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HomeMy WebLinkAbout92-0218 No. 4 Common Council Proceedings of the City of Buffalo Regular Meeting, February 18, 1992 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, Alfred T. Coppola, Eugene M. Fahey, Carl A. Perla, Jr. Members CLAIMS COMMITTEE: Brian Higgins, Chairman, Archie L. Amos, David Franczyk, Rosemarie LoTempio, Carl A. Perla, Jr., Members ECONOMIC DEVELOPMENT COMMITTEE : Clifford Bell, Chairman, Archie L Amos, Jr., David Collins, David A. Franczyk, Alfred Coppola, James W. Pitts, Members. FINANCE COMMITTEE : David Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Brian M. Higgins, Carl A. PerIa, Jr., 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., Brian M. Higgins, Rosemarie Lotempio, Carl A. Perla, Jr. SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV : Hon. Dale Zuchlewski, Chairman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Hon. James W. Pitts SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT : David A. Collins, Chairman DOWNTOWN STADIUM OPERATOR : Alfred T. Coppola, Chairman, David A. Franczyk, David A. Collins, Archie L. Amos, Jr. SPECIAL COMMITTEE ON RECODIFICATION: Rosemarie LoTempio, Chairman, Clifford Bell, 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 Tuesday, February 18, 1992 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 -Councilmember Perla - 1. On a motion by Mr. Fahey, seconded by Mr. Zuchlewski, the minutes of the stated meeting held February 18, 1992, were approved FROM THE MAYOR No. 1 Appointment Buffalo City Court Judge Pursuant to the powers vested in me under Section 2104 of the New York State Uniform City Court Act, please be advised I have appointed Margaret A. Murphy, residing at 156 Claremont Avenue, Buffalo, NY 14222 to the position of Buffalo City Court Judge, effective February 7, 1992 for a term expiring December 31, 1992, left vacant by former City Court Judge, and now State Supreme Court Justice Barbara Howe. Ms. Murphy has served in the City of Buffalo Department of Law as an Assistant Corporation Counsel from February 1988 until the present time. During this time, Ms. Murphy provided broad litigation service in state and federal courts, with emphasis on environmental, civil rights and personal injury law. She provided legal service for the Buffalo Common Council, the Buffalo Sewer Authority and the Buffalo Board of Education. From September 1986 until February 1988, Ms. Murphy was employed as an Associate in the firm of Phillips, Lytle, Hitchcock, Blaine & Huber in Buffalo. In addition, Ms. Murphy served as a Judicial Clerk in the Montgomery County Court of Common Claims, Dayton, Ohio, from March 1985 through July 1986; Research Assistant at the University of Dayton School of Law from August 1985 until January 1986 and as Teaching Assistant, also from the University of Dayton School of Law from August 1985 until May 1986. Ms. Murphy earned a baccalaureate degree in Economics from the State University of New York at Buffalo in September 1983 and a Doctor of Law degree from the University of Dayton School of Law in May 1986. She was admitted to the New York Bar on January 15, 1987 and admitted to practice before the U.S. District Court, Western District of New York on May 11, 1987. Based on this experience and education, I hereby certify Margaret A. Murphy is fully qualified to fill the position of Buffalo City Court Judge. RECEIVED AND FILED. No. 2 Appointment of Laurence K. Rubin as Corporation Counsel Pursuant to the powers vested in me under the provisions of Article 16, Section 301 of the Charter of the City of Buffalo, I have appointed, subject to confirmation by Your Honorable Body, Laurence K. Rubin, residing at 162 Norwood Avenue, Buffalo, New York, Corporation Counsel of the City of Buffalo effective February 6, 1992. Prior to his current Commissioner of the Department of Community Development position, Mr. Rubin served as General Counsel to the Buffalo Development Companies from August 1984 until 1988. From February 1978 until August 1984 Mr. Rubin was employed as an Assistant Erie County Attorney, specializing in Community Development, Equal Opportunity and Public Utility matters. Mr. Rubin received a Bachelor of Arts degree from New York State College at New Paltz in May 1974 and graduated from State University, of New York at Buffalo School of Law in May 1977. He was admitted to the New York State Bar in February 1978 and is admitted to practice in Federal District Court, Western District of New York. Mr. Rubin has served on a large number of agencies and boards, including Buffalo Urban Renewal Agency; Development Downtown, Inc.; Waterfront Owners' Association; Buffalo Neighborhood Revitalization Corp.; Pratt-Willert Community Center and the Broadway Market Management Corporation. Mr. Rubin is married to Debra L. Chernoff and has one son, Aaron. Based upon his education, experience and administrative ability, I hereby certify Mr. Rubin is fully qualified to serve as Corporation Counsel, Department of Law of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGlSLATlON. No. 3 Authorization to Submit Final Statement of Objectives and Projected Use of Funds for the 1992-93 City of Buffalo Community Development Block Grant Program We are hereby submitting for your review and approval the City of Buffalo's Eighteenth Year Community Development Block Grant Program. This submission spells out our plan for revenues and expenditures in the conduct of the 1992/93 Program. 1991 was another productive year for Buffalo's Community Revitalization Program. 513 owners received financial assistance amounting to $5,225,000 to rehabilitate their properties. 120 housing units were refurbished under the City's Rental Rehab Program and 134 single family homes were constructed at a cost exceeding $9 million. 1991 saw five manufacturing firms receive loans in the amount of $565,000 under our economic development program. This leveraged over $6 million in private investment and will create 167 jobs. 12 businesses received neighborhood commercial loans of $612,000 matched by $2.7 million in private investment to produce 65 new jobs. Through the careful utilization of our resources, including funding under the State and Federal affordable housing programs, we intend to maintain our momentum and achieve even greater success in meeting Buffalo's community development goals in the coming year. To that end, we have submitted another sound and balanced program for the expenditure of $17,512,000 in C.D.B.G. funds to create and save jobs and to revitalize and redevelop our residential neighborhoods. I am available to discuss all aspects of this proposal. I urge your prompt authorization of our Statement of Objectives and Projected Use of Funds in 1992/93 for submission to HUD REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT. No. 4 Local 71, Int. Union of Operating Engineers, Fact-Finding Report. July 1, 1989 through June 30, 1992 I am transmitting herewith a Fact-Finding Report by Samuel Cugalj, the Fact-Finder appointed by the Public Employment Relations Board (PERB) in the case of the impasse between the City of Buffalo and Local 71 of the International Union of Operating Engineers. Local 71 is a year further behind than any of the other City unions, not having settled for the 1989-90 contract year yet, and it is regarding impasse for that year that the Fact-Finder was appointed. The Fact-Finder recommends a three-year contract, with pay raises of 4% for 1989-90, 5% for 1990-91, and 6% for 1991-92. Other recommendations of the Fact-Finder are that the union be allowed to switch to GHI Spectrum 2000 dental insurance but that the City's contribution be capped at $18.50 per month; a six-month waiting period for medical, dental and life insurance for new employees (except for transfers from other City departments, agencies or authorities); the City's Proposal No. 10 regarding reimbursement for waiver of health insurance be adopted; that a Labor-Management Committee be formed to discuss replacing the current health insurance with a lower cost plan; that health insurance for retirees be continued; that transferees from other City departments and agencies carry over their longevity; and that there be a 20-day time limit for filing group grievances. I agree with all of the points of the Fact-Finder's Report except the recommendation of a 6% raise in the third year of the contract, which would be the current fiscal year, 1991-92. A raise in the current fiscal year would disrupt our entire labor relations policy, which has been to establish a pattern of 5-0-3 for Fiscal Years 1990-91, 1991-92, and 1992-93, respectively. At one point, we had reached agreement with Local 71's negotiating committee on a one-year contract with a 4% raise for 1989-90, but that agreement was voted down by the membership by a margin of three votes. The other City unions of similar size to Local 71, the Pipe Caulkers and the Building Inspectors received 4% for 1989-90. Because the Fact-Finder's recommendation of a 6% raise for 1991-92 is unacceptable, I reject the Fact Finder's Report, and urge your Honorable Body to impose a one-year settlement for 1989-90, consisting of a 4% raise and the other recommendations in the Fact-Finder's Report. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 5 Manufacturers Hanover Trust Rochester Community Savings Bank Request to place a projecting sign at 420 Main Street. The Advisory Subcommittee of the City Planning Board met on January 31, 1992, to consider the above request pursuant to Section 511-78 of the Buffalo Code, Review of Applications Requiring Exceptions. This meeting came about as a result of the City Planning Board's action and subsequent recommendation to Your Honorable Body at its meeting of January 28, 1992. At that ti:, the proposed sign was approved by the Planning Board on the condition that the Advisory Subcommittee should review the proposed sign. The applicant seeks to place an illuminated projecting sign with a face measurement of 2 feet 2 inches by 14 feet and two end components measuring 18 inches by 26 inches. The proposed sign will encroach 18 inches into the right-of-way. The sign is located in the DO zone which considers projecting signs on this portion of Main Street to be exceptions requiring the recommendation of the Advisory Subcommittee of the City Planning Board and the approval of Your Honorable Body (511-63 H, I, 4.) After review of the proposed sign, which included the review and concurrence of the Planning Committee of Buffalo Place Inc., the Advisory Subcommittee voted to approve the sign as presented by the applicant on the condition that the sign not be brighter than other signs in the immediate vicinity. RECEIVED AND FILED. No. 6 R. Maraldo - Request to place an awning which will encroach into the right-of-way at 946 Hertel. Item No. 34, C.C.P., February 4, 1992. The City Planning Board at its regular meeting held Tuesday, February 11, 1992, considered the above request pursuant to Section 413-56 of the Buffalo Code, Review of Awnings, Canopies and Marquees. The applicant seeks to erect an awning measuring 11 feet in length and 3 1/2 feet in height. The proposed awning will project 2 feet 2 inches into the right-of-way of Hertel Avenue. The proposed awning has a sign component which occupies 38 square feet of the surface area of the awning. The Department of Public Works has reviewed the proposed encroachment and has no objection to Your Honorable Body issuing a "mere license" for it. The site is located in a C2 zone which does not prohibit signs which project from buildings. The area of the sign component also conforms to the sign area standards found in the C2 zone. Under S.E.Q.R., the proposed awning is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed awning encroachment. RECEIVED AND FILED. No. 7 Request to place an awning which will encroach in the right-of-way at 1356 Kensington. Item No. 33, C.C.P., February 4, 1992. The City Planning Board at its regular meeting held Tuesday, February 11, 1992, considered the above request pursuant to Section 413-56 of the Buffalo Code, Regulations Concerning Awnings, Canopies, and Marquees. The applicant seeks to erect an awning measuring 26 feet long and 6 feet high. The awning structure will encroach 4 feet into the right-of-way of Kensington Avenue. The proposed awning has an accessory sign component with a total surface area of 75 square feet. The Department of Public Works has reviewed the encroachment and has recommended approval to Your Honorable Body. The site is located in the Kensington-Bailey (KB) Business District which, while prohibiting projecting signs (see 511-65, F, 2, b), allows awnings with "identification signs and area logos" (see 511-65, G, 6). Under S.E.Q.R., the proposed awning is considered a Type II action which does not require further environmental review. Given this, the Planning Board voted to approve the proposed awning encroachment. RECEIVED AND FILED. No. 8 Abandonment and sale of Piper Street to Tops Market C.C.P., Item No. 15, February 4, 1992. The City Planning Board at its regular meeting held Tuesday, February 11, 1992, considered the above matter pursuant to Section 317.1 of the City Charter, Review of Right-of-Way Abandonments. The request emanated from the Division of Real Estate which seeks to sell the right-of-way of Piper to Tops Market Inc. Your Honorable Body approved the abandonment of Piper Street on the condition that Tops Market Inc. grant the city a 10-foot easement along the south and east lines of Piper Street (see Item No. 166, C.C.P., April 16, 1991). The purpose of the easement was to provide access to Phase B of the Scajaquada Pathway Project. At the meeting of September 17, 1991 (Item No. 145), Your Honorable Body rescinded the above referenced easement on the condition that the Planning Division approve the rescission by certifying that the removal of the easement would not have an adverse effect on the pathway. On February 4, 1992, the Division of Real Estate requested that Your Honorable Body authorize the abandonment and sale of Piper Street (Item No. 15). In considering this matter, the Planning Board voted to reiterate its approval of the abandonment of Piper Street (see Item No. 15, C.C.P., April 2, 1991). Similarly, it was felt that the easement which was recommended at that time also be retained until the design for the Scajaquada Pathway is finalized and the most effective means to route pathway users over Grant Street is determined. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF PARKING No. 9 ALL CHANGE ORDERS FOR EAGLE PARKING RAMP ITEM # 6, C.C.P., 2/4/92 As I have previously outlined in Item No. 21, CCP Dec. 23, 1991, the following is a complete listing of all Change Orders on the Eagle Parking Ramp: TRADE CONTRACT ORIGINAL CONTRACT CHANGE ORDERS REVISED CONTRACT TC 101/Substructure Ciminelli $2,401,600.00 ($33,735,12) $2,367,864.88 TC 102/104/Superstructure Ciminelli $6,092,650.00 +($10,006.68) $6,102,716.68 TC 103/Pre-Cast Modern Mosaic $577,000.00 +($27,421.00) $ 604,421.00 TC 105/Parking Equp. Allright $121,082.00 $59,090.50 $ 180,172.50 TC 100/Elevators Dover $208,500.00 $ 3,125.69 $ 211,625.69 TC 107/Plumbing H & M Plumbing $40,496.00 $ 1,385.35 $41,881.35 TC 107A/Mechanical Danforth $10,400.00 $0 $10,400.00 TC108/Electrical Wittburn $ 358,000.00 $18,638.06 $ 376,638.06 Totals $9,809,728.00 $85,992.16 $9,895,720.16 REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 10 FREE USE OF MEMORIAL AUDITORIUM TO THE SKATING ASSOCIATION FOR THE BLIND AND HANDICAP ON MARCH 3, 1992 FOR DRESS REHEARSAL AND AGAIN ON MARCH 7, 1992 FOR THEIR ANNUAL ICE SHOW The Board of Stadium and Auditorium has once again received a request from the Skating Association for the Blind and Handicap for free use of Memorial Auditorium on March 3, 1992 for their dress rehearsal and again on March 7, 1992 for their annual ice show. The Skating Association for the Blind-and Handicap (SABAH) is a non-profit organization assisting handicapped persons through the instruction and development of ice skating skills to improve their coordination, motor skills and their overall health. With the assistance of this program, these handicapped persons have been able to experience ice skating that they otherwise may have been denied. The Skating Association for the Blind and Handicap have agreed to supply the necessary certificate of insurance, proper security and as mandated by New York State Law, have medical personnel on staff in the emergency room located in Memorial Auditorium. The Board of Stadium and Auditorium hereby recommends that your Honorable Body approve the free use of Memorial Auditorium on March 3, 1992 for dress rehearsal and again on March 7, 1992 to the Skating Association for the Blind and Handicap for the presentation of their annual ice show. Mr. Fahey moved: That the communication from the Stadium and Auditorium, dated February 12, 1992, be received and filed; and That the Chairman of Stadium and Auditorium be, and he hereby is, authorized to grant free use of the Memorial Auditorium to the Skating Association for the Blind and Handicap on March 3, 1992 and March 7, 1992 for their annual ice show. PASSED. AYES- 12 NOES - 0. FROM THE COMPTROLLER No. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CAPITAL PROJECTS FUND DIVISION OF BUDGET & MANAGEMENT DIVISION OF DEVELOPMENT We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $5,000 be transferred and reappropriated from various accounts in Capital Projects Fund - Division of Budget & Management, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: BUFFALO, NEW YORK, JANUARY 6, 1992 RECEIVED AND FILED. No. 12 FILING OF CITY FINANCIAL REPORT WITH NEW YORK STATE COMPTROLLER Item No. 16 C.C.P. 01/21/92 This is to advise that the subject report has been filed with the New York State Comptroller's Office this date, January 31, 1992. RECEIVED AND FILED. No. 13 Interfund 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 $330,000 for Reconstruction of Fire Headquarters. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen. 200 Capital Proj. 200-402-065 BAN/Bond Sale $330,000 Mr. Fahey moved: That the communication from the Comptroller dated February 3, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $330,000.00 for the Reconstruction of Fire Headquarters. PASSED. AYES - 12 NOES - 0. No. 14 Request for Interfund Cash Loans 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 two requests 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 $135,000 for Acquisition & Rehabilitation of 1170 Broadway into Information Center and $16,100 for the Squaw Island Remediation Project. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen. 200 Capital Proj. 200-717-068 BAN/ Bond Sale $135,000 100 Gen. 200 Capital Proj. 200-717-089 BAN/ Bond Sale $16,100 Mr. Fahey moved: That the communication from the Comptroller dated February 11, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $135,000.00 for the Acquisition and Rehabilitation of 1170 Broadway into an Information Center and $16,100.00 for the Squaw Island Remediation Project. PASSED. AYES - 12 NOES - 0. No. 15 Results of Negotiations 993 Ellicott, E 39.33' N of Edna Vacant Land: 38.86' by 62' N Assessed Valuation: $1,200 Item # 19, C.C.P., 10/1/91 In the above captioned item your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mrs. Josephine Shaw of 997 Ellicott Street, Buffalo, New York. Mrs. Shaw intends to purchase this property in order to expand her yard and parking for personal vehicles. An independent appraisal of the property was conducted by Jerome E. Goldstein Appraiser, 1060 Ellicott Square Building, Buffalo ,New York 14203. He has estimated the fair market value of the subject property to be Twelve Hundred Dollars ($1,200), or Forty-seven Cents ($.47) a square foot. The Division of Real Estate has investigated the sales of similar properties in the subject area. The sale prices range from Nineteen Cents ($.19) a square foot to A Dollar Five ($1.05) a square foot. The results of our negotiations are that Mrs. Josephine Shaw has agreed and is prepared to pay One Thousand Dollars ($1,000) for the subject property. She has also agreed to pay for the costs of the appraisal, transfer tax and cost of the legal description. Mrs. Shaw's offer represents about Thirty-nine Cents ($.39) a square foot. This property lacks sufficient depth to accommodate any type of new construction, limiting its use. Therefore, I am recommending that your Honorable Body approve the offer of Mrs. Josephine Shaw, 997 Ellicott Street, Buffalo, New York in the amount of One Thousand Dollars ($1,000). I am further recommending that your Honorable Body authorize the Mayor to execute a deed for the transfer of the property. Mr. Fahey moved: That the above communication from the Comptroller, dated January 29, 1992, be received and filed; and That the offer of Josephine Shaw, residing at 997 Ellicott Street, Buffalo, New York, in the sum of One Thousand ($1000.00) Dollars to purchase: 993 Ellicott 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. 16 Results of Negotiations 21 Kingsley, S 165' E Jefferson Vacant Lot: 28' x 117' Assessed Valuation: $490 Item # 20, C.C.P. 4/16/91 Your Honorable Body authorized the Office of the comptroller, Division of Real Estate, to negotiate a private sale with St. John's Lodge # 16, 1213 Jefferson Avenue, Buffalo, New York 14208. The Lodge intends to improve this Parcel for parking purposes to alleviate parking congestion during Lodge meeting hours. An independent appraisal of the property was conducted by Cleon O. Service, Newton Realty Company, 2152 Main Street, Buffalo, New York 14214. He has estimated the market value of the subject property to be Nine Hundred Dollars ($900). The Division of Real Estate has investigated the sales of similar properties in the area. The sales indicate average values in the amount of Thirty-Nine Cents (.39) to Fifty Cents (.50) a square foot. This would indicate a value for the subject property to be between Thirteen Hundred ($1,300) and Sixteen Hundred ($1,600) Dollars. The Lodge's offer of Seven Hundred Dollars ($700) represents about 25% less than the appraiser's value and about 45% less than the Division of Real Estate's estimate of value. Therefore, I am recommending that Your Honorable Body Receive and File the offer of Seven Hundred Dollars ($700) from the St. John's Lodge #16 since, the offer does not represent a fair market value for the property. REFERRED TO THE COMMlTTEE ON FINANCE. No. 17 Nicholas Costantino offer to purchase Vernon Triangle Park Item # 86, C.C.P. 1/21/92 The above item is referred to the Committee on Legislation, Comptroller and Corporation Counsel's Office for a response. The above item is an offer from Mr. Nicholas Costantino to purchase City property commonly known as Vernon Triangle Park for One Dollar ($1). The above property' is located at the North West corner of Main and Vernon Place. In the late 1970's improvements were made at the North West corner in order to improve traffic exiting from Vernon Place onto Main Street creating an excess parcel of land located in the' street right-of-way. It is my understanding that Community Development block grant funds were used to develop the excess land into a park area. Although this is called Vernon Triangle Park records do not indicate that this land was designated as a park. Since this parcel involves a former street and City right-of-way Mr. Costantino's request should be reviewed by Public Works and the City Planning Board for their recommendations. The Common Council may vote to abandon and then sell the property through appraisal or at public auction, per Article 27 of the City Charter. The Common Council may also grant a mere license to Mr. Costantino to use the property. The proper insurances should be required if a license is granted. Should the Common Council approve the abandonment and sale the Office of the Comptroller, through the Division of Real Estate will employ its usual procedures and report the results back to the Common Council for final approval. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 18 Grant-In-Aid Funds Item No. 173, C.C.P. 2/4/92 In response to your concerns about Resolution # 173 CCP February 4, 1992, our policy is as follows: 1. The contract "boilerplate" language for all grant-in-aid recipients requires that each grantee submit a report of expenditures to our office for the previous fiscal year by July 31. If the report is not received by then, or if the report indicates that all monies have not been spent, we will not make the final payment of the current fiscal year grant until the matter is resolved. The contract states that any unspent monies must be returned to the City unless the Common Council agrees to allow the grantee to keep the money and spend it according to the budget during the following fiscal year. 2. Our office instituted the policy regarding holding up current fiscal year payments in the Summer of 1991 in an attempt to tighten internal controls with respect to these grants. RECEIVED AND FILED. No. 19 Comprehensive Annual Financial Report For Fiscal Year Ended June 30, 1991 Submitted herewith is the Comprehensive Annual Financial Report of the City of Buffalo for the fiscal year ended June 30, 1991. Included therein is the Audit Report of Ernst and Young, Certified Public Accountants. Pursuant to Section 35 of the General Municipal Law, the Common Council may, at its discretion, prepare a written response to this report and file such response with the City Clerk as a public record not later than May 4, 1992. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 1992 Legislative Package Attached is a copy of the 1992 Legislative Package as prepared by this office. It is my contention that these proposals will enhance the financial operations of the City by providing additional management tools and greater flexibility of available resources. This package has been forwarded to all members of the Western New York delegation to the New York State Legislature as well as several key leaders in State government and administration. REFERRED TO THE COMMITTEE ON LEGISLATlON. No. 21 Vehicle Assignments As requested per Common Council Resolution No. 235 dated February 4, 1992, the Department of Audit and Control has two vehicles assigned on a 24-hour basis. The Comptroller has a leased 1987 Oldsmobile 4DSD, EGZ-505, 1G3H45435HW34315, and Wendell Whitaker has a 1989 Chevy Van, A65237, 2GCEG25H5K4117932. The department has another vehicle which is not assigned to any official or employee on a 24-hour basis. The vehicle is a 1984 Chevy Van, B-60431, 1GCEG25H3E4175719. REFERRED TO THE COMMlTTEE ON LEGlSLATION. No. 22 Overtime Report The attached report is an update of overtime expenditures by Department and year end projections based on current spending practices. The end of January represents approximately 58% completion of the current fiscal year. Therefore, if a department has used less than 58% of their overtime budget, they are operating within their means. By contrast, if a department has exceeded 58% of their overtime budget, that department should review its operations in order not to exceed their appropriation. This report shows that although most departments are in line with their overtime appropriations, certain City departments are depleting their overtime budgets at an accelerated rate. For example, the Police Department has already expended 99.9% of its overtime budget and, at current spending levels, it is projected to expend 171.2% of its overtime budget. The Department of Streets has expended 78.2% of its overtime budget and is projected to exceed that, budget by 134%. Most notably, the Fire Department has already expended 190.3% of its overtime budget and is projected to exceed their appropriation by 326.2%. As a whole, the City of Buffalo has already over spent its entire year's appropriation 100.6%. In addition, if current spending levels for employee overtime continue it is projected that overtime expenditures will exceed appropriations by 172.4% which translates to more than $2.2 million. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Report on the Number of City of Buffalo Employees Living Outside the City Item # 165, C.C.P. 2/4/92 As per Item # 165, C.C.P. 2/4/92, attached is a department list of City of Buffalo employees who currently live outside the City. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 24 Payroll Audit of Street Sanitation Department In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Street Sanitation Payroll Audit Report. We found serious breakdowns and weaknesses in the recording and reporting of payroll for employees in the Department of Street Sanitation which generally involved: - No record of an arrival and departure time for regular and overtime hours - Missing time sheets - Employees signing in for other employees - Co-mingling of regular and overtime hours - No supervisory approval for regular and overtime hours - Employees being improperly paid - Incorrect pay codes on time sheets for regular and overtime hours The Department should undertake a study to determine if any cost benefit would result from having only one day shift with more Sanitation trucks utilized on it. REFERRED TO THE STREETS DEPARTMENT OVERSIGHT TASK FORCE. No. 25 Report of Audit Pilot Field Lease In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Pilot Field lease audit report for the period July 1, 1988 to March 31, 1991. Our report has verified that lease revenues for the above period totaled $3,653,500.89. Please note that Common Council Proceeding No. 169, dated December 23, 1991 and titled "Request Information Pilot Field Tent Party Receipts" is addressed in our comment no. 4 of this report. REFERRED TO THE COMMITTEE ON FINANCE. No. 26 CERTIFICATE OF APPOINTMENT Appointment to become effective January 7, 1992 in the Department of Audit and Control, Division of Data Processing James Seguin 91 Larchmont Rd., Buffalo 14216 to the position of Systems Support Analyst, Provisional at the starting salary of $341389. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL No. 27 Appointments to Special Committees and Task Forces Pursuant to Section 26 of the Charter of the City of Buffalo, I hereby make the following appointments to Special Committees and Task Forces: SPECIAL COMMITTEES: Special Committee on C.A.T.V. Pitts, Arthur, Higgins, LoTempio, Zuchlewski. TASK FORCES: Auditorium and Stadium Task Force Pitts, Coppola, Fahey, Zuchlewski, Henry Nowak, Anthony Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George Gould, George Wessel, William Greeley, Women for Downtown/Designee, Donald Quinlan, Rev. Bennett Smith. Education Funding Formula Review Task Force Higgins, Amos, Zuchlewski, Judith Fisher, Mozella Richardson, Dr. Oscar Smuckler. Police Reorganization Task Force Fahey, Arthur, Bell, LoTempio, Michael Trimboli, Ralph Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard Planavsky, George J. Panepinto, Martha Dippel, James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. Streets Department Oversight Task Force Higgins, Coppola, Zuchlewski, Bart Sumbrum/Designee, John Scardino (This Task Force will expire on April 30, 1992) This is also to inform you that the following named Special Committees or Task Forces will not be reappointed as their work has been completed: Special Committee- Buffalo Urban Renewal Agency Special Committee- Community Development Special Committee- Downtown Stadium Operator Special Committee- Negotiate Erie Basin Marina Lease Special Committee- Recodification Special Committee- Taylor Law Impasse Special Committee- Waterfront Arts and Cultural Funding Advisory Task Force Child Care Task Force Downtown Parking Task Force Fee Increase Task Force Great Northern Grain Elevator Task Force Hispanic Task Force Juvenile Delinquency Task Force Landlord Tenant Relations and Housing Condition Task Force Noise Ordinance Task Force Parks Department Oversight Task Force War Memorial Stadium Oversight Task Force REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ASSESSMENT No. 28 Request to Lease/Purchase Computer Hardware and Software This correspondence is written to inform Your Honorable Body about an important budget request for computer hardware and software. This request will be addressed in the Department of Assessment's 1992-93 budget proposal. However, I believe it would be helpful if we could start discussions concerning this request as soon as possible. Beginning in the year 1993, the State of New York's Division of Equalization and Assessment will be requiring all assessing jurisdictions to file the "Assessors Annual Report" and the "Real Property Sales Report" in a new computerized format. This new computerized format for filing Buffalo's assessment reports with the State will be different from the format that is currently being used by the City. The State's Division of Equalization and Assessment is changing its computerized Real Property Information System statewide to a newer and expanded system called the Real Property System. In the past the City's mainframe computer was able to mimic the State's older Real Property Information System. The State accepted the City's "Assessor's Annual Report" and "Real Property Sales Report" in this mimicked computerized format. However, it will no longer be practical nor cost beneficial for the City's Data Processing Division to mimic the State's new Real Property System on its mainframe computer beginning in the year 1993. I have asked Mr. Zebracki of the City Data Processing Division if it was possible for his Division to put up the State's Real Property System on the City's mainframe computer. In meetings held with myself, Mr. Zebracki, and Division of Equalization and Assessment representatives, it was determined that the State's Real Property System could not practically be installed on the City's mainframe computer. The conclusion was that the best and most cost beneficial alternative is for the Department of Assessment to purchase an I.B.M. AS400, Model 35. The I.B.M. AS400, Model 35 is designed and has the capacity to use the State's Real Property System. Throughout the State, other assessing jurisdictions are confronted with the same dilemma of converting to the State's new Real Property System. Locally, the counties of Chautauqua, Cattaraugus, and Alleghany and the City of Niagara Falls resolved this dilemma by purchasing the I.B.M. Computer AS400. In addition, Hamburg and the County of Niagara are considering the purchase of the I.B.M. Computer AS400. All the local assessing jurisdictions in Erie County are faced with either upgrading their present computer systems or purchasing new equipment in order to operate in the State's new Real Property System. Such towns as Amherst, Tonawanda, Clarence, Orchard Park, Cheektowaga, and Wales are currently reviewing their computer options under the State's new Real Property System. After consultations with representatives of the City's Data Processing Division, the State Division of Equalization and Assessment, and I.B.M., the Department of Assessment has concluded that in order to assess real property in a modern computerized environment, it will be necessary to purchase the I.B.M. Computer AS400, Model D35. This I.B.M. Computer is capable of storing and running the City's Assessment Data Management File which is now stored on the County of Erie's mainframe computer. In addition, it is also capable of storing and running the State's new Real Property Systems as well as many in-house assessment analysis programs. Because this computer is user friendly, many of this department's assessment analysis, reports and programs can be performed by departmental employees. As a result, Assessor's requests for assessment analysis and reports from the Division of Data Processing can be significantly reduced. However, the mainframe computer must still be used to maintain the present computerized tax receivables accounts and to operate the assessment system for other departments. Data Processing will continue to print tax bills and process daily cash accounting on the present mainframe. The cost of the I.B.M. Computer AS400, Model D35 with its necessary accompanying costs for hardware, software and installation amounts to two hundred fifty-five thousand six hundred dollars ($255,600.00). The amount of two hundred fifty-five thousand six hundred dollars ($255,600.00) can be financed through I.B.M. over five years at an annual cost of fifty-one thousand one hundred twenty dollars ($51,120.00). If the City of Buffalo completes its 1993-94 assessment update according to New York State's guidelines and implements the State's Real Property System, the City can apply for State Maintenance Aid of two dollars ($2.00) per parcel for each year that the City complies with the State's guidelines for Assessment Administration. This could amount to approximately one hundred ninety-four thousand dollars ($194,000) for each year of State compliance. Because of the State's Maintenance Aid program which was established to improve Assessment Administration, it is possible for the City to begin to offset the cost of the I.B.M. computer sometime in the year 1995. I have enclosed, for your review, a letter from the Division of Equalization and Assessment which addresses the issue of New York State Maintenance Aid for the City of Buffalo. If the Department of Assessment does not have the I.B.M. Computer in place by the year 1993 to administer its Assessment function, the strong possibility exists that equalization rates, special franchise assessments and railroad ceiling assessments prepared for the City by the State will not be developed in a timely fashion. The result for the City could be delayed budgets and tax bills. Therefore, I strongly recommend that the City make every effort possible to grant this budget request and purchase the I.B.M. Computer A5400, Model D35. I am respectfully requesting a hearing before Your Honorable Body to discuss this matter in greater detail. Representatives from the City's Data Processing Division, the State Division of Equalization and Assessment, and I.B.M. will be available to answer any questions you may have concerning this matter. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 29 Monthly Report Licenses Issued January 1992 I am respectfully submitting the enclosed report of licenses issued in the month of January 1991 by the Division of License. RECEIVED AND FILED. No. 30 Extension of Time on Contract Reconstruction of Precinct # 4 485 Michigan Avenue In accordance with the terms of the contract between the City of Buffalo and Goodwin Electric Corp. the work should have been completed by November 13, 1992. Due to a change in contract on this project this contractor could not complete the work of project on time. This is the first extension of time on this project. I have granted an extension of time to January 3, 1992 to Goodwin Electric, Inc. to complete the work of their contract. RECEIVED AND FILED. No. 31 Extend Time Contract Reconstruction of Various Rooms Masten CAO Center 735 Humboldt Parkway Buffalo, NY In accordance with the terms of the contract between the City of Buffalo and Baker Development C-91635800, the work should have been completed by December 11, 1991. Due to a change in contract on this project this contractor could not complete his work on time. This is the first extension of time on this project. I have granted an extension of time to February 28, 1992 to Baker Development to complete the work of their contract. RECEIVED AND FILED. No. 32 General Construction Work University Heights Community Center Buffalo, New York In accordance with the terms of the contract between the City of Buffalo and Concept Construction Co., C-91592600, the work should have been completed by November 23, 1991. Due to a delay from adjacent property owner in executing easement license agreement and subsequent winter weather this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to May l, 1992 to Concept Construction to complete the work of their contract. RECEIVED AND FILED. No. 33 Emergency work to rectify power supply problem for elevator at PRCC Community Center 254 Virginia Street On February 3, 1992 S & S Repair Shop, Inc. was called upon to perform electrical work to rectify a power supply problem for the elevator system at the Puerto Rican Community Center. This work will be performed on a time and material basis at a cost not to exceed $1,200.00. Funds are available for this project in the Division of Buildings. RECEIVED AND FILED. No. 34 Report of Bids Air Conditioning Units (Materials Only) Delaware Park Casino I advertised for on January 30, 1992 and received the following sealed proposals which were publicly opened and read on February 11, 1992. BH Refrigeration $16,789.00 Quackenbush Co. $20,960.00 Colgate Heating Corp. $28,825.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that BH Refrigeration in the amount of $16,789.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-092 - Division of Buildings. Estimate for this work was $20,000.00. Mr. Fahey moved: That the communication from the Commissioner of Public Works, dated February 11, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Air Conditioning Units (Materials Only) Delaware Park Casino, to BH Refrigeration, the lowest responsible bidder in the amount of $16,789.00, with said cost to be charged against the B/F 200-402-092 - Division of Buildings. PASSED. AYES - 12 NOES - 0. No. 35 Report of Bids HVAC Air Distribution System (Materials Only) Delaware Park Casino I advertised on January 30, 1992 and received the following sealed proposals which were publicly opened and read on February 11, 1992. Engelhaupt Co. ,Inc. 22,923.00 Buffalo Sheet Metals 24,525.00 Niagara Frontier Sheetmetal, Inc. 24,970.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Engelhaupt Co. ,Inc. in the amount of $22,923.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-092 - Division of Buildings. Estimate for this work was $25,000.00. Mr. Fahey moved: That the communication from the Commissioner of Public Works, dated February 11, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for HVAC Air Distribution System (Materials Only) Delaware Park Casino, to Engelhaupt Co., Inc., the lowest responsible bidder in the amount of $22,923.00, with said cost to be charged against the B/F 200-402-092 -Division of Buildings. PASSED. AYES - 12 NOES - 0. No. 36 Report of Bids Contract No. 17 Water Filtration Plant, Zebra Mussel Control As authorized by your Honorable Body in Item No. 41 of Common Council Proceeding of May 28, 1991, plans and specifications were prepared and sealed proposals accepted for Contract No. 17, Water Filtration Plant, Zebra Mussel Control. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on February 6, 1992: Contract No. 17G - General Construction for the Base Bid and Alternates B, C, D and E (Alternate A excluded): D.A. Elia Construction Corporation 176 Vulcan Street Buffalo, New York 14207 $ 1,225,125.00 John W. Danforth Company 1940 Fillmore Avenue Buffalo, New York 14214 $ 1,341,300.00 Nichter Utility Construction Company, Inc. 344 Vulcan Street Buffalo, New York 14207 $ 1,357,950.00 Herbert F. Darling, Inc. 131 California Drive Williamsville, New York 14221 $ 1,801,631.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that D.A. Elia Construction Corporation, 176 Vulcan Street, Buffalo, New York is the lowest responsible bidder for Contract No. 17-G, General Construction for the Base Bid and Alternates B, C, D and E (Alternate A excluded) for the Water Filtration Plant, Zebra Mussel Control, with their quotation of $1,225,125.00. Contract No. 17E - Electrical Construction, Water Filtration Plant, Zebra Mussel Control: CIR Electrical Construction Corp. 1067 Harlem Road Buffalo, New York 14227 $70,130.00 T.H. Green Electric Company, Inc. 235 Metro Park Rochester, New York 14623 $77,713.00 Weydman Electric, Inc. 747 Young Street Tonawanda, New York 14150 $77,716.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that CIR Electrical Construction Corporation, 1067 Harlem Road, Buffalo, New York is the lowest responsible bidder for Contract No. 17E, Electrical Construction for the Water Filtration Plant, Zebra Mussel Control, with their quotation of $70,130.00. Contract No. 17H - Heating, Ventilating and Air Conditioning (HVAC), Water Filtration Plant, Zebra Mussel Control: Quackenbush Company, Inc. 505 Franklin Street Buffalo, New York 14202 $51,387.00 Mollenberg-Betz, Inc. 300 Scott Street Buffalo, New York 14203 $54,300.00 John W. Danforth Company 1940 Fillmore Avenue Buffalo, New York 14214 $58,407.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Quackenbush Company, Inc., 505 Franklin Street, Buffalo, New York is the lowest responsible bidder for Contract No. 17H, Heating, Ventilating and Air Conditioning (HVAC), Water Filtration Plant, Zebra Mussel Control, with their quotation of $51,387.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with D.A. Elia Construction Corporation for Contract 17G - General Construction for the Base Bid and Alternates B, C, D and E (Alternate A) in the amount of $1,225,125.00, CIR Electrical Construction Corporation for Contract No. 17E - Electrical in the amount of $70,130.00 and Quackenbush Company, Inc. for Contract No. 17H -Heating, Ventilating and Air Conditioning in the amount of $51,387.00 and that same be charged to the Division of Water's Capital Projects Fund. Bonds for this project will be sold in the February, 1992 bond sale. The Engineer's estimate for this work was $1,500,000.00. REFERRED TO THE COMMlTTEE ON FlNANCE. No. 37 Change in Contract Old First Ward Community Center Republic & Tennessee Streets I herewith submit to Your Honorable Body the following change in contract for the New Building, Old First Ward Community Center, Republic & Tennessee Sts., Buffalo, New York, Burgio & Campofelice, Inc. C-91610400: 1. Additional drilling for cassions. ADD $21,260.00 This change was caused by excessive demolition debris buried in site. The foregoing change results in a net increase in the contract of Thirty-nine Thousand and Seven and 00/100 Dollars ($22,227.00). Summary Original Amount of Contract $1,567,037.00 Change Order No. 1 CCP 53 12-23-91 ADD 834.59 Change Order No. 2 ADD 2,734.62 Amount of this change (No. 3) ADD 21,260.00 Revised Amount of Contract $1,591,866.21 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 Department of Public Works, dated February 12, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a Change Order No. 3 to Burgio & Campofelice, Inc. C-91610400 in the amount of $21,260.00 for additional work relating to the Old First Ward Community Center, with said cost to be charged against the Division of Buildings B/F 200-402-024. PASSED. AYES - 12 NOES - 0. No. 38 Reduction in Retention-Gr. # 302B Bailey Avenue Reconstruction Destro Brothers Construction Company Contract # 91586000 Item # 34, C.C.P. 7/31/90 I hereby submit to your Honorable Body the following request for a reduction in retention for the subject contract. The contractor has essentially completed the project with less than 1% of the contract remaining to be completed in the Spring of 1992. The value of the work' remaining is $10,000. Therefore, I am respectfully requesting your Honorable Body's authorization to reduce the present 10% retention of the completed contract work of approximately $126,500 to $20,000 or two times the value of the uncompleted work. It is respectfully requested and I recommend that your Honorable Body authorize a reduction in retention from Destro Brothers Construction Company. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 7, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to grant a request for a reduction in retention for Bailey Avenue Reconstruction Group #302B to Destro Brothers Construction Company Contract #9158600 from $126,500.00 to $20,000.00. PASSED. AYES- 12 NOES - 0. No. 39 Renewal of Contract IWS - Waste Disposal Contract The following information is being forwarded to Your Honorable Body as requested during the Finance Committee Meeting of February 11, 1992. The Sol id Waste Contract was bid on May 13, 1988 and included the following bids: INTEGRATED WASTE SYSTEMS, INC. 150,000 tons of garbage @ $7.40/ton = $1,110,000 30,000 tons of trash @ $24.30/ton = - 729,000 fixed fee of $125,000/month x 12 months = 1,500,000 $ 3,339,000 DOWNING 150,000 tons of garbage @ $10.08/ton = $1,512,000 30,000 tons of trash @ $46.56/ton = 1,396,800 fixed fee of $46,303.25/month x 12 months = 555,639 $3, 464, 439 BFI 150,000 tons of garbage @ $5.86/ton= $ 879,000 30,000 tons of trash @ $55.86/ton =- 1,675,800 fixed fee of $151,800/month x 12 months = 1,821,600 $4,376,400 The garbage price is for transfer and haul of putrescible solid waste from the East side Transfer Station to Occidental Chemical's Waste to Energy Facility in Niagara Falls. The trash price is for the transfer, haul and disposal of the non-putrescible solid waste from the East side Transfer Station to a landfill. The fixed fee is to cover the bidder's expenses associated with capital costs (Vehicles,, construction etc.). The garbage and trash prices are subject to CPI escalation and environmental cost increases due to governmental regulations. The fixed fee is not subject to CPI increases. The per ton prices for each fiscal year and their respective tonnages are listed below: Garbage Trash 1988/89 $7.40/152,762 $24/30/34,789 1989/90 7.80/160,172 25.60/35,548 1990/91 8.14/150,110 30.73/21,245 1991/92 8. 54/142,000* 32.25/22,000* *estimates based upon mid-year totals It is our desire to have the' $1,500,000 fixed fee divided by the tonnages to establish a new per ton price. By doing this,, we will be saving more dollars per ton as we recycle more material. Integrated is willing to do this and is using the past calendar year (1991) as the base tonnage (152,704 tons garbage plus 22,666 tons trash) to divide into the $1.5 million. This would add $8.55 to each per ton price. The contract with Integrated also contains two (2) revenue generators for the City. The first revenue is created from the sale of scrap that is separated out of the trash loads. Metals and white goods (washers, dryers, stoves, refrigerators, etc.) are sold by Integrated and we split '50/50 with the City receiving the 'first $500,000. The revenue generated from this portion of the contract has been: 1988/89 $ 45,488.98 (1316.21 tons) 1989/90 $ 26,556.99 ( 654.13 tons) 1990/91 $ 16,754.93 ( 399.29 tons) 1991/92 $ 5,405.54 ( 142.22 tons) thru 11/30/91 only This revenue is decreasing due to the amount of trash being recycled by Parker Bay Consultants, Inc. at the Squaw Island Facility. The second source of revenue is derived from the City receiving a fee for each load of refuse taken in at the East Side Transfer Station that is not from the City of Buffalo. This "outside" load fee was originally $10.00/vehicle. We negotiated an increase in this fee last year to $25.00/vehicle with more than a single axle and $10.00 for single axle vehicle. The revenue generated from this portion of the contract has been: 1988/89 $ 0 1989/90 $ 2,140 1990/91 $68,635 1991/92 $78,850 thru 12/31/91 If your Honorable Body desires any further information please advise. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Solicitation of Funds application Excalibur Leisure Skills Center, Inc. Attached is an application for Solicitation of Funds for Excalibur Leisure Skills Center, Inc. to solicit funds in the Convention Center for the 1992 Great Lakes Fishing & Outdoor Exposition to be held March 25 to March 29, 1992. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Recycling Analysis As requested during the Legislation Committee Meeting of January 28, 1992 I have outlined below the quantities of recyclables collected in 1991, the revenue received by the City from the SO/SO split on the sale of these recyclables, and the estimated savings resulting from the difference between recycling tipping fees and the haul/disposal rate for Solid Waste Disposal. 17,324,930 pounds of newspaper and corrugated 1,523,490 pounds of glass, cans and plastic containers 8,577,060 pounds of trash recycled at Squaw Island 4,301,160 pounds of yard waste composted 620,800 pounds of Christmas trees composted 10,533,780 pounds of street cut material stockpiled for site remediation of Squaw Island 1,163,500 pounds of tires recycled 572,400 pounds of metal recycled at the East Side Station (thru 11/30/91) 80,000 pounds of waste oil recycled 4,000 pounds of batteries recycled 3,895 pounds of oil based paint recycled 14,980 pounds of telephone books From the 50% portion of the sale of the newspaper, corrugated, glass, cans and plastic containers, we have received $70,619.14 for materials sold in 1991. From the sale of scrap metal recovered at the East Side Transfer Station we have received $11,225.72 for metals sold through 11/31/91. In addition to revenues received from the sale of recyclables, the City benefits from a cost avoidance since this material was not landfilled or incinerated as solid waste. We estimate that the cost avoidance for 1991 was $256,332.15. We are pleased to announce that magazines and catalogs can be added to the curbside recycling program beginning on February 10, 1992. Residents are asked to remove the front and back covers of these items and place the remaining magazine/ catalog in with their newspapers (tied or placed into brown paper bag) and put into the blue box on top or alongside their cans, glass and plastic containers. I am also enclosing a copy of the completed draft Comprehensive Recycling Analysis as prepared by this department and submitted to the New York State Department of Environmental Conservation for their review/comments and approval. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 42 Bailey Avenue Reconstruction - Seneca Street to Elk Street - Damage to Private Sewer Item No. 150, C.C.P. 11/1/88 When installing a traffic pole foundation (12' deep) on the above mentioned project, we damaged the private sewer located in the rear of the property at 30 Keppel Street. The damage was not discovered until approximately six months after the foundation was installed. The cost to repair this damage will not exceed $5,000. Funds for this work are available in Division of Engineering Fund 200-401-538. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 3, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to repair a private sewer at 30 Keppel Street, damaged by the Department of Public Works during installation of a traffic pole foundation, at a cost not to exceed $5,000.00, the funds for which are available in Division of Engineering Fund 200-401-538. PASSED. AYES- 12 NOES - 0. No. 43 Public Coin Phone Agreements and Locations of Pay Phones on City Property Please be advised that the City of Buffalo, pursuant to a historic franchise agreement with New York Telephone, receives commissions for all permitted public coin phones pursuant to the attached "New York Telephone Agent Commission Plan". Please also be advised that Mr. George Bein of Western New York Communications, Inc. has sought "Right of Way" permission to place coin phones at the corner of Box and Kehr, Traymore and Hertel and Perry Street. We are currently negotiating with Mr. Bein to sign the attached agreement from Western New York Communications. A list of all current and licensed coin phones is also attached for your perusal. Lastly, our License Inspector's have identified numerous violations from various public coin phone vendors. If a survey by our Engineering Divisions determines actual encroachment upon City of Buffalo Right of Way, we will collect appropriate phone booth permit fees. REFERRED TO THE COMMITTEE ON FINANCE. No. 44 CERTIFICATE OF APPOINTMENT Appointment to become effective February 11, 1992 in the Department of Public Works, Division of Engineering, Robert Fuchs 117 Sheffield Ave. Buffalo, NY 14220 to the position of Superintendent of Traffic Signs & Pavement Markings, Provisional, at the starting salary of $29,963. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 45 CERTIFICATE OF APPOINTMENT Appointment to become effective February 7, 1992 in the Department of Public Works, Division of Buildings, Paul J. Rebholz 496 McKinley Pkwy. Buffalo 14220 to the position of Principal Chief Stationary Engineer, Permanent at the starting salary of $33,018. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 46 VEHICLE ASSIGNMENTS Resolution # 184, C.C.P. 2/4/92 The only vehicle used on a 24 hours basis is assigned to the Commissioner of Parks. The license number is A11901. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF POLICE No. 47 Checks received Item No. 104, C.C.P. 2/2/88 Per C.C.P. # 104 of February 2,1988, attached hereto please find copies the following listed checks: 8155-00089908 $2750.60 8155-00090032 $1500.00 8155-00089906 $2567.00 TOTAL $6817.60 These checks were received by this Department and duly deposited in Trust & Agency Account # 630-065-271-00-000. RECEIVED AND FILED. No. 48 Vehicle Assignments Resolution # 184, C.C.P. February 4, 1992 The following is the information that you requested regarding members of our Department who are assigned vehicles on a 24-hour basis: NAME ASSIGNMENT LICENSE# Ralph V. Degenhart Commissioner 3BB-663 Richard T. Donovan Deputy Police Commissioner EVE-800 Joseph J. Scinta Deputy Police Commissioner ETW-674 Frank L. Piracci Deputy Police Commissioner ETD-844 Angelo P. Alessandra Chief of Detectives B3X-697 John Brill Inspector - Internal Affairs 9EB-960 Insp. Kevin Connors Admin. & Communications ESD-173 Anthony Labedz District Inspector ESD-173 Michael Mattioli District Inspector ESD-170 Daniel Redmond District Inspector ESD-167 David Caruso District Inspector B5Y-281 William Mullen, Capt Pct. # 7/TTFB B3X-664 Michael McCarthy, Lt. S.W.A.T. 4BB-199 Anthony Gawron, Capt Traffic ETD-400 Frank Lustan, Capt Detective Division EVE-266 Daniel Tauriello Hostage Negotiator B2X-473 Philip Ramunno, Capt Narcotics B5Y-278 Joseph Riga, Lt. Narcotics Confidential Martin Jurewicz, Lt. Narcotics Confidential Ron Jakubczyk, Det Narcotics - Dog 4BB-391 Charles Fieramusca, Capt Homicide Chief EVE-802 James Rautenstrauch, Lt. Homicide ESL-772 John J. O'Keefe, Capt Burglary Task Force 2BB-210 Jacob Ulewski, Lt. S.W.A.T./Burglary Task Force ETP-350 Barton Simonian, Lt. Special Frauds ETB-807 George Loncar, Capt Planning & Analysis BFC-362 Edward Hempling, Capt Combat Grant/Comm. 3EP-907 Timothy Scioli, Lt. Police Community Services (Disasters Call-Out) ERA-693 Jim Tamsen, PO Crime Stoppers-Disasters BFC-421 Peter Dubiel, Lt. Accident Investigation Unit B5X-726 REFERRED TO THE COMMITTEE ON LEGISLATION. No. 49 "Request Reports-Arena Roller Rink" Resolution #59, C.C.P. January 7, 1992 On December 30, 1991, Precinct 116 Detective Personnel investigated a Crime Report concerning an assault by a gang of Black males/females; with one individual as the key aggressor. The incident occurred at approximately 2345 hours on December 27, 1991 at the Arena Roller, 47 E. Amherst Street, Buffalo, New York. The victim was the mother of a teenage daughter who had been threatened earlier by the same gang. The victim, who required medical attention for her injuries, could not provide positive identification on the individuals responsible, however did provide investigating officers with nick names and other vague names but without addresses of the perpetrators. The Police Department follow-up is still very active to determine/establish the identities of the person(s) responsible for the assault. Should this occur, information required to initiate arrest warrant(s) can be furnished the victim and the City Court Warrant Clerk Office. The criminal charge(s) would depend on the extent of injuries sustained by the complainant. The resultant charge(s) would more than likely be for Assault; degree to be determined. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF FIRE No. 50 Auxiliary Fire Corps C.C.P. # 202, 1/21/92 As Commissioner of Fire, l have asked that proceedings be instituted as provided for under the New York State Civil Defense Act, to deconsolidate the City of Buffalo from the present consolidated office of Civil Defense in Erie County. This will allow the continued operation of the Corps as a relief unit for city fire companies and/or other Civil Defense or emergency use of the Auxiliary Fire Corps under the jurisdiction of the City of Buffalo. Under New York State Law, there is a 180 day waiting period before the City of Buffalo can re-establish the Corps. As soon as this waiting period is over, the City of Buffalo will immediately place the Corps back, into service as an active part of the City of Buffalo Civil Defense as authorized under NYS Law. They will then be able to continue their previous duties under the auspices of this Department. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 51 Vehicle Assignments CCP 235 2/4/92 The following Members of the Buffalo Fire Department are assigned City Vehicles on a 24 hour basis: NAME TITLE LICENSE NUMBER Paul S. Shanks Commissioner of Fire ETW 974 James N. Bulger Deputy Fire Commissioner A30488 Paul A. Kurzdorfer Deputy Fire Commissioner 2BB-100 Alfred Mehltretter Battalion Chief B60-581 Chief of Training responds to multiple alarm fires and other incidents as needed. Geary Zwick Battalion Chief B60-485 Chief of Communications responds to multiple alarms. Fred Larson Battalion Chief B60437 Chief of Fire Prevention responds during off duty hours to serious Code violations of Fire Prevention and other incidents as needed. Ronald Endle Battalion Chief B60558 Safety Officers/Hazardous Materials Officer, responds to major fires as well as hazardous materials incidents and other calls as needed. William Dill Fire Lieutenant 8BX 916 Officer in charge of Fire Investigation Unit, responds to major fires as well as incidents involving Civilian injuries or deaths and to other incidents as needed. REFERRED TO THE COMMITTEE ON LEGISLATlON. FROM THE CORPORATION COUNSEL No. 52 Opinion-Appointment of Paralegal Assistant Item No. 20, C.C.P. 2/4/92 You have requested an opinion as to whether the Common Council has the authority to amend an approving appointment from November, 1990 to reflect an upgrading on a retroactive basis. When the individual in question began her employment with the City on November 15, 1990, her title was that of Paralegal Assistant funded at Salary Step 1, i.e. $24,297. During the 1991-92 budget process, the Mayor agreed to fund the position at the second step. The Common Council, however, approved funding the position at the fifth step as it appears in the existing 1991-92 Budget. Pursuant to Section 35-4 of the City Ordinances, the Council is given authority to appoint an individual to a step higher than the minimum upon the written recommendation of the appointing power stating the reasons therefor. This section, however, does not address retroactive appointments and no other authority can be found empowering the Council to do so. Even assuming the Council has authority under Section 35-4 to retroactively amend the step at which the individual was appointed, there exists no authority in either the Charter or the City Ordinances which would permit such action dating back to a prior fiscal year the budget for which did not contain sufficient funds for the higher salary step, and at best such appointment could only be effective retroactively to the date the City budget contained sufficient funds for the higher step. Additionally, I am concerned that such action by Your Honorable Body may well constitute an improper labor practice for it is a unilateral action benefitting a particular employee in contravention of the collective bargaining agreement. For the foregoing reasons, it is my opinion that the Common Council does not have authority to amend an approving appointment on a retroactive basis. REFERRED TO THE COMMlTTEE ON CIVIL SERVICE. No. 53 Vehicle Assignments Item No. 184, C.C.P., 2/4/92 Please be advised that there are no city-owned vehicles assigned to any member of the Law Department on any basis. REFERRED TO THE COMMITTEE ON LEGlSLATION. No. 54 Amending Section 53 (Vehicle, City-Owned) Item No. 230, C.C.P., 1/21/92 You have referred the above item to the Law Department for comment. Please be advised that insofar as the proposed Ordinance Amendment affects the power of elective officers therein to designate certain employees for use of city-owned vehicles or to regulate the use of such vehicles by such employees, it is my Judgment that such legislation would be an impermissable intrusion on the administrative functions of such elected officials in that it proposes to abolish, transfer or curtails the power of such elective officers in the performance of their official duties. REFERRED TO THE STREETS DEPARTMENT OVERSIGHT TASK FORCE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 55 REPORT OF BIDS WALDEN PARK STORAGE BUILDING As authorized by Your Honorable Body per item # 64, CCP 5/14/91 the Department of Community Development advertised for and received the following sealed bids for construction of the Walden Park Storage Building, which were opened and publicly read aloud on January 28, 1992. CONTRACTOR BASE BID ALT # 1 ALT # 2 LCP Construction $41,301.00 $2,990.00 $6,150.00 589 Northland Ave. Buffalo, N.Y. 14221 Cloverbank Constr. $46,200.00 $3,900.00 $6,800.00 5191 Genesee St. Bowmansville NY 14026 Miller Enterprises $49,400.00 $2,900.00 $6,000.00 584 Taunton Ave. Buffalo, NY 14216 Baker Development $50,500.00 $2,829.00 $6,279.00 1251 Electric Ave. Lackawanna NY 14218 Enviro Concerns Inc. $55,464.00 $2,500.00 $3,880.00 395 East Ferry St. Buffalo NY 14208 Seneca Hawk Inc. $55,990.00 $2,500.00 $5,500.00 229 Lake St. Hamburg, NY 14075 Nichter Constr $56,444.00 $3,400.00 $5,900.00 26 Arthur Street Buffalo NY 14207 Surianello Constr. $57,600.00 $2,600.00 $6,000.00 635 Wyoming Ave. Buffalo NY 14215 J.J. Juliano Constr $76,000.00 $3,650.00 $8,050.00 3788 Broadway Cheektowaga NY 14227 -Alternate # 1, construct driveway with compacted # 2 crusher run stone -Alternate # 2, construct driveway with asphalt paving I hereby certify that the preceding is a true and correct statement of all bids received. The Engineers estimate for the work bid was $50,000.00. Funds for this project are available in Parks Dept. Bond Fund 4200-601-035. Therefore it is recommended that Your Honorable Body authorize the Commissioner of Community Development to contract with LCP Construction for the base bid plus alternate # 2 in the amount of $47,451.00. Mr. Fahey moved: That the communication from the Commissioner of Public Works, dated February 13, .1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for construction of the Walden Park Storage Building to LCP Construction, the lowest responsible bidder for the base bid plus alternate # 2, in the amount of $47,451.00, with said cost to be charged against the Parks Department Bond Fund 200-601-035. PASSED. AYES - 12 NOES - 0. No. 56 Vehicle Assignments Item # 184, C.C.P., Feb. 4, 1992 In response to resolution # 184, C.C.P. February 4, 1992, "Request all City Departments to Provide Information Concerning the use of City-Owned Vehicles", please be advised that no one in the Department of Community Development is assigned a city-owned vehicle on a 24-hour basis. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 57 Loss of Tops Corporate Headquarters Item # 175 C.C.P. 2/4/92 As recently as last week I met with officials from Tops and repeated our strong interest in having them consider the New Buffalo Industrial Park for their corporate headquarters project. Several months ago we gave them a letter outlining what incentives we could offer for such a project and which of their requests we could reasonably accommodate. In response to that letter we were advised that a decision had been made to "short list" two or three sites, all outside the City. REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT. No. 58 Abandonment and Sale of Piper Street Item No. 15, C.C.P. 2/4/92 At your April 16, 1991 meeting (Item No. 166), your Honorable Body approved the abandonment and sale of Piper Street to Tops Markets, Inc. subject to the condition that Tops Markets, Inc. grant to the City of Buffalo a ten (10) foot wide easement along the south and east property lines of the Piper Street right-of-way for public use in the Scajaquada Pathway Phase B project. At your September 17, 1991 meeting (Item No. 145), your Honorable Body approved the rescission of the aforementioned easement on the condition that the rescission is approved by the Division of Planning with the certification that it will have no effect on the proposed route of the Scajaquada Pathway Phase B project. On February 4, 1992, the office of the Comptroller, Division of Real Estate recommended that the Common Council authorize the transfer of the abandoned portion of Piper Street to Tops Markets, Inc. (Item No. 15). The design of the Scajaquada Pathway Phase B project will be underway later this year. One of the most important design issues to be addressed is what is the safest and most cost effective means of getting pathway users across Grant Street. Safety is a major concern because this phase of the pathway is being designed for use by persons with disabilities. Rescission of the Piper Street easement prior to design completion will limit our ability to examine alternate pathway alignments and associated costs. We therefore cannot approve rescinding the City's easement at this time. REFERRED TO THE COMMITTEE ON LEGlSLATION. No. 59 Use CDBG Funds - subsidized New Housing Item # 214, C.C.P., Jan. 21, 1992 In response to your communication of January 22, 1992 regarding Item # 214, C.C.P. January 21, 1992 "Use C.D.B.G. Funds - subsidized New Housing" please refer to a copy of the communication of December 31, 1991 from the Buffalo Enterprise Development Corporation to the Department of Community Development regarding the Annual Plan - UDAG Repayments. REFERRED TO THE COMMITTEE ON ECONOMlC DEVELOPMENT. No. 60 Industrial Development Land Thruway Industrial Park - Phase II New Buffalo Industrial Park Item No. 177 C.C.P. December 23, 1991 In response to Your Honorable Body's resolution, I submit the following report and corresponding maps: The following projects are currently under construction at the New Buffalo Industrial Park: NEW BUFFALO INDUSTRIAL PARK Disposition Parcel 4 (2 acres) Niagara Tying Services, Inc. - Redeveloper Total Project Cost: $500,000. Project Description: Redeveloper is proposing to construct a 16,000 sq. ft. facility for light production. Closing Date 12/19/91 NEW BUFFALO INDUSTRIAL PARK - 5.5 Acres of Parcel # 5 along James E. Casey Drive W.J.A., Inc. - Redeveloper Total Project Cost: $1,500,000 Project Description: Redeveloper is constructing a 55,000 SF office/light manufacturing/ warehousing facility. Closing Date 10/30/91 PROJECTS UNDER DESIGNATION AT NEW BUFFALO INDUSTRIAL PARK NEW BUFFALO INDUSTRIAL PARK Portion of Disposition Parcel 5 (3.5 acres) Coyne Textile Services Total Project Cost: $2,700,000 Project Description: Redeveloper is proposing to construct a 43,000 sq. ft. building for use as an industrial laundry facility. NEW BUFFALO INDUSTRIAL PARK Portion of Disposition Parcel 2 (5 acres) TML Industries Ltd. Total Project Cost: $1,500,000 Project Description: Redeveloper is proposing to construct a 20,000 sq. ft. facility expandable to 160,000 sq. ft. in five years for the production of metal cans and containers. THRUWAY INDUSTRIAL PARK - PHASE II Disposition Parcel # 11 (3 to 4 acres) 6 month Designation Unifirst Corporation - Redeveloper Project Description: Redeveloper is proposing to construct a 45,000 square foot building for use as an industrial laundry facility. THE FOLLOWING PROJECTS ARE CURRENTLY UNDER: CONSTRUCTION AT THRUWAY INDUSTRIAL PARK: THRUWAY INDUSTRIAL PARK PHASE II Disposition Parcel 12 (6.39 Acres) William Street Associates - Redeveloper Total Project Cost: $2,500,000. Project Description: Redeveloper is proposing to construct a 59,999 sq. ft. building and will lease the facility to the U.S. Postal Service for use as an automated delivery center. Closing Date is 1/7/92. In reference to future site needs, we feel we have sufficient acreage available for light industrial development between New Buffalo and Thruway Industrial Parks and the Free Trade Center on Rano Street. Total acreage available at 'Thruway Industrial Park Phase II that is not under designation or contract is 10.31+. Total acreage available at New Buffalo Industrial Park that is not under designation or contract is 55+. If you require further information, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 61 Office Space Report The Division of Planning has conducted its study of downtown office occupancy rates entitled, Inventory & Analysis of Office Space in the City of Buffalo Central Business District From 1982 Through 1991, December 1991. REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 62 Vehicle Assignments Item # 184, C.C.P. February 4, 1992 The following individuals have use of a City-owned vehicle 24 hrs. a day: Bart Sumbrum - Commissioner - License # A-69266 William Comello - Deputy Commissioner - License # B-41132 Stanley Kopec - Supt. Street San. - License # B-41165 Arthur Vito - Supt. Street San. - License # B-77855 William Kennedy - Supt. Street San. - License # B-41164 Fabian Tryjankowski Supt. Vermin/Animal Control License # B-41145 Raymond Flynn - Supt. Fleet Maintenance - License # EG-2176 Stanley Kopec, Arthur Vito & William Kennedy are each assigned designated shifts, however, they are on 24 hour call city wide for any emergencies which should arise such as snow, fire demolition, etc. Fabian Tryjankowski has a tranquilizer rifle on the premises and controlled drugs. When needed he has to come in to unlock the drugs to tranquilize animals such as deer, vicious dogs and other wildlife. Ray Flynn has a 3 shift operation to oversee and is therefore also on 24 hr. call. He also comes in on weekends receiving no monetary compensation to review the vehicles which will be available for Monday's work schedule. The practice of assigning vehicles on a 24 hr. basis for Fabian Tryjankowski and Ray Flynn was established before my appointment as Commissioner. The explanations as to why these vehicles should be assigned to them on a 24 hr. basis was furnished by them. REFERRED TO THE COMMITTEE ON LEGlSLATION. No. 63 CERTIFICATE OF APPOINTMENT Appointment to become effective February 3, 1992, in the Department of Street Sanitation, William F. Kennedy 583 Ainsworth Pkwy Angola, New York 14006, to the position of Superintendent of Street Sanitation, Provisional, at the starting salary of $28,035. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 64 PROPOSED ORDINANCE AMENDMENT LICENSING OF RENTAL HOUSING ITEM NO. 176, C.C.P. 9/3/91 After reviewing the ordinance amendment for licensing of rental housing business fees. I find as follows: A. License - Bi annual - $25.00 per building is fine. B. Application - $10.00- We are now charging regular fees of $10.00 for all Multiple Dwellings, not for one and two family dwellings Now we will charge for one and two family and I feel we should charge for commercial rental property. C. Inspection - $30. 00 per building. We now charge $25.00 for a One and two family dwelling which I feel is a very low price. Private companies are getting anywhere from $75.00 to $100.00 per inspection. I also feel that commercial buildings should not be included in these fees. Commercial buildings take much more time and more inspections are need from various departments. 1 - 4 Units - $10. 00 5 - 10 Units - $8.00 per unit 10 or more units $5. 00 per unit These fees are fine. D. Transfer - $25.00 - is fine. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 65 PROPOSED ORDINANCE AMENDMENT-LICENSING OF RENTAL HOUSING - BUSINESS ITEM NO. 177, C.C.P. 9/3/91 After reviewing Ordinance Amendment New Chapter 264, Licensing of Rental Housing Business, I am in full support of the new Chapter 264 for licensing of Rental Housing Business. The department of Inspections & Community Revitalization will do its' utmost to uphold this new Chapter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 66 PURCHASE OF LEAD TESTING EQUIPMENT WITH FUNDS CONTAINED IN YEAR 17 CDBG BUDGET ITEM NO. 221, C.C.P. 7/23/91 With reference to the above subject, as stated in our Communication of July 23, 1991, $15,000.00 was included in year 17 CDBG Budget, Project #92 - 50504 for an X-Ray Fluorescence Analyzer, which would allow city inspectors to detect lead based paint. We have been trying to locate one within our budget. By purchasing this equipment we also must have inspectors trained in this field. At present no one on this staff is trained in this field. Meetings have been set with various agencies from the State, County, Federal and City governments to have all agencies work hand in hand to try to find the best means of abatement. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 67 ESTABLISH POLICY FOR CONSTRUCTION OF NEW HOUSING PROJECTS AND SELECTION OF DEVELOPERS ITEM # 161, C.C.P. 12/23/91 This is in response to the subject resolution which was referred to this department for comment and/or recommendation. The undersigned wholeheartedly agrees that redevelopment of any given area should not occur in absence of input and recommendation from the affected community and the District Councilmember. Although all redevelopment projects are subject to common council review and approval by way of public hearings which are conducted in conjuction with Land Disposition Agreements, I believe District Councilmembers will attest to the fact that I have also made a concerted effort to solicit input in the form of preliminary informal discussions and that this process has occurred in all cases. My staff and I have worked diligently in order to meet the goals and objectives of our affordable housing programs and to insure implementation of those programs within the parameters of City, State, and Federal guidelines. The City of Buffalo, with the help of the Buffalo Urban Renewal Agency (BURA) and your Honorable Body, has achieved unprecedented success to date in providing in excess of 900 units of new housing to individuals and families who would otherwise be priced out of the new housing market, and we have secured State and Federal grant funds valued at approximately $24.1M in doing so. In addition, and as you are aware, the program will generate hundreds of thousands of dollars in tab revenue over a long term. Although I appreciate your concerns, please be assured that there is consistency in regard to products which are offered by participating developers whereby model sale prices do fall within an acceptable range, i.e., if comparisons are properly made on a cost per square foot basis and taking into consideration materials and specifications. In conjunction with affected Community Based Organizations and District Councilmembers, we have consistently imposed design restrictions upon developers whereby no drastic or inappropriate changes have occurred within established neighborhoods. It is also important to note that designs, sale prices, and related project components are all subject to final approval by the State Affordable Housing Corporation, the State Housing Trust Fund Corporation, and/or the Buffalo Urban Renewal Agency. In reference to your concern re. site and developer selection, please note that developers of subsidized new housing projects for any given area are designated by BURA upon recommendation from this department. In this regard, our recommendations to BURA are made pursuant to evaluation of responses to formal and/or informal requests for proposals including, but not limited to, evidence of past involvement with new construction projects, commitment(s) from the lender(s) to which application would be made for construction financing, sample floor plans, model designs and related materials, specifications, and cost breakdowns documenting square foot costs and construction and sale prices etc. Departmental files contain this type of evidentiary material for all participating developers. Your recommendation concerning a graduated rang applied to purchase subsidies is well taken and we have, in fact, already explored the concept with State officials. In response to your final comment concerning the disposition of vacant parcels which are targeted for redevelopment, i.e., from the City to BURA at a cost to BURA of $1000, I would caution you in this regard inasmuch as the ability to acquire sites at below market rate costs has been a real incentive for participating developers, and since it is also likely that the added cost would be incorporated into their products and thereby would ultimately be incurred by the buyer. I hope this information will satisfy your concerns and that your Honorable Body will be assured that we are willing to cooperate in any way possible in order to improve upon and/or insure the continued success of our affordable new housing programs. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 68 Memorandum of Agreement City of Buffalo and Buffalo Crossing Guards Association July 1, 1990 through June 30, 1993 Attached please find a Memorandum of Agreement between the City of Buffalo and the Buffalo Crossing Guards Association for the contract period July l, 1990 through June 30, 1993. This Agreement is applicable to approximately 180 employees, and provides for a 5% salary increase for the fiscal year 1990-91, no salary increase for the fiscal year 1991-92, and a 3% salary increase for the fiscal year 1992-93. Your approval of this Memorandum of Agreement is respectfully requested. Mr. Fahey moved: That the communication from the Commissioner of Administration and Finance, dated February 13, 1992, be received and filed; and That the Memorandum of Agreement by and between the City of Buffalo and the Buffalo Crossing Guards Association for the contract period July l, 1990 through June 30, 1993, attached to the above communication, and executed by the Commissioner of Administration and Finance and the Acting Director of Labor Relations, for and on behalf of the City of Buffalo, be and hereby is ratified, confirmed and approved. PASSED. AYES - 12 NOES - 0. No. 69 "Pilot Field Tent Party Revenue" Item # 169, C.C.P. 12/23/91 Pursuant to a request by Councilmember Coppola in the Finance Committee meeting of February 11, 1992, the revenues to the City generated by tent parties at Pilot Field for the fiscal years audited by the City Comptroller's office are listed below. This was calculated using the information in item #4 (See attached) of the Audit report recently released by the City Comptroller. The amount projected for the fiscal year ending on March 31, 1992 is approximately the same. Year Amount 4/1/88-3/31/89 $13,847 4/1/89-3/31/90 17,110 4/1/90-3/31/91 15,752 I trust that this satisfies the Councilmember's request. REFERRED TO THE COMMITTEE ON FlNANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 70 INFORMATION - USE OF CITY OWNED VEHICLES ITEM # 184, C.C.P.. February 4, 1992 The Department of Administration and Finance has one vehicle assigned on a 24 hour basis. This vehicle is a 1986 Chevrolet, license number A56609, assigned to me. I have outlined the puree of this assignment in a previous communication to Your Honorable Body. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 71 "Req. Ord.-Use of City Vehicles" Item # 230, C.C.P. January 21, 1992 This is in response to your request for my comments and/or recommendations with respect to Item 1230, C.C.P. January 21, 1992, a request for an ordinance amendment on the use of City of Buffalo vehicles on a twenty-four hour basis. Current City policy is that "the Mayor, Comptroller and Council President, and such department heads as designated by the Mayor shall be allowed personal use of a City vehicle". I am one of the department heads the Mayor has so designated. When the Department of Transportation was disbanded in 1982, the Division of Parking Enforcement was added to the Department of Administration and Finance. Shortly thereafter, I received a City vehicle with a two-way radio to monitor the activities of the Parking Enforcement Division. Currently, the Division of Parking Enforcement operates on a 7 day a week, 24 hour per day (except Sunday morning) basis and its employees include parking meter mechanics, parking enforcement officers, and tow truck drivers. The City vehicle currently assigned to me is a 1986 Chevrolet. The vehicle was an abandoned vehicle obtained at no cost to the City. Although I pay income tax on the value of my personal use of the vehicle, I cannot claim and the City does not pay a percentage of such value for New York State Retirement System purposes. Because I have twenty-four hour use of the vehicle, the vehicle is available for my use in my frequent conduct of City business on evenings and weekends (at no extra salary). I note that the requested ordinance amendment, although apparently excluding 24 hour use of a City vehicle by the Commissioner of Administration and Finance, would allow 24 hour use by certain City officials including the Council President and the City Comptroller. I believe the duties and responsibilities of this office qualify the Commissioner of Administration and Finance for the 24 hour use category. In short, I believe my 24 hour, personal use of a City vehicle is mutually beneficial to the City and myself at a low cost to the City. I recommend that the current policy on the personal use of City vehicles be maintained. REFERRED TO THE COMMlTTEE ON LEGlSLATlON. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 72 Disabled Parking Program Item No. 105 C.C.P. Dec. 23 P. Bailly- Handicap Pkg. Vol. Problem Com. 7 Jan 7 handicap Pkg. Viol. problem (Adv. Off) In response to your letter of January 28, 1992, I am enclosing the following information pertaining to the disabled parking permit program: 1. A total of twelve thousand, six-hundred and eight (12,608) disabled parking permits were issued by the Mayor's Advocacy Office For People With Handicapping Conditions (hereinafter the "Mayor's Advocacy Office") between May of 1987 and January of 1992. 2. The procedure for obtaining a disabled parking permit is as follows: a. Applicants are required to complete the top portion of an application form. (See copy attached). b. An applicant must submit the application form to his or her physician for certification. The physician then mails the completed form to the Mayor's Advocacy Office. Note that the physician must affirm, under penalty of perjury, that the applicant is "severely disabled", as defined by 404-a of the New York State Vehicle and Traffic Law, and "in serious need of special parking privileges." c. A disabled parking permit is issued in the name of the certified, disabled applicant. A letter explaining how the permit should (and should not) be used is given to the successful applicant along with his or her newly issued permit. (See copy attached). 3. "Permanent" permits are issued for a five-year period. "Temporary" permits are issued for the period recommended by the certifying physician. I trust this information is helpful. If you have any further questions or concerns don't hesitate to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF GENERAL SERVICES No. 73 Vehicle Assignments ITEM # 184, C.C.P. 2-4-92 Please be advised that no employee of the Department of General Services other than the Commissioner has a vehicle assigned on a twenty-four hour basis (PLATE A76390). The purpose of assignment of one vehicle is for economies as follows: COST OF VEHICLE $ -O- 86 FORD IMPOUND REGISTRATION/TITLE $ -O INSURANCE $ -O PARTS/REPAIR $ 200 APPROX. FUEL $ 400 (600 GAL. x .65 PER) COST OF VEHICLE PER YEAR: $ 600 This vehicle is used by the Department's employees as well as Department head in lieu of travel expense and auto allowance. This vehicle is the Department's motor pool vehicle saving approximately $3,000 per year with approximately ten employees using the vehicle in lieu of auto allowance or outside travel. This vehicle is assigned on a twenty-four hour basis to Department head: - Use outside normal working hours for official business. - Supervises six (6) vehicle garages outside City Hall on a twenty-four hour basis. - Prevent vandalism of vehicle being left unattended downtown nightly and on weekends. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No. 74 "Sal. Ord. Amend. - Police" and "Appt. Police Officer (Max)" Item # 225, C.C.P. 1/21/92 and Item # 19, C.C.P. 1/7/92 On January 28, 1992 you corresponded with this Commission requesting information relative to the above-referenced salary ordinance amendment. You are inquiring if there is a current eligible list for the position of Computer Programmer. In addition, you are requesting information relative to Robert Rosenswie, Police Officer in the Buffalo Police Department. Be advised there is an eligible list in existence for the position of Computer Programmer. In regard to Mr. Rosenswie, the Commission suggests you contact the Buffalo Police Department relative to the accident Mr. Rosenswie was involved in which resulted in his separation from service with the City of Buffalo. I trust this satisfies your inquiry. If you have any further questions, please notify this Commission. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 75 Notification of Disposition of City Records The following department(s) requested to dispose of city record as indicated on the attached form(s). I have authorized the disposition of these records in my capacity as City Records Management Officer. Public Works RECEIVED AND FILED. No. 76 Environmental Notices Attached are Environmental Notices received by me for the following projects RECEIVED AND FILED. No. 77 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: Street Sanitation - Richard D. Bartolotta RECEIVED AND FILED. No. 78 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 1797 Niagara St. Jay McNally 229 Mackinaw St. Hidden Den Edith Sapar 490 Pearl St. Angelo Ruisi RECEIVED AND FILED. No. 79 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: Public Works- Daniel Kreuz Police- Evelyne O'Sullivan, Thomas Doctor Fire- Thomas Meldrum Human Resources- Dolores Barrett, Kathryn Stebick RECEIVED AND FILED. No. 80 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 Stadium and Auditorium Buffalo Sewer Authority City Planning Board Civil Service Commission Emergency Medical Services Board RECEIVED AND FILED. No. 81 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved approval of appointments to the position of Council Intern. ADOPTED. Appointment to become effective February 7, 1991 in the Department of City Clerk Froso Colomvakos 50 Barry Pl. Buffalo, N.Y. 14213 to the position of Intern IV, seasonal at the starting salary of $6.00/hr. Appointment to become effective February 12, 1992 in the Department of City Clerk, Daniel Pordum Jr. 78 Greeley St. Buffalo, N.Y. 14207 to the position of Intern IV seasonal at the starting salary of $6.00/hr. No. 82 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 COMPTROLLER Appointment to become effective February 5, 1992 in the Department of Comptroller, Division of Accounting Gloria A. Schiavone 1217 Delaware Ave., Apt. 905 Buffalo, NY 14209 to the position of Senior Accountant, temporary at the starting salary of $26,718. Appointment be come effective February 13, 1992 in the Department of Comptroller, Division of Audit Rosemarie A. McKenna 1217 Delaware Ave. Apt. 101 Buffalo, N.Y. 14209 to the position of Senior Auditor, Temporary at the starting salary of $26,718. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective February 3, 1992 Department of Public Works, Division of Water Mary Frances Fay 11 Pawnee Parkway Buffalo, New York 14220 to the position of Clerk, Seasonal, at the starting salary of $ 5.00/hr. Appointment to become effective February 10, 1992 in the Department of Public Works, Division of Water Ann M. Finger 336 Eden Street Buffalo, New York 14220 to the position of Clerk, Seasonal at the starting salary of $ 5.00/hr. Appointment to become effective February 3, 1992 in the Department of Public Works Division of Water Eileen Slattery 98 Abbott Road Buffalo, New York 14220 to the position of Account Clerk, Temporary at the starting salary of $ 5.25/hr. Appointment to become effective February 3, 1992 in the Department of Public Works Division of Buildings Brendan Flanagan 566 West Avenue Buffalo 14213 to the position of Second Class Stationary Engineer, temporary at the starting salary of $5.41/hr. FROM THE DEPARTMENT OF PARKS Appointment to become effective February 5, 1992 in the Department of Parks, Division of Recreation Kevin Hayes 795 McKinley Pkwy. Buffalo 14220 to the position of Rink Attendant, Seasonal at the starting salary of $4.50/hr. Appointment to become effective February 6, 1992 in the Department of Parks, Division of Recreation to the position of Rink Attendant, Seasonal at the starting salary of $4.50/hr. Jonathan Lalley 21 Edgewood Ave. Buffalo 14220 Lisa B. Schaible 5 Winter St. Buffalo 14213 Appointment to become effective February 11, 1982 in the Department of Parks Patrick Fray 113 Schutrum St. Buffalo, NY 14212 to the position of Laborer I, Permanent at the starting salary of $7.87/hr. FROM THE DEPARTMENT OF POLICE Appointment to become effective Jan. 28, 1992 in the Department of Police Susan Licata 24 Commonwealth Buffalo, NY 14216 to the position of Crossing Guard (TSAR), Seasonal at the starting salary of $5.08/hr. Appointment to become effective Feb. 5, 1992 in the Department of Police Lauren Hayes 34 Milford St. Buffalo, NY 14220 to the position of Crossing Guard (TSAR), Seasonal at the starting salary of $5.08/hr. Appointment to become effective Feb. 3, 1992 in the Department of Police Thomas Balk 33 Loretta St. Tonawanda NY 14223 to the position of Police Photographer, Permanent at the starting salary of $32,942. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment to become effective Jan. 30, 1992 in the Department of Human Resources, Division of Youth to the position of Attendant, Temporary at the starting salary of $4.25/hr. Dawn Kurcz 56 Sirrett Buffalo, 14220 Helen Kurcz 56 Sirrett Buffalo, 14220 Richard Peterson 37 Amsterdam Buffalo, 14215 Appointment to become effective February 5, 1992 in the Department of Human Resources Division of Youth to the position of Attendant, Temporary at the starting salary of $4.25/hr. Judy M. Pellegrino 11 Mayer Buffalo NY 14207 Dorothy C. Williams 42 Wakefield Buffalo NY 14214 Appointment to become effective February 3, 1992 in the Department of Human Resources Division of Youth Deborah Farran 144 Howell Buffalo, NY 14207 to the position of Lifeguard, Temporary at the starting salary of $5.00/hr. Appointment to become effective February 5, 1992 in the Department of Human Resources Division of Youth to the position of Lifeguard, Temporary at the starting salary of $5.00/hr. Kevin P. Comerford 743 McKinley Pkwy Buffalo NY 14220 Kelly L. Stenham 129 Claremont # 1 Buffalo NY 14222 Appointment to become effective February 10, 1992 in the Department of General Services, Division of Inventory & Stores Victor W. Leone 226 Norwood Ave. Buffalo, 14222 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. 83 BOARD OF ASSESSMENT REVIEW Absence of Edwin Martinez, Jr. From Bd. of Assessment Review Meetings This letter is written to call the Common Council's attention to a serious condition that exists on the Board of Assessment Review and affects the proper functioning of the Board. This condition has been caused by the unexplained absence of Edwin Martinez, Jr. from all of last year's hearings except for his attendance at one or two hearings. Mr. Martinez, Jr. again has been unexplainably absent from all of this year's hearings. Mr. Martinez, Jr. has not given the Board of Assessment Review an explanation for last year's or this year's absence. The Board of Assessment Review is respectfully requesting that Your Honorable Body ask Mr. Martinez, Jr. to appear before the Council to explain his record of absenteeism. Also, the Common Council should determine if Mr. Martinez, Jr. intends to serve during next year's hearings. If Mr. Martinez, Jr. does not respond to your request, then the Common Council should consider removing him from his Board position and appointing someone who is interested in serving the City in this most important capacity. This matter needs to be addressed now because the Department of Assessment is, at the present time, in the process of performing a citywide assessment update of all real property in the City. Property owner notification of these updated assessments will occur some time in the summer of 1992. The Board of Assessment Review, based upon its experience gained during the citywide property revaluation of 1987-88, expects there will be numerous requests for hearings before our Board. Therefore, it is most important that the Board function at its full capacity. This will insure fair and timely hearings for City property owners. Thank you for placing this matter on your agenda. In the event Your Honorable Body needs further details, I will be available at your request. REFERRED TO THE COMMITTEE ON FINANCE. No. 84 BUFFALO ENTERPRISE DEVELOPMENT CORP. Revised Vacant Parcel List Neighborhood Commercial Land Bank Item No. 123, C.C.P. 10/29/91 As contemplated by the resolution of the City's Common Council at Item No. 123, C.C.P., October 29, 1991, the following six (6) parcels were among those proposed to be purchased by The Buffalo Enterprise Development Corporation for the Neighborhood Commercial Land Bank: 1. 579 Sycamore Street 2. 581 Sycamore Street 3. 585 Sycamore Street 4. 587 Sycamore Street 5. 589 Sycamore Street 6. 593 Sycamore Street It has come to BEDC's attention that these parcels have been included in a Land Disposition Agreement, currently before Your Honorable Body, for development of new housing as part of the Clinton-Emslie Phase II New Housing Development Project. The inclusion of these parcels in the LDA was based on developer negotiations that occurred be fore the approval and execution of the Neighborhood Commercial Land Bank Program. In view 'of the above circumstances, the BEDC is amenable to deleting the above mentioned parcels with the understanding that substitute parcels will be added at a later date. Additionally, the BEDC is currently reviewing the remaining parcels on the list with the Buffalo Urban Renewal Agency/Department of Community Revitalization in order to determine / identify other parcels that may be appropriately targeted for future new housing development. If in the latter case it is necessary to delete additional parcels, the BEDC will identify substitute parcels. Subsequently, the BEDC will, based on the above, submit a revised list of changes (deletions and additions) to the Neighborhood Commercial Land Bank Program to the Common Council for review and approval. Also, be advised that because of the delays encountered and the necessity to finalize the property list, the marketing plan for the Neighborhood Commercial Land Bank Program will be submitted to the Council for approval by April 30, 1992. REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT. No. 85 BUFFALO ENTERPRISE DEVELOPMENT CORP. Budget Reform (Use of Revenue Enhancement Techniques) Item # 163, C.C.P. 2/4/92 In response to the above referenced resolution, please be advised that neither the BEDC nor DDI receive any City property tax dollars/revenues for its staff, overhead, or programs in the City's current 1991-92 budget. However, through its programs/activities, mainly loan assistance to businesses and industries for retention/expansion/ development, revenues are indirectly generated to the City through stabilization or increased property tax revenues. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS - 11. NOES - ZUCHLEWSKI - 1. No. 86 CHARTER REVISION COMMISSION Funding Charter Revision Commission Pursuant to Section 36 of the Municipal Home Rule Law of the State of New York, the Charter Revision Commission appointed by Mayor James D. Griffin on January 15, 1991, respectfully requests the sum of Fifty Thousand ($50,000.00) Dollars to defray its expenses in carrying out its work in connection with engaging a consultant or consultants, research personnel, drafters of legal documents, secretaries, clerks and such other persons as might be required to draft amendments to the Charter of the City of Buffalo, and for publication and publicity pertaining to same. This request was unanimously approved at the meeting of the Commission on February 13, 1992 and the Chairman of the Commission was directed to make the request immediately to the appropriating body or bodies. Should the appropriation, hereby requested, not be provided within forty-five (45) days from this request, then, pursuant to statute provided, the Mayor shall have the power to authorize the incurring of such liabilities and expenses within the sum herein requested. REFERRED TO THE COMMlTTEE ON FINANCE THE MAYOR, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMPTROLLER. No. 87 NIAGARA FRONTIER TRANSPORTATION AUTHORITY Request for Proposal for Development of the Seaway Piers Marina Enclosed is a copy of the NFTA's Request for Proposal for Development of the Seaway Piers Marina. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 88 R.R. SOWDEN DEVELOPMENT COMPANY Negotiated Sale of City Property Site Commonly known as Nevilly Court East & West Enclosed is my letter dated June 20th 1990 submitted to Re: Division of Real Estates Director Mr. John Hannon. It is my intent to develop this site, originally approved in the early 1980 s as a 62 lot single family home subdivision. I am proposing construction of 12 row houses approximately 200' 0" long each housing 8 units, ranging in size from a minimum of 1112 sf to 1314 sf. All construction would be hood frame with brick fronts and siding along with attached garages. Further construction would utilize slab on grade without basements. To keep the cost effectiveness factor. However, basements would be offered as an option to be installed at cost should the homeowner so desire. I have retained the law firm of J.M. Jayson, Esq. to prepare the necessary documents to designate this project for sale as townhomes. The design and engineering is to be coordinated by Mr. Edward Shackleton of the firm of Roberts & Shackleton Architects & Engineers. 1) I am seeking a review by the Common Council and its applicable agencies as to the availability of an funds possibly available to assist in the installation of the necessary lift station for the storm and sanitary sewers. 2) The abatement of any taxes levied upon these townhomes prior to the final sale to the general public and subsequent closings. 3) Any considerations with respect to the applicable permit fees associated with the project and its construction. 4) The reservation of right to negotiate the sale of this parcel of property. The reason for any and all considerations listed as l to 3 may be mute if the price negotiated for the sale of this property reflects the appreciable amount of site improvements that are necessary to develope this project. I am targeting a sales price of +/- $74,800 or for the 1112 sf of model and +/- $84,800.00 for the 1312 sf model. As these townhouses are not to be developed in conjunction with any subsidy program. Any additional costs incurred will have to considered in the development of these units and will of course will be reflected in the selling price. I have no doubt that a market for such Non Subsidized Affordable City Housing exists. I have estimated that the total project can be sold out reasonably in 24 to 30 months, thus effectively adding in excess of 7.5 million dollars to the tax base in the south district. With your approval I have scheduled a tentative start date for construction of April 1992. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 89 VERNON TRIANGLE BLOCK CLUB Vernon Triangle Park Purchase As a co-captain of the Vernon Triangle Block Club I wish to convey to you the overwhelmingly positive feeling expressed at our last meeting regarding the potential purchase of our park by Nick Constantino. With the stated conditions provided in the deed to the park which will pass to any future owners, we feel that the best interests of our neighborhood have been protected. We are most grateful for the resolution of this painful problem. We appreciate Mr. Constantino's and your efforts to in working with the neighborhood residents. We look forward to a quiet and clean summer in our park. REFERRED TO THE COMMlTTEE ON LEGlSLATION. REGULAR COMMITTEES CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No. 90 Appointment Police//Police Officer That Communication No 19 Jan 7, 1992 be received and filed and the permanent appointment of Robert V. Rosenswie Jr. stated above at the Maximum salary $30,726.00 effective on 12-26-91 is hereby approved. PASSED. AYES - 12 NOES - 0. No. 91 Appointment Assessment//Senior Tax Clerk That Communication No 22 Feb 4, 1992 be received and filed and the Provisional appointment of Cynthia L. Walczak stated above at the Maximum salary $22,309.00 effective on 1/23/92 is hereby approved. PASSED. AYES - 12 NOES - 0. No. 92 Appointment Public Works//Account Clerk-Typist That Communication No 36 February 4, 1992 be received and filed and the Permanent appointment of Susan J. Finnerty stated above at the Maximum salary $20,572.00+200 LG effective on 1/20/92 is hereby approved. PASSED. AYES - 12 NOES - 0. No. 93 Appointment Public Works//Heavy Equipment Operator That Communication No 37 February 4, 1992 be received and filed and the Temporary appointment of Paul J. Bugman stated above at the Intermediate salary $22,025.00 effective on 1/20/92 is hereby approved. PASSED. AYES - 12 NOES - 0. No. 94 Appointment Parks//Laborer II That Communication No 39 February 4, 1992 be received and filed and the Permanent appointment of Colleen Sumbrum stated above at the Intermediate salary $9.16 p/hr. effective on 1/20/92 is hereby approved. PASSED. AYES - 12 NOES - 0. No. 95 Notices of Appointments (C.Clerk) (Item # 76 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 96 MEMORIALIZE NEW YORK STATE: INCREASE UTILITY TAX RATE (ITEM NO. 208, C.C.P., JANUARY 21, 1992) That this Common Council memorializes the New York State Legislature to immediately introduce and enact legislation which would grant to the City of Buffalo the power to increase the utility tax by 1% to a maximum of 4%; and That the City Clerk is hereby authorized and directed to certify passage of this mineralization and to forward copies thereof to the Secretary of the Senate, the Clerk of the Assembly and to the members of the Western New York Delegation to the New York State Legislature. ADOPTED. AYES -AMOS, ARTHUR, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI - 8. NOES - BAKOS, COLLINS, COPPOLA, PITTS - 4. No. 97 Memorialize NYS Legislature/Utility Tax (A&F) (Item # 62 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 98 Proposed Utility Tax Rate Increase (Item # 16 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 99 User Fee Based On Assessed Valuation (Item # 213 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 100 Base User Fees On Assessed Valuation (Assmt) (Item # 21 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 101 Base User Fees On Assessed Value (A&F) (Item # 63 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 C. Neubecker/Oppose Use Fee/Trash/Garbage (Item # 83 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Impose Commuter Tax (A&F) (Item # 65 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 MEMORIALIZE GOVERNOR AND STATE LEGISLATURE TO ESTABLISH CITY OF BUFFALO LOTTERY (ITEM NO. 186, C.C.P., FEBRUARY 4, 1992) That the Common Council of the City of Buffalo memorializes the Governor of New York and the New York State Legislature to take the necessary steps to permit the City of Buffalo to establish and conduct a city lottery to raise revenues dedicated to the city's general operations and maintenance budget as a means to reduce projected deficits; and That the City Clerk be and hereby is directed to forward certified copies of this resolution to the Governor of New York, the Secretary to the New York State Senate, the Clerk of the New York State Assembly and the Western New York delegation of state legislators. ADOPTED. No. 105 Collection Of Past Due Accounts (A&F) Item # 64 CCP Feb 4, 1992 That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 NEW PARKING METER LOCATIONS ITEM NO. 42, C.C.P., JAN. 21, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Public Works is authorized to install parking meters at various locations as referred to in the above communication with the following deletions: 1. Lafayette between Linwood and Oxford 2. Main Street at N. Fillmore in front of TCI Cable 3. Winspear between Bailey and Comstock 4. Summer Street between Delaware and Elmwood 5. Chapin Parkway between W. Delavan at Gates Circle 6. Bailey between Main and Winspear 7. EImwood between Bidwell and Bird 8. Hodge between Elmwood and Delaware 9. Linwood Avenue between Balcom and Delavan 10. W. Delavan between Main and Linwood 11. Main Street between Lafayette and W. Delavan 12. Bryant Street between Elmwood and Delaware 13. Walden Avenue between Bailey and Keystone PASSED. AYES - AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS, ZUCHLEWSKI - 10. NOES - ARTHUR, COPPOLA - 2. No. 107 BOND RESOLUTION $650,000 SERIAL BONDS FOR THE PURCHASE OF AN AMPHIBIOUS FIRE FIGHTING VEHICLE (ITEM NO. 125, C.C.P., NOVEMBER 26, 1991) That the above item be returned to the Common Council without recommendation. Mr. Amos moved that the Ave item be and the same is hereby received and filed. ADOPTED. AYES - AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, PITTS, ZUCHLEWSKI - 8. NOES - BAKOS, FAHEY, HIGGINS, LOTEMPIO - 4. No. 108 Local 282/oppose Bond for Fire Amphib Vehicle (Item # 57 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - COMMON COUNCIL DEPARTMENT OF FIRE ITEM NO. 190, C.C.P., JAN. 21, 1992 That pursuant to Section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $50,000.00 be and the same is hereby transferred from various accounts in Appropriation Allotments Common Council and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund Common Council 001 - Legislative Purchase of Services 580 - Non-Professional Personal Services $50.000 TO: 100 General Fund 21-0 Department of Fire 011 - Fire Fighting Services Personal Services 110 - Salaries - Regular $50.000 PASSED. AYES - 12 NOES - 0. No. 110 1992-93 RECOMMENDED BUDGET PILOT FIELD ITEM NO. 1, C.C.P., FEB. 4, 1992 That the above item be, and the same hereby is, returned to tee Common Council without recommendation. Mr. Collins moved: That the 1992-93 fiscal year budget for the Pilot Field Enterprise Fund submitted by the Mayor per Item No. 1, C.C.P., February 4, 1992, be and hereby is approved. PASSED. AYES - ARTHUR, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS- 8. NOES - AMOS, COLLINS, COPPOLA, ZUCHLEWSKI - 4. No. 111 PERMISSION FOR THE MAYOR TO EXECUTE THE 1992-1993 COMBAT GRANT PROGRAM RENEWAL CONTRACT (ITEM NO. 47, C.C.P., JANUARY 21, 1992) That the Mayor be and he hereby is authorized to execute the proposed COMBAT renewal agreement, attached to the above communication, between the City of Buffalo and the New York State Division of Criminal Justice Services for the period, April l, 1992 through March 31, 1993. PASSED. AYES - 12 NOES - 0. No. 112 Permission To Execute 92-93 Combat Grant (Police) (Item # 41 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Negotiate Private Sale/59 Ashland/I 63 Sycamore (Compt) (Item # 18 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Cancel Demolition Contract/905/1064 Smith (ICR) (Item # 58 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Checks Received/Deposited (Police) (Item # 48 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Explore Release Of Lein At 978 Fillmore Ave (Item # 151 CCP Oct 15, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Release Of Lein At 978 Fillmore (ICR) (Item # 51 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Cherry/Hickory/Assessment At 344 Genesee(#60 10/29) (Item # 83 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Request Assessment Hearing/344 Genesee (CC) (Item # 53 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Request Assessment Hearing/344 Genesee (CC) (Item # 44 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Request Demolition Of 172 Carlton (Compt) (Item # 16 CCP Oct 15, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Request Demolition Of 172 Carlton (CC) (Item # 44 CCP Oct 15, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Request Demolition Of 172 Carlton (ICR) (Item # 44 CCP Oct 29, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 WAIVER OF REQUIREMENT FOR PERFORMANCE BOND FOR FLANIGAN CHEVROLET, INC. FOR PURCHASE OF A VAN FOR THE DEPT. OF POLICE (ITEM NO. 45, C.C.P. DECEMBER 10, 1991) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Collins now moved that the above be and the same is hereby received and filed. ADOPTED. No. 125 Expanding Board Of Directors/Kleinhans Music Hall Mgmt. Inc. (Item # 234 CCP May 28, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 Kleinhans/Oppose expansion Of Board (Item # 77 CCP Jun 11, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 127 LANDMARK DESIGNATION BUFFALO SAVINGS BANK BUILDING 543-553 MAIN STREET (ITEM NO. 9, C.C.P., JAN. 21, 1992) 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 Buffalo Savings Bank Building (former Goldome Bank), 543-553 Main Street, Buffalo, New York 14203, 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. 128 NFTA/Request To Install Pole Signs(CPBD) (Item # 19 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 NFTA/Pole Sign Request (Arts Comm.) (Item # 6 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 NFTA/Request To Install Pole Signs(Pres.Bd.) (Item # 8 CCP Feb 4,1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 NFTA/Request To Install Pole Signs(Arts Comm.) (Item # 10 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 946 HERTEL AVENUE REQUESTS PERMISSION TO INSTALL AWNING (ITEM NO. 33, C.C.P., FEB. 4, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Jesse Kohler of Kohler Awning Inc., acting as agent for Mr. Richard Maraldo, owner of property at 946 Hertel Avenue, to install an awning which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a 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 awning. PASSED. AYES - 12 NOES - 0. No. 133 1356 KENSINGTON AVENUE REQUESTS PERMISSION TO INSTALL AWNING (ITEM NO. 34, C.C.P., FEB. 4, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Jesse Kohler of Kohler Awning Inc., acting as agent for Esther Diniszkiewicz, owner of property at 1356 Kensington Avenue, to install an awning which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a 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 awning. PASSED. AYES - 12 NOES - 0. No. 134 ORDINANCE AMENDMENT CHAPTER 316, SECTION 316-8 PEDDLING AND SOLICITING (ITEM NO. 120, C.C.P., FEB. 4, 1992) (ITEM NO. 197, C.C.P., JAN. 21, 1992) That the Ordinance Amendment as contained in Item No. 197, C.C.P., January 21, 1992, be and the same hereby is approved. PASSED. AYES - BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS - 9. NOES - AMOS, ARTHUR, ZUCHLEWSKI - 3. No. 135 Ordinance Request/Section 53/Use Of City Vehicles (Item # 230 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby recommitted to the committee on Legislation. ADOPTED. No. 136 Operators Of City Vehicles (GS) (Item # 112 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby recommitted to the Committee on Legislation. ADOPTED. No. 137 Request Information On Chain Saw Purchase (Sts) (Item # 101 CCP Sep 3, 1991) That the above mentioned Item be and the same is hereby referred to the Streets Oversight Committee. ADOPTED. No. 138 Auto Inventory Listing (GS) (Item # 95 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby recommitted to the Committee on Legislation ADOPTED. No. 139 Audit Of City Vehicles (Compt) (item # 133 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby recommitted to the Committee on Legislation. ADOPTED. No. 140 Reply To Snow Removal Questions (Sts) (Item # 52 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby referred to the Streets Oversight Committee. ADOPTED. No. 141 Request Update/Conversion Of Vehicles To CNG (A&F) (Item # 66 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby referred to the Streets Oversight Committee. ADOPTED. No. 142 Grant Operations To LaSalle Ambulance (EMS) (Item # 11 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Complaints Peppermint Lounge (PW) (Item # 38 CCP Oct 30,1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Complaints Peppermint Lounge (Police) (Item # 64 CCP Oct 16, 1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Complaints Peppermint Lounge (SLA) (Item # 115 CCP Oct 16, 1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Complaints Peppermint Lounge (set Hrg) (item (Item 219 CCP Oct 2, 1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Complaints At Arena Roller Rink Complaints (HR) (item (Item 70 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 St. Rose Church Request Pigeon Control/Removal (Item # 87 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 D. Carter/Oppose Use Of Diocesan Ed. Center (Item # 93 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Board Of Education/Denial Of Sixty Appointments/Meeting (Item # 142 CCP Nov 12, 1991) hat the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 BEDC/Pilot Field Info On Tent Party Revenues (Item # 48 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby referred to the Finance Committee. ADOPTED. No. 152 Pilot Field Tent Receipts (CD) (Item # 61 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby referred to the Finance Committee. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 153 L.D.A. Stadium Heights/New Housing (Item No 106 CCP Dec 10, 1991) That the above Item be, and the same hereby is returned to the Common Council Without Recommendation. Mr. Bell moved that WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated M.J. Peterson Development Corp., BBZ Development, Inc., Paul Development Co., Inc. and Marrano Marc Equity Corp. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and NOW, THEREFORE, BE IT RESOLVED: (l) That M.J. Peterson Development Corp., BBZ Development, Inc., Paul Development Co., Inc. and Marrano Marc Equity Corp. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Stadium Heights New Housing Project in the Community Wide Urban Renewal Homestead Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES-AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS LOTEMPIO, PITTS, ZUCHLEWSKI- 11 NOES- FAHEY- 1 No. 154 UDC Commercial Revitalization Program(CD) (Item # 48 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 WNED Project/Agreement With C. Chen (CD) (Item # 46 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 NFTA/Compliance With Seaway Piers Agreement (Item # 84 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 Chamber Of Commerce/Business Development Activities (Item # 85 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 WNYDEC/Business Development Activities (Item # 91 CCP Jan 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 Scajaquada pathway Phase II (CD) (Item # 87 CCP Sep 3, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Niagara Frontier Transportation Authority SEQR Lead Agency Designation Construction (Item No. 85, C.C.P., February 4, 1992) That the City of Buffalo hereby concurs that the Niagara Frontier Transportation Authority be granted lead agency designation for the State Environmental Quality Review of the proposed action to construct a fish cleaning facility on Authority owned property between Fuhrman Boulevard and the Small Boat Harbor involving construction of an approximate 500 to 600 square feet single story structure housing lavatories and a fish cleaning station and the construction of approximately 800 to 1,000 feet of sanitary sewer line. PASSED. AYES- 12 NOES- 0. RESOLUTIONS No. 161 BY MR. ARTHUR Rezoning Former School 85 Edison Street Whereas, Raymond Gonzales in his petition to amend the zoning map for former School 85 on Edison Street from an R-2 to a C-2 zoning clarification proposed to use such premises as a training school, wholesale store, offices and showroom, and Whereas, acting in reliance on said petitioner's representations as stated in his petition for the above referenced rezoning this Common Council pursuant to Item No. 169 C.C.P. October 4, 1983 approved an amendment of the Zoning Ordinances of the City of Buffalo by which the referenced premises would be in a "C2" Community Business District instead of an "R2" Dwelling District, and Whereas, said Common Council approval stated that the rezoning shall be effective subject to the following conditions: 1. A landscaped front yard shall be maintained between the street line and a 25 foot set-back line. 2. No warehousing or other facility that would require a less restrictive zoning classification shall be maintained on the site; and 3. That this ordinance amendment shall not take effect unless and until a certified copy of thereof is recorded by the petitioners in the Erie County Clerk's Office and notice of said rezoning is filed with the Common Council, and Whereas, compliance with these conditions has not been verified thereby creating a question as to whether the rezoning of said premises from an "R2" to a "C2" zoning classification has been effectuated, and Whereas, Gal-Van Developers, Inc. has petitioned to rezone the aforesaid premises from an "R2" to an "RS" zoning classification but subsequently withdrew such petition and are believed to be seeking variance from the Zoning Board of Appeals to convert said premises into moderate-income apartments, including a number of apartments for senior citizens, and Whereas, the original conversion of said premises by Gal-Van Developers, Inc. included apartments for the mentally disabled, and Whereas, there are questions of compliance by the original petitioner, Raymond Gonzales, Jr., and questions regarding the true intent of Gal-Van Developers, Inc. and serious community concerns regarding the plans of Gal-Van Developers, Inc. NOW THEREFORE BE IT RESOLVED that this Common Council hereby authorizes the Corporation Counsel to draft an amendment to the Zoning Ordinances to change the zoning classification within which the subject premises are located to "RI" and BE IT FURTHER RESOLVED that this Common Council respectfully requests the Zoning Board of Appeals to reject outright or hold in abeyance any request for a variance submitted by Gal-Van Developers, Inc. with respect to the subject premises and BE IT FURTHER RESOLVED that this Common Council hereby requests the Department of Public Works not to issue any building permits to Gal-Van Developers, Inc. for said subject premises, and BE IT FURTHER RESOLVED that the City Clerk is hereby requested to forward copies of this resolution to the Zoning Board of Appeals, Commissioner of Public Works and the Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 162 BY: MR. BAKOS ELECTED OFFICIALS' RAISES WHEREAS: This nation is facing one of the worst economic recessions in modern times; and WHEREAS: Thousands of private businesses have laid off hundreds of thousands of workers ; and WHEREAS: The unemployment rate in Erie County has risen to .6 % and many workers are collecting unemployment benefits; and WHEREAS: Thousands of workers in Erie County have exhausted heir normal 26 weeks benefits and are now collecting 13 weeks of extended benefits; and WHEREAS: Public employees do not normally face the pain suffering of layoffs as experienced by people working in the private sector; and WHEREAS: Private sector businesses are all reviewing their future income and sales projections and "downsizing" their operations; and WHEREAS: The City of Buffalo finished the 90/91 fiscal year with a $4.6 million dollar deficit; and WHEREAS: The City of Buffalo Government is on the brink of fiscal calamity; and WHEREAS: A $48 million dollar "shortfall" will have to be filled if the forthcoming 92/93 year budget is to be balanced; and WHEREAS Several unions have recognized the crisis of the City's fiscal situation and have accepted a 0% salary increase for fiscal year 91/92; and WHEREAS: It is imperative that the elected officials recognize the necessity of sharing the pain and suffering that will hit many of our employees as a result of the many cut-backs and layoffs that face them in the upcoming fiscal year; and WHEREAS: Citizens are facing a cut-back in services and an increase in their taxes; and WHEREAS: These people cannot afford to pay more taxes and face additional cut-backs in services; and WHEREAS: The elected officials received a raise beginning January 1, 1992. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council return to the City the money received in raises for July 1, 1992 to June 30, 1993 and/or rescind its raise and/or take whatever legal action is necessary to meet that end. REFERRED TO THE COMMITTEE ON FINANCE. No. 163 BY MESSRS. BAKOS AND ZUCHLEWSKI MEMORIALIZE THE STATE OF NEW YORK TO REQUIRE THE REGISTRANT TO REGISTER MOTOR VEHICLES BY USING SOCIAL SECURITY NUMBER AS MANDATORY IDENTIFICATION WHEREAS: The City of Buffalo Parking Violations Bureau utilizes It's scofflaw program pursuant to the New York State Vehicle and Traffic Law (Sec. 401 - 5a, Sec. 514 - 4a & b) to identify and deny the registration privileges of individuals possessing delinquent parking fines owed to the city; and WHEREAS: The scofflaw system has been rendered ineffective through loopholes and public knowledge of ways to circumvent the system. Scofflaw offenders have successfully renewed vehicle registrations using variations of their names with no foolproof legal identification to prove their validity; and WHEREAS: Without a foolproof means to prevent scofflaw offenders from renewing their vehicle registration, offenders will have the means to continue with driving privileges and incur parking fines under other names; and WHEREAS: The City of Buffalo Parking Violations Department reports 24,018 scofflaw offenders responsible for 217,318 in outstanding parking summonses amounting to $10,376,786 in delinquent fines outstanding since 1980. With the Department of Motor Vehicles lacking a sufficient mechanism to refuse scofflaw registration, There is no chance of capping this growing figure; and WHEREAS: Upgrading the Department of Motor Vehicles' policy to include using the person's Social Security number as mandatory means of identification to register vehicles and mandate that the Social Security numbers be included on the registration application would prohibit scofflaw violators from registering vehicles; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council of the City of Buffalo memorializes the State of New York Legislature to amend the New York State Vehicle and Traffic law to require persons to register vehicles by Social Security number as a mandatory requirement of identification and also mandate that the Social Security number appear on the registration and the registration renewal application; and BE IT FINALLY RESOLVED THAT: The City Clerk be directed to forward certified copies of this resolution to the Clerk of the Assembly, The Secretary of the Senate and members of the Western New York delegation to the State Legislature. ADOPTED. AYES-AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 11 NOES- PITTS-1. No. 164 BY MESSRS. BAKOS AND ZUCHLEWSKI MEMORIALIZE THE STATE OF NEW YORK TO PROHIBIT THE ISSUANCE AND RENEWAL OF LICENSES AND SUSPEND DRIVER'S LICENSE OF PERSONS SCOFFLAWED AS A RESULT OF UNPAID PARKING SUMMONSES WHEREAS: The City of Buffalo Parking Violations Bureau reports 24,018 scofflaw offenders responsible for 217,318 in outstanding parking summonses amounting to $10,376,786 in delinquent fines ; and WHEREAS: The city of Buffalo has exhausted every resource available to recover the outstanding fines and to urge these scofflaw offenders to comply with law; and WHEREAS: Through the structure of the existing scofflaw program offenders are easily circumventing the program by methods such as forfeiting impounded vehicles and purchasing "junker vehicles" at a lesser cost rather than satisfying outstanding fines and fees to recover their original vehicle; and WHEREAS: The existing scofflaw program lacks an effective method of restraining the privilege of operation a motor vehicle to flagrant violators who carelessly break parking laws designed for the safety and welfare of citizens and the orderly operation of vehicle traffic in our city; and WHEREAS: The State of New York reserves the right to refuse the Issuance and renewal of licenses and ordering suspension of a motorist's drivers license for delinquent or unanswered moving violation summonses; and WHEREAS: The action is an effective method for curtailing the driving privileges of unlawful motorists who are disregarding traffic laws and fines. In the same regard this method would be equally as effective as a deterrent for offenders who disregard parking laws and fines; and WHEREAS: Such constraints on drivers privileges would not only stimulate greater awareness of parking laws, but would also provide another incentive for scofflaw offenders to satisfy fines; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council of the City of Buffalo memorializes the State of New York Legislature to amend the New York State Vehicle and Traffic law to prohibit the issuance and renewal of licenses and suspend the driver's license of individuals scofflawed as a result of unpaid parking summonses. BE IT FINALLY RESOLVED THAT: The City Clerk be directed to forward certified copies of this resolution to the Clerk of the Assembly, The Secretary of the Senate and members of the Western New York delegation to the State Legislature. ADOPTED. AYES-AMOS, ARTHUR, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI-9 NOES- COLLINS, COPPOLA, PITTS-3. No. 165 BY MESSRS. BELL AND FAHEY Authorization to File Final Statement of Objectives and Projected Use of Funds for City of Buffalo Community Development Block Grant 1992-1993 WHEREAS, the United States Department of Housing and Urban Development requires the preparation and' submission of a "Final Statement of Community Development Objectives and Projected Use of Funds" in lieu of an application for the City of Buffalo's 1992-1993 Community Development Block Grant Entitlement; and WHEREAS, the steps necessary to comply with the regulations for the City of Buffalo's 1992-1993 Community Development Block Grant Program have been taken; and WHEREAS, the approval of the Final Statement of Objectives and Projected Use of Funds hereby presented by the Mayor of the City of Buffalo and authorization by the Common Council to submit same is the last remaining pre-requisite. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That the "Final Statement of Objectives and Projected Use of Funds" has been reviewed by the members of the Common Council and is hereby approved. 2. That the Mayor of the City of Buffalo is hereby authorized to execute and file, on the behalf of the City of Buffalo, the "Final Statement of Objectives and Projected Use of Funds" for the 1992-93 Community Development Block Grant Funds. 3. That the Mayor is further authorized to provide such additional information and furnish such documents as may be required by the Department of Housing and Urban Development. 4. That the Mayor is further authorized to execute such contracts or agreements as may be necessary for the HUD funds applied for, to execute and file requisitions for funds and to act as the authorized representative of the City of Buffalo. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 166 BY MR. COLLINS TRANSFER OF FUNDS CAPITAL PROJECTS FUND DIVISION OF BUDGET & MANAGEMENT DIVISION OF DEVELOPMENT That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $5,000 be and the same is hereby transferred from various accounts in Capital Projects Fund - Division of Budget & Management and said sum is hereby reappropriated as set forth below: FROM: 200 Capital Projects Fund 06-1- Division of Budget & Management 001- Planning for Capital Projects $5,000 TO: 200 Capital Projects Fund 71-7- Division of Development 059- Addition to Schiller Park Sr. Center $5,000 PASSED. AYES-12 NOES-0 No. 167 BY MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -FRINGE BENEFITS DEPARTMENT OF FIRE That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $739,890 be and the same is hereby transferred from various accounts in Appropriation Allotments - Fringe Benefits and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 81-3- Fringe Benefits 177 - Reserve for Agreements with City Employees $739.890 TO: 100 General Fund 21-0 Department of Fire 011 -Fire Fighting Services 115 - Holiday Pay $695,553 012 -Fire Prevention Services 115 - Holiday Pay 8,260 013 - Fire Boat Services 115 - Holiday Pay 12,071 021 - Administrative Services 115 - Holiday Pay 943 022 - Fire Defense & Training Services 115 - Holiday Pay 2,870 023 - Fire Alarm Telegraph System 115 - Holiday Pay 18,558 031 - Fire Headquarters & Station House Maintenance 115 - Holiday Pay 605 032 - Servicing Automotive Equipment 115 - Holiday Pay 1,030 Total $739.890 REFERRED TO THE COMMITTEE ON FINANCE. No. 168 BY MR. COPPOLA REQUEST AUTHORIZATION TO SEEK FUNDING UNDER THE SHELTER PLUS PROGRAM WHEREAS: The US Department of Housing and Urban Development has issued a nationally competitive Request for Proposals under the Shelter Plus program; and WHEREAS: The WNY Veterans Housing Coalition has requested the CITY OF Buffalo assistance in securing funds to offset operations cost of the Best Street apartments and Stratford Arms Hotel Projects in conjunction with the Veterans Administration; and WHEREAS: Common Council authorization is necessary in order for the Mayor to submit a funding request/grant proposal on behalf of the City of Buffalo. NOW, THEREFORE BE IT RESOLVED THAT This Common Council of the City of Buffalo does hereby approve the submission of a grant proposal for the HUD Shelter Plus program. ADOPTED. No. 169 BY MR. FAHEY SALARY INCREASES WHEREAS: Justice Robert E. Whelan of the Supreme Court of the State of New York ruled on February 6, 1992, that the contract settlement imposed by this Common Council on September 17, 1991, concerning Labor Union Locals 650 and 264, was a valid action pursuant to the Taylor Law; and WHEREAS: The ruling directs the Budget Director to perform those acts which are within his chartered duties and responsibilities required to implement the Council action; and WHEREAS: The contract imposed by the Council awards a 596 salary increase to employees for the 1990-91 fiscal year; and WHEREAS: Since the Council action of September, a budgetary crisis has arisen in the city of Buffalo. It is estimated that the deficit for fiscal 1991-92 will approach $22 million, while projections for 1992-93 forecast a $48 million deficit; and WHEREAS: This Council recognizes its obligation to those employees covered by the court ruling; and WHEREAS: However in further recognition of the fiscal crisis facing the city, this Council must clearly express its intent to "tighten its belt" in respect to salary issues for current and future years; and WHEREAS: In light of the 5% salary increase awarded for fiscal 1990-91, a realistic expectation for fiscal 1991-92 would be that no increase be awarded, while a moderate increase for F.Y. 1992-93, approximating 3%, be anticipated. NOW, THEREFORE, BE IT RESOLVED THAT: This Council proposes that the following schedule be used to adjust salaries for employees of the city who fall under Council jurisdiction: F.Y. 1990-91: 5% F.Y. 1991-92: 0% F.Y. 1992-93: 3% MAXIMUM BE IT FURTHER RESOLVED THAT: All other bargaining units and employees of agencies affiliated with the city, including the Buffalo Urban Renewal Agency, the Buffalo Sewer Authority and the Buffalo Municipal Housing Authority, use this proposal as the basis for contract settlements over the three years cited in the proposal; and BE IT FINALLY RESOLVED THAT: Copies of this resolution be forwarded to all union officials who represent employees affected by this proposal. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 11 NOES- PITTS-1. No. 170 BY MR. FAHEY Councilmember PerIa Excused from Meeting RESOLVED: That Councilmember Carl A. Perla, Jr., is hereby excused from attendance at the Council meeting of February 18, 1992, due to illness. ADOPTED. No. 171 BY MR. HIGGINS PAYMENT OF CERTAIN SMALL CLAIMS WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and WHEREAS, the subject claims are eligible for consideration under the said procedure; and WHEREAS, the Department of Law has verified the validity of the claims and recommend payment thereof; NOW THEREFORE, BE IT RESOLVED: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Bessie Cylar Claim for loss of garbage cans. $20.00 2. James R. Howe Claim for difference in pay for Police Officer Howe while on active duty with the U.S. Military. $85.41 3. Michael John Claim for claimant's vehicle that was mistakenly towed to the Tonawanda Street Impound Garage. $82.50 4. Daniel Karlinski Claim for an employee of Inventory and Stores inadvertently not paid for one days work. $53.20 5. Walter A. Kilgore Claim for loss of garbage can. $12.00 6. William T. Kufel Claim for loss of garbage cans. $25.00 7. John Lyle Claim for personal property damaged due to diseased tree with prior written notice. $49.53 8. Elizabeth M. Rogan Claim for loss of a cooler taken during garbage pickup that was labeled and used as a recycling box. $29.87 9. Detta G. Wills Claim for loss of garbage can. $8.00 10. Lawrence Zielinski Claim for loss of garbage cans. $16.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 12 NOES- 0. No. 172 BY MR. HIGGINS ORDINANCE AMENDMENT CHAPTER 216-6 GARBAGE, RUBBISH, AND REFUSE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 216-6 of the Code of the City of Buffalo, be amended to read as follows: Section 216-6. Preparation Requirements A. St shall be the duty of each householder to strain and securely wrap in paper all garbage, kitchen and table waste designed for collection by the city. The Commissioner of Street Sanitation is hereby authorized to refuse to collect any garbage, kitchen or table waste not so wrapped. B. Loose disposal of syringes, lancets and needles is hereby prohibited. Syringes. lancets, and needles must be disposed of in a sealed and clearly marked container and contents of said container must be treated with an infection control solution before material is brought to the curb for collection. The Commissioner of Streets and Sanitation is hereby authorized to refuse any garbage not so prepared. APPROVED AS TO FORM R. Peter Morrow, III Acting Corporation Counsel NOTE: Matter underlined is new REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET SANITATION, ENVIRONMENTAL MANAGEMENT COMMISSION AND THE AMERICAN DIABETES ASSOCIATION. No. 173 BY MRS. LOTEMPIO ROAD MAINTENANCE BY ERIE COUNTY WITHIN CITY LIMITS WHEREAS: A vital part of the services provided by Erie County is the maintenance of roads, including snow removal, throughout the County, including those leading into the City; and WHEREAS; The City of Buffalo taxpayers contribute a significant amount of money annually yearly, for services that the County should maintain; and WHEREAS: As City residents, we receive a minimum return for our contribution; and NOW, THEREFORE, BE IT RESOLVED: That this Honorable Body requests the County Legislature and the County Executive to designate the main roads in the City of Buffalo as County roads, so that arterials receive road repair and snow removal services currently provided to these same roads outside the City of Buffalo. ADOPTED. No. 174 BY MR. PITTS ORDINANCE AMENDMENT SECTION 9 OF CHAPTER 35 SALARY AND WAGE SCHEDULE "K" 1990 The Common Council of the City of Buffalo does hereby ordain as follows: That part of Subsection (a) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo relating to Salary and Wage Schedule "K" is hereby amended to read as follows: 1990 SALARY AND WAGE SCHEDULE "K" SALARY GRADE 1ST STEP 2ND STEP 3RD STEP 4TH STEP 5TH STEP 1 5.33 5.59 5.04 6.09 6.34 This schedule is applicable to Members of the School Crossing Guards. This schedule shall be effective retroactive to July 1, 1990. It is hereby certified , pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. R. Peter Morrow Acting Corporation Counsel PASSED. AYES-12 NOES-0. No. 175 BY MR. PITTS SALARY ORDINANCE AMENDMENT 20- DEPARTMENT OF POLICE SCHOOL CROSSING GUARDS 1990 The Common Council of the City of Buffalo does hereby ordain as follows: That Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20- Department of Police listed under the subheading relating to positions covered by the School Crossing Guards bargaining agreements, is hereby amended to read as follows: (Note: Old salaries are in brackets) 20- DEPARTMENT OF POLICE 20-2 BUREAU OF SPECIAL SERVICES Temporary Services as Required Civilian School Crossing Guard (Hourly) [$5.08 - $6.04] $5.33 - $6.34 The Commissioner of Police shall appoint and may, at pleasure, remove civilian school crossing guards, who shall be employed for not more than 200 days in any fiscal year on days when elementary schools are scheduled to be in session, during training periods to be fixed by the Commissioner of Police and on such other days as the Commissioner of Police may deem advisable or proper, for the purpose of safeguarding children at various crossings of public streets while going to and returning from daytime sessions at such schools. He shall also fix, determine and coordinate the daily hours of duty of each such civilian school crossing guard in keeping with the times of convening and recessing of the respective school or schools served by each such guard. The Commissioner of Police shall be charged with the duty and power of governing, disciplining, regulating and training civilian school crossing guards, and shall exercise such other powers and perform such other duties, as are conferred by law upon an appointing power to effectuate the intent and purpose expressed herein, and to that end may from time to time make and enforce orders, rules and regulations not inconsistent herewith. Civilian school crossing guards shall not be members of Department of Police, nor shall the provisions of the Charter and Ordinances of the City of Buffalo or any other law or resolution applicable to members of the Department of Police or to members of the police force be applicable to the positions of civilian school crossing guards. This ordinance shall be effective retroactive to July l, 1990. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. The undersigned, heads of departments and city agencies and appointing powers, each recommends, with respect to the positions set forth in the foregoing ordinance to which he has the power of appointment and the Director of the Budget recommends that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel PASSED. AYES-12 NOES-0. No. 176 BY MESSRS. PITTS AND AMOS REGULATE VIDEO DIAL TONE SERVICES WHEREAS: The Federal Communications Commission has proposed a plan that would permit telephone companies to provide TV service without requiring a cable franchise; and WHEREAS: New technology is being developed that will allow telephone companies to offer video dial tone services, a wide variety of multichannel video programming services that can be provided over twisted-pair 'copper wire; and WHEREAS: Although it is generally considered that the entry of "telcos" into the cable television business would provide competition that would benefit both municipalities and TV viewers, there is also a need to provide adequate safeguards to protect the public; and WHEREAS: Under the FCC's plan, neither the telephone company nor any video programmer using the telco's network would be subject to regulations that Congress enacted by passing the Cable Communications Act of 1984; and WHEREAS: The Cable Act requires cable operators to obtain a cable franchise from the local municipality, which allows cities to obtain up to 5 percent of a system's gross revenues in the form of a franchise fee; and WHEREAS: It also allows franchising authorities to impose customer service standards and require the provision of community programming and local information services; and WHEREAS: The FCC proposal would allow telcos to deliver video programming services without any payment for utilization of public right of way, without any commitment to local community needs and interests, and without a local franchise that any other business in a similar situation would have to obtain; NOW, THEREFORE BE IT RESOLVED: That this Common Council urges the Federal Communications Commission to exercise its authority to subject video dial tone service providers to the same franchising structure and other regulations created by the Cable Communications Act of 1984; and BE IT FURTHER RESOLVED: That this Honorable Body also exhorts the FCC to implement measures that will promote the entry of video dial tone providers into the cable business, but encourages video dial tone providers and existing cable systems to compete fairly without any joint service arrangements that would create a new monopoly provider of multichannel video programming services; and BE IT FINALLY RESOLVED: That the City Clerk be directed to forward certified copies of this resolution to the Federal Communications Commission, the National Association of Telecommunications Officers and Advisors, the United States senators representing New York State, and the Western New York delegation to the House of Representatives. ADOPTED. No. 177 BY MR. PITTS ESTABLISH SPECIAL COMMITTEE ON BUDGET DEFICIT REDUCTION WHEREAS: The impending financial plight of the City of Buffalo has been well documented in reports from the Comptroller and Budget Director who have predicted a $22 million deficit for fiscal year 1991-92 and a $48 million deficit for 1992-93; and WHEREAS: Over the past weeks on a random basis, representatives of the administration and the Comptroller's office have met informally with members of this Common Council to assess this fiscal dilemma and suggest alternatives for raising revenues and/or cutting expenditures or services; and WHEREAS: These meetings have been effective in gauging the severity of the problems but have not been very productive in formulating acceptable strategies for reducing the estimated deficits; and WHEREAS: The severity of the budgetary problems justifies the creation of a special committee comprised of representatives from the administration, the Comptroller's office, and this body to develop specific deficit reduction plans; NOW, THEREFORE, BE IT RESOLVED: That the President of the Common Council immediately establish a Special Common Council Committee on Budget Deficit Reduction comprised of representatives of the Department of Administration and Finance, the Division of the Budget, the Comptroller's office and members of this Honorable Body to develop workable strategies to eliminate the projected deficits; and BE IT FURTHER RESOLVED: That the Special Committee establishes a weekly meeting schedule, or more often if needed, and notifies all members of this Council of its meetings and actions; and BE IT FINALLY RESOLVED: That the Special Committee submits its final recommendations to this Common Council by April 1, 1992. ADOPTED. No. 178 BY MR. PITTS REQUEST REVENUES AND FIXED ASSETS REPORT FROM THE BUFFALO URBAN RENEWAL AGENCY, BURA CONTRACTS FROM FINANCIAL CONTROL OF AGENCIES AND/OR COMPTROLLER, AND A REPORT OF BUFFALO ENTERPRISE DEVELOPMENT COMPANY REVENUES DIRECTLY GENERATED FROM FEDERAL FUNDING WHEREAS: The Buffalo Urban Renewal Agency disburses several million dollars annually to acquire properties for future development, to float construction loans to developers, and to fund a variety of programs which generate income; and WHEREAS: Several properties currently under the control of BURA have been transferred from the City of Buffalo at little or no cost to BURA and resold to developers with proceeds returning to the agency; and WHEREAS: Similarly, larger vacant properties under BURA's control have been converted to "temporary" surface parking lots with rental revenues returned to BURA; and WHEREAS: In addition, several programs return income to BURA in compliance with contracts executed between BURA and other agencies; and WHEREAS: In similar fashion, the Buffalo Enterprise Development Company generates millions of dollars from programs it has developed over the years using federal monies; and WHEREAS: BURA and BEDC have flourished as a result of the income generated from federal funding appropriated to this area because of the eligibility of the City of Buffalo based on its fiscal needs; and WHEREAS: At a time when the City of Buffalo is experiencing grave financial problems, methods for the city drawing from BURA and BEDC resources must be explored; HOW, THEREFORE, BE IT RESOLVED: That the Common Council requests the Buffalo Urban Renewal Agency file a report detailing all fixed assets, all revenues generated over the past year, the source of the revenue, and the balance remaining from each source; and BE IT FURTHER RESOLVED: That the Comptroller and the Director of Financial Control of Agencies submit copies of each BURA contract from which BURA realizes revenue; and BE IT FURTHER RESOLVED: That BEDC submits a report of all revenue producing programs generated based on federal funding, or program income from federal funding, the amounts generated in the past year, and the balance remaining; and BE IT FINALLY RESOLVED: That this information is filed by the next meeting of this Common Council on March 3, 1992. ADOPTED. No. 179 BY MESSRS. PITTS AND ARTHUR LEASE RENEWAL SHEA'S O'CONNELL THEATRE WHEREAS: The Shea's O'Connell Theatre has had a lease agreement with the City of Buffalo which expires June 30, 1992, and WHEREAS: The Shea's has requested a five year extension of the present lease which would begin July 1, 1992 to June 30, 1997, and WHEREAS: The proposed lease should be approved expeditiously to allow the Shea's to engage in its proposed Capital Improvement Program. NOW THEREFORE BE IT RESOLVED THAT: The Common Council's Finance Committee review the proposed lease for the Shea's O'Connell Theatre and make a recommendation to the Common Council. REFERRED TO THE COMMITTEE ON FINANCE. No. 180 BY: MR. ZUCHLEWSKI APPOINTMENT LEGISLATIVE ASSISTANT I hereby appoint Wendy S. Eschborn, 142 Roesch Ave., Buffalo, New York 14207 to the position of Legislative Assistant to the North District Councilmember, to become effective Monday, February 17, 1992. ADOPTED. No. 181 BY: MR. ZUCHLEWSKI MEMORIALIZE STATE LEGISLATURE TO REMOVE HOMESTEAD DESIGNATION FROM ABSENTEE LANDLORDS WHEREAS: A large number of individuals, partnerships, real estate companies, etc., are in the business of obtaining one, two, or three rental unit properties in the City of Buffalo for investment and income purposes only; and WHEREAS: Presently the Real Property Tax Law classifies any residential structure with three units or less as homestead and any structure with four or more units is designated as non-homestead; and WHEREAS: The City of Buffalo assessment rate per $1,000.00 for homestead properties is $23.46, compared to $34.18 assessed to properties designated as non-homestead; and WHEREAS: Clearly there is a difference between individuals purchasing property with three or less units in order to live on the premises as opposed to those individuals who purchase properties throughout the City for investment and income purposes only; and WHEREAS: In fairness to all, those who indeed live on the property which is designated homestead should continue to retain homestead designation, while those who own property or units and do not maintain residency on said property should be assessed at the non-homestead rate. NOW, THEREFORE BE IT RESOLVED THAT: This Honorable Body directs the Department of Assessment to file a report with this Common Council as to how many properties in the City of Buffalo would be effected by this change of homestead designation and an estimate as to how much additional money could be raised with this change; and BE IT FURTHER RESOLVED THAT: That the Common Council of the City of Buffalo memorializes the New York State Legislature to amend the New York State Real Property Tax Law so that the City of Buffalo may begin assessing properties within the City that are not owner occupied at the non-homestead rate; and BE IT FINALLY RESOLVED: That the City Clerk be directed to forward certified copies of this resolution to the Clerk of the Assembly, Secretary of Senate, and members of the Western New York delegation of the New York State Legislature. ADOPTED. No. 182 BY MESSRS. ZUCHLEWSKI, AMOS AND ARTHUR Invite Gov. Cuomo to Buffalo WHEREAS: If the Governor's recommended budget is passed by the New York State Legislature for the 92-93 fiscal year, it will mean a total funding cut to the City of Buffalo of $25 million over the past two years, and WHEREAS: Because the City of Buffalo has a large elderly population living on fixed incomes and a large population of working poor which makes it difficult to increase the property tax levy, and WHEREAS: The cutback in state funds has placed an additional burden upon the City of Buffalo and is one reason for the city's projected 92-93 budget deficit of $48 million, and WHEREAS: In order to see our way Through these difficult financial times, the Common Council and Mayor have proposed a number of methods to close our budget gap, many of which need state approval, and WHEREAS: The Common Council, the Comptroller and the Mayor have already met with the W.N.Y.. Delegation to the State Legislature, and WHEREAS: The Governor of the State of New York is a major player in the budget process NOW, THEREFORE BE IT RESOLVED That this Common Council invite Governor Mario Cuomo to a Buffalo summit meeting to discuss our current financial crisis and ways the State of New York can assist us in our efforts, and BE IT FURTHER RESOLVED That this Common Council send a certified copy of this resolution to Governor Cuomo for his response. ADOPTED. No. 183 BY MR. ZUCHLEWSKI Request SUNY Central to expedite Campus West repairs WHEREAS: For almost 125 years, Campus West was a part of the State University of Hew York system, known as the College Learning Laboratory, and WHEREAS: Because of state funding cuts last year, SUNY cut all funding to Campus West and turned it over to the Buffalo Public School System, and WHEREAS: A rental agreement for use of the building at Buffalo State College was arranged with the Board of Education so the school would remain on the same site, and WHEREAS: On January 21, 1992 a water leak spilled over 500 gallons of water from the third floor down through the first floor which caused extensive damage to the facility and exposed asbestos, and WHEREAS: This caused over 750 children to be displaced in the middle of the school year causing a severe disruption to their lives, and WHEREAS: It is in the best interests of the children to ensure the work is completely funded and completed in an expeditious manner so they can have a normal; school year in September NOW, THEREFORE BE IT RESOLVED That this Common Council urge SUNY Central in Albany to completely fund the needed repairs to the Campus West facilities located on the Buffalo State College campus and to complete this work as expeditiously as possible AND BE IT FURTHER RESOLVED That certified copies of this resolution be sent to Dr. Bruce Johnstone, Chancellor of the State University of Hew York in Albany. ADOPTED. No. 184 BY MR. ZUCHLEWSKI Felicitations and/or In Memoriams Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for Minority Leadership Training Conference By Councilmember Mr. Amos Felicitation for Michael O'Rourke By Councilmember Fahey Felicitation for Raymond R. Dalfonse By Councilmember LoTempio and the City Clerk is hereby directed to have the above resolutions framed at a cost not to exceed Seven Dollars and Fifty Cents ($7.50) each. ADOPTED. No. 185 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: Carolyn Brooks Gregory L. Clark Alison L. DesForges Lynn R. Dodd Kathryn E. Lubick Michael E. Martin Barbara Rowe TOTAL: 7 ADOPTED. No. 186 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: Thomas M. Vivian TOTAL: 1 ADOPTED. UNFINISHED BUSINESS No. 187 Mr. Coppola moved to take from the table Item # 18, C.C.P., June 10, 1991 Reduce Salaries of Elected Officers; seconded by Mr. Collins. LOST. AYES- BAKOS, COLLINS, COPPOLA, ZUCHLEWSKI - 4 NOES- AMOS, ARTHUR, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS - 8 No. 188 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES CLAIMS Tuesday, Feb 25, 1992 9:00 AM CIVIL SERVICE Tuesday, FEB 25, 1992 9:30 AM FINANCE Tuesday, FEB 25, 1992 Immediately Following Civil Service LEGISLATION Tuesday, FEB 25, 1992 2:00 PM ECONOMIC DEV. Wednesday, FEB 26, 1992, 10:00 AM No. 189 Adjournment On motion by Mr. Fahey, Seconded by Mr. Franczyk, the Council adjourned at 4:25 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.