Loading...
HomeMy WebLinkAbout91-1015 No. 19 Common Council Proceedings of the City of Buffalo Regular Meeting, October 15, 1991 MAYOR Hon. James D. Griffin COMPTROLLER JOEL A. GIAMBRA COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Eugene M. Fahey COUNCILMEMBERS-AT-LARGE Clifford Bell Eugene M. Fahey Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola - Delaware James W. Pitts - Ellicott David A. Franczyk - Fillmore Norman M. Bakos - Lovejoy David A. Collins - Masten Carl A. PerIa Jr. - Niagara David P. Rutecki - North Brian M. Higgins - South Archie L. Amos, Jr. - University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : James W. Pitts, Chairman, George K. Arthur, Eugene M. Fahey, Carl A. Perla, Jr., Alfred Coppola Members CLAIMS COMMITTEE: Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk, Carl A. Perla, Jr., Archie L. Amos Jr. Members ECONOMIC DEVELOPMENT COMMITTEE : Clifford Bell, Chairman, Archie L Amos, Jr., David A. Franczyk, David Collins, Alfred Coppola, James W. Pitts, Members. FINANCE COMMITTEE : David Collins, Chairman, David A. Franczyk, Carl A. PerIa, Jr., Clifford Bell, Brian M. Higgins, Eugene M. Fahey, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M. Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members RULES COMMITTEE : George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts, Members URBAN RENEWAL: Archie L. Amos, Jr., Chairman, David A. Franczyk. Joel A Giambra, Brian M. Higgins, James W. Pitts. SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV : Hon. David P. Rutecki, Chairman, Hon. Archie L. Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W. Pitts. SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT : David A. Collins, Chairman DOWNTOWN STADIUM OPERATOR : Alfred T. Coppola, Chairman, David A. Franczyk, David A. Collins, Archie L. Amos, Jr. SPECIAL COMMITTEE ON RECODIFICATION: Rosemarie LoTempio, Chairman, Clifford Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F. Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee. COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE : James F. August, James W. Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio, David Collins, Carl A. Perla, Jr.. SPECIAL COMMITTEE-TAYLOR LAW IMPASSE : Carl A. Perla, Jr., Chairman, Alfred T. Coppola, James W. Pitts PARKS DEPARTMENT OVERSIGHT COMMITTEE : James W. Pitts, David A. Franczyk, Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John Scardino, Jr., Representative of the Friends of Olmstead Park, Representative of Delaware Park Steering Committee Representative of Martin Luther King Park Steering Committee, Representative of the Friends of Cazenovia Casino. SPECIAL COMMITTEE - NEGOTIATE ERIE BASIN MARINA LEASE David P. Rutecki, Chairman, James W. Pitts, Carl A. Perla, Jr., David P. Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee. TASK FORCES TASK FORCE ON FEE INCREASES: Clifford Bell, Chairperson, Alfred T. Coppola, Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members. JUVENILE DELINQUENCY TASK FORCE : Christine Garmon, , Commissioner Ralph Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan. TASK FORCE ON DOWNTOWN PARKING : Leona N. Backus, Alfred H. Savage/Designee, Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr. Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T. Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,., HISPANIC TASK FORCE: David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus, Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr., Michael Rivera, Louis Rodriguez, Marcelina Rondon. TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS: Hon. Carl A. Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger LoRusso /Designee/, Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee, Samuel F. Houston /Designee, Joseph V. Schollard /Designee, Vincent Pellittieri /Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl /Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke, Cathy Szczesny, Kathy Mecca, Members. TASK FORCE- AUDITORIUM-STADIUM: Hon. James W. Pitts, Chairman, Hon. Vincent Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola, Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary Martino/Designee, Hon. Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach. TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR: Jim Forton, Chairperson, Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague, Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman. NOISE ORDINANCE TASK FORCE : State Senator Anthony Masiello, Assemblyman William Hoyt, Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi, Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci, Bernadette Tomaselli, Jean Willett. CHILD CARE TASK FORCE : Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim, Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw, Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary Randolph. MEDICAL BENEFITS TASK FORCE: Richard J. Piontek, Larry Insinna, Mary Ann Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J. Carella, John Walker, John D. Smith. COUNCIL REPRESENTATIVES: BUFFALO URBAN RENEWAL AGENCY: Alfred T. Coppola, George K. Arthur, David A. Collins. ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE : Charles Ruff, Joseph Makowski, Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella, Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha Morgan, Susan Curran. WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE : Hon. David A. Collins, Chairman, Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski, Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO Tuesday, October 15, 1991 at 2:00 P.M. PRESENT - David A. Franczyk, President Pro Tempore of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla, Pitts, Rutecki - 12. ABSENT - Council President George K. Arthur (Acting Mayor)- 1. On a motion by Mr. Fahey, seconded by Mr. Bakos, the minutes of the stated meeting held October 1, 1991, were approved FROM THE MAYOR No. 1 Veto Message - Appointments of System Support Specialists Item Nos. 96 and 97, C.C.P., 10/1/91 I am compelled to veto the referenced appointments to the position of System Support Specialists. As I pointed out in my earlier communication to you, these purported appointments are to positions that were not validly created. Therefore, the appointments are also invalid. The Corporation Counsel has advised you to the same effect. Mr. Fahey moved to Override the Mayor's Veto of Item Nos. 96 and 97, C.C.P., 10/1/91 - Appts. of System Support Specialists. Seconded by Mr. Collins. REPASSED AYES- 12 NOES- 0. No. 2 Appointment of Member of Buffalo Board of Education East District Pursuant to the powers vested in me in Article 52, Section 2553 of the Education of Law of the State of New York, please be advised that I have appointed Robert Flowers, 55 Littlefield Avenue, Buffalo, New York 14211, to the Buffalo Board of Education, East District. This appointment fills the vacancy created by the resignation of former East District member Frank Jager. Mr. Flowers served as the East District Board Member from July l, 1980 to January 15, 1989, after being elected three separate times by East District voters. Mr. Flowers earned a Bachelor of Arts Degree in Economics and Public Administration from Canisius College and is currently working on a Masters' Degree in Educational Administration also at Canisius College and is working as a Financial Specialist with the Erie 1 Board of Cooperative Educational Services (BOCES). In the past, Mr. Flowers proved to be a dedicated and hard working Board member. Based on his experience and education, there can be little doubt he will serve with equal distinction in the future. Should Mr. Flowers choose to seek election to this position in 1992, East District voters will decide his fitness for office. In the meantime, it is important to the children of the Buffalo School District to have a full complement of board members who are qualified to serve. For all of these reasons, Mr. Flowers is fully qualified to serve on the Buffalo Board of Education. I am recommending your approval of this appointment. REFERRED TO THE COMMITTEE OF THE WHOLE AND THE CORPORATION COUNSEL. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 3 J. Giardino - Request to encroach in the right-of-way at 268 Main St. with projecting signs. Item No. 37, C.C.P., September 17, 1991. The City Planning Board at its regular meeting held Tuesday, October 8, 1991 considered the above request pursuant to Section 413-56 of the Buffalo Code, Right-of-way Encroachments. The Planning Board voted to receive and file the matter, since Your Honorable Body has already approved the applicant's request for the two encroaching signs. RECEIVED AND FILED. No. 4 R. Chainani - Request to convert 1122-1124 Elmwood to a takeout restaurant. Item No. 87, C.C.P., October 1, 1991. The City Planning Board at its regular meeting held Tuesday, October 8, 1991, considered the above application pursuant to Section 511-56, the Elmwood Business District. The applicant seeks to convert a vacant storefront into a takeout restaurant. The gross floor area of the proposed conversion is approximately 700 square feet in area. If this were new construction and not conversion of an existing building, the ordinance would require five off-street parking spaces. It should be noted, however, that public parking facilities exist within 1000 feet of the site under review. The site is located in the Elmwood Business District which considers the establishment of eating and drinking places to be restricted uses requiring the approval of Your Honorable Body. Under S.E.Q.R., the proposed conversion is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed conversion with the condition that any accessory signage for the restaurant be no greater than 35 square feet and attached flat against the building. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 5 Department of Community Development Waterfront Redevelopment Major Plan Change for a portion of Parcel 20. The City Planning Board at its regular meeting held Tuesday, October 8, 1991 considered a major plan amendment for the Waterfront Redevelopment Project (NYR-35) which involves the creation of a new parcel, 20A, from within the existing Parcel 20. Parcel 20 contained 259,132 square feet. The new parcel 20A will be 52,830 square feet therefore reducing Parcel 20 to 206,302 square feet. In addition to this reconfiguration, the land use designation for parcel 20A will change from residential-medium density to a commercial community business district. The development being proposed for parcel 20A will be for the Buffalo Hearing and Speech Center. Pursuant to state law, the City Planning Board conducted a public hearing on the matter. Opponents and proponents of the plan amendment were invited to speak. After hearing from personnel from the Department of Community Development, the City Planning Board voted its unqualified approval. The Board voted unqualified approval because it felt that the proposed use, i.e. the Buffalo Hearing and Speech Center, would complement the existing residential and commercial development in the area. Moreover, it was felt that since one of the principal clients of the center is the Buffalo Board of Education, the center's proximity to the Waterfront School would be a positive factor. Lastly, the Board notes that under S.E.Q.R., the proposed action, since it involves a change of use, would be considered an unlisted action which may be studied through uncoordinated review. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CITY PLANNING BOARD. FROM THE BUFFALO PRESERVATION BOARD No. 6 Membership Change - Buffalo Preservation Board Please be advised that Dr. Willis R. Siener, Executive Director of the Buffalo and Erie County Historical Society, has designated Dr. Thomas E. Leary to replace him on the Buffalo Preservation Board. This provision is pursuant to Chapter 337, Article II, Section 337-3-B of the Preservation Standards, whereby the Director of the Historical Society is empowered to appoint a designee to serve on the Board. A current membership list is attached for your information. If you have any questions, please contact me at extension 5071. RECEIVED AND FILED. FROM THE COMPTROLLER No. 7 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $1,702 be transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: BUFFALO, NEW YORK, OCTOBER 3, 1991 RECEIVED AND FILED. No. 8 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $2,600 be transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: BUFFALO, NEW YORK, OCTOBER 7, 1991 RECEIVED AND FILED. No. 9 Certificate of Necessity Transfer of Funds Appropriation Allotments - Exempt Items - Water Enterprise Fund - Water We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $4,000 be transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items -Water, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, October 4, 1991 RECEIVED AND FILED. No. 10 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - REGULAR DEPARTMENTS COMMON COUNCIL We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $15,000 be transferred and reappropriated from various accounts in Appropriation Allotments - Regular Departments, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: BUFFALO, NEW YORK, OCTOBER 8, 1991 RECEIVED AND FILED. No. 11 Certificate of Necessity Transfer of Funds Appropriation Allotments - Capital Projects Fund Division of Engineering We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $50,000 be transferred and reappropriated from various accounts in Appropriation Allotments - Capital Projects Fund - Division of Budget & Management, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, October 7, 1991 RECEIVED AND FILED. No. 12 Certificate of Necessity Increased Appropriation Appropriation Allotments - Capital Outlay We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $155,700 in the estimates for the fiscal year beginning July 1,199115 necessary in Appropriation Allotments - Various Departments, Capital Outlay to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 Reserved Fund Balance for Capital Budget Appropriations not otherwise appropriated for any other purpose. The details of this increased appropriation are set forth below: Dated: Buffalo, New York, October 10,1991 RECEIVED AND FILED. No. 13 Interfund Cash Loans for Capital Projects Due to changes in the Internal Revenue Code enacted in 1986, I have had to develop new procedures to implement the financing of the Capital Improvements Budget. One of these procedures is an interfund loan from the City General Fund to the City, Board and Enterprise Capital Projects Funds. The interfund loan will then be repaid when Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance various projects and we will not reenter the bond market until more projects have requested funding. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $20,000 for Improvements to School 19 Playground. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen. 200 Capital Proj 200-601-033 BAN/ Bond Sale $ 20,000 MR. FAHEY moved: That the communication from the Comptroller dated October 10, 1991 be received and filed; and That the Comptroller be and he hereby is authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $20,000 for improvements to School 19 Playground. PASSED. AYES- 12 NOES- 0. No. 14 Lease Purchase of Computer Peripheral Upgrade The Data Processing Division of the Department of Audit and Control request the approval of the Common Council on the acquisition thru lease purchase of an upgrade to our present computer system. The equipment was justified in the 1991 92 budget and the monies are available in the 1991 Appropriation. Attachments: (1) Pertinent Information on Hardware (2) Legal Opinion REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Results of Negotiations 276 Cedar, W 330' S Broadway Vacant Lot: 25' x 132' Assessed Valuation: $430 Item #15, C.C.P. 12/26/90 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Wylie Horton, Jr. residing at 274 Cedar Street, Buffalo, New York. Mr. Horton has improved and maintained this property for a number of years as additional yard space. An independent appraisal of the property was conducted by Dennis R. Walker, Able Appraisal Associates, 2560 Bailey Avenue, Buffalo, New York 14215. Mr. Walker has estimated the fair market value of the subject property to be Three Hundred and Sixty Dollars ($360). This represent approximately Fourteen Dollars ($14) a front foot. The Division of Real Estate investigated the sales of similar properties in the area and has determined that the average front foot prices are approximately Twenty-Four Dollars ($24) a front foot. This would indicate a value of approximately Six Hundred Dollars ($6.00) for the subject property. The results of our negotiations are that Mr. Horton has agreed and is prepared to pay Five Hundred Dollars ($500) for the subject property. He has also agreed to pay for the cost of appraisal, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 276 Cedar Street to Mr. Wylie B. Horton, Jr. 274 Cedar Street, Buffalo, New York 14202 for the sum of Five Hundred Dollars ($500). MR. FAHEY moved: That the above communication from the Comptroller dated October 8, 1991, be received and filed; and That the offer of Mr. Wylie Horton, Jr. residing at 274 Cedar Street in the sum of $500.00 to purchase 276 Cedar Street be and hereby is accepted; and That the appraisal report, requested by the City, and transfer tax, will be paid by the purchaser; and That a search will not be furnished purchaser; and no survey will be furnished purchaser; and That a commission is not expected to be paid; and That the Mayor be, and he hereby is, authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED AYES- 12 NOES- 0. No. 16 Demolition of Vacant House 172 Carlton Item #88, C.C.P. 10/1/91 The above item has been referred to the Comptroller's Office, Division of Real Estate, for a report. According to Assessment's records the subject property is owned by Michael A. Tabone, P.O. Box 741, Williamsville, New York. The City of Buffalo Property Taxes are current and the property has not been listed in any prior City or County In-Rem Proceeding. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 CERTIFICATE OF APPOINTMENT Appointment to become effective October 3, 1991 in the Department of Audit and Control Accounting Division, Albert J. Renzoni 20 Brost St. Buffalo, N.Y. 14220, to the position of Supervising Accountant, Permanent Contingent at the starting salary of $36,275. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 18 Bond Cancellations 449-51 Vermont Street It is hereby certified that the two (2) bonds described below be cancelled: Principal: Anthony A. Occhino Surety: Fidelity and Deposit Company of Maryland Amount: $5,000.00 each Dated: February 27, 1946 Structures: 550 Gallon Gas Tank 250 Gallon Gas Tank Location: 449-51 Vermont Street These bonds are no longer required due to the fact that the gas tanks have been certified as removed by the Department of Fire, Bureau of Fire Prevention. The above captioned bond should be deemed released and cancelled as to future liability in accordance with the provisions of the City Ordinances. RECEIVED AND FILED. No. 19 Monthly Report Licenses Issued September 1991 I am respectfully submitting the enclosed report of licenses issued in the month of September 1991 by the Division of License. RECEIVED AND FILED. No. 20 Bond Fund Authorization Elevator Telephones City Hall Council authorization to use Capital Projects Fund 008 to install vandal resistant emergency telephones in the two (2) low rise automatic elevators per attached proposal. Vendor: Otis Elevator 1175 Military Road Buffalo, NY 14217 Amount: $1,262.00 MR. FAHEY moved: That the communication from the Commissioner of Public Works dated September 25, 1991, be received and filed; and That the Commissioner of Public Works be and he hereby is authorized to execute an informal contract with the Otis Elevator Company in the amount of $1,262.00 for the installation of two vandal resistant emergency telephones. Funds are available in the Capital Projects Fund 008. PASSED AYES- 12 NOES- 0. No. 21 Permission to Advertise for Bids for Reconstruction of Jefferson Avenue I hereby request your Honorable Body's authorization to prepare reports, plans, and specifications, and to advertise and accept bids for work on the following project. Design, inspection, and supervision of such work to be charged as indicated. 1. Jefferson Avenue - Group #329 - CPF #200-401-526 Pavement Reconstruction - High Street to Broadway REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Emergency Repair Water Main Memorial Auditorium Memorial Auditorium Emergency repair to water main. Vendor: Carino Plumbing 419 Auburn Avenue Amount: $5,257.60 Please be advised that, on 9/11/91, the water main adjacent to Memorial Auditorium broke. All water service to the building was discontinued as a result of this break. The Division of Buildings called in Carino Plumbing to immediately perform emergency repairs at a total cost in labor and materials of $5,257.60. RECEIVED AND FILED. No. 23 Emergency Repair Plumbing and Hot Water Boiler Bennett Beach Bennett Beach Emergency purchase of materials to restore plumbing and hot water supply. Vendor: Seneca Plumbing 192 Seneca St. Amount: $6,391.51 The above mentioned emergency purchase of materials was necessitated by the fact that the City of Buffalo was committed to opening Bennett Beach the week of July 4, 1991. To comply with Erie County Health Laws relative to sanitary conditions in the restrooms at Bennett Beach, we emergency ordered $6,391.51 of materials from Seneca Plumbing to bring these facilities in compliance with local health laws. RECEIVED AND FILED. No. 24 Exterior Stair Reconstruction Buffalo Museum of Science Buffalo, New York As authorized by Your Honorable Body in Item No. 38, CCP September 2, 1980, I advertised for on August 27, 1991 and received the following sealed proposals which were publicly opened and read on September 10, 1991. Vara Science 54,000 Nichter Associates Inc. 61,300 LCP Construction 62,281 Amherst Construction 74,700 I hereby certify that the foregoing is a true and correct statement of all bids received and that Vara Science in the amount of $54,000.00 is the lowest responsible bidder in accordance with the plans and specification. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-072- Division of Buildings. Estimate for this work was $54,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Change in Contract New Parkside Entrance Buffalo Zoological Gardens Buffalo, New York I herewith submit to Your Honorable Body the following change in contract for the New Parkside Entrance, Buffalo Zoological Gardens, Buffalo, New York, Grand Island Electric Inc., C-91633900: l. Add fifteen (15) wall receptacles and relocate two (2) existing floor receptacles from the cashier to the center of the Gift Shop as shown on Drawing SK- 1, revised date September 6, 1991. ADD 870.00 This work was requested by the Zoological Society. The foregoing change results in a net increase in the contract of Eight Hundred Seventy and 00/100 Dollars ($870.00). Summary original Amount of Contract $43,287.00 Amount of this change (No. l) ADD 870.00 Revised Amount of Contract $44,157.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-070 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. MR. FAHEY moved: That the communication from the Commissioner of Public Works dated October 2, 1991 be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to Grand Island Electric Inc. in the amount of $870.00 for additional work under Contract C-9l633900 for work relating to Buffalo Zoological Gardens with said cost to be charged against Bond Fund #200-402-070. PASSED. AYES- 12 NOES- 0. No. 26 Change in Contract New Roof, Exterior Renovations Elephant House Buffalo Zoo I herewith submit to Your Honorable Body the following change in contract for the New Roof, Exterior Renovations, Elephant House, Buffalo Zoo, LCP Construction Co. C-9l635900: l. Reconstruct existing skylight frames, wood on upper skylights, steel on lower skylights replacing all deteriorated sections. ADD $3,380.00 When the Glazer inspected the skylights for glass replacement it was observed that some of the skylight members had deteriorated enough to warrant replacement. The foregoing change results in a net increase in the contract of Three Thousand Three Hundred Eighty and 00/100 Dollars ($3,380.00). This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for the work are in Acct No. 100-402-031-00560 -Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. MR. FAHEY moved: That the communication from the Commissioner of Public Works dated October 7, 1991 be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to LCP Construction Co. in the amount of $3,380.00 for additional work under Contract C91635900 for work relating to the elephant house at Buffalo Zoo with said cost to be charged against Account #l00-402-03l-00560 -Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 27 Change in Contract Reconstruction of Cazenovia Park Casino Buffalo, New York I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Cazenovia Park Casino, Buffalo, New York, Ajax-Smith, Inc. C-91531100: Items requested by the Parks Department. l. N&S ramp walls. no change 2. Random brick concrete cap etc. no change 3. Access door in lieu of man door. DEDUCT 250.00 4. Stone face panels at 2nd floor, sandblasting 2nd floor panels, in lieu of thoro sealing. DEDUCT 144.00 5. Kitchen cabinets and counter tops. ADD 3,000.00 5a. Kitchen counter shutters. ADD 3,300.00 6. Security screen all 1st floor windows. ADD 2,495.00 7. Patch concrete floor at old serv. house. ADD 720.00 8. Added railings at ramps. ADD 2,375.00 Additional work ordered in the field. 1. In lieu of repointing chimney as specified, tear down, replace flue tile, rebuild chimney and pour chimney cap. ADD 1,053.00 2. Build 12" brick walls w/precast caps at front decks of north and south porch wall. ADD 2,786.00 3. Form and pour concrete at north porch wall. ADD 300.00 4. Form and pour concrete to close openings at north and south porch deck ramps. ADD 300.00 5. Patch concrete floor at south portico. ADD 550.00 6. Build solid block fire wall in basement and install fire door at basement stair. ADD 1,600.00 7. Clean out blockage in chimney and install three new flues. ADD 900.00 8. Added concrete sidewalk at north end. ADD 325.00 9. Remove existing front window and install glass block. ADD 310.00 10. Omit face brick at end ramps. DEDUCT 2,890.00 11. Omit two windows. DEDUCT 300.00 12. Omit one basement hand rail. DEDUCT 300.00 Some of these changes were requested by the Parks Department and some were required due to problems discovered during demolition of portions of the structure. The foregoing change results in a net increase in the contract of Sixteen Thousand One Hundred Thirty and 00/100 Dollars ($16,30.00) Summary Original Amount of Contract $321,336.00 Amount of this change (No. 1) ADD 16,130.00 Revised Amount of Contract $337,466.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public works and found to be fair and equitable. Funds for this work are in B/F 200-402-516 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. MR. FAHEY moved: That the communication from the Commissioner of Public Works dated October 8, 1991 be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to Ajax-Smith, Inc. in the amount of $16,130.00 for additional work under Contract #C91531100 for work relating to Cazenovia Park Casino with said cost to be charged against Bond Fund #200-402-516 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 28 Change in Contract Reconstruction of Pools Various Locations - 1991 Buffalo, NY I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Pools, Various Locations - 1991, Gerald T. Stay Co. C-91602600: 1. Paint J.F.K. Swimming Pool. ADD $14,400.00 2. Paint Kensington Swimming Pool ADD $14,400.00 We painted both pools two (2) coats P&L paint as requested by the Erie County Health Department. The foregoing change results in a net increase in the contract of Twenty-eight Thousand Eight Hundred and 00/100 Dollars ($28,800.00). Summary Original Amount of Contract $107,700.00 Amount of this change (No. 1) ADD 28,800.00 Revised Amount of Contract $136,500.00 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 B/F 200-402-063 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. MR. FAHEY moved: That the communication from the Commissioner of Public Works dated October 7, 1991 be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to Gerald T. Stay Co. in the amount of $28,800.00 for additional work under Contract C91602600 for work relating to reconstruction of pools- various locations - 1991, with said cost to be charged against Bond Fund #200-402-063 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 29 Change in Contract Reconstruction of Precinct #4 485 Michigan Avenue Buffalo, New York I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Precinct #4, Goodwin Electric Co., C-9l582500: 1. Furnish and install four new fluorescent light fixtures and relocate four other light fixtures. ADD $1,025.00 This is a request from the Police Department for additional lighting in the building. The foregoing change results in a net increase in the contract of One Thousand Twenty-five and 00/100 Dollars ($1,025.00). Summary Original Amount of Contract $2,525,000.00 Amount of this Change (No. 1) ADD 1,025.00 Revised Amount of Contract $2,526,025.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-075 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. MR. FAHEY moved: That the communication from the Commissioner of Public Works dated October 8, 1991 be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to Goodwin Electric Co. in the amount of $1,025.00 for additional work under Contract C91 582500 for work relating to reconstruction of Precinct #4 with said cost to be charged against Bond Fund #200-402-075 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 30 Change in Contract #1 South Park - Colgate to Dorrance Gr. #315 Contract #91607000 Collana Brothers Const. Co., Inc. Item No. 33, C.C.P. 4/2/91 I hereby submit to your Honorable Body the following change in contract for the above named project. The original contract did not include a new signal system mid block between Okell and Ridgewood. Upon request from the South Buffalo Community Association our consultant, Tallamy, Van Kuren, Gertis & Associates, investigated and concurred that a signal was warranted. The contractor, Collana Brothers, has submitted a price of $5,338 for additional items not already included in the contract. This price has been reviewed and recommended for acceptance by our consultant engineer. Contract Summary Original Contract Amount $1,430,695 Change Order #1 + $5,338 New Total $1,436,033 MR. FAHEY moved: That the communication from the Commissioner of Public Works dated October 4, 1991 be and the same hereby is received and filed; and That the Commissioner of Public works be and he hereby is authorized to issue a change order to Collana Brothers Const. Co., Inc. in the amount of $5,338.00 for additional work under Contract #91607000 for work relating to South Park between Colgate to Dorrance. PASSED. AYES- 12 NOES- 0. No. 31 Change in Contract University Heights Community Center Buffalo, New York I herewith submit to Your Honorable Body the following change in contract for the University Heights Community Center, Concept Construction Co., C-91592600: 1. Demolition of an existing sidewalk elevator at the south-east corner of the site, on Main St. that was hidden under the sidewalk. ADD$ 339.00 2. Removal of 216 cubic yards of unsuitable material from site (demolition debris from former residential structures buried under parking lot) and replacement with select fill. ADD $9,810.00 3. Install additional handrail on stairs to comply with the NFPA 101 code requirement adopted as a reference standard to the New York State Uniform Prevention and Building Code. ADD $2,300.00 4. Install exit devices on doors #6, 7 & 12 to provide free and unobstructed egress from the day care center for code compliance and to install deadlocks in opening #147 to provide integrity of opening protective in the rated wall between the kitchen and the lunch/activity room. ADD $2,023.00 The foregoing change results in a net increase in the contract of Fourteen Thousand Four Hundred Seventy-two and 00/100 Dollars ($14,472.00). Summary Original Amount of Contract $2,525,000.00 Amount of this change (No. 1) ADD $14,472.00 Revised Amount of Contract $2,539,472.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architects, Milstein, Kwapisz & Assoc. and the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-518 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. MR. FAHEY moved: That the communication from the Commissioner of Public Works dated October 8, 1991 be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to Concept Construction Co. in the amount of $14,472.00 for additional work under Contract C9159 2600 for work relating to University Heights Community Center, with said cost to be charged against Bond Fund 1200-402-518 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 32 Reduction in Retention University Heights Community Center Construction for the new University Heights Community Center is currently 50% complete. The various contractors listed below have requested that their retention be reduced from 10% to 5% and this has been recommended by the consulting architect, Milstein, Kwapisz & Associates and this department. Concept Construction Co. C9l592600 Joseph Carino Plumbing C9l606800 Joseph Davis, Inc. C9l605200 Warrens Electric C9l605l00 It is respectfully requested that Your Honorable Body authorize the reduction of retention from 10% to 5% for the above contracts upon their completing 50% of their respective contracts. MR. FAHEY moved: That the communication from the Commissioner of Public Works dated October 9, 1991 be received and filed; and That the Commissioner of Public Works be and he hereby is authorized to reduce retention from 10% to 5% for the following contractors and respective contracts: Concept Construction Co. C9l592600 Joseph Carino Plumbing C9l606800 Joseph Davis, Inc. C9l605200 Warrens Electric C9l605l00 PASSED. AYES- 12 NOES- 0. No. 33 Closing and Abandonment of a portion of Amelia Street The Department of Inspections and Community Revitalization is presently developing a much needed housing site in the vicinity of New Abby Street and Amelia Street. Amelia Street is an undeveloped, unpaved paper street that forms a very cumbersome intersection with New Abby Street. In order to improve this intersection and to provide additional land so that the existing vacant lots might be properly developed, I'm requesting that the following described portion of Amelia Street be officially closed and abandoned by Your Honorable Body and the abandoned portion of Amelia Street be made available to the Department of Inspections and Community Revitalization for residential development. PORTION OF AMELIA STREET TO BE CLOSED AND ABANDONED All that tract or parcel of land situate in the City of Buffalo, County of Erie and State of New York, being part of the dedicated right-of-way of Amelia Street in Lot 16 of the Ogden Gore Tract and as shown on the amended Sub Division map of the South Parkside Land improvement Co. as filed in the Erie County Clerk's office in map cover 377 and being more particularly described as follows: Beginning at a point in the east line of Abby Street two hundred seventeen and twenty eight hundredths (217.28) feet north of the north line of Lackawanna Avenue, said point being the point of intersection of the east line of Abby Street with the southeasterly line of Amelia Street and continuing thence northerly and along the east line of Abby Street seventy seven and fifty two hundredths (77.52) feet, more or less, to the point of intersection of the east line of Abby Street with the southeasterly line of New Abby Street; Running thence northeasterly and along the southeasterly line of New Abby Street fifty one and fifty eight hundredths (51.58) feet, more or less, to a point of intersection formed by the westerly extension of the present south line of Amelia Street with the southeasterly line of New Abby Street; Running thence easterly and along the above described extension of Amelia Street eighty one and forty three hundredths (81.43) feet to an angle point in the present south line of Amelia Street; Running thence southwesterly and along the present southeasterly line of Amelia Street one hundred forty' seven and eighty five hundredths (147.85) feet, more 'or less, to the point of beginning, containing 6273 square feet, or 0.144 acres of land, more or less. The parcel of Amelia Street above described contains a sewer line and possibly other underground utilities. I would therefore recommend that the closing and abandonment be made subject to the following conditions: The closing of the portion of Amelia Street will not become final until permanent easements are provided for all underground utilities presently under the parcel in question. 2. The closing of 'the portion of Amelia Street will not become final until the filing of the deed conveying the parcel in question is filed in the office of the Erie County Clerk. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE. No. 34 Separation of Yard Waste from Garbage Item No. 178, C.C.P. 10/01/91 The above referenced item has been sent to this department for review and comment. It requests that this department, in consultation with the Corporation Counsel and the Street Sanitation Department, draft an ordinance amendment to mandate the separation of yard waste from garbage by the citizens of Buffalo. Please be advised that this department, in cooperation with the Streets Department and the Parks Department, has delivered 6,249,720 pounds of yard waste to Parker Bay Consultants, Inc. for composting (8/26/90 -10/4/91). This department is currently working on an ordinance amendment to mandate the separation of recyclables from solid waste for all segments of our City (multiple dwellings, commercial, institutional and industrial locations) to meet the New York State Department of Environmental Conservation deadline of September 1992. We look forward to working with the Corporation Counsel's Office, Streets Department and Your Honorable Body in the creation of these new ordinances. RECEIVED AND FILED. FROM THE COMMISSIONER OF PARKS No. 35 REPORT OF BIDS - CAZENOVIA ICE RINK CONCESSION Item #62, C.C.P. 09/03/91 As authorized by your Honorable Body, this department prepared plans and specification for the Cazenovia Ice Rink Concession. Advertisement for proposal was handled by the Division of Purchase. The September 25, 1991 bids are as follows: NAME OF BIDDER AMOUNT OF BID Edward PalIon $1,000.00 41 S. Whispering Lane Hamburg NY 14075 Lucian J. Miller $3,044.00 2568 Rte. 39 Collins, NY 14034 I hereby certify that Lucian J. Miller was the high bidder for the Cazenovia Ice Rink Concession in the amount of $3044.00. Attached are copies of the tabulations and bid proposals. Upon your approval, we will request the Law Department to proceed with drawing up a contract. I respectfully request Your Honorable Body approve the awarding of this concession to the highest responsible bidder. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 RENEWAL OF CAZENOVIA PARK GOLF COURSE REFRESHMENT CONCESSION Item #163, C.C.P. 05/05/87 Your Honorable Body authorized award of a five (5) year contract to Mr. Ed Fallon at Cazenovia Golf Course in the annual bid amount of $4,800.00. The original proposal that Mr. Fallon submitted allows for a conditional renewal of an additional five (5) years. Mr. Fallon has been one of our most reliable concessionaires, is currently in good standing and has submitted a letter outlining the services and improvements that he has provided over the last five (5) years. I respectfully request Your Honorable Body to approve a five (5) year extension for Mr. Ed Fallon. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 R. Bevis- Water leak caused by Forestry Div.- 293 Riley Item 80 C.C.P. 10/1/91 On 9/19/91, the Forestry Department removed the stump and did indeed damage the water box causing a leak in the water line at 293 Riley Street. The information was given to the Public Works Commissioner who advised me that the Water Department was too back logged to make the necessary repairs. The only solution available at this time is to have the owner have the line repaired and file a claim against the City of Buffalo for the cost of the repairs. The Parks Department apologizes to the owner for the inconvenience this has caused. REFERRED TO THE COMMlTTEE ON FlNANCE. FROM THE COMMISSIONER OF POLICE No. 38 Cancellation of Surety Bonds It is hereby certified that the commissions of the following named Special Policemen have been cancelled and the $2,500.00 surety bond covering them is no longer required and should be deemed released as to future liability in accordance with the provisions of Section 47 of the Charter as amended: David M. Jones, T.C. McClain Guard and Patrol Services, Principal: Maryland Casualty; James A. Riley, M.D. Assoc., Principal: Western Surety; Scott Heider, B.N.R. Collision, Principal: Western Surety. RECElVED AND FILED. No. 39 Waive Bid, Contract & Bond Procedures Boiler-635 Elk Street I respectfully request that formal bid, contracting and bond procedures be waived so we may purchase a gas fired hot water boiler and hot water tank for the Community Services building at 635 Elk Street. The building does not have a boiler and the hot water tank must be replaced. Due to the onset of colder weather and the fact we will be taking over the building shortly, we find that a boiler must be installed immediately. I have secured bids from the following: Fanaras Plumbing and Heating Co. $15,541.00 Blue Flame Heating and Cooling $18,707.00 Elmwood Plumbing $27,000.00 Fanaras Plumbing and Heating as low bidder is known to be a local, responsible and reliable company: They have the parts on hand and would start work at once. Their price is fair and equitable. With your kind approval of the above I would like to award this work to Fanaras Plumbing and Heating. In connection to the above request the Buffalo Police Department and the Mobil Oil Company have agreed to amend the lease for 635 Elk Street (C.C.P. #106, 10-1-91) to include the following: In consideration of the Mobil Oil Company leasing the premises at 635 Elk Street to the City for $1 per year, the City agrees to furnish the building with a furnace at its own expense. This is with the contingency that the Buffalo Police Department will occupy the building for at least 5 years. In the event that the City vacates the building before this term is up, the City will have the right to take possession of said furnace or Mobil will be able to purchase the furnace at a price agreed upon by both parties. Your kind approval is appreciated. MR. FAHEY moved: That the communication from the Commissioner of Police, dated October 9, 1991, be received and filed; and That the Commissioner of Police be and he hereby is authorized to award an emergency contract waiving formal bidding, contracting and bond requirements to Fanaras Plumbing and Heating Co., in the amount of $15,541.00, the lowest of three informal bids received, for the purchase and installation of a boiler and hot water tank at 635 Elk Street, a building leased for the Police Department's Community Services Program. PASSED AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI- 11. NOES- COLLINS- 1. FROM THE CORPORATION COUNSEL No. 40 RESCIND SALE OF 469 EAST DELAVAN AVENUE PURCHASER: 473 EAST DELAVAN INC. ITEM NO. 25, C.C.P., DECEMBER 13, 1988 The above item was passed by Your Honorable Body during your meeting of December 13, 1988. Mr. James E. Breier, Jr., the President of 473 East Delavan Inc., has not responded to communications from the Law Department to effect conveyance of said property. Said officer of the corporation was properly informed regarding forfeiture of their 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. MR. FAHEY moved: That the above communication from the Corporation Counsel be received and filed; and That the action of the Common Council under Item No. 25, C.C.P., December 13, 1988 authorizing the sale of 469 East Delavan Avenue to 473 EAST DELAVAN INC., be and the same hereby is rescinded, the deposit is forfeited and the premises returned to the Comptroller for future sale or transfer. PASSED. AYES- 12 NOES- 0. No. 41 Compromise of Claim for Wages .and Medical Bills Paid on Behalf of Police Officer Robert Quintana On August 21, 1990 a vehicle owned by Cynthia A. Sellick and driven by Timothy C. Frey was involved in a traffic accident with a Buffalo police motorcycle driven by Police Officer Robert Quintana near 1877 Seneca Street. Officer Quintana sustained serious injuries. No claim has been filed by either Mrs. Sellick or Mr. Frey pertaining to this matter. The City of Buffalo paid Officer Quintana's wages and medical bills in the amount of $14,387.27, which is also the amount of claim the City has against any money received by Officer Ouintana from a lawsuit. Additionally, the motorcycle was deemed a total loss in the amount of $1,652.51, however, the City recovered this amount from Liberty Mutual, the insurance carrier of Mrs. Sellick. The Officer sued Mrs. Cynthia A. Sellick, the owner of the vehicle for his injuries. Since July of 1991, this office has had discussions with Officer Quintana's attorneys. They have notified us that Sellick's automobile insurance carrier, Liberty Mutual, has offered the personal injury policy limits of $10,000.00 to settle this case. Out of this $10,000.00 settlement; Officer Quintana would receive $5,695.00 for pain and suffering, his legal fee would amount to $2,805.00 and the City of Buffalo would receive $1,500.00. The Law Department recommends acceptance of this settlement offer for the following reasons: Mrs. Sellick is a young widow, unemployed with three children and is receiving public assistance. She has no assets and is therefore judgment proof. If this settlement is not accepted, the City of Buffalo would have to commence its own law suit. Aside from the costs of litigation, it is possible that the City may not be successful in recovering any amount. Therefore it is respectfully requested that Your Honorable Body authorize the Corporation Counsel to settle this matter for the sum of $1,500.00. MR. FAHEY moved: That the communication from the Corporation Counsel, dated October 3, 1991, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to settle a claim for wages and medical bills paid on behalf of Police Officer Robert Quintana in the amount of $1,500.00 (One Thousand and Five Hundred Dollars) to be paid by Liberty Mutual Insurance Company, carrier for Cynthia A. Sellick whose vehicle was involved in a traffic accident with a Buffalo Police motorcycle driven by Officer Quintana. PASSED. AYES- 12 NOES- 0. No. 42 Settlement Of Property Damage, Collection Matter City of Buffalo v. Lucy Corigliano On September 21, 1988, a vehicle owned and operated by Lucy Corigliano was involved in a traffic accident with an undercover police vehicle near the intersection of Oak and Clinton Streets. No claim was filed by Lucy Corigliano pertaining to this matter. The City of Buffalo initiated a lawsuit in this matter in the amount of $2,500.00. Aetna Insurance, the carrier for Ms. Corigliano has offered to settle this lawsuit for the sum of $1,800.00. The Law Department recommends acceptance of this settlement offer for the following reasons: The age (1979 model), mileage and extensive damage sustained to this vehicle did not warrant its repair - the vehicle was determined to be a total loss. It was subsequently sold at City Auction. The National Automobile Dealers Association replacement value of this vehicle ranges between $1,750.00 to $2,500.00. Furthermore, additional costs would be incurred in placing this case on the trial calendar and in discovery costs. Therefore, it is respectfully requested that your Honorable Body authorize the Corporation Counsel to settle this matter for the sum of $1,800.00. MR. FAHEY moved: That the communication from the Corporation Counsel, dated September 26, 1991, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to settle a property damage claim with Aetna Insurance, carrier for Lucy Corigliano, in the amount of $1,800.00 (One Thousand and Eight Hundred Dollars) for damages caused by Ms. Corigliano's auto to an undercover police vehicle. PASSED. AYES- 12 NOES- 0. No. 43 Request Cancellation Of Sidewalk Assessment For 49 Parkside Item No. 42, C.C.P. 10/1/91 Based on the above communication from the Commissioner of Public Works and pursuant to the Buffalo Code, Sec. 413-45, it is the opinion of the Law Department that the assessment was properly and lawfully made and that abatement of same would constitute a gift of public funds prohibited by the New York State Constitution. REFERRED TO THE COMMlTTEE ON CLAIMS. No. 44 J. Aaron and Others, Request Demolition of 172 Carlton Street Item No. 88, C.C.P., October 1, 1991] I note that you have referred the referenced petition to the Department of Inspections and Community Revitalization as well as to this Department. It is respectfully submitted that the Department of Inspections and Community Revitalization is the more appropriate department to address the issue for it possesses the personnel with the requisite expertise to determine the validity of the petitioner's claims that the property constitutes a fire and health hazard. Should that department substantiate the claims and determine the property should be demolished, this department pledges its assistance and cooperation in the event problems of a legal nature are encountered. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Ownership of former Goldome Parking Lot Item No. 61, C.C.P. 10/1/91] You have requested the Law Department to review a copy of the temporary lease between BURA and Snyder Property I for the operation of 11-23 West Mohawk Street as a public parking lot. We have done so and find the lease to be in proper form. The only point which may warrant clarification regards the refunding of fees and revenues found in paragraph 8. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Opinion Amend Minimum Manpower - Section 245 You asked whether Section 245 of the City's Charter may be amended without a referendum. Among other things, Section 245 sets a minimum of 44 police officers per precinct. The exact text of Section 245 is as follows: "The minimum number of police officers assigned to police stations shall be forty-four, each police station shall have a minimum of three patrol cars assigned per shift, and each police station shall be open twenty-four hours a day unless otherwise established by the Common Council." Section 245 became law as a result of the approval of Local Law No. 7, 1987 by a referendum to the electorate. Section 23 of the Municipal Home Rule Law required a referendum because Local Law No. 7 curtailed the power of the Mayor to assign police officers. For the same reason, any change in the minimum number of officers per precinct will require another referendum. In written opinions on March 25, 1988 and July 11, 1988 the Corporation Counsel advised you that a referendum was required for such contemplated changes to Section 245. The Joint Commission on Police Department Reorganization at its meeting on April 6, 1988 received identical advice in the form of testimony from a representative from the Law Department. The argument has been advanced that the concluding phrase of Section 245 - "unless otherwise established by the Common Council" - provides the right of the Common Council to change the minimum staffing level. The argument fails because long accepted rules of statutory construction and the dictates of elementary grammar compel the conclusion that the phrase applies solely to the immediately antecedent concept relating to the hours police stations shall be open. Further, an examination of the text of the question presented to the electorate leaves no doubt that when the voters approved the establishment of a minimum of 44 officers, they only approved later Common Council action with respect to hours of operation, not staffing levels. As our earlier opinions pointed out, the number of precincts may be changed as provided in Section 225 of the Charter. If you approve a reduction in the number of precincts, for example, you need not change the minimum staffing requirement. If you change the minimum staffing level, a referendum will be necessary. REFERRED TO THE POLICE REORGANIZATION COMMISSION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 47 Contract Amendment - Service Building at Fountain Plaza Item #66 C.C.P. - July 23, 1991 Please receive and file this item as the matter has been resolved. RECEIVED AND FILED. No. 48 R. Chainani - Request to convert 1122-1124 Elmwood Avenue to a take-out restaurant. Item No. 87, C.C.P., October 1, 1991. Attached for your information is the Short Environmental Assessment Form for the matter captioned above. REFERRED TO THE COMMlTTEE ON LEGISLATION. No. 49 Waterfront Redevelopment major plan change for a portion of Parcel 20. Attached for your information is the Short Environmental Assessment Form for the matter captioned above. REFERRED TO THE COMMITTEE ON ECONOMlC DEVELOPMENT. No. 50 Waterfront Redevelopment Project NYR-35 Disposition Parcel 19F - 68 Carolina Approval of LDA - Downtown Nursing Home/Waterfront Health Care Center, Inc. The City of Buffalo Urban Renewal Agency duly designated Downtown Nursing Home/Waterfront Health Care Center, Inc., and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 51 Request Overtime Information from Commissioner of Street Sanitation Item #168, C.C.P. October 1, 1991 I was informed that the Street Sanitation Department overtime resolution is scheduled for your committee on Tuesday, October 8, 1991. I will be on vacation from the 5th. to the 11th. of October. and will be unable to attend this meeting. I will gladly attend your next meeting. RECEIVED AND FILED. No. 52 Request Ordinance amendment requiring separation of yard wastes from garbage Item # 178, C.C.P. October 1, 1991 I see no problem with picking up this compost material and can meet with all involved to put this resolution into effect. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 53 TRANSFER OF TITLE 85 DOYLE (C.C.P. #70 September 17, 1991) In response to the Common Council's concerns regarding 85 Doyle; a letter sent by Geoffrey K. Klein, Esq. was not received by the Department of Inspections & Community Revitalization. Our first recorded contact with Mr. Klein was on June 26, 1991, when our Urban Homestead Program staff person took a request to homestead a portion of 85 Doyle by telephone. This request was then processed like all other requests, which is to: (1) Check for suitability as a new construction site (2) Check the property tax status of the potential homesteader (3) Check for any interest by adjacent property owners (4) Check for appropriate Zoning compliance concerning the requested use of the property and also check if the property is in an urban renewal area (5) Prepare a council item for signature by the Commissioner of Inspections and Community Revitalization and the City Comptroller The above procedures were followed, however, the required signatures were not obtained prior to the Council's August recess. Subsequently, the item in question was submitted for the first council meeting scheduled in September. Furthermore, Council Member Rutecki requested to look at the file for 85 Doyle Avenue on September 5, 1991 and the staff person responsible for this program showed the file to Mr. Rutecki and provided him with the same information contained in this correspondence. Any delay in processing the request to homestead a portion of 85 Doyle was due to a missing letter sent by the attorney representing the owners of 83 Doyle Avenue. Requests to homestead vacant city owned land should be made in writing to the Commissioner of Inspections and Community Revitalization, Room 324 City Hall, Buffalo, New York 14202, Attention: Joseph Pandolfino. A follow-up telephone call to the homestead staff person, Mr. Joseph Pandolfino, 851-5066, is also recommended. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Clinton-Emslie New Housing Project Phase I Approval of Land Disposition Agreement Gal/Van Developers, Inc. The City of Buffalo Urban Renewal Agency duly designated Gal/Van Developers, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: l. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 55 Clinton-Emslie New Housing project Phase II and Valley New Housing project Approval of Land Disposition Agreement Burke Brothers Construction The City of Buffalo Urban Renewal Agency duly designated Burke Brothers Construction, and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: l. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 56 Clinton-Emslie New Housing Project Phase III Approval of Land Disposition Agreement Marrano/Marc Equity Corporation The City of Buffalo Urban Renewal Agency duly designated Marrano/Marc Equity Corporation, and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: l. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 57 Emslie NDP New Housing Project Approval of amendment to Land Disposition Agreement M.J. Ogiony Builders, Inc. The City of Buffalo Urban Renewal Agency duly designated M.J. Ogiony Builders, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: l. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving amended Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 58 Hewitt-Robbins New Housing Project Approval of amendment to Land Disposition Agreement M.J. Peterson Development Corp. The City of Buffalo Urban Renewal Agency duly designated M.J. Peterson Development Corp., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: l. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving amended Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 59 Lease Agreement with B.E.D.C. Attached herewith for your approval is a lease agreement between the City of Buffalo and the Buffalo Enterprise Development Corporation (B.E.D.C.) The B.E.D.C. has entered into a lease agreement with the General Motors Corporation (G.M.C.) to lease G.M.C. property at its Harrison Division site adjacent to East Amherst street. The attached lease between the City and B.E.D.C. provides for a B.E.D.C. sublease to the City of the G.M.C. property that includes four acres of land and 16,000 square feet of office building, garage, and shop space. It is necessary for the City to lease the G.M.C. property from the B.E.D.C. in over to provide space for the towing and storage operation of the Division of Parking Enforcement. The towing and storage operation is located currently at 189 Tonawanda street at the former Pratt-Letchworth facility. The City received notice, in a letter dated August 13, 1991, from Mr. Peter R. Elia of the 189 Tonawanda Street Corporation that the City should vacate the 189 Tonawanda Street site by October 16, 1991. The towing and storage operation has been located at 189 Tonawanda Street since June 30, 1990 when it was required to move from its former location, adjacent to the Police garage, by the owners of that property, National Fuel Gas Corporation. At that time a temporary agreement was reached with the 189 Tonawanda Street Corporation to move the towing and storage operation to its present site. The lease agreement between the B.E.D.C. and G.M.C. provides the B.E.D.C. with a right of first refusal to buy the entire Harrison plant in 1993 when G.M.C. plans to vacate the plant. A portion of lease payments made to G.M.C.. C. would be applied to the purchase price. One advantage of such an arrangement is that it gives the B.E.D.C. the ability to protect the City's interests in the redevelopment of the former Harrison plant. Another advantage is that in the event B.E.D.C. purchases the plant and secures other tenants the City's rent could be reduced significantly. The City, the B.E.D.C., and Councilmember Amos held a hearing for residents who live near the G.M.C. site and heard concerns from the residents about the relocation of the towing and storage operation there. The City is prepared to address each and every concern of area residents so the City's presence at the G.M.C. Site can prove to be of mutual benefit to the City and area residents. I ask that your honorable body approve the attached lease agreement. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, KEN-BAILEY NHS AND BLOCK CLUB COUNCIL, KEN-BAILEY COMMUNITY CENTER AND BAILEY-AMHERST BUSINESS ASSOCIATION. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 60 Job Description-Director of Substance Abuse Pursuant to the meeting held Wednesday, October 2, 1991, I am submitting information requested by Councilmen, James W. Pitts, Chairman of Civil Service Committee, regarding, the job description of the Director of the Div. of Substance Abuse. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 61 Waiver of Requirement for Performance Bond for Autosamation Co., Inc. for Purchase of Plow Caster Wheels for the Div. of Inventory & Stores Bids were opened September 10, 1991, for 100 plow caster wheels. Five bids were received and the lowest bidder meeting specifications was Autosamation Co., Inc., 15 Webster Street, North Tonawanda, NY., who bid $96.96 each for a total of $9,696.00. They submitted a check for $969.60 with their bid (10%). We have purchased plow parts from this vendor for several years and find them to be very reliable. Therefore, I am requesting permission to waive the bonding requirement for purchases over $5,000, as per C.C.P.#183, dated 12-08-87, because of the difficulty of a smaIl business such as this obtaining a bond. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 62 Auction of Surplus Equipment Department of Street Sanitation On October 8, 1991, the Department of General Services accepted sealed bids for the disposal of surplus equipment from the Dept. of Streets Sanitation. Enclosed are bid summary page reflecting all bids received as well as photographs of the items available as surplus. Request your approval to dispose of these items to the high bidder as indicated on the bid summary page. REFERRED TO THE COMMITTEE ON LEGlSLATION. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No. 63 Eligible Lists - Substance Abuse/License Div. Per your request of September 24, 1991, attached herewith please find a copy of the eligible lists for all titles of positions in the Division of Substance Abuse Services: Assistant Director of Substance Abuse Services Assistant Director of Substance Abuse Services (HIV Control Program) Case Manager Clinical Counselor Counselor II Counselor III Senior Counselor Senior Substance Abuse Specialist Substance Abuse Specialist Vocational Counselor Also attached is a copy of the eligible list for License Inspector which will expire on October 14, 1991. I trust this satisfies your inquiry. If you have any questions in this regard, please contact this office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 64 EAF-Purchase of Land-28 Hertel Enclosed please find a draft environmental assessment for the sale of bonds for the purchase of 28 Hertel Avenue (Item 164, C.C.P. October l, 1991 - "Bond Res. - $150,000- Acq. Land- Hertel Avenue") This draft has been prepared for Council review and adoption, with any revisions the Council may care to make, to it, prior to the adoption of- Item 164 which is currently tabled before the full Council. MR. FAHEY moved: That the communication from the Common Council Staff, dated October 10, 1991, be received and filed; and That "Sale of bonds for the purchase of 28 Hertel Avenue" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II); 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. AYES- AMOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 7. NOES- BAKOS, BELL, COLLINS, COPPOLA, PITTS- 5. No. 65 Mayor Reported Out of State Enclosed herewith is a letter from the office of the Hon. James D. Griffin, Mayor, reporting his absence from the State from 11:00 A.M. Wednesday, October 2, 1991, until 3:00 P.M. Wednesday, October 2, 1991, and, also, from 10:00 A.M. Tuesday, October 15, 1991, until 4:00 P.M. on Tuesday, October 15, 1991. RECEIVED AND FILED No. 66 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. Chipmunks Chipmunk, Inc RECEIVED AND FILED. No. 67 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- Joseph Ferraro Parks- Josephine Krajnik RECEIVED AND FILED. No. 68 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 Home Improvement Advisory Board Municipal Housing Authority Youth Board RECEIVED AND FILED. No. 69 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 Sept. 30, 1991 in the Department of City Clerk, Brian Colistra, 117 Loring Ave., Buffalo, NY 14208 to the position of Intern IV, seasonal at the starting salary of $6.00 per hour., No. 70 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 STADIUM AND AUDITORIUM Appointment to become effective Sept. 30, 1991 in the Department of Stadium and Auditorium, Division of Memorial Auditorium, Patrick Farry,26 Regent St., Buffalo, NY 14206 to the position of Laborer, Seasonal, at the starting salary of $5.98 per hour. FROM THE DEPARTMENT OF AUDIT AND CONTROL Appointment to become effective October 28, 1991 in the Department of Audit and Control, Division of Data Processing, Michael V. Kujawski, 4561 Dartmouth Ave., Buffalo, NY 14215 to the position of Computer Programmer, permanent at the starting salary of $27,080 FROM THE DEPARTMENT OF PARKS Appointment to become effective October 8, 1991 in the Parks Department, Division of Recreation to the position of Rink Attendant, Seasonal at the starting salary of $4.50 per hour. Frank Langdon 311 Downing Buffalo, New York 14220 Lisa Terkula 2283 Seneca Street Buffalo, New York 14210 Kathleen Williams 95 Wingate Buffalo, New York 14216 Kevin Comerford 743 McKinley Buffalo, New York 14220 Michael Dennehy 154 Esser Buffalo, New York 14207 Nicole Evans 163 Dearborn Buffalo, New York 14207 John Fracos 21 Peoria Buffalo, New York 14207 Linda Pernick 18 Wyandotte Buffalo, New York 14207 William Fletcher 283 Skillen Buffalo, New York 14207 Appointment to become effective October 8, 1991 in the Parks Department, Division of Recreation to the Position of Fee Collector seasonal at the starting salary of $4.75 per hour. Jeanne Faliero 55 Spaulding Buffalo, New York 14220 Jennifer Danahy 75 Shenendoah Buffalo, New York 14220 Appointment to become effective October 7, 1991 in the Parks Department, Division of Recreation to the Position of Refrigeration Plant Engineer, seasonal at the Starting Salary of: $6.64 per hour. Daniel Griffin Sr. 28 Robins Buffalo, New York 14220 John Kubala 25 Bridgeman, Buffalo, New York 14207 Edward Standish 17 Imson Buffalo, New York 14210 Howard Melcher 210 Riverside Buffalo, New York 14207 Paul Higgins 182 Kentucky Buffalo, New York 14204 Michael Barren 29 Wheelock Buffalo, New York 14206 Walter Burshtynski 126 Bird Avenue Buffalo, New York 14213 John Marchitte 430 14th Street Buffalo, New York 14213 Joseph Trillizio, 3 Condon St., Buffalo, NY 14207 Appointment to become effective October 8, 1991 in the Parks Department Division of Recreation to the Position of Refrigeration Plant Engineer, seasonal at the Starting Salary of: $6.64 hour. Patrick Downs 168 Harding Buffalo, New York 14220 Timothy Higgins 110 Ridgewood Buffalo, New York 14220 Appointment to become effective in the Parks Department, Division of Recreation, Patrick McNamara, 389 Abbott Rd., Buffalo, NY 14220 to the position of Refrigeration Plant Engineer, Seasonal at the starting salary of $6.64 per hour. Appointment to become effective Sept. 27, 1991 in the Parks Department, Division of Recreation, Wayne A. Mack, 28 Avondale Ave., Buffalo, NY 14220 to the position of Laborer II, Seasonal at the starting salary of $6.65 per hour. Appointment to become effective Sept. 27, 1991 in the Parks Department, Division of Recreation, Daniel Demyanick, 33 Linwood Ave., Buffalo, NY 14209 to the position of Fee Collector, Seasonal at the starting salary of $6.65 per hour. Appointment to become effective Sept. 27, 1991 in the Department of Parks, Division of Recreation to the Position of Laborer I ;Seasonal at the starting Salary of $6.65 per hour. Patrick Fray 113 Schutrum Buffalo, New York 14212 John Fisher 127 Densmore Buffalo , New York 14220 John Glynn 215 Sanders Buffalo, New York 14216 David Norris 52 Euclid Buffalo, New York 14210 Kenneth Stevens 106 Timon Buffalo, New York 14211 Jack Stewart 247 Bristol Buffalo, New York 14206 FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment to become effective October 3, 1991 in the Department of Human Division of Youth, Tara Crenshaw, 544 Minnesota Ave., Buffalo, NY 14215 to the position of Community Aide, Temporary at the starting salary of $5.25 per hour. Appointment to become effective October 3, 1991 in the Department of Human Resources, Division of Youth, Duane Brewer, 54 Hudson St., Buffalo, NY 14201 to the position of Community Field Worker, Temporary at the starting salary of $6.30 per hour. Appointment to become effective Sept. 30, 1991 in the Department of Human Resources Division of Substance Abuse Services Rosemarie Alaimo-Sardo, 212 Davey St., Buffalo, NY 14206 to the Position of Stenographer, Permanent, at the starting salary of $18,000 FROM THE DEPARTMENT OF GENERAL SERVICES Appointment to become effective in the Department of General Services Division of Inventory & Stores to the position of Laborer II, Seasonal at the starting salary of $6.65 per hour. Walter J. Polak, 67 Koons Ave., Buffalo, NY 14212 Daniel A. Karlinski, 349 Walden Ave., Buffalo, NY 14211 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 71 BENCHMARK DEVELOPMENT CORPORATION Certified Copy Filed with Erie County Clerk Rezoning - 998 Broadway Please be advised that SRK Broadway Associates has filed a certified copy with the Erie County Clerk's Office, of the approved amendment that rezoned the property associated with the 998 Broadway K-Mart project. Please find an attached copy to show proof of filing. RECEIVED AND FILED. No. 72 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION Revisions to the Neighborhood Commercial Land Bank Program Resolution #195 C.C.P. 4/30/91 In April of 1991, the Mayor and Comptroller jointly proposed the establishment of a neighborhood commercial land 'bank on eight commercial arterials. Under the proposal the City proposed to initially sell BEDC 306 vacant lots for $500,000, which BEDC would market for commercial development. The proceeds from BEDC's resale of parcels would go into a fund to purchase and develop added vacant commercial lots in the future. The City's 1991-92 budget included these funds as a revenue source when the budget was adopted. Resolution #195 of C.C.P. 4/30/91 was recommitted by the Council to the Economic Development Committee. The principal questions were twofold: (l) the need for an administrative agreement to be drafted by the Law Department, and (2) Councilmember Pitts' desire to target the program on a smaller area. Attached is a draft copy of an administration agreement prepared by the Law Department. This document is based on resolution #195. With regard to the second concern, based upon discussions with Councilmember Pitts, BEDC is moving forward to establish a Pratt-Willert Business Center program. This will initially consist of the purchase of the former Nehi Bottling plant at Sycamore and Jefferson Avenue and the operation of the building as a multi-tenant business incubator facility. Later phases will include a study of commercial redevelopment on the balance of the block bounded by Jefferson, Sycamore, Mortimer, and Matthews. BEDC is proposing to re-allocate one-third, or $165,000 from the proposed land bank program to the establishment of the Pratt-Willert Business Center project. As a consequence, BEDC is proposing to reduce the initial land bank program from 306 parcels costing $500,000 to 209 parcels costing $335,000. This reduction would be accomplished by deleting all of the parcels (97 total) on Bailey, Clinton, Fillmore, and Jefferson. The first year of the land bank program would concentrate on previously identified parcels located on Genesee Street (72), Broadway (43), South Park Avenue (9), and Sycamore Street (85). The proposed contract is based on the original $500,000 program and Resolution #195. If Your Honorable Body 'agrees with the revised program which includes both vacant lots and funds for a facility, the contract and resolution would require amendment. The above proposed changes have the support of the Mayor's office. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 73 DEVELOPMENT DOWNTOWN INC. CUED Arena Site Evaluation Report At the request of the City of Buffalo and Development Downtown, Inc., the National Council for Urban Economic Development (CUED) brought together a panel of City development experts to review two possible sites for the proposed downtown arena. 'Attached is a copy of the CUED panel's final report which endorses the Crossroads site. Copies were also forwarded under separate cover to members of the Common Council and other interested agencies and groups. REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 74 SARA DAUGHTRY Cancel Grass Cutting Charges 1546 and 1548 Jefferson I am writing this letter to voice a grievance against the Department of Streets Sanitation. There are copies of two (2) bills from your department enclosed with this letter. The two (2) billings were sent to me in lieu of personnel and equipment utilized to arbitrarily perform labor; namely grass cutting, on lots located at 1546 and 1548 Jefferson Avenue. This labor for which I was billed was never requisitioned or authorized by me. Since when are citizens allowed to be misused by city Hall this way. The bills amount to $100.00 total, and at the time of this writing , I anticipate receiving a second set of billings in the same amount, as your department has again taken it upon itself to cut the grass on these lots in the latter weeks of the month of August. As stated on the invoices if they are not paid, and be aware that I feel I should not have to pay them, these charges will be assessed on my taxes. It seems that due to your arbitrary efforts I am now in a catch twenty-two position relative to the payment of these bills. Please, what I seek is fairness. If your department intends to bill for tasks such as the cutting of grass on our lots, I request that we be notified in advance of the work so that I can have the same work done at a more reasonable rate than your department charges. If it sounds as though I feel like this injustice was personally targeted by your department because I am a paying taxpayer, then it sounds exactly as I intended it to. The reason it feels so personal is because there are lots, one directly adjacent to our lots and one across the street, that have not or appear to have not been cut this year. How do you make the decision as to who's lots are in such a condition that the City has to take care of them , and subsequently bill for that care. This is totally outrageous to me, and escapes my scope of understanding. Please respond to my inquiries AND consider discharging the bills which are threatening my taxes. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE COMMISSIONER OF STREETS No. 75 CARRIE MANGANELLO Claim for Wages Due My name is Carri Manganello and I am very pleased to have worked for the Mayors Summer Youth Program thanks to you but I have run into a dilemma and was told to write you to see if this problem can be solved. I started working for Parking Violations Dept. in City Hall on July 8, 1991. I worked every day with no time lost until August 30, 1991. When I received my first paycheck it was for 20 hours from July 8 to 11. My second paycheck should have been a full paycheck for 50 hours but I was only paid for 30. My father called Mr. Juliano at Parkside but was told that I was not on the sign in sheet for July 22, 23, 24, arid 25th. We would have to see Mr. Michaux at City Hall. Mr. Michaux knew I was there and had my supervisor, Marilyn LaPiana, sign a paper for verification to be sent to Mr. Juliano. Mr. Michaux assured us that the 20 hours would be made up as soon as possible. At the end of summer I still had not received the money due me and Mr. Michaux was again informed and again I was assured it would be in the last paycheck. My last paycheck was due me on Sept. 20. On Sept. 24 I still had not received it and called Mr. Juliano's office. His secretary informed me of their procedure of the checks being sent back to City Hall to be postmarked and I should be receiving it shortly. On Sept. 26 I got the check and noticed that the 20 hours still had not been paid to me. My father called Mr. Juliano and was told by Mr. Juliano that he had never received any verification from Mr. Michaux of the missing 20 hours. He also told my father that his books were closed and he could not open up the account again for an $85 check. He would have to take the matter to Mr. Michaux. Mr. Michaux then told my father that he would take the matter up himself with Mr. Juliano. Again Mr. Juliano refused to issue the check and Mr. Michaux said that the only thing he could suggest doing was writing to you. Enclosed are copies of all my pay stubs and the letter verifying that I was at work at the hours in question. Your attention to this matter is greatly appreciated. REFERRED TO THE COMMITTEE ON FINANCE AND THE CITY CLERK. No. 76 MARCIA NASCA Request Change of Policy Theft of Personal Belongings I would like to make you aware of the fact that there have been two thefts that have taken place in the Architect's office since the latter part of July, 1991. The most recent one occurred on September 30, 1991 while I was at lunch. A man who either came out of Vital Statistics, or was wandering around the building, came into our office and took a bag I had in a tote by my desk. The loss was for approximately $40.00 worth of personal belongings. The loss in July was for $30.00. This last incident was reported to the Police and they are investigating the robbery and may recover my property. This is a public building and there is no way we can lock the door while I am at lunch or away from my desk. With the loss of so many jobs in the building it is almost impossible to have someone covering each desk, or each office for that matter. I personally feel that when there is a loss, and it is documented, and reported to the Police, employees should be able to put in a claim with the Law Department to recover their losses. It is my understanding that as of now they won't accept a claim for theft. It would be greatly appreciated by myself and other City employees if something could be done to change the existing situation as it now stands. REFERRED TO THE COMMITTEE ON CLAIMS. No. 77 NATIONAL FUEL Info-Closing of Service Center This letter will serve as an official response to your resolution filed with the Buffalo Common Council, and as I had promised you, it will outline the reasons for closing our Buffalo Servicenter as I discussed with you at our meeting. First of all, it is not our intent to totally remove all operations from the Buffalo Servicenter location. We already use that facility for storage and have recently formed an internal committee to evaluate future uses of the property. We have no intention of abandoning or selling. As far as moving the service department and construction crews to other locations, this was a management decision based on present day economics. An internal review of our existing operating locations showed that we can more easily expand their operations for more efficient overall usage. As you probably know, our mandate as a public utility is to provide gas service as reasonably priced as possible. In all good conscience, there is no way we can justify an expenditure of 3 million dollars for a new facility when we have adequate existing facilities. If our manufacturing and industrial gas rates are not competitive, it is very possible that plants could leave this area, which in the long run would have a disastrous effect on the remaining residential base. Emergency response to service calls will not be affected by this move. Our present operations practice dictates that we have emergency crews assigned to different geographical areas within our service territory. Additionally, we have staggered shift times so we have overlapping coverage in all areas at all times. This particular procedure has been in effect for our second and third shift operations for over 30 years. Let me assure you that the safety of our customers is of paramount importance to us and will not be affected by this move. Another point to be remembered is that several years ago National Fuel purchased the Tishman Building as its main headquarters We did this because after extensive studies, we felt that Buffalo was the place we wanted to be. Last year we increased our stature in downtown Buffalo when we leased over 12,000 square feet in the former Hens & Kelly building to house our Consumer Business employees. With this latest expansion in downtown Buffalo, we now have almost 750 employees that work all day in the downtown Buffalo area and, obviously, frequent many of the commercial establishments in downtown Buffalo. This is almost a 19 per cent increase over our 1980 downtown employment level. Of the 102 employees in our Buffalo Servicenter who are being transferred to other locations, only 37 are actual residents within the City. Basically, this Servicenter has served as a garage for our vehicles, and as a starting location for which our employees travel to their assigned territories. In conclusion, I would like to say that we are very proud of our Company. We are very proud to be a part of the downtown community, and we are very proud to be a corporate citizen that relates to the needs of all of our customers. National Fuel is the largest company listed on the New York stock exchange with its headquarters in Buffalo. Again, we are proud to be here. If you have any questions about this move, I am certainly free to discuss this at length with you. We share your zeal to do the right thing for our customers within the City of Buffalo and throughout Western New York. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 78 Odyssey Club Request to Purchase 1415 Fillmore Avenue We are writing to ask your assistance in purchasing a building located at 1415 Fillmore Avenue. We are a group of Recovered Alcoholics/Addicts who are committed to helping those that are still suffering from Alcoholism/ Chemical Dependency. We have been in existence one year and hold weekly meetings at St. Brigids Colombas Church, 418 N. Division, and have raised money by giving fund raising activities. Our purpose is to establish a sober social club that will allow those affected to have a place to go, that is alcohol and drug free. We worked with Deputy Speaker, Eve in several community activities. If we were able to purchase a building such-as mentioned above, we would be able to generate funds for education and prevention, and plan to hold meetings and support groups (AA, Al-Anon, ACOA, NA, etc.) We would appreciate any assistance you could offer in making our dream a reality. We would happy to meet with you at your convenience to discuss this matter. Thank you for your anticipated cooperation. REFERRED TO THE COMMITTEE ON FINANCE. No. 79 SHEA'S BUFFALO THEATER Ticket Surcharge Attached is a copy of resolutions that was adopted by the Shea's Board of Trustees on October 8, 1991. They concern a ticket surcharge for restoration projects at Shea's Buffalo. We are prepared to come before the City Council and discuss our resolutions. Please contact me to confirm a date. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 80 Southtowns Walleye Assoc. Speed on Buffalo Waterways" Resolution 171 was read aloud and discussed at both the executive and general membership meetings of the Southtowns Walleye Association of WNY, INC. The consensus at both meetings: We would oppose any change in the current laws. Rather, we feel that existing laws should be strictly enforced (paragraph 4). The area inside the breakwall is a popular spot for many types of water spots other than fishing (sailboards, water skiers). It would be unfair and unrealistic to punish the majority of safe boaters because a few choose to act irresponsibly. The incident at Breakers that prompted this concern was attributed to drinking alcoholic beverages while operating boats. Our association continually addresses this issue and encourages safe boating through our publications and programs. More public education aimed at drinking and driving while on the water could be stepped up. Please convey our comments to Mr. Fahey and the other Councilmembers. Thank you. RECEIVED AND FILED. No. 81 TONY CONRAD Cable Franchise Renewal As an advocate for superior Public access, Educational access, and Government access cable television in Buffalo; and as an educator and scholar in this field who has been active on a national level; I am concerned that Buffalo's refranchisement process be as comprehensive as necessary. The preliminary hearing schedule which the CATV Committee has circulated provides an excellent launchpad for our franchise renewal and needs assessment procedures. However, Buffalo should not be tempted to abbreviate the renewal process--or to see the present schedule of hearings as fully satisfying our needs assessment requirements--because: 1. The present schedule may not fulfill legal requirements for refranchisement. 2. The ramifications of the refranchisement process are complex, and may not be fully grasped by any of us even now--until we obtain a consultant. 3. A hasty refranchisement review may leave the City legally exposed. 4. A thorough review of TCl's records (fiscal and service records, plans for the future, etc.)-- a. --may produce increased revenues for the City, b. --may increase the effectiveness of existing and planned services, c. --and may lead to Government programming and enhanced Educational and Public access. 5. Buffalo must ensure its compliance with NY State Cable Commission requirements for refranchising. REFERRED TO THE SPECIAL COMMITTEE ON CATV. PETITIONS No. 82 Tripi Foods Inc., owner, petition to use 755 Bailey Avenue a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 83 Empire Realty, petition to use 100 Seneca Street for an illuminated wall sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 84 Friends of Cazenovia Manor, petition to use 374 Dewitt Avenue for a halfway house. (Section 511-94 does not require a public hearing just Council approval.) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CLAIMS HON. BRIAN M. HIGGINS CHAIRMAN No. 85 CLAIMS COMMITTEE REPORT COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A l. Steven R. Bartholomew and Flaherty & Shea His Attorneys $3,000.00 A 2. Kathy L. Dietrich P/N/G of Sherri Lynn Dietrich an Infant and Cox Barrell Their Attorneys $1,350.00 A 3. Fireman's Fund Insurance Company A/S/O Marelee Dens and Shirley K. Kirchberger, Esq. $2,000.00 A 4. Carol Gaskin and Rosenthal, Siegel, Muenkel, Wolf & Curvin Her Attorneys $1,000.00 A 5. Mary Grasiano and Miserendino, Krull & Foley Her Attorneys $12,500.00 A 6. Janet Kardas and Maurice Sykes, Esq. Her Attorney $80,000.00 A 7. David J. Kersten and Kennedy, Stoeckl & Martin His Attorneys $18,000.00 A 8. Timothy Lopez and Paul William Belts, P.C., His Attorney $25,000.00 A 9. Dolores Lysek and Laura C. Doolittle, Esq., Her Attorney $3,300.00 A 10. Nancy Tyner $92,500.00 A 11. Deborah Williams and Victor A. Rossetti, Esq. Her Attorney $1,000.00 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 or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and of the proper releases and closing papers. PASSED AYES- 12 NOES- 0. No. 86 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 l. Howard C. Albert Claim for damage to a water service line at 50 Gallatin Avenue. $780.00 B 2. Paul Batcho Claim for damage to a water service line at 61 Gallatin Avenue. $840.00 B 3. Donald E. Dickerson Claim for damage to a 1980 Plymouth Suburban Station Wagon while it was at the Tonawanda Street Impound Garage. $600.00 B 4. Vincent J. Fininzio Claim for plumbing costs as a result of a water leak on his water service line. $950.00 B 5. MarcelIa J. France Claim for a 1976 Chevrolet van which was mistakenly sold at the City auction. $500.00 B 6. Thomas J. Grillo Claim for a 1977 Cadillac which was incorrectly auctioned by the City after a hold had been placed on the vehicle. $200.00 B 7. Thomas Grieco Claim for damage to a water service line at 43 Gallatin Avenue. $1,800.00 B 8. Tyrone F. McClam Claim for damage to an 1985 Oldsmobile Calais, while it was at the Tonawanda Street Impound Garage $2,750.91 B 9. Dr. Dennis G. Przybyla Claim for damage to claimant's property at 1796 Clinton Street. $290.00 B 10. John and Margaret Recktenwald Claim for services rendered to the claimant by the Empire State Exterminating Company as a result of a problem with elm leaf beetles on McKinley Parkway. $151.20 B 11. Ronald Snyder Claim for damage to a 1987 Ford Crown Victoria. Sanitation workers accidentally damaged the hood and quarter panel of the vehicle. $291.60 B 12. Suzanne M. Stanko Claim for damage to a 1986 Mazda on Michigan Avenue. $165.85 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- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI- 12 NOES- 0. * MR. BELL WAS IN THE NEGATIVE ON ITEMS B-3, B-5, B-6, AND B-8 ONLY. No. 87 MISCELLANEOUS That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: Pursuant to prior approval by your Honorable Body, Item No. 215, C.C.P., March 7, 1989, the Department of Law now recommends reward payments be made to the following in the .22 Caliber Killings. This matter was held in abeyance pending the exhaustion of all appeals. The Acting Corporation Counsel recommends payments as follows: C l. Madonna Gorney $15,000.00 C 2. Dorothy Anderson $5,000.00 C 3. Bernard Burgess $5,000.00 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- 12 NOES- 0. No. 88 MISCELLANEOUS INVOICE That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: D l. Angiers Business Machines, Inc. Claim for services rendered to the Division of Labor Relations in the past fiscal year. $105.53 D 2. Buffalo Crushed Stone, Inc. Claim for services rendered to the Division of Engineering in the past fiscal year. $ 2,885.12 D 3. Elizabeth Croft Claim for services rendered to the Division of Labor Relations in the past fiscal year. $648.20 D 4. Data Systems Leasing, Inc. Claim for services rendered to the Division of Engineering in the past fiscal year. $622.15 D 5. Handy Auto Parts Claim for services rendered to the Division of Inventory and Stores in a prior fiscal year. $242.45 D 6. Richard J. Klak Claim for services rendered to the Division of Labor Relations in the past fiscal year. $492.75 D 7. Wade J. Newhouse Claim for services rendered to the Department of Fire in the past fiscal year. $ 1,750.00 D 8. Niagara Mohawk Claim for services rendered to the Police Department in the past fiscal year. $ 9,610.50 D 9. Schaefer Plumbing Supply Company, Inc. Claim for services rendered to the Division of Buildings in the past fiscal year. $ 2,885.22 D 10. Sisters of Charity Hospital Claim for services rendered to Firefighter LEON NOWAK who was injured on duty and required extensive medical treatment in a prior fiscal year. $ 3,557.30 D 11. Sunrise Press Claim for services rendered to the City in the past fiscal year for the printing of the contract between the City and Local 282. $1,375.00 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 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- 12 NOES- 0. No. 89 MISCELLANEOUS REFUND That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: E 1. Barrett & DeMarchi Claim for a refund of unused exhibitor licenses during the Friendship Festival. $125.00 E 2. County of Erie Office of the District Attorney Claim for a refund for lower than expected costs for improvements in the Police "Show-Up-Room". $969.30 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- 12 NOES- 0. No. 90 MISCELLANEOUS PAYROLL That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: F l. Michael LaPorta Claim for additional longevity due the claimant because of prior seasonal time in the Department of Street Sanitation. $ 1,700.00 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- 12 NOES- 0. No. 91 REPORT TO THE CLAIMS COMMITTEE G l. John Z. Budzinski 120 Rano Street Claim for property damage due to the opening of River Rock Road at Rano Street. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Higgins now moved that the above item be recommitted to the Claims Committee. ADOPTED. No. 92 REPORT TO THE CLAIMS COMMITTEE G 2. Lillian J. Stryczek 82 Rees Street Claim for water pipe and driveway damage during large trash pickup. That the above item be, and the same hereby is, returned to the Common Council without recommendation. MR. HIGGINS moved: The approval of the claim of LILLIAN J. STRYCZEK, in the amount of $1,894.51 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- 12 NOES- 0. CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 93 l99l-1992 Salary Ordinance Amendment (CC) (Item # 57 CCP Jul 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 94 APPOINTMENT Administration & Finance/ Teller That Communication No. 65 CCP Oct. 1, 1991 be received and filed and the Permanent contingent appointment of Ruth O'Leary stated above at the Intermediate salary $20,031.00 effective on Sept. 23, 1991 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 95 Notices of Appointments (C.Clerk) (Item # 78 CCP Oct l, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 96 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND CANISIUS COLLEGE (ITEM NO. 12, C.C.P. OCTOBER 1 1991) That the Mayor be, and he hereby is, authorized to execute a lease agreement between the City of Buffalo and Canisius College for use of Memorial Auditorium for the college's basketball program, subject to approval as to form by the Law Department. PASSED. AYES- 12 NOES- 0. No. 97 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE BUFFALO BOARD OF EDUCATION A.I.M. PROGRAM (ITEM NO. 27, C.C.P. OCTOBER 1, 1991) That the Comptroller be, and he hereby is, authorized to prepare a lease renewal agreement for the use of a room adjacent to the gymnasium at former School 29, South Park Avenue, by the Buffalo Board of Education A.I.M. Program incorporating the conditions stated in the above item and that the Mayor be, and he hereby is, authorized to execute such lease renewal agreement, subject to approval as to form by the Law Department. PASSED AYES- 12 NOES- 0. No. 98 HOMESTEAD PROPERTY 154 MAPLE STREET (ITEM NO. 162, C.C.P., OCTOBER 1, 1991) That the Department of Inspections and Community Revitalization be, and hereby is, authorized to prepare a deed for the conveyance of 154 Maple Street to the Community Action Organization under the same terms and conditions the property was to have been conveyed to Fruitbelt Redevelopment, Inc. and that the Mayor be, and he hereby is, authorized to execute such deed. PASSED AYES- 12 NOES- 0. No. 99 RESULTS OF NEGOTIATIONS 1570 & 1574 FILLMORE (ITEM NO. 23, C.C.P., JULY 23, 1991) (ITEM NO. 29, C.C.P., OCT. 1, 1991) That the offer of Reverend Marvin W. Robinson, Evening Star Church of God in Christ, in the sum of $2,900.00 (Two Thousand and Nine Hundred Dollars) to purchase the properties described as 1570 Fillmore, W 30' N Sidney and 1574 Fillmore, W 60' N Sidney be and hereby are accepted; and The appraisal report requested by the City of Buffalo will be paid by the purchaser; and That the Mayor be authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED AYES- 12 NOES- 0. No. 100 REPORT OF BIDS PARAPET RECONSTRUCT ION SHEA'S BUFFALO THEATRE (ITEM NO. 35, C.C.P., OCT. 1, 1991) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Parapet Reconstruction at Shea's Buffalo Theatre to Vara-Science, Inc., the lowest bidder in the amount of $19,877.00, with said cost to be charged against the B/F 200-402-026 Division of Buildings. Mr. Collins now moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 101 REPORT OF BIDS - SCHOOL NO. 19 PLAY AREA (ITEM NO. 48, .C.C.P., OCTOBER l, 1991) That the Acting Commissioner of Parks be authorized to award a contract to Gleason's Nursery, Inc., the low bidder, for the School 19 Play Area, in the amount of the base bid of $16,813.80. PASSED AYES- 12 NOES- 0. No. 102 Broadway Market Parking Ramp/Lighting-(CD)#56 9/17) (Item # 107 CCP Oct l, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Broadway Market Parking/Lighting- (CC) (Item # 57 CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 TAX CANCELLATION 1991-1992 (ITEM NO. 32, C.C.P. OCTOBER 1, 1991) That the above item is returned to the Common Council without recommendation. MR. COLLINS now moves: That the Commissioner of Assessment be, and he hereby is, authorized to draw a warrant on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund in favor of the City for the taxes indicated on the list attached to the above item in the total amount of $28,894.28. Mr. Collins now moved that the above item be recommitted to the committee on Finance. ADOPTED. No. 105 Cancellation Of Sidewalk Assessment/49 Parkside(PW) (Item # 42 CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby referred to the committee on Claims. ADOPTED. No. 106 Code Compliance of Properties purchased at City Auctions (Item # 213 CCP Jul 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Code Compliance/Property Purchased At Auction (Assmt) (Item # 35 CCP Sep 3, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Use Of Transfer Stations By Residents (Item # 162 CCP Jun 25, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Cost Of Handicap Curb Ramps (PW) (Item # 41 CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Standardize Fire helmets (Fire) (#75 9/3) (Item # 98 CCP Sep 17, 1991) That the above mentioned Item he and the same is hereby received and filed. ADOPTED. No. 111 RE: INTERFUND CASH LOANS FOR CAPITAL PROJECT (ITEM NO. 17, C.C.P., OCT. 1, 1991) That the Comptroller be and he hereby is authorized to make interfund cash loans from the General Fund to the Capital Projects Fund in the amount of $85,000 for Polonia Hall Improvements, $1,045.00 for Construction of University Heights Community Center and $55,000 for the Reconstruction of Science Museum. PASSED. AYES- 12 NOES- 0. No. 112 Single Audit/Federal, State, County Grants (Compt) (Item# 26 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 RE; RAMESH CHAINANI, OWNER, PETITION TO USE 1122-1124 ELMWOOD FOR A TAKE-OUT RESTAURANT (Item No. 87, C.C.P., 10/1/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola now moved to recommit the above item to the Committee on Legislation ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 114 S. Aldharaa/Use 914-916 Elmwood for take-out(CPBD) (Item # 7. CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 115 RESTAURANT/DANCING CLASS IV LICENSE 1800 NIAGARA STREET (ITEM NO. 43, C.C.P., OCT. 1, 1991) That the above item be and the same hereby is returned to the Common Council without recommendation. MR. COPPOLA moved: That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class IV License to Eva Hinchey, proprietor of Cafe Hennessey, 1800 Niagara Street, and the same be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 116 40 COMET AVENUE REQUESTS PERMISSION TO OCCUPY CITY RIGHT-OF-WAY WITH STOCKADE FENCE (Item # 51, C.C.P., 9/3/91) That the Commissioner of Public Works be and hereby is authorized to issue a "mere license" to Henry Cole, owner of 40 Comet Avenue, for installation of a stockade fence which encroaches City right-of-way provided the following conditions are met: 1. That said fence is situated in a manner so as not to obstruct the view of motorists existing the adjoining properties; 2. That the applicant be responsible for maintaining the fence as long as it remains within City right-of-way; and 3. That the applicant supply the City of Buffalo with a $5,000.00 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. PASSED. AYES- 12 NOES- 0. No. 117 R. Cole/Easement at 40 Comet (CPBD) (Item #8 CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 WESTERN NEW YORK COMMUNICATIONS REQUESTS PERMISSION TO INSTALL PAYPHONES WITHIN CITY RIGHT-OF-WAY (Item No. 44, C.C.P.,10/1/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola now moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 119 309 BRYANT REQUESTS PERMISSION TO INSTALL TRASH CAN WHICH ENCROACHES CITY RIGHT OF WAY (Item No. 45, C.C.P., 10/1/91) That the above item be and the same hereby is returned to the Common Council without recommendation. MR. COPPOLA moved: That the Commissioner of Public Works be and hereby is authorized to issue a "mere license" to Michael Morga of LBM Construction, Inc. acting as agent for Mr. Ronald Morga, owner of Just Pasta, 309 Bryant, for installation of a trash container enclosure on the Ashland Street side of the property which encroaches City right-of-way provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation; 2. That the enclosure be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings; 3. That the applicant be responsible for maintaining said enclosure as long as it remains within the City right of way; 4. That the applicant supply the City of Buffalo with a $5,000.00 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 enclosure. PASSED. AYES- 12 NOES- 0. No. 120 388 AMHERST REQUESTS PERMISSION TO INSTALL AWNING WHICH ENCROACHES CITY RIGHT OF WAY (Item No. 47, C.C.P., 10/1/91) That the above item be and the same hereby is returned to the Common Council without recommendation. MR. COPPOLA moved: That the Commissioner of Public Works be and hereby is authorized to issue a "mere license" to Mr. Jessee Kohler, of Kohler Awning, acting as agent for Mr. James Wistner, owner of JoJo's Pizzeria for installation of an awning which encroaches City right-of-way at 388 Amherst provided the following conditions are' met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a $5,000.00 construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES- 12 NOES- 0. No. 121 Parks Department/File Permits With Council (Item # 160 CCP Oct l, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Shea's Buffalo Center/Restoration Surcharge($# 151 6/11) (Item # 178 CCP Jul 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Laundry Operation/300 Northampton (Set Hrg) (Item # 170 CCP Sep 3, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 NYSDEC/PVS Chemical Release Information (#134 9/3) (Item # 169 CCP Sep 17, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 PVS Chemicals/Chemical Release Information (#137 9/3) (Item # 170 CCP Sep 17, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. POLICE REORGANIZATION HON EUGENE M. FAHEY CHAIRMAN No. 126 Police Precinct realignment (Item # 154 CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. CATV HON. DAVID P. RUTECKI CHAIRMAN No. 127 APPOINTMENTS TO BOARD OF BUFFALO COMMUNITY TELEVISION (ITEM NO. 181, C.C.P., OCT. 1, 1991) That the above item be and the same hereby is discharged from the Special Committee on CATV. MR. RUTECKI moved: That the following individuals be appointed to the Board of Directors of the Buffalo Community Television (d/b/a Buffalo Cable Access Media, B-CAM): Mr. Anthony Billoni, 110 Bidwell Parkway, Buffalo, New York 14222, Ms. Jan Peters, 76 Orange Street, Buffalo, New York 14204. A. Leigh Harden, 125 Lafayette Avenue, Apt. 3, Buffalo, New York 14213, Ms. Kathy Simonds, 256 Bryant Street, Buffalo, New York 14222 Mr. James A. Lewis 111, 314 E. Perry Avenue, Buffalo, New York 14208. Mr. Dennis Woods, 1233 Main Street, Buffalo, New York 14209 and Mr. Mel Netzhammer, SUNY College at Buffalo, Communications Dept., 1300 Elmwood Avenue, Buffalo, New York 14222. ADOPTED. RESOLUTIONS No. 128 BY: MR. AMOS FOURWAY STOP SIGN AT NEWBURGH AND EASTON WHEREAS.. The residents of Newburgh and Easton Avenues have petitioned for a four-way stop sign at the corner of Newburgh and Easton, and WHEREAS: A request was made to the Department of Public Works for these stop signs and denied. NOW, THEREFORE BE IT RESOLVED That this Honorable Body allow both Public Works and the residents time to come before the Legislation Committee and discuss the need for a four-way stop at this intersection. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 129 BY: MR. ARTHUR Forgiveness for demolition cost of 848 Broadway Street, rear cottage in reference to CCP no. 63, "Report of Bids, Emergency Demolition within the City of Buffalo". WHEREAS: On December 22, 1987, at the Buffalo Common Council meeting this Honorable Body passed a resolution: CCP no. 63, "Report of Bids, Emergency Demolition within the City of Buffalo"; and WHEREAS: Included in that resolution was the rear property of 848 Broadway, owned by Frank and Patricia Fendt, to be demolished for $2,400.00; and WHEREAS: Since the demolition of said property, Mr. and Mrs. Fendt have faced several hardships that have effected their family economical base; and WHEREAS: The demolition cost of the rear cottage has been included into the City Taxes of 848 Broadway; and WHEREAS: Mr. and Mrs. Fendt are now endangered of losing their home at 848 Broadway, because of the demolition cost and interest for the rear cottage at the same address and is requesting this Honorable Body grant forgiveness for the cost and interest of the demolition. NOW, THEREFORE, BE IT RESOLVED THAT: That this Honorable Body refer this item to the Finance Committee for the provability of forgiveness for the demolition cost, or the establishment of the separation of accounts for the cost of the demolition and the taxes. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 130 BY: MR. BELL REQUEST AUDIT BY NYS CABLE TV COMMISSION WHEREAS: The cable television franchise between the City of Buffalo and TCI of New York is due to expire on February 12, 1994; and WHEREAS: It is important that this Common Council conduct a thorough franchise renewal process in order to ensure a full and careful analysis of all factors relevant to renewal as established in state and federal law; and WHEREAS: An integral part of this process is the assessment of the performance of the current franchisee over the term of the existing franchise agreement; 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 respectfully requests the New York State Commission on Cable Television to perform a technical evaluation of the system, an evaluation of the customer service provided by the company, and an audit of franchise fees paid to the city pursuant to the franchise agreement. BE IT FURTHER RESOLVED: That the City Clerk be directed to forward a certified copy of this resolution to the Yew York State Commission on Cable Television and TCI of New York. ADOPTED. No. 131 BY: MESSRS. BELL & COPPOLA REQUEST UPDATE ON INSTALLATION OF NEW PARKSIDE LIGHTS WHEREAS: The Parkside neighborhood has experienced an almost 40% increase in crime since August l, 1991; and WHEREAS: The area has experienced a dramatic increase in house and garage burglaries, stolen cars, purse snatchings, and bicycle robberies with most of the activity taking place after 8:00 PM; and WHEREAS: Monies were placed in the 1990-91 budget for updated lighting in the Parkside area with installation scheduled for the 1991 construction season; and WHEREAS: The recent increase in criminal activity has made Parkside area residents even more anxious for the much-needed new lighting. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests an update from the Public Works Department Division of Engineering on the installation of new street lights for the Parkside neighborhood. ADOPTED. No. 132 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,702 be and the same is hereby transferred from various accounts in Appropriation Allotments - Exempt Items and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements 1,702 TO: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $1,702 FROM: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $1,702 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 517 - Reconstruction of Various Fire Stations $1,702 PASSED. AYES- 12 NOES- 0. No. 133 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,600 be and the same is hereby transferred from various accounts in Appropriation Allotments - Exempt Items and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements 2,600 TO: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $2,600 FROM: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $2.600 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 513 - Reconstruction of Police Headquarters $2.600 PASSED AYES- 12 NOES- 0. No. 134 By: Mr. Collins Transfer of Funds Appropriation Allotments - Exempt Items - Water Enterprise Fund - Water That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,000 be and the same is herb transferred from various accounts in Appropriation Allotments -Exempt Items - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements $4.000 To: 410 Enterprise Fund - Water 98-0 - Department of Water 085 - Capital Outlay 982 - Operating Equipment Composite Sludge Sampler $3,000 Coliform Incubator Bath $1,000 Total $4.000 PASSED. AYES- 12 NOES- 0. No. 135 By: Mr. Collins TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - REGULAR DEPARTMENTS COMMON COUNCIL That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $15,000 be and the same is hereby transferred from various accounts in Appropriation Allotments - Regular Departments and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 01-0 - Common Council 001 - Legislative Purchase of Services 580 - Non-Professional Personal Services $15.000 TO: 100 General Fund 01-0 - Common Council 085 - Capital Outlay 960 - Special Structures & Fixed Equipment Acoustical Equipment $ 5, 000 982 - Operating Equipment Data Processing Equipment 10.000 Total $15.000 PASSED AYES- 12 NOES- 0. No. 136 By: Mr. Collins Transfer of Funds Appropriation Allotments - Capital Projects Fund Division of Engineering That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $50,000 be and the same is hereby transferred from various accounts in Appropriation Allotments - Capital Projects Fund -Division of Budget & Management and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 06-1 Division of Budget & Management 001 - Planning for Capital Projects $50.000 To: 200 Capital Projects Fund 40-1 Division of Engineering 535 - Cazenovia and Ohio Street Lift Bridge $50.000 PASSED. AYES- 12 NOES- 0. No. 137 BY: Mr. Collins Increased Appropriation Appropriations Allotments - Various Departments Capital Outlay That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Various Departments - Capital Outlay be and the same hereby is increased in the sum of $155,700. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $155,700 from 100-890-050 Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 03-0 Mayor and Executive Department 085 - Capital Outlay 982 - Operating Equipment Data Processing Equipment $3,700 04-3 Division of Real Estate 085 - Capital Outlay 982 - Operating Equipment Mowers 4,300 Data Processing Equipment 3,000 06-1 Division of Budget & Management 085 - Capital Outlay 982 - Operating Equipment Data Processing Equipment 3,500 06-3 Division of Labor Relations 085 - Capital Outlay 982 - Operating Equipment Data Processing Equipment 2,200 08-0 Department of Law 085 - Capital Outlay 960 - Special Structures & Fixed Equipment Telephone System 15,000 982 - Operating Equipment Fax Machines 2,000 24-1 Division of Inspections & Community Revitalization 085 - Capital Outlay 900 - Land & Betterments Demolition of City-owned Buildings 100,000 40-2 Division of Buildings 085 - Capital Outlay 910 - Building Construction & Improvements Electrical Fixtures 3,000 Hot Water Tanks 3,000 Overhead Doors & Operators 3,000 Plumbing Fixtures 3,000 960 - Special Structures & Fixed Equipment Telecommunications Equipment 10,000 Total $155,700 PASSED. AYES- 12 NOES- 0. No. 138 BY: MR. COLLINS BOND RESOLUTION $250,000 SERIAL BONDS THE REPLACEMENT OF WATER SYSTEM FACILITIES ACCOUNT 415-980-079 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE REPLACEMENT OF WATER SYSTEM FACILITIES, AT THE ESTIMATED MAXIMUM COST OF $250,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Water Supply Serial Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), 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 replacement of water system facilities, including hydrants. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is Two Hundred Fifty Thousand Dollars ($250,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public, Works, Division of Water, "Replacement of Hydrants 1991-92," Bond Authorization Account No. 415-980-079, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. 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) 1. of the Local Finance Law, is forty (40) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 5. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: October 15, 1991 LAID ON THE TABLE. No. 139 BY: MR. COLLINS: BOND RESOLUTION $1,200,000 SERIAL BONDS DEMOLITION OF VARIOUS CITY OWNED BUILDINGS ACCOUNT 200-241-002 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,200,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF DEMOLITION OF VARIOUS CITY OWNED BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $1,200,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of One Million Two Hundred Thousand Dollars ($1,200,000), 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 demolition of various City owned buildings. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is One Million Two Hundred Thousand Dollars ($1,200,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Inspections and Community Revitalization, Division of Housing and Enforcement, "Demolition of & Reconstruction of City Owned Buildings 1991-92," Bond Authorization Account No. 200-241-002, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. 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) 12a. of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 5. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: October 15, 1991 LAID ON THE TABLE. No. 140 BY: MR. COLLINS: BOND RESOLUTION $1,500,000 SERIAL BONDS RECONSTRUCTION OF WATER DISTRIBUTION FACILITIES ACCOUNT 415-980-077 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,500,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF RECONSTRUCTION OF WATER DISTRIBUTION FACILITIES, AT THE ESTIMATED MAXIMUM COST OF $1,500,000. 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 Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Water Supply Serial Bonds of said City in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000), 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 reconstruction of water distribution facilities, including replacement of filter media, rehabilitation of filters, and installation of new filter tables (Phase III). The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is One Million Five Hundred Thousand Dollars ($1,500,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Water, "Filter Media Replacement-Phase III 1991-92," Bond Authorization Account No. 415-980-077, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 1. of the Local Finance Law, is forty (40) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 5. The validity of the bonds authorized by this resolution of any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purposed for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceedings contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: October 15, 1991 LAID ON THE TABLE No. 141 BY: MR. COLLINS INSTALLATION OF 4-WAY STOP SIGN AT THE INTERSECTION OF BLAINE AND OAKGROVE WHEREAS: The Common Council at its regular meeting held on July 3, 1990, adopted a resolution that requested the Department of Public Works to install a 4-way stop sign at the intersection of Blaine and Oakgrove; and WHEREAS: The Department of Public Works has ignored the request of this Council to have these signs installed; and WHEREAS: There have been numerous complaints and concerns about the safety of pedestrians and the increased flow of automotive traffic at the intersection of Blaine and Oakgrove; and WHEREAS: In order to rectify these complaints and concerns, a 4-way stop sign at this location is needed to ensure the safety of pedestrian and automobile traffic; NOW, THEREFORE BE IT RESOLVED: That this Council again requests the Department of Public Works to install a 4-way stop sign at the intersection of Blaine and Oakgrove. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL No. 142 BY: MR. COPPOLA REQUEST COMMISSIONER OF STREET SANITATION APPEAR BEFORE LEGISLATION COMMITTEE WHEREAS: Street Sanitation Department employee Robert Makowski earned $3,904 in overtime between May and August, 1991; and WHEREAS: Most of Robert Makowski's overtime checks were based on supplemental time sheets for additional overtime that were submitted late, which is considered a highly irregular practice; and WHEREAS: Although city auditors have asked about the late submittals, they have received inadequate answers. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Commissioner of the Department of Street Sanitation appear at the next Legislation Committee meeting to explain why he has allowed the practice of submitting overtime sheets late to continue. ADOPTED No. 143 BY: MR. COPPOLA REQUEST OPINION ON MORENO CLAIM WHEREAS: Joseph F. Moreno filed a claim against the City of Buffalo for damage to his vehicle caused by pot holes in city streets on May 24, 1991; and WHEREAS: Joseph F. Moreno notified the Department of Public Works Pot Hole Division on April 30, 1991, of the streets with major pot hole problems and later notified the Department of Law of the exact locations; and WHEREAS: The damage to his vehicle included front end damage, tires, struts, shocks, steering, and alignment for a total claim of $1,022.43. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Department of Law reconsider its recent opinion to deny Joseph F. Moreno his claim for damage to his vehicle caused by pot holes in city streets. ADOPTED No. 144 BY: MR. COPPOLA REQUEST RESPONSE FROM CIVIL SERVICE REGARDING JOHN J. PEZZINO WHEREAS: On September 27, 1991, the Civil Service Commission removed John J. Pezzino's name from the eligible list for Police Officer; and WHEREAS: The reason given for removing his name from the eligible list for Police Officer is because John Pezzino "does not meet the medical standards of this position as they relate to asthma as prescribed by the Municipal Police Training Council, New York State Division of Criminal Justice Services"; and WHEREAS: At the request of the Civil Service Commission, John Pezzino was examined by Dr. Norman Sfeir, a specialist in respiratory medicine, who determined that "Mr. Pezzino has asthma which is currently inactive and has been inactive for at least 5 to 6 years"; and WHEREAS: John Pezzino does not have a chronic cough, wheezing or shortness of breath, which is indicative of asthma patients; he takes part in athletic activities, and currently is employed as a paramedic which requires heavy lifting, tension, speed, and exposure to environmental agents, which he was allergic to as a child, without any adverse affects. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Administrative Director of the Civil Service Commission appear at the next Civil Service Committee meeting to explain the reason for removing John J. Pezzino's name from the eligible list for Police Officer. ADOPTED. No. 145 BY MR. COPPOLA REQUEST CIVIL SERVICE STATUS FOR NANCY H. JOYES WHEREAS: Nancy H. Joyes is currently employed as a permanent telephone operator with the Buffalo Municipal Housing Authority; and WHEREAS: There seems to be some confusion over Nancy Joyes' New York State Retirement System tier status. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Administrative Director of the Civil Service Commission appear at the next Civil Service Committee meeting to explain the New York State Retirement System tier status Nancy Joyes. ADOPTED. No. 146 BY: MR. COPPOLA GOVERNMENT REGULATION OF OZONE-DEPLETING COMPOUNDS WHEREAS: The discharging of chlorofluorocarbons, halons, and other compounds that deplete the earth's protective ozone layer pose a danger to human health through increased amounts of ultraviolet radiation; and WHEREAS: The release of halons through the testing of fire extinguishing systems creates a primary source of halon pollution, and refrigeration and air conditioning systems use chloroflourocarbons in their operating process; and WHEREAS: The importance of recycling and recapturing chloroflourocarbons from auto air conditioning units is of utmost importance and could eliminate approximately 20% of all chloroflourocarbons used in the United States; and WHEREAS: The Montreal Protocol on Substances that deplete the ozone layer (an international pact) calls for reductions in the production, importation and exportation of chlorofluorocarbons to 50% of the worldwide 1986 levels by 1998, and for a freeze on the production of halon at 1986 levels beginning January l, 1992; and WHEREAS: New technology through the encouragement of research and development of environmentally safe alternative technologies and products to replace the use of chloroflourocarbons would benefit the business community and the collegiate scientific community; and WHEREAS: The protection of the environment and the health, safety and welfare of its citizens will be upheld through chloroflourocarbons (CFC's) legislation which prohibits manufacture, sale and distribution of certain products made of/or with an ozone depleting compound and to reduce the release of such compounds into the earth's atmosphere. NOW THEREFORE BE IT RESOLVED THAT This Common Council adopt and continue to advance the regulation of local use and manufacturing of chloroflourocarbons in the City of Buffalo. BE IT FURTHER RESOLVED THAT The Law Department use the Denver, Colorado, ordinance pertaining to governing the manufacture, distribution, sale and recycling of products which utilize ozone-depleting compounds to formulate similar legislation in the City of Buffalo. ADOPTED No. 147 BY: MR. COPPOLA SET PUBLIC HEARING: Hewitt-Robbins New Housing Project Approval of amendment to Land Disposition M.J. Peterson Development Corp. Agreement WHEREAS, M.J. Peterson Development Corp. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have originally negotiated a Land Disposition Agreement for the construction of forty-five (45) residential units of new housing shall be increased to forty-seven (47) units of new housing known as the Hewitt-Robins New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of October 1991. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers on the 29th day of October 1991. ADOPTED. No. 148 BY: MR. FAHEY APPOINTMENT CITIZENS FUNDING REVIEW COMMITTEE NOW, THEREFORE, BE IT RESOLVED: That, pursuant to Section 6-35 of Article VI of Chapter 6 of the Ordinances of the City of Buffalo, the Common Council does hereby appoint the following individual to the Citizens Funding Review Committee to replace Michael Rossetti who has resigned: Cassandra McClam 408 Dewey Avenue Buffalo, New York 14214 ADOPTED. No. 149 BY MR. FRANCZYK LOCATE NEW CONVENTION CENTER IN CENTRAL TERMINAL WHEREAS: The Greater Buffalo Convention and Visitors Bureau recently accepted a facilities subcommittee report drafted in conjunction with the Greater Buffalo Development Foundation which maintained that the Buffalo Convention Center is too small to effectively compete with comparable markets; and WHEREAS: Since limitations of the site and structure make it difficult to expand the center, it has been suggested that a new facility be built at an estimated cost of over $52 million; and WHEREAS: The Buffalo Central Terminal, which opened in 1929 at the height of American railroading, is a magnificent Art Deco structure which is on the National Register of Historic Places; and WHEREAS: Due to the massive size of the facility, efforts by various private interests to redevelop the building since the 1950's have failed; and WHEREAS: Converting the Central Terminal into a convention center would utilize the vast potential of a Buffalo landmark, fill a need for new convention facility for less money than constructing a new building, and share downtown revitalization with the surrounding neighborhoods; and WHEREAS: The Terminal has the square footage necessary for a competitive convention center, as well as space for ancillary development such as hotel rooms, office space, restaurants, etc.; and WHEREAS: In contrast to the unattractive, sterile environs of the present convention center, the Central Terminal would provide a facility that is stately and impressive, has a rich history, is known and revered throughout Western New York and could not be duplicated by any new structure; and WHEREAS: There is also a great deal of vacant space in the vicinity of the Terminal that could accommodate other new development; and WHEREAS: Unlike downtown, the Terminal is located in an uncongested area that has plenty of parking space and is readily accessible from outlying communities, and is just 2.5 miles from downtown Buffalo; and WHEREAS: That accessibility could be enhanced further by utilizing the existing rail lines to expand the rapid transit system; and WHEREAS: Converting the Central Terminal into a convention center would also redevelop an under-utilized site, breathing new life into an area sorely in need of revitalization; NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that the Greater Buffalo Convention and Visitors Bureau conduct a feasibility study to determine whether It would be viable to undertake a joint public-private venture to redevelop the Buffalo Central Terminal for use as a convention center. BE IT FURTHER RESOLVED: That the City Clerk forward a certified copy of this resolution to the Greater Buffalo Convention and Visitors Bureau. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE GREATER BUFFALO DEVELOPMENT FOUNDATION AND THE, CONVENTION BUREAU, THE CHAMBER OF COMMERCE AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 150 BY MESSRS. FRANCZYK & AMOS PROTEST LAY OFF OF STATE LIQUOR AUTHORITY INVESTIGATORS WHEREAS: As a result of New York State budget cuts, the State Liquor Authority has slashed its number of investigators in half, from 52 to 26 employees, with only five to cover the city of Buffalo; and, WHEREAS: The SLA investigators are an invaluable force needed to enforce the liquor laws at the 8,200 licensed premises in zone 19, serving Buffalo; and, WHEREAS: The City of Buffalo has had many problems in past months regarding liquor law violations, including illegal speakeasies, murders, rowdiness, assaults, gunplay, drug sales, as well as "routine" violations such as substituting cheap liquor in bottles with higher price labels; and, WHEREAS: The Common Council has already demanded action at the Club Virgoan on Broadway, an establishment closed by SLA investigators for murder, assault, shootings, fights, and many other violations; and, WHEREAS: The Buffalo Police Department cannot be expected to pick up the slack of the awesome work load handled by the SLA investigators, which means many violations will proliferate unnoticed or unpunished; and, WHEREAS: The safety, health and well-being of Buffalo business people, customers and citizens is jeopardized by the slashing of the SLA investigating force; NOW THEREFORE BE IT RESOLVED: That the Common Council urge the New York State Legislature to restore funding for the State Liquor Authority to rehire those investigators in the Buffalo area laid off in recent weeks. The Legislature has the opportunity to do so in Special Session later this year; BE IT FURTHER RESOLVED: That this resolution be forwarded to the Western New York delegation, Governor Cuomo's office and the State Liquor Authority. ADOPTED. No. 151 BY: MR. FRANCZYK EXPLORE RELEASE OF LIEN AT 978 FILLMORE AVENUE WHEREAS: A fire earlier this year gutted the rental property at 978 Fillmore Avenue, which was subsequently demolished by the city; and, WHEREAS: The owner of the property, David Kubisty, declared bankruptcy prior to the fire, and failed to pay city taxes or water bill, in addition to failing to pay insurance on the property; and, WHEREAS: There currently exists a city demolition lien of $7,000.00 and a city water bill of $2,500 on the property, either of which seem unlikely to be paid under current circumstances; and, WHEREAS: Attorney William S. Gordon held the mortgage on 978 Fillmore Avenue, and is attempting to dispose of the property; and, WHEREAS: Gordon wishes to sell the garage apartment in the rear of the property as well as the unimproved portion to a potential buyer, but is stymied from doing so as a result of said liens; and, WHEREAS: Gordon proposes to sell the property for $5,000 to $7,000, and wishes to apply the proceeds to satisfying the water bill, with the condition that the city release its $7,000 demolition lien; and, WHEREAS: Gordon maintains that as a result of Kubisty's insolvency the city would be unlikely to obtain any remuneration for both liens, while the Gordon proposition would satisfy a part of the obligation to the city, while putting the property back on the tax rolls; NOW THEREFORE BE IT RESOLVED: That the city explore if it is in its interest to consider the Gordon proposal as a means of recouping some of the debt owed on the property at 978 Fillmore Avenue; BE IT FURTHER RESOLVED: That "the city explore placing a personal lien for the demolition costs on Kubisty, so that the property at 978 Fillmore might be freed up for a return to the tax rolls; BE IT FINALLY RESOLVED THAT: That this matter be discussed in the Finance Committee with the participation of Gordon, the Corporation Counsel, Inspections and Community Revitalization and any other interested parties. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE 'CORPORATION COUNSEL. No. 152 BY MR. HIGGINS Reinstatement of sick/vacation time request from Judy A. Vinnert WHEREAS: Judy A. Vinnert, assistant collection officer in the Department of Assessment, has written me asking the Common Council to reinstate her sick/vacation time due to time taken for doctor's appointment and physical therapy treatments related to a February 151 1990 injury from falling on icy steps at Buffalo city Court; and According to Ms. Vinnert , the total time us- by October 11 1991 is 55 3/4 days. She is petitioning the Common Council to return used time (related to this injury) to her sick and vacation banks based on article 8.1 section J of local 650 agreement with the city of Buffalo; and WHEREAS: In August, 1991, she sent a request to the Law Department Claims Division and was advised to write directly to the Council. NOW THEREFORE BE IT RESOLVED: That the Common Council refer this item to the Civil Service Committee for its review and determination. AND BE IT FURTHER RESOLVED: That this item also be sent to the Commissioner of Assessment and to the Corporation Counsel for their review and written comments regarding Ms. Winnert's request, and that these responses be filed for review by the Civil service Committee. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL No. 153 BY MR. HIGGINS Request for City Water Department to replace sidewalk blocks and reseed area between curb and sidewalk at 35 Potters Road. WHEREAS: A water leak found to be the city's responsibility, was corrected at 35 Potters Road on August 31, 1991; and WHEREAS: The work needed to repair the leak caused the sidewalk in front of 35 Potters Road to be damaged and the grass to be torn up; and WHEREAS: Blacktop has been placed over some of the more damaged area, sidewalk replacement is required, as is the reseeding of the greenspace. NOW, THEREFORE BE IT RESOLVED: That this Common Council requests the City Water Department to take whatever steps necessary to correct the damage caused by its repairs at 35 Potters Road immediately, and at no expense to the homeowner. ADOPTED. No. 154 BY: MR. PITTS SET PUBLIC HEARING: PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF WATERFRONT REDEVELOPMENT PROJECT NYR-35 DISPOSITION PARCEL 19F - 68 CAROLINA WHEREAS, Downtown Nursing Home/Waterfront Health Care Center, Inc., and/or other legal entity to be formed (herein referred to as the " Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, The City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of a portion of Waterfront Redevelopment Project NYR-35; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Lawn requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of October 1991. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 29th day of October 1991. ADOPTED. No. 155 BY: MR. PITTS SET PUBLIC HEARING: Clinton-Emslie New Housing Project Phase I Approval of Land Disposition Agreement Gal/Van Developers, Inc. WHEREAS, Gal/Van Developers, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of thirty (30) residential units of new housing known as the Clinton-Emslie New Housing Project Phase I in the Emslie Neighborhood Development Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of October 1991. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 29th day of October 1991. ADOPTED. No. 156 BY: MR. PITTS SET PUBLIC HEARING: Clinton-Emslie New Housing Project Phase II and Valley New Housing Project Approval of Land Disposition Agreement Burke Brothers Construction WHEREAS, Burke Brothers Construction and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of fourteen (14) residential units of new housing known as the Clinton-Emslie New Housing Project Phase II and Valley New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of October 1991. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 29th day of October 1991. ADOPTED. No. 157 BY: MR. PITTS SET PUBLIC HEARING: Clinton-Emslie New Housing Project Phase III Approval of Land Disposition Agreement Marrano/Marc Equity Corporation WHEREAS, Marrano/Marc Equity Corporation and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of thirteen (13) residential units of new housing known as the Clinton-Emslie New Housing Project Phase III in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to Publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of October 1991. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers on the 29th day of October 1991. ADOPTED. No. 158 BY: MR. PITTS SET PUBLIC HEARING: Emslie NDP New Housing Project Approval of amendment to Land Disposition Agreement M.J. Ogiony Builders, Inc. WHEREAS, M. J. Ogiony Builders, Inc. and/or other legal entity to -be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will delete 61, 65, 73, 75 Adams, 272, 275, 283, 285, 289, 329, 331 Jefferson, 11, 13, 17, 21, 30, 34, 39, 41 Howard and 74, 78, 80, 121, 123 Madison Street which are located within the Ellicott Councilmanic District. These lots where originally contemplated to be used for the construction of various units of new housing in that area. The Redeveloper has requested to delete the above lots from the project because of their difficulty in marketing them to prospective buyers. WHEREAS, IT is requested that 152, 154, 158, 162, 169, 171, 177 Howard, 750, 754 Smith, 13, 15, 17, 14, 16 Shumway, 33, 37 Stanton, 12, 14, 18 Pink, 225, 227 Bristol, 164, 166 Guilford, 744, 746, 752, 758, 760, 764, 768, 770, 782, 786 Sycamore, and 175, 177, 179 Herman Streets be include in said LDA. This property will replace the above property being used for the construction of four dwelling units as per said LDA; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of October 1991. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers on the 29th day of October 1991. ADOPTED. No. 159 BY: MR. RUTECKI APPOINTMENT CITIZENS FUNDING REVIEW COMMITTEE NOW, THEREFORE, BE IT RESOLVED: That, pursuant to Section 6-35 of Article VI of Chapter 6 of the Ordinances of the City of Buffalo, the Common Council does hereby appoint the following individual to the Citizens Funding Review Committee to replace Eugene Meeks who has resigned: Rev. John Buerk, Pastor, Parkside Lutheran Church 114 Highland Avenue Buffalo, New York 14222 ADOPTED. No. 160 BY: MR. RUTECKI REAPPOINTMENT ART AND CULTURAL FUNDING ADVISORY COMMITTEE NOW, THEREFORE, BE IT RESOLVED: That, pursuant to Section 6-30 of Article V of Chapter 6 of the Ordinances of the City of Buffalo, the Common Council does hereby reappoint the following individual to serve on the Arts and Cultural Funding Advisory Committee for a three year term: Joseph Makowski 194 Huntington Buffalo, New York 14214 ADOPTED. No. 161 BY: MR. RUTECKI CONSOLIDATION OF DRUG ABUSE SERVICES WHEREAS: The Department of Human Resources has requested this Common Council to create the new position of Deputy Director of Substance Abuse Services in the Division of Substance Abuse Services at a salary grade of $37,719 - $40,492 and; WHEREAS: This new position is being proposed in order to satisfy a requirement of the New York State Division of Substance Abuse Services that mandates that programs funded by the State be administered by a person meeting the State's minimum qualifications for such programs, and; WHEREAS: The State Division of Substance Abuse Services has advised this Common Council that the funding contract with the City could be jeopardized unless this requirement is met, and; WHEREAS: The creation of this new position will also result in the position of Director of Drug Abuse Services no longer being eligible for reimbursement from the State, and; WHEREAS: During hearings conducted by this Common Council it was revealed that in other parts of New York State, Drug Abuse Services are usually provided by Counties under contract with the State and that the situation in the City of Buffalo is unique in many respects, and; WHEREAS: It was further indicated by a representative of the State Division of Drug Abuse Services that if the City does not provide counseling and treatment programs, it would be the responsibility of Erie County to provide such services, and; WHEREAS: The proposed creation of an additional position in the Division of Substance Abuse Services will, if approved, significantly increase the local contribution to the Division of Substance Abuse, and; WHEREAS: A representative of the New York State Division of Substance Abuse Services further indicated to this Common Council that it was indeed possible that an agreement could be negotiated with Erie County that would offer the same level of services at the same counseling and treatment centers that are currently provided by the City and that if such an agreement were reached, the State would have no objection to transferring the funding agreement to the County, and; WHEREAS: Such an agreement would save the City nearly $100,000, provide the same level of services currently being provided, and end the current controversy over whether or not City Substance Abuse Services are being administered by qualified personnel, THEREFORE BE IT RESOLVED: That this Common Council does hereby state its intention to not authorize additional contracts with the New York State Division of Substance Abuse effective at the end of the contract period currently being negotiated, and BE IT FURTHER RESOLVED: That this Common Council does hereby authorize the Commissioner of Human Resources to begin negotiations with the Erie County Department of Mental Health for the takeover of the City's Substance Abuse Services on the condition that the current level of services and the current counseling and treatment centers be maintained. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF HUMAN RESOURCES. No. 162 BY MR. RUTECKI Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Curtis Lokey, Jr. Christine Threalkill Laura A. Weigand TOTAL:3 UNFINISHED BUSINESS No. 163 BOND RES. - $150,000 - ACQUIRE LAND - HERTEL AVENUE (ITEM NO. 164, C.C.P., October 1, 1991) Mr. Fahey moved that Item No. 164, CCP., October 1, 1991, be taken from the table. Seconded by Mr. Higgins. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Rutecki. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 10. NOES- COPPOLA, PITTS- 2. No .164 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, OCT 22, 1991 9:30 AM FINANCE Tuesday, OCT 22, 1991 Immediately Following Civil Service LEGISLATION Tuesday, OCT 22, 1991 2:00 PM ECONOMIC DEV. Wednesday, OCT 23, 1991, 10:00 AM ANCILLARY COMMITTEES POLICE REORGANIZATION Wed., Oct 16, 1991 8:00 AM Rm 1417 No. 165 Adjournment On motion by Mr. Bakos, Seconded by Mr. FAHEY the council adjourned at 4:10 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.