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Home My WebLink About91-1223 No. 24 Common Council Proceedings of the City of Buffalo Regular Meeting, December 23, 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 Dale Zuchlewski - 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, James Pitts, Dale Zuchlewski 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. Archie L. Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W. Pitts. Dale Zuchlewski 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, 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, 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 James W. Pitts, Carl A. Perla, Jr., Dale Zuchlewski, 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, Dale Zuchlewski, Hon. Vincent Tese, Hon. Anthony M. Masiello, 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 Monday, December 23, 1991 at 2:00 P.M. PRESENT - George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Pitts, and Zuchlewski - 12. ABSENT - Perla - 1. On a motion by Mr. Fahey, seconded by Mr. ,the minutes of the stated meeting held December 10, 1991, were approved FROM THE MAYOR No. 1 Veto Message - Transfer of 22 Rose Street to Gethsemane Missionary Baptist Church as Homestead Property Item No. 90, C.C.P., 12/2/91 I am vetoing the transfer of 22 Rose Street to the Gethsemane Missionary Baptist Church because such conveyance is contrary to the stated objectives of the Community Wide Urban Renewal Homestead Program which calls for the conveyance of vacant and substandard properties to individuals willing to improve and upgrade such properties in order to restore same to the tax rolls. Mr. Fahey moved to Override the Mayor's Veto of Item No. 90, C.C.P., December 2, 1991- Transfer 22 Rose St. to Gethsemane Baptist Church. Seconded by Mr. Bell. REPASSED. Ayes- 12 NOES- 0. No. 2 Designation of Nominees for appointment to the Board of Trustees of the Buffalo and Erie County Public Library Pursuant to Section 6212 of the Unconsolidated laws, being Chapter 768, Section 2 of the laws of 1953, transmitted herewith is a list of three (3) nominees designated by me as eligible for appointment to the Board of Trustees of the Buffalo and Erie County Public library. The County Executive, subject to confirmation by the County Legislature, will appoint one trustee from the said three (3) nominees for a term ending December 31, 1992. The vacancy was created by the death of the Reverend L.T. Boyce. Name Address Donna M. Lyons 29 Wright Ave., Bflo. 14215 Suzanne J. Bohen 156 McKinley Pkwy., Bflo. 14220 Mary Ann Kochersberger 295 Cold St., Bflo. 14206 Donna M. Lyons, a housewife and mother of three, holds an A.A. degree from Trocaire College in 1967, a B.A. degree from D'Youville in 1969 and an Ed. M. degree from SUNYAB in 1980. Donna Lyons is a foreign language teacher at Frederick Law Olmsted West. Suzanne J. Bohen is a housewife and lifelong resident of Western New York. She is a graduate of Genesee Community College, a former member of the Commission on Human Relations, and a very active community minded volunteer worker. Ms. Bohen is currently a Loan Specialist Aide in the Department of Inspections and Community Revitalization. Mary Ann Kochersberger is currently employed as Benefits Manager for the City of Buffalo Division of Labor Relations, Department of Administration and Finance. Ms. Kochersberger is a graduate of Kensington High School and is currently enrolled at the State University of New York at Buffalo. REFERRED TO THE COMMlTTEE ON LEGISLATION. No. 3 Designation of Nominees for Appointment to the Board of Trustees of the Buffalo and Erie County Public Library Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith is a list of three (3) nominees designated by me as eligible for appointment to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one trustee from the said three (3) nominees for a term ending December 31, 1996. The vacancy was created by the expiration of the term of Christine Ann Nigrelli on December 31, 1991. Christine Ann Nigrelli 413 Porter Avenue Buffalo, NY 14201 Sister Donna Anthony 472 Emslie Street Buffalo, NY 14212 Michael Lyons 29 Wright Avenue Buffalo, NY 14215 Christine Ann Nigrelli, a commercial real estate salesperson with Saperston Real Estate Associates, is a graduate of Nardin Academy of Buffalo and D'Youville College with a Bachelor of Arts degree. She also attended the University of Hawaii, Honolulu, Hawaii with a concentration in Educational Psychology. Christine Nigrelli served as secretary and treasurer of the Library Board in 1990 and 1991. Christine Ann Nigrelli is active in many civic associations: 1983 - present - Junior League of Buffalo, Buffalo, NY 1982 - present - Shea's Theatre Spotlight Committee, Buffalo, NY 1980 - 1981 - State Council of Healthing - Honolulu, Hawaii 1976 - 1979 - Queen's Medical Center Auxiliary, Honolulu, Hawaii Sister Donna Anthony, a Teacher Aide with the Buffalo Board of Education, is a graduate of Daemen College with a Bachelor of Science Degree in Elementary Education in 1971. Sister Donna Anthony taught in the parochial schools for 20 years. Michael Lyons, Supervisor of Construction-Modernization with the Buffalo Municipal Housing Authority earned a Bachelor of Arts Degree from SUNYAB in 1971. Mr. Lyons has served as a member of the Buffalo City Planning Board since 1978. REFERRED TO THE COMMITTEE ON LEGISLATlON. No. 4 Designation of Chairperson of Advisory Committee for People with Handicapping Conditions Pursuant to the powers vested in me by Section 91 of Article VI of the Charter of the City of Buffalo, as amended, I hereby designate Steven Truesdale, 505 Elmwood Avenue, Buffalo - 14222 as chairperson of the Advisory Committee for People with Handicapping Conditions. Steven Truesdale is employed by the Independent Living Center. I hereby certify that Steven Truesdale is fully qualified to serve as chairperson of the Advisory Committee for People with Handicapping Conditions. RECEIVED AND FILED. No. 5 Reappointment of members of Board of Directors of Buffalo Convention Center Management Corporation Pursuant to the powers vested in me by Section 2, Article III of the By-Laws of the Buffalo Convention Center Management Corporation, as amended, I hereby reappoint the below listed persons as members of the Board of Directors of the Buffalo Convention Center Management Corporation for terms expiring on November 30, 1994: Miss Florence Pantano 344 Lincoln Parkway Buffalo, 14216 Ronald J. Anthony 27 Lorelee Drive Tonawanda, 14150 I hereby certify that Florence Pantano and Ronald J. Anthony are fully qualified for reappointment as members of the Board of Directors of the Buffalo Convention Center Management Corporation. RECEIVED AND FILED. No. 6 Reappointment of member of Buffalo Environmental Management Commission Pursuant to the powers vested in me by Section 318.2 of the Charter of the City of Buffalo, as amended, I hereby reappoint Robert O'Hara, residing at 37 Woodward Avenue, Buffalo - 14214, as a member of the Buffalo Environmental Management Commission for a term expiring December 13, 1993. I herby certify that Robert O'Hara is fully qualified to serve as a member of the Buffalo Environmental Management Commission. RECEIVED AND FILED. No. 7 Reappointment of member of Board of Heating Examiners Pursuant to the powers vested in me by Section 238-17 of Article II of Chapter 238 of the Code of the City of Buffalo, I hereby reappoint Robert Moffett, residing at 776 Abbott Road, Buffalo 14220, as a member of the Board of Heating Examiners for a term expiring April 30, 1994. I hereby certify that Robert Moffett is fully qualified to serve as a member of the Board of Heating Examiners. RECEIVED AND FILED. No. 8 Reappointment of Member of Examining Board of Plumbers Pursuant to the provisions of Section 40-A of Article 4 of the General City Law of the State of New York and Section 311, Article 17 of the City Charter, I hereby reappoint Herbert F. Schmit, Jr., residing at 45 Evelyn Street, Buffalo, NY 14207, as a member of the Examining Board of Plumbers for a term expiring December 31, 1994. I hereby certify that Herbert F. Schmit, Jr. is fully qualified for reappointment to the examining Board of Plumbers. RECEIVED AND FILED. No. 9 Reappointment of member of Citizens Salary Review Commission Pursuant to the powers vested in me by Article 24, Section 452-A of the Charter of the City of Buffalo, as amended by Local Law No. 5 (1979), I hereby reappoint James G. McMahon residing at 32 Lyndhurst Avenue, Buffalo - 14216, as a member of the Citizens Salary Review Commission for a term expiring December 31, 1994. I hereby certify that James G. McMahon is fully qualified for reappointment to the Citizens Salary Review Commission. RECEIVED AND FILED. No. 10 Reappointment of member of Board of Ethics Pursuant to the powers vested in me by Section 12-19, Article II, Chapter 12 of the Buffalo Code, I hereby reappoint, subject to confirmation by Your Honorable Body, Professor Charles E. Carr, residing at 93 Croy Avenue, Buffalo 14215, as a member of the Board of Ethics for a term expiring September 4, 1996. I hereby certify that Professor Charles E. Carr is fully qualified for reappointment to the Board of Ethics. Mr. Fahey moved: That the communication from the Mayor's Office dated December 5, 1991, be received and filed; and That the reappointment of Professor Charles E. Carr, 93 Croy Avenue, Buffalo, New York 14215 as a member of Board of Ethics for a term expiring September 4, 1996 be confirmed. ADOPTED. No. 11 Reappointment of member of Buffalo Preservation Board Pursuant to the powers vested in me by Article II, Section 337-3, Part II of the Code of the City of Buffalo, I hereby reappoint subject to confirmation by Your Honorable Body, David W. Rumsey, residing at 33 Saybrook Place, Buffalo - 14209, as a member of the Buffalo Preservation Board for a term expiring August 31, 1994. David W. Rumsey, a licensed real estate broker, and member of the Greater Buffalo Board of Realtors, represents the real estate field on the Buffalo Preservation Board. I hereby certify that David W. Rumsey is fully qualified for reappointment to the Buffalo Preservation Board. Mr. Fahey moved: That the communication from the Mayor's Office dated December 5, 1991, be received and filed; and That the reappointment of Mr. David W. Rumsey, 33 Saybrook Place, Buffalo, New York 14209 as a member of the Buffalo Preservation Board for a term expiring August 31, 1994 be confirmed. ADOPTED. No. 12 Deconsolidate Civil Defense Program From County The City of Buffalo has had an Auxiliary Fire Corps for over fifty years. The Corps responds to multiple alarm fires and assists firefighters by picking up hose, salvaging property, and otherwise assisting at the fire scene at all hours and in all kinds of weather. As part of our disaster preparedness network, the Corps also responds to natural disasters, such as floods, blizzards, and ice and wind storms and assists in pumping out basements and protecting the property of our citizens. In the early 1950's, the City's Civil Defense Program was consolidated with the Civil Defense Programs of Erie County and the City of Lackawanna and the Town of Cheektowaga. The Auxiliary Fire Corps was part of the Civil Defense Program. Over the years, the emphasis shifted from preparation for nuclear attack to combating natural disasters such as floods and blizzards, and assisting the Fire Dept. at multiple alarm fires. In mid-November, just a week after the election, despite all the publicity during the campaign regarding the County's claims of assistance to volunteer fire services, the Erie County Commissioner of Emergency Services, unilaterally and without consultation with us, disbanded the Buffalo Auxiliary Fire Corps, and removed the two pumpers from the Buffalo firehouses in which they were quartered. The Commissioner has refused our requests to reconsider. The New York State Defense Emergency Act requires all Cities and Counties to maintain a Civil Defense Program. Section 27 of the Act permits Counties and Cities within the County to establish a consolidated Civil Defense Program, which we did in the 1950's. Section 27(4) of the Act permits the City, by giving 180 days notice to the County and other Cities, to deconsolidate and reestablish our own Civil Defense Program. I have discussed this matter with our Fire Commissioner and our Disaster Coordinator, and they agree that we should maintain our Auxiliary Fire Corps. Therefore, I am asking your Honorable Body to authorize me to give the County, Lackawanna and Cheektowaga 180 days notice of our desire to deconsolidate our Civil Defense Program. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 13 Sorrento Cheese Co. - Request to place an accessory, illuminated pole sign at 2375 S. Park Ave. Item No. 61, C.C.P., December 10, 1991. The City Planning Board at its regular meeting held Tuesday, December 17, 1991, considered the above application pursuant to Section 387-19 of the Buffalo Code, the Review of Pole Signs. The applicant seeks to place an illuminated pole sign measuring 4 feet by 12 feet, or 48 square feet, with an overall height of 14 feet. The applicant also seeks to replace an existing wall sign measuring 3 feet by 14 feet, or 42 square feet. The total signage requested is therefore 90 square feet. The site is located in a CM zone which permits such signage. Under S.E.Q.R., the proposed signs are Type II actions which do not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 14 Burger King - Application to place an illuminated pole sign with a reader board at 2335 South Park Ave.. Item No. 62, C.C.P., December 10, 1991. The City Planning Board at its regular meeting held Tuesday, December 17, 1991, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an accessory illuminated pole sign measuring 10 feet by 10 feet, or 100 square feet, and 25 feet high. A 4-foot 7-inch by 8-foot reader board will also be mounted on the poles. The area of the reader board will be 37.6 feet. The combined area of both signs will be 137.6 feet. The site is located in a C2 zone which permits accessory signs of 35 square feet in area, or the sum of 1 square foot for each linear foot of front lot line, whichever is greater. In this instance, the front lot line is 157 feet. Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 15 Family Dollar Store - Application to place an illuminated pole sign at 1870 Bailey Ave.. Item No. 63, C.C.P., December 10, 1991. The City Planning Board at its regular meeting held Tuesday, December 17, 1991 considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place a pole sign measuring 8 feet by 12 feet, or 96 square feet, and 24 feet in overall height. While the sign is located in a CI zone, the parcel on which the sign is located is partially in an R3 zone. Consequently, the more restrictive zoning classification (R3) governs the site. As a result of this, the proposed sign is not permitted under the zoning ordinance. Therefore, the applicant is seeking relief from the Zoning Board of Appeals to allow the sign. Under S.E.Q.R., the proposed sign is considered an unlisted action which does not require further environmental review. The Planning Board voted no objection to the proposed sign in that it would be compatible with the commercial development of the entire site. RECEIVED AND FILED. No. 16 Shirmaid Corporation - Application to erect an illuminated pole sign at 1624 William Street. Item No. 64, C.C.P., December 10, 1991. The City Planning Board at its regular meeting held Tuesday, December 17, 1991 considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an accessory illuminated pole sign which will be 25 feet in overall height and 84 square feet in sign face area (6 feet by 14 feet). The site is located in a CM zone which permits such signage. Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign as requested. RECEIVED AND FILED. No. 17 E. Norman - Request to convert a doctor's office into a beauty parlor. Item No. 65, C.C.P., December 10, 1991. The City Planning Board at its regular meeting held Tuesday, December 17, 1991, considered the above request pursuant to Section 511-12 of the Buffalo Code, the R3 Zoning District. The applicant seeks to convert an existing doctor's office into a three-chair beauty salon with an accessory wig retailing operation, and an accessory sign. The site is located in an R3 zone which permits two-chair residential beauty parlors located within dwellings. Consequently, the proposed beauty parlor which occupies the entire first floor dwelling unit of a two-story structure has three chairs and contains a retail element; i.e. the sale of wigs-which is not typical of residential beauty parlors. Consequently, the applicant should seek relief from the Zoning Board of Appeals for the intended use. Under S.E.Q.R., the proposed conversion may be considered an unlisted action which may be studied through uncoordinated review. While the Planning Board is cognizant of the fact that this type of retail operation is not permitted in an R3 zone, it was also sympathetic to the needs of the applicant. Consequently, the Board voted to recommend "no objection" to the proposed use and sign. Furthermore, the Board recommends that the fees incurred by the applicant for the processing of this application be returned to the applicant. RECEIVED AND FILED. No. 18 Kenmore Englewood Association - Request to abandon and sell a portion of Seattle Street. Item No. 56 and 135, C.C.P.. December 10, 1991. The City Planning Board at its regular meeting held Tuesday, December 17, 1991 considered the above request pursuant to Section 317.1 of the City Charter, Abandonment of Public Rights-of-Way. The applicant, Kenmore Englewood Association, is seeking permission to purchase a portion of Seattle Street (a paper street). The purpose of the purchase will be to expand an existing plaza. Seattle Street lies parallel to Kenmore Avenue and is bounded by Englewood Avenue on the east and railroad property currently owned by the NFTA. The applicant wishes to purchase the eastern end of the street which is contiguous to their plaza. By so doing, the remainder of Seattle Street would become a landlocked parcel of city-owned land. Furthermore, there currently exist both privately and publicly owned lots along the northern line of Seattle Street which would be similarly landlocked if the abandonment of the eastern end of Seattle Street would take place. Lastly, the potential development of a future station for the Tonawandas' extension of the fixed rail Metro system may be compromised by the proposed abandonment. It is for these reasons that the Planning Board voted to deny the abandonment and subsequent sale of the eastern terminus of Seattle Street. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 19 N.F.T.A. - Request to install various pole signs on Main St. Item No. 42, C.C.P., October 1, 1991. The City Planning Board at its regular meeting held Tuesday, December 17, 1991, considered the above request pursuant to Section 413-67 and 387-19 of the Buffalo Code, Review of Pole Signs and Right-of-Way Encroachments. The applicant, the N.F.T.A., seeks to place 10 freestanding pole signs in the vicinity of the underground Metro stations north of the Central Business District to the city line. The proposed signs will measure 15 feet in overall height, will be illuminated, and will be 10 square feet in actual sign area. The sign area, which is supported by a tubular frame, will bear the "METRO" logo which is incorporated throughout the Metro system. The purpose for the signs will be to more clearly identify the stations to promote their use. All of the proposed signs are located in the Transit Station zone where legislative intent is to promote transit usage. It should be noted that such signs are exempt from zoning regulations in that they are "signs of a duly constituted governmental body or agency ...." (511-1O3,B of the Buffalo Code). The signs have been reviewed by the Department of Public Works. That department has recommended its approval for them to Your Honorable Body. The Secretary of the Preservation Board was also asked to review the proposed signage and concluded as follows: "It appears that none of the locations are under the jurisdiction of the Preservation Board, however, if desired, I could present the proposed sites A/B and J (i.e. the Allen Hospital Station and South Campus Station) at the December 19, 1991 Preservation Board meeting to see if any members have any comments or concerns." It should also be noted that the signs at the Delaware/College Station and the west side of Main Street at the Humboldt Hospital Station may be in or contiguous to National Register districts. Under S.E.Q.R., the Board determined that the proposed signs were a Type II action, since they represented the "construction or placement of minor structures accessory or appurtenant to existing facilities" (S.E.Q.R. Section 617.13(d), (8)). Moreover, the Board felt that the proposed signs were necessary to promote the use of the Light Rail Rapid Transit System. Consequently, the Board voted to approve the proposed signs as presented. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF PARKING No. 20 Change Order No. 1 Eagle Parking Structure Contract No. 91599400 Frank L. Ciminelli Const. Co. Inc. TC 102/104 I herewith submit to your Honorable Body the following change in contract for the construction of the Eagle Parking Ramp with the Frank L. Ciminelli Construction Co. Inc. 1 Bulletin "A" Revisions 0.00 2 Beam B-11 & B-38 Changes $215.64 3. Chipping @ Column B-13 $212.46 4. Urethane Injection $4,152.00 5. Switchgear Enclosure $1,287.00 6. Sloped Roof Revisions $0.00 7. RFl 114 Changes $270.30 8. Roof Beam Bracing $512.00 9 Eagle St. Asphalt Work -$1,215.00 10. RFT 96 Slab gap @ E4 $387.00 11. Bond Beam @ Tower A $65.00 12. PC detail D19 @ Lvl 2 $601.00 13. Ground Block @ Twr "C" $292.00 14. Switchgear Enclosure $4,771.00 15. Masonary @ elev. Doors $7,844.48 16. Aluminum Grill Revs. -$1,480.00 17. Signage & Graphics -$10,874.00 18. Paint @ Window Beams $3,579.04 19. Handrail @ Parking Gate $1,042.00 20. Signage Revisions I $5,727.00 21. Relocate Lightpole Base $692.25 22. Cast Concrete Bollards $7,541.00 23. Tower D Access Door $240.00 24. Painting schedule -$900.15 25. Relocate PM's trailer $129.00 26. Elevator pit ladders $704.00 27. Scope Allowances -$24,470.00 28. Stair Tower Painting $4,317.60 29. Elevator Shaft Access -$1,246.31 30. Signage Revisions II $3,318.50 31. Premium Time-Signs $205.76 32. Caulk, Sidewalk Joints $1,760.78 33. Elevator Sump Pump $385.33 TOTAL (ADD) $10,066.68 0riginal Contract Amount $6,092,650.00 Amount Chance Order No. 1 (ADD) $ 10,066.68 Revised Contract Amount $6,102,716.68 Mr. Fahey moved: That the communication from the Board of Parking dated December 18, 1991 be and the same hereby is received and filed; and That the Director of Parking be and he hereby is authorized to issue a change order to Frank L. Ciminelli Construction Co. Inc. in the amount of $10,066.68 for additional work under Contract No. 91599400 for work relating to Eagle Parking Ramp. PASSED. AYES- 12 NOES- 0. No. 21 Change Order No. 2 Eagle Parking Structure Contract No. 91599600 Wittburn Enterprises TC 108 I herewith submit to your Honorable Body the following change in contract for the construction of the Eagle Parking Ramp with Wittburn Enterprises: 1. Switchgear Enclosure $0.00 2. Sloped Roof Revisions $0.00 3. Contractor Mounting $613.00 4. Streetlight Conduit $649.00 5. Telephone/Intercom $5,452.00 6. Visa Exterior Fixtures $1,470.61 7. Banner Light Relocate $602.00 8. Trailer Reconnect $446.70 9. Elevator Code Changes $4,384.75 10. Elev. Circuit Breakers $3,871.00 11. Misc. Electrical $1,885.95 Total $19,375.01 Original Contract Amount $358,000.00 Amount Change Order No. 1 ($ - 736.95) Amount Change Order No. 2 $ 19,375.01 Revised Contract Amount $376,638.06 These changes could not be seen at the time the contract was bid. Costs have been reviewed by both the Architect and Construction Manager and found to be fair and equitable. These are the final contract close out changes. I recommend to Your Honorable Doby to authorize the Director of Parking to issue a Change Order to the Contractor as set forth above. Funds are available for this work in Bond Fund 41 5-410-005-00-000. The following is a summary of all contracts let for the Eagle Parking Structure and the associated change orders and final contract prices: ORIGINAL REVISED CONTRACT CHANGE ORDERS CONTRACT (TC 101) Substructure $ 2,401,600. -$(33,735.12) $2,367,864.88 Ciminelli (TC 102/104) Superstructure $ 6,092,650. + $ 10,066.68 $6,102,716.68 Ciminelli (TC 103) Pre-Cast $577,000. +$ 27,421.00 $ 604,421.00 Modern Mosaic (TC 105) Parking Equipment $121,082. $ 59,090.50 $ 180,172.50 Allright (TC 106) Elevators $208,500 $ 3,125.69 $ 211,625.69 Dover (TC 107) Plumbing $40,496. $ 20,027.35 $60,523.35 H&M (TC 107A) Mechanical $10,400. $ O $10,400.00 Danforth (TC 108) Electrical $358,000. $ 18,638.06 $ 376,638.06 Wittburn $9,809,728.00 $104,634.16 $9,914,362.16 Mr. Fahey moved: That the communication from the Director of Parking dated December 19, 1991 be and the same hereby is received and filed; and That the Director of Parking be and he hereby is authorized to issue a change order to Wittburn Enterprises in the amount of $19,375.01 for additional work under Contract No. 91599600 for work relating to Eagle Parking Ramp with said cost to be charged against Bond Fund #415-410-005-00-000. PASSED. AYES- 12 NOES- 0. No. 22 Change Order No. 1 Eagle Parking Structure Contract No. 91612000 Allright Auto Parks, Inc. TC 105 I herewith submit to your Honorable Body the following change in contract for the construction of the Eagle Parking Ramp with the Allright Auto Parks, Inc. 1. Bulletin "A" Revisions $ 0.00 2. Power Scrubber/Sweeper Machine $ 35,950.00 3. Flags and Banners $ 440.50 4. Bobcat Power Machine $ 22,700.00 Total $ 59,090.50 Original Contract Amount $121,082.00 Amount Change Order No. 1 $ 59,090.50 Revised Contract Amount $180,172.50 The two pieces of power equipment were bid as alternates at the time of the original bidding but not awarded at that time. The budget now allows us to accept them and we received end of the year price breaks on both the power scrubber/sweeper and the bobcat. Original Alternate #9 Sweeper Price Price Now $ 38,340.00 $35,950.00 Original Alternate #9A Bobcat Price Price Now $ 25,362.00 $22,700.00 Total $ 63,702.00 $58,650.00 Costs have been reviewed by both the Architect and Construction Manager and found to be fair and equitable. These are the final contract close out changes. I recommend to your Honorable Body to authorize the Director of Parking to issue a Change Order to the Contractor as set forth above. Funds are available for this work in Bond Fund 41 5-410-005-00-000. Mr. Fahey moved: That the communication from the Director of Parking dated December 18, 1991 be and the same hereby is. received and filed; and That the Director of Parking be and he hereby is authorized to issue a change order to Allright Auto Parks, Inc. in the amount of $59,090.50 for additional work under Contract No. 91612000 for work relating to Eagle Parking Ramp with said cost to be charged against Bond Fund #415-410-005-00-0O0. PASSED. AYES- 12 NOES- 0. No. 23 Change Order No. 1 Eagle Parking Structure Contract No. 91599800 H&M Plumbing & Mechanical Contracting, Inc. TC 107 I herewith submit to your Honorable Body the following change in contract for the construction of the Eagle Parking Ramp with the H&M Plumbing & Mechanical Co. 1. Bulletion "A" Revisions $ 0.00 2. Manager's Office Slab $ 108.00 3. Dry Standpipe system $ 18,642.00 4. Switchgear Enclosure $ 0.00 5. Sloped Roof Revisions $ 0.00 6. Hot Water tank support $ 141.00 7. Elevator Sump Pump $ 992.35 8. Hose bib at Manager's 144.00 Total $ 20,027.35 Original Contract Amount $ 40,496.00 Amount Change Order #1 $ 20,027.35 Revised Contract Amount $ 60,523.35 Please note that $18,642.00 of the change order is a "hardship claim" on the part of H&M Plumbing & Mechanical Contractors, Inc. for having erroneously excluded this work from his base bid and having included it in Alternate No. 5 which the City did not accept. I am attaching a tabulation sheet of all the bids received for the plumbing work and the three alternates solicited (Alternate No. 5 is the pertinate item). After review by the Architect, Construction Manager and the Director of Parking of material submitted, all three parties agree that H&M Plumbing & Mechanical Contractors, Inc. erroneously excluded the drj standpipe fire protection system from his base bid. These are the final contract close out changes. I recommend to your Honorable Body to authorize the Director of Parking to issue a Change Order to the Contractor as set forth above. Funds for this work are in Bond Fund 415-410-005-00-000. Mr. Fahey moved: That the communication from the Director of Parking dated December 18, 1991 be and the same hereby is received and filed; and That the Director of Parking be and he hereby is authorized to issue a change order to H & M Plumbing & Mechanical Contracting, Inc. in the amount of $20,027.35 for additional work under Contract No. 91599800 for work relating to Eagle Parking Ramp, with said cost to be charged against Bond Fund #415-410-005-00-000. PASSED. AYES- 12 NOES - 0. No. 24 Change Order No. 1 Eagle Parking Structure Contract No. 91599500 Dover Elevator Company I herewith submit to your Honorable Body the following change in contract for the construction of the Eagle Parking Ramp with the Dover Elevator Company. 1. Bulletin "A" Revisions $ 0.00 2. Switchgear Enclosure $ 0.00 3. Top Divider Beam $1,500.00 4. Elevator Shaft Access $1,354.69 5. Preliminary Inspection $271.00 Total $3,125.69 Original Contract $ 208,500.00 Amount Change Order #1 $ 3,125.69 Revised Contract Amount $ 211,625.69 These changes could not be seen at the time the contract was bid. Costs have been reviewed by both the Architect and Construction Manager and found to be fair and equitable. These are the final contract close out changes. I recommend to Your Honorable Body to authorize the Director of Parking to issue a Change Order to the Contractor as set forth above. Funds for this work are in Bond Fund 415-410-005-00-000. Mr. Fahey moved: That the communication from the Director of Parking dated December 18, 1991 be and the same hereby is received and filed; and That the Director of Parking be and he hereby is authorized to issue a change order to Dover Elevator Company in the amount of $3,125.69 for additional work under Contract 91599500 for work relating to Eagle Parking Ramp with said cost to be charged against Bond Fund 415-410-005-00-000. PASSED. AYES- 12 NOES- 0. No. 25 Change Order No. 2 Eagle Parking Structure Trade Contract No. 91599200 Modern Mosaic Limited TC 103 I herewith submit to Your Honorable Body the following changes in contract for the construction of the Eagle Parking Ramp with Modern Mosaic Limited: 1. Switchgear Enclosure $ 0.00 2. Misc. Extra Precast $4,550.00 3. Barbell Panel Change $7,446.00 Total of this Change Order $11,996.00 Original Contract Amount $ 577,000.00 Amount Change Order No. 1 (ADD) $ 15,425.00 Amount This Change Order No. 2 $ 11,996.00 Revised Contract Amount $ 604,421.00 These changes could not be seen at the time the contract was bid. Costs have. been reviewed by both the Architect and Construction Manager and found to be fair and equitable. These are the final contract close out changes. I recommend to Your Honorable Body to authorize the Director of Parking to issue a Change Order to the Contractor as set forth above. Funds for this work are available in Bond Fund 41 5-410- 005-00-000. Mr. Fahey moved: That the communication from the Director of Parking dated December 18, 1991 be and the same hereby is. received and filed; and That the Director of Parking be and he hereby is authorized to issue a change order to Modern Mosaic Limited in the amount of $11,996.00 for additional work under Contract 91599200 for work relating to Eagle Parking Ramp with said cost to be charged against Bond Fund #415-410-005-00-000. PASSED. AYES- 12 NOES - 0. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 26 Award Bid - Box Office Exclusivity at Memorial Auditorium On October 21, 1991, the Board of Stadium and Auditorium advertised and sent out notices requesting proposals from all interested parties in providing all professional services necessary for the operation of a computerized ticketing service. The awarded contract would grant the ticket agency exclusivity to sell tickets for all admission charged events presented in Memorial Auditorium for approximately a three (3) year duration, January, 1992 through' December, 1994, with the exclusion of Buffalo Sabres games; Sabres sponsored sporting events; Canisius College basketball games; and other professional sports franchises that may sign a lease agreement with the City of Buffalo during the life of the contract. With a deadline of November 15, 1991 set for submission of proposals, three (3) were received and opened at a Board of Directors meeting held on Monday, November 18, 1991. Proposals were received from Ticketmaster New York, Prime Seats, Inc., and Central Ticket office. After a two (2) week review of the proposals, the Board of Directors at a meeting held on Tuesday, December 3, 1991 awarded exclusivity to Prime Seats, Inc. In direct comparison to the other two (2) proposals, Prime Seats Inc. was financially more beneficial to the City of Buffalo/Memorial Auditorium. The Board of Directors hereby recommends that your Honorable Body grant the undersigned the authority to enter into a lease agreement with Prime Seats, Inc. REFERRED TO THE COMMITTEE ON FINANCE AND THE BOARD OF STADIUM AND AUDITORIUM. FROM THE BUFFALO PRESERVATION BOARD No. 27 Proposed Landmark Designation 2211 Main Street S.U.N.Y.A.B. School of Medicine Division of Social & Preventive Medicine (former Marine Hospital) Buffalo, New York 14214 At its regular meeting October 31, 1991, the Buffalo Preservation Board, having conducted a public hearing on October 3, 1991, as required by the Preservation Standards of the Buffalo Code, recommended designation of the S.U.N.Y.A.B. School of Medicine, Division of Social & Preventive Medicine, (former Marine Hospital), at 2211 Main Street, as a local historic landmark. This recommendation is the result of findings contained in a report prepared by the Board's Landmark Designation Committee. A copy of the Committee report and the Landmark Application/Photos are enclosed for your information. The Preservation Board determined that this structure meets the following criteria specified in the Code for landmark designation: a) It has character, interest or value as part of the development and heritage of the City of Buffalo; b) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type and method of construction; c) It is the work of a master architect whose individual work has influenced the development of the city, state and nation. The recommended designation is for the 3 1/2 story Federal style building, known as building "A", and the lands to the side, rear and front of the building extending to the right-of-way line of Main Street, a land plat approximately 180' wide x 210' deep. (Refer to attached site map). Pursuant to Article 111, Section 337-9 through 12 of the Preservation Standards, the Committee on Legislation shall hold a public hearing on the aforementioned item and report back to the Common Council with a recommendation on its findings. For your information, the owner(s) agent listed below, indicated that the University has no objection to the landmark designation: Mr. Voldemar Innus Associate Vice President for Facilities Planning & Design State University of New York at Buffalo 520 Capen Hall Buffalo, New York 14260 For the record, the vote by the Preservation Board on this item was as follows: AYES: Bis, Conlin, Deck, Forton, Fox, Leary, Lownie, Rumsey NAYES: None ABSENT: Draper, Krasowski, Levin Motion carried. The application was prepared and submitted by: John H. Conlin 23 University Avenue Buffalo, New York 14214 If you have any questions, please contact James P. Mandell, Board Secretary, at extension 5071/5029. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 28 Balance Sheets and Supporting Schedules for the 10 Month Period Ending April 30, 1991 1 transmit herewith various balance sheets and statements for April, 1991 showing the condition of all funds and accounts for the ten months ending April 30, 1991. RECEIVED AND FILED. No. 29 Balance Sheets and Supporting Schedules for the 11 Month Period Ending May 31, 1991 I transmit herewith various balance sheets and statements for May, 1991 showing the condition of all funds and accounts for the eleven months ending May 31, 1991. RECEIVED AND FILED. No. 30 Certificate of Determination $75,000,000 Revenue Anticipation Notes CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION, ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $75,000,000 REVENUE ANTICIPATION NOTES-1991/92-A OF THE CITY OF BUFFALO, NEW YORK. The Notes are hereby sold at private sale to Donaldson, Lufkin & Jenrette Securities Corp., New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated December 5, 1991, between said Managing Underwriter and the City. The Notes will be dated December 12, 1991 and will bear interest at the rate (4. 60%) per annum, payable on July 24, 1992. The Notes will be delivered and shall be paid for on or about December 12, 1991 in New York, New York. A Supplemental Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716)851-5255. RECEIVED AND FILED. No. 31 Comptroller's Appointment Board of Directors - B-CAM Buffalo Cable Access Media This communication will serve to make my appointment to the Board of Directors of B-CAM (Buffalo Cable Access Media). I am pleased to appoint Cheryl Jackson to this Board. Ms. Jackson is currently the Executive Director of Squeaky Wheel/Buffalo Media Resources, Inc., as well as a teaching artist in Video for the Arts-in-Education Institute of Western New York, and a video artist. It is because of Ms. Jackson's experience in the independent media field, both as an administrator and an artist, that I feel she is qualified to accept a position on the Board of B-CAM. The programs at Squeaky Wheel, such as workshop instruction and equipment access, are very similar to the kinds of training and access programs B-CAM will be setting up. I am confident that his. Jackson will be able to assist greatly in the planning and implementation of these programs. Furthermore, I feel that her experience and contacts relating to community outreach will also be of help in formulating plans in that area. I am attaching a copy of Ms. Jackson's resume- for your information. RECEIVED AND FILED. No. 32 Claim of Kleinhans Music Hall Management, Inc. $140,975.00 On July 23, 1991, the Common Council, pursuant to Item No. 122, C.C.P. approved payment of a claim of Kleinhans Music Hall Management, Inc. in the amount of $140,975.00 and directed that a check be drawn on the account of 81-2-General City Charges 100-812-000-00-809 Judgment and Claims, Prior Years. On August 5, 1991 Mayor Griffin vetoed the payment and on September 3, 1991 his veto was overridden by the Common Council pursuant to Item #3 C.C.P. Since the veto override by the Common Council, I have not received the necessary voucher forms to process the claim from the Law Department. Therefore, my office has been unable to process the claim for payment. Additionally, on December 17, 1991, I received an opinion from Acting Corporation Counsel Peter Morrow, which in substance states that the action of the Common Council in approving payments of the claim was not valid and the claim may not be paid. Under the circumstances, I am advised by City Auditor, Richard Pawarski, that the claim cannot be processed. Accordingly, pursuant to Article II, Section 16-14 of the City Charter, I am referring the claim back to the Common Council to determine whether the Council by a majority vote, desires to audit the claim and order a warrant be drawn to pay the claim on the basis that it is legal liability of the City of Buffalo. A copy of Charter Section 16-14 is enclosed for your review. In light of the fact that this matter has been pending for over three (3) months I would ask that the Council place this matter on its agenda at its next regularly scheduled meeting. RECEIVED AND FILED.. No. 33 Inter fund Loan Request 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 $250,000 for Fountain Plaza Right of Way Improvements. The loan will be repaid when bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Capital Proj 200-717-036 BAN/ Bond Sale $250,000 Mr. Fahey moved: That the communication from the Comptroller dated December 11, 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 $250,000.00 for the Fountain Plaza Right of Way Improvements. PASSED. AYES - 12 NOES - 0. No. 34 BUFFALO CIVIC AUTO RAMPS ABATEMENT OF $202,362.23 We request your Honorable Body to approve an abatement of 04-3 Real Estate Invoice AR 001048 to Buffalo Civic Auto Ramps in the amount of $202,362.23. This approval is necessary since the billing is dated May, 1991, a prior fiscal period. The abatement is pursuant to Buffalo Civic Auto Ramp Lease provision paragraph 3F. Bill was sent out 5/31/91 for June, 1991 as follows: Billed $340,000.00 Paid 137,637.77 Amount to be Abated $202,362.23 REFERRED To THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 35 Renew Lease Agreement Between the City of Buffalo and West Side Emergency Food Center, Inc. 378 Massachusetts Avenue Item #1, C.C.P. 9/30/86 The Office of the Comptroller, Division of Real Estate, has received a request from the West Side Emergency Food Center, Inc.. to renew their lease for the City-owned property located at 378 Massachusetts Avenue. They wish to renew their lease for another five years, under the same terms and conditions, commencing the first day of January 1992 and ending on the 31st day of December 1996. Their current lease provides for the center to pay all utilities, maintenance and up-keep of the property. They will provide a Owners, Landlord and Tenants Policy, in the amount of $500,000. for bodily injury and property damage combined. In addition, the lease may be cancelled with a 30 day notice to remove at any time. As Your Honorable Body knows, the invaluable services provided by the center to the poor are needed more than' ever before. Therefore, I am recommending that Your Honorable Body approved the lease renewal request by the West Side Emergency Food Center, Inc. for an additional five years. Mr. Fahey moved: That the communication from the Comptroller dated December 13, 1991 be received and filed; and That the Comptroller be and he hereby is authorized to prepare a lease renewal agreement between the City and the West Side Emergency Food Center, Inc. for city-owned property located at 378 Massachusetts Avenue. The lease renewal is to be for a term of an additional five (5) years commencing January 1, 1992 and terminating December 31, 1996, all other terms and provisions of the lease shall remain unchanged; and That the Mayor be and he hereby is authorized to execute said lease renewal agreement. PASSED. AYES- 12 NOES - 0. No. 36 Results of Negotiations 57 Landon, S 545' E Jefferson Vacant Lot: 30' x 110' Assessed Valuation: $430 Item #19, C.C.P. 9117/91 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. James Bryant, 55 Landon Street, Buffalo, New York to purchase the above referenced property. Mr. Bryant intends to purchase this property and expand his yard area. An independent appraisal of the property was conducted by Able Appraisals Associates, 2560 Bailey Avenue, Buffalo, New York 14215. They have indicated that the sales of similar properties in the area range from .23 to .38 a sq. ft. and have indicated a fair market value for the subject to be Eleven Hundred and Fifty Dollars ($1,150). The results of our negotiations are that Mr. James Bryant has agreed and is prepared to pay Eight Hundred Dollars ($800) for the subject property. He will also pay for the cost of appraisal, transfer tax and cost of the legal description. This property has been in the City's inventory since 1986 without any serious offers. Mr. Bryant's offer of Eight Hundred Dollars ($800) represents about .24 a sq. ft. Therefore, I am recommending that Your Honorable Body accept the offer of Mr. James Bryant, 55 Landon Street, Buffalo, New York 14208 in the amount of Eight Hundred Dollars ($800) and authorize the conveyance of said deed. Mr. Fahey moved: That the above communication from the Comptroller, dated December 16, 1991, be received and filed; and That the offer of James Bryant residing at 55 Landon Street, Buffalo, New York, in the sum of Eight Hundred Dollars ($800.00) to purchase: 57 Landon Street, Buffalo, New York, be and hereby is accepted; and That the appraisal report, requested by the City, and transfer tax, and cost of legal description will be paid by the purchaser; 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. 37 Results of Negotiations 495 Riley, S 28' E Wohlers Lot Size 30' x 105' Assessed Valuation: $9,300 Land: $1,100 Improvements: $8,200 45 Zenner, E 511' S Ferry Lot Size: 30' x 100' Assessed Valuation: 10,500 Land:$ 900 Improvements:$ 9,600 Item #112, 9/17/91 Your Honorable Body authorized the Commissioner of Inspections and Community Revitalization' to negotiate a private sale with Mr. Ronnie Redfern, Sr.", 149 Butler Avenue, Buffalo, New York 14208 for the purchase of the above captioned properties. The Commissioner has referred this item to the Off ice of the Comptroller, Division of Real Estate, for negotiations. Mr. Redfern intends to purchase and renovate these two structures. He has furnished the Division of Real Estate with sufficient financial information showing his ability to carry-out the purchase and renovation of these two properties. An independent appraisal of the two properties was conducted by National Appraisal & Realty, Michael Molfese, Appraiser, 94 Caesar, Amherst, New York 14221. He has estimated the fair market value of 495 Riley to be Fifteen Hundred Dollars ($1,500). This property consists of a two story, two-family home, situated on a lot 30' x 105'. The structure is in very poor condition and requires substantial renovation at this time. The appraiser has estimated market value at Fifteen Hundred Dollars ($1,500), One Thousand Dollars ($1,000) for the shell plus Five Hundred Dollars ($500) for the land. The second property at 45 Zenner Street consists of a vacant two-family structure, situated on a lot 30' x 110'. This structure is also in very poor condition and in need of rehabilitation. The appraiser has estimated the fair market value to be One Thousand Dollars ($1,000), with Seven Hundred Dollars ($700) allocated towards the improvement and Three Hundred Dollars ($300) for the land. The results of our negotiations are that Mr. Redfern has agreed and is prepared to pay Fifteen Hundred Dollars ($1,500) for 495 Riley and One Thousand. Dollars ($1,000) for the property at 45 Zenner Street. He has also agreed to pay for the cost of appraisal, transfer tax and cost of the legal description. I am, therefore, recommending that Your Honorable Body approve the offer of Fifteen Hundred Dollars ($1,500) for 495 Riley Street and One Thousand ($1,000) for 45 Zenner Street and authorize the conveyance of deeds for the above captioned properties. Mr. Fahey moved: That the above communication from the Comptroller, dated December 16, 1991, be received and filed; and That the offers of Ronnie Redfern, Sr., residing at 149 Butler Avenue, Buffalo, New York, in the sum of Fifteen Hundred Dollars ($1500.00) to purchase: 495 Riley Street, Buffalo, New York, and One Thousand Dollars ($1000.00) to purchase 45 Zenner Street, Buffalo, New York, be and hereby are accepted; and That the appraisal reports, requested by the City, and transfer taxes, and cost of legal descriptions will be paid by the purchaser; and That the Mayor be, and he hereby is, authorized to execute deeds, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bids were submitted. PASSED. AYES- 12 NOES - 0. No. 38 Abandon Portion of Seattle Street Item #56, C.C.P. 12/10/91 Item #135, C.C.P. 12/10/91 Your Honorable Body has forwarded the above items to the Committee on Legislation, the Comptroller's Office and various City Departments for a response. Item #56 is a letter from Kenmore-Englewood Associates, 392-400 Kenmore Avenue, Buffalo, New York requesting that the City of Buffalo abandon a portion of a Paper Street known as Seattle Street, which is directly behind the Kenmore-Englewood Plaza. Item #135 is a resolution by Mr. Amos requesting the Common Council to authorize the Comptroller to negotiate a sale of that portion of Seattle Street. Should Your Honorable Body authorize the abandonment/sale of Seattle Street this office, through the Division of Real Estate, will employ its usually procedures in accordance with Sections 390 of the City Charter - Discontinuing and Altering Streets and Section 514 - Appraisal of Abandoned or Unappropriated Real Property. The Division of Real Estate has been in contact with the attorneys representing Kenmore-Englewood Associates and will assist them in complying with the above referenced Sections of the City Charter. The Office of the Comptroller recommends that Your Honorable Body authorize the Comptroller, Division of Real Estate, to negotiate a sale with Kenmore-Englewood Associates, Inc. and report the results back to Your Honorable Body for final approval. Said abandonment and sale will be subject to the terms and conditions recommended by the Commissioner of Public Works and the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 39 Parking Fines by Credit Card As you well know, the City of Buffalo is currently experiencing financial difficulties during the current fiscal year, and that outstanding parking fines and penalties owed to the City total approximately $17.5 million. Since Your Honorable Body is exploring various means to collect these outstanding debts, it has been brought to my attention that the State of New York has provided enabling legislation allowing the payment of parking fines by credit card. Therefore, I suggest that Your Honorable Body consider passing a local law, ordinance or resolution, pursuant to Article II, Section 5 of the General Municipal Law to allow the City to enter into an agreement with a financing agency in order to accept credit card payments of parking fines. This measure would assist the public in paying their obligations to the City by providing another option for payment, and hopefully, reduce outstanding debt owed to the City of Buffalo. If Your Honorable Body finds this proposal has merit, my office wishes to be included in the discussions and drafting of the proper resolution. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Substance Abuse Lease Purchase A brief review of the proposed Lease Purchase of a Copy Machine by the Division of Substance Abuse indicates: (a) The interest being charged is 16.61% which is excessive at todays low interest rates. (b) The contract must include a State mandated non-appropriation clause. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Report of Audit Municipal Civil Service Commission In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Municipal Civil Service Commission audit report for the period September 1, 1989 to December 31, 1990. Our audit has recommended that examination fees be deposited directly into the City's General Fund as opposed to deposits made into the Trust and Agency Fund. We have also recommended several bookkeeping procedures be utilized to tighten the existing system of control over examination fees. REFERRED TO THE COMMITTEE ON FINANCE AND THE CIVIL SERVICE COMMISSION. FROM THE COMMISSIONER OF PUBLIC WORKS No. 42 Monthly Report Licenses issued November 1991 I am respectfully submitting the enclosed report of licenses issued in the month of November 1991 by the Division of License. RECEIVED AND FILED. No. 43 Extension of Time on Contract Insulated Glass Replacement City Court Building Buffalo, New York In accordance with the terms of the contract between the City of Buffalo and Marcon Erectors, C-91635500, the work should have been completed by October 12, 1991. Due to poor weather conditions this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to January 31, 1992 to Marcon Erectors to complete the work of their contract. RECEIVED AND FILED. No. 44 Extension of Time on Contract New Parkside Entrance Buffalo Zoological Gardens In accordance with the terms of the contract between the City of Buffalo and the contractors listed below, the work should have been completed by November 30, 1991. Due to the late start and funding delay for the mechanical contract the work could not be completed on time. This is the first extension of time on this project. I have granted an extension of time to January IS, 1992 for these firms to complete the work on their contracts: Ferraina Construction Co. Inc. C #91625800 Grand Island Electric C #91633900 C & C Plumbing C #91634000 Allied Mechanical C #91640300 RECEIVED AND FILED. No. 45 Notification Serial #8218 STOP In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 11 of Section 9 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP VEHICLES ON SHALL STOP BEFORE ENTERING Norwood Avenue Breckenridge Street RECEIVED AND FILED. No. 46 Crime Watch Signs Item No. 143, C.C.P. 11/12/91 This is in reply to your request of November 13, 1991. This department has not handled these installations in the past. It was done in cooperation with the Police Liaison Office and the Department of Human Resources (Welfare Worker Program). We neither have the money nor the manpower to install the volume of signs that are needed for this program. If additional monies are made available in next year's Capital Budget, we may be able to assist with installation at that time. However, because of manpower limitations, I am still not convinced that these could be done in a timely and efficient manner. RECEIVED AND FILED. No. 47 Solicitation of Funds application Buffalo Professional Firefighters Local 282 Attached is an application for Solicitation of Funds for the Buffalo Professional Firefighters Local 282 to solicit funds in the Buffalo area on January 10, 1992. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Fahey moved: That the communication from the Commissioner of Public Works dated December 16, 1991 be received and filed; and That the Director of Licenses be and hereby is authorized to exempt the Buffalo Professional Firefighters Local 282 from the licensing requirements of the City Code for the purpose of soliciting funds within the City on January 10, 1992. PASSED. AYES - 12 NOES - 0. No. 48 Solicitation of Funds application New York Public Interest Research Group, Inc. (NYPIRG, Inc.) Attached is an application for Solicitation of Funds for the New York Public Interest Research Group, Inc. (NYPIRG, Inc.) to solicit funds in the Buffalo area from December 23, 1991 to January 23, 1992. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Fahey moved: That the communication from the Commissioner of Public Works, dated December 19, 1991, be received and filed; and That the Director of Licenses be, and he hereby is, authorized to exempt the New York Public Interest Research Group, Inc. (NYPIRG, Inc.) from the licensing requirements of the City Code for the purpose of soliciting funds within the City from December 23, 1991 to January 23, 1992. PASSED. AYES - 12 NOES - 0. No. 49 Emergency Retubing of Condenser Riverside Ice Rink On 11/20/91 the stationary engineers at the Riverside Ice Rink reported that the Ice Rink's refrigeration system was calling for ammonia, at all times, while the system was running. The Parks Department then called Davis Refrigeration to check for a potentially dangerous ammonia leak in the system. On 11/22/91 Davis Refrigeration replaced a leaking plug, in a tube, in the condenser and subsequently found three additional tubes leaking. At this point the decision was made to replace all the tubes in the condenser. This decision was also prompted by the fact that the ice in the rink had begun to melt because the system had been shut down for two days. I am therefore reporting to Your Honorable Body the fact that an Emergency was declared and that Davis Refrigeration was instructed to retube the condenser on a time and material basis. Total cost of the repairs is $24,126.82. Appropriate funds for this emergency are available in the Division of Buildings. RECEIVED AND FILED. No. 50 Permission to Engage Consultant Plans and Specifications Squaw Island Landfill Closure I respectfully request Your Honorable Body'S permission to engage a Consultant to prepare plans and specifications, advertise and receive sealed proposals for the Landfill Closure Plan - Squaw Island. Funds for this project will be available in Capital Project Fund 200-717-089. Mr. Fahey moved: That the communication from the Department of Public Works, dated December 9, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a Consultant to prepare plans and specifications for the Landfill Closure Plan at Squaw Island, with said cost to be charged against Account 200-717-089. ADOPTED. No. 51 INFORMAL BID REPAIRS - 48 INCH TRANSMISSION MAIN LOCATED AT INTERSECTION OF NIAGARA STREET AND PORTER AVENUE The Division of Water accepted informal bids to repair an existing 48 inch transmission main located at the intersection of Niagara Street and Porter Avenue. Nichter Utility Construction Company, 344 Vulcan Street, Buffalo, New York was awarded the informal bid per their quotation in the amount of $19,100.00 and they were authorized to proceed to do the work under Service Order No. 10722490. The repairs had to be made as quickly as possible to this feeder main in order to insure the continued distribution of water to many thousands of water consumers. Therefore, I hereby respectfully request your Honorable Body's immediate approval of the action I have taken. Funds for this work are available in the Division of Water's 015-00-561 account. Mr. Fahey moved: That the communication from the Department of Public Works, dated December 17, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contracts to repair an existing 48 inch transmission main located at the intersection of Niagara Street and Porter Avenue in the amount of $19,100.00, to Nichter Utility Construction Company, 344 Vulcan Street, Buffalo, New York, the lowest responsible bidder, with said costs to be charged to the Division of Water's 015-00-561 Account. PASSED. AYES- 12 NOES - 0. No. 52 Report of Bids Reconstruction of Pools Various Locations - 1992 Buffalo, New York I advertised for on December 3, 1991 and received the following sealed proposals which were publicly opened and read on December 17, 1991. General Construction work Patterson - Stevens, Inc. $ 87,825.00 Gerald T. Stay Co. 107,000.00 Seneca-Hawk, Inc. 140,423.00 Nichter Construction 169,000.00 LCP Construction Corp. 200,225. 00 Enviro Concern, Inc. 225,700.00 Plumbing Work NuMarco, Inc. 87,000.00 Handy Co. ,Inc. 107,107.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. 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 200-402-063 - Division of Buildings. Total estimate for this work was $210,000.00. Mr. Fahey moved: That the communication from the Commissioner of Public Works dated December 16, 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 Grove Roofing Co., Inc. in the amount of $5,228.00 for additional work under Contract No. C-91640200 for work relating to roof reconstruction of Engineering Garage, 1120 Seneca Street, with said cost to be charged against O & M Account #100-402-031 -00-560. PASSED. AYES - 12 NOES - 0. No. 53 Change in Contract Old First Ward Comm Center Republic & Tennesee Sts Buffalo, New York I herewith submit to Your Honorable Body the following change in contract for the Roof Reconstruction, Old First Ward Community Center, Republic & Tennesee Sts, Buffalo, New York, Burgio & Campofelice, Inc. C-916l0400: 1. Provide temporary water to site during construction. ADD $834.59 This was not included in the original contract. The foregoing change results in a net increase in the contract of Eight Hundred thirty-four and 59/100 Dollars (834.59) Summary Original Amount of Contract $1,567,037.00 Amount of this change (No. 1) ADD 834.59 Revised Amount of Contract $1,567,871.59 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 200-402-024 - 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 December 17, 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 Burgio & Campofelice, Inc. in the amount of $834.59 for additional work under Contract #C-91610400 for work relating to Old First Ward Community Center, with said cost to be charged against Bond Fund #200-402-024 - Division of Buildings. PASSED. AYES - 12 NOES - 0. No. 54 Change in Contract Roof Reconstruction Engineering Garage 1120 Seneca St, Buffalo NY I herewith submit to Your Honorable Body the following change in contract for the Roof Reconstruction, Engineering Garage, 1120 Seneca Street, Buffalo, NY, Grove Roofing Co. ,Inc. C-9l640200: l. Add an additional 1200 Sq. ft. of roof area and 80 I.f. of wall flashing. ADD 5,228.00 This additional damage occurred since the project was bid. The foregoing change results in a net increase in the contract of Five Thousand Two Hundred Twenty-eight 00/100 Dollars ($5,228.00). Summary Original Amount of Contract $18,300.00 Amount of this change (No. 1) ADD 5,228.00 Revised Amount of Contract $23,528.00 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 Buildings O&M Acct #100-402-031-00-560. 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 Department of Public Works, dated December 17, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contracts for Reconstruction Of Pools at Various Locations - 1992 - Buffalo, New York in the amount of $87,825.00 to Patterson - Stevens, Inc., the lowest responsible bidder, and to award contracts for Plumbing Work for Various Pools at Various Locations - 1992 - Buffalo, New York, in the amount of $87,000.00 to Nuflarco, Inc., the lowest responsible bidder with said costs to be charged to the Division of Buildings, in B/F 200-402-063. PASSED. AYES - 12 NOES - 0. No. 55 Change in Contract Reconstruction of Various Rooms Masten CAO Center I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Various Rooms, Masten C.A.O. Center, Baker Development, C91635800: l. Furnish all labor and materials to reconstruct ceiling in room 102. ADD $326.70 This was additional damage caused by a broken steam line. The foregoing change results in a net increase in the contract of Three Hundred Twenty-six and 70/100 Dollars ($326.70). Summary Original Amount of Contract $46,500.00 Amount of this change (No. 1) ADD 326.70 Revised Amount of Contract $46,826.70 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 200-402-091 - 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 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 Baker Development in the amount of $326.70 for additional work under Contract C91635800 for work relating to Masten C.A.O. Center with said cost to be charged against Bond Fund #200-402-091 - Division of Building. PASSED. AYES - 12 NOES - 0. No. 56 PERMISSION TO TRADE IN OBSOLETE TELEPHONE SEQUENCER DIVISION OF WATER It is respectfully requested that Your Honorable Body grant permission to the Commissioner of Public Works to trade in an old inoperable telephone sequencer toward the purchase of a new telephone sequencer. The present telephone sequencer is ten years old and parts are no longer available. Mr. Fahey moved: That the communication from the Department of Public Works, dated December 9, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to trade in an old inoperable telephone sequencer toward the purchase of a new telephone sequencer. PASSED. AYES- 12 NOES - 0. No. 57 Permission to increase current lease with AT&T for (7) seven additional multi/line telephones at Police Community Services, 635 Elk Street. Item No. 84, C.C.P. 01/08/91 I am hereby requesting permission to increase the current lease with AT&T for seven (7) additional multi/line telephones at Buffalo Police Community Relations, 635 Elk Street. The original lease was approved per Item 84, CCP 01/08/91 in the amount of $1,830.55 per month for 60 months. The seven (7) additional multi/line telephones will cost an additional $114.93 per month, bringing our total lease payment to $1,945.48 for the remainder of-the 60 month lease. These additional telephones are necessitated by the fact that 16 Community Relations Officers and Command Staff are consolidated at the 635 Elk Street address. That the communication from the Commissioner of Public Works, dated December 11, 1991, be received and filed, and Mr. Fahey moved: That the Commissioner of Public Works be, and he hereby, is authorized to increase the current lease with AT&T for seven (7) additional multi/line telephones at Police Community Services, 635 Elk Street, at an additional cost of $144.93 per month for the remainder of the 60 month lease. PASSED. AYES- 12 NOES - 0. No. 58 471 Elmwood Avenue requests permission to install awnings which encroach city right of way Mr. Joseph Jacob. owner of the Casa Di-Pizza Restaurant. located at 471 Elmwood Avenues has requested permission to install three (3) awnings all of which encroach city right of way. at said address. The proposed awnings would be located on both Elmwood and Hodge Avenue. project eighteen (18) inches into the city right of way and measure sixteen (16). twelve (12) and eight (8) feet in length. The Department of Public Works has reviewed Mr. Jacobi's application pursuant to Chapter 413-56 (awnings. canopies and marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awnings be installed exactly as shown on plans submitted to and approved by the Department of Public Works-Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond 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 awnings. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 59 Newburgh/Easton four way stop Blaine/Oakgrove four way stop Item No. 128 C.C.P. 10/15/91 Item No. 141 C.C.P. 10/15/91 This is in reply to your resolution that 4-way stops he installed at the intersections of Blaine and Oakgrove, and Easton and Newburgh. This Department follows state and federal guidelines in determining locations for multi-way stops. These guidelines are outlined in the Manual on Uniform Traffic Control Devices (MUTCD) and a policy on Geometric Design of Highways and Streets. The guidelines followed by this Department, for installation of multi-way stops are as follows: l.) Where a traffic signal is warranted and urgently needed, multi-way stop control is an interim measure that can be implemented quickly to control traffic until a signal is installed. 2.) The occurrence within a twelve month period of five or more reported accidents of a type susceptible to correction by multi-way stop control. Such accidents include turn collisions, as well as right angle collisions. 3.) A total of at least 4000 vehicles enter the intersection during any eight hours of an average day with at least 1600 vehicles and pedestrians from the side road during the same eight hours, and delays to side road vehicles average at least thirty seconds during any one hour. The above is from the Manual on Uniform Traffic Control Devices. Finally, the MUTCD states that stop signs should not he used for speed control. These guidelines have been established based on sound engineering principles. This Department uses them to establish the validity of the numerous requests received for multi-way stop sign installations. Disregard for these guidelines can create a more hazardous situation. Engineering studies suggest that placing stops signs for speed control tends to increase peak speeds. This may be because motorists are trying to make up for lost time after passing the sign. Stop sign observance studies also showed that stop signs placed for speed control are generally disregarded. One study showed approximately half of the motorists made a rolling stop; one quarter came to a full stop and one quarter did not stop at all. This shows that if motorists do not feel a stop is necessary, it will be ignored. In essence, this creates a more dangerous situation than exists because the stop sign gives the perception of safety. Investigations of the subject locations showed the following: 1.) Existing traffic volumes do not meet MUTCD warrants for multi-way stops. Both locations had less than 500 vehicles during an 8 hour period. The unrestricted roadways had higher volumes than the restricted roadways. 2.) Both locations had less than 5 reported accidents in one year. In fact, the Blaine/Oakgrove location had no reported accidents in 1988, 1989 or 1990. Clearly, the guidelines used by this Department are based on sound engineering experiences and principles. This Department is endeavored to provide for the safety of the travelling public, at the subject locations. We have restricted parking near these intersections to improve sign distances. We are also investigating lowering speed limits in residential areas. Installation of multi-way stops at the above locations does not meet established guidelines and therefore this Department cannot install them. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PARKS No. 60 CERTIFICATE OF APPOINTMENT Appointment to become effective December 16, 1991 in the Department of Parks, Michael DeJames 174 Cantwell Dr., Buffalo 14220 to the position of Park Utility Worker, Permanent at the starting salary of $20,532. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 61 CERTIFICATE OF APPOINTMENT Appointment to become effective December 16, 1991 in the Department of Parks, Joseph M. Genau 15 Taft, Buffalo 14214 to the position of Parks Superintendent, Provisional at the starting salary of $26,087. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 62 FULLY EXECUTED AID TO LAW ENFORCEMENT GRANT PROGRAM RENEWAL CONTRACT Item No. 73, C.C.P. 09-03-91 Please be advised that the Aid To Law Enforcement Grant Program Renewal Contract between the New York State Division of Criminal Justice Services and the City of Buffalo for the project period of April l, 1991 through March 31, 1992, has been fully executed in the amount of $807,560. A copy of this contract is on file in the Department of Administration and Finance (Budget), the Division of Audit and in the Division of Administration and Communications (Buffalo Police Department). RECEIVED AND FILED. No. 63 Disposal of sixty (60) car radios The Buffalo Police Department has in its possession sixty(60) Delco AM/FM Stereo radios which have been removed from our last few new car purchases. We requested bids from various electronic and auto parts firms and received the following: Automotive Sound Systems, Inc. $1320.00 Advanced Auto Electronics $ 300.00 Amherst Electronics $1290.00 We respectfully request permission to dispose of the 60 radios by selling them to the high bidder, Automotive Sound Systems, Inc., 5375 Transit Rd., Williamsville, New York 14221. Copies of bids are attached. REFERRED TO THE COMMITTEE ON FlNANCE. No. 64 Ken/Engl. Aban. Prt. Seattle Item # 56 CCP Dec. 10, 1991 "Aban. Prt. Seattle: Item # 135 CCP Dec. 10, 1991 Please be advised that the Buffalo Police Department has no objection to the abandonment and sale of that portion of Seattle Street which is behind 392 to 400 Kenmore Avenue, Buffalo, New York. REFERRED TO THE COMMITTEE ON LEGlSLATION. No. 65 "Establish Police Advisory Board" Item #137 C.C.P. Dec. 10, 1991 C.C.P. Dec. 10, 1991 Item # 137 I have no objectives to a Citizen - Police Advisory Board as long as it doesn't serve as a Citizen Review Board which makes final determinations in relations to disciplinary actions against Police Officers. If Police Consolidation takes place, it would be very useful to have such an Advisory Board in each of the 5 projected Districts. The Board could meet monthly with the District Inspector to discuss matters of mutual interest. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF FIRE No. 66 Resignation - Firefighter Gregory Neblett Firefighter Gregory Neblett has resigned from his position with the Buffalo Fire Department effective 0001 hours on December 9, 1991 RECEIVED AND FILED. FROM THE CORPORATION COUNSEL No. 67 Common Council Amendments To Bura Land Disposition Agreements You have asked me whether the Council has the legal right to delete or add certain sections of a land disposition agreement (LDA), and whether an amendment of an LDA by the Council requires that the LDA go back to the Buffalo Urban Renewal Agency for its approval? My response to both questions is in the affirmative. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 68 Conflict of Interest - Political Contribution, Local 650 You asked me to advise you on whether a prohibited conflict of interest would exist in situations if Councilmembers, who have accepted political contributions from a City employee union, were to vote on matters which would confer benefits upon city employees who are members of the union having made the political contributions. I respectfully request and urge Your Honorable Body to refer this matter to the Board of Ethics for its consideration and opinion. Under the City's Code of Ethics, the Board of Ethics has Jurisdiction to deal with matters of this nature. REFERRED TO THE BOARD OF ETHICS. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 69 E. Norman - Request to convert a doctor's office into a beauty parlor. Item No. 65, C.C.P., December 10, 1991. Attached for your information is the Short Environmental Assessment Form for the matter captioned above. RECEIVED AND FILED. No. 70 Extension of Contract 91600700 Delaware Park Lake Shoreline Restoration - Phase II In accordance with the terms of the contract between the City of Buffalo and B.D.R., Inc. for the Delaware Park Lake Shoreline Restoration Phase II all work should have been completed by December 6, 1991. Due to a wetter than usual Autumn they were unable to complete the project on schedule and requested a time extension. I have therefore granted an extension of time until December 27, 1991 to B.D.R., Inc. for Contract 91600700. RECEIVED AND FILED. No. 71 LIST OF CITY EMPLOYEE OR RELATIVE OF A CITY EMPLOYEE APPLYING FOR A REHABILITATION LOAN OR SUBSIDY. For your information, please be advised that the following is a list of City employees or relatives of City employees who have received a rehabilitation loan or emergency subsidy. APPLICANT RELATED TO WHOM & WHERE EMPLOYED Rebecca Perry Is a substitute teacher for Board 28 Wohlers Avenue of Education since 1989. Buffalo, NY 14208 Katherine Hawthorn Son, Karl Hawthorn is a Caulker 18 Seminole Parkway Supervisor in the Water Department. Buffalo, NY 14210 Gertrude Waters Nephew, Conde Peoples is a Firefighter 338 Landon Street does not state where or how long. Buffalo, NY 14211 Joann Sweat Is employed with the Board of Education, 45 Humber Avenue as a Teacher's Aide since 1977. Buffalo, NY 14215 Patrick & Sundra Davies Sundra, is employed with the Board 185 Gorton Street of Education as a Teacher's Aide Buffalo, NY 14207 since 10/1/89. Alice Hamner Stephanie Barber, is Alice Hamner's 44 Eastwood Avenue tenant. Ms. Barber is the Board of Buffalo, NY 14208 Director for Buffalo Triad. RECEIVED AND FILED. No. 72 Ken/Engle Assn.-Aban. prt. Seattle Item No. 56, C.C.P. 12/10/91 Item No. 135, C.C.P. 12/10/91 The Department of Community Development opposes the abandonment of Seattle Street proposed by the Kenmore/Englewood Associates. Although Seattle is only a paper street, abandonment of this portion of the street would preclude the ability to access Seattle Street property for future residential development. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 73 Fountain Plaza CONTRACT BURA TO MANAGE CONSTRUCTION OF FOUNTAIN PLAZA The Department of Community Development hereby requests permission to enter into contract with the City of Buffalo Urban Renewal Agency to act as the City's agent and manage the construction of our Fountain Plaza Project. Accordingly, I also request that City funds allocated for this project, $250,000 presently in our Capital Projects Account #200-717-036 be transferred to the Buffalo Urban Renewal Agencies Project Account #92-40200 REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 74 Delaware Park Master Plan I am herewith transmitting the Interim Report on the Ring Road Circulation Options for the Delaware Park Master Plan, prepared by Wendel Design for the Department of Community Development in conjunction with The Delaware Park Master Plan Committee. This Interim Report will lead to a further overall report on master planning guidelines for this irreplaceable City asset. We have focused on the Ring Road as it presents both the most immediate problems of the park and because of limited capital funds. The report basically points out what most of us already know - cars, pedestrians and cyclists are an unhealthy match in a confined space. Two alternatives are proposed for remedying that situation. I personally recommend Option l but recognize that it is the more controversial plan and that Option 2 is more likely to be approved. However, I feel obliged to state my reasons for supporting Option 1 First and foremost it is the only alternative which removes, rather than reduces, the conflict between automobiles and pedestrians/cyclists. It is this conflict which most undermines the goals of Frederick Law Olmstead to create a place of tranquility and pastoral beauty. Second, the loss of some perimeter acreage to perimeter parking is at the gain of less incursion into the meadow for an additional interior path. Loss of meadow acreage is far more detrimental to the original Olmstead design than loss of perimeter acreage. Third, relocation of the concession to the Delaware Avenue/Expressway Point of the Meadow will help reinforce the juncture of the two parts of the Park (Meadow and Lake) and encourage more pedestrian movement between them. It will also allow us to reclaim the Meadow Road entrance as an extension of this beautiful tree-lined street. Your advice on this matter is respectfully requested. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 75 Use 998 Broadway Item #7, C.C.P.-11/26/91 The approved plans for the Broadway K Mart Project (998 Broadway) indicate a seven (7) foot wide sidewalk running along the east side of K Mart's main entrance to a point approximately two hundred ninety (290) feet from the south building line of the adjacent Rite-Aid structure. The sidewalk area is to be interrupted at two locations to provide a means of ingress and egress for the adjacent Rite-Aid parking lot. The "Certificate of Completion" has not been issued for the project, nor shall it until the sidewalk issue is resolved. Because the Department of Community Development is not involved in K Mart's security plans, we are unable to address questions that your Honorable Body may have regarding store security matters. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 76 Rescind Crawdaddy's Permit Item #42, C.C.P. November 12, 1991 Attached hereto please find a response as per the November 19, 1991 request of the Legislation Committee in regards to the above referenced matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 77 Urban Development Corporation Commercial Revitalization Program Information As requested at the December 18, 1991 Economic Development Committee meeting, we are submitting the following for your information. - Commercial Revitalization Program Information Bulletin - Commercial Revitalization Program Application - UDC Map of census tracts qualifying as highly distressed. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 78 Chippewa Street Project Item No. 59, C.C.P. 12/11/91 The Department of Community Development fully supports the Chippewa Street Project as it will significantly improve the area's business environment. Please be advised that the statements regarding matching funds on pages 2 and in of the General Project Plan are incorrect. The $168,284 local match is being provided by the participating property owners not the the Buffalo Development Companies. If requested, the City, acting through the Buffalo Development Companies, will make the Small Business and 60/40 Commercial Loan programs available to qualified property owners upon adequate credit review. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 79 Main Street 500 Block Project Item No. 60, C.C.P. 12/11/91 The City recognized the importance of the 500 block of Main Street in 1985 when it made a facade loan program available to interested property owners. As a result, the physical appearance of the block was greatly improved. But, some work on individual buildings remains needed. The Department of Community Development endorses this effort to complete renovation of the 500 block of Main Street. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 80 Request Authorization To Apply For FY 1992 Certified Local Government Subgrant At the September 3, 1991 Common Council meeting, Your Honorable Body authorized the Mayor to submit a New York State Urban Cultural Park (UCP) Local Assistance grant application for a Theatre District UCP Architectural and Historical Interpretation Project. This grant request, if funded, would allow the City in conjunction with Buffalo Place Inc. to design, fabricate and install ten interpretive building plaques and two cultural interpretive plaques on Theatre District properties. A Theatre District self-guided walking tour and associated materials would also be developed as part of this project. Matching funds are anticipated from the FY 1992 Certified Local Government (CLG) Subgrant Program. The New York State Office of Parks, Recreation and Historic Preservation recently announced that the application deadline for the FY 1992 CLG Program is December 20, 1991. We request that your Honorable Body approve an appropriate resolution authorizing the Mayor of the City of Buffalo to submit the above mentioned FY 1992 CLG Subgrant application in the amount of $24,150. A sample resolution is attached. RECEIVED AND FILED. FROM THE COMMISSIONER OF STREETS No. 81 CERTIFICATE OF APPOINTMENT Appointment to become effective December 9, 1991 in the Department of Street Sanitation, David P. LaVango 163 Fargo Avenue Buffalo, New York 14201, to the position of Laborer II, Temporary at the starting salary of $9.16/hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 82 Report of Emergency Bid Re: 164 Dodge Due to the very serious and hazardous condition to the fire-damaged building located at 164 Dodge, Fire Commissioner Paul Schanks requested that our department bid the property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that action was necessary due to (l) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on December 11, 1991 and that the contract will be awarded to the following responsible bidder: ADDRESS AND OWNER CONTRACTOR/ AMOUNT OF BID 164 Dodge Cedar Wrecking Cleo Ivey $7080.00 470 Moselle Buffalo, NY Please be further advised that the demolition contractor will arrange for the sewer and water termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund # 500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated December 16, 1991, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Cedar Wrecking at a cost of $7,080.00, relating to 164 Dodge be, and the same hereby is confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000 and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter XI, Article VII, of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES -0. No. 83 Report of Emergency Bid Re: 86 Stanton Due to the very serious and hazardous condition to the fire-damaged building located at 86 Stanton, Fire Commissioner Paul Schanks requested that our department bid the property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that action was necessary due to (l) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on December 6, 1991 and that the contract will be awarded to the following responsible bidder: ADDRESS AND OWNER CONTRACTOR/ AMOUNT OF BID 86 Stanton Lebis Contracting Fly Holding Co. $5300.00 17 Marshfield Court Getzville, NY Please be further advised that the demolition contractor will arrange' for the sewer and water termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated December 16, 1991, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Lebis Contracting at a cost of $5,300.00, relating to 86 Stanton be, and the same hereby is confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000 and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter XI, Article VII, of the Ordinances of the City of Buffalo. PASSED. AYES - 12 NOES - 0. No. 84 Outline of Emergency Bid Procedures C.C.P. DATED 11/12/91 ITEM # 52 With regard to the above subject, please be advised of the following report outlining our procedure to determine emergency bids. The Department of Inspections and Community Revitalization is charged with the responsibility for all demolition work in the City of Buffalo. Our Department deals with two types of emergency type bids. (1) Declaration of an emergency condition by the Commissioner of Inspections: and Community Revitalization, the Commissioner of Police or the Commissioner of Fire. (2) In-house emergency demolition generated by inspection reports and research performed by the staff of the Division of Housing and Property Inspections The Commissioner of Inspections and Community Revitalization, the Commissioner of Police and the Commissioner of Fire may cause to be torn down, blown up or otherwise destroyed, any burning building or other building. Heavy damage to the structure may be caused by fire, wind or other natural occurrences. When directed by the Commissioner of Inspections and Community Revitalization, the Commissioner of Fire or the Commissioner of Police, the Division of Housing and Property Inspections is charged with the responsibility to eliminate the safety or health hazard at hand. This task is performed by demolishing the affected structure as soon as humanly possible. Competitive bidding is used in the demolition process. Fourteen individual demolition contractors are solicited by telephone and summoned to the work site. The contractors are asked to inspect, estimate and bid these properties on the site of the proposed demolition. The lowest apparent bidder is awarded the job and is ordered to immediately demolish the subject structure. The property owner is notified by hand-delivered letter (when practical), regular mail and certified mail. This notice is sent as soon as possible using Assessment records available to our Department. In-house emergency demolitions has our cases built on the foundations built by the procedures outlined in our Communication to the Honorable Common Council dated August 20, 1991 in reference to C.C.P. dated 7/9/91, Item No. 148 (please see attached). Properties bid on an emergency basis meet the following criteria endangering human life. (1) Partially collapsed, rotted, fire-damaged or poor structural condition (2) Vacant, open, deteriorated and dilapidated. (3) Nearness to occupied structures (4) Nearness to schools, playgrounds, heavily residential neighborhoods and other places of public assemblage. (5) Presence of children or other persons in the area. (6) Blighting effect of entire neighborhood. (7) Probability of fire. (8) Availability to trespassers, criminals and criminal activities. (9) Attractive and dangerous nuisance to children and others. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 85 REQUEST FOR VARIANCE - PARKING PAD 709 LINWOOD ITEM NO. 133, C.C.P. 10/29/91 With reference to the above subject property please be advised that the owner, Ms. Matilda Garner, should apply to the Zoning Board for approval of the parking pad. Also, a permit will be required for this use. We trust this will satisfy your inquiry. REFERRED TO THE COMMlTTEE ON LEGlSLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. No. 86 CERTIFICATE OF APPOINTMENT Appointment to become effective December 16, 1991 in the Department of Inspections & Community Revitalization Division of Housing & Property Inspections, William M. Leisck 63 Chadduck Avenue Buffalo, New York 14207, to the position of Building Inspector, Permanent at the starting salary of $27,418. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 87 CERTIFICATE OF APPOINTMENT Appointment to become effective December 17, 1991 in the Department of Inspections & Community Revitalization, Division of Housing & Property Inspections, Louis J. Petrucci 89 Red Jacket Parkway Buffalo, New York 14220, to the position of Building Inspector, Permanent, at the starting salary of $27,418. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 88 CERTIFICATE OF APPOINTMENT Appointment to become effective December 16, 1991 in the Department of Inspections & Community Revitalization, Division of Housing & Property Inspections, Joseph L. Schiavone 136 Vermont Street Buffalo, New York 14213, to the position of Supervisor of Elevator Inspections, Provisional at the starting salary of $29,604. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 89 'State Comptroller City Financial Report Overdue" The attached correspondences from the State Comptroller's Office to Mayor James D. Griffin and City Comptroller Joel Giambra are provided for your information. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 90 Donation of Zenith Data Systems laptop computer from Bull HN Information Systems, Inc. to City of Buffalo Division of Substance Abuse Services We are requesting permission to accept a donation of a Zenith Data Systems laptop computer from Bull HN Information Systems, Inc. to the City of Buffalo Division of Substance Abuse Services. Attached, please find correspondence from Bull Information Systems, Inc. regarding this donation. Mr. Fahey moved: That the communication from the Commissioner of Human Resources dated December 17, 1991, be received and filed; and That the Commissioner of Human Resources be and he hereby is authorized to accept a donation of a Zenith Data Systems Laptop Computer from Bull HN Information Systems, Inc. for use by the City of Buffalo Division of Substance Services. PASSED. AYES - 12 NOES - 0. No. 91 Contracts between the City of Buffalo Division of Substance Abuse Services and United States Probation Office Per your request at the Civil Service Committee meeting on December 17, 1991, please find two separate contracts dated October 1,199l between the City of Buffalo Division of Substance Abuse Services and the United States Probation Off ice for aftercare services for drug dependent Federal defendants and offenders. The pretrial and non-pretrial contacts have estimated revenues between $75,000 and $80,000 for the initial period of October l, 1991 through September 30, 1992. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 92 Lease Info for Copy Machine eff. 10/1/91 [Item # 41, C.C.P. 12/10/91 As per your request, copies of the other bids received are attached as follows: 1. Gestetner Corp. (Lehigh Municipal Leasing) $448/mo. (low bidder) includes all supplies (except paper) and unlimited copies no charge for installation. 2. Duplicating Consultants, Inc. $528.91/mo. $483/mo. plus toner and developer cost with 15,000 copies per month (plus additional $225 installation/removal charge) 3. Hex Copysource $608.15/mo. $430/mo. plus toner cost and 15,000 copies at $0.009 per copy - no charge for installation REFERRED TO THE COMMITTEE ON FINANCE. No. 93 Explore Supplemental Employment program Item 140, C.C.P. 10/29/91 I received your correspondence, dated October 29, 1991, concerning Resolution #140, C.C.P. October 29, 1991. Said Resolution requests that the Mayor's Advocacy Office For People With Handicapping Conditions (hereinafter the "Mayor's Advocacy Office") and the Department of Human Resources, among others, "explore the possibility of participating in a supported employment program (as defined by New York State) with local human service agencies and ... identify applicable employment situations under the guidelines of 55-a of the New York State Civil Service Law I am hereby responding on behalf of Commissioner Donald O. Allen (Department of Human Resources) and myself (Executive Director of the Mayor's Advocacy Office For People With Handicapping Conditions). Regarding "indentifying" applicable employment situations under the guidelines of 55-a of the New York State Civil Service Law," the fact of the matter is that any and all jobs in the Department of Human Resources and the Mayor's Advocacy Office For People With Handicapping Conditions are appropriate for persons with disabilities. Granted, sometimes "reasonable accommodation" may be necessary to enable a particular disabled individual to do a particular job. However, with such accommodation any job can be done --- and done well --- by a person with a disability. It is true that people with certain disabilities cannot, generally speaking, do certain jobs. For example, most severely mobility-impaired individuals could not handle a job that absolutely required constructing and climbing scaffolding. However, a deaf individual who was otherwise qualified for such a position certainly could. Hence, any job can be done by some individual with a disability. Regarding "explor[ing] the possibility of participating in a supported employment program (as defined by New York State) with local human service agencies," I asked Mr. Higgins to provide me with New York State's definition of a "supported employment program" or, alternatively, with the legal citation at which said definition can be found. He has not yet done so. Perhaps you would be kind enough to provide me with it. Neither Commissioner Allen nor I can comply with this aspect of Resolution #140, C.C.P. October 29, 1991, without having access to the definition Mr. Higgins is referring to. As soon as I receive this information I will draft a response on behalf of the Commissioner and myself to this aspect of the Resolution. Thank you for your assistance in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 91 CERTIFICATE OF APPOINTMENT Appointment to become effective December 9, 1991 in the Department of Human Resources, Division of Substance Abuse Services, Francis Eugene Profitka 832 Elmwood Ave. Apt. 7 Buffalo 14222, to the position of Case Manager, Permanent, at the starting salary of $20,449. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 95 REPLY TO AUDIT AUTO INVENTORY ITEM # 12, C.C.P. 12/10/91 I have met with the Comptroller and his staff and reviewed the audit report regarding the automobile inventory of the City of Buffalo. All aspects of the auditor's comments have been addressed and I believe they have been reconciled. Attached is the latest computer runoff of the City's vehicle inventory. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF EDUCATION No. 96 Ban of distribution of condoms and relative literature to students On Wednesday, December 4, 1991, the Buffalo Board of Education unanimously passed a motion requesting the Buffalo Common Council to adopt an ordinance prohibiting the distribution of condoms and/or literature related to condoms and birth control. The Buffalo Board of Education's request would ban such distribution within 200 feet of school property on Monday through Friday between 7:00 A.M. and 5:00 P.M. when school is in session. The ordinance would not restrict the distribution of educational materials supplied by the system itself. RECEIVED AND FILED. FROM THE CITY CLERK No. 97 Comprehensive Housing Affordability Strategy Report Attached is the Comprehensive Housing Affordability Strategy report for fiscal years 1992-1996. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 98 Police Reorganization Commission Final Report Attached please find the final report of the Buffalo Common Council Police Reorganization Commission. Copies of the report are available in Council Staff offices and the City Clerk's office. REFERRED TO THE COMMITTEE OF THE WHOLE AND THE CORPORATION COUNSEL. No. 99 Notification of Disposition of City Record The following department(s) requested to dispose of city records as indicated on the attached form(s). I have authorized the disposition records in my capacity as City Records Management Officer. Public Works- (33) RECEIVED AND FILED. No. 100 Automobile Transportation Allowances The following departments have filed the required copies of certificates relative to the granting of Automobile Transportation Allowances for employees in their respective departments: Human Resources - R. May, E. Wilk RECEIVED AND FILED. No. 101 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 12 Grant St. Arkansas Sports Lounge Joseph Greico 1305 Bailey Ave. Cucina Sclafani RECEIVED AND FILED. No. 102 Leaves of Absences Without Pay I transmit herewith communications received by me, reporting the granting of leaves of absences without pay, in the various departments as listed: Comptroller- S. Mascia Police- M. Connelly Logal Inspections and Community Revitalization- D. Maloney Human Resources- P. Zimmerman RECEIVED AND FILED. No. 103 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: Board of Parking City Planning Board Emergency Medical Services Board Home Improvement Advisory Board Zoning Board of Appeals RECEIVED AND FILED. No. 104 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM & AUDITORIUM Appointment to become effective December 9, 1991 in the Department of Stadium & Auditorium, Division of Memorial Auditorium Daniel J. Summers 33 Buffum Street Buffalo, 14210 to the position of Laborer I Seasonal at the Starting Salary of $5.98/hr. Appointment to become effective December 19, 1991 in the Department of Stadium & Auditorium Division of Memorial Auditorium James C. McLaughlin 111 Southside Pkwy., Buffalo, NY 14220 to the position of Laborer I, Seasonal at the starting salary of $ 5.98/hr. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective December 5, 1991 in the Department of Public Works Division of Buildings, Robert Miranda 400 Downing Street Buffalo, NY 14220 to the position of Second Class Stationary Engineer, Temporary at the starting salary of $ 5.41/hr. Appointment to become effective December 17, 1991 in the Department of Public Works, Division of Buildings to the position of Second Class Stationary Engineer, temporary at the starting salary of $5.41/hr. David P. Collins 143 Trowbridge Street Buffalo 14220 Donald P. Gales 205 Marine Drive Buffalo 14202 Appointment to become effective December 5, 199191 in the Department of Public Works Division of Buildings to the position of Sr. 1st Class Stationary Engineer, Temporary at the Starting Salary of: $7.05/hr. James J. Glavey 46 Whitehall Avenue Buffalo, NY 14220 Michael G. Scholl, Sr 139 Bloomfield Avenue Buffalo, NY 14220 Michael J. Walker 97 Parkview Avenue Buffalo, NY 14210 Appointment to become effective: December 9, 1991 in the Department of Public Works Division of Water Regina M. Mullen Camelot Court, Apt. 8B Buffalo, New York 14214 To the Position of Water Service Adjustor Permanent at the Starting Salary of $20,508 FROM THE DEPARTMENT OF PARKS Appointment to become effective: December 10,1991 Department of Parks Division of Recreation William Stevenson 123 Laird Ave. Buffalo, New York 14207 To the Position of Rink Attendant seasonal at the Starting Salary of: $ 4.50 hr. Appointment to become effective: December 16, 1991 Department of Parks Division of Recreation Mark Parsons 22 Clio Ave., Buffalo 14220 to the Position of Fee Collector Seasonal at the starting salary of: $4.75/hr. Appointment to become effective: December 10, 1991 Department of Parks Division of Recreation David Nowak 91 Okell Buffalo, New York 14220 to the position of Laborer II ,Seasonal at the Starting Salary of $6.65/hr. FROM THE DEPARTMENT OF POLICE Appointment to become effective 12-18-91 in the Department of Police Carol Mercado 437 Fargo Ave. apt. 1 Buffalo, NY 14213 To the position of Crossing Guard, Seas. at the Starting Salary of $5.08/hr. Appointment to become effective 12-19-91 Department of Police Margaret Hassett 124 Smith St. Buffalo, NY 14210 to the position of Crossing Guard ,Seas. at the Starting Salary of $5.08/hr. Appointment to become effective 12-9-91 Department of Police John P. Farley 635 Crescent Ave. Buffalo, NY 14216 to the position of Police Lieutenant Contingent Permanent Starting Salary of: $ 35,577 Appointment to become effective 12-9-91 in the Department of Police Carolyn Lukaszewski 103 Lancaster Ave. Buffalo, NY 14222 to the position of Police Lieutenant Permanent Starting Salary of $35,577 Appointment to become effective 12-9-91 Department of Police Kevin Comerford 313 Pleasant Ave. Hamburg, NY 14075 to the position of Police Captain ,Permanent at the starting salary of: $ 40,760 Appointment to become effective 12-9-91 in the Department of Police Lawrence M. Ramunno 4610 Sawmill Road Clarence New York 14031 to the position of Police Captain Contingent Permanent at the starting salary of $ 40,760 FROM THE DEPARTMENT OF FIRE Appointment to become effective 12/11/91 in the Department of Fire John J. Manning 155 Palmer Street Kenmore, N. Y. 14217 to the position of assistant Fire Alarm Dispatcher, Permanent at the starting salary of $33,593. FROM THE DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION Appointment to become effective 12/17/91 in the Department of Inspections & Community Revitalization Division of Housing & Property Inspect ions to the position of Building Inspector, Permanent at the Starting Salary of $25,195 Timothy J. McCarthy 269 Woodside Buffalo, New York 14220 Michael J. Schieber 168 Dundee Buffalo, New York 14220 Appointment to become effective: 1/2/92 in the Department of Inspections & Community Revitalization Division of Housing and Property Inspections Kevin J. Luthringer 8 Ashton Place Buffalo, New York, 14220 to the position of Building Inspector Temporary at the Starting Salary of $25,195 Appointment to become effective 1/2/92 in the Department of Inspections & Community Revitalization Division of Housing and Property Inspections Peter L. Klemann 47 Winston Road Buffalo, New York 14216 to the position of Building Inspector Permanent at the Starting Salary of $25,195 Appointment to become effective 12/16/91 in the Department of Inspections & Community Revitalization Division of Community Revitalization David J. Maloney 16 Lakewood Avenue Buffalo, New York 14220 to the position of Coordinator of Community Services Non-Competitive Starting Salary of $36,334 FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment to become effective December 5, 1991 in the Department of Human Resources Division of Youth to the position of Attendant, Temporary at the Starting Salary of $ 4.25 hr. Alice Davis 420 Moselle Buffalo 14215 Nazzareno Masecchia 407 Colvin Buffalo 14216 Demetrius Perez 212 Loring Buffalo 14214 James Pezzino 57 Rugby Buffalo 14216 Catherine Snyder 25 Knox Buffalo 14216 Appointment to become effective: December 9, 1991 in the Department of Human Resources Division of Youth to the position of Attendant, Temporary at the starting Salary of: $ 4.25/hr. Kellie C. Barrett 626 E. Amherst Buffalo 14215 Alfred Green 69 Barton Buffalo 14213 George Wilkosz 78 Gibson Buffalo 14206 Appointment to become effective: December 16, 1991 in the Department of Human Resources, Division of Youth to the position of Attendant, temporary at the starting salary of $4.25/hr Isaac Johnson 55 Hamlin Buffalo NY 14208 Sharrilynn Pugh 469 Perry St. Buffalo NY 14204 Robert Licata 288 Baynes Buffalo NY 14213 Carla Meadors 70 Timon St. Buffalo NY 14211 Benjamin H. Smith 478 Rhode Island Buffalo NY 14213 David M. Taylor 38 Devon Green Ct. Buffalo NY 14204 Appointment to become effective December 5, 1991 in the Department of Human Resources Division of Youth to the Position of Supervisor, Temporary at the starting salary of: $ 5.00 Peter Piccillo 707 Parkside Buffalo 14216 Cliffie M. Turner 116 Maple Ridge Ave. Buffalo 14215 Appointment to become effective: December 16, 1991 in the Department of Human Resources Division of Youth, Tajma Muslim 130 Niagara St. Buffalo NY 14201 to the Position of Lifeguard, Temporary at the starting salary of $5.00/hr Appointment to become effective December 9, 1991 in the Department of Human Resources Division of Substance Abuse Services Jacqueline Ostanski 80 Hazelwood Buffalo 14215 to the Position of Case Manager at the starting salary of $19,757. Appointment to become effective January 6, 1992 in the Department of Human Resources Division of Substance Abuse Services Corey Wolffe 645 West Ferry Apt. 2 Buffalo 14222 to the Position of Case Manager Permanent at the starting salary of $19,757 Appointment to become effective December 9, 1991 in the Department of Human Resources Division of Substance Abuse Services Gina Fronczak 196 Linden Avenue Buffalo 14716 to the position of Counselor III, temporary at the starting salary of $20,329 Appointment to become effective December 16, 1991 in the Department of Human Resources Division of Substance Abuse Services Patricia Zimmerman 214 Stockbridge Ave. Buffalo 14215 to the position of Counselor III Provisional at starting salary of $20,329. FROM THE DEPARTMENT OF GENERAL SERVICES Appointment to become effective: December 4, 1991 in the Department of General Services Division of Inventory & Stores Joseph K. Migas 1218 Broadway Buffalo, 14212 to the position of Laborer II Seasonal at the starting salary of $6.65/hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 105 PATRICE BAILLY Handicapped Parking Violation problems On December 23, 1991, I need to present to you all information, etc. concerning the many problems associated with handicapped parking violations. Also, I would like to introduce myself as Buffalo's First Disabilities Caucus Chairman and acquaint you with its plans, purpose(s) and progress. Your anticipated cooperation will be very much appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ADVOCACY OFFICE FOR PEOPLE WITH HANDICAPPING CONDITIONS. No. 106 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION Exclude 79 Perry/49 Illinois - Crossroads Site Item #144, C.C.P. 12/10/91 I have reviewed the proposed resolution regarding the exclusion of 79 Perry/49 Illinois from the preferred site at the Crossroads area for the proposed arena (Resolution #144, C.C.P. 12/10/91). Based upon review of preliminary planning documents/site plans, it appears that 79 Perry Street which is a multi-story warehouse and manufacturing building, and its adjoining parking lot would not be subject to acquisition for the Arena project. The much smaller single story warehouse at 49 Illinois is presently part of the Sabres planning for surface parking. In any case, the final site plan remains to be officially submitted to the City for review. Ultimately, the Common Council will have an opportunity to include or exclude the above properties in the acquisition/condemnation process which requires future action following agreement on the public financing of the proposed project. REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE. No. 107 MOHSEN GHORAB Cancel Cost of Clean-up 237 Watson Street I purchased the above City Auction property October 29, 1990 and finalized the transactions near or about December 1990. The above property was purchased as an unseen site. After purchase of 237 Watson I went to the site and trash was in front of the house and in back of the house. Shortly thereafter I was billed March 21, 1991 by the Department of Street Sanitation in the amount of $299.16. to remove trash from site of property. At the City Auction I did not know I was purchasing trash that was located in front of house on City property. I believe this trash should have been removed by the City before I had purchased 257 Watson during the time it was City Property. The bill was transferred to me for clean up services of trash that should have not been on the property in front of the house. I have contacted several Councilpersons about this incident. Most recently, Mr. James Pitts, Councilman Ellicott District. I have witnesses in the community that can support seeing the trash in front of the house before I purchased 237 Watson. In reference to the bill: The bill is in Error 1. There was no concrete or tires in front of 237 Watson 2. Billing is for 1 hour work. Yet, Total is being Doubled. I do not believe this bill for clean up service of trash in front of the house after it was purchased by me should be my responsibility. I truly believe it should have been the City of Buffalo's responsibility who owned it before I purchased 237 Watson. I would like to come to a reasonable solution to this problem. I am seeking a response at your earliest convenience. Please respond no later than December 31, 1991 I may be contacted at 854-1199 or 837-6561 or in writing regarding your solution to this problem. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND THE COMMISSIONER OF ASSESSMENT. No. 108 KLEINHANS MUSIC HALL MANAGEMENT, INC. Kleinhans Music Hall Reference is made to your letter Concerning a special Committee on Finance meeting scheduled for Wednesday, December 11, 1991, Concerning Kleinhans Music Hall (which meeting was cancelled by Cancellation Notice received yesterday, the notice stating that notification will be sent out "once a new date has been selected"). At a meeting had with the original co-sponsors of the resolutions referred to in the original notice, David Rutecki and Carl PerIa, attended by John N. Walsh III and me on July 18, 1991, we were told that these proposed resolutions were being withdrawn and would not be reintroduced. I, therefore, respectfully ask that the previously scheduled December 11, 1991 meeting be permanently cancelled or if there is any question about the withdrawal of the proposed resolutions, that the meeting be rescheduled only subsequent to a resolution of whatever misunderstanding there may be as respects this. RECEIVED AND FILED. No. 109 NYS Department of Transportation Southtowns Connector Feasibility Study and Executive Summary This is notification that a copy of the Southtowns Connector Feasibility Study and the Executive Summary have been filed Copy is available in Council Staff only. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. PETITIONS No. 110 A. Pierce Kamke, owner, petition to use 476 Ashland for a beauty parlor. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 111 M. F. Kutrybala, owner, petition to use 1920 Niagara for 9 apartments and tavern. 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. 112 COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Acting Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A l. Krista DiCarlo and Hurwitz & Fine, P.C. $ 10,000.00 A 2. Brian Shields and David Gerald Jay, Esq. $ 5,000.00 A 3. John Spurrell vs. the City of Buffalo $ 2,500.00 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/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 Acting Corporation Counsel of proper releases and closing papers. PASSED. AYES- 12 NOES -0. No. 113 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. Kathleen M. Antalik Claim for damage to a 1982 Datsun automobile while it was at the Tonawanda Street Impound Garage. $ 557.56 B 2. Ellen L. Dash Claim for damages to a waterline at 258 Holly Street. $ 650.00 B 3. Maureen Higgins Claim for damage to the water service box at 145 McKinley Parkway. $220.00 B 4. Edward N. Kacsmarek Claim for damage to claimant's eyeglasses while performing his duties in the Department of Street Sanitation at the Broadway Garage. $180.00 B 5. Thomas Rosa Claim for damage to claimant's eyeglasses while performing his duties in the Division of Engineering. $129.00 B 6. Robert Lonski Claim for damage to claimant's automobile a 1982 Pontiac while parked at the Broadway Garage. $390.90 B 7. John J. Pugh Claim for damage to claimant's eyeglasses while performing his duties in the Department of Street Sanitation. $ 181.00 B 8. Reginald's Restaurant Claim for property which was inadvertently picked up by the sanitation workers during commercial pickup at 718 Elmwood Avenue. $166.40 B 9. Roger and Catherine Walkowski Claim for damage to claimants' water service line at 278 Holly Street. $800.00 B 10. Gregory L. Wetsel & C.A.B. Business Services, Inc. Claim for damage sustained to a 1991 Plymouth automobile and personal property on Mills Street. $723.04 B 11. Edward F. Wytrwal Claim for damage sustained to a 1990 Sable Station Wagon which was parked in front of 42 Chadduck Street. Branches from a dead tree damaged the vehicle. $ 372.60 There are no Insurance Companies involved in the settlement of any 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 Acting Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 12 NOES- 0. COUNCILMEMBER BELL WAS IN THE NEGATIVE ON ITEMS B-4,5,7 ONLY. No. 114 MISCELLANEOUS That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: C l. City of Buffalo Claim for services rendered to the Department of Law for excess xerox usage. $165.00 C 2. Elizabeth B. Croft Claim for services rendered to the Division of Labor Relations in the past fiscal year. $254.45 C 3. Doorway Rug Service, Inc. Claim for services rendered to the City during the past fiscal year. $760.70 C 4. Hex Copysource, Inc. Claim for services rendered to the Division of Substance Abuse Services in a prior fiscal year. $462.74 C 5. Loomis-Root, Inc. Claim for services rendered to the Division of Inventory and Stores during a prior fiscal year. $479.94 C 6. Mark Loughran Claim for reimbursement of payments made by Firefighter Loughran to Southtowns Physical Therapy. He was injured on duty and required treatment. $625.00 C 7. Mollenberg-Betz, Inc. Claim for services rendered to Memorial Auditorium in a prior fiscal year to replace and repair brine pumps. $ 9,605.08 C 8. M & T Rug & Upholstery Cleaners, Inc. Claim for services rendered to the Police Department in the past fiscal year. $506.45 C 9. Our Lady of Victory Hospital Claim for services rendered to Firefighter, JACK WALLESHAUSER in the past fiscal year. $937.00 C 10. Quinn and McGarry, P.C., Attorneys at Law Claim for professional legal services rendered to the Department of Law in a prior fiscal year. $19,567.50 C 11. Radiologic Physicians of W.N.Y., P.C. Claim for services rendered to Firefighter, MICHAEL JASINSKI who was injured in the line of duty and required medical treatment in the past fiscal year. $ 153.56 C 12. Safety Supply America Corporation Claim for services rendered to the Department of Street Sanitation in the past fiscal year. $468.47 C 13. Sportsfocus Physical Therapy Claim for services rendered to Firefighter, LANCE GOODMAN who was injured in the line of duty and required medical treatment in the past fiscal year. $ 904.98 C 14. Xerox Corporation Claim for services rendered to the Police Department in the prior fiscal year. $2,063.60 C 15. Xerox Corporation Claim for services rendered to the Department of Inspections and Community Revitalization in the past fiscal year. $210.90 There are no insurance companies involved in the settlement of any 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 Acting Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES -12 NOES -0. No. 115 MISCELLANEOUS PAYROLL That, upon the recommendation of the Acting Corporation Counsel and the appropriate City Department, the following claims be paid: D l. Henry Bielli, Jr. Claim for unpaid sick time to an employee of the Department of Street Sanitation per the provisions of the contract between the City and Local #264. $ 2,120.94 D 2. Richard J. Mauro Claim for an additional longevity payment due the claimant because of prior seasonal time with the Department of Street Sanitation. $ 2,250.00 D 3. Earl W. Morris Claim for an additional longevity payment due the claimant because of prior seasonal time with the Department of Street Sanitation. $ 1,250.00 There are no insurance companies involved in the settlement of any of the above claims. That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES - 12 NOES - 0. No. 116 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Claims Committee the following claim be paid: E 4. Irene J. Wiles Claim for tire damaged by metal protruding from curb at 128 Harding Road. $68.08 That checks be drawn on the account of 81-2 General City Charges 100-8l2-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Acting Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES - 12 NOES - 0. CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No. 117 SALARY ORDINANCE AMENDMENT 50 - DEPARTMENT OF HUMAN RESOURCES 50-4 DIVISION OF SUBSTANCE ABUSE SERVICES (ITEM NO. 147, C.C.P., DECEMBER 10, 1991) That the above item be returned to the Common Council without recommendation. Mr. Fahey now moved: That the Salary Ordinance Amendment referred to in the above item contained a typographical/scrivener's error in the salary range and that the correct salary range should read $33,7l9-$40,492 in lieu of $37,719-$40,492,and That the Salary Ordinance Amendment referred to in the above item creating the position of Deputy Director of Substance Abuse Services with a salary range of $33,7l9-$40,492 be and hereby, is approved. Seconded by Mr. Bell. PASSED. AYES - BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 7. NOES - AMOS, ARTHUR, COLLINS, COPPOLA, PITTS - 5. No. 118 Appointment Public Works//Senior Clerk The above item be and the same hereby is returned to the Common Council Without Recommendation. Mr. Pitts now moved that: Communication No 27 CCP Dec 10, 1991 be received and filed and the Temporary appointment of Carole M. Getz stated above at the maximum salary $20,861.00 + 200 LG effective on Nov 25, 1991 is hereby approved. PASSED. AYES - 12 NOES - 0. No. 119 Notices Of Appointments (C.Clerk) (Item # 52 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 120 DELAWARE PARK CASINO - SUPPLEMENTAL LEASE AGREEMENT FOR THE PRESERVATION OF THE ROSE GARDEN (ITEM NO. 22, C.C.P., OCT. 29, 1991) (ITEM NO. 86, C.C.P., NOV. 26, 1991) That the above item be returned to the Common Council without recommendation. Mr. Collins moved: That the Delaware Park Supplemental Lease Agreement attached to Item No. 22, C.C.P., October 29, 1991 be and hereby is approved. PASSED. AYES - 12 NOES - 0. No. 121 PERMISSION TO NEGOTIATE 221 WAVERLY, E. 203' S. NORTHLAND VACANT LAND: 26' x 100' ASSESSED VALUATION: $900 (ITEM NO. 9, C.C.P., DECEMBER 10, 1991) That the Comptroller be, and he hereby is authorized to negotiate with William Barber residing at 220 Waverly Street, Buffalo, New York, for the private sale of 221 Waverly Street, Buffalo, New York, and report to this Honorable Body the results of such negotiations. ADOPTED. No. 122 DEMOLITION COSTS - CROSSWALK BRIDGE 1740 BAILEY AVENUE - WILDROOT BUILDING (ITEM NO. 136, C.C.P., DEC. 10, 1991) That Item No. 75, C.C.P., October 3, 1989, is hereby amended in part, to read that the cost of the demolition of the Crosswalk Bridge, plus any interest having accrued thereon, shall be collected from the owner of record at the time of said demolition, Awesome Abe's Auto Parts and Body Shop, Inc., and shall not be assessed against the property at 1740 Bailey Avenue nor any subsequent owner thereof. That the Commissioner of Assessment be and hereby is requested to take all necessary actions to amend the appropriate assessment roll and any and all other relevant records and documents to relieve the property and current owner of 1740 Bailey Avenue of the demolition lien and any other financial liability arising from the demolition of the Crosswalk Bridge, it being the determination of this Council that the proceedings in ordering said assessment and lien having been so irregular as to render them illegal and void are hereby annulled. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR - 1. No. 123 Demolition Costs/Bridge/Wildroot Building (Item # 81 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Demolition Costs/Bridge/Wildroot Building (Item # 82 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Monthly Local Work/Grass/Weeds (STS) (Item # 32 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T COPPOLA CHAIRMAN No. 126 LANDMARK DESIGNATION 249 W. GENESEE NATIONAL FUEL BUFFALO SERVICE CENTER (ITEM NO. 8, C.C.P., NOV. 26, 1991) That the required public hearings having been held pursuant to Law by the Buffalo Preservation Board and the Legislation Committee of the Common Council the recommended designation of the National Fuel Buffalo Service Center (former Buffalo Gas Light Company Works), at 249 W. Genesee Street, and as more particularly described in the above item, as a local historic landmark be and hereby is approved. PASSED. AYES -12 NOES - 0. No. 127 RE: Sorrento Cheese Co., Owner, Petition to use 2375 South Park Avenue for a Pole Sign (Item No. 61, C.C.P., 12/10/91) That after a public hearing held before the Committee on Legislation on December 17, 1991 the petition of Sorrento Cheese Co. to use 2375 South Park Avenue for a pole sign be and the same hereby is approved. PASSED. AYES - 12 NOES - 0. No. 128 Re: The Trustees of Net, Owner, Burger Ring, Tenant, Petition to Use 2335 South Park Avenue for a Pole sign (Item No. 62, C.C.P., 12/10/91) That after a public hearing held before the Committee on Legislation on December 17, 1991 the petition of The Trustees of NET, owner, Burger Ring, tenant to use 2335 South Park Avenue for a pole sign be and the same hereby is approved. PASSED. AYES - 12 NOES - 0. No. 129 FAMILY DOLLAR STORES OF NEW YORK, OWNER PETITION TO USE 1870 BAILEY AVENUE FOR A POLE SIGN (ITEM NO. 63, C.C.P, DEC. 10, 1991) That in recognition of the Zoning Board of Appeals concurrent jurisdiction with respect to the above item, the petition of Family Dollar Stores of New York to use 1870 Bailey Avenue for a pole sign is approved contingent upon the determination of the Zoning Board of Appeals. PASSED. AYES - 12 NOES - 0. No. 130 RE: Shirmard Corp., owner, Petition to Use 1624 William for a Pole Sign (Item No. 64, C.C.P., 12/10/91) That after a public hearing held before the Committee on Legislation on December 17, 1991 the petition of Shirmard Corp. to use 1624 William for a pole sign be and the same hereby is approved. PASSED AYES - 12 NOES - 0. No. 131 EUGENE F. NORMAN, OWNER, PETITION TO USE 908 WALDEN AVENUE FOR A BEAUTY PARLOR (ITEM NO. 65, C.C.P, DEC. 10, 1991) That in recognition of the exclusive jurisdiction of the Zoning Board of Appeals it is hereby approved that the Comptroller, City Treasurer, or other appropriate City Official, be and hereby is authorized to refund to the petitioner the $100.00 (One Hundred Dollars) fee paid for the public hearing before the Legislation Committee and that the Clerk be and is hereby authorized to forward a communication to the Zoning Board of Appeals advising same that, the Common Council has no objection to the proposed use and sign being requested and that the above item is otherwise received and filed. PASSED. AYES - 12 NOES - 0. No. 132 Buffalo Columbus Hospital/Request Ground Sign(CPBD) (Item # 6 CCP Nov 26, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 RE: RESTAURANT/DANCING CLASS IV LICENSE 2050 ELMWOOD AVENUE (ITEM NO. 37, C.C.P., NOV. 26, 1991) 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 Norman J LaBruzzo, Sr., Pres. of Buffalo Sports Garden, Inc. 2050 Elmwood Avenue, Buffalo, New York and the same be, and hereby is approved. PASSED. AYES - 12 NOES - 0. No. 134 RE: RESTAURANT/DANCING CLASS I LICENSE 2609 BAILEY AVENUE (ITEM NO. 24, C.C.P., DEC. 10, 1991) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved to recommit the above item to the Committee on Legislation. ADOPTED. No. 135 NYSABC Board//Liquor License-2987 Bailey (Item # 76 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 EASEMENT - REPLACE STEP AT 2325 SOUTH PARK (ITEM NO. 26, C.C.P, DEC. 10, 1991) That the Commissioner of Public Works be and he hereby is authorized to issue a "mere license" to Mr. Michael Platt to replace a concrete step at 2325 South Park Avenue within the City right-of-way subject to the following conditions: 1. That the concrete step be installed in accordance with all pertaining building codes. 2. That the applicant be responsible for maintaining said step as long as it remains in the city right-of-way. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said step. PASSED. AYES - 12 NOES - 0. No. 137 Minnesota Linear Park Suggested Legal Description (Compt) (Item # 13 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 ABANDON/SELL PORTION OF SEATTLE (ITEM NO. 135, C.C.P., DEC. 10, 1991) That the above item be returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be and the same is recommitted to the Committee on Legislation. ADOPTED. No. 139 Kenmore/Englewood Associates/Abandon Portion Of Seattle (Item # 56 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Notification Serial No. 821617 (PW) (Item # 18 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Request Amendment/Traffic Ordinance Chapter 479 Sec 15.48 (Item # 31 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Water quality Report (PW) (Item # 32 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Citizen Campaign Environment/Annual Water Statement (Item # 55 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Use Of "Gatehouse" & Abatement Laws (Item # 36 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 H.Dick/Complaints/Property Next To 2555 Main (Item # 72 CCP NOV 12, 1991) That the above mentioned Stem be and the same is hereby received and filed. ADOPTED. No. 146 Property Complaint Next To 2555 Main (ICR) (item # 37 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 NFG/Response To Closing Of Service Center (Item # 98 CCP Nov 26, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Ice Rink Revenues/Expenses (Parks) (Item # 35 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Request Funding Zoo E.I.S. (A&F) (Item # 39 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Protect Health/Safety Of Sanitation workers (STS) (Item # 49 CCP Nov 26, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Protect Health/Safety/Sanitation Workers (Item # 138 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Appointment of Members of Committee For Youth (Mayor) (Item # 2 CCP Nov. 26, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Employment Information/ Youth Board Members (HR) (Item # 44 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 154 WATERFRONT REDEVELOPMENT PROJECT NYR-35 MAJOR URBAN RENEWAL PLAN AMENDMENT (ITEM NO. 31, C.C.P., DEC. 10, 1991) That the above item be returned to the Common Council without recommendation. Mr. Bell moved: That the above item be laid on the table pending the public hearing on January 7, 1991. ADOPTED. No. 155 WATERFRONT MAJOR PLAN CHANGE (ITEM NO. 5, C.C.P., DEC. 10, 1991) That the above item be returned to the Common Council without recommendation. Mr. Bell moved: That the above item be and the same is received and filed. ADOPTED. RESOLUTIONS No. 156 BY: MESSRS. ARTHUR AND PITTS The Buffalo Waterfront plans. WHEREAS: It has been a number of years since we had an update on the City of Buffalo's plan for improving the Waterfront, then the major discussion was around the "Pavilion Development". Now it appears that parcels of land are being developed without fitting into any plan or grand scheme; and WHEREAS: Residents of the immediate area have raised questions about the overall development plan; and WHEREAS: The Community Development Department and others within the City Administration may have a purposeful and cogent plan for the Buffalo Waterfront, if they do, we need to know and to hear about it. NOW, THEREFORE, BE IT RESOLVED THAT: The Community Development Department as the lead agency file with this Council, all and any plans for developing the remainder of the Buffalo Waterfront, including portions along the Buffalo River. AND BE IT FURTHER RESOLVED THAT: That the Department of Community Development file with this Honorable Body a status report on all Waterfront properties, including the remaining time on designations. ADOPTED. No. 157 BY MESSRS. BAKOS and ZUCHLEWSKI BUFFALO PARKING VIOLATIONS BUREAU REQUEST TO PUBLISH NAMES OF DELINQUENT LAW OFFENDERS IN THE BUFFALO NEWS WHEREAS: The City of Buffalo presently has millions of dollars in issued delinquent parking summonses; and WHEREAS: The overwhelming dollar amount and the rebellious nature of offenders to elude the current ticket recovery system is seen by the Bureau as totally unacceptable; and WHEREAS: The City of Buffalo Administration and the Common Council have embarked on a joint effort to enforce city parking enforcement laws; and WHEREAS: Upscaled measures must be taken to initiate an effective way to identify and locate the culprits and recover this enormous lost revenue to the city; and WHEREAS: It is the intent of this joint venture to publish a list of names, addresses and debt amount of all persons In delinquent status with the Buffalo Parking Violations Bureau in the Buffalo News; and WHEREAS: This publication will be designed to initiate public recognition and public support in the identification and location of these offenders. A "Hot Line" telephone number will be included in the publication so identified offenders or persons with information concerning offenders may communicate directly with the Buffalo Parking Violations Bureau; and WHEREAS: The publication and administration costs related to this venture, initially incurred by the city, will be passed on the offender as an additional charge. The amount will be determined by the space needed to publish the name and shall be satisfied when the offender reports to pay his fine; and NOW THEREFORE BE IT RESOLVED: That this Common Council authorizes the Buffalo Parking Violations Bureau to publish in the Buffalo News a list of all delinquent and scofflaw offenders by name, address and amount of fine; and BE IT FINALLY RESOLVED: That a telephone "Hot Line" number be established and published in the Buffalo News as a direct link of communication to the Buffalo Parking Violations Bureau for persons who are identified as offenders and citizens with information on the identification and location of offenders. These offenders upon reporting to the Buffalo Parking Enforcement Bureau will incur the costs for the publication of their name and administrative expenses related to this publication as part of their fine owed to the city. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 158 BY: MESSRS. BAKOS and ZUCHLEWSKI REQUEST STATE GOVERNMENT TO IDENTIFY [STATE EMPLOYEES WHO ARE DELINQUENT [WITH BUFFALO PARKING VIOLATIONS BUREAU WHEREAS: The City of Buffalo, as part of its Parking Violations Ticket Recovery Program, is dedicated to making aggressive strides in the identification and collection of outstanding delinquent parking summonses; and WHEREAS: The City of Buffalo now has $17 million in outstanding delinquent summonses with violators working throughout Western New York; and WHEREAS: The City of Buffalo has identified all delinquent employees in Buffalo City Departments as well as the Board of Education, Municipal Housing Authority, Sewer Authority, etc. Employees identified as being delinquent are given every opportunity to satisfy fines before impoundment of the vehicle, judgment, and garnishment proceedings are started; and WHEREAS: Any revenue captured through collection of delinquent summonses will benefit both the City of Buffalo and the State of New York with revenue directed to the state via the $5.00 state surcharge which will be collected with each ticket; and NOW, THEREFORE, BE IT RESOLVED: That this Common Council requests the State Of New York to cooperate with the City of Buffalo and compare a city provided computer list of names of outstanding delinquent violators against New York State employee rosters to identify any and all persons in delinquent status with the Buffalo Parking Violations Bureau; and BE IT FURTHER RESOLVED: That this Common Council requests that the State of New York take this request under advisement and file a response of interest with the Buffalo Parking Violations Bureau By January 15, 1992; and BE IT FINALLY RESOLVED: That the Common Council directs the Buffalo City Clerk's Office to forward a certified copy of this resolution to New York State Governor Mario Cuomo's Office. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 159 BY: MESSRS. BAKOS and ZUCHLEWSKI Request County Government to Identify County Employees Who Stand in Delinquent Status With Buffalo Parking Violations Bureau WHEREAS: The City of Buffalo, as part of its Parking Violations Ticket Recovery Program, is dedicated to making aggressive strides in the identification and collection of outstanding delinquent parking summonses; and WHEREAS: The City of Buffalo still has $17 million in outstanding summonses with violators employed throughout Western New York; and WHEREAS: The City of Buffalo has identified delinquent employees in Buffalo City Departments as well as the Board of Education, Municipal Housing Authority, Sewer Authority, etc. Employees identified as being delinquent are given every opportunity to satisfy fines before impoundment of vehicle, judgement, and garnishment proceedings are started; and WHEREAS: Cooperation by the County of Erie would assist the City of Buffalo in generating revenue which will benefit the City of Buffalo and the State of New York via the State $5.00 surcharge; and NOW, THEREFORE, BE IT RESOLVED: That this Common Council requests the County of Erie to cooperate with the City of Buffalo and compare a city provided computer name list of delinquent violators with the County of Erie employee roster to identify any and all persons under employment of the County who have outstanding summonses; and BE IT FURTHER RESOLVED: That this Common Council requests the County of Erie take this request under advisement and file a response with the Buffalo Parking Violations Department by January 15, 1992; and BE IT FURTHER RESOLVED: That this Common Council directs to Buffalo City Clerk to forward a certified copy of this resolution to Erie County Executive Dennis Gorski's Office. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 160 BY: MESSRS. BAKOS and ZUCHLEWSKI REQUEST LOCAL COLLEGES FOR ASSISTANCE IN PARKING ENFORCEMENT WHEREAS: The City of Buffalo has $462,796 in issued, delinquent parking fines attributed to students at area colleges. Many of these dollars are unrecoverable because the city needs to acquire permission to enforce parking laws on college property; and WHEREAS: Local colleges within the city use or have used Buffalo Parking Violations summonses to enforce parking laws on campus for years; and WHEREAS: Canisius College, which currently is issuing Buffalo Parking Violations Bureau summonses, has a record of 1,564 outstanding summonses totaling $71,817 as of December 9, 1991; and WHEREAS: Buffalo State College, which previously issued Buffalo Parking Violations Bureau summonses, has a record of 5,008 outstanding summonses totaling $245,466 as of December 9, 1991; and WHEREAS: University of Buffalo, which previously issued Buffalo Parking Violations Bureau summonses, has a record of 2,869 outstanding summonses totaling $134,828 as of December 9, 1991; and WHEREAS: Erie Community College, which presently Issues Buffalo Parking Violations Bureau summonses, has a record of 190 outstanding summonses totaling $9,280 as of December 9, 1991; and WHEREAS: D'Youville College, which presently issues Buffalo Parking Violations summonses, has a record of 29 outstanding summonses totaling $1,405; and WHEREAS: The City of Buffalo, which has attempted to recover these unpaid fines, now requests the cooperation of these colleges to permit the city to boot and tow the vehicles of identified scofflaw offenders on college property; and WHEREAS: The city also proposes a program that would stop the issuance of semester report cards and college transcripts to any student who has any unpaid summonses to the city; and WHEREAS: The educational community, which has made great achievements in providing young people with a valuable education and the tools needed for life, should also teach young people respect for the law and the seriousness of debt; and WHEREAS: Since all these entities benefit from public support it is in their best interest that they cooperate with this request for assistance; and NOW, THEREFORE BE IT RESOLVED: That the Common Council respectfully requests that the aforementioned colleges and universities cooperate with the Buffalo Parking Violations Bureau's request to permit the boot and tow of scofflaw vehicles located on college property; and BE IT FURTHER RESOLVED: That these colleges and universities consider the possibility of stopping the issuance of semester report cards and college transcripts until all outstanding summonses under the student's names are satisfied; and BE IT FURTHER RESOLVED: That this Common Council requests the listed colleges and universities to review the above and respond to the Parking Violations Bureau by January 15, 1992; and BE IT FINALLY RESOLVED: That The Common Council directs to Buffalo City Clerk to forward certified copies of this resolution to the listed c olleges and universities mentioned. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 161 BY: MR. BELL ESTABLISH POLICY FOR CONSTRUCTION OF NEW HOUSING PROJECTS AND SELECTION OF DEVELOPERS WHEREAS: In recent years, the City of Buffalo has vigorously embarked on a campaign of building several hundred new houses throughout the city; and WHEREAS: At the onset of this new housing construction, communication between the department heads, the district councilmembers and the chairman of the Economic Development Committee, while not perfect, was much better than it is at this time; and WHEREAS: Routinely, the department head or project manager would conduct several informal meetings with the district councilmember, the developer and the chairman of the committee, prior to the actual filing of a Land Disposition Agreement; and WHEREAS: In this manner, the councilmember could work with the department, involve community organizations, discuss and resolve areas of disagreement with the developer, apprise council colleagues, and have a full understanding of the project by the time it was brought to the Council for action; and WHEREAS: Recently, there has been a tremendous deterioration in the communication process, where departments work exclusively with the developers and eliminate most councilmembers from any discussions prior to the committee and/or council meetings; and WHEREAS: In fact, developers have stated at committee meetings that they have been advised by city department personnel that everything would go smoothly and there would be no need to discuss matters with councilmembers until the matter was formally before the Council; and WHEREAS: The lack of communication with councilmembers has forced several projects to be recommitted from the mandatory Council Hearing to the Economic Development Committee to allow for a more complete review of the proposal; and WHEREAS: Through this Council review process, it has become evident there are great discrepancies in the products that developers are offering in terms of standards, design, total cost, cost per square foot, types of materials used, marketing strategies, etc.; and WHEREAS: The determination of how specific projects are undertaken as well as the selection process for developers has also been brought to question by councilmembers who are unsure of the criteria used by city departments to give a project the "go ahead" or for selection of a builder; and WHEREAS: It seems to be in the city's best interest to establish a specific long range New Home Master Plan detailing the number of homes to be built and the location of specific projects; and WHEREAS: As part of this Master Plan, a policy should be established that involves the district councilmember for each proposed new housing project, the Chairman of the Economic Development Committee and the Neighborhood Housing Service or housing CBO in each proposed area to be part of the process from commencement to fruition; and WHEREAS: In addition, as part of the plan, a "Request For Proposals" (RFP) process should be utilized for selection of builders to ensure high standards for workmanship, quality of materials, background information such as financial stability and track record, construction time frame, and guarantees to eliminate the great range of disparity in the cost and construction of the new housing; and WHEREAS: Efforts should also be made to negotiate with the Department of Housing and Urban Development and New York State Affordable Housing to establish a range of subsidies from $5,000 to $20,000, in $5,000 increments, based on higher income guidelines to allow for people with income over the established guidelines an opportunity to participate in these new housing programs; and WHEREAS: Efforts should also be made to explore the possibility of having the City sell residential vacant parcels to BURA at a rate of at least $1,000 per lot, instead of merely transferring the lots to Bura; after the sale from the City, BURA would resell the parcel to the developer for double the amount of the City sale price so that both the City and BURA profit from the sale; NOW, THEREFORE, BE IT RESOLVED: That the Common Council through the Economic Development Committee bring together representatives from the Department of Inspections and Community Revitalization, the Department of Community Development, the Buffalo Urban Renewal Agency, the Department of Housing and Urban Development, Buffalo Neighborhood Housing Services and the Corporation Counsel to develop a policy for new housing construction which incorporates concepts outlined above. REFERRED TO THE COMMlTTEE ON ECONOMlC DEVELOPMENT. No. 162 BY: MR. BELL MEMORIALIZE CONGRESS BAN ALL CIGARETTE ADVERTISING WHEREAS: Recent studies by the University of Massachusetts Medical School in Fitchburg and the Medical College of Georgia at Augusta have produced results which strongly suggest that cigarette advertising causes children to become addicted to cigarettes; and WHEREAS: The R. J. Reynolds Tobacco Company launched its Camel cigarettes advertising campaign in 1988 featuring "Old Joe Smooth" a cartoon camel whose cool lifestyle is brought to life on billboards, posters, tee-shirts, etc. and targets children and teenagers; and WHEREAS: Statistics show that since R.J. Reynolds began its campaign with "Old Joe Smooth," the proportion of smokers under the age of 18 who smoked Camels rose from less than 1% to 32.8%; and WHEREAS: It is clearly evident that this type of targeted advertising is extremely detrimental to impressionable youth, since R.J. Reynolds' campaign experienced little success influencing adults to switch to Camels; and WHEREAS: Camels "Hard Pack" advertising depicting "Joe Smooth" with a group of other cartoon camels dressed in leather jackets intentionally depicts a lifestyle that seemingly promotes gangs and gives a message just as deleterious to youth as the cigarette advertising does; and WHEREAS: The success that R.J. Reynolds has had influencing youth to choose its product has resulted in more and more companies creating campaigns to target young people, and other impressionable and vulnerable groups of people; and WHEREAS: Health agencies are constantly warning public officials, educators, and the general populace on the dangers of smoking and the rising costs of providing health care to those who suffer from heart disease, emphysema, cancer, or other smoking related illnesses; and WHEREAS: The tobacco industry, through its advertising techniques and for its own economic gain, is attempting to addict an entirely new generation of smokers which will perpetuate the industry's existence while at the same time condemn society to finance the escalating health care costs and to cope with the tragedies and devastations that smoking causes; and WHEREAS: Public officials can no longer deny the adverse effects of smoking and the tremendous influence the tobacco industry has on the youth of this country and must take the responsible step of banning tobacco advertising of any kind in any medium to protect our youth and our society from this terrible abomination; NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo goes on record supporting a ban on tobacco advertising of any kind in any medium; and BE IT FURTHER RESOLVED: That this Honorable Body memorializes the Congress of the United States of America to take appropriate action to ban tobacco advertising in this country; and BE IT FINALLY RESOLVED: That the City Clerk be directed to forward certified copies of this resolution to the Senate and House of Representatives of the United States and the Western New York delegation of Congress. ADOPTED. AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS, ZUCHLEWSKI- 10. NOES- AMOS, ARTHUR- 2. No. 163 BY: MR. BELL CONSOLIDATE MAY BOARD OF EDUCATION ELECTION WITH NOVEMBER GENERAL ELECTION WHEREAS: Section 2553 of the New York Education Law mandates that the election of the members of the Board of Education of city school district of the City of Buffalo be held on the first Tuesday in May in the appropriate years; and WHEREAS: The concept behind a spring election is to allow the Board of Education election to be independent of the political process; and WHEREAS: What actually has resulted is an election marked by low voter turnout that is still perceived by many to have significant political influence and ramifications; and WHEREAS: According to the Erie County Board of Elections the most recent School Board election, in May 1989, brought out 25,757 voters and cost $280,723.59 with a cost to the taxpayers of $10.85 per voter and only 15 percent of the eligible voters voting; and WHEREAS: The November 1989 general election attracted 67,822 voters, 40 percent of Buffalo's 167,755 registered voters at a cost of $330,726 or $4.13 per vote; and WHEREAS: Moving the Board of Education spring election to the November general election could save the City an estimated $300,000, a saving desperately needed in these tough financial times; and WHEREAS: Even more critical is the fact that holding board elections in November would increase the number of Buffalonians who help decide the school system's future. Board members would be chosen by a larger cross section of city residents, rather than by small groups of individuals who, while highly motivated, may also have very narrow aims that are not always in the best interest of the district and its children; and WHEREAS: Those who fear that the board would become more and more political if the election were moved to November, or influenced more by party line voters with less interest in education than partisan politics, must assume the responsibility of educating the voters of the true education concerns of today so that the Board of Education can indeed become a body of individuals willing to address the tough Issues facing our Public Education system; and NOW, THEREFORE BE IT RESOLVED THAT: This Honorable Body requests that the Corporation Counsel, Erie County Board of Elections, and the Buffalo Board of Education file a response with the City Clerk, 1308 City Hall, by 11:00 A.M. Thursday January 2, 1992, and BE IT FURTHER RESOLVED THAT: That the New York State Senate and Assembly are hereby requested by this Common Council to amend the Education Law so that members of the Buffalo Board of Education will be elected at the general elections held in the City of Buffalo BE IT FINALLY RESOLVED THAT: This Honorable Body directs the City Clerk to send a certified copy of this resolution to the County Board of Elections, the Buffalo Board of Education, Secretary of the New York Senate, the Clerk of the Assembly, and to the members of the Western New York Delegation of the Senate Assembly. ADOPTED. AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 9. NOES- ARTHUR, COLLINS, PITTS- 3. No. 164 BY: MR. BELL Credit life insurance WHEREAS: Credit life insurance, a recent topic highlighted in Honey Magazine, is presently under investigation by the National Association of Insurance Commissioners (a professional organization of state insurance regulators); and WHEREAS: Credit life insurance pays out an average of only 38 cents to beneficiaries, and in some states, as little 17 cents for every $1 of premium you pay, compared with 83 cents for the typical life insurance policy; and WHEREAS: Credit life insurance is often sold to people who don't realize they're buying it; and WHEREAS: Credit life insurance is probably the biggest waste of coverage you can buy; and WHEREAS: Nearly 100 million consumers own more than $326 billion worth of credit life policies; and WHEREAS: According to insurance industry estimates, the typical annual premium on $10,000 of credit life is $6 per $1,000 of coverage regardless of your age. The typical premium for term life insurance taken out by a policyholder 40 years old is only $3 per $1,000, however, and will be even less for people who are younger; NOW, THEREFORE BE IT RESOLVED: That this Common Council goes on record in support of recent reforms under way as a result of regulators' charges that credit insurance is wildly overpriced and a uniform law that would require credit life insurers to pay out at least 60 cents in benefits for every premium dollar they take in. ADOPTED. No. 165 BY: MR. COLLINS ESTABLISH ANNUAL PERMIT FEE FOR NONACCESSORY SIGNS WHEREAS: Existing regulations have done little to prevent the City-wide proliferation of nonaccessory signs nor to provide for the proper tools to control, identify and administer the issuance of permits, licenses and violations for or inspections of these signs; and WHEREAS: Current regulations do not facilitate an easy determination of these signs because it is not required that these signs and/or their structures have indication of current licenses (tags) affixed thereto; and WHEREAS: Current regulations do not sufficiently or adequately penalize individuals or companies that erect and maintain nonaccessory signs in violation of City ordinances; and WHEREAS: It is necessary and desirable to impose additional regulations and license fees to identify all nonaccessory signs, to limit the proliferation of these signs, to cause the removal of the existing illegal signs, to fund the administration of these regulations and to facilitate the status of the licenses and permits on these signs NOW, THEREFORE BE IT RESOLVED THAT: This Honorable Body requests that the Corporation Counsel prepare new ordinance amendments to Chapters 133 City Property, 511 Zoning, 294 Nuisance Abatement, and 175 Fees to include the following information provided below; * - Chapter 294 Nuisance Abatement Article 294-4: provide for a new letter N to read, "Any nonaccessory sign wherein there exists or is occurring a violation of Chapter 511, the Zoning Ordinance of the City of Buffalo." * - Chapter 133 City Property: to state that the new nonaccessory signage regulations are to be in addition to those regulations already within this chapter that deal with nonaccessory signage on City property. * - Chapter 175 Fees 387-19: to omit "billboard" and now read "ground sign or pole sign permit" Add a new 387-20 to be "nonaccessory signs": A. Applicant pays an annual license fee for each nonaccessory sign facing of less than five hundred square feet: one hundred seventy-five ($175) dollars. B. For each nonaccessory sign facing of five hundred or more square feet in area one: ($1) dollar for each square foot. C. Any individual or company whose business is the erection, construction and/or maintenance of nonaccessory signs must pay an annual license fee of two hundred ($200) dollars. * - Chapter 511 Zoning, the following information should be an addition to section C addressing nonaccessory signs: 1 - No person shall erect or maintain any nonaccessory sign unless they have obtained appropriate licenses from the Department of Licenses 2 - Licenses for Individual Signs. No license shall be issued unless: A - The Department finds that the nonaccessory signs and their support structures which are proposed to be erected or which are erected or maintained are to be constructed in conformity with all codes and all proper permits have been secured. B - The applicant or their authorized representative proposes to erect or maintain a sign or sign structure which extends in any manner into or above a public street, highway or right-of-way agrees to comply with the terms of the license and to indemnify the City against any liability by reason of granting the license, and files a continuing bond for the sign satisfactory to the Law Department. C - If an applicant is or proposes to engage an individual or company whose business is the erection, construction and/or maintenance of signs and/or sign structures, that individual or company possesses a valid annual license, allowing them to erect and maintain nonaccessory signs. D - The applicant does not have any outstanding violations, for which all legal appeals have been exhausted nor any outstanding court orders requiring the removal of any sign(s) for which all legal appeals have been exhausted, for erecting and/or maintaining nonaccessory signs in violation of the Buffalo Code. E - The applicant or their representative affix on each sign and/or sign structure information indicating the owner of the sign and (if applicable) the individual or company responsible for erecting and/or maintaining the sign and/or sign structure. 3 - Any individual or company whose business is the erection, construction and/or maintenance of nonaccessory signs and/or sign structures, shall be required to obtain an annual license for the privilege of erecting nonaccessory signs within the City of Buffalo. No annual licenses shall be issued unless: A - The applicant post a bond satisfactory to the Law Department in an amount satisfactory to the Law Department to pay for the cost of removal and/or demolition of any sign that is found to be unsafe, to be a public nuisance, or is required to be removed under any terms of the Buffalo Codes. This bond is to be used only if, after a period of thirty (30) days from an order from the Department of Licenses and Inspections, the Applicant refuses to remove an offending sign. B - The applicant does not have any outstanding violations, for which all legal appeals have been exhausted nor any outstanding court orders requiring the removal of any sign(s) for which all legal appeals have been exhausted, for erecting and/or maintaining nonaccessory signs in violation of the Buffalo Code. C - The applicant or their representative affix on each sign and/or sign structure information indicating the owner of the sign and (if applicable) the individual or company responsible for erecting and/or maintaining the sign and/or sign structure. 4 - License Tags. The Department of Public Works, Division of Licenses shall annually issue licenses and license tags for all nonaccessory sign facings within the City of Buffalo: A - For each nonaccessory sign, a license tag shall be issued by the Department of Licenses. Each tag shall be of a size and color so as to be easily read from the footway and/or street or highway. The tag shall contain a license number peculiar to that sign facing and shall be visible from the footway and/or street or highway. A renewal sticker shall be issued annually. The color of the renewal sticker shall be changed annually. 5 - Enforcement A - The Departments of Licenses and Inspections shall inspect all nonaccessory signs to be sure they are structurally safe, that they comply to all other appropriate sections of the Buffalo Code, that they have a valid annual license, and they may abate any nonaccessory sign erected, constructed or maintained in violation of the Buffalo Code. B - Any sign and/or sign structure which does not conform to the requirements of the Buffalo Code is hereby declared a public nuisance. C - Whenever a nonaccessory sign is erected and/or maintained in violation of the provisions of the Buffalo Code, the Department of Licenses shall serve written notice of such violations upon the violator, directing compliance within thirty (30) days of the receipt of the notice of violation. In the case where ownership cannot be determined or notice cannot be delivered, The Department of licenses shall place a violation notice upon the sign and/or sign structure. D - After expiration of the time for compliance as stated on the notice of violation (thirty (30) days), if the violation has not been corrected and no appeal is pending, the Department of Licenses may itself or by contract remove the offending sign. The costs incurred by the Department shall be charged against the person owning such offending sign or against the bond posted by the individual or company that owns or erected and maintains the offending sign. If the sign was unlicensed or abandoned, the property owner on whose premises the sign is located shall be responsible for the cost of removal. E - If any violation of the provisions of the Buffalo Codes results in an immediate peril, to persons or property, the Department of Licenses may require immediate compliance. 6 - Penalties A - The penalty for violation of any term or condition of a license or any provision of the Buffalo Code dealing with nonaccessory signs and/or structures, shall be a fine of three hundred ($300) dollars which shall be imposed for each and every violation cited. Each day the Codes are violated shall be deemed a separate offense for which a separate penalty may be imposed. 7 - Severability A - If any provision, sentence, clause or part of this Ordinance Amendment is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not effect or impair any of the remaining provisions, sentences, clauses, or parts of the Ordinances dealing with nonaccessory signs. It is the intent of this legislation that it would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part thereof not been included herein. ADOPTED. AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 10. NOES- AMOS, PITTS- 2. No. 166 BY: MR. COPPOLA RE: ORDINANCE AMENDMENT CHAPTER 361-3 and 361-8 PRINTING CONTRACT The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 361, Section 361-3 and 361-8 of the Code of the City of Buffalo be amended to read as follows: 361-3. Printing [contract.] (A. The printing of the City Record shall be let by contract, in accordance with the provisions of the Charter and Ordinances of the City of Buffalo. In case of the inability or omission of the contractor to print either of such publications in accordance with the terms of his contract or in the absence of such a contract, each issue of the City Record shall be printed by special contract to be made by the City Clerk at a price not to exceed the usual price for similar printing in the City of Buffalo. The City Clerk is hereby authorized to enter into such contracts for printing separate issues of the City Record as circumstances from time to time may require.] [B.] The City Clerk is hereby authorized to print and publish both the City Record and the Council Proceedings of the City of Buffalo either by use of printing facilities owned by the City of Buffalo or by another municipal corporation, in which case no contract shall be required, or in the case of an emergency by the letting of a contract to a private printer, in which case any such contract shall be subject to the [competitive] emergency bidding requirements of the City of Buffalo. 361-8. Payment of fees; exceptions. A. The City Clerk is entitled to receive, on behalf of the city, for services specified in this section, except where another fee is allowed therefor by statutory provision, the fees as provided in Chapter 175, Fees, to be paid in advance to be deposited by him with the City Treasurer. (1) For a search of the marriage records and furnishing a certificate of marriage registration. (2) For a search of the marriage records filed in his office. (3) For a search of the marriage records and furnishing a non-certified copy of marriage registration for genealogical purposes. [(3)] (4) For the issuance of a license of marriage and for the furnishing of a certificate of marriage registration upon receipt of the return of the marriage license properly endorsed and completed by the person who shall have solemnized the marriage in accordance with the laws of the State of New York. (5) For use of a marriage room in the City Clerk's Office during the performance of a marriage ceremony. [(4)] (6) For preparing and furnishing a copy of a resolution or other paper filed in his office. [(5)] (7) For comparison of a copy prepared by the applicant of a resolution or other paper filed in his office. [(6)] (8) For furnishing the form, filing and docketing application for appointment to the office of the Commissioner of Deeds. [(7)] (9) For preparing and furnishing photographic copies of papers on file in his office, not including the fee for certification. [(8)] (1O) For furnishing in booklet form a printed copy of the Common Council Proceedings of the City of Buffalo. [(9)] (11) For a yearly subscription to the Common Council Proceedings of the City of Buffalo. [(10) For furnishing a printed volume of the Code of the City of Buffalo.] (12) For furnishing a single copy of the City Record. (13) For a yearly subscription of the City Record. [(11)] (14) For furnishing a printed volume of the Charter of the City of Buffalo. [(12)] (15) For furnishing a printed volume of the Charter and Code of the City of Buffalo. [(13)] (16) For furnishing printed pamphlets of separate chapters of the Code of the City of Buffalo. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. This ordinance shall become effective January l, 1992. APPROVED AS TO FORM. R. PETER MORROW Acting Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. PASSED AYES- 12 NOES -0. No. 167 MR. COPPOLA RE: ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 - Fees of the Code of the City of Buffalo, be amended to read as follows: Chapter 361, Records 361-8, Filing of certain papers or records For a search of the marriage records and furnishing a certificate of marriage registration $10.00 For a search of the marriage records filed in the Clerk's Office $1.00 For a search of the marriage records and furnishing a non-certified copy of marriage certificate for genealogical purposes $11.00 For the issuance of a license of marriage and for the furnishing of a certificate of marriage registration upon receipt of the return of the marriage license properly endorsed and completed by the person who shall have solemnized the marriage in accordance with the laws of the State of New York [$20.00] $25.00 For use of a marriage room in the City Clerk's Office during the performance of a marriage ceremony $10.00 For preparing and furnishing a copy of a resolution or other paper filed in the Clerk's office $1.00 For comparison of a copy prepared by the applicant of a resolution or other paper filed in the Clerk's office $1.00 For furnishing the form and filing and docketing an application for appointment to the office of the Commissioner of Deeds $10.00 For [preparing and] furnishing photographic copies of papers on file in the Clerk's office, not including the fee for certification per page [$0.50] $0.25 For furnishing in booklet form a printed copy of the Common Council Proceedings of the City of Buffalo for each meeting [$2.00]$10.00 For a yearly subscription to the Common Council Proceedings of the City of Buffalo [$36.00] $175.00 (For furnishing a printed volume of the Charter of the City of Buffalo $25.00] For furnishing a single copy of the City Record $1.00 For a yearly subscription of the City Record mailed on a weekly basis $175.00 For furnishing a printed volume of the Charter and Code of the City of Buffalo fee plus New York State sales tax plus shipping/ handling charge $150.00] $250.00 For furnishing printed pamphlets of separate chapters of the Code of the City of Buffalo, such amount for each as is determined by the City Clerk to defray the cost thereof. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that immediate passage of the foregoing Ordinance is necessary. This ordinance shall become effective January l, 1992. APPROVED AS TO FORM R. PETER MORROW Acting Corporation Counsel NOTE: Matter underlined is new; matter in brackets [ ] to be deleted. PASSED AYES- 12 NOES -0. No. 168 BY: MR. COPPOLA REQUEST STATUS OF ROBERT HEFTKA WHEREAS: On April 24, 1991, the Civil Service Commission approved the appointment of Robert Heftka as Assistant Corporation Counsel; and WHEREAS: At the time of his appointment, he was not a resident of the City of Buffalo; and WHEREAS: The Civil Service Commission's approval was conditional in that he move into the City of Buffalo by October 24, 1991. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests a report from the Corporation Counsel on the status of Robert Heftka's move into the City of Buffalo as conditioned by the Civil Service Commission. REFERRED TO THE CIVIL SERVICE COMMITTEE, THE CIVIL SERVICE COMMISSION AND THE CORPORATION COUNSEL. No. 169 MR. COPPOLA REQUEST INFORMATION PILOT FIELD TENT PARTY RECEIPTS WHEREAS: Part of the lease agreement with Bison Baseball Inc. guarantees the City of Buffalo a fifteen percent (15%) share in concession income; and WHEREAS: Bison Baseball Inc. regularly hosts parties in the tent before games for various reasons such as birthday parties, fundraisers, and company picnics; and WHEREAS: As the tent can be construed as a concession, it should be subject to Paragraph 12 of the Bison lease which requires payment of a minimum of 15- of gross receipts. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests answers to the following from the Comptroller's Office, Corporation Counsel, Community Development, and Buffalo Development Companies 1. Were the receipts from tent parties at Pilot Field included in reported revenues from Bison Baseball Inc.? 2. Has the City of Buffalo ever received remuneration from Bison Baseball Inc. of revenues earned from tent parties? ADOPTED. No. 170 BY: MR COPPOLA SUGGEST NEW SIGNS FOR CITY ENTRIES. WHEREAS: Buffalo has the traditional motto "Queen City of the Great Lakes", which shows a great deal of pride in its city; and WHEREAS: Presently, the signpost on Route 33 denotes "City of Buffalo"; and WHEREAS: Buffalo is a proud city and deserves a more befitting signpost; and WHEREAS: The Kensington Expressway is a gateway to Buffalo that airport travelers and visitors use for entry to our proud city; and NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Department of Public Works and the Traffic Engineer replace current signposts on entering roadways with signs that display the pride of this City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND BUFFALO PLACE. No. 171 BY: MESSRS. COPPOLA AND COLLINS TASK FORCE ON HOMELESS FAMILIES WHEREAS: An article appeared in the Buffalo News on November 16, 1991 describing the plight of the Townsend family from Burlington Vermont, which had become stranded while passing through our city; and WHEREAS: The Common Council has a continuing commitment to the compassionate care of the less fortunate of our brothers and sisters when they arrive in the City of Good Neighbors without adequate resource; and WHEREAS: The Townsend incident may be an isolated instance of the failure of the social services not funded in part by the City of Buffalo and represents a hole in the safety net that could have resulted in a tragedy; and WHEREAS: A task force on homeless families will provide a relatively short-lived vehicle for the exploration of this issue. NOW THEREFORE BE IT RESOLVED THAT THIS COMMON COUNCIL: 1. Requests its President to promptly appoint a Task Force on Transient Homeless Families consisting of seven members appointed from the social services community, the business community, the United Way of Buffalo and Erie County, and the general community; 2. Require that the Task Force investigate the Townsend incident to determine whether it represents an isolated failure of the social services safety net or a structural problem with that safety net and report back to the Council by April 1, 1992; 3. Approve its President to make such other requirements of the Task Force as he deems appropriate. ADOPTED. No. 172 BY: MR. FAHEY Councilmember Perla Excused from Meeting That Councilmember Carl Perla, be and he hereby is excused from attendance at the Council meeting of December 23, 1991, due to his absence from the city. ADOPTED. No. 173 BY: MESSRS. FAHEY and FRANCZYK SUPPORT INDIVIDUAL PRICE STICKERS WHEREAS, New York State law, which required individual price stickers on food items sold in grocery stores and supermarkets, expired on June 30, 1991; and WHEREAS, The Erie County Legislature passed an item pricing law in October 1991 that would have required individual price stickers on items sold in retail food stores in Erie County and would have imposed penalties on stores that failed to comply with the law; and WHEREAS, Consumer groups including the Consumer Protection Board, the State Department of Agriculture and Markets, the New York Public Interest Research Group, Inc., the American Association of Retired Persons and the AFL-CIO are advocating for item pricing laws with enforceable penalties; and WHEREAS, This Common Council passed a resolution on September 17, 1991 supporting Legislator Dusza's local law on item pricing; and The Erie County Legislature is now considering a diluted item pricing law which would virtually exclude all supermarkets from regulation. NOW, THEREFORE BE IT RESOLVED : That This Common Council reiterates its belief that it is in the consumer's best interest to have an individual item pricing law in effect in Erie County; and BE IT FURTHER RESOLVED: That this Honorable Body strongly urges the Erie County Legislature to retain its individual item pricing law. ADOPTED. No. 174 BY: MESSRS. FAHEY AND AMOS WAIVE FEE FOR CITY BANDSHELL WHEREAS, Community organizations, businesses, the University of Buffalo and governmental officials got together to plan and carry out Unifest 1991; and WHEREAS, Unifest is a cultural street festival that unifies the businesses, residents, students and not-for-profit organizations in the University Heights area; and WHEREAS, This year a steering committee is again working to produce this cultural event that is scheduled for Main Street on August 29 & 30, 1992; and WHEREAS, The proceeds from this event will go to the Independent Living Center and the University Heights Community Center; and WHEREAS, The Unifest steering committee has reserved the City of Buffalo's bandshell for the two days of the festival at a cost of $250 per day; and WHEREAS, The cost of renting the bandshell will add a significant amount of money to the costs of producing this community event. NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that the Department of Parks waives the $500 fee for rental of the City's bandshell for Unifest 1992 to be held on August 29 & 30, 1992. PASSED. AYES- 12 NOES - 0. No. 175 BY: MR. FAHEY IDENTIFY INDIVIDUAL OPERATORS AND DEPARTMENTS OF CITY OWNED VEHICLES WHEREAS: Presently there are two (2) and four (4) door sedans, utility and pickup trucks, station wagons, suburbans and vans assigned to a number of City of Buffalo employees; and WHEREAS: The Department of General Services has supplied this Common Council with the most up to date inventory of City of Buffalo owned vehicles; and WHEREAS: It is now necessary to identify the individuals and departments that are assigned these vehicles; and NOW, THEREFORE BE IT RESOLVED THAT: This Honorable Body directs the Department of General Services to resubmit their computer runoff list of City owned vehicles and identify a operator with each vehicle; and BE IT FINALLY RESOLVED THAT: The Department of General Service file their response with the City Clerk, 1308 City Hall by 2:00 P.M. by January 2, 1992. ADOPTED. No. 176 BY: MR. FRANCZYK APPOINT MICHAEL NIMAN TO B-CAM BOARD WHEREAS: The Buffalo Common Council appointed seven individuals to the Board of Directors of Buffalo Cable Access Media (B-CAM), the organization which was awarded the contract to operate the city's cable TV public access center; and WHEREAS: One of those appointees, Denis Woods, recently submitted his resignation from the B-CAM Board, leaving a vacancy to be filled by the Council; and WHEREAS: Michael Niman, who resides at 18 Stanislaus St., is an associate adjunct professor of American Studies at SONY at Buffalo, and has earned a Ph.D. in American Studies from that institution; and WHEREAS: Also a published author and a media specialist, Mr. Niman possess the qualifications and commitment to serve effectively on the B-CAM board. NOW, THEREFORE BE IT RESOLVED: That this Common Council appoint Michael Niman of 18 Stanislaus St. to fill the unexpired term of Denis Hoods on the Board of Directors of Buffalo Community Television (dba Buffalo Cable Access Media - B-CAM). ADOPTED. No. 177 BY: MR. HIGGINS REQUEST FOR INFORMATION ON LIGHT INDUSTRIAL PLANNING AND BUSINESS DEVELOPMENT IN BUFFALO WHEREAS: A published report of Western New York's Top 100 Companies (Business First Nov. 18, 1991) stated 33 companies are located in Buffalo, while in 1987, 44 companies operated within the City limits; and WHEREAS: The loss of 11 companies in four years, coupled with any recent or possible future corporate moves from Buffalo could lead to an erosion of our quality of life since a declining tax base reduces the City's ability to maintain basic services; and WHEREAS: This points to the urgent need to maintain our corporate base and encourage positive, constructive cooperation with businesses and business leaders. NOW, THEREFORE BE IT RESOLVED: That the Community Development Department and the Buffalo Enterprise Development Corporation file with this Common Council a comprehensive space inventory report on industrial development land in the City of Buffalo. The report should identify industrial park designations and include: what sites are designated to whom, total acreage available for development, and an assessment to project future site needs; and BE IT FURTHER RESOLVED: That the Greater Buffalo Development Foundation; Erie County industrial Development Agency, Western New York Economic Development Corporation and the Buffalo Area Chamber of Commerce report on program activity their agencies are involved in to retain and encourage business activity in the City of Buffalo. ADOPTED. No. 178 BY: MR. CARL A. PERLA, JR. APPOINTMENT OF LEGISLATIVE ASSISTANT That this Common Council does hereby appoint Ms. Ann Angelo, 312 Pennsylvania Avenue, Buffalo, NY 14201, to the position of Legislative Assistant to Niagara District Council Member Carl A. PerIa, Jr. , effective December 16, 1991. ADOPTED. No. 179 BY: MR. PERLA RE: PAYMENT OF CLAIM OF KLEINHAN'S MUSIC HALL MANAGEMENT. INC. IN THE AMOUNT OF $140,975.00 WHEREAS: On July 23, 1991 this Common Council pursuant to Item No. 122, C.C.P. approved payment of the claim of Kieinhan's Music Management, Inc. in the amount of $140,975.00 and directed that a check be drawn on the account of 81-2-General City Charges 100-812-000-00-809 Judgment and Claims, Prior Years; and WHEREAS: On August 5, 1991 the Hon. James D. Griffin, Mayor of the City of Buffalo, vetoed the action of this Common Council in approving payment of the claim of Kleinhan's Music Management, Inc. in the amount of $140,975.00; and WHEREAS: On September 3, 1991, this Common Council pursuant to Item No. 3 overrode the veto of the Hon. James D. Griffin, Mayor of the City of Buffalo and directed payment of the claim of Kleinhan's Music Management, Inc. in the amount of $140,975.00; and WHEREAS: Since the action of this Common Council on September 3, 1991 the Comptroller of the City of Buffalo has not received the necessary voucher form from the City of Buffalo Law Department to process the claim for payment; and WHEREAS: On December 17, 1991 Acting Corporation Counsel R. Peter Morrow, III, issued an opinion which in substance states that with respect to the claim of Kleinhan's Music Management, Inc. the Comptroller of the City of Buffalo is not authorized to pay the claim; and WHEREAS: The Comptroller of the City of Buffalo, by letter dated December 17, 1991 and in a communication dated December 19, 1991, filed with the City Clerk, has advised this Common Council that the aforesaid claim cannot be processed; and WHEREAS: The Comptroller of the City of Buffalo, pursuant to Article R, Section 16-14 of the City Charter has referred the claim of Kleinhan's Music Management, Inc. back to this Common Council to determine whether this body desires to audit the claim and order a warrant drawn in payment thereof, provided that the claim is a legal liability of the City of Buffalo; and WHEREAS: This Common Council, upon further review and audit of the aforesaid claim has determined that the claim of Kleinhan's Music Management, Inc. in the amount of $140,975.00 is a legal liability of the City of Buffalo; NOW, THEREFORE, BE IT RESOLVED, That this Common Council, pursuant to Article II, Section 16-14 of the City Charter does hereby, following audit thereof, determine that the claim of Kleinhan's Music Management, Inc. in the amount of $140,975.00 is a legal liability of the City of Buffalo and it is hereby ordered that a warrant be drawn in payment thereof and that the Comptroller of the City of Buffalo is hereby authorized and directed to immediately pay the claim of Kleinhan's Music Management, Inc. in the amount of $140,975.00 by issuance of a check drawn on the account of 81-2 General City Charges 100-812-000-00-89 Judgment and Claims, Prior Years. PASSED. AYES - 12 NOES - 0. No. 180 BY: MR. PITTS Request Authorization To Apply For FY 1992 Certified Local Government Subgrant Whereas, The New York State Office of Parks, Recreation and Historic Preservation (Parks) provides matching grants to certified local governments for projects that address the goals of identifying, evaluating, nominating and protecting a community's cultural resources, and Whereas, the City of Buffalo has been designated as a Certified Local Government by Parks, and Whereas, Parks is currently accepting applications for funding under the FY 1992 Certified Local Government (CLG) Subgrant program whose deadline is December 20, 1991, and Whereas, FY 1992 CLG Subgrant funding priorities include public education programs, and Whereas, the Common Council at its September 3, 1991 meeting authorized the Mayor to apply for a matching grant from the New York State Urban Cultural Park Local Assistance Program for a Theatre District Urban Cultural Park Architectural and Historical Interpretation Project, and Whereas, CLG Subgrant Program regulations require the local legislative body authorize the submission of grant applications. Now, therefore be it resolved that the Mayor of the City of Buffalo be, and he hereby is, authorized and directed to file a FY 1992 CLG matching grant application on forms prescribed by Parks for financial assistance in accordance with the provisions of the CLG Subgrant Program, and That upon approval of this application by Parks, the Mayor of the City of Buffalo be, and he is hereby, authorized to enter into and execute a project agreement with Parks for such financial assistance, upon such terms and conditions prescribed by the State, and That the City Clerk be, and he hereby is, directed to forward a certified copy of this resolution to Parks. ADOPTED. No. 181 MR. ZUCHLEWSKI REGULATE DISPLAY OF SLAUGHTERED GAME WHEREAS: Every year during deer hunting season, successful hunters return to the City of Buffalo with their slaughtered prey; and WHEREAS: Upon returning home, many of the hunters hang the deer carcass from a tree or other readily visible structure in order to drain and air-out the meat; and WHEREAS: While the need to hang the deer is valid, every precaution should be taken to insure that the carcass is not displayed in a manner that is offensive to the citizenry or potentially frightening to children; NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that the Corporation Counsel prepare an ordinance amendment that regulates the display of slaughtered game which includes the following provisions: 1) The carcass may not be placed in the front of a property; it must be in the rear of the property. 2) The carcass, whenever possible, should be hung inside an enclosed structure (i.e. garage, utility shed). If it must be hung outdoors, it must be shielded from view. 3) A monetary fine for violation should be established 4) Confiscation of the carcass should be mandatory if a violation exists. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 11. NOES- PITTS - 1. No. 182 BY: MR. ZUCHLEWSKI 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: Ann M. Angelo TOTAL: 1 ADOPTED. No. 183 BY: MR. ZUCHLEWSKI Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Daniel F. Bailey Kimberly Kadziolka Karen Marlinski Suzanne Massara Brian T. O'Connell Cynthia A. Panzarella Mary Partridge Maureen Passmore Ann Pastwick Stephen Root Cindy Smith Sharon G Wright TOTAL: 12 ADOPTED. UNFINISHED BUSINESS No. 184 L. Eriel -Odors-Bakery Salvage (Item # 173, Nov. 27, 1990) (Item # 188, Dec. 11, 1990) Mr. Fahey moved to take Item No. 188 C.C.P., December 11, 1990, L. Friel - Odors-Bakery Salvage - from the table. Seconded by Mr. Amos. Adopted. Mr. Fahey now moved that the above item be received and filed Seconded by Mr. Amos. ADOPTED. No. 185 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $8,333,334 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE A PORTION OF THE COST OF THE PAYMENT OF SETTLED CLAIMS FOR REAL PROPERTY TAX REFUNDS, AT THE ESTIMATED MAXIMUM COST OF $8,333,334. (ACCOUNT 200-080-001) (NO. 216, C.C.P., MAY 22, 1990) Mr. Fahey moved to take Item No. 216, C.C.P., May 22, 1990, from the table. Seconded by Mr. Amos CARRIED. Mr. Fahey moved to receive and file the above item. Seconded by Mr. Amos. ADOPTED. No. 186 TRANSFER FUNDS - MISC. - $100,000 (COM. 131, C.C.P., JAN. 8, 1991) (COM. 156, C.C.P., JAN. 8, 1991) Mr. Fahey moved to take Item No. 156, C.C.P., Jan. 8, 1991, TRANSFER FUNDS - MISC. - $100,000, From the table. Seconded by Mr. Amos. ADOPTED. Mr. Fahey moved that the above item be received and filed. Seconded by Mr. Amos. ADOPTED. No. 187 TRANSFER FUNDS - FRINGES - $2,469,664 (COM. 138, C.C.P., JAN. 8, 1991) (COM. 162, C.C.P., JAN. 8, 1991) Mr. Fahey moved to take Item No. 162, C.C.P., Jan. 8, 1991, Transfer Funds - Fringes - $2,469,664 from the table. Seconded by Mr. Amos. ADOPTED. Mr. Fahey moved that the above Item be received and filed. Seconded by Mr. Amos. ADOPTED. No. 188 PROPOSAL - REDUCE SALARY - ELECTED OFFICERS (Com. 18, C.C.P., June 10, 1991) Mr. Fahey moved that Item No. 18, C.C.P., June 10, 1991, be taken from the table. Seconded by Mr. Bakos. LOST AYES- BAKOS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 6. NOES - AMOS, ARTHUR, BELL, COLLINS, FRANCZYK, PITTS- 6. THE ITEM REMAINS TABLED IN THE COUNCIL. No. 189 Adjournment On motion by Mr. Fahey, seconded by Mr. Amos, the Council adjourned at 2:45 P.M.. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.