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HomeMy WebLinkAbout91-0611 1No.12 Common Council Proceedings of the City of Buffalo Regular Meeting, June 11, 1991 Special Session, June 20, 1991 MAYOR Hon. James D. Griffin COMPTROLLER JOEL A. GIAMBRA COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PROTEMPORE 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, June 11, 1991 at 2:00 P.M. PRESENT - George K. Arthur, President of the Council, and Council Members Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Rutecki - 13. ABSENT - Amos- 1. On a motion by Mr. Fahey, seconded by Mr. ,the minutes of the stated meeting held on May 28, 1991, and the special meetings held on May 31st, June 3rd, and June 10th, 1991, were approved. FROM THE MAYOR No.1 Veto Message Transfer of Properties Buell Street and Humboldt Parkway Though the above item directs the transfer of municipal property at a specific price, I am nonetheless compelled to veto it because such transfer was apparently not authorized as provided for in Article 27 of the City Charter, that is, neither by appraisal nor by bid at public auction; nor for development or redevelopment. Mr. Fahey moved to Override the Mayor's Veto of Item No. 221, C.C.P., May 28, 1991- women for Human Rights and Dignity Inc.- Transfer Properties on Buell and Humboldt. REPASSED AYES-12 NOES-0. No.2 Veto Message Neighbors to Keep Forest on Forest [Item No. 241, C.C.P., May 28, 1991] The above item calls for the designation of Forest Avenue from Rees Street to Lincoln Parkway as a park approach. The record before Your Honorable Body does not establish the public purpose relating to the regulation of parklands which would be served by such designation. In fact, the record fails to show any public purpose for the designation, other than to avoid requirements found elsewhere in the City Code. For the forgoing reasons I am compelled to veto the item. Mr. Fahey moved to Override the Mayor's Veto of Item No. 241, C.C.P., May 28, 1991- Designate Forest- Rees to Lincoln as a Park Approach. REPASSED AYES-12 NOES- 0. No.3 Council Reapportionment Commission Plan "B" Item #10, C.C.P. May 24, 1991 As you know, the above referenced legislation has been referred to this office for my review and disposition. I am signing the legislation approved by the Council, for a number of reasons. First and most importantly under the New York State Constitution, reapportionment is the responsibility of local legislative bodies, in this case the Common Council. Since a majority of the Council has approved Commission Plan "B", and the plan basically maintains existing balances on the Council I find no compelling reason to second guess the prerogative of the Council. Reapportionment is usually a difficult process. Regardless of the decision made, some group or individuals will be disappointed in the final plan. I know this from personal experience. In the early 1970's, while serving in the New York State Senate, my district was reapportioned into another Senatorial district, with an incumbent collegue. Although no plan can be all things to all people I find the pluses outweigh the minuses in the plan approved by the Council. RECEIVED AND FILED. AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 7 NOES- ARTHUR, BELL, COLLINS, COPPOLA, PITTS 5. No.4 Land and Water Conservation Fund Grant The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) recently announced the availability of $1,000,000 to acquire and develop outdoor recreation areas through the Fiscal Year 1991 Land and Water Conservation Fund (LWCF). The OPRHP has recommended that applicants seek amounts no greater than $150,000 to $250,000. The preliminary application deadline is May 31, 1991. We intend to apply for $236,500 from the LWCF for the purpose of purchasing a 49.5 acre parcel, commonly referred to as "Gallagher Beach," from the Niagara Frontier Transportation Authority. The LWCF grant will be matched by $236,500 in City or Community Development Block Grant funds. Upon acquisition. the City will advance development plans for site in accordance with the City's Draft Local Waterfront Revitalization Plan. We therefore request that your Honorable Body authorize the Mayor to submit a LWCF Preliminary Application to the OPRHP to enter into and execute project agreements for financial assistance, and to execute whatever other documents or take measures which are necessary to effectuate such financial assistance. We request your immediate action on this item given the preliminary application deadline. RECEIVED AND FILED No.5 's Report Local 264 Factfinder Attached please find the report issued by Factfinder Evelyn Hartman to resolve the contract dispute between the City of Buffalo and Local 264 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. In addition to the salary increases , this report recommends an increase in auto allowance, and the following new benefits: safety shoe allowance in-lieu of City provided safety shoes, tool allowance for Parking Meter Mechanics in-lieu of City provided tools, and the implementation of a deferred compensation plan. 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 $1,837,502 or 9.3 percent. In view of the financial problems now facing the City, it is evident that the Factfinder's recommendation 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 TO THE SPECIAL COMMITTEE TAYLOR LAW IMPASSE No.6 RENAME DELAWARE PARK CASINO AND PROMENADE - The William L. Marcy, Jr. Casino and Promenade Pursuant to Chapter 286 of the City Code of Buffalo, this communication formally requests the Common Council's consideration and approval in renaming the Delaware Park Casino and Promenade the William L. Marcy, Jr. Casino and Promenade. This request is made in honor of the late William L. Marcy, Jr., in recognition of the outstanding contributions he made to the City of Buffalo. At the time of his death on April 4, 1983, after a long battle with cancer, Bill Marcy was serving his third term as Delaware District Councilman. While on the Council, Mr. Marcy championed many neighborhood and city-wide causes, including the restoration of Delaware Park Lake and the revitalization of Allentown. For those of us who had the great privilege of working with Bill Marcy, he will always be remembered as a devoted public servant who loved Buffalo. Before his service on the Common Council, Mr. Marcy was a stockbroker and representative with Merrill, Lynch, Pierce, Fenner and Smith from 1960 until 1964, with Loeb and Rhoades from 1967 until 1971 and was an Investment Securities agent with Daly & Company. He also served on a number of community boards and interests, including: Children's Hospital, Studio Arena Theatre, the Buffalo and Erie County Historical Society , the American Diabetes Association, the Buffalo Philharmonic Orchestra, the Chamber of Commerce, the Zoological Society, the Albright-Knox Art Gallery and the City Mission Society to mention a few. Mr. Marcy graduated from Nichols High School, Colgate University and Albany Law School. In addition to his service, this request will also recognize the contributions made by Bill Marcy's family, including his wife Katherine , son Bill IV and daughter Carrie Eagen. For all these reasons, and many more, I believe this request is not only fitting but long overdue. Your favorable consideration in this matter will be appreciated. LAID ON THE TABLE FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No.7 D. Lewis - Request to place sidewalk cafe in right-of-way at 177 Hodge Street Item No. 111, C.C.P., May 14, 1991 The City Planning Board at its regular meeting held Tuesday, June 4, 1991 considered the above request pursuant to Section 413-59 of the Buffalo Code, Review of Sidewalk Cafes. The Planning Board voted to receive and file the item captioned above in that Your Honorable Body has already approved the matter at your meeting of May 28, 1991. RECEIVED AND FILED No.8 C. Morreale - Request to place a sidewalk cafe in right-of-way at 1220 Hertel Avenue. Item No. 114. C.C.P., May 14. 1991. The City Planning Board at its regular meeting held Tuesday, June 4. 1991 considered the above matter pursuant to Sections 413-59 and 511-59 of the Buffalo Coded Review of Sidewalk Cafes and Provisions of the Hertel Avenue Special Zoning District. The Planning Board voted to receive and file the proposed cafe since Your Honorable Council has already approved it at your meeting of May 28, 1991. RECEIVED AND FILED No.9 T. Lombardo - Application to expand an existing restaurant with an outdoor cafe at 1198 Hertel Avenue. Item No. 91. C.C.P.. May 28, 1991 The City Planning Board at its regular meeting held Tuesday, June 4, 1991 considered the above application pursuant to Section 511-59 of the Buffalo Code, Hertel Avenue Special Zoning District. The applicant seeks to place an outdoor cafe measuring 20 feet by 30 feet, or 600 square feet, entirely on private property in the front of his existing restaurant. The proposed cafe area will be delineated by flower boxes and a chain perimeter treatment. The site is located in the Hertel Avenue District which considers the expansion of restaurants to be a restricted use requiring council approval. Under S.E.Q.R.. the proposed cafe is an unlisted action which may be studied through uncoordinated review. Four additional off-street parking spaces are suggested by the code. The applicant currently has an accessory parking area which can accommodate this number. The Planning Board voted to approve the proposed cafe with the following conditions: 1. that it be opened no later than 11:00 pm. daily, 2. that no music be played in the cafe area, and 3. that no trash receptacles be placed in the cafe area. RECEIVED AND FILED No.10 R. Meyers - Application to convert an existing store into a sit-in restaurant. 3204 Bailey Avenue Item No. 92, C.C.P., May 28, 1991 The City Planning Board at its regular meeting held Tuesday, June 4, 1991 considered the above application pursuant to Section 511-65 of the Buffalo Code, Kensington-Bailey Special Zoning District (K.B.). The applicant seeks to convert an existing vacant store consisting of 1680 square feet into a sit-in restaurant with accessory signage. The site is located in the K.B. zone which considers restaurants to be restricted uses requiring the approval of Your Honorable Body. Eleven off-street parking spaces are suggested. The applicant has indicated that a four-car accessory parking lot exists behind the proposed restaurant and that there is public parking within 1000 feet of the site. Lastly, under S.E.Q.R., the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed restaurant with an accessory sign which conforms to the signage requirements of the K.B. district. RECEIVED AND FILED No.11 J. O'Brien - Request to place a sidewalk cafe and awning in the right-of way of Tremont Ave. at the corner of 443 Forest Ave.. Item No. 93, C.C.P., May 28, 1991 The City Planning Board at its regular meeting held Tuesday, June 4a 1991 considered the above request pursuant to Section 413-59 of the Buffalo Code, Review of Sidewalk Cafes. The applicant seeks to place an 8-table sidewalk cafe in the right-of way of Tremont Avenue (corner of Forest). The cafe will be delineated by flower boxes and chains. The right-of-way of Tremont Avenue, where the cafe will be placed, is 60 feet with a 30-foot pavement width. The cafe, which will measure 40 feet in length, will encroach 9 feet into the right-of-way. The sidewalk width from the curb line to the building wall is 15 feet, leaving 6 feet of unobstructed sidewalk. No public appurtenances will be affected by the proposed cafe. Under S.E.Q.R., the proposed cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed cafe with the following conditions: 1. that the cafe not be opened past 11:00 pm. daily, 2. that no music be played in the cafe area, and 3. that no trash receptacles be placed in the cafe area. RECEIVED AND FILED No.12 A. Panzarella - Application to use 1849 Seneca Street for a contractor's storage yard. Item No. 94, C.C.P., May 28, 1991 The City Planning Board at its regular meeting held Tuesday, June 4, 1991 considered the above application pursuant to Section 511-64 of the Buffalo Code, Seneca Street Special Zoning District (5.5.) The applicant seeks to use a vacant lot near the corner of Hammerschmidt Avenue for a contractor's storage yard. The Planning Board voted to deny the application on the grounds that contractors' storage yards are not permitted in either the 5.5. zone or the CI zone which underlies it. Only the Zoning Board of Appeals may grant relief to the applicant for this use. RECEIVED AND FILED. No.13 M. Foreman - Request to use vacant lot for off-street parking at 48 College Street. Item No. 96, C.C.P., May 28, 1991 The City Planning Board at its regular meeting held Tuesday, June 4, 1991 considered the above application pursuant to Section 511-99 of the Buffalo Code, Community Parking Areas in "R" Districts. The applicant seeks to use the front portion of a vacant lot to park three vehicles. The balance of the lot, the rear portion, has been sold to an adjacent neighbor who plans to plant a garden. The proposed off-street parking will be accessory to the applicant's residence which lies across the street from the proposed parking area at 48 College Street. The site is located in an "R3" zone which permits such parking facilities but only upon the approval of Your Honorable Body. The proposed parking facility will be set back behind the established front yard of College Street, pursuant to Section 511-99 of the Buffalo Code. The front yard setback will be enhanced by a raised planter with appropriate vegetation. It should also be noted that two mature trees in the right-of-way will not be affected by the proposed lot. The site is also located in the Allentown Preservation District and has been reviewed by the Buffalo Preservation Board . On May 30, 1991, the Preservation Board granted a Certificate of Exception for the lot. In this vein, it should be noted that under S.E.Q.R., the proposed lot is considered a Type I action. The Buffalo Preservation Board, as lead agency for the proposed lot, has prepared a negative declaration for it. Given this, the Planning Board voted to approve the lot as presented. RECEIVED AND FILED No.14 J. Lory - Application to build encroaching portions of the facade of 358 Delaware Ave. into the right-of-way. Item No. 95, C.C.P., May 28, 1991 The City Planning Board at its regular meeting held Tuesday, June 4, 1991 considered the request pursuant to Section 413-56 of the Buffalo Code, Permanent Encroachments in the right-of-way. The applicant seeks to place and repair the existing facade of the masonry building at the northwest corner of the intersection of Delaware Avenue and West Tupper Street. The facade replacement involves the encroachment of approximately 1/2 to 2 inches of the new building facade in the right-of-way of Tupper Street and Delaware Avenue. Under S.E.Q.R., the matter is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed facade encroachment. RECEIVED AND FILED . FROM THE BOARD OF PARKING No.15 Inspect Downtown Parking Ramps Item No. 212, CCP April 30, 1991 Pursuant to the above-stated item, the City has expended over $42 million over the past five years in the reconstruction and the demolition and replacement of two of its' parking ramps. The ramps had all been fully inspected before and after their repairs, and they have all been inspected within the last year. The Parking Board is considering its' bi-annual inspection to take place this fall or winter to be conducted by a professional engineer. The Parking Board would recommend that the Ordinances be changed to include private garages to be licensed within the City of Buffalo. The ordinance should include the requirement that each private garage submit, every two years, a written stamped report by a New York State licensed professional engineer attesting to the structural safety of the facility. Further, that the garages be required to provide the City of Buffalo with a certificate of insurance evidencing at least $1,000,000.00 in liability insurance on said structure. REFERRED TO THE COMMlTTEE ON LEGISLATION FROM THE COMPTROLLER No.16 Balance Sheets and Supporting Schedules for the 6 month Period Ending December 31, 1990 I transit herewith various balance sheets and statements for November and December, 1990 showing the condition of all funds and accounts for the six months ending December 31, 1990. RECEIVED AND FILED. No.17 Use of Sewer Authority Surplus to Relieve Potential 1991-92 Budget Deficit No. 223, C.C.P. 5/28/91 Attached for your information is correspondence from the City's bond counsel in response to No. 223, C.C.P. 5/28/91. REFERRED TO THE COMMITTEE ON LEGISLATION No.18 Use Agreement 889 Kensington, SE W Corner of Northumberland The Office of the Comptroller, Division of Real Estate has received a request from Bailey-Kensington Kiwanis Club to use the above referenced City-owned land. They intend to use the property grounds for a "Family Fair". The consideration is $1.00 and will run for the period of August 5th to August 12th 1991. The Bailey-Kensington Kiwanis Club shall be solely responsible for the maintenance of the premises including keeping it free from debris, litter etc. They have submitted proof of insurance in the amount of $1,000,000. for bodily injury and $50,000. property damage. This Office recommends that your Honorable Body approve the use agreement for the period stated. MR. FAHEY moved: That the communication from the Office of the Comptroller, dated June 3, 1991, be received and filed; and That the Mayor be and he hereby is authorized to execute a Use Agreement for City-owned property at 889 Kensington Avenue with the Bailey-Kensington Kiwanis Club for the period of August S, 1991 to August 12, 1991, under the terms and conditions as contained in the Comptroller's correspondence dated June 3, 1991. PASSED. AYES-12 NOES-0. No.19 Investigate Title 136 Moselle Item # 184, C.C.P. 5/28/91 In the above referenced item Your Honorable Body has asked for a report from the Division of Real Estate on the status of 136 Moselle Street. Our investigation indicates that 136 MoselIe is a non existent number. However, the title to 134 Moselle, a vacant single family home, was transferred to the City of Buffalo 1/19/84, from the Secretary of Housing and Urban Development. The home is in very poor condition and is in need of demolition. Over the years a number of properties have been transferred to the City of Buffalo from H.U.D. for inclusion in the City's Urban Homestead Program. Those properties are managed by the Department of Community Development and are not part of the Division of Real Estate's Inventory. Mr. Donald Tolbert from Community Development has informed this office that the property has been placed on the demolition list and that there are title problems with 134 Moselle. I have informed him of the Council's concerns and have suggested that they file a report on the status of 134 Moselle. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No.20 Status of 402 Kenmore S. Tybor - Request to Purchase Your Honorable Body has requested a report from the Comptroller's Office, Division of Real Estate, regarding Mr. Stephen A. Tybor's request to purchase 402 Kenmore Avenue. Mr. Tybor intends to build a 4 - 6 unit apartment building for senior citizens at that location. The property at 402 Kenmore was acquired by the City of Buffalo in 1948 for a road widening project. The parcel has a 150' of frontage by an irregular depth of 111', an area of approximately 13,819 square feet. The City of Buffalo also owns property at 28 Seattle Street, a parcel 88' x 125', which abuts the rear Property line of 402 Kenmore. The City also owns parcels to the vest 404 - 406 Kenmore a parcel having a frontage of approximately 86' on Kenmore Avenue and the depth runs from Kenmore Avenue to Main Street. This property was acquired from Conrail for the construction of a new road. Our office received notification from the Commissioner of Community Development, on October 25, 1990, that 402 Kenmore Avenue is "zoned C2 and currently being study as part of the LaSalle Revitalization Area as designated March 3, 1987, C.C.P. #157. All the parcels within this site are to be withheld until the study is completed." Our file does not indicate whether we communicated to Mr. Tybor the aforementioned or whether Mr. Tybor had any further contact with this office since his letter of October 1990. As a result of the inquiries made at the Common Council Finance Committee meeting on June 4, 1991, attached is a communication and a copy of the map of the subject area received from Mr. Ron Mandell, Dept. of Public Works. The map shows the proposed street right-of- way. The proposed street right-of-way encompasses a portion of the property at 402 Kenmore Avenue. This office had communicated with Mr. Stephen Tybor, since the Finance Committee meeting of last Tuesday and has apprised him of the present situation. I'm sure Your Honorable Body will agree that there needs to be further discussion with Community Development and Public Works relative to the proposed street right-of-way before a decision is made to sell the property to Mr. Tybor. If Your Honorable Body approves of selling the property to Mr. Tybor, our records indicate that this is a capital asset and would have to be disposed of in accordance with Section 513 of the City Charter, Sale of Abandoned Real Property. REFERRED TO THE COMMITTEE ON FINANCE. No.21 Permission to Negotiate 63-65 Purdy, 100' S Glenwood Lot Size: 65' x 89' Assessed Valuation: Land:$ 5,800 Improvements: $11,800 Total: $17,600 The Office of the Comptroller, Division of Real Estate, has received a request from Rev. Robert E. Baines on behalf of the Zion Missionary Baptist Church of 179 E. Ferry Street, Buffalo, New York to purchase the above referenced property. Rev. Baines has indicated that the Church would like to purchase this garage so that they can park their Church bus in said premises. This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your Honorable Body the results of the negotiations. MR. FAHEY moved: That the communication from the Office of the Comptroller, dated June 4, 1991, be received and filed; and That the Comptroller be, and he hereby is, authorized to enter into negotiations with The Zion 'Missionary Baptist Church of 179 E. Ferry Street for the purchase of City property commonly known as 63-65 Purdy Street; and That the results of said negotiations be reported to this Honorable Body. ADOPTED No.22 Permission to Negotiate 366 Walnut, W 280' N Sycamore Lot Size: 30' x 106' Assessed Valuation: Land:$ 900 Improvements:$2,100 Total:$3,000 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Samuel Jackson, P.O. Box 872 Ellicott Street Station, Buffalo, New York 14205 and Mr. James Priester of 299 Walnut Street, Buffalo, New York 14204 to purchase the above referenced property. Mr. Jackson and Mr. Priester would like to purchase this property, in order to rehabilitate and reside there. They have provided a renovation plan and proof of financial ability to purchase and will complete repairs within six months after purchase. 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 June 3, 1991, be received and filed; and That the Comptroller be, and he hereby is, authorized to enter into negotiations with Messrs. Samuel Jackson and James Priester for the purchase of City property commonly known as 366 Walnut Street; and That the results of said negotiations be reported to this Honorable Body. ADOPTED No.23 Permission to Negotiate 328 Winslow, N 374' W Fillmore Lot Size: 30' x 103' Assessed Valuation: $800 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Tavil Land, Sr. of 330 Winslow, Buffalo, New York 14211 to purchase the above referenced property. Mr. Land would like to purchase this property, in order to beautify, fence in and use for recreational purposes. The Department of Community Development and the Dept. of Inspections and Community Revitalization 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 29, 1991, be received and filed; and That the Comptroller be, and he hereby is, authorized to enter into negotiations with Tavil Land, Sr. for the purchase of City property commonly known as 328 Winslow; and That the results of said negotiations be reported to this Honorable Body. ADOPTED FROM THE COMMISSIONER OF PUBLIC WORKS No.24 Extend Time of Contract New Recycled Rubber Tile Floor Tim Burvid Memorial Ice Rink Cazenovia Park Buffalo, New York In accordance with the terms of the contract between the City of Buffalo and Vulcan Floors, Inc. C-9l598200, the work should have been completed by February 24, 1991. Due to a delay in the delivery of materials on this project this contractor could not complete their work on time. This is the first extension of time on this project. I have granted an extension of time to April 30, 1991 to Vulcan Floors, Inc. to complete the work of their contract. RECEIVED AND FILED No.25 Monthly Report Licenses Issued May 1991 I am respectfully submitting the enclosed report of licenses issued in the month of May 1991 by the Division of License. RECEIVED AND FILED No.26 Notification Serial #8193 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 EFFECT. DIRECTION PROHIBITION OF PERIOD OF TIME WILLIAM ST. CENTRAL AVE. 3PM - 6PM Eastbound NO LEFT TURN Notification Serial #8194 NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby' notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 of Section 15 of Chapter 479 of Ordinances of the City' of Buffalo be supplemented by repealing thereto the following: NO PARKING- REPEAL PROHIBITED PORTION OF PROHIBITED HIGHWAY LOCATION HIGHWAY LOCATION MASSACHUSETTS AVENUE BETWEEN BUSTI AND SEVENTH RECEIVED AND FILED. No.27 Recra Environmental Investigation I have declared an emergency for Phase II Environmental Investigation at 1205 South Park Avenue, Buffalo, NY 14220. There is a tame constraint for the acquisition of the property at 1205 South Park that was negotiated between the Corporation Councils Office and LTD Inc. (owners of the property) . Therefore, immediate Phase II Environmental investigation is necessary to expedite purchase of property to implement the aforementioned agreement of purchase, and to comply with State Law. Therefore I have issued a contract to Recra Environmental Inc., 10 Hazelwood Drive, Amherst NY 14228 to do Phase II Environmental Investigation at a cost of $12,870.00. Funds for this project are available in 200-401-090-00-000. RECEIVED AND FILED. No.28 Report of Bids - Heater/Scarifying of City Pavements 1991-1992 This is to advise your Honorable Body that I have advertised and received bids on May 29, 1991 for Heater/Scarifying of City Pavements 1991-1992. 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: Highway Rehabilitation Corp.$645,750.00 (LOW) National Asphalt Heat Treating, Inc.$679,550.00 I hereby certify that the lowest responsible bidder for the above project is Highway Rehabilitation Corp., the cost thereof to be charged to the O&M Account #l00-40l-0l4-00-56l in an amount not to exceed $645,750.00. The engineer's estimate for this work is $620,000.00. The attached is certified to be a true and correct statement of the two 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 July 13, 1991. Individual bid Submissions are available in our office for inspection and copies are available upon request. This communication is for informational purposes only. RECEIVED AND FILED No.29 REPORT OF BIDS - THE CONSTRUCTION OF SIDEWALKS 1991-1992 This is to advise Your Honorable Body that I have advertised and received bids on May 29, 1991 for the Construction of Sidewalks, 1991-1992. 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: l. Campobello Construction Co., Inc. $246,675.00 (low) 2. Cemulini-Pecoraro Const. Corp. $258,975.00 3. Mazzini Constr. Co., Inc. $264,906.25 4. M. Passucci General Const., Inc. $280,300.00 amount bid $279,400.00 adjusted amount 5. M.P.J. Contracting, Inc. $272,150.00 amount bid $287,150.00 adjusted amount 6. Master's Edge, Inc. $289,125.00 7. Sunshine Concrete Co., Inc. $318,675.00 8. Tri-Star Const. Co. $327,425.00 amount bid $332,825.00 adjusted amount 9. Christopher Const. Co. $334,650.00 I hereby certify that the lowest responsible bidder for the above project is the Campobello Construction Co., with their bid of $246,675.00 the cost thereof to be charged to account #10O-40l-014-OO-561 in an amount not to exceed $280.000.00. The engineers estimate for this work is $300,000.00 The attached is certified to be a true and correct statement of the two 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 July 13, 1991. Individual bid submissions are available in our office for inspection and copies are available upon request. Attached herewith is a tentative list of streets that have been selected for sidewalk replacement work during the 1991-1992 construction season. This communication is for informational purposes only. RECEIVED AND FILED No.30 Change in Contract Reconstruction Various Fire Stations Buffalo, New York I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Various Fire Stations, Buffalo, New York, Ajax-Smith, Inc. C-91548700: l. Install wood plynth trim at the corner of 146 window sills in Ladder #11, Engine 34/Ladder 14 and Engine 33, 34 and 35. ADD$10,444.00 The original window openings are larger than the original windows. This was not evident until the former windows were removed. The wood plynths allow for the re-use of the wood trim. The plynths will meet or exceed the width of the adjoining trim and be carved or routed to match existing trim. The foregoing change results in a net increase in the contract of Ten Thousand Four Hundred forty-four and 00/lOO Dollars ($10,444.00). Summary Original Amount of Contract $175,812.00 Amount of this Change (No. 2) ADD10,444.00 Revised Amount of Contract $186,256.00 This change could not be foreseen at the time contract was let. Cost have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in CPF 200-402-517 - Division of Buildings. I recommend that Your Honorable Body issue a change order to the contractor as set forth above. MR.FAHEY moved: That the communication from the Commissioner of Public Works, dated May 21, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Ajax-Smith, Inc., in the amount of $10,444.00 for additional work under the contract for the reconstruction of various fire stations, with said cost to be charged against CPF 200-402-517-Division of Buildings. PASSED. AYES-12 NOES-0. No.31 Change in Contract, Change Order #l Rehabilitation of the Ohio Street Lift Bridge Ferguson Electric Supply Co. Contract #91594400 I hereby submit to Your Honorable Body, the following change in the contract for the above named project: 1. Replacement of lubrication oil for gearboxes was needed after brakes were replaced. Lump Sum-$ 1,210.00 2. During construction it was determined that pedestrian alarm bells had malfunctioned. Two (2) alarm bells to warn pedestrians of imminent gate lowering and raising were needed. Lump Sum-$ 870.00 3. Two (2) pier warning lights were also found to be defective and needed replacement. Lump Sum-$ 955.00 4. Four (4) electronic flasher modules, to control flashing of traffic lights, were needed to interface with the programmable logic controller. Lump -$ 1,060.00 5. Due to its age the north yielding barrier was damaged during start up procedures. The following is breakdown of work required to repair: Mechanical Inspection $ 1,584.00 - Replacement of existing gearbox. with new link-belt gear box $ 3,558.50 Replacement of guide roller bearings$ 2,385.00 6. During bridge start-up it was discovered that differential seating of the bridge comers occurred during hot weather. Software changes were needed to accommodate this differential seating. Lump Sum-$931.00 7. Additional hardware and software was needed to allow for horn operation during an emergency shutdown. Lump Sum$ 565.00 8. Two (2) electric heaters were stalled in the vicinity of the variable frequency drives to keep sensitive electrical equipment from being damaged by the cold. Lump Sum-$ 2,766.00 9. New photocell was installed to replace old photocell of roadway lights. Lump -Sum$ 605.00 10. Heating contactors were deleted from contract work when branch circuiting was deducted from contract. New heating contactors were needed to re-feed the existing heaters. Lump Sum- $ 5,319.00 11. Three (3) new windows for operators house purchased under the structural contract were not installed to accommodate removal and installation of electrical equipment Windows were installed under this contract. Lump Sum-$ 1,266.00 12. Wiring was downsized at various locations to accommodate existing openings. Lump Sum Credit$(9,956.OO) 13. Credit for unused utility allowance $(3,15O.OO) 14. Credit for salvage of four (4) D.C. mill motors $(2,700.OO) TOTAL $7,268.50 The second low bidder for this contract was Nichter Associates in the base bid -aunt of $1,368,000.00. I respectfulIy certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Ferguson Electric -Supply Co. Funds for this additional work are available in the Division of Engineering Bond Fund Account 535 and Capital Project Fund 023. MR. FAHEY moved: That the communication from Acting City Engineer, dated May 31, 1991, be received and filed; That the Commissioner of Public Works, and he hereby is, authorized to issue a change order to Ferguson Electrical Supply Co., in the amount of $7,268.50' for additional work under the contract for the rehabilitation of the Ohio Street Lift Bridge, with said cost to be charged against Bond Fund Account No. 535-Division of Engineering and Capital Project Fund 023. PASSED. AYES-12 NOES-0. No.32 Change in Contract - Change Order #3 South Park - Tifft to Colgate - Gr. #314 Contract #91552600 - Omer Constr. Co., Inc. Item No. 30, C.C.P. 12/26/90 I hereby submit to your Honorable Body the following change in contract for the above named project. The Dudley Branch Library located on South Park and Whitfield is in the process of being reconstructed. As part of this project and in conjunction with the South Park Avenue Reconstruction, the Division of Engineering has been asked to Pave the Library Parking Lot. Our contractor, Omer Construction Company, has submitted a cost estimate of $21,551. This estimate has been reviewed and recommended for acceptance by our consultant engineer, Tallamy, Van Kuren, Certis. Contract Summary: Original Contract Amount $1,357,999.00 Change Order #1 $1,883.00 Change Order #2 $ 4,846.90 Change Order #3 $21,551.00 New Total $1,386,279.90 Funds for this additional work are available in the Division of Engineering Bond Fund Account #200-401-527. MR. FAHEY moved: That the communication from the Commissioner of Public Works, dated June 6, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Omer Construction Co., Inc., in the amount of $21,551.00 for additional work under the contract for the Reconstruction of South Park Avenue, with said cost to be charged against Division of Engineering Bond Fund Account No. 200-404-527. PASSED. AYES-12 NOES-0. No.33 Assessment for Sidewalk Installation Work at 12 & 16 Arnold Street and 2268 Genesee Street This department was contacted by two property owners who received new sidewalks by the city last construction season and were recently billed for the work. On both occasions the two owners claimed they were not notified of the need for new sidewalks in front of their properties and were surprised by the bills they received. While this type of claim is not uncommon, a search of our records in these cases did not disclose copies of the standard notices the owners should have received leading us to believe they may not have been sent as alleged or they were simply lost. In fairness to these people, we ask Your Honorable Body to forgive these assessments because we cannot justify the fact they were ever notified in the proper manner thus depriving them the opportunity to make the repairs themselves. The amount in question and names of the owners are as follows: 12 & 16 Arnold Street - Alfonso Castellana & W. 12 Arnold - $209.50 16 Arnold - 141.29 $350.79 Total 2268 Genesee Street - Nicholas L. Oliveri - $509.12 The combined total of the properties - $859.91 MR. FAHEY moved: That the communication from the Commissioner of Public Works dated June 5, 1991 be received and filed; and That the Commissioner of Public Works be and he hereby is authorized to forgive sidewalk assessments to Alfonso Castellana & W. for 12 Arnold - $209.50 and 16 Arnold - $141.29; and to Nicholas L. Oliveri for 2268 Genesee Street - $509.12. PASSED. AYES-12 NOES-0. No.34 680 Hopkins Street Requests Permission to install fence within city right of way Mrs. Janet Faltisco, owner of the Property located at 680 Hopkins Street corner of Pembina Street, has requested permission to install a chain link fence which would encroach city right of way at said address. The proposed chain link fence would be installed between the public sidewalk and the existing building. The fence would measure 110 linear feet on Pembina Street and 33 Linear feet on Hopkins Street and measure 4 feet in height. The Department of Public Works has reviewed Mrs. FaItisco' s request pursuant to Chapter 413-67 (encroachment regulations of the City Ordinances and has no objection your Honorable Body authorizing the Commissioner of Public Works, to issue a "Mere License" for said installation provided the following conditions are met: l. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the fence be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the fence does not exceed four feet in height. 4. That the applicant be responsible for maintaining said fence as long as it remains within city right of way. 5. That the applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000) construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance use and removal of said fence. REFERRED TO THE COMMlTTEE ON LEGISLATION. No.35 ABANDONMENT OF WATERMAIN IN PIPER STREET Item No. 210, C.C.P. March 19, 1991 Your Honorable Body is proposing to abandon Piper Street and to convey Piper Street to Tops Market, Inc. There presently exists a dead-ended eight inch watermain in Piper Street. Inasmuch as this watermain only supplies one existing hydrant, I hereby recommend that this watermain be abandoned and disconnected fro: the ten inch watermain in Grant Street. If your Honorable Body so approves, it is requested that you make it a condition of sale to Tops Market, Inc. that they incur the costs of disconnecting the eight inch watermain in Piper Street from the ten inch watermain in Grant Street. The work will be performed by the Division of Water. MR.FAHEY moved: That the communication from the Commissioner of Public works dated May 3, 1991 be received and filed; and That the Commissioner of Public Works be and he hereby is authorized to abandon and disconnect an eight-inch watermain in Piper Street from the ten-inch watermain in Grant Street and that the costs and expenses for same be made a condition of sale to Tops Market, Inc. PASSED. AYES-13 NOES-0. No.36 Application for Solicitation of Funds Attached is an application for Solicitation of Funds for the South Buffalo Lions Club to solicit funds in the Buffalo area for the month of June 1991. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinance , I hereby refer this matter to your Honorable Body. MR. FAHEY moved: That the communication from the Commissioner of Public Works, dated May 28, 1991, be received and filed; and That the Commissioner of Public Works be, and hereby is, authorized to issue an exemption from the licensing requirement of Chapter 316, Article VI of the Buffalo Code for soliciting funds to the South Buffalo Lions Club. PASSED. AYES-12 NOES-0. No.37 Council Recommended Budget Fiscal Year 1991-1992 Division of Buildings I have reviewed the Council's Recommended 1990-91 Budget, with respect to the Division of Buildings, and would like to make the following points: 402-011: Inspection of Non-Public Plans & Structures 535: Membership, Dues & Periodicals -$415.00 The elimination of this account means that we cannot keep up with the national standards that are updated annually and are used as reference to the New York State Uniform Fire Prevention and Building Code. Our approval of Building Permits is dependent upon our having the most recent reference material. Delay in obtaining the reference material will delay the permit issuance and result in a delay in revenues for the City. 402-013: Licenses 301: Auto Allowance -$2,000.00 This account is used by the license inspectors, bingo inspectors, Director of Licenses and Administrative Assistant. A reduction from $6,000.00 to $4,000.00 means that less revenue will be coming in from the inspectors and administrators. Revenue has increased in this function only because they are out and doing their jobs. 583: Unclassified -$4,500.00 This account was added by the Budget Office pursuant to the Contract with Buffalo Place for reimbursement of 1/2 of the revenues generated from permits issued. Audit will not pay until an account is set up. 402-021: Administrative Services 304: Out of Town Transportation-$500.00 305: Meals & Lodging-$500.00 306: Registration Fees & Dues-$200.00 Elimination of these accounts means that we will be unable to attend solid waste and recycling conferences. Being on the cutting edge of recycling, each conference has resulted in our being able to come back with another approach or idea that saves us money. 320: Tolls -$2,000.00 This is. the account used to pay Canadian National Railroad for the use of the International Bridge. The account was increased by the Budget Office based upon our late request. Spending has increased for the use of the bridge due to the composting operation at Squaw Island. 449: Miscellaneous -$75,000.00 This account was to be used to purchase recycling containers to use at schools, hospitals and commercial accounts to reduce the waste disposal costs. It is required as our next step to meet DEC recycling goals. 550: Long Term Rental of Equipment -$64,000.00 The $264,000.00 amount recommended by the Mayor is for the lease of our 15 recycling vehicles. The lease is at $21,954.54 per month times 12 months = $263,454.48. Please restore the $64,000.00 cut. 402-022: Plan & Design of Public Buildings 301: Auto Allowance -$2,000.00 This account allows us to supervise the construction projects that we have underway. A lack of supervision will lead to certain contractors beginning to cut corners on projects and we will be seeing larger O & M repairs in future years. 402-031: Operation and Maintenance of Public Buildings 301: Auto Allowance -$2,400.00 This account funds the Supervisor of Maintenance and Principal Chief Stationary Engineers for use of their vehicles. The Supervisor of Maintenance inspects construction projects and the Principal Chiefs are making sure their staff report to various locations on time and deliver supplies needed at each site. 460: Building Materials-$5,000.00 464: Plumbing, Heating & Air Cond. Material-$5,000.00 521: Maintenance Contracts-Equip. & Mach.-$5,000.00 523: Repair to Equipment & Machinery-$50,000.00 560: Building Repairs & Alterations-$25,000.00 583: Unclassified-$10,000.00 These accounts are used to repair and maintain 160 different City buildings. When we need material to repair a facility, or when a contractor is called in to repair a roof or refrigeration unit at an ice rink, this is where the account is paid from. The unclassified was increased by the Budget Office due to a 6.7% increase in our City Court Cleaning Contract due to the recent increase in minimum wage. In summary, each of these cuts impairs our ability to maintain revenue, reduce expenses and/or maintain our buildings adequately. RECEIVED AND FILED No.38 COUNCIL RECOMMENDED BUDGET FISCAL YEAR 1991-1992 DIVISION OF WATER In order for your Honorable Body to make an intelligent decision regarding the proposed Council Recommendations, the following are my comments to your Council's recommended budget for the Division of Water for fiscal year 1991-1992: 012 - FILTRATION PLANT 221 - Electric, Light and Power Your Honorable Body approved $91,500 for the 1990-91 budget. As of this date an additional $2,500 is being reallocated into this account. It should be noted that three new pumping stations were put into operation as of November 1, 1990. It is anticipated that the minimum requirement of $100,000. will be necessary in order to operate. 223 - Gas Your Honorable Body approved $80,000 for this fiscal year. As of this date a transfer of funds is before your Honorable Body for an additional $10,000. It is therefore necessary for the $5,000 to be restored to this account. 423 - Chemicals On Saturday, June 1, 1991, the Division of Water began to prechlorinate the water due to the zebra 'mussel infestation just prior to the Pump Room. This will require approximately 1,000 lbs. of chlorine per day to be used at this location. Once the new chemical treatment extension line to the Intake is in place, it is anticipated that at least 2,000 lbs. of chlorine per day will be used at this injection point. It should be noted that this is additional chlorine use. Bids were opened on June 3rd by the Purchase Division and the following are the actual costs per ton for each of the chemicals required and the anticipated amount required for the potable water supply: 165 Tons of Polyaluminum chloride @ $920/ton $151,800. 294 Tons of Liquid Chlorine @ $163/ton $47,922. 260 Tons of Sodium Silicofluoride @ $570/ton $148,200. 45 Tons of Potassium Permanaganate @ $2668/ton $120,060. 60 Drums of Calcium Hypochlorite @ $89. 50/drum $5,370. Chemicals for laboratory testing 2,500. SUB-TOTAL 4725;852. Additional chemicals to treat zebra mussels: 200 Tons of Liquid Chlorine @ $163/ton 32,600. TOTAL 508,452. Please note that the price of liquid chlorine has gone down drastically due to a glut on the chlorine market. The City is presently paying $519.50/ton -vs- the $163/ton for next fiscal year. It should also be noted that the industry has indicated to us that they anticipate this condition to last approximately one year and that the price for chlorine wiII go up dramatically the following fiscal year. 560 - Building Repairs and Alterations It should be noted that the roof flashing on the west side of the filter galleries is hanging and has become loose due to the high winds. It is estimated that it will cost over $5,000 just to repair this one item. Additional funds will be required to maintain the building. 583 - Unclassified This line item is used to pay for SPDES Permit and funds are required to pump the backwash alum sludge to the Buffalo Sewer Authority. A transfer of funds is currently before your Honorable Body for an additional $95,000 in order to encumber the invoice that the Division of Water presently has from the Buffalo Sewer Authority for the sludge that was pumped to them during this fiscal year. The amount of $23,000 should be restored as it is anticipated that an additional amount will be required based on actual experience and volume of backwash water sludge being pumped to the Buffalo Sewer Authority. 013 - REPAIR AND INSTALLATION OF WATER METERS 463 - Machinery and Equipment Repair Material This line item is utilized to purchase meter repair parts for private meters. The Division of Water charges the customer the actual cost plus 40% plus labor to make repairs to private meters. Without the proper material repair parts, the Water Division will not be able to make repairs. This will affect the revenue line Item No. 31658 - Install and Repair of Meters which is presently estimated to be $55,000 for next fiscal year. A review of this line item will indicate that previously it was in the $20,000 range. 573 - Engineering and Technical Services It is recommended that your Honorable Body restore the $30,000 for this line item. The services under this contract require that all privately owned meters 3" or larger be checked to determine their accuracy. The American Water Works Association requires water meters 6 inches or larger to be tested at least once per year; those water meters 3 to 4 inches be tested at least once every 18 months. There are 587 private meters in the system. After completing two years of testing, we have found private water meters are testing to be in the range from 20 to 70 percent inaccurate which means that the Division of Water is losing money. After notifying the owners of the property that the meters must be repaired they are giving us orders to repair the meters which we do on a time and material basis. During the last 1 1/2 years, since the program has been in effect, there has been an increase in meter revenues of approximately $300,000. Once again, if the large water meters are not tested as stated by the AWWA, we will experience a reduction in meter revenues and also a reduction in repairs to water meters revenues. 014 - INTAKE PIERS, PUMPING STATION, TOWERS & TANKS 221 - Electric, Light and Power We respectfully request that the full amount of $299,800 be restored to this line item due to the fact that as of this date a transfer of funds is before your Honorable Body to increase the present appropriation of $2,678,261 by $238,000 as there presently are insufficient funds to pay for all of the electrical consumption for the month of June, 1991. 427 - Clothing and Uniforms It is requested that the $500 be restored for this line item as safety shoes and clothing allowance is mandated by Union contracts between the City of Buffalo and Locals 71-A and 264. 430 - Fuel for Heat and Power It is respectfully requested that the $750 be restored to this line item as this is used for No. 2 fuel oil for the' Massachusetts Station. 431 - Gas for Machinery and Equipment It is requested that $500 be restored to this line item. This line item is used to purchase lubricant for pumps at the Col. Ward and Massachusetts Pumping Stations. Our actual expenditures in the last three fiscal years exceeded your recommendation. 434 - Small Tools It is requested that $600 be restored to this line item. Union contracts require that tool allowance of $100/each be given to eleven employees in this function. 462 - Machinery and Equipment Repair Materials It is requested that $1000 be restored to this line item. Previous and current expenditures indicate that the $3000 originally provided for this item to be sufficient. It should be noted that the pumps and machinery in this building are old and require constant maintenance. 523 - Repairs to Equipment and Machinery It is requested that $2,000 be restored to this line item. The rotary on high lift pump No. 2 at the Colonel Ward Pumping Station is presently inoperable and it will require at least $6000 to repair this pump. It is anticipated that more than $10,000 will be required to repair many pieces of equipment in the Plants. 560 - Building Repair and Maintenance It is requested that $25,000 be restored to this line item to provide sufficient funds to recoat the roof of the Boiler Room and to provide sufficient funds to maintain both the Massachusetts and Colonel Ward Pumping Stations. Previous experience has indicated that this runs approximately $25,000 to $30,000 per year. The recoating of the roof will cost approximately $55,000. The roof is presently leaking and water is entering the Boiler Room thereby possibly causing damage to the equipment and rendering it inoperable. To insure the integrity of the structure and equipment in it, it is necessary to rehabilitate the roof. To replace the roof would cost over $300,000. 015 - DISTRIBUTION SYSTEM 461 - Road and Highway Materials It is requested that $80,000 be restored to this line item as everyday repair and maintenance material for the distribution system are purchased from this line item. With 783 miles of watermains requiring day to day repairs, it is necessary that gravel, valve boxes, pipes, hydrant nozzles, lead, repair clamps, taps and plugs be purchased. A review of this line item will indicate that the Division of Water has constantly expended $200,000 per year. Due to the current cut-back in this year's appropriation, the Division of Water is running very low on repair clamps which are necessary to repair watermain breaks. 462 - Machinery and Equipment Maintenance Materials It is requested that $4,000 be restored to this line item. All parts necessary to repair our air compressors and saws come from this account as well as costs for filling of propane oxygen and acetylene tanks. This equipment is necessary to make repairs to the water distribution system. 463 - Machinery and Equipment Repair Materials It is requested that $3,000 be restored to this line item. Due to the age of all the equipment, constant maintenance and repair is required. It should be noted that the equipment is getting older and is requiring additional parts to repair it. 464 - Electric and Electronic Supplies It is requested that $2,500 be restored to this line item. Normal expenditures for this line item runs over $3,000. 1989-90 actual expenditures were $3,471. Funds are required to purchase lantern batteries used by the Caulkers and special flood light bulbs that are explosion proof. These supplies are quite expensive and are required to provide light to facilitate watermain repairs. 561 - Road and Highway Repairs It is requested that $30,000 be restored to this line item. Due to cuts in the 1990-91 budget, no repairs to pavement, curbs and sidewalks that were damaged due to watermain and hydrant repairs were made. There are approximately 200 locations to be repaired. 583 - Unclassified It is requested that $30,000 be restored to this line item. This line item is used to dispose of street excavation material and is based on current and previous expenditures. During the last three months, $46,254.60 has been spent to dispose of street excavation material. 021 - ADMINISTRATIVE SERVICES 301 - Auto Allowance It is requested that $600 be restored to this account. The current expenditures in this account exceed $500 for the fiscal year with the month of June still remaining. This line item is used to reimburse the Director of Water for his expenses incurred while using his private vehicle to go to the Plants and job sites of watermain repairs and new construction projects. 401 - Printing and Duplicating It is requested that $300 be restored to this line item. Funds are required to purchase printing and duplicating supplies for copy machines in the Administrative and Billing offices. 031 - MECHANICAL SERVICES 460 - Building Materials It is requested that $3,000 be restored to this line item. This account is used to purchase materials to make repairs to Ward Station, Massachusetts Station, Service Center, Filtration Plant and five Barracks. 465 - Plumbing, Heat and Air Conditioning Material It is requested that $4,000 be restored to this line item. This line item is used to purchase pipe and fittings to repair steam lines in the Division of Water. Based on current and previous expenditures and the age of the equipment, the $500 is required to maintain the integrity of the plumbing and heating system. 560 - Building Repairs and Alterations It is requested that $5,500 be restored to this line item. Based on normal repairs to the Massachusetts Avenue Station, Towers, Tanks, Ward Station and Barracks the full amount will be required. 032 - SERVICING AUTOMOTIVE EQUIPMENT 462 - Machinery and Equipment Maintenance Material It is requested that $600 be restored to this line item. This line item is used to repair machinery and equipment in the Service Center Garage. Based on previous expenditures and age of current equipment, the full amount will be required. 464 - Electric and Electronic Supplies It is requested that $100 be restored to this line item. Based on previous and current costs for normal operation, it is necessary to replace light bulbs used by the Mechanics to provide sufficient light while working on vehicles. 501 - Auto Body Repairs It is requested that $2,000 be restored to this line item. Based on current and previous expenditures and the current condition of the vehicles, it will be necessary to repair the vehicle bodies in order to extend their service life. 503 - Auto Transmission Service It is requested that $2,000 be restored to this line item. It normally costs approximately $800 to repair 8 transmission on a large service vehicle. From past experience, insufficient funds are being allocated to repair transmissions as we are experiencing constant breakdowns with the existing equipment. 504 - Automotive - Other Services It is requested that $1,000 be restored to this line item. Based on current and previous expenditures to repair radiators, heating coils and windows, it will be necessary to increase this line item. 535 - Membership Dues and Periodicals It is requested that $200 be restored to this line item. This line item is used to provide manuals for vehicle repairs. As new vehicles are purchased and repairs made on vehicles, manuals are required to assist the Mechanics in professional repairs. New 1991 vehicles have been ordered and manuals will be required. to assist in servicing them. CAPITAL OUTLAY 960 SPECIAL STRUCTURES AND FIND EQUIPMENT Water Meters and Remote Registers It is requested that $50,000 be restored to this line item. The American Water Works Association recommends that water meters be replaced every ten years as they begin to lose their accuracy. Inasmuch as the water meter is the cash register for the system, it is necessary that old water meters be replaced with new meters. City Ordinance also mandates that the City provide water meters up to two inches in size. As meters are damaged and become old they must be replaced. City Ordinance also requires all new construction be furnished with a meter. The cost of the meter is added to the tapping charge per Ordinance. In order to provide meters to those flat rate customers who wish to have meters installed, to maintain existing meters in the system and to provide meters to new customers, it is necessary that a minimum amount of $50,000 be provided. Valves It is requested that $50,000 be restored to this line item. The minimum amount of $50,000 will be required to repair those valves that break when they are operated to segregate leaks in the system. There are 22,000 valves in the distribution system and more than 80% are over one hundred years old. Needless to say, when they are operated, valves are broken where the nuts and bolts no longer hold and the bonnets explode. 980 - MACHINERY AND EQUIPMENT (IN BUILDING) Electrical Motor Controls - Grover Cleveland Tower It is requested that $65,000 be restored to this line item. The present motor control center at the Grover Cleveland Tower is 42 years old and obsolete. Parts are no longer available for repairs. This system automatically turns on and off when pressure drops dictate. This insures the operation of the tower to maintain a sufficient water pressure supply for domestic and fire protection use in the University Area of the City. If the system should fail, it will be necessary to have the station manned around the clock. It is absolutely necessary to restore these funds. Hot Water Tanks It is requested that $1,500 be restored to this line item. This line item provides funds to purchase one hot water tank for the Bailey Avenue Barracks. The present tank is leaking. This tank provides hot water for the showers used by the Caulkers to clean up after they come in off the street. Sump Pumps It is requested that $5,000 be restored to this line item. The present pumps are over 18 years old and parts are no longer available as they are obsolete. It is necessary that the full amount be allocated to replace these three (3) pumps which insure the protection of the equipment in the sub-basement of the Massachusetts Pumping Station. 981 - PASSENGER CARS AND OTHER VEHICLES It is requested that the full amount of $220,000 be restored to this line item in order to purchase repair crew trucks, compressors and backhoe vehicles. The justification for this line item can be found on Pages 5, 6 and 7 of the Supporting Schedule for Capital Outlay. Copy attached for your reference. 982 - OPERATING EQUIPMENT Backhoe It is requested that $52,000 be restored to this line item. Justification for this line item can be found on Page 8 of the Supporting Schedule for Capital Outlay. Copy attached for your reference. Gas Monitoring Unit It is requested that $10,000 be restored to this line item. Justification for this line item can be found on Page 10 of the Supporting Schedule for Capital Outlay. Copy attached for your reference. Hydraulic Saws It is requested that $6,000 be restored to this line item. Justification for this line item can be found on Page 10 of the Supporting Schedule for Capital Outlay. Copy attached for your reference. Rock Drills It is requested that $3,200 be restored to this line item. Justification for this line item can be found on Page 11 of the Supporting Schedule for Capital Outlay. Copy attached for your reference. Pipe Locators It is requested that $1,000 be restored to this line item. It is necessary to have pipe locations especially in the winter time when we are trying to locate valve boxes which are under snow. Chipping Hammers It is requested that $1,800 be restored to this line item. Justification for this line item can be found on Page 12 of the Supporting Schedule for Capital Outlay. Copy attached for your reference. Mechanical Seals It is requested that $11,000 be restored to this line item. Justification for this line item can be found on Page 14 of the Supporting Schedule for Capital Outlay. Copy attached for your reference. Hydraulic Pavement Breakers It is requested that $7,000 be restored to this line item. Justification for this line item can be found on Page 14 of the Supporting Schedule for Capital Outlay. Copy attached for your reference. If you have any need for further explanation and justification for the above requests, please do not hesitate to contact me. RECEIVED AND FILED No.39 Claim for wages for Sandra Ortolano, 20 Fairchild Place, Buffalo, NY 14216 Mrs. Ortolano was appointed to the Department of Public Works, Division of Engineering , as a Laborer I (Seasonal) at a rate of $5.98/hr. on May 24, 1991. Do to an oversight by this department , Mrs. Ortolano's Certificate of Appointment was not filed until Monday, June 3, 1991. Mrs. Ortolano started work in this department on Friday , May 24, 1991 and is due wages for the following dates and amounts indicated. Friday, May 24, 1991$47.84 Tuesday, May 28, 1991$47.84 Wednesday, May 29, 1991$47.84 Thursday , May 30, 1991$47.84 Friday , May 31, 1991$47.84 $239.20 MR.FAHEY moved: That the communication from the Commissioner of Public Works dated June 3, 1991 be received and filed; and That the Commissioner of Public Works be and he hereby is authorized to pay back wages to Sandra Ortolano in the amount of $239.40. PASSED. AYES-12 NOES-0. No.40 CERTIFICATE OF APPOINTMENT Appointment to become effective June 5, 1991, in the Department of Public Works, Division of Engineering, Jeni Wozniak 27 Lombard St., Buffalo, N.Y. 14206, to the position of Accountant, Temporary, at the starting salary of $25,650. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No.41 Mr. Arthur now left his seat in the Council Chambers FROM THE CORPORATION COUNSEL No.42 Rescind Sale of 1403-1413 Genesee Street Purchaser -V. J. R. Holdings, Inc. Item No. 119, C.C.P., May 8, 1990 By the above-mentioned item, Your Honorable Body authorized the sale of the premises briefly described as above to: V. J. R. Holdings, Inc. Ms. Veronica Graham, the President of v. J. R. Holdings, Inc., has not responded to communications from the Law Department to effect transfer of said property. Said officer of the corporation was properly informed regarding forfeiture of their four hundred and forty ($440) dollar deposit. Therefore, I request Your Honorable Body to authorize rescission of the sale, forfeiture of the deposit and return of the premises to inventory for future sale. Attached is an approving motion to accomplish this purpose. REFERRED TO THE COMMITTEE ON FINANCE No.43 Milton E. Schreier, Claim for Reimbursement for Sewer Repair Work, 63 Campbell Avenue, Buffalo, New York Item 1188, C.C .P., May 28, 1991 You have requested an opinion from this department concerning the referenced item. Please be advised that said item and supporting documentation have been forwarded to the General Manager of the Buffalo Sewer Authority per his request. We shall gladly supply you with an opinion after reviewing his report. REFERRED TO THE COMMITTEE ON FINANCE No.44 212 Hertel Avenue - Wholesale Junkyard New Licensee and Expansion of Junkyard Item No. 46, C.C.P., May 28, 1991 You have requested an opinion and/or recommendation from this office regarding an application for a new license to conduct and operate the business of a junkyard or junk dealer at an existing junkyard location and with respect to expansion of the existing junkyard. Please be advised that pursuant to Chapter 254 of the Ordinances of the City of Buffalo certain procedures are required as follows: l. Any person desiring to engage in either a retail or wholesale business of buying, selling, storing junk, etc., must first procure a license from the Director of Licenses who must refer the application to the Common Council "which shall consider the impact of such activity upon the environment, upon surrounding residential neighborhoods and upon other relevant factors such as noise, foul odors, traffic patterns. . and factors of public health, safety and welfare." 2. All such applications and any annual renewals are also required to be referred by the Director of Licenses to the Commissioner of Inspections and Community Revitalization, the Commissioner of Fire and the Commissioner of Police, all of whom are required to undertake inspections and investigations and promptly report to the Director of Licenses as to whether or not approval and issuance of the license is recommended; .and if not recommended, stating the reasons therefore. 3. "Any application for a license for a new location not previously licensed must first be submitted by the applicant to the Common Council and approved by it before any such application may be filed with the Director of Licenses. " (Sec. 254-9). This Department has not been supplied with any information from any of the above-mentioned Commissioners nor has this Department been advised how close to the proposed extended boundaries the nearest dwelling is located which is an important consideration with respect to requirements for proper enclosure or fencing requirements as provided under Sec. 254-Il. Considering that the applicant intends to expand the boundaries of the existing operation, compliance with the requirements of Sec. 254-Il as to location, enclosures, structures and buildings shall be certified, in writing, by the Director of New Construction to the Director of Licenses before any license may be issued, renewed, or reissued for any such business, and it is incumbent upon the applicant to furnish a plan showing the location and type of fence or other structure required by this section to the Director of New Construction. This Department has not been made aware that there has been compliance with these relevant Ordinance requirements. REFERRED TO THE COMMITTEE ON LEGISLATION No.45 Investigate possible Conflict of Interest Item No. 230, C.C.P., May 28, 1991 You have requested this department to review and comment on the following: the disclosure to be supplied by Stuart Alexander with respect to whether a legal and/or financial relationship exists or existed between Stuart Alexander and Associates and attorney Henry E. Wyman; all contracts between any agent of the City of Buffalo and Stuart Alexander and Associates. Please be advised that this department has not received any of the above documents; therefore, we are unable to comment at this time. However, once such documents are received, we shall conduct a comprehensive review and comment accordingly. REFERRED TO THE COMMlTTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No.46 Tops Markets - Application to place seven signs at 2131 Elmwood Item No. 116, C.C.P., May 14, 1991 Attached for your information is the Short Environmental Assessment Form for the project captioned above. MR. FAHEY moved: That the communication from the Commissioner of Community Development, dated May 24, 1991 be received and filed; and That Item No. 116, C.C.P., May 14, 1991 "Tops Markets-Application to place seven signs at 2131 Elmwood" 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); and 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.47 R. Meyers - Application to convert an existing store into a sit-in restaurant. 3204 Bailey Avenue Item No. 92, C.C.P., May 28, 1991 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 June 4, 1991 be received and filed; and That Item No. 92, C.C.P.., May 28, 1991, "R. Meyers-Application to convert an existing store into a sit-in restaurant" is an unlisted action as defined in & 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); and 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.48 J. O'Brien - Request to place a sidewalk cafe and awning in the right-of-way of Tremont Avenue at the corner of 443 Forest Avenue. Item No. 93, C.C.P., May 28, 1991 Attached for your information is the Short Environmental Assessment Form for the project captioned above. MR. FAHEY moved: That the communication from the Commissioner of Community Development, dated June 4, 1991 be received and filed; and That Item No. 93, C.C.P., May 28, 1991, "J. O'Brien-Request to place sidewalk cafe and awning in the right-of-way of Tremont Avenue at the corner of 443 Forest 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 1) and by the City Planning Board (Part II); and 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.49 J. Lory - Application to build encroaching portions of the facade of 358 Delaware Ave. into the right-of way. Item No. 95, C.C.P., May 28, 1991 Attached for your information is the Short Environmental Assessment Form for the project captioned above. MR. FAHEY moved: That the communication from the Commissioner of Community Development, dated June 4, 1991 be received and filed; and That Item No. 95, C.C.P., May 28, 1991, "J. Lory Application to build encroaching portions of the facade of 358 Delaware Avenue into right-of-way " 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); and 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.50 Change Order # 2 Electrical Construction East Clinton Senior Center I herewith submit to Your Honorable Body the following increase in contract for electrical construction work at the East Clinton Senior Center performed by Goodwin Electric Corporation, Contract # 91542900: Install (3) additional 20 amp circuits and outlets in kitchen area. ADD $452.00 These additional circuits were necessary to provide for proper operation of kitchen appliances associated with the meal program at the facility. The related costs have been reviewed by our department and the project consultant and are deemed to be fair and equitable. Funds for this work are available in Bond Fund # 200-717-040. A contract summary is as follows: Original Contract Sum$68,190.00 C.O. #17,005.00 Amount This Change - #2452.00 Revised Contract Amount$75,647.00 I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Goodwin Electric Corporation as set forth above. MR. FAHEY moved: That the communication from the Commissioner of Community Development dated June 6, 1991, be and the same hereby is received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order to the Goodwin Electric Corporation, in the amount of $452.00 for additional work under the contract for the East Clinton Senior Center, with said cost to be charged against Bond Fund #200-717-040. PASSED. AYES-11 NOES-0. FROM THE COMMISSIONER OF STREETS No.51 BUDGET The budget for the Streets Department proposed by the Council would greatly hamper the operations of this department. In the present budget we lost $180,000 in the vehicle repair line and did not receive all we needed in our Capital budget. This year our Capital budget recommended by the Council is $.O and our vehicle repair line has been cut from $200,000 to $50,000 and our salt line has been cut from $630,00 to $500,000. The Mayor recommended the $630,000 for salt after the vendors informed us that they will increase the price because of added taxes and fuel costs. I will do the best to maintain services the public expects but this may be a problem in light of the proposed budget. RECEIVED AND FlLED. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No.52 Authorization to submit 1991 Rental Rehabilitation Program Application As you know, each year the U.S. Department of Housing and Urban Development (N.O.D.) makes funding for the Rental Rehabilitation Program available to communities on a national basis. Cities are then required to submit applications to secure available funding. The City of Buffalo has received a 1991 Rental Rehabilitation funding commitment from H.U.D. in the amount of $343,000 and the application for these funds is due June 24, 1991 (see attached funding notice). Common Council authorization is required in order for Mayor James D. Griffin to apply for available funding and correspondingly, authorization for the submission of the 1991 Rental Rehabilitation Grant is hereby requested. 1991 Rental Rehabilitation funding will be administered by the Buffalo Urban Renewal Agency and funds will be disbursed to eligible projects through B.U.R.A.. Attached please find the following: - H.U.D.. funding notice 1991 R.R.P. - Rental Rehabilitation Program Description - Activity up-date of the Rental Rehab Program (5/29/91) listing final and on-going projects - Federal Register Notice of Funding Availability If I may be of any further assistance, please contact me at ext. 4913. MR. FAHEY moved: That the communication from the Commissioner of Inspections and Community Revitalization dated May 29, 1991 be received and filed; and That the Mayor be and he hereby is authorized to apply for available funding from H.U.D. for the 1991 Rental Rehabilitation Program and to submit the 1991 Rental Rehabilitation Grant to H.U.D. and to execute any and all other documents necessary therefor, said funds to be administered and disbursed to eligible projects through B.U.R.A. PASSED. AYES-11 NOES-0. No.53 Report of Emergency Demolitions Due to the very serious and hazardous condition of the properties 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 2l, 1991 and that the contracts will be awarded to the following responsible bidders: Address and Owner Contractor and Dollar Amount of Bid 276 Baraga Integrated Waste Special Services Highsmith Rogia 276 Baraga - Buffalo, NY 14210 $4951.00 193 Box Integrated Waste Special Services Bryant Davis and Mary Prophet $5514.00 191 Box - Buffalo, NY 14211 1209-Il Fillmore Integrated Waste Special Services James B. Robinson Jr. 46 Marshall - Buffalo, NY 14211 $21,399.00 233 Florida Ben and Daisy Rosenthal Integrated Waste Special Services 233 Florida - Buffalo, NY 14203 $7201.00 1533 Genesee Advanced Tree/ House Demolition William F. Lafferty 1533 Genesee - Buffalo NY 14211 $9155.00 805 Sycamore and Garage Integrated Waste Special Services Fly Holding Inc. C/O PRK Properties $17,700.00 2317 Main St. - Buffalo,NY 14214 2186 Bailey Integrated Waste Special Services Gregory Gumina 11 North Shore - Blasdell, NY 14219 $5972.00 1350 Broadway Integrated Waste Special Services David and Stefanie Schnittker $9064.00 4469 Tonawanda Creek Rd. North Tonawanda, NY 14120 185 Chester Integrated Waste Special Services Hazel Williams $3894.00 185 Chester - Buffalo,NY 14211 205 Chester Integrated Waste Special Services Ronald Gardner $3714.00 523 E. Ferry - Buffalo,NY 1279 E. Ferry Integrated Waste Special Services Henry and Deborah Hall $3236.00 511 Winspear - Buffalo, NY 354 Goodyear Integrated Waste Special Services Joelia Brice $4240.00 1060 Ellicott Sq. Bldg. Buffalo,NY 14202 30 Hollister Front and Rear Integrated Waste Special Services Gotham Capital Corp $8482.00 PO Box 10576 Rochester , New York 105 Landon Rear Integrated Waste Special Services John Grant $3978.00 1069 Ellicott - Buffalo, NY 197-201 Masten Integrated Waste Special Services Joyce E. Connor $13,904.00 336 East Loretta Stockton, California 308 Mortimer Rear Sable Contracting Jeannie Chambers $3700.00 133 Goulding - Buffalo, NY 32 Peckham Integrated Waste Special Services Adrianne Gaiter $7185.00 54 Freeman - Buffalo,NY 124 Peckham Integrated Waste Special Services Ernest and Rose Lykes $4504.00 178 Krettner - Buffalo, NY 181 Peckham Integrated Waste Special Services Mary C. Johnson $5869.00 181 Peckham - Buffalo, NY 873-875 Seneca Advanced Tree/ House Demolition Judy Gajewski $11,500.00 77 William - Buffalo, NY 1301 Sycamore Integrated Waste Special Services Thomas J. Miller $6396.00 171 Pryor - Tonawanda, NY 14150 121 Welker Advanced Tree/ House Demolition Johnny G. and Mary Ann Hatten $4400.00 46 Warren - Buffalo, NY 548 Wilson Advanced Tree/House Demolition Damali A. Bysshe $4494.00 588 E. Amherst Buffalo, NY 14215 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 #500-00O-002-0O0OO, 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 22, 1991, be received and filed; and That the award by the Commissioner of Inspection and Community Revitalization of emergency demolition contracts as listed below, be, and the same hereby are confirmed, ratified and approved, with said costs to be charged against Special Assessment Fund 1/500-000-002-00000, and that said costs be assessed against the properties benefitted and collected from the parties responsible under the provisions of Chapter XI, Article VII, of the Ordinances of the City of Buffalo. Address and Owner Contractor and Dollar Amount of Bids 276 Baraga Integrated Waste Special Services Highsmith Rogia $4,951.00 276 Baraga, Buffalo, NY 14210 193 Box Integrated Waste Special Services Bryant Davis and Mary Prophet $5,514.00 191 Box, Buffalo, NY 14211 1209-11 Fillmore Integrated Waste Special Services James B. Robinson, Jr. $21,399.00 46 Marshall, Buffalo, NY 14211 2,33 Florida Integrated Waste Special Services Ben and Daisy Rosenthal $7,201.00 233 Florida, Buffalo, NY 14203 1533 Genesee Advanced Tree/ House Demolition William F. Lafferty $9,155.00 1533 Genesee, Buffalo, NY 14211 805 Sycamore and Garage Integrated Waste Special Services Fly Holding Inc. $17,700.00 c/o PRK Properties 2317 Main St., Buffalo, NY 14214 2186 Bailey Integrated Waste Special Services Gregory Gumina $5,972.00 11 North Shore, Blasdell, NY 14219 308 Mortimer Rear Sable Contracting Jeannie Chambers $3,700.00 133 Goulding, Buffalo, NY 32 Peckham Integrated Waste Special Services Adrianne Gaiter $7,185.00 54 Freeman, Buffalo, NY 124 Peckham Integrated Waste Special Services Ernest and Rose Lykes $4,504.00 178 Krettner, Buffalo, NY 181 Peckham Integrated Waste Special Services Mary C. Johnson $5,869.00 181 Peckham, Buffalo, NY 873-875 Seneca Advanced Tree/ House Demolition Judy Gajewski $11,500.00 77 William, Buffalo, NY 130 Sycamore Integrated Waste Special Services Thomas J. Miller $6,396.00 171 Pryor, Tonawanda, NY 14150 121 Welker Advanced Tree / House Demolition Johnny G. and Mary Ann Hatten $4,400.00 46 Warren, Buffalo, NY 548 Wilson Advanced Tree/ House Demolition Damali A. Byssh $4,494.00 588 East Amherst Buffalo, NY 14215 PASSED. AYES-11 NOES-0. No.54 Report of Emergency Demolitions Due to the very serious and hazardous condition of the properties 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 various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 6, 1991. The contracts was awarded to the following lowest bidders: Address and Owner Contractor And Dollar Amount of Bid 1468 Genesee and Garage Advanced Tree/ House Demolition City of Buffalo $12,386.00 763 Humboldt Pkwy Advanced Tree/ House Demolition City of Buffalo $11,120.00 825-29 East Ferry Advanced Tree/ House Demolition City of Buffalo $7,354.00 534-36 Broadway Ridge Maintenance City of Buffalo $18,890.00 323 Landon Advanced Tree /House Demolition City of Buffalo $5,840.00 674 Broadway Pilot Construction City of Buffalo $11,620.00 2156-58-60-62 Fillmore Advanced Tree/ House Demolition City of Buffalo $19,439.00 108 Riley Pilot Construction City of Buffalo $3500.00 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's Capital Outlay Account #l00-241-085-O0-900. The balance of the Capital Outlay Fund #100-241-085-00-900 in the amount of $35,669.00, for the fiscal year of July l, 1990 to June 30, 1991. Be allotted for the demolition of. the buildings located at 258 Shumway and 1328 Jefferson, which are owned by the City of Buffalo. Demolition Bids for the buildings located at 258 Shumway and 1328 Jefferson will be solicited on June 10, 1991 at 10 a.m. in Room 304 City Hall. MR. FAHEY moved: That the communication from the Department of Inspections and Community Revitalization, dated June 6, 1991, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contracts as listed below 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-OO-900, and that said costs shall be assessed against the properties benefitted and collected from the parties responsible under the provisions of Chapter XI, Article VII, of the Ordinances of the City of Buffalo: Address and Owner Contractor & Dollar Amount of Bid 1468 Genesee & Garage Advanced Tree & House Demolition City of Buffalo $12,386.00 763 Humboldt Pkwy. Advanced Tree & House Demolition City of Buffalo $11,120.00 825-29 East Ferry Advanced Tree & House Demolition City of Buffalo $7,354.00 534-36 Broadway Ridge Maintenance City of Buffalo $18,890.00 323 Landon Advanced Tree & House Demolition City of Buffalo $5,840.00 674 Broadway Pilot Construction City of Buffalo $11,620.00 2156-58-60-62 Fillmore Advanced Tree & House Demolition City of Buffalo $19,439.00 108 Riley Pilot Construction City of Buffalo $3,500.00 PASSED AYES-11 NOES-0. No.55 Report of Emergency Demolitions Due to the very serious and hazardous condition of the properties 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 various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 10, 1991. The contracts was awarded to the following lowest bidders: Address and Owner Contractor and Dollar Amount of Bid 258 Shumway Mainline Contracting City of Buffalo $12,600.00 217 Carlton Advanced Tree and House Demolition City of Buffalo $4,625.00 152 Orange Front and Rear Lebis Contracting City of Buffalo $3,600.00 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's Capital Outlay Account #100-241-085-00-900. On the Council Communication dated June 6, 1991, the building located at 1328 Jefferson was to be bid for Emergency Demolition on June 10, 1991. The building was sold at auction by the Real Estate Division, therefore the demolition order has been withdrawn. MR. FAHEY moved: That the communication from the Department of Inspections and Community Revitalization, dated June 10, 1991, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts as listed below 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 be assessed against the properties benefitted and collected from the parties responsible under the provisions of Chapter XI, Article VII, of the Ordinances of the City of Buffalo: Address and Owner Contractor & Dollars Amount of Bid 258 Shumway Mainline Contracting City of Buffalo $12,600.00 217 Carl ton Advanced Tree & House Demolition City of Buffalo $4,625.00 152 Orange Front & Rear Lebis Contracting City of Buffalo $3,600.00 PASSED AYES-11 NOES-0. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No.56 REPLY TO AUDIT DIVISION OF TREASURY ITEM #13 - C.C.P. 5/28/91 The Division of the Treasury has received and reviewed the audit completed by the Department of Audit and Control for the period of January l, 1990 to June 30, 1990. Treasury finds this audit complete and appreciates the recognition Treasury receives for its attention to City of Buffalo and the Buffalo Sewer Authority revenues as well as to the taxpayers and employees of the City of Buffalo. Treasury is pleased to be advised that the Department of Audit finds Treasury's system of internal control of daily cash receipts satisfactory and that cash receipts are accurately reconciled and reported on the daily summary of Treasury receipts and daily report of teller receipts with some receipts substantiated by source documents. During the period of this audit, Treasury worked with the Department of Audit and Control to transfer adjustment Trust and Agency receipts to the general fund as stated in Treasury's previous audit. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF GENERAL SERVICES No.57 SURPLUS MOTORCYCLE AUCTION DEPARTMENT OF POLICE ON MAY 29, 1991, THE DEPARTMENT OF GENERAL SERVICES ACCEPTED OPEN BIDS FOR THE SALE OF SURPLUS MOTORCYCLES FORM THE CITY OF BUFFALO POLICE DEPARTMENT. THE MOTORCYCLES, HIGHEST BIDDER AND AMOUNT OF BID ARE AS FOLLOWS: PC-03, 1971 HA/DA JOSEPH BARBER$4,000.00 PC-0in, 1968 HA/DA JOSEPH BARBER4,700.00 PC- 16, 1971 HA/DA THOMAS SULLIVAN4,200.00 PC-17, 1970 HA/DA JOSEPH BARBER4,6oo.oo PC-26, 1970 HA/DA JERRY WILSON4,65o.oo PC-20, 1984 MUNICIPAL MARVIN MOLTRUR1,000.00 PC-21, 1984 MUNICIPAL SO. BFLO AUTO PARTS200.00 (WRECKED) $23,350.00 ATTACHED ARE PHOTOGRAPHS OF THE AUCTIONED MOTORCYCLES. REQUEST YOUR APPROVAL TO DISPOSE OF THESE ITEMS TO THE HIGH BIDDER LISTED ABOVE. MR. FAHEY MOVED That the communication from the Commissioner of General Services, dated June 3, 1991, be received and filed; and That the Commissioner of General Services be authorized to dispose of surplus motorcycles to the highest bidders as follows: PC-03, 1971 HA/DA JOSEPH BARBER$ 4,000.00 PC-04, 1968 HA/DA JOSEPH BARBER4,700.00 PC-I 6, 1971 HA/DA THOMAS SULLIVAN4,200.00 PC-IT, 1970 HA/DA JOSEPH BARBER4,600.00 PC-26, 1970 HA/DA JERRY WILSON4,650.00 PC-20, 1984 MUNICIPAL MARVIN MOLTRUR 1,000.00 PC -21, 1984 MUNICIPAL SO. BFLO AUTO PARTS200.00 (WRECKED) $23,350.00 PASSED. AYES-11 NOES-0. No.58 SALE OF SCRAP BATTERIES BID #0416 The City of Buffalo has for sale on a continuing basis scrap batteries. I am advising your Honorable Body that the Division of Purchase sent out sixteen (16) bids to scrap processors and battery dealers for the sale of these batteries. Four (4) bids were returned at the bid opening on May 13, 1991. See attached bid tabulation. I recommend that your Honorable Body approve the award to the responsible high bidder, Wm. Kngler & Bro., Inc., 5220 Junction Road, Lockport, NY 14094. MR. FAHEY moved: That the communication from the Commissioner of General Services dated June 6, 1991 be received and filed; and That the Commissioner of General Services be and he hereby is authorized to award a contract to Wm. Kugler & Bro., Inc., the highest bidder, for the sale of scrap batteries in the amount of $.0275 per pound. PASSED. AYES-11 NOES-0. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No.59 Proposed Budget Reductions I am writing on behalf of the Civil Service Commission in regard to Your Honorable Body's proposed reduction of this Commission's 1991-1992 budget. Realizing the fiscal constraints of the City of Buffalo, this Commission has made every effort to reduce our budget to a bare minimum. The proposed 1991-1992 budget of $570,516. is a decrease of $126,506. or 18.6% reduction from our original 1990-1991 budget. To reduce this figure an additional $23,015. would be a tremendous strain on this Commission, and certainly will hamper the operation of our department. As stated in the hearing before Your Honorable Body on May 16, 1991, figures in this Commission's 1991-1992 budget reflect an increase in spending in certain line items from 1990-1991 due to this Commission's plan to administer Police Officer and Firefighter examinations in the coming fiscal year. The attachment to this communication reflects this Commission's anticipated spending in the areas where you propose additional reduction. This Commission is confident that after review you will agree your proposed reductions are not feasible. Thank you for your consideration in reviewing the attached. If you have any questions in this regard, please contact me. I request an opportunity to meet before Your Honorable Body to discuss this matter. Please contact me regarding the same. RECEIVED AND FILED. No.60 Appt. Asst. Corp. Counsel (Max) -Heftka Only Com. #56, CCP 5/14/91 At a meeting held on [-lay 29, 1991 the Commission considered a communication dated [lay 21, 1991 from Kaaren Luparello , Council Staff, requesting information relative to the residency requirement as it relates to the appointment of Assistant Corporation Counsel Robert V. Heftka. You have requested information on how many times the Civil Service Commission has notified a department head that employees did not meet the residency requirement, and the number of times a department head did not take action after being notified of the same. In addition, you asked how many times the Civil Service Commission held an employee's paycheck because he or she did not meet the residence requirement. Be advised that Rule 10, subdivision 4, of the Rules for the Classified Civil Service of the City of Buffalo authorizes the Civil Service Commission to waive the residence requirement for City of Buffalo employees. It has been the practice of this Commission to waive the residence requirement for a six-month period to allow a candidate to establish residence in the City of Buffalo when an appointing authority proves the number of resident applicants is inadequate for selection for appointment. In all cases an appointing authority must make a request for a waiver of residency prior to appointment. If it is brought to this Commission's attention that an employee of the City of Buffalo is not a resident of the city, the department head is notified of the same and requested to investigate the matter. If there is substantial evidence that an individual is not a resident of the City of Buffalo, this office will take appropriate action. In all cases, the department heads have acted on the inquiry of this Commission. A review of our files indicates there have not been any check holds by this Commission due to the fact that an employee failed to establish residence in the City of Buffalo within the allowable six-month time period. I trust this satisfies your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No.61 Requests for use of Delaware Park Casino I have received a request for the sublease of the Delaware Park Casino From For Mr. Robert O'Hara his daughters wedding reception on August 18, 1991. This request is also for the approval of the use of alcohol at this event. The request was received by me and forwarded to the Delaware Park Casino Committee: c/o Hon. Alfred T. Coppola on May 31, 1991. RECEIVED AND FILED. No.62 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. POLICE DEPARTMENT RECEIVED AND FILED. No.63 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: Human Resources RECEIVED ID FILED. No.64 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 1564 So. Park Ave. Chipmunk Room W. Singethal Sr. 652 So. Ogden St. Desiderios Impazz of Bflo., Inc. 1084 Sycamore-St. H. Hill & o. Kirksey 667 Grant St. Grant Central Station D. MacKinnon 865 Elk St. Buffalo River Landing Wm. Harthett & J. Hyland RECEIVED AND FILED. No.65 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: Public Works-JAMES CARUBBA, JR. Parks- JAMES J. WOJCIK Corporation Counsel-ROSE VAN KERKHOVEN, MARIA L. DINES Human Resources-ELIZABETH J. WILK RECEIVED AND FILED. No.66 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 Home Improvement Advisory Board Zoning Board of Appeals RECEIVED AND FILED. No.67 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 May 28, 1991 in the Department of City Clerk Michelle Parker 215 Geary St., Buffalo, N.Y. 14210, to the position of Intern III, Non-Competitive at the starting salary of $5.00/hr. Appointment to become effective May 28, 1991 in the Department of City Clerk, To the position of Intern IV, Non-Competitive. at the starting Salary of: $6.00 per hr. Chad P. Jakubowski 14 Beyer Buffalo, 14210 Brian P. Webster 179 West Woodside Buffalo, 14220 Appointment to become effective May 29, 1991 in the Department of City Clerk, to the position of Intern IV, Non-Competitive, at the starting salary of $ 6.00 per hr. Jessica L. Kelly 90 Meriden, Buffalo, 14220 Ancrea J. Gilmour, 302 Cumberland Ave., Buffalo, 14220 Appointment to become effective May 31, 1991 in the Department of City Clerk, to the position of Intern IV, Non-Competitive, at the starting salary of: $ 6.00 pr. hr. Michael P. Hughes 30 Whitfield, Buffalo, 14220 Michael J. Nolan 7 Hillside Ave. Buffalo, 14210 Appointment to become effective May 31, 1991 in the Department of City Clerk, to the position of Intern IV, Non-Competitive, at the starting salary of: $ 6.00 Per hr. James E. Lafferty 20 McClellan Cir., Buffalo, 14220 Appointment to become effective June 3, 1991 in the Department of City Clerk, Carmen H. Rivera 53 West Ave., Buffalo, 14201 to the position of Intern IV, Non-Competitive, at the starting salary of: $ 6.00 Per Hr. Appointment to become effective June 5, 1991 in the Department of City Clerk, Eddie Negron 235 Hudson, Buffalo, 14201, to the position of Intern IV, Non-Competitive at the starting salary of: $ 6.00 Per Hr Appointment to become effective June 6, 1991 in the Department of City Clerk, James C. Keane 151 Whitfield, Buffalo, N.Y. 14220, to the position of Intern IV, Non- Competitive, at the starting salary of: $ 6.00 per hr. No.68 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. Charles L. Michaux, III City Clerk FROM THE DEPARTMENT OF AUDIT AND CONTROL Appointment to become effective June 6, 1991 in the Department of Audit and Control, Division of Real Estate, Michael Weinstein 50 Inwood, Buffalo, 14209, to the position of Laborer I, Seasonal, at the starting salary of $5,98/hr. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective May 24, 1991 in the Department of Public Works, Division of Engineering, Sandra Ortolano 20 Fairchild, Buffalo, 14216, to the Position of Laborer I, Seasonal, at the starting Salary of: $5.98/hr. Appointment to become effective June 3, 1991 in the Department of Public Works, Division of Water, Phyllis A. Dombrowski 477 Fillmore, Buffalo, 14206, to the Position of Account Clerk-Typist, Permanent at the starting salary of: $ 18,425 FROM THE DEPARTMENT OF PARKS Appointment to become effective June 3, 1991, in the Department of Parks Division of Recreation to the position of Lifeguard Seasonal at the starting Salary of: $ 4.33/hr. Colleen Lalley 81 Densmore Buffalo New York 14220 Carrie McCarthy 83 Ramona Avenue Buffalo New York 14220 Linda Pernick 18 Wyandette Avenue Buffalo New York 14207 Frank Rodriguez 204 West Tupper Buffalo New York 14201 John Rodriguez 204 West Tupper Buffalo New York 14201 Dennis Sanders 40 Fosdick Street Buffalo New York 14209 Katie Talty 57 Choate Avenue Buffalo new York 14220 Rodney Baca 22 Thomas Street Buffalo New York 14206 Kenny Benton 1099 Michigan Avenue, Buffalo New York 14209 Paul Delano 807 Bird Avenue, Buffalo New York 14222 Andrew Dorio 2001 Main Street Buffalo New York 14208 Elizabeth Gardner 28 Robins Street Buffalo New York 14220 Gregory Harris 45 Woodlawn Avenue Buffalo New York 4209 Sean Kelly 37 Dakota Street Buffalo New York 14216 VerneIl King 128 Butler Avenue Buffalo New York 14208 Appointment to become effective May 31, 1991 in the Department of Parks Division of Recreation To the Position of Supervising Lifeguard Seasonal at the starting salary of: $ 5.25/hr, Anthony Gajkowski 1326 Broadway, Buffalo New York 14212 Michael Kane 184 Tuscarora Road Buffalo New York 14220 Michael Kearns 138 Hubbell Street Buffalo New York 14220 Karen Lalley 81 Densmore Buffalo New York 14220 Scott Noga 56 Gatchell Street Buffalo new York 14212 Eric Robinson 359 Koons Avenue Buffalo New York 14211 Michael Tonovitz 15 Merrimac Buffalo new York 14214 Appointment to become effective June 5, 1991 in the Department of Parks, Division of Recreation To the Position of Supervising Lifeguard Seasonal at the starting salary of: $ 5.25/hr. Paul Flanagan 43 Hammerschmidt Buffalo New York 14210 Christina Gannon 166 Choate Buffalo New York 14220 David Hassett 844 Potomac Buffalo, N.Y. 14209 Appointment to become effective May 30, 1991 in the Department of Parks, Division of Recreation To the position of Laborer II, Seasonal at the starting salary of: $ 6.65 per hour Mark Lelley 21 Edgewood Buffalo New York 14220 Joseph Langdon 311 Downing Buffalo New York 14220 Peter Mann Jr. 48 Downing Buffalo New York 14220 Neil Conte 772 Tifft Street Buffalo New York 14220 Diana Erdt 202 Wilson Street Buffalo New York 14212 Randal Fogan 78 Hamlin Road Buffalo New York 14208 Vincent McCarthy 26 Sunset Buffalo new York 14207 Eugene Mullen 1567 South Park Buffalo New York 14220 John OLeary 100 Ryan Street Buffalo New York 14210 Timothy Overdorf 176 Mackinaw Buffalo New York 14204 David Phillips 98 Mlllicent Avenue Buffalo new York 14215 FROM THE CORPORATION COUNSEL Appointment to become effective June 3, 1991 in the Department, of law, Joyce J. Manch 319 Lincoln Pkwy., Buffalo, 14216, to the position of Assistant Corporation Counsel, Temporary, at the starting salary of $39,538. FROM THE DEPARTMENT OF STREET SANITATION Appointment to become effective May 31, 1991 in the Department of Street Sanitation Edward C. Hall 91 Nottingham Terrace, Buffalo, 14216, to the position of Laborer II, seasonal, at the starting salary of $6.65/hr. Appointment to become effective June 3, 1991 in the Department of street Sanitation to the position of Laborer II, seasonal, at the starting salary of $6.65/hr. Michael R. Canfield 632 West Avenue Buffalo, New York 14213 Raymond P. Hehir 176 Arbour Lane Buffalo, New York 14220 Alfonse A. Monaco 31 Woodside Avenue Buffalo, New York 14220 Appointment to become effective June 5, 1991 in the Department of Street Sanitation, Michael P. Kearns 138 Hubbell Ave, Buffalo, 14220. to the position of Laborer II, seasonal, at the starting salary of $6.65 per hour Appointment to become effective June 3, 1991 in the Department of Street Sanitation, Timothy P. Burke 686 McKinley Pkwy., Buffalo, 14220, to the position of Laborer II, Permanent, at the starting salary of $8.59 per hour Timothy P. Burke 686 Mckinley Parkway Buffalo, New York 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No.69 CANISIUS COLLEGE Favor Ordinance Amendment - Hamlin Park Overlay Review District Thank you very much for your letter of May 29, 1991, asking for reactions of Canisius College to the ordinance amendment to Chapter 511, Section 68.1, Hamlin Park Overlay Review District. After thorough study of the proposed amendment, I can report that Canisius College would have no objection to it. Just for the record, I should like to express my curiosity as to why Canisius College was not consulted or given any previous information about the original passage of the legislation establishing the "Hamlin Park Overlay Review District". I understand that affected parties are generally notified of pending legislation. I do not recall being consulted or informed in this case. REFERRED TO THE COMMITTEE ON LEGISLATION No.70 MARIO M. CUOMO Reply to concerns Regarding East Side Rapist Governor Cuomo has asked me to thank you for your recent letter and for the copy of the resolution, adopted by the Buffalo Common Council, concerning the "East Side Rapist." May I begin by expressing my feelings of shared outrage at this series of attacks upon innocent children on the East Side of the City of Buffalo. As a parent, I can fully understand the frustration of those who have been closest to the victims in these cases. I have been informed by New York State Police Superintendent Thomas A. Constantine that members of his agency have been in regular contact with the Buffalo Police Department concerning this matter. The New York State Police provides assistance to local agencies through its Sexual Assault Lead Tracking System. This computerized program is employed to assess and evaluate information developed in cases of a serial type with a view toward discovering similarities among cases, with the hope that it will help lead to a successful conclusion. Additionally, the State Police provides violent crime analysis information through its Criminal Profiling and Behavioral Service Unit. These programs are available to local agencies, upon request. Superintendent Constantine has directed the Troop "A" Commander, Major Salvatore F. Valvo, to meet with Police Commissioner Ralph V. Degenhart to discuss the availability of these programs and State Police willingness to assist. It is hoped that this meeting will bring about a level of cooperation that will address the concerns expressed in the resolution. It is my belief that a unilateral move to have the State Police enter this investigation at this time is not in the best interest of the investigation.. My desire is that a mutually agreed upon cooperative effort be employed. Again, thank you for informing the Governor of the City Council's concerns and recommendations. I remain hopeful of a speedy resolution to this most serious matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No.71 CITY OF BUFFALO BOARD OF ETHICS CATV Committee The Board of Ethics has been meeting on the issues raised in your February 27, 1991 correspondence. After careful deliberations and the taking of testimony, we have unanimously concluded that there is no reasonable cause for a formal hearing in accordance with Section 65 of the Code. Secondarily, we did not find any impropriety in the selection process sufficient to warrant reversal or reconsideration of the Public Access Policy Board's recommendation. It appears that Mr. Springer, while present during the Executive Session in question, did not actually participate in any fashion at said meeting and abstained from voting, having earlier disclosed his possible conflict of interest. We are satisfied that Mr. Springer's disclosure of his affiliation with the BCT did not impact adversely upon PAPB's consideration of the merits of all proposals. Please call me with any further questions or comments. RECEIVED AND FILED No.72 HAMLIN PARK COMMUNITY AND TAXPAYERS ASSOCIATION, INC. OPPOSE AMENDING HAMLIN PARK ORDINANCE WE ARE AGAINST AMENDING THE HAMLIN PARK OVERLAY REVIEW DISTRICT, AS SUBMITTED BY COUNCILMEMBER AT LARGE EUGENE FAHEY, SUBSECTION (B) OF SECTION 68.1 OF CHAPTER 511. THE EFFECT OF RECONSIDERATION OF THE ORIGINAL ORDINANCE ENACTED MARCH 19,1991 SEEMS REDUNDENT AND SURELY IT SEEMS THAT AN INSTITUTE HAS THE POWER OVER THE CITIZENS, ESPECIALLY A TAX FREE INSTITUTION. THE TIME SPENT ON GAINING SUPPORT FOR THE HAMLIN PARK OVERVIEW DISTRICT WAS INDICATIVE WHAT CITIZENS WORKING WITH THEIR GOVERNMENT CAN AND DO ACCOMPLISH. LETS NOT TURN AROUND A VERY GOOD ORDINANCE AS PRESENTLY ESTABLISH. WE PRAY THAT THIS COMMON COUNCIL HEAR THE VOICES OF ITS 'ELECTORATE AND VOTE THIS SCHEME DOWN. "PEOPLE ARE INFINITE, INSTITUTIONS COME AND GO." REFERRED TO THE COMMlTTEE ON LEGISLATION. No.73 Horizons Waterfront Commission, Inc. DEDICATE TIMES BEACH NATURE PRESERVE In response to Item #183, C.C.P. May 28, 1991, we wish to commend Council President Arthur and the Council for the positive intent of this resolution. As you note in your resolution draft, the Horizons Waterfront Commission draft Action Plan of May 15, 1991, in its illustrative drawings, suggests the preservation of the Times Beach area as a nature preserve. As you are aware, we are currently in a review and comment period with regard to the draft Action Plan and soon will initiate more detail design work for several sites on the Erie County waterfront, including the Buffalo Outer Harbor. Those design activities will surely focus in part on the kinds of activities that can enhance the Times Beach area and enhance its contribution to the total Outer Harbor. Part of that will be an assessment of future implications of suggested uses with particular emphasis on health and safety issues associated with human physical access to the area, given the fact that the Times Beach area contains hazardous materials. We hope and trust that the Council will join us in this next phase of work. Given that, we respectfully suggest that any formal dedication of the Times Beach area be deferred until the full assessment of its potentials can be made. Thank You again for affording us the opportunity to comment on this matter. RECEIVED AND FILED No.74 ADVISORY COUNCIL to BUFFALO HOUSING COURT TWELFTH ANNUAL REPORT Enclosed within you will find a copy of the Twelfth Annual Report of the Advisory Council to the City of Buffalo Housing Court, Buffalo, New York. Your comments and inquiries are sought and will be appreciated. REFERRED TO THE COMMlTTEE ON LEGISLATION. No.75 MARIO IULIANO Appeal Preservation Board Decision Windows-330 Maryland My request for replacement of two sets of original paired double-hung windows with new windows that are shorter in height, was twice denied by the Preservation board on November 2, 1989 and February 21, 1991. The decision to deny ply request was made based on the fact that the board feels the change would alter the historic qualities of the structure. The Preservation Hoard suggested that I Jeep the original double-hung windows and that I modify the Kitchens interior in such a manner that would not disturb the windows. Plans were drawn up by the Hoard and having reviewed them I found these plans to be too costly and out of my fiscal range. Anxious to begin work on the kitchen, I went ahead with the repairs without realizing the difficulties involved in getting new windows installed. At this time, I am appealing to the Common Council. I am seeking permission to install smaller windows inside the original paired double-hung windows which presently exist, thus keeping the same appearance from the outside but at the same time allowing me to open and close these windows. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No.76 MR. & MRS. JOSEPH KACZMARZ Oppose Changing name of Seward Street to Victoria Per conversation with Councilman Norman Bakos on 6-3-91, I am contesting the changing of Seward St. to Victoria as proposed by Paul Mielcarek of 43 So. Pontiac. Mr. Mielcarek has told Councilman Bakos he has a Seward address, which is not true. His license, car registrations, telephone listing, deed, tax assessment record, etc. all list his property as 43 So. Pontiac although his home, like mine face Seward St. He also claims he is embarrassed by the name Seward and wants the street to be named after his wife. I have just built a home on Seward also. Its the same situation, although my tax assessment is listed as 131 Holly, my home faces Seward, as does 3 to 5 other lots. If any change is made I feel that all property owners, including PRZ enterprises owners of the majority properties and my husband and myself should have a say a< to what the change should be. Personally I would like it to be called Creekside Drive. I do not like Victoria anymore than Seward. I understand that being a building inspector for the city of Buffalo as Mr. Mielcarek is does give him an edge, however all parties should have an equal say or no changes should be made at all. Once again, I feel this change will cause more hassle with us having to change deeds, charges and licenses, etc. and feel I should have just as much to say as Paul. REFERRED TO THE COMMITTEE ON LEGISLATION. No.77 KLEINHANS MUSIC HALL MANAGEMENT. INC. Oppose Additions to Music Hall Board I am in receipt of a copy of Donna Davis' letter to Douglas J. Lengyel, Executive Director of Kleinhans Music Hall Management, Inc., dated May 30, 1991, with copy of the proposed resolution by Carl A. PerIa, Jr. and David P. Rutecki: "Expand Board-Kleinhans Mgmt. Cin. '(Res. #234, C.C.P. May 28, 1991)'" Our Board does not think it advisable to at this time expand our Board membership. We are now in the process of filling one existing vacancy on our Board and we may have another vacancy later this year. We are, of course, sensitive to the wishes and needs of the residents living in the Kleinhans Music Hall neighborhood and do in fact desire to heighten our communication with them. Either Doug Langyel or I (and in most cases, both of us) have attended each of the Neighborhood Association meetings to which we have been invited. Insofar as the Buffalo Philharmonic Orchestra, our primary tenant, two of our Kleinhans Music Hall Management, Inc. Board of Directors are members of the Board of Directors of the Buffalo Philharmonic Orchestra Society, Inc., I being a former Chairman of the Orchestra Board and John N. Walsh III being a life member of that Board. We certainly are sensitive to the Orchestra's needs and wish to heighten our communication with the Orchestra Board, but it must be remembered that the Hall must serve our other tenants and a number of other users of the Hall and constituencies, as well. Finally, given the nature of the Kleinhans Music Hall Board's duties and responsibilities, we do not think it would be productive to at this time increase our Board members, we believing that we are more effective with the present, small working Board format. We would be more than pleased to supplement this letter by appearing before your Committee, if you would like us to do so, and trust that no action will be taken on this proposed resolution without further consultation with us and affording us an opportunity to do so. REFERRED TO THE COMMITTEE ON FINANCE No.78 N.Y. S. DEPT. OF ENVIRONMENTAL CONSERVATION Nature Preserve-Times Beach Thank you for your letter of May 28, 199l in which you share the City's ordinance amendment (Item 163 C.C.P. May 28, 1991) regarding the Dedication of Times Beach as a Nature Preserve. The Times Beach site is currently a listed inactive hazardous waste site. A number of independent studies have been performed on this unique area by the United States Army Corps of Engineers and others. Department staff are carefully reviewing the results of these efforts to determine, among other things, whether the site contains waste materials which meet the regulatory definitions of hazardous waste, and whether the site should continue to be listed in the State Registry of Inactive Hazardous waste sites. I expect this review to be completed shortly. The City of Buffalo will be notified of any change in the listing status of Times Beach. It is evident from your resolution that the city would like to maintain the site as a nature preserve wherein the public may hike on trails, bird watch, Photograph, etc. The Department is in general support of using waste sites for productive purposes when the use does not impact on any remedial, measures to be implemented at the sites and the use is consistent with the degree and nature of contamination present. In that view, the material disposed at Times Beach is from the dredging of Buffalo's waterfront shipping channels and contains elevated concentrations of heavy metals (e.g. lead and mercury) and polynuclear aromatic hydrocarbons (PAH's). Regardless of the Department's decision on the continued listing of Times Beach, the levels of contamination present on the site may be of concern to the state and local health agencies in view of the planned public use of the site. The state and County health departments should be consulted in this matter, to obtain their input in designing a nature preserve that will minimize public exposure to the contamination present at the site. I trust that you can appreciate the complex task that the Department faces in reviewing the many studies conducted at this site in trying to determine its impact on the environment. Your patience in this regard is appreciated. If there are any additional concerns regarding this matter, may I suggest you contact Mr. Martin Doster of my staff at 847-4585. REFERRED TO THE COMMITTEE ON LEGISLATION. No.79 PUBLIC ACCESS POLICY BOARD Endorse Contract with BCT At the May 28, 1991 meeting the Public Access Policy Board voted to endorse the contract presented to the Common Council, by Councilmember Rutecki, between the city and Buffalo Community Television Inc. It is our understanding that this contract has been agreed to in principle by both parties. The Public Access Policy Board supports Councilmember Rutecki's resolution. However, if any conflict arises prior to the final Council Vote, the Policy Board reserves the right to review the issues and make recommendations to the city in accordance with our rules and regulations. This letter of endorsement in no way pre-empts, subjugates or precludes the rights and responsibilities of the Public Access Policy Board. RECEIVED AND FILED. No.80 PUBLIC ACCESS POLICY BOARD Refranchising CATV At the regular Public Access Policy Board meeting of May 22, 1991, the Board voted to inform the Council that Mr. Steven Shaye, Deputy Director, MAPD, New York State Commission on Cable Television addressed the Board regarding Cable re-franchising. In addition, Mr. Shaye forwarded to the Board, a number of printed materials, an itemization of which is appendixed to this filing. These materials are available for review through Mr. Tarapacki of Council Staff.. In addition, Mr. Shaye indicated that the State Commission had notified the city in a letter to Mayor Griffin, that the current franchise with TCI expires on February 22, 1994, and that the renewal process can begin as early as 3 years prior to the expiration date. Since we have now entered into the 3 year period leading up to the expiration of the franchise, the Policy Board feels that it is essential that the full Council be advised. I have included a copy of the letter sent to the Mayor, which was provided to me by Mr. Shaye. In addition, Mr. Shaye informed the Policy Board that the State Commission is able to assist communities in evaluating franchise performance by conducting technical, financial, and customer service audits at the request of the municipality. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No.81 TCI Of New York, Inc. CHANGES FOR THE BETTER IN CABLE SERVICE Beginning June 3, TCI of New York, Inc. is making changes for the better. We are adding a service that will give most current cable customers access to an affordable 24-hour new movie channel for as little as $1.00 a month through 1992. Movies are by far one of the most popular programs on cable. But some of our customers have told us that first - run premium pay movie channels are a little to expensive for them. That's one of the reasons why TCI of New York is adding ENCORE, an inexpensive movie channel running popular films from the 1960's, 70's, and 80's, 24 hours a day, uncut and commercial-- free We are also pleased to add CTV = THE COMEDY NETWORK, featuring an eclectic blend of comedy, situation comedies, stand - up comedians, original programing, and more - 24 hours a day. Also on June 3, we wiII provide MIND EXTENSION UNIVERSITY (MEU) to our customers. MEU, is a 24--hour channel dedicated to providing a full range of educational courses, from learning to read to complete M.B.A. degree. On July 15, we'Il launch THE COURTROOM TELEVISION NETWORK (COURT TV), which includes courtroom coverage from around the country supplemented by a variety of legal news programming. TCI of New York is giving existing customers an opportunity to preview ENCORE at no charge from June 3 to June 30, 199l. Beginning July 1, TCI of New York will generally charge its current customers $1.00 a month for the service unless customers decline the optional all-movie channel and notify us accordingly This affordable monthly rate will not increase through May, 1992 unless a customer reduces the number of premium pay services that he/she received as of June 2, 1991. The price will be higher for those who sign up for cable after June 30, 1991. Attached is a copy of the ENCORE marketing information which will be sent to customers. To accommodate CTV: THE COMEDY CHANNEL, MIND EXTENSION UNIVERSITY, ENCORE, and COURT TV and for other reasons we will realign channels and make some minor adjustments to the cable program line-up. Channels will be more sensibly grouped according to whether they are part of the Basic or Expanded Basic service. Expanded Basic is an optional level of service featuring seven channeIs, which, because of their aggressive acquisition of programming, cannot keep their cost increases equal to or less than the rate of inflation. Thus, we made them optional since we expect the cost of Expanded Basic to increase faster than the inflation rate. Until this upcoming change, Expanded Basic services have been spread across the dial. Grouped together, customers will be even more aware that it is an optional level of service. To make room for ENCORE, we will drop THE JC PENNEY SHOPPING NETWORK. This service was primarily duplicate programming and one of our least watched channel 's These changes may cause some inconveniences for customers as they adjust to the new channel positioning. TCI of New York will take every possible step to fully inform customers of the changes. A comprehensive communications program is planned that will include bill inserts, direct mail, press announcements, TCI Education Project mailing to participating schools in the area, radio spots, cable information spots, newspaper ads, cable guide wrap- around, and local office displays. We will even cablecast a half hour show, which specifically explains the various changes taking place. Additional telephone -caIl in capacity through a toll -free 800 number is being arranged to handle any increase in inquiry levels from the public. Complete information on all the terms of the ENCORE offer and the upcoming channel realignment will be presented to customers., particularly changes in the price of the service if customers, elect to downgrade their service levels after June 2, 1991, and before May 31, 1992. Customers will receive at least seven different notices regarding ENCORE. In addition to these exciting programming changes, we at TCI of New York will be making some important changes in our equipment rental charges as well. First, effective July 1, 1991, we will lower the cost of Basic Cable by $.50 per month to all customers. Secondly, also effective July 1, we will begin charging $2.00 per month to customers who rent a converter from TCI on their first cable outlet. The reasoning for this is simple. Currently, the cost of a first outlet converter is included in the cost of Basic Cable paid by all customers. However, we know approximately 60% of our customers have a cable ready television or VCR that is capable of receiving our cable signals. In order to increase our customers options in the level of service they purchase from us, we will begin to charge for the first set converter only the customers using the converter. By lowering the cost of Basic Cable, all customers will no longer subsidize only those who need a converter. Customers who wish to purchase a converter on their own, instead of renting on a monthly basis from TCI of New York may do so; however, we urge customers who choose to buy their own converters to consult a TCI Customer Service Representative to assure that they purchase the correct equipment. Sales tax will be charged for converter rentals. I am excited about the exciting programming we are about to offer to our customers. If I can be of any further service, provide any additional information, or answer any questions, please don't hesitate to call me at 862-4640. REFERRED TO THE SPECIAL COMMITTEE ON CATV PETITIONS No.82 Refuge Temple of Christ Inc., owner. petition to use 943 Jefferson Avenue for an illuminated pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.83 Ruth Campbell, owner, petition to use 358 Amherst Street for a two (2) Family Dwelling. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.84 Benderson Devlp., owner, petition to use 699 Hertel Avenue for a ground sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.85 Narla Adams and Others favor equitable funding for Board of Education. RECEIVED AND FILED No.86 Bill Miller & O. - Req. Hearing on Building Permit Fees. RECEIVED AND FILED REGULAR COMMITTEES CLAIMS HON BRIAN M. HIGGINS CHAIRMAN No.87 CLAIMS COMMITTEE REPORT COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Acting Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Marcia M. Barry and Gross, Shuman, Brizdle, & Gilfillan, P.C. Her Attorneys $1,750.00 A 2. Judy K. Deavers and Michael J. Montesano. Jr. Her Attorney $12,000.00 A 3. Kathleen Hyjek P/N/G of Dale Makowski and Albrecht, Maguire, Heffern & Gregg, P.C. As Attorneys $7,000.00 A 4. Gizu Kitaw and Robert B. Druar, Esq. $1,500.00 A 5. Kenneth Lynch and Glenn E. Murray, Esq. His Attorney $7,000.00 A 6. Donald O. Summers, Sr. $6,000.00 A 7. Kathleen Tompkins, P/N/G/ of Kenneth James An Infant and Siegel, Kelleher & Kahn as Attorneys $2,500.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgement and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and of the proper releases and closing papers. PASSED AYES-11 NOES-0. No.88 PROPERTY DAMAGE That upon the recommendation of the Acting Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B I. David Christopher Claim for damage to claimant's eyeglasses while performing his duties as an Equipment Operator for the Department of Street Sanitation. $161.00 B 2. Mark Hupkowicz Claim for damage to eyeglasses of the claimant while he was performing his duties as an Equipment Operator in the Department of Street Sanitation. $151.50 B 3. Romero C. Robinson Claim for damage to claimant's eyeglasses which were destroyed while performing duties as a Laborer II in the Department of Street Sanitation. $180.95 B 4. Leo Skowron Claim for a Street Sanitation Department employee's Oldsmobile which was damaged while parked at the Broadway Garage by roofing material that was blown off the Garage. $566.20 B 5. John R. Weimer Claim for damage to a Street Sanitation Department employee's 1991 Chevrolet while it was parked at the Broadway Garage. The vehicle was damaged by roofing material that was blown off the Garage. $118.80 There are no Insurance Companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES BAKOS, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-9 NOES- BELL, FRANCZYK-2. * Mr. Franczyk in the negative on B 1, 2 and 3 only. No.89 MISCELLANEOUS That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claim be paid: C l. Emily Owens and Luke C. Owens, Esq., Her Attorney Claim for life insurance payments allegedly owed Emily Owens the widow of John J. Owens, a retired police officer, who died on June 3, 1989. Massachusetts Mutual Insurance Company and Loyalty Life Insurance Company are contributing to the settlement of this claim. $1,250.00 That checks be drawn on the account of 81-2 General City Charges 100-8l2-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES-11 NOES-0. No.90 MISCELLANEOUS INVOICE That, upon the recommendation of the 'Acting Corporation Counsel and the appropriate City Department, the following claims be paid: D l. City of Buffalo Division of Water Claim for services rendered to the Division of Real Estate for property at 596 Genesee Street in a prior fiscal year. $1,673.18 D 2. City of Buffalo Division of Water Claim for services rendered to the Division of Real Estate for properties at 1 Elsie Place and 196 East Ferry Street in a prior fiscal year. $320.64 That checks be drawn on the account of 81-2 General City Charges 100-8l2-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES-11 NOES-0. No.91 MISCELLANEOUS INVOICE That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: D 3. Delta Elevator Service Corporation Claim for services rendered to Pilot Field in the prior fiscal year. $982.53 That checks be drawn on the account of 81-2 General City Charges 420-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES-11 NOES-0. No.92 MISCELLANEOUS INVOICE That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: D 4. Mernan Chevrolet, Inc. Claim for services rendered to the Division of Parking Enforcement during the past fiscal year. $36l.83 D 5. R. D. Murray, Inc. Claim for services rendered to the Fire Department in the past fiscal year. $1,908. 50 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES-11 NOES-0. No.93 MISCELLANEOUS INVOICE That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: D 6. Schindler Elevator Corporation Claim for services rendered to the Division of Stadium and Auditorium in the past fiscal year. $1,659.13 THERE ARE NO INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE MISCELLANEOUS INVOICE CLAIMS That checks be drawn on the account of 81-2 General City Charges 430-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES-11 NOES-0. No.94 MISCELLANEOUS REIMBURSEMENT That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: E l. Robert Smith Claim for reimbursement of bail money which was stolen from Police Headquarters. $250.00 That, checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES-11 NOES-0. No.95 MISCELLANEOUS PAYROLL That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: F l. John Calabotta Claim for additional longevity pay due Mr. Calabotta, a Dog Control Officer in the Department of Street Sanitation. $1,150.00 F 2. John Carriero Claim for additional longevity pay due Mr. Carriero, an employee of the Department of Street Sanitation because of an adjusted longevity date. $350.00 F 3. Henry Drzazga Claim for additional longevity pay due Mr. Drzazga, a Laborer II in the Department of Street Sanitation. $350.00 F 4. Gary Galante Claim for additional longevity pay due Mr. Galante, an employee of the Department of Street Sanitation because of an adjusted longevity date. $900.00 F 5. Gregory Guido Claim for additional longevity pay due Mr. Guido, an employee of the Department of Street Sanitation due to an adjusted longevity date. $450. 00 THERE ARE NO INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE CLAIMS That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and of the proper releases and closing papers. PASSED AYES-11 NOES-0. No.96 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: G 1. Joseph Bartosik This is a claim for damage to claimant's personal property at 472 McKinley Parkway due to elm leave beetles. $1,453. 32 G 2. Daniel J. Markiewicz Claim for sewer problems at 162 Stratford Rd. $1,903.37 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES-11 NOES-0. No.97 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: G 4. Herbert Bogner Claim for tools that were stolen ' from the building at 1326 Seneca Street, P/W Division of Buildings, Mechanical Services. $362.66 G 5. Michael Cunningham Claim for tools that were stolen from the building at 1326 Seneca Street, P/W Division of Buildings, Mechanical Services. $923.53 G 6. Daniel D. Derfert Claim for tools that were stolen from the building at 1326 Seneca Street, P/W Division of Buildings, Mechanical Services. $500. 86 G 7. Eugene V. Drebot Claim for tools that were stolen from the building at 1326 Seneca Street, P/W Division of Buildings, Mechanical Services. $668.: THERE ARE NO INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE CLAIMS. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES-11 NOES-0 No.98 Mr. Arthur now took his seat in the Council Chambers. FINANCE HON. DAVID A. COLLINS CHAIRMAN No.99 Citizens for Environment/Request to Conduct Canvass Item # .94 CCP Apr 30, 1991 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.100 RESULTS OF PRIVATE SALE - 190 MACKINAW ITEM NO. 33, C.C.P., May 28, 1991 That the communication from the Office of the Comptroller, dated May 23, 1991, be received and filed; and That the offer of John and Martha Heidinger, 186 Mackinaw Street, in the sum of $575.00, to purchase the property located at 190 Mackinaw Street, 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-12 NOES-0. No.101 Authorize Comptroller to Acquire Title/2038 Genesee Item # 185 CCP May 28, 1991 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.102 W. Wright/Uncover Water Shut Off/31 Kingsley Item # 109 CCP Apr 30, 1991 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.103 W. Wright/Restore Water Shut Off/31 Kingsley (PW) Item # 38 CCP May 14, 1991 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.104 National Fuel Gas/Water Box/31 Kingsley Item # 86 CCP May 28, 1991 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.105 C. Johnson/Complaints against Police Department Item # 98 CCP May 14, 1991 That the above mentioned Item be and the same is hereby referred to the Committee on Claims. ADOPTED LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No.106 RE: T. LOMBARDO, OWNER, PETITION TO USE 1198 HERTEL AVENUE FOR AN OUTDOOR CAFE (ITEM NO. 91, C.C.P., 05128191) That after a public hearing held on the 4th day of June 1991 the petition of T. Lombardo, owner, for permission to use 1198 Hertel Avenue for an outdoor cafe (20' x 30') be, and the same hereby is, approved subject to the following conditions: 1. That the Cafe be opened no later than 11:00 pm. daily; 2. That no music be played in the cafe; and 3. That no trash receptacles be placed in the cafe. PASSED AYES-12 NOES-0. No.107 RE: R. MYERS & F. HARDICK, OWNERS, PETITION TO USE 3204 BAILEY AVENUE FOR SIT IN RESTAURANT (ITEM NO. 92, C.C.P., 05/28/91) That after a public hearing held on the 4th day of June 1991, the application of Robert C. Myers and Francis Hardick, owners, to convert 3204 Bailey Avenue into a sit-in restaurant with accessory signage, be, and the same is hereby granted. PASSED AYES-12 NOES-0. No.108 RE: J. O'BRIEN, OWNER PETITION TO USE 443 FOREST AVENUE FOR A SIDEWALK CAFE (ITEM NO. 93, C.C.P., 05/28/91) That after a public hearing held on the 4th day of June, 1991, the petition of Jackie O'Brien, owner, for permission to use 443 Forest Avenue for a sidewalk cafe (9' x 40') with awning be, and the same hereby is granted, subject to the following conditions: 1. That the Cafe be opened no later than 11:00 p.m. daily; 2. That no music be played in the cafe; and 3. That no trash receptacles be placed in the cafe. PASSED AYES-12 NOES-0. No.109 A. Panzarella Use 1849 Seneca/Truck storage (Item # 94 CCP May 28, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.110 RE: M. FORMAN & P. EVANS, OWNERS REQUEST TO USE 48 COLLEGE STREET FOR OFF-STREET PARKING AREA (ITEM NO. 96, C.C.P., 05/28/91) That the above item be, and the same hereby is, returned to the Common Council without recommendation. MR. COPPOLA MOVED: That the request of Margaret Foreman and P. Evans, owners, for permission to use the front portion of a vacant lot at 48 College Street to park three vehicles be, and the same is hereby granted. PASSED AYES-12 NOES-0. No.111 RE: T. LEE AND M. LEE, OWNERS PETITION TO USE 743 ELMWOOD AVENUE FOR A WALL SIGN (ITEM NO. 97, C.C.P., 05/28/91) That after a public hearing held on the 4th day of June 1991, the petition of Terrence E. Lee and Michael J. Lee, owners, for permission to use 743 Elmwood Avenue for placement of an illuminated awning sign (approximately 51 sq. ft.) be, and the same is hereby granted. PASSED AYES-ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS-11 NOES- RUTECKI-1. No.112 RE: J. CHRISTOPHER & JANE M. LORY, OWNERS PETITION TO USE 358 DELAWARE FOR OFFICES (ITEM NO. 95, C.C.P., 5/28/91) That the application of J. Christopher and Jane M. Lory, owners, for permission to build encroaching portions of the facade of 358 Delaware Avenue, into the right-of-way, be, and the same is hereby granted pursuant to Section 413-56 of the Buffalo Code. PASSED AYES-12 NOES-0. No.113 Information/A 26 Franklin (PW) (Item # 37 C.C.P. May 28, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.114 Suspend Ordinance/420 Franklin (ICR) (#77 4/30) (Item # 157 CCP May 28, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.115 Billboard spacing/Elimination Within City5(#l92 5/l4) (Item # 155 CCP May 28, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.116 Property Inspections Reform Measures (ICR) (Item # 64 CCP May 28, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.117 Higgins Education Commission (Bd.Ed.) (Item # 73 CCP May 28, 1991) That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED No.118 C. Johnson/complaints vs. Police Department (Police) (Item # 51 CCP May 28, 1991) That the above mentioned Item be and the same is referred to the Committee on Claims. ADOPTED No.119 D. Woods/Neighbor Harassment/134 Mohican (#107 3/5) (Item # 172 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.120 RE: LATIN AMERICAN CULTURAL ASSOCIATION PETITION TO ERECT BANNER ACROSS ELMWOOD AVENUE (ITEM NO. 100, C.C.P., MAY 14, 1991) That the petition of Santiago Masferrer, on behalf of the Latin American Cultural Association, to erect a banner across Elmwood Avenue between 114 and 115 Elmwood Avenue with the theme "From our house to yours" 3rd World Artists Exhibitions, and to remain in place until September, 1991, be, and the same hereby is granted. PASSED AYES-12 NOES-0. No.121 Mr. Amos now took his seat in the Council Chambers ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No.122 RE: BEDC - REVISED VACANT PARCEL LIST NEIGHBORHOOD COMMERCIAL LAND BANK (ITEM NO. 93, C.C.P.,4/30/91) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. ADOPTED No.123 RE: SALE OF VACANT CITY-OWNED PARCELS TO ESTABLISH NEIGHBORHOOD COMMERCIAL LAND BANK (Item No. 195, C.C.P., 4/30/91) That the above item be and the same hereby is received and filed. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. ADOPTED. No.124 Establish Neighborhood Commercial Land Bank (Compt) (Item # 22 CCP Mar 19, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.125 BEDC/Neighborhood Commercial Land Bank (Item #10 CCP Mar 19, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.126 Establish Neighborhood Commercial land Bank (Mayor) (Item # 9 CCP Apr 2, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.127 BEDC/199l-1992 Budget (Item # 80 CCP May 28, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED CATV HON DAVID P. RUTECKI CHAIRMAN No.128 PAPB/Board Position On Operator Issues (Item # 93 CCP Jan 22, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES-PITTS-1 No.129 Opinion/Use of King Ur.Life Center/Public Access (CC) (Item # 51 CCP Jan 8, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES- PITTS- 1. No.130 Diocese Buffalo/Conditions of sale of St. Mary's (Item # 103 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-11 NOES-COLLINS, PITTS-2. No.131 B. Springer/Involvement in BCT Public Access Proposal (Item # 95 CCP Dec 26, 1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES- PITTS- 1. No.132 B. Springer Involvement in BCT Proposal (CC) (Item # 51 CCP Jan 8, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES- PITTS-1 No.133 K. Sherman/Freedom of Information Request/PAPB Records (Item # 90 CCP Feb 19, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES- PITTS-1. No.134 K. Sherman/Reconsider Public Access Award to BCT (Item # 91 CCP Feb 19, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES- PITTS-1. No.135 K. Sherman/Request Hearing on Public Access Contract Award (Item # 118 CCP Mar 18, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES- PITTS-1. No.136 K. Sherman/ Additional Comments BCT Renovation (Item # 107 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES-PITTS-1. No.137 PAPB/Questions on TCI Franchise Agreement (Item # 105 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES- PITTS-1. No.138 RE: CONTRACT TO OPERATE PUBLIC ACCESS CENTER (Item No. 242, C.C.P., 5/28/91) That the above item be and hereby is approved subject to approval as to form by the Department of Law. PASSED AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-10 NOES- ARTHUR, COLLINS, PITTS- 3. RESOLUTIONS No.139 BY: MR. BELL REQUEST CABLE TV AUDIT BY STATE CABLE COMMISSION WHEREAS: The cable television franchise between the City of Buffalo and TCI of Hew York is due to expire in 1994; and WHEREAS: It is important that this Common Council, as the franchising authority, begin the refranchising process as soon as possible In order to ensure that the new contract will be as beneficial as possible for cable subscribers and residents; and WHEREAS: An Integral part of this process Is the assessment of the performance of the current franchisee over the term of the contract; and WHEREAS: The New York State Commission on Cable Television has the resources and capability to assist the Common Council In this effort, providing the diverse knowledge and technical expertise necessary to accurately and thoroughly evaluate the cable system; NOW, THEREFORE BE IT RESOLVED: That this Common Council respectful" request the New York State Commission on Cable Television to perform a technical, customer service, and financial audit of the cable television system in the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON CATV, THE COMPTROLLER, T.C.I. AND NEW YORK STATE CABLE COMMISSION. No.140 BY: MR. COLLINS: BOND RESOLUTION $500,000 SERIAL BONDS A HANDICAP ACCESS PROGRAM FOR VARIOUS CITY SCHOOL BUILDINGS ACCOUNT 200-970-077 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $500,000 SCHOOL SERIAL BONDS OF SAID CITY TO FINANCE THE COST OF A HANDICAP ACCESS PROGRAM FOR CITY SCHOOL BUILDINGS, AT THE ESTIMATED TOTAL COST OF $500,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School Serial Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of a Handicap Access Program for various City school buildings, including reconstruction of ramps and doors and alterations to restrooms. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is Five Hundred Thousand Dollars ($500,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1990-91. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Handicap Access Program 1990-91", Bond Authorization Account No. 200-970-077, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. Current Funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 (a) 35. of the Law, is five (5) years. (b) No down payment is required pursuant to Section 107.00(d) (5) of the Local Finance Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: 1. Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 11, 1991 LAID ON THE TABLE No.141 BY: MR. COLLINS Temporarily change Buell Street to Dignity Circle WHEREAS: The Buffalo Common Council approved the transfer of properties on Buell Street from the City of Buffalo to Women for Human Rights and Dignity, Inc.; and WHEREAS: The New York State Department of Social Services Homeless Housing and Assistance Program has approved the funding application for Women for Human Rights and Dignity, Inc. to build ten (10) units of housing; and WHEREAS: The ground breaking ceremony to signal the start of the 10 unit housing construction is scheduled for June 29,1991 at 9:00 AM; and WHEREAS: To commemorate this special event, Women for Human Rights and Dignity, Inc. is requesting that Buell Street be changed to Dignity Circle for June 29, 1991. NOW, THEREFORE BE IT RESOLVED: That this Common Council request the Public Works Department to temporarily change Buell Street to Dignity Circle for one day, June 29, 1991. ADOPTED, No.142 BY:MR. COLLINS Negotiation of Private Sale 334 Pratt Street WHEREAS: On March 19, 1991 the Buffalo Common Council received and filed (Item 4143 C.C.P. March 19, 1991 Rescind Sale of 334 Pratt Street ; and WHEREAS: On March 12, 1991 the purchaser, Mr. Gus Pratchett came before the Finance Committee meeting to explain his intention to still purchase the property; and WHEREAS: At that meeting the Committee recommended that Mr. Pratchett be given a (60) sixty day extension in order to purchase said property; and WHEREAS: The law department is about to notify Mr. Pratchett that his deposit will be forfeited to the Comptrollers office through no fault of his own; and NOW, THEREFORE, BE IT RESOLVED: The Common Council request the Law Department to authorize a transfer of title on the property known as 334 Pratt Street to Mr. Gus Pratchett; and ADOPTED No.143 BY:MR. COPPOLA 1991 GREATER BUFFALO ITALIAN HERITAGE & FOOD FESTIVAL WHEREAS, the North Buffalo Community Development Corp., the Hertel - North Buffalo Business and Taxpayer Assn.,Inc., and the West Side Business and Taxpayer Assn., Inc. have requested permission to again jointly conduct the Greater Buffalo Italian Heritage and Food Festival, from July IO thru July l4, 1991 on Hertel Avenue; and WHEREAS, these groups are also requesting that Hertel Avenue be closed to traffic between Crestwood and Tennyson Avenues during the above dates, and that the cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma Avenues between Colvin and Delaware be designated festival areas; and WHEREAS, this festival will once again be a major expression of Italian Heritage which includes culture, customs and foods, and will once again attract people from hundreds of miles away; NOW, THEREFORE, BE IT RESOLVED: That the North Buffalo Community Development Corp., the Hertel - North Buffalo Business and Taxpayer Assn., Inc., and the West Side Business and Taxpayer Assn., Inc. are hereby granted permission to jointly conduct the 1991 Greater Buffalo Italian Heritage And Food Festival, subject to the following: A. The festival shall be conducted on Hertel Avenue from July 10 to July 14, 1991 between the hours of 11:00 A.M. and 11:00 P.M., with July 8 from 12:00 Noon and July 9 to be used as set-up days and July 15 to be used as a breakdown day, with traffic to re-commence by noon of that day. B. Hertel Ave., between Crestwood and Tennyson, shall be closed to vehicular and bicycle traffic during the Festival. In addition, cross-streets bounded by Colvin, Linden, Delaware and Tacoma Avenues. including those boundary streets, shall be part of the Festival area, subject to its' rules and regulations. Permitees, with the cooperation of and at the direction of, the Police Depart will furnish and locate barriers to be placed a he beginning time of the Festival and to be removed at the ending of the Festival. C. That the City-owned Residential Area Parking Lot, located behind 1180 Hertel, shall be closed to general use and shall be reserved solely for those residents of Hertel Ave. residing within the festival area, and this restriction shall be enforced strictly by the City and the Festival Committee. D That the Festival Committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Ave. from the easterly side of Colvin to the Westerly side of Delaware Ave., and a banner across Hertel Ave. at Tennyson and at Crestwood, all within conditions specified by the Dept. of Public Works. E. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by the Special Events Committee and the Corporation Counsel. F. Permitees shall assure complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the Festival. G. Permitees shall assume complete responsibility for conducting the Festival in compliance with all the laws and ordinances applicable, and with all directives of the various City departments including Police, Fire, Street Sanitation, Transportation and Public Works. H. Permission is hereby granted for the above under such terms and conditions so as to protect the interests of the City of Buffalo, as set forth by the Special Events Committee. PASSED AYES-13 NOES-0. No.144 BY: MR. COPPOLA REQUEST TO ERECT BANNER FOR 11TH ANNUAL SUBARU FOUR MILE CHASE WHEREAS: The Eleventh Annual Subaru Buffalo Four Mile Chase is scheduled to be held on Saturday, July 20, 1991; and WHEREAS: In order to publicize this event, the race directors have requested permission to display a banner across Elmwood Avenue, between 946 and 951 Elmwood at Bidwell Parkway; and WHEREAS: The proposed dates for displaying the banner are July 2 through July 22, 1991. NOW THEREFORE BE IT RESOLVED THAT This Common Council does hereby grant permission to the organizers of the Buffalo Subaru Four Mile Chase to display a banner on Elmwood Avenue, between 946 and 951 Elmwood at Bidwell Parkway, for the period of July 2 through July 22, 1991, providing that this banner meets all the requirements of all pertinent city departments and violates no existing law or ordinance. PASSED AYES-13 NOES-0. No.145 BY: MR. COPPOLA REQUEST CHANGE IN CITY TRAFFIC ORDINANCE WHEREAS: The City of Buffalo Traffic Ordinances Chapter 479, Section 15, Subsection 21, Parking Prohibited at Intersections and Crossings prohibits parking within 25 feet from the point where the extended adjacent curb lines of intersecting streets meet; and WHEREAS: In some densely populated neighborhoods where parking is a problem because of lack of driveways, 25 feet seems excessive and prevents residents from parking within a reasonable distance of their homes. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Law Department take the necessary steps to change the Traffic Ordinances Chapter 479, Section 15, Subsection 21 to read 15 feet from the point where the extended adjacent curb lines of intersecting streets meet. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF POLICE. No.146 BY: MR. COPPOLA WAIVE INTEREST ON 1660 KENMORE SIDEWALK ASSESSMENT WHEREAS: Sidewalk repair was done at 1660 Kenmore several years ago; and WHEREAS: At the time the sidewalk repair was done the previous owner was not billed by the city, and therefore did not pay for the work done; and WHEREAS: The present owner, Michael Monaco, was not aware of his responsibility to pay for the sidewalk repair; and WHEREAS: Interest has accumulated since then; and WHEREAS: The Claims Committee agreed to waive all interest charges since Mr. Monaco agreed to pay for the cost of the sidewalk repair which totals $1,625.49. NOW THEREFORE BE IT RESOLVED THAT This Common Council acknowledges the fact that Mr. Monaco will pay for the sidewalk repair done and the Claims Committee has agreed to drop all interest charges. PASSED AYES-13 NOES-0. No.147 BY: MR. COPPOLA APPOINTMENTS TO COUNCIL TASK FORCE ON MEDICAL WASTE DISPOSAL OPTIONS WHEREAS: By adopting resolution 195 (C.C.P. May 14, 1991) this Council established a Task Force on Medical Waste Disposal Options which is to be composed of three appointees of the 'WNY Hospital Association and six appointees of the Common Council - three of whom represent environmental organizations, and three of whom represent neighborhoods surrounding hospitals; and WHEREAS: The charge of this Task Force is to increase communication between local hospitals, the Council and the communities surrounding hospitals and to insure that alternatives for medical waste disposal are properly explored and evaluated for their environmental impacts; and WHEREAS: The Environmental Management Commission has requested representation on the Task Force; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby appoints the following individuals to the Task Force on Medical Waste Disposal Options For communities surrounding hospitals: Michael Roberts Michael H. Doran 593 Linwood Avenue 61 Hodge Street Buffalo, NY 14209 Buffalo, NY 14222 Bunny Ross 113 Kensington Avenue Buffalo, NY 14214 For environmental organizations: Crystal Peoples Dr. Frances Edinger Citizen Action of NY Great Lakes United & 433 Franklin Street League of Women Voters Buffalo, NY 14202 1042 Willardshire Orchard Park, NY 14127 Diane Heminway Citizens Environmental Coalition 11149 Dunlop Road Medina, NY 14103 BE IT FURTHER RESOLVED THAT: This Council requests the Environmental Management Commission to appoint a representative to the Task Force. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 12 NOES- RUTECKI- 1. No.148 BY: MR. COPPOLA RETIREMENT INCENTIVE WHEREAS: The State Legislature has authorized this honorable body to provide for retirement incentives for certain city employees by bill A-8478-A; and WHEREAS: If retirement of such employees occurs, significant savings will be realized by the city. NOW THEREFORE BE IT RESOLVED THAT All city employees, who are members of the New York State Retirement System or a participant in an optional retirement program, 55 years of age, and eligible to retire; or in the alternative, have thirty years of service to the city or other eligible government employer, shall in addition to all other benefits granted thereunder be allowed per capita one month's credit for each of his/her first five years of service, and two month's for each successive year up to a maximum per capita of three year's credit provided that any such employee exercise his/her right to retire between October 1, 1991 and December 31, 1991; and BE IT FURTHER RESOLVED THAT Any employee availing himself or herself of this retirement incentive shall forego and otherwise forfeit any other retirement incentive provided to him/her by a collective bargaining agreement. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CORPORATION COUNSEL AND ALL CITY LABOR UNIONS No.149 BY: MR. COPPOLA, MR. FRANCZYK REQUEST APPEARANCE BY COMMISSIONER OF STREET SANITATION DEPARTMENT BEFORE COUNCIL WHEREAS: The residents of the City of Buffalo are suffering from an overabundance of large trash on city streets; and WHEREAS: Many of these large trash piles have been sitting at the curb at least two weeks and continue to be added to; and WHEREAS: Residents were encouraged to place wood and other debris at the curb for composting, much of it being from home carpentry projects, as well as other large trash items; and WHEREAS: Residents are complaining that the large piles of trash ana debris are killing their lawns and creating hazardous conditions in their neighborhoods. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Commissioner of Street Sanitation appear before this body to explain the delay in removing the overabundance of large trash from city streets. ADOPTED No.150 BY: MESSRS. FAHEY AND COPPOLA OPPOSE CUTS ST. MARY'S SCHOOL FOR THE DEAF WHEREAS, New York State's Education Department has recommended funding cuts for St. Nary's School for the Deaf; and WHEREAS, St. Mary's was ordered to eliminate 44 positions in addition to 11 that it had volunteered to cut from its 156 member staff; and WHEREAS, In 1989 Governor Cuomo proposed to end all state funding under Section 4201 of the Education Laws which funds schools for the deaf and blind; and WHEREAS, The State Education Department' s request may be part of a continuing pattern to eliminate St. Mary's School for the Deaf; and WHEREAS, Among the eleven state funded institution that serve the handicapped, only St. Mary's and the Rochester School for the Deaf were directed to make drastic reductions; and WHEREAS, St. Mary's has been providing quality education for Western New York's deaf community and their families for nearly 150 years; and WHEREAS, The State must recognize local needs. NOW, THEREFORE BE IT RESOLVED: That this Common Council opposes the drastic staff cuts slated for St. Mary's School for the Deaf; and BE IT FURTHER RESOLVED: That this Honorable Body requests that the City Clerk send certified copies of this resolution to the Western New York Delegation and the State Department of Education. ADOPTED No.151 BY: MR. FRANCZYK Shea's Buffalo Center for the Performing Arts Restoration Surcharge WHEREAS: Shea's Buffalo has proposed to establish a restoration and capital improvement surcharge on tickets sold at events held in the facility; and, WHEREAS: This surcharge proposal is based on the user surcharge plan that failed to pass in the Common Council at the May 28, 1991 meeting; and, WHEREAS: Shea's Buffalo has drafted a detailed plan that might prove feasible for implementation at all city owned venues; and, WHEREAS: Shea's Buffalo should be commended for taking the initiative on providing a revenue stream for ongoing repairs and renovations during this period of severe government funding cutbacks. NOW THEREFORE BE IT RESOLVED: That this Common Council requests that Shea's Buffalo provide further information on this proposal; and, BE IT FURTHER RESOLVED: That Board and Staff of Shea's Buffalo appear before this Common Council to explain this proposal. REFERRED TO THE COMMITTEE ON LEGISLATION AND SHEA'S O'CONNELL THEATER No.152 BY: MR. HIGGINS Authorization to Apply for Land and Water Conservation Fund Grant Whereas, $1,000,000 in Land and Water Conservation Fund grants are available for the acquisition and development of outdoor recreation areas; and Whereas, the New York State Office of Parks, Recreation and Historic Preservation is currently accepting preliminary applications for grants under the Land and Water Conservation Fund, whose deadline for submission is May 31, 1991; and Whereas, the Department of Community Development is preparing a preliminary application, on behalf of the City of Buffalo, to acquire a 49.5 acre parcel, commonly known as "Gallagher Beach," from the Niagara Frontier Transportation Authority for future recreational development; and Whereas, the Land and Water Conservation Fund grant will be matched by $236,500 in City or Community Development Block Grant funds. Now, therefore, be it resolved by the Common Council of the City of Buffalo: That While this Common Council supports the development of the said site, the approving resolution should not be construed as the City conceding the issue of ownership; and That as plans are prepared for the development of the site design, provisions are made for the Pedestrian Greenway Trail at said site, pursuant to the City of Buffalo's adopted Local Waterfront Revitalization Plan; and Be it further resolved that: The Mayor of the City of Buffalo be, and hereby is, authorized to submit a Land and water Conservation Fund Preliminary Application to the New York State Office of Parks, Recreation and Historic preservation; and That the Mayor of the City of Buffalo be, and hereby is authorized to enter into and execute project agreements for such financial assistance, upon such terms and conditions prescribed therefore by the State; and That the Mayor of the City of Buffalo be, and hereby is authorized to execute whatever other documents or take measures which are necessary to effectuate such financial assistance. PASSED AYES-13 NOES-0. No.153 BY: MR. HIGGINS HOMESTEADING PORTIONS OF PROVIDENCE STREET WHEREAS: This Common Council authorized the discontinuance and abandonment of Providence Street, between Folger and Hopkins Streets, for public purposes; and WHEREAS: Several residents have now expressed interest in those parcels not acquired in 1983. NOW THEREFORE BE IT RESOLVED THAT This Common Council authorize the City Comptroller to negotiate with all interested for those remaining parcels on Providence Street. BE IT FURTHER RESOLVED: As a condition all parcels transferred are to be used for residential use only. PASSED AYES-13 NOES-0. No.154 BY: MESSRS. HIGGINS AND PERLA REQUEST ENVIRONMENTAL MANAGEMENT COMMISSION TO TAKE LEAD ON HAZARDOUS WASTE SITE TASK FORCE WHEREAS: This Common Council adopted resolution 231, C.C.P. Hay 28, 1991 - "Pressing for Action -Hazardous Waste Sites"; and WHEREAS: This resolution established a Task Force on Hazardous Waste Sites whose role is to facilitate communication between the City, State agencies and the public regarding the cleanup of hazardous waste sites; and WHEREAS: The Environmental Management Commission is an ideal body to organize and coordinate the City's participation in this Task Force because of its expertise in environmental issues and its role as an advisor to the City and its departments on environmental matters; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Environmental Management Commission to organize and coordinate the City's participation in the Task Force on Hazardous Waste Sites; and BE IT FURTHER RESOLVED THAT: This role will include researching hazardous waste issues, educating and preparing city participants in the Task Force, helping to shape the City's priorities for hazardous waste remediation, and meeting the administrative and staffing needs of the Task Force; and BE IT FINALLY RESOLVED THAT: In order to promote citizen involvement and public education concerning the hazardous waste issue the following citizens are hereby added to the Task Force: Laurel Knight Anthony Luppino Citizens Campaign for Great Lakes United & the Environment Citizen Action of NY 262 Pennsylvania St. 543 Busti Avenue Buffalo, NY 14201 Buffalo, NY 14201 Rev. James R. Josey Kingsley Park Coalition 1308 Jefferson Avenue Buffalo, NY 14208 ADOPTED. No.155 BY: MRS LOTEMPIO DISTRIBUTION OF SEXUAL MATERIAL ON SCHOOL PROPERTY WHEREAS: Act Up of Western New York recently distributed a leaflet entitled "Safe Sex: a How-To Guild," to students of some Buffalo Public Schools; and WHEREAS: The leaflet was explicit in nature, questionable in taste, and could be Interpreted as promoting sexual activity; and WHEREAS: The leaflet was passed out in public areas adjacent to some of the city schools; and WHEREAS: While sex education is an integral part of school curriculum, it should be presented In a respectful, professional and dignified manner consistent with classroom instruction, and not on the streets of the City; and WHEREAS: Although the Constitution guarantees the right of expression, the methodology of presenting the leaflet and the nature of its contents raise questions as to the legal implications of the actions of Act Up as this explicit material could easily fall into the hands of impressionable youngsters; and NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that the Corporation Counsel address the legal implications of Act Up distributing sexually explicit materials to minors; and BE IT FURTHER RESOLVED: If existing and applicable statutes do not adequately restrict actions of this nature, the Corporation Counsel is hereby directed to draft an ordinance that prohibits the distribution of sex related materials which are not part of the standard curriculum on school grounds in the City of Buffalo. Mr. Fahey moved to refer the above item to the Committee on Legislation, Commissioner of Police, the Board of Education and the Erie County District Attorney; seconded by Mr. PerIa. Mrs. LoTempio now moved to amend the above by deleting the second resolve. Carried. Mrs. LoTempio now moved to amend the above item by adding a new second resolve reading as follows: Now Therefore Be It Resolved: That the Corporation Council is hereby directed to draft an ordinance that regulates the distribution of sex related materials which are not part of the standard school curriculum to students in the City of Buffalo. Seconded by Mr. Amos. Carried. AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI- 11 NOES- ARTHUR, BELL- 2 Mr. Fahey now moved to refer resolve #1 to the Committee on Legislation, the Commissioner of Police, the Board of Education and the Erie County District Attorney; and to adopt Resolve # 2 only; seconded by Mrs. LoTempio. Adopted AYES- 13 NOES-0. No.156 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 01-1 CITY CLERK The Common Council of the City of Buffalo do ordain as follows: That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 01-1 City Clerk is hereby amended by adding thereto: "240 - Local Government Record Management Improvement Grant" 20 Intern IV Hourly$6.00 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, CHARLES L. MICHAUX, III, City Clerk and THOMAS F. KEENAN, Director of the Budget, hereby certify that the creation of 20 Intern IV (Hourly) positions is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned positions, containing a statement of the duties of such positions, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed positions. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL PASSED AYES- 13 NOES-0. No.157 BY : MR. PITTS RULING OF BOARD OF ELECTIONS ON CITY OF BUFFALO REAPPORTIONMENT WHEREAS: The Mayor of the City of Buffalo has signed Local Law No. 12 on May 30, 1991. This Local Law reapportions the Common Council Districts within the City, and WHEREAS: The Local Law does not go into effect until forty-five days which is approximately July 15, 1991, and WHEREAS: The current political calender stipulates that the Council District elections will take place this Fall. The first day to circulate Nominating Petitions will be June 17, 1991. They are to be filed with the Board of Elections by July 16-22, 1991, and WHEREAS: The July 15th effective date of the Reapportionment Local Law raises the question of which Council boundaries will be used by the Board of Elections to determine Designating Petitions. NOW THEREFORE BE IT RESOLVED THAT: The Common Council request the Erie County Board of Elections to rule on which District Council boundaries they will use to determine Designating Petitions. BE IT FURTHER RESOLVED THAT: The Common Council request the Erie County Board of Elections to rule before June 17, 1991. Mr. Fahey moved to receive and file the above item; seconded by Mr. Franczyk. Mr. Collins now moved as an amendment to refer the item to the committee on Legislation and the Board of Elections; seconded by Mr. Pitts. ADOPTED AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS, RUTECKI- 7 NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 6. No.158 BY: MR. PITTS PUBLIC REFERENDUM LOCAL LAW NO. 12 REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WHEREAS: The Common Council at a special meeting held May 24, 1991 passed Local Law No. 12 which reapportions the Council Districts within the City of Buffalo. This Local Law was signed by the Mayor on May 30, 1991, and WHEREAS: The Mayor did not hold a public hearing on this Local Law which is unprecedented in the light of the City Charter provision which stipulates that the Mayor shall hold a public hearing on all Local Laws before he acts upon it, and WHEREAS: There were many groups in the City who wanted to appeal to the Mayor not to enact the proposed Citizen's Committee Reapportionment plan especially since their proposed changes to the plan were ignored by the Common Council, and WHEREAS: The Corporation Counsel has ruled that the Mayor was not required to hold a public hearing citing the State Municipal Home Rule Law. This opinion is questionable at best, especially in the light of the Charter's more restrictive requirement, and WHEREAS: Local Law No. 12 having been signed on May 30, 1991 does not become effective until 45 days later, approximately July 15, 1991. This law is subject to referendum if petitions are filed within that period of time, and WHEREAS: In the event no petition is filed the Common Council may submit the plan to referendum by the adoption of a resolution, and WHEREAS: The Citizen's Commission Plan as amended by the Common Council was formulated in just two weeks. The plan has caused tremendous dissension within the City. Apparently its approval has been rushed by a self-interested majority on the Common Council, which includes the Mayor who refused unusually to hold a public hearing, and WHEREAS: Alternate plans were submitted to the Common Council which were not allowed to be discussed, nor were there any opportunities for negotiations to take place to propose changes to the Citizen's Commission Map. A public hearing was held by the Common Council, its purpose however, was to only satisfy the law to hold one, not to provide meaningful input, which could have led to a compromise. A genuine effort to compromise would avoid a costly court suit and the exacerbation of sensitive issues involving race and neighborhoods, and WHEREAS: The City of Buffalo needs to avoid a potentially explosive situation involving reapportionment based upon a politically expedient process. All of the citizen's of the City. should be allowed to have input into the final adoption of a reapportionment plan. NOW THEREFORE BE IT RESOLVED THAT: The Common Council submit Local Law No. 12 as approved on May 24, 1991 to public referendum at the General Election to be held in November 1991. Mr. FAHEY moved to receive and file the above item; seconded by Mr. Higgins. Mr. Amos now moved to amend said item and refer to the Committee on Legislation and the Board of Elections; seconded by Mr. Bell Lost AYES- AMOS, BELL, COLLINS, COPPOLA, PITTS-5 NOES- ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 8. Mr. Fahey now moved his original motion to receive and file the above item; seconded by Mr. Higgins ADOPTED AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 7 NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS- 6. No.159 BY: MR. RUTECKI: Felicitations and/or InMemoriams Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for 20TH ANNIVERSARY OF NO. BUFFALO & LEXINGTON CO-OPS By Councilmember FAHEY 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.160 BY MR. RUTECKI APPOINTMENTS COMMISSIONERS OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 3l, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Laurence F. Adamczyk Marcy L. Dahl Ada L. Deans Betsy W. Decker Kimberly M. Decker Glenn Franklin Gaskill Tracy A. Kelly John P. Liberti Stephen Liberti James E. Payne Deborah Major TOTAL:11 ADOPTED No.161 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, 19923 conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Mary E. Balducci Marie K. Dalfonse Raymond R. Dalfonse Louis C. Watson Joseph T. Hartrich Kevin P Montgomery TOTAL: 6 ADOPTED. UNFINISHED BUSINESS No.162 Bond Resolution - $120,000 - Watermains-Kensington Exp. (Com. 197, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 197, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES- 13 NOES-0. No.163 Bond Resolution - $250,000 - Watermains-Genesee (Com. 198, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 198, C.C.P., May 28, 1991 be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.164 Bond Resolution - $400,000 - Watermains-Gibson (Com. 199, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 199, C.C.P., May 28, 1991 be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.165 Bond Resolution - $ 1,000,000 - Watermains-Grote/Amherst (Com. 200, C.C.P., May 28, 1991) MR, FAHEY moved that Item No. 200, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.166 Bond Resolution - $ 1,500,000 - Watermains-Various (Com. 201, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 201,C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.167 Bond Resolution - $1,600,000 - Watermains-Amherst-Linden (Com. 202, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 202, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.168 Bond Resolution - $ 1,750,000 - Watermains-Porter (Com. 203, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 203, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.169 Bond Resolution - $15,000 - Future Academy Plgd (Com. 204, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 204, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr.Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.170 Bond Resolution - $20,000 - School 19 Playground (Com. 205, C.C.P., by 28, 1991) MR. FAHEY moved that Item No. 205; C.C.P., by 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.171 Bond Resolution - $20,000 - Ellicott Dist. Sidewalks (Com. 206, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 206; C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above it: be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.172 Bond Resolution - $30,000 - CRUCIAL Bldg. (Com. 207, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 207, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.173 Bond Resolution - $35,000 - Ellicott St. Light. Impr. (Com. 208, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 208, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.174 Bond Resolution - $45,000 - School 74 Cafeteria (Com. 209, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 209, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES- 0. No.175 Bond Resolution - $60,000 - Imp. Kleinhans Area (Com. 210, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 210, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No. 176 Bond Resolution - $75,000 - Squaw Island Remediat. (Com. 211, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 211, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES- 13 NOES-0. No.177 Bond Resolution - $95,000 - Rec. Impr. Zoo (Com. 212, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 212, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES- 13 NOES-0. No.178 Bond Resolution - $110,000 - Impr. Var. Plgds. (Com. 213, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 213, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.179 Bond Resolution - $135,000 - Req/Impr. 1170 Broadway (Com. 214, C.C.P., May 28, 1991) MR. FAHEY moved that Item: No. 214, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES- 13 NOES-0. No.180 Bond Resolution - $165,000 - Lighting Var. Parks (Com. 215, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 215, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos. CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.181 Bond Resolution - $210,000 - Rec. Imp. S.Bflo. River (Com. 216, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 216' C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.182 Bond Resolution - $190,000 - St. Mary Sorrows Ch. (Com. 217, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 217, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos. CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.183 Bond Resolution - $235,000 - Fruitbelt Co. Ctr. (Com. 218, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 218, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos. CARRIED. MR. FAHEY-moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.184 Bond Resolution - $285,000 - Sidewalks/No.So.Dists. (Com. 219, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 219, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item: be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.185 Bond Resolution - $1,000,000 - Kleinhans Music Hall (Com. 220, C.C.P., May 28, 1991) MR. FAHEY moved that Item No. 220, C.C.P., May 28, 1991, be taken from the table. Seconded by Mr. Bakos CARRIED. MR. FAHEY moved that the above item be approved. Seconded by Mr. Bakos PASSED AYES-13 NOES-0. No.186 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES CIVIL SERVICE Tuesday, June 18, 1991 9:30 AM FINANCE Tuesday, June 18, 1991 Immediately Following Civil Service LEGISLATION Tuesday, June 18, 1991 2:00 PM ECON. DEVELOPMENT Wed., June 19, 1991, 10:00 AM ANCILLARY COMMITTEES Taylor Law Impasse Thursday, June 13, 1991 10:30 PM No.187 Adjournment On motion by Mr. Fahey, Seconded by Mr. Franczyk the Council adjourned at 4:05 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.