerly extension to the center line of the right-of-way of the former Erie Railroad; thence westerly along the center line of the right-of-way of the former Erie Railroad to the center line of Elmwood Avenue; thence northerly along the center line of Elmwood Avenue to the point or place of beginning. NORTH DISTRICT BEGINNING at the intersection of the center line of Kenmore Avenue which 'is the north line of the City of Buffalo and the center line of Elmwood Avenue; running thence southerly along the center line of Elmwood Avenue to the center line of the right-of-way of the former Erie Railroad; thence easterly along the center line of the right-of-way of the former Erie Railroad to its intersection with the northerly extension of the center line of Camden Avenue; thence southerly along the center line of Camden Avenue and its extension to the center line of Hartwell Road; thence easterly along the center line of Hartwell Road to the center line of Delaware Avenue; thence southerly along the center line of Delaware Avenue to the center line of Great Arrow Avenue; thence westerly along the center line of Great Arrow Avenue to the center line of Elmwood Avenue; thence southerly along the center line of Elmwood Avenue to the center line of Lafayette Avenue; thence westerly along the center line of Lafayette Avenue to the center line of Baynes Street; thence northerly along the center line of Baynes Street to the center line of West Delavan Avenue; thence westerly along the center line of West Delavan Avenue and its westerly extension across Squaw Island to the west line of the City of Buffalo; thence northerly along the west line of the City of Buffalo to its intersection with the southwesterly extension of the center line of Vulcan Street; thence northeasterly along the center line of Vulcan Street, which is the northwesterly line of the City of Buffalo to its intersection with the center line of Kenmore Avenue; thence southeasterly along the center line of Kenmore Avenue and its extension to the center line of Kenmore Avenue; thence easterly along the center line of Kenmore Avenue to the point or place of beginning. No. 4 PITTS MAP In the absence of local law Intro 115, which has not been prepared as of this date, Mr. Pitts submitted a map (attached) depicting his Plan 12 for consideration by the Council. The Council accepted this map to allow for a discussion of his proposal. Mr. Fahey now moved to receive and file the item. ADOPTED. AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-7 NOES- ARTHUR, BELL, PITTS-3. No. 5 DISCHARGE THE COMMITTEE OF THE WHOLE L.L.INTRO # 6- HISPANIC PLAN (12 5/7/91) L.L.INTRO # 7- PITTS PLAN (13 5/7/91) L.L.INTRO # 8- COMMISSION PLAN (14 5/7/91) Mr. Fahey moved to discharge the Committee of the whole from consideration of the above items. Seconded by Mr. Bell. CARRIED. No. 6 Mr. Fahey now moved that the following items are hereby received and filed. L.L.INTRO 1 6- HISPANIC PLAN (12 5/7/91) L.L.INTRO 1 7- PITTS PLAN (13 5/7/91) L.L.INTRO 1 8- COMMISSION PLAN (14 5/7/91) Seconded by Mr. Franczyk. ADOPTED. No. 7 DISCHARGE THE COMMITTEE OF THE WH0LE CIT. COMMISSION FINAL REPORT (196 4/30/91) COMMISSION MINORITY REPORT (190 5/14/91) MINUTES OF COMMISSION MEETINGS (191 5/14/91) HISPANIC TASK FORCE PROPOSAL (195 4/30/91) J. PITTS REAPPORTIONMENT PROPOSAL (197 4/30/91) COPPOLA AMENDMENT TO COMM. REPORT (192 5/14/91) REPUBLICAN COMMITTEE PLAN (1103 5/14/91) Mr. Fahey moved to discharge the Committee of the Whole from consideration of the above items. Seconded by Mrs. LoTempio. CARRIED. No. 8 Mr. Fahey now moved to receive and file the following items: CIT. COMMISSION FINAL REPORT (196 4/30/91) COMMISSION MINORITY REPORT (190 5/14/91) MINUTES OF COMMISSION MEETINGS (191 5/14/91) HISPANIC TASK FORCE PROPOSAL (195 4/30/91) J. PITTS REAPPORTIONMENT PROPOSAL (197 4/30/91) COPPOLA AMENDMENT TO COMM. REPORT (192 5/14/91) REPUBLICAN COMMITTEE PLAN (1103 5/14/91) Seconded by Mr. Franczyk. ADOPTED. AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-7 NOES- ARTHUR, BELL, PITTS-3. No. 9 DISCHARGE THE COMMITTEE ON LEGISLATION LOCAL LAW INTRO #12- COMMISSION PLAN "B" ITEM NO. 198, C.C.P. 5/14/91) Mr. Fahey moved to discharge the Committee on Legislation from consideration of the above item. Seconded by Mr. Franczyk. CARRIED. No. 10 Mr. Fahey now moved to approve the following item: LOCAL LAW INTRO 112- COMMISSION PLAN "B" ITEM NO. 198, C.C.P. 5/14/91) Seconded by Mr. Perla. PASSED. AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-7 NOES- ARTHUR, BELL, PITTS-3. No. 11 At 11:54 A.M. Mr. Fahey moved to adjourn. Seconded by Mr. Perla. Charles L. Michaux III City Clerk