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HomeMy WebLinkAbout92-0414 1No. 8 Common Council Proceedings of the City of Buffalo Regular Meeting, April 14, 1992 Special Session, April 21, 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 BUDGET : Hon. Archie L. Amos, Jr., Chairperson, Hon. Norman M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon. Joel A. Giambra, Mr. Richard Planavsky. SPECIAL COMMITTEE ON CATV : Hon. James W. Pitts, Chairman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski. 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. TASK FORCES TASK FORCE- AUDITORIUM-STADIUM: Hon. James W. Pitts, Chairman, Hon. Alfred T. Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry Nowak, Anthony Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George Gould, George Wessel, William Greely, Women for Downtown/Designee, Donald Quinlan, Rev. Bennett Smith. 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. EDUCATION FUNDING FORMULA REVIEW TASK FORCE- Hon. Brian M. Higgins, Chairman; Hon. Archie L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella Richardson, Dr. Oscar Smuckler. POLICE REORGANIZATION TASK FORCE- Hon. Eugene M. Fahey, Chairman; Hon. George K. Arthur, Hon. Clifford Bell, Hon. Rosemarie 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- Hon. Alfred T. Coppola, Chairman; Hon. Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum/Designee, John Scardino. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO Tuesday, April 14, 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, Perla, Pitts, and Zuchlewski - 13. ABSENT - None. On a motion by Mr. Fahey, seconded by Mr. Coppola, the minutes of the stated meeting held on March 31, 1992, and the Special Meeting held April 7, 1992, were approved. FROM THE MAYOR No. 1 Veto Message - Freeze City Departmental Spending Item No. 178, C.C.P., March 31, 1992 This resolution proposes that all unencumbered balances in certain City accounts be "frozen" through the end of the fiscal year, except for "emergency" expenditures approved by the Board of Review. While I agree with the intent of the legislation which is to save as much money as possible in the current fiscal emergency, I find this legislation to be unnecessary, bureaucratic and illegal. My administration currently is making only those expenditures that are absolutely needed to conduct City business and provide necessary services. This legislation would not help City departments to make further savings. On the contrary, the delay and extra work caused by the need to have necessary expenditures "unfrozen" could cost the City more in the long run. Some accounts proposed to be "frozen" are postage, gasoline, maintenance agreements, auto and clothing allowances. The postage account is needed to mail out tax bills, for example: the need for gasoline is obvious; maintenance agreements; auto and clothing allowances are contractual and cannot be arbitrarily "frozen". Finally, I have been advised by the Corporation Counsel that this resolution is illegal. It infringes upon right and responsibilities of the executive and comptroller branches of government under the Charter. For all of the above reasons, I hereby veto this legislation. Mr. Fahey moved to Override the Mayor's Veto of Item No. 178, C.C.P., March 31, 1992- Freeze City Department Spending. Seconded by Mr. Bakos ADOPTED. AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- AMOS- 1. No. 2 Appointments and Reappointments to the Advisory Committee for People With Handicapping Conditions Pursuant to the powers vested in me by Section 91 of Article VI of the Charter of the City of Buffalo, as amended, I hereby reappoint the below listed persons as members of the Advisory Committee for People With Handicapping Conditions for terms expiring March 31, 1995: Nancy Siegel 235 South Union Road Apartment 5 Williamsville, 14221 Donald Van Auken 442 Orchard Drive Kenmore, 14223 Joseph Schmid 86 Rogers Avenue Buffalo, 14211 James Lembeck 109 Greenwood Place Buffalo, 14213 Steven Truesdale 505 Elmwood Avenue Buffalo, 14222 In addition, I hereby appoint the below listed persons as members of the Advisory Committee for People With Handicapping Conditions effective March 30, 1992 for terms expiring March 31, 1995: Jack Farrell 78 St. John's Avenue Buffalo, 14223 Thomas Roetzer 10 Deville Circle Williamsville, 14221 Jack Farrell will succeed Judith Subject, Esq. who has resigned. Thomas Roetzer will succeed Mark Niederpruem who has resigned. I hereby certify that the above listed persons are fully qualified to serve as members of the Advisory Board for People With Handicapping Conditions. RECEIVED AND FILED. No. 3 Reappointment of member of Board of Directors of the Buffalo Cable Access Media (BCAM) Pursuant to the powers vested in me by Article 5, Section 5.2A of the Buffalo Cable Access Media (BCAM) bylaws, I hereby reappoint Michael P. McKeating, residing at 164 Tuscarora Road, Buffalo - 14220 as a member of the Board of Directors of the Buffalo Cable Access Media (BCAM) for a term expiring April 29, 1995. I hereby certify that Michael P. McKeating is fully qualified to serve as a member of the Board of Directors of the Buffalo Cable Access Media (BCAM). RECEIVED AND FILED. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 4 J. Gimbrone - Request to erect a two-story masonry addition and permission to encroach on the right-of-way at 518-524 Niagara St. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above request pursuant to Section 511-68 and 413-67 of the Buffalo Code, the Niagara Coastal Special Review District and the review of right-of-way encroachments. The applicant seeks to expand a two-story masonry building by constructing a masonry addition to the side of the subject property. This proposed two-story addition will add 960 square feet to the existing structure. The applicant also seeks to encroach on the city right-of-way of Niagara Street by constructing a glass and masonry vestibule which will provide access for people with handicapping conditions, pursuant to state law. The proposed vestibule will measure 8 feet by 50 feet, or 400 square feet in area, and will encroach 8 feet in the right-of-way. The site is located in a C2 zone which permits such expansion. Although in the Coastal Review District the intended use has no relationship to the Niagara River. The proper vestibule encroachment will not impede pedestrian traffic, since the structure will leave approximately 12 feet of clear sidewalk between it and the curb. Under S.E.Q.R., the proposed development is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed work on the condition that the Department of Public Works reviews the proposed encroachment pursuant to local ordinances. RECEIVED AND FILED. No. 5 Buffalo White G.M.C. Inc. Request to place an accessory pole sign at 271 Dingens St. Item No. 105, C.C.P., March 31, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, the Review of Pole Signs. The applicant seeks to erect an illuminated, accessory, pole sign which will have a significant area of 137 square feet (11 feet 6 inches by 11 feet 6 inches) and an overall height of 35 feet. The sign will be located in an HI zone which permits accessory signage of this size and type. Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the sign as presented. RECEIVED AND FILED. No. 6 Atlantic Richfield Co. - Request to erect a pole sign at 1390 Delaware Ave. Item No. 106, C.C.P., March 31, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992 considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an illuminated, accessory, pole sign with a sign face area of 109 square feet (8 feet 2 inches by 13 feet 7 inches). The site is located in a C1 zone which permits such accessory signs (see Section 219, 4 of the Buffalo Code). Under S.E.Q.R. , the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 7 Atlantic Richfield Co. - Request to place a pole sign at 761 E. Delavan Item No. 107, C.C.P., March 31, 1992 The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an illuminated, accessory, pole sign with a sign face area of 109 square feet (8 feet 2 inches by 13 feet 7 inches). The site is located in a C1 zone which permits such accessory signs (see Section 219, 4 of the Buffalo Code). Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 8 Atlantic Richfield Co. - Request to place a pole sign at 1266 E. Delavan Avenue. Item No. 108, CCP., March 31, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an illuminated, accessory, pole sign with a sign face area of 109 square feet (8 feet 2 inches by 13 feet 7 inches). The site is located in a C2 zone which permits such accessory signs (see Section 217, 4 of the Buffalo Code). Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 9 Atlantic Richfield Co. - Request to place a pole sign at 1490-1500 Fillmore Avenue. Item No. 109, C.C.P., March 31, 1992. The City Planning Board at its regular meeting held Tuesday, April, 7, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs The applicant seeks to erect an illuminated, accessory, pole sign with a sign face area of 109 square feet (8 feet 2 inches by 13 feet 7 inches). The site is located in a C2 zone which permits such accessory signs (see Section 217, 4 of the Buffalo Code). Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 10 Atlantic Richfield Co. - Request to place a pole sign at 1981 Fillmore Avenue. Item No. 110, C.C.P., March 31, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an illuminated accessory pole sign with a sign face area of 109 square feet (8 feet 2 inches by 13 feet 7 inches). The site is located in a C1 zone which permits such accessory signs (see Section 219, 4 of the Buffalo Code). Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 11 Atlantic Richfield - Request to place a pole sign at 855 Sycamore Street. Item No. 111, C.C.P., March 31, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an illuminated accessory pole sign with a sign face area of 109 square feet (8 feet 2 inches by 13 feet 7 inches). The site is located in a C2 zone which permits such accessory signs (see Section 219, 4 of the Buffalo Code). Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 12 F. O'Connell - Request to erect a one-story storage building at an existing junk yard. Item No. 90, C.C.P., March 3, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above application pursuant to Section 511-67 of the Buffalo Code, the Buffalo Coastal Special Review District. The applicant seeks to construct a steel accessory building at the site of an existing junk yard. The proposed one-story building would measure 24 feet by 51 feet (1224 square feet of gross floor area). The site is underlain by M2 zoning which permits the expansion of such uses . The Junk yard operation is not a water related use. Moreover, no part of the proposed building or the existing yard has shoreline access. Consequently, the provision of a 25-foot "yard" along the shoreline is not applicable in this instance. Concerns arose over the site's proximity to two inactive hazardous waste sites (Mobile Oil and the McNaughton Brooks sites). Given this, the applicant provided the Board with copies of a soil analysis of the building site which concluded that the property was "free of contamination of the most commonly found pollutants." Under S.E.Q.R., therefore, the matter may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed accessory building as submitted. RECEIVED AND FILED. No. 13 V. Buscemi - Request to place a sidewalk cafe awning and sign which will encroach the right-of-way of Vest Chippewa St. (corner 206 S. Elmwood) Item No. 39, C.C.P., March 31, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above request pursuant to Sections 413-59 (sidewalk Cafes) and 513-67 (Encroachments on the Right-of-Way). The applicant seeks to place a 32 seat sidewalk cafe which will measure 42 feet in length and 9 1/2 feet at its widest point. The cafe will be delineated by a metal railing and covered by an awning. An accessory sign is also proposed for the building. The sign will be non illuminated and will measure approximately 1 foot 3 inches by 2 feet (2.5 square feet) in an oval configuration which will be mounted at a 90 degree angle to the building. All of the cafe will encroach in the right-of-way at Vest Chippewa Street. The site is located in the RR Downtown zone which encourages such uses and is also in the West Village Historic Preservation District. In this vein, the proposed cafe and sign have been approved by the Buffalo Preservation Board which reviewed the cafe under S.E.Q.R. Moreover, the Department of Public Works has also reviewed and approved the proposed cafe. Consequently, the Planning Board voted to approve the proposed sidewalk cafe, awning, and sign as presented herein with the following conditions: 1. that no trash receptacles be placed on the cafe, 2. that no music be played in the cafe area, and 3. that the cafe be opened no later than 11:00 pm. daily. RECEIVED AND FILED. No. 14 H. Ngo - Request to encroach in right-of-way of 1059 Grant St. with a sign. Item No. 40, C.C.P., March 31, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above request pursuant to Section 413-67 of the Buffalo Code, Review of Right-of-Way Encroachments. The applicant seeks to place a 3 foot 6 inch by 2 foot 6 inch accessory sign (8 square feet in area) which will be installed at right angles to the building face. The proposed sign will encroach in the right-of-way by 3 bet 6 inches. The site is located in a C2 zone which permits such signs. Under S.E.Q.R., the proposed sign is considered a Type II Action which does not require further environmental review. The Department of Public Works has reviewed the sign and has no objection to the issuance of a "mere license" for the sign. Consequently, the Planning Board voted to approve the proposed encroachment. RECEIVED AND FILED. No. 15 B.E.D.C.- Request to delete properties from the purchase list. Item No. 74, C.C.P., March 3, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above request pursuant to Section 317.1 of the City Charter, Referable Matters to the City Planning Board. The Buffalo Enterprise Development Corporation has requested that Your Honorable Body delete 85 of 209 vacant parcels earmarked for commercial development. Their reason for this request is that in B.E.D.C.'s opinion, the sites are not marketable for commercial development. B.E.D.C. further suggests that the released sites should be considered for rezoning by Your Honorable Body to "one family zoning" in order to protect new housing planned for the future. The Planning Board has no objection to the release of the 85 vacant lots, but the Board recommends that no rezonings be undertaken at this time. Once a clearer picture of the development scenario is known, Your Honorable Body would be in a better position to determine the proper zoning for the sites in question. RECEIVED AND FILED. No. 16 Main Seneca Corp. - Request to place a non accessory sign at 270 Michigan. Item No. 103, C.C.P., March 3, 1992. The City Planning Board at its regular meeting held Tuesday, April 7, 1992, considered the above application pursuant 'to Section 387-19 of the Buffalo Code, the Review of Billboard Signs. The applicant seeks to place a non illuminated billboard sign on the wall of an existing five-story masonry office/factory building. The proposed sign will have a face area of 669 square feet. The site is located in the Sign Control Overlay Review District which prohibits non accessory signs. The Planning Board voted to deny the requested non accessory sign since it is not permitted in the district. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO PRESERVATION BOARD No. 17 Environmental Impact Statement Statement of Findings Buffalo Zoological Gardens Expanded Elephant Habitat Olmsted Parks/Parkways Historic District Pursuant to Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law and NYCRR Part 617, the Buffalo Preservation Board, acting as lead agency, is filing the attached Findings Statement with your office in accordance with Section 617.10(2) (iv), attached. If you have any questions, please contact the Board Secretary at ext. 5071/5029. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 18 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $2,695 be transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: BUFFALO, NEW YORK, APRIL 9, 1992 RECEIVED AND FILED. No. 19 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CAPITAL PROJECTS FUND DIVISION OF BUDGET & MANAGEMENT DIVISION OF BUILDINGS We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $19,700 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, APRIL 9, 1992 RECEIVED AND FILED. No. 20 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CAPITAL PROJECTS FUND DIVISION OF BUDGET & MANAGEMENT DIVISION OF BUILDINGS We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $30,000 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, MARCH 27, 1992 RECEIVED AND FILED. No. 21 INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS - RESERVED FUND BALANCE DEPARTMENT OF LAW We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $30,000 in the estimates for the fiscal year beginning July l, 1991 is necessary in Appropriation Allotments - Department of Law to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, MARCH 26, 1992 RECEIVED AND FILED. No. 22 Certificate of Necessity Increased Appropriation New York State Revenue Division of Substance Abuse Services We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $42,465 in the estimates for the fiscal year beginning, July 1, 1991 is necessary in Appropriation Allotments - Division of Substance Services to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase in the General Fund - New York State Revenue account 100-504-403-85153 - Asset Forfeiture not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, APRIL 9, 1992 RECEIVED AND FILED. No. 23 Comptroller's Appointment Board of Directors - B-CAM Buffalo Cable Access Media This communication will serve as my reappointment of Cheryl Jackson to the Board of Directors of B-CAM (Buffalo Cable Access Media) for a three (3) year term. Ms. Jackson is currently the Executive Director of Squeaky Wheel/Buffalo Media Resources, Inc., as well as a teaching artist in Video for the Arts-in-Education Institute of Western New York, and a video artist. It is because of Ms. Jackson's experience in the independent media field, both as an administrator and an artist, that I feel she is qualified to accept a position on the Board of B-CAM. The programs at Squeaky Wheel, such as workshop instruction and equipment access, are very similar to the kinds of training and access programs B-CAM will be setting up. I am confident that Ms. Jackson will be able to assist greatly in the planning and implementation of these programs. Furthermore, I feel that her experience and contacts relating to community outreach will also be of help in formulating plans in that area. RECEIVED AND FILED. No. 24 Comptroller's Appointments Citizens Salary Review Commission Pursuant to the powers vested in me by Article 24, Section 452-A of the Charter of the City of Buffalo, as amended by Local Law No. 5 (1979), I hereby appoint the below listed persons as members of the Citizens Salary Review Commission: NAME ADDRESS EXPIRATION DATE Sergio Fornasiero 164 Rivermist Dr. December 31, 1993 Eunice A. Wozniak 508 Connecticut St. December 31, 1994 Lester G. Sconiers 1889 Hertel Avenue December 31, 1992 RECEIVED AND FILED. No. 25 Lease Negotiations for Cazenovia Park Casino Item # 183, C.C.P. 3/17/92 The above item has been referred to the Office of the Comptroller for review. The resolution would authorize the Commissioner of Public Works to negotiate a lease with Parker Bay Consultants at the renovated Casino in Cazenovia Park. The terms of the lease should include: operation of a food and beverage concession; fee schedules for rentals; guarantee available dates for Friends of Cazenovia Casino and other non-profit organizations; and outline a general operating plan. The Casino is a public building and the Commissioner of Public Works is authorized to' enter into a lease agreement for this facility. I fully support and recommend that Your Honorable Body approve the Resolution by Mr. Higgins. RECEIVED AND FILED. No. 26 Advisory on Impending Cash Shortages On Tuesday, April 7, 1992, at a special meeting, Your Honorable Body failed to pass, and in fact tabled, the $17+ million Certificate of Necessity and the respective Authorizing Budget Deficit Note Resolutions. These resolutions would have provided the necessary appropriations to pay salary and non-salary costs through June 30, 1992 for the respective departments and divisions (DPT/DIVS) of the City of Buffalo. Once again, I apprise Your Honorable Body that further delay will force me to comply with City Charter sections 43, 44, and 45 (copy attached) by returning "without action" any claim submitted for payment for which an appropriation is insufficient. I will be filing as an addendum an updated projection of when DPT/DIVS will exhaust their salary appropriations. At that time, you will note that some DPTS/DIVS will exhaust their appropriations as early as April, 1992, and others at June 30, 1992. If there is to be no disruption in vital City services such as Police and Fire protection and support services, Your Honorable Body needs to immediately implement one of the following: 1) Passage of both the Certificate of Necessity and Budget Deficit Note resolutions presently before the Common Council 2) Direct the Budget Office to Reallocate/Transfer Funds presently contained in the budget 3) Passage of alternative resolutions identifying other revenue sources or expenditure cuts. I cannot overemphasize the need for immediate action by Your Honorable Body. Inaction will lead to employees not receiving their respective payroll checks as a result of insufficient appropriations. I trust that Your Honorable Body will undertake the prudent course of action and approve one of the above alternatives. I and my staff will remain available to meet with you and whomever else you deem advisable. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Sale of Hurd Computer As instructed by the City Auditor, l am informing you of the advertisement and high bid for "used computer equipment" which the Comptroller office is responsible for disposing of upon completion of the Hurd Payment Process. Item 1 National ad was seen in Computerworld for the Prime computer and peripheral hardware. Item 2 High bid was received from Revacomp Inc., Houston Texas for $7,000. Three other lower bids were received (see attached). The equipment is not reusable for the City of Buffalo for the following reasons: (1) Maintenance cost for the system of $21,640 per year. (2) Proprietary Operating System called "PICK" which is not known by City employees and is not "Open" or user friendly as MSDOS. (3) Software will have to be repurchased for transfer out of the city for $35,800. to a outside vendor. (Attachment) REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 28 Renewal Option Lease Agreement between the City of Buffalo and S. M. Flickinger Company, Inc. Pursuant to Item # 153, C.C.P. October 4, 1983, Your Honorable Body authorized the leasing of 416 Kenmore Avenue, 8' x 210' parcel, to S. M. Flickinger Company, Inc. This lease agreement ran for a five year term commencing October 1st, 1983 to September 30th, 1988, with one year renewal options. This office has received a request from Mr. William T. Bishop, President of the Scrivner, Regional Office/Flickinger Group requesting to exercise their option to renew said lease for an additional one year period as stated in provision 9 of their lease agreement. The lessee has fully satisfied provision 9 and has complied with all other provisions and terms of the lease. The renewal will commence on October 1st, 1992 and expire on September 30th, 1993. This Office recommends Your Honorable Body's authorization to allow S. M.. Flickinger Company, Inc. to exercise their option to renew for the property known as 416 Kenmore Avenue and that the Mayor be authorized to execute such lease renewal agreement upon its approval as to form by the Law Department. Mr. Fahey moved: That the communication from the Comptroller, dated April 1, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to prepare a lease renewal agreement to allow S.M. Flickinger to exercise its' option to renew for property known as 416 Kenmore Avenue; and That the Mayor be, and he hereby is authorized to execute such lease renewal agreement upon its approval as to form by the Law Department. PASSED. AYES- 13 NOES- 0. No. 29 Permission to Negotiate 86 Herman, W 537.25' S Sycamore Vacant Lot Size: 30' x 132' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Juanita Smith of 90 Herman Street, Buffalo, New York to purchase the above captioned property. Ms. Smith would like to purchase this property for gardening and extra yard space. The Department of Inspections and Community Revitalization and the the Department of Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated April 2, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Juanita Smith residing at 90 Herman Street, Buffalo, New York, for the private sale of 86 Herman Street, Buffalo, New York, and report to this Honorable Body the results of such negotiations. ADOPTED. No. 30 Permission to Negotiate 129 Ivy, E 145.22' S Genesee Vacant Land: 31' x 109' Assessed Valuation: Land: $900 Total: $11,500 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Paul J. O'Brien, 41 Woodview Avenue, Hamburg, New York to purchase the above captioned property. Mr. O'Brien would like to purchase this property in order to renovate and use as rental income. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 31 Permission to Negotiations 37 Marvin, E N Corner Fulton Vacant Land: 30' x 50' Assessed Valuation: $1,500 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. John Loughran of 69 Fulton Street, Buffalo, New York to purchase the above captioned property. Mr. Loughran would like to purchase this property, which is across the street from his business, for off-street parking purposes. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated April 6, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with John Loughran residing at 69 Fulton Street, Buffalo, New York, for the private sale of 37 Marvin Street, Buffalo, New York, and report to this Honorable Body the results of such negotiations. ADOPTED. No. 32 Permission to Negotiate 26 Moselle, W 277' N Walden Vacant Lot Size: 30' x 106' Assessed Valuation: $800 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Robert Lee Prim of 24 Moselle Street, Buffalo, New York to purchase the above captioned property. Mr. Prim would like to purchase this property, which is next to his home, in order to erect a garage and blacktop a driveway. The Department of Inspections and Community Revitalization and the Department of Community Development have been contacted and they have no objections to this sale, providing the proper permit is obtained. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated April 3, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Robert Lee Prim residing at 24 Moselle Street, Buffalo, New York, for the private sale of 26 Moselle Street, Buffalo, New York, and report to this Honorable Body the results of such negotiations. ADOPTED. No. 33 Permission to Negotiate 102 Shumway, W 351.72' N William Vacant Land: 30' x 105' Assessed Valuation: Land: $ 800 Total: $ 1,500 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Frederick Jenkins of 48 Devonshire Road, Tonawanda, New York to purchase the above captioned property. Mr. Jenkins would like to purchase this property in order to renovate and allow his two brothers to reside there. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 34 Permission to Negotiate 69 Verplanck, E 220.50' S Woodlawn Vacant Lot : 26.25' x 100' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. George Tyler of 57 Verplanck, Buffalo, New York to purchase the above captioned property. Mr. Tyler would like to purchase 69 Verplanck in order to combine this vacant lot with his property at 73 Verplanck. The Department of Inspections and Community Revitalization and the Department of Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated April 2, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with George Tyler residing at 57 Verplanck, Buffalo, New York, for the private sale of 69 Verplanck, Buffalo, New York, and report to this Honorable Body the results of such negotiations. ADOPTED. No. 35 Results of Negotiations 833 Ferry East, S 173.30' W Kehr Vacant Lot: 31' x 103' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, received an offer from Mr. John R. Jackson, 846 Woodlawn Avenue, Buffalo, New York 14211, to purchase the above captioned property. Mr. Jackson originally requested 831 and 833 East Ferry which adjoins his property at the rear. Mr. Jackson intends to improve this property with a one car garage. We attempted to have the properties released for private sale from various City Departments. Inspections & Community Revitalization requested that the properties be held for new housing. Several weeks ago Mr. Jackson and this office received a letter from Inspections & Community Revitalization releasing 833 East Ferry. 831 East Ferry will be used, and developed along with 825 and 829 East Ferry for new housing. Mr. Jackson submitted an appraisal of the property from Dennis R. Walker, Appraiser, Able Appraisal Associates, 2560 Bailey Avenue, Buffalo, New York 14215. They have estimated the property at Eleven Hundred Dollars ($1,100). This represents approximately .33 a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. John R. Jackson has agreed and is prepared to pay Eleven Hundred ($1,100) for the above captioned property. He has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the offer of Mr. John R. Jackson in the amount of Eleven Hundred Dollars ($1,100). I am further recommending that Your Honorable Body authorize the Mayor to execute the necessary documents for the transfer of title. Mr. Fahey moved: That the above communication from the Comptroller, dated April 8, 1992, be received and filed; and That the offer of John R. Jackson of 846 Woodlawn Avenue, Buffalo, New York, in the sum of Eleven Hundred Dollars ($1,100) to purchase: 833 Ferry East, Buffalo, New York, be and hereby is accepted; and That the recording fees, transfer tax, appraisal 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- 13 NOES- 0. No. 36 Results of Negotiations 235 Lord, E 25' N Pink Vacant lot: 25' x 100' Assessed Valuation: $700 Item #13, C.C.P. 11/12/91 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Peal Estate, to negotiate a private sale with Mr. Jesse Carmichael of 237 lord, Buffalo, New York, to purchase the above captioned property. Mr. Carmichael intends to expend his yard area for the new home that he has just constructed adjoining this property. Incidentally, Mr. Carmichael is an employee of the City of Buffalo, employed in the Division of Human Resources, and has followed all procedures required for the purchase of property through a private sale. An independent appraisal of the property was submitted by Dennis R. Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Seven Hundred Dollars ($700). The sale price represents approximately .28 a square foot. The Division of Peal Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Carmichael has agreed and is prepared to pay Seven Hundred Dollars ($700) for the subject property. He has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 235 lord Street to Jesse J. Carmichael, 237 Lord Street, in the amount of Seven Hundred Dollars ($700). I am further recommending that Your Honorable Body authorize the Mayor to sign the necessary documents for the transfer of this property. Mr. Fahey moved: That the above communication from the Comptroller, dated April 9, 1992, be received and filed; and That the offer of Jesse Carmichael of 237 Lord, Buffalo, New York, in the sum of Seven Hundred Dollars ($700) to purchase: 235 Lord, Buffalo, New York, be and hereby is accepted; and That the recording fees, transfer tax, appraisal 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- 13 NOES- 0. No. 37 Results of Negotiations 1405 Michigan, E 104' N Utica Vacant Lot: 25' x 100' Assessed Valuation: $900 Item # 10. C.C.P. 1/7/92 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. David Adams, 1399 Michigan Avenue, Buffalo, New York 14209. Mr. Adams intends to purchase and improve this vacant lot in order to construct a garage. An independent appraisal of the property was conducted by Mr. Dennis Walker, Able Appraisals Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Eleven Hundred Dollars ($1,100). This represents about .45 a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from .19 a square foot to .77 a square foot. The Division of Real Estate concurs with the appraisers estimate of value The results of our negotiations are that Mr. Adams has agreed and is prepared to pay One Thousand Dollars ($1,000) for the property. He has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 1405 Michigan Avenue, to Mr. David Adams in the amount of One Thousand Dollars ($1,000). I further recommend that Your Honorable Body authorize the Mayor to execute the deed for the transfer of the property. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Report of Audit Kleinhans Music Hall Management Inc. In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Kleinhans Music Hall Management, Inc. audit report for the fiscal year ended June 30, 1991. We recommend that Kleinhans Music Hall Management, Inc. maintain separate ledgers and journals for the Operating and Capital Reserve Funds. Our report has also noted that it is incumbent upon the City to budget an annual appropriation to meet the funding requirements of Kleinhans Music Hall Management, Inc, for the general support of operations and maintenance relative to the conditional waiver of Buffalo Philharmonic Orchestra rentals. Please note that subsequent to the completion of our audit work, a claim, filed by Kleinhans Music Hall Management, Inc., and totalling $140,975.00 for the total rentals due from the Buffalo Philharmonic Orchestra for the fiscal year ended June 30, 1991, remains in abeyance. REFERRED TO THE COMMITTEE ON FINANCE AND KLEINHANS MUSIC HALL. No. 39 Negotiate Sale 469 Parker C.C.P. 3/17/92, Item # 151 The above item has been referred to the Comptroller's Office for a response. The item is a resolution authorizing the Director of Real Estate to enter into negotiations for the sale of a 9' x 30' portion of a City Right-Of-Way. The home at 469 Parker is located at the South East Corner of Parker and Parkside. The City Right-Of-Way extends east and west along the south side of Parkside Avenue. The former owner of the property erected a fence in the City Right-Of-Way and now wishes to purchase this parcel in order to abate a title problem. As your Honorable Body is aware the City Charter states "the Common Council may by 2/3-votes of all the members elected thereto authorize the sale of 'real property acquired by the City for public use, which has not been appropriated thereto, or the use of which for such purpose has been abandoned". Since this is a request to purchase a City Right-Of-Way, which may involve utility easements and/or future use by the City, recommendations as to whether or not to abandon and sell should come from the Department of Public Works and the City Planning Board. Should Your Honorable Body authorize the abandonment this Office will dispose of this property in accordance with Article 27, Section 514 of the City Charter. The purchaser will be required to petition Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the abandoned portion. After the value has been established and a report filed by the appraisers with the County Clerk's Office, the results are then transmitted to Your Honorable Body for approval. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ASSESSMENT No. 40 CERTIFICATE OF APPOINTMENT Appointment to become effective March 26, 1992 in the Department of Assessment David J. Adamski, 703 Smith St., Buffalo NY 14206 to the Position of Sr. Tax Clerk, Temporary at the starting salary of $21,042 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 41 CERTIFICATE OF APPOINTMENT Appointment to become effective April 2, 1992 in the Department of Assessment, Rachelle Malek. 147 Hartwell Rd., Buffalo, NY 14216 to the position of Associate Tax Clerk, Permanent at the starting salary of $25,957. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 42 CERTIFICATE OF APPOINTMENT Appointment to become effective March 26, 1992 in the Department of Assessment, Robert J. Quinn, 723 McKinley Parkway, Buffalo, NY 14220 to the position of Principal Assessor, Provisional at the starting salary of $37,029. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 43 Extension of Time on Contract New Electric service Delaware Park Casino, Buffalo, New York In accordance with the terms of the contract between the City of Buffalo and Weydman Electric, Inc. the work should have been completed by December 12, 1991. Due to poor weather conditions this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to May 30, 1992 to Weydman Electric, Inc. to complete the work of their contract. RECEIVED AND FILED. No. 44 Monthly Report of Licenses Issued March 1992 I am respectfully submitting the enclosed report of licenses issued in the month of March 1992 by the Division of License. RECEIVED AND FILED. No. 45 Elevator Safety Review Board Appointment--Bernard W. Cryan On our April 6, 1992 Elevator Safety Review Board meeting, we appointed Mr. Bernard W. Cryan to be a representative of the insurance industry. Mr. Cryan is an Insurance Broker for 22 years at Lawley Service, Inc., 120 Delaware Avenue, Buffalo, NY 14202. RECEIVED AND FILED. No. 46 Elevator Review Board Member Appointment- Steven D. Parks At our January 6, 1992 Elevator Review Board Meeting, Mr. Steven D. Parks had been appointed as a Board Member to represent B.O.M.A. (Builders and Owners Management Association). Mr. Parks is a Building Manager at Koll Management Services, One Marine Midland Center, Suite 3100, Buffalo, NY 14203. RECEIVED AND FILED. No. 47 Rename a Portion of Bailey Avenue North of Seneca Street Item # 29, CCP March 3, 1992 This is in reply to your letter of March 23, 1992 regarding the above mentioned subject. Councilmember Norman Bakos has informed the district assessor, Andy Satyshur, that he is in favor of renaming that portion of Bailey Avenue In question as Mergenhagen Street. RECEIVED AND FILED. No. 48 New York State Thruway Authority I-190 Niagara Thruway Reconstruction From M.P. N 6.6 to M.P.N 10.8 The New York State Thruway Authority is requesting Your Honorable Body to authorize the Authority to utilize the below listed City Streets to facilitate traffic flow during the construction phase of the above mentioned project: A. Niagara Street from Carolina Street to Ontario Street B. Porter Avenue from Niagara Street to Moore Drive I have attached a copy of the Authority's suggested resolution for your approval. REFERRED TO COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE NEW YORK THRUWAY AUTHORITY. No. 49 Fees for Environmental Reviews Item No. 165, C.C.P. 3/31/92 The above referenced item has been sent to this Department for review and comment. Please be advised that we look forward to the draft ordinance amendment from the Law Department and will comment further after reviewing the draft. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. No. 50 Emergency Repair of Sewer Broadway Market 999 Broadway Please be advised that the Broadway Market Management Corp. declared an emergency and called in Joseph Carino Plumbing & Heating Inc., 419 Auburn Avenue, Buffalo, New York 14213, to excavate, clear, and repair a sewer which was severely clogged with grease. This emergency was declared because sewer water was backing up into the market area and creating an unhealthy and unsanitary condition. Work commenced on 9/27/91 and was completed by 10/29/91. Total time and material for this work was $3,638.20. The aforementioned repair cost is fair and equitable and funds are available in the Division of Buildings for this project. REFERRED TO THE COMMITTEE ON LEGISLATION AND BUFFALO SEWER AUTHORITY. No. 51 2133 Genesee St. requests permission to install awning within city right of way Mr. Richard Suchan of Buffalos Expert Service Technician Inc. (B.E.S.T.), located at 2133 Genesee Street, has requested permission to install an awning which would encroach city right of way at said address. The proposed awning would measure thirty-three feet in length. four feet in height. and project two feet from the building face into city right of way. The Department of Public works has reviewed Mr. Suchan's application pursuant to Chapter 413-56 (Awnings. Canopies and Marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown oil plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. FROM THE COMMISSIONER OF PARKS No. 52 REPORT OF BIDS - LASALLE PARK CONCESSION Item # 46, C.C.P. 1/21/92 As authorized by your Honorable Body, this department prepared plans and specification for the LaSalle Park concession. Advertisement for proposal was handled by the Division of Purchase. The March 10, 1992 bids are as follows: NAME OF BIDDER AMOUNT OF BID Nelson Sargent $8,888.00 15 Spann Street Buffalo, NY 14206 Lucian J. Miller $4,444.00 2568 Rte. 39 Collins, NY 14034 I hereby certify that Nelson Sargent was the high bidder for the LaSalle concession in the amount of $8,888.00. Attached are copies of the tabulations and bid proposals. Upon your approval, we will request the Law Department to proceed with drawing up a contract. I respectfully request Your Honorable Body approve the awarding of this concession to the highest responsible bidder. REFERRED TO THE COMMITTEE ON FINANCE. No. 53 REPORT OF BIDS - SMALL CRAFT CONCESSION AT BENNETT BEACH Item # 38, C.C.P. 2/4/92 As authorized by your Honorable Body, this department prepared plans and specification for the small craft concession at Bennett Beach. Advertisement for proposal was handled by the Division of Purchase. The March 10, 1992 bids are as follows: NAME OF BIDDER AMOUNT OF BID 4 C's Sailing Center, Inc. $7,600.00 Bruce Cowe 286 Lakeside Avenue Angola, NY 14006 I hereby certify that 4 C's Sailing Center was the high bidder for the small craft concession at Bennett Beach in the amount of $7,600.00. Attached are copies of the tabulations and bid proposals. Upon your approval, we will request the Law Department to proceed with drawing up a contract. I respectfully request Your Honorable Body approve the awarding of this concession to the highest responsible bidder. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Report of Bids Citywide Playground Renovations - Phase II Item No. 69, C.C.P. 3/05/91 I have asked for and received the following proposals for the Citywide Playground Renovations - Phase II on April 7, 1992. CONTRACTOR BID Gleason Nursery $113,597.55 Sicar Construction 123,599.90 Maplewood Construction 133,695.00 Odessa 135,655.00 Nichter 147,000.00 L.C.P. 156,250.00 Birchgrove Landscaping 163,362.00 American Paving 167,400.00 B.D.R., Inc. 176,214.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Gleason Nursery,, Inc. 4780 Sheridan Drive, Williamsville, New York 14221 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in a Bond Fund set aside for this purpose. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PARKS. FROM THE COMMISSIONER OF POLICE No. 55 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 of the following listed checks: 8155-00090224 $ 2550.00 8155-00090225 $15,045.00 8155-00090226 $13,859.25 8155-00090262 $ 988.55 8155-00090263 $ 1,253.75 8155-00090264 $ 4318.85 8155-00090228 $ 1,1331.18 TOTAL $ 49,346.58 RECEIVED AND FILED. No. 56 1991 STOP DWI Program Item No. 48, C.C.P. July 23, 1991 Please be advised that the 1991 STOP DWI Contract between the City of Buffalo and the County of Erie has been fully executed. A copy of this contract is on file with the Office of Administration and Finance, the Division of Audit and the Division of Administration and Communications within the Buffalo Police Department. RECEIVED AND FILED. No. 57 "TRANSFER JURISDICTION OF M. L. KING PARK ROAD" (C.C.P. # 42 MARCH 31, 1992) The Buffalo Police Department has no objection to the turning over of jurisdiction of the westerly park road/ parking area at Martin Luther King Jr. Park located between the Science Museum and the Science Magnet school on the east and the Kensington Expressway on the west. RECEIVED AND FILED. No. 58 "IGNORANCE COSTS US MONEY" (C.C.P. # 150 March 17, 1992) In regards to Question 13, the following are suggested ways in which the Police Department could raise revenue: REPEATED FALSE ALARMS. An ordinance could be enacted requiring all alarms to be licensed and a fee charged. An extra fee could be charged when Police respond to an excessive number of alarms. FINGERPRINTING (Civil). A fee could be charged to finger print persons for pistol permits and other private purposes. This would require: additional manpower to provide this service. RECORDS SEARCH & CLEARANCE LETTERS. The Identification Section is charging $5.00 and $1.00 fees for certification for record checks. There was no charge for this service prior to January 28, 1992. From the January date to March 31, 1992, $4,527 has been collected for BPD services. CALL BACKS FOR NOISY PARTIES, The usual practice is for the police to warn people the first incident. On a second visit BPD Officers may make an arrest. For the police to charge a person(s) due to a return call is actually fining the person(s). The police in this circumstance would be finding a person(s) guilty and making them pay a fine; an authority that the police do not have. POLICE REPORTS FOR INSURANCE CLAIMS & OTHER POLICE REPORTS. Fees were and currently are charged for this service. In 1991, the BPD collected $9,219.90. From January l, 1992, and the increase in fees on January 28, 1991, $15,602.75 has been collected to March 31, 1992. SPECIAL PATROL SERVICES. Presently, special patrol is provided by private detective and private security firms. If the BPD were to engage in this activity, they would be entering the private security field. The BPD, situations warranted, do provide special patrols locations considered to be likely targets for criminals- however this is done without charge. REPRODUCTION OF POLICE CRIME SCENE PHOTOS & RECORDS IN CRIMINAL DISCOVERY PROCEEDINGS. Records in criminal discovery proceedings are almost always subpoenaed without fee(s) charged. In civil cases, the records are usually under subpoena. Whether fee(s) could be charged in subpoena civil cases is unknown; a Corporation Counsel opinion is required. In 1991, The BPD Photography Lab collected $3,902.00. From January l, 1992, and the increase in fees on January 28, 1992, $1,769.74 has been collected to March 31, 1992. STRICTLY PRIVATE vs STRICTLY PUBLIC POLICE SERVICES. It can be very difficult to make a distinction. Could calls regarding Domestic trouble, Harassment, Check the Welfare, Stranded Motorist, Prowler in yard, Unwelcomed guest and the like be construed to be "private" since it might be said that they only affect the person who calls? Any violation of the State Penal Law could be said to be a public service when investigated by police. These violations are prosecuted in the name of the People of the State of New York. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND THE CORPORATION COUNSEL. No. 59 RESPONSE TO 911 CALLS [ITEM NO. 182, C.C.P, Item 31, 1992) As per your request, enclosed are a tape of the subject calls to 911 and a copy of the B.P.D. Manpower Report (Form P-61) for 2330-0730 hours, Wednesday, December 25, 1991. The procedure is for the 911 Complaint Writer who answers the phone to make out a complaint card (P-92). The card is then stamped and placed on a conveyor belt which moves it to an adjoining room in which there are two radio dispatchers. Mr. Louis Oshier, the Erie County Coordinator at 911, said he talked to the two complaint writers that answered the calls. Neither can remember the call in question. Every 24 hours, 800 to 1,000 complaint cards are tide out at 911. Many more calls are answered where there is no card made out for calls for directions, advice, or calls referred to another City or County agency. Had the card reached a dispatcher, he presumably would have dispatched the call to a car as soon as possible. One radio dispatcher noted that they have children, and they would be very concerned about a call concerning the welfare of a little child. Three radio dispatchers worked that night. All three have been interviewed and have made written statements that they do not recall anything about the calls in question. At the present time, it has not been possible to determine what happened to the complaint card and why the call was not dispatched. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 60 "Abandon/Close Beckwith St." (C.C.P. # 44 March 17, 1992) The Buffalo Police Department has no objection to the abandonment/closure of Beckwith Street between Madison Street and Sycamore Street. REFERRED TO THE COMMITTEE LEGISLATION. No. 61 "I. Evans-Illegal Repair Shop-495 Hewitt" (C.C.P. # 90 March 17,1992) On March 17, 1992, this Department responded to a letter initiated by Councilmember Archie L. Amos, with a copy furnished Charles Michaux, the City Clerk. This letter read as follows: In regards your February 23, 1992 letter concerning illegal car repairs at 495 Hewitt Avenue, I directed Inspector David Caruso to investigate and report on the content of your letter. I have been informed that our Police Community Service and Precinct 816 personnel looked into the alleged illegal activity. Officer Patrick Gray, of Community Services, delivered a Kensington-Bailey Block Club letter to the occupant of 497 Hewitt (Irving Evans) to assist him in resolving this alleged problem with the occupant of 495 Hewitt (Mr. Waczkowski). Officer Gray did not observe any signs of car repairs being done at 495 Hewitt. Mr. Waczkowski, in a telephone conversation with Officer Gray, denied the allegation and stated he was not willing to resolve this problem with his neighbor Mr. Evans. The City of Buffalo Housing Inspection office also looked into the alleged activity and observed no sign of car repairs. As the Inspection office does not work after 4PM, personnel of Precinct 816 were asked to assist in monitoring this address in the evening hours; the alleged time of illegal activities. Mr. Evans was advised to document his complaint by calling the 911 system should this alleged activity continue. This complaint has not been resolved between the neighbors involved however Department personnel will continue to monitor this complaint as priorities and manpower constraints permit. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF FIRE No. 62 Jurisdiction of the westerly park road/ parking area at Martin Luther King Jr. Park Item 1142, C.C.P. 3-31-92 The above subject matter has been referred to this Department for review and comment. The Fire Department has no objections to the proposal in transferring jurisdiction of the westerly park road/ parking area at the Martin Luther King Jr. Park to the Buffalo Board of Education on the following conditions: That the road and water/fire hydrants are maintained so as to be accessible to the Fire Department apparatus for use. RECEIVED AND FILED. FROM THE CORPORATION COUNSEL No. 63 Settlement of Collection Matter City of Buffalo v. Kimberly Buster and Wilson Brown On September 2, 1990 a vehicle owned by Kimberly Buster and driven by Wilson Brown was involved in a traffic accident with a City of Buffalo police vehicle at the intersection of Route 198 and Humboldt Pkwy. No claim was filed by either Kimberly Buster or Wilson Brown pertaining to this accident. The amount of the City's claim in this matter is $2,239.05; $1,789.05 for wages paid in excess of No-Fault insurance benefits under General Municipal Law section 207C paid on behalf of Police Officer William Crawford who was injured on-duty during the course of this accident. Additionally, police vehicle [1916 has been damaged in the amount of $450.00. GEICO Insurance, the carrier for Ms. Buster, has offered to settle this matter for the sum of $2,015.15 or 90% of the City's claim. The Law Department recommends acceptance of this settlement for the following reasons: If this settlement is not accepted, the City of Buffalo would have to commence its own law suit. Furthermore, additional costs would be incurred in placing this case on the trial calendar and in discovery costs. Therefore, it is respectfully requested that Your Honorable Body authorize the Corporation Counsel to settle this matter for the sum of $2,015.15. Mr. Fahey moved: That the communication from the Corporation Counsel, dated March 26, 1992, be received and filed; and That the Corporation Counsel be and he hereby is authorized to settle the claim against GEICO Insurance, carrier for Kimberly Buster and Wilson Brown resulting from an accident involving a City of Buffalo Police vehicle in the sum of $2,015.15, representing 90% of the City's claim. PASSED. AYES- 13 NOES- 0. No. 64 REMOVAL OF A MEMBER OF THE BOARD OF ASSESSMENT & REVIEW Your request for an opinion and or recommendation regarding the removal of a member of the Board of Assessment and Review has been received by this Office. We are in the process of preparing a response and will provide it in the near future. RECEIVED AND FILED. No. 65 Result Private Sale - 764 Kensington Item No. 166, C.C.P., 3/31/92 Council President Arthur has asked whether the Comptroller can commence private negotiations for the sale of city-owned property without prior Council approval, subsequent to an auction of such property which had prior Council approval. Item No. 198, C.C.P., May 16, 1978 establishes the procedures governing city-owned property not acquired for municipal purposes. This item deals with in-rem properties acquired by the City. The Kensington Avenue property which is the subject of this opinion was acquired through in-rem and is thus, subject to the procedures established by Your Honorable Body. The aforesaid item is very lengthy, and ostensibly comprehensive, but it does not specifically treat the issue in question. However, it generally provides that the Comptroller indeed has general authority to entertain and negotiate private sales without the Council's prior approval provided that the results of such negotiations are then reported to the Council for its approval or to receive and file the offer. The only prohibition vis-a-vis an auction authorized by the Council is that the Council is bound "to honor the high bid made at a public auction and effect a sale of the property to the highest bidder. Informal bids of a higher amount made for any parcel sold at a public auction, after the auction sale, will not be recognized or considered." That is not the case here: No bids were received at the auction which met the opening bid price required by the Comptroller. Therefore, there was no obligation to honor that bid. The fact that the offer presently before the Council was made subsequent to the auction does not fall within the purview of the prohibition. The general authority of the Comptroller to receive and negotiate offers as per the approved procedures then comes into play. Your Honorable Body now has the power to approve the negotiated offer or to receive and file it. RECEIVED AND FILED. No. 66 Transfer jurisdiction of Martin Luther King Park Road Item No. 42, C.C.P., 3/31/92 The Department of Law has reviewed this request and has no legal objection to Your Honorable Body granting responsibility for the maintenance, repair and improvement of the above-described area jointly to the Buffalo Museum of Science and the Buffalo Board of Education. RECEIVED AND FILED. No. 67 Consolidate Water Division and the Buffalo Sewer Authority Item No. 184, C.C.P., 3/31/92 The Buffalo Sewer Authority was created by the New York State Legislature by enactment of Chapter 870 of the Laws of 1939 as Title 8 of the Public Authorities Law. The Division of Water of the Department of Public Works of the City of Buffalo is authorized by the City Charter, Article 10, Section 174)(c). Section 189 provides for a Director of Water and Section 190 specifies the duties and powers of this office. Consolidation of the two entities would require amendments of the aforesaid statute and charter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 68 INCREASE FEES FOR LOAD ZONE PERMITS HOUSE MOVING PERMITS Item No. 36, C.C.P., 3/31/92 Your request for an opinion and or recommendation regarding increasing fees for load zone permits, hauling permits and house moving permits has been received by this Office. We are in the process of preparing a response and will provide it in the near future. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 Local 282 - Firefighters Arbitration Award Item No. 43, C.C.P., 2/4/92 This is in response to your inquiry regarding legal fees paid to the law firm of Flaherty, Cohen, Grande, Randazzo & Doren. The legal bills were itemized for the work performed. The legal work related to various labor issues involving the Fire Department. The firm assisted the Department of Labor Relations with contract negotiations, mediation and interest arbitration with the Firefighter's Union for the last two years. This included reviewing data from other municipalities, preparing for and handling the interest arbitration. The firm also handled a class action arbitration involving out of title work and rank for rank replacements when firefighters call in sick. The exposure in that case was estimated to be approximately $1.5 million per year in extra salary costs if the City lost the arbitration. Due to the excellent work of this firm, the City prevailed in this class action grievance arbitration. The firm also handled a number of PERB matters which related to issues which were the subject of negotiations. The same law firm also assisted the Department of Labor Relations in contract negotiations with the Buffalo Police Benevolent Association. A portion of the bills referenced in the Council item related to negotiations with the BPBA. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 70 Privatization of Bulk Trash Pick Up Item No. 181, C.C.P., March 31, 1992 The Common Council has requested the Corporation Counsel to look into the possibilities of the privatization of bulk trash pick up that exceeds the four (4) cubic yards limit as stated in the City Charter. It should be noted at the outset that it is Section 216-15 (H) (1) of the Code that limits to four (4) cubic yards the placement of trash and rubbish in front of properties; there is no such limitation in the City Charter. With respect to the possibilities of the privatization of bulk trash pick up exceeding the four cubic yards limitation, consideration must be given to any applicable contractual obligations contained in the Collective Bargaining Agreement between the City and AFSCME Local 264. Under the provisions of said agreement, contracting out or subcontracting of any public work performed by bargaining unit employees is prohibited if it results in the displacement of such employees. Thus, it would be necessary for the Streets Department to determine whether pick up of bulk trash by a private enterprise would have the effect of displacing bargaining unit employees. Further consideration must be given to the potential that privatization might violate the Taylor Law. Specifically, the question turns to whether the subject duties have been performed exclusively by bargaining unit employees and whether the tasks would be substantially similar to those previously performed by the unit employees. Irrespective of any potential contractual or Taylor Law obligation to negotiate, the City could always initiate negotiations with the Union in an attempt to achieve the desired privatization. Finally, in the event privatization of bulk trash pick up is both desirable and feasible, it would be advisable to amend the Code to make provision for same so that the property owner could be properly charged. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. No. 71 Privatization of the Streets Department Item No. 180, C.C.P., March 31, 1992 The Council has requested that the Law Department comment regarding the concept of privatization of the Streets Department as it relates to the ability of said Department to keep the streets clear of snow, garbage and debris. The first comment raised by this Department would concern the impact privatization would have on the current employees of the Streets Department. Under the Collective Bargaining Agreement between the City and AFSCME Local 264, contracting out or subcontracting of any public work performed by bargaining unit employees is prohibited if it results in the displacement of such employees. Secondly, is the potential that any such privatization of the Streets Department would violate the Taylor Law. The initial point of inquiry rests with an examination of whether the subject duties had been performed exclusively by bargaining unit employees and whether the reassigned tasks would be substantially similar to those previously performed by the unit employees. Input and discussion with representatives from the Streets Department would be necessary before further comment can be issued on any potential Taylor Law violation. Lastly, irrespective of any potential contractual or Taylor Law obligation to negotiate, the City could always initiate negotiations with the Union in an attempt to achieve the desired privatization. As further information concerning this concept is provided, this Department would be able to elaborate upon the above-referenced comments. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. No. 72 Freeze City Department Spending Item No. 178, C.C.P., March 31. 1992 Please be advised that in my opinion the above-referenced item is beyond the powers of the Common Council insofar as it mandates action by the Comptroller or delegates authority to the Board of Review. If Your Honorable Body wishes to look at those provisions of the Charter which deal with amendments to the budget after its adoption, I would direct your attention to Article 3, Sections 40, 41 and 42. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 73 F. O'Connell - Request to erect a one-story storage building at an existing junk yard. Item No. 90, C.C.P., March 3, 1992. Attached for your information is the Short Environmental Assessment Form and attached soil analysis for the matter referenced above. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated April 7, 1992, be received and filed; and That "F. O'Connell - Request to erect a one-story storage building at an existing junk yard" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 13 NOES- HIGGINS-1. No. 74 J. Gimbrone - Request to erect a two-story masonry addition and permission to encroach in the right-of-way of 518-524 Niagara St. Item No. 102, C.C.P., March 31, 1992. Attached for your review is the Short Environmental Assessment Form for the project captioned above. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated April 7, 1992, be received and filed; and That "J. Gimbrone - Request to erect a two-story masonry addition and permission to encroach in the right-of-way of 518-524 Niagara Street" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 75 Abandonment and Sale of Piper Street Item No. 15, C.C.P. 2/4/92 The Division of Planning certifies that the abandonment and sale of Piper Street will have no effect on the proposed route of the Scajaquada Pathway so long as the City retains a fifteen (15) foot wide non-exclusive easement along the east property line of the Piper Street right-of-way. This required easement is identified in the attached correspondence from the Division of Planning to Tops Markets, Inc. dated March 18, 1992. Tops Markets, Inc. has agreed to this condition (see attached letter dated March 27, 1992). RECEIVED AND FILED. No. 76 Authorize Acceptance of Erie County Funds - Scajaquada Pathway Phase B Project The County of Erie has submitted a fund transfer agreement to the City of Buffalo which will allow the County to transfer up to $100,000 to the City for the design of the Scajaquada Pathway Phase B project. The County will share the cost of project design on a 50% County-50% City ratio up to the $100,000 cap. The County's share will be provided through 1990 and 1992 County of Erie Budget appropriations. The City's matching share will be provided through Capital Planning Project Reserve Fund No. 200-061001. A second transfer agreement for construction funds will be negotiated with the County upon completion of the schematic design phase. We request your Honorable Body approve an appropriate resolution authorizing acceptance of the County funds by the City, authorizing the Mayor of the City of Buffalo to execute the fund transfer agreement tendered by the County of Erie, authorizing the Mayor to execute whatever documents may be necessary for the receipt of said funds, and directing the Comptroller of the City of Buffalo to establish a Trust and Agency Account to account for these funds. In addition, we request permission to retain the services of an architectural/engineering/planning firm to design Phase B of the Scajaquada Pathway project. RECEIVED AND FILED. No. 77 Change Order Il (Increase $8,667.92) C.V.M. Electric - Schiller Park Senior Citizens Center - New Addition 1. Redesign to exterior electrical service and interior service to facilitate and expedite electrical service to building and interior design change to offset exterior service increase and Center's program changes. a. Charge for exterior electric service change $10,277.24 b. Credit for interior electric service change -3,998.61 c. Credit for exterior trenching credit vs charge for service pit and extra bollard posts as per power company directive -39.00 d. Charge for interior lighting changes for redesign of existing Mechanical Room 180.00 6,419.63 2. Kiln feeder circuit rewired 409.34 3. Saturday telephone service installation 828.25 4. Electrical office revisions in new addition 498.67 Subtotal $ 8,155.89 5. Emergency telephone repair 184.53 6. Alternate light fixture - upgrade 327.50 Grand Total $ 8,667.92 The original contract (86320005) amount was $77,990. The new contract amount including this change order is $86,657.92. Funds are available in Bond Fund Accounts 200-717-059 and 066. Mr. Fahey moved: That the communication from the Department of Community Development, dated March 25, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order to C.V.M. Electric, in the amount of $8,667.92 for additional work relating to the Schiller Park Senior Citizens Center - New Addition, with said cost to be charged against the Bond Fund Accounts 200-717-059 and 066. PASSED. AYES- 13 NOES- 0. No. 78 Change Order # 1 (Increase $4,315.06) H&M Plumbing - Schiller Park Senior Citizens Center - New Addition A. Provide and install 2" 909 backflow preventor, future meter installation and 3" floor drain as per request of Buffalo Department of Water and BURA $1,228.92 B. Provide and install 8" house trap with fresh air inlet on new storm sewer as requested by Buffalo Department of Public Works inspector 594.78 C. Omit D. Provide and install one exterior wall hydrant on south wall addition as per BURA request. 373.00 E. Moving an 8" and 6" storm conductor. 1,793.36 F. Raising manhole cover. 325.00 Total $4,315.06 The original contract (86310005) amount was $55,468. The new contract amount including this change order is $59,783. Funds are available in Bond Fund Accounts 200-717-059 and 066 for this work. Mr. Fahey moved: That the communication from the Department of Community Development, dated March 25, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order #1 to H&M Plumbing, in the amount of $4,315.06 for additional work relating to the Schiller Park Senior Citizens Center - New Addition, with said cost to be charged against the Bond Fund Accounts 200-717-059 and 066. PASSED. AYES- 13 NOES- 0. No. 79 Increase in Contract 91547100 Pilot Field Interim Improvements Phase I - Electrical I hereby submit to Your Honorable Body the following Change Order on Contract 91547100 with Industrial Power and Lighting Corporation for the electrical construction of the Pilot Field Interim Improvements Phase I: 1. Additional work on high voltage switch gear and recloser complete with new ground buss and wiring harness and "S" switch on time and material basis. ADD $1,150.53 SUMMARY: Original Contract Amount $124,870.00 Change Order No.1 ADD 3,600.00 Change Order No.2 ADD 10,955.00 Change Order No.3 ADD 19,122.54 Change Order No.4 ADD 1,091.15 Amount of this Change Order No.5 ADD 1,150.53 Revised Contract Amount $160,789.22 These changes could not be foreseen at the time the contract was let. Costs have been reviewed by the Project Architect, Hellmuth, Obata and Kassabaum, Inc., and the Department of Community Development and found to be fair and equitable. Funds for this additional work are available in Capital Enterprise Account No. 415-717-101. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a Change Order to Industrial Power and Lighting Corporation, as set forth above. Mr. Fahey moved: That the communication from the Department of Community Development, dated April 7, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order to Hellmuth, Obata and Kassabaum, Inc., in the amount of $1,150.53 for additional work relating to Pilot Field Interim Improvements Phase I - Electrical, with said cost to be charged against the Capital Enterprise Account 415-717-101. PASSED. AYES- 13 NOES- 0. No. 80 Fees for Environmental Quality Review The Department of Community Development has reviewed the Council resolution regarding "Fees for Environmental Quality Review work done by the City," Item No. 165, C.C.P., March 31, 1992. The proposed ordinance amendment adds to the administration's proposal introduced on February 5, 1991, subsequently enacted on February 19, 1991. You will recall that ordinance amendment placed a surcharge for SEQRA matters involving requests for re-zonings and restricted use permits as well as many other fee changes. With respect to the proposed ordinance amendment, we offer the following comments. The imposition of fees by the City for reviews involving the National Environmental Protection Act (NEPA) has been discussed informally with HUD staff who expressed various concerns. They have requested that we officially present the question to them for their review. The imposition of a fee for SEQRA reviews within the Department of Community Development, since it involves many boards and responsibilities, must be carefully structured. Capital budget projects involving city projects require SEQRA reviews. We don't believe charging the City a fee for SEQRA reviews accomplishes the intent of the ordinance. However, implementing a SEQRA surcharge for the fees that are in place for the Buffalo Preservation Board, and an increase for the present surcharge for the City Planning Board would be appropriate. It is the opinion of the Department that a flat fee be utilized rather than a per page charge. The flat fee would be simpler to administer. A per page charge does not accurately reflect the amount of time necessary to prepare these reviews. We would appreciate an opportunity to discuss this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 81 Assisting City Centre Project Item No. 194 C.C.P. March 17, 1992 Your Honorable Body authorized this Department to negotiate a multi-party agreement to provide financial assistance to the City Centre Project. The terms of the agreement have been negotiated, however, the final draft of the agreement will not be available until later in the week. In order to expedite this matter, I respectfully request you refer the matter to Committee. Prior to the Committee meeting the final agreement will be distributed to the entire Council. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 82 Status Report on Implementation of Bulk Trash Plan Item # 196, C.C.P. March 17, 1992 At the present time we have mailed over 500 copies of the maps and also the Bulk Trash Schedules to Block Clubs throughout the City in addition to copies sent to 17 Community based organizations. A Press conference was held by the Mayor on March 26th. at which time the Trash Schedule was announced. Copies of the maps and trash schedules were sent to all Councilmembers. I will also be attending Block Club Meetings upon request. We have also notified the Local newspapers of the 1992 Trash Schedule. RECEIVED AND FILED. No. 83 TIME CLOCKS FOR STREETS DEPARTMENT ITEM # 171, C.C.P., MARCH 3, 1992 At this time the Department of Street Sanitation has no recommendations for the use of time clocks. We presently are restructuring the department and consolidation of functions are being considered After we have everything in place and the department running in the right direction, I will forward all pertinent information in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 84 Removal of Additional Asbestos on the property known as 124 Edna Place aka School No. 48 CCP Item # 108 dated 10/1/91 During the demolition of old School No. 48 aka 124 Edna Place, additional asbestos was found between the exterior boiler plate and the fire brick of two boilers at this location. During the wrecking procedure these units were damaged causing the asbestos containing material to be exposed to free air. Demolition activities were stopped on the area surrounding these units and were temporarily sealed to avoid future contamination. Due to the emergency condition on this site, an emergency proposal and specifications were prepared by our department on or about March 13, 1992. Bids were solicited from: Zeon, Inc., Peerless Environmental, Integrated Waste Special Services, and Asbestos Removal Services Bid packages were made available to these contractors. On March 16, 1992 bids were opened in Room 304 City Hall at 10:00 am. The three responding companies and their bids are: Peerless Environmental $38,425.00 Integrated Waste $40,000.00 Asbestos Removal Services $51,421.00 Please be advised that we have accepted the low emergency bid from Peerless Environmental Controls, Inc. A Notice to Proceed has been sent to start work on or before April 6, 1992 and to be completed on or about May 5, 1992. Upon completion of this project Integrated Waste Special Services will complete the demolition of the boilers and the final grading. We therefore respectfully report this action to your honorable body and state that the cost of the project be charged to this department's Capital Outlay Account # 100-241-085-00-900. REFERRED TO THE COMMITTEE ON FINANCE. No. 85 Cancellation of Demolition Bids In reference to Common Council Proceedings No. 52 dated 11/12/91, we wish to supply you with the following information. On 10/18/91 bids were taken on various properties. The property being addressed in this communication is 21-23-25 Box Avenue in the City of Buffalo. The low bid to demolish this property by Lebis Contracting of $8700 was accepted and reported to Council. ] Since this time we have received a show cause order stopping this demolition. This matter has been cleared up Please be advised that this bid is being cancel led and the property will be re-bid in a different manner. On March 25, 1992 Mr. Phillip Hill applied for a Building "Repair" permit for the masonry garage located at 23 Box Avenue. Also on this date Mr. Hill applied for a zoning variance to leave the brick and block garage on this parcel. In our new bid we will demolish the houses located at 21-23-25 Box. Mr. Hill is, going to make arrangements with the City of Buffalo to make full restitution for the cost of this demolition. Mr. Hill will also be responsible for the repair and maintenance of these parcels. We therefore respectfully report to your honorable body and inspections made by this department that this bid be cancel led and shall not be charged to the Special Assessment Fund #500-000-002-00000. RECEIVED AND FILED. No. 86 PROTEST DEMO CHARGES FOR 414 GLENWOOD CCP DATED MARCH 17, 1992 ITEM No. 93 With regard to the above subject property, please be advised the Fire Department deemed this property an emergency after a fire. It is our obligation to demolish the property within 24 hours after it has been declared an emergency. All State and city laws have been observed and followed with regard to this demolition. REFERRED TO THE COMMITTEE ON FINANCE. No. 87 REQUEST TO FORGIVE DEMO COSTS 501 GOODYEAR CCP DATED MARCH 17, 1992 ITEM NO. 152 With regard to the above subject property, please be advised demolition was completed on November 6, 1991. All State and City laws have been observed and followed. Proper notification of all parties have been delivered and all proper procedures were followed with regard to this demolition. REFERRED TO THE COMMITTEE ON FINANCE. No. 88 ILLEGAL REPAIR SHOP - 495 HEWITT CCP DATED MARCH 17, 1992 ITEM NO. 90 With regard to the above subject property please be advised an inspection was made on February 26, 1992; -at which time the inspector reported no evidence of auto repairing. Unfortunately the complainant states this work is being done in the evenings. We do not work in the evenings, therefore it has been suggested this matter be handled by the Police Department. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 89 Community Wide Urban Renewal Homestead Program Approval of amendment to Land Disposition Agreement Masten New Housing Project Phase IIB BBZ Development Company The City of Buffalo Urban Renewal Agency duly designated BBZ Development Company, and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving amended Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 90 CERTIFICATE OF APPOINTMENT Appointment to become effective April 7, 1992 in the Department of Inspections & Community Revitalization, Division of Housing & Property Inspections, David J. Pierowicz, 91 Radcliffe Rd., Buffalo, NY 14214 to the position of Chief Electrical Inspector, permanent at the starting salary of $32,380. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 91 Comments on Benefits of NYHEALTH Item # 169 ,C.C.P., 12/31/91 Item # 176 ,C.C.P., 3/17/92 In order to respond appropriately on the potential benefit of NY HEALTH we have requested a copy of the proposed legislation from Council Staff. They will forward this proposed legislation as soon as they obtain a copy. Once we receive this information we will review, analyze and provide comments to the Council. This response will be filed with the Common Council by Thursday April 23, 1992. This change in a response date from April 9, 1992 was recommended by Council Staff. REFERRED TO COUNCIL STAFF. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 92 Ending Dates for Lighted Schoolhouse Programs For your information, listed below you will find the closing dates for this years Lighted Schoolhouse Program. Should You wish to appropriate additional funds for the extension of these programs, or for the creation of a summer youth program we would be willing to meet at your convenience. Ending Dates for 1991 - 92 LSHP School Projected Closing Date #28 Wednesday, May 20, 1992 #37 Wednesday, May 20, 1992 #38F Tuesday, May 26, 1992 #38Y Wednesday, May 27, 1992 #40 Wednesday, June 17, 1992 #44 Wednesday, April 8, 1992 #45 Monday, May 26, 1992 #54 Tuesday, April 28, 1992 #56 Thursday, May 7, 1992 #63 Wednesday, May 20, 1992 #68 Tuesday, May 26, 1992 #81 Wednesday, April 29, 1992 #91 McKinley Tuesday, May 19, 1992 #92 MLK Casino Thursday, June 25, 1992 #95 YMCA Saturday, April 25, 1992 #96 Campus East Monday, May 6, 1992 #97 MLK Monday, May 18, 1992 #98 BUILD Monday, April 6, 1992 #99 Traditional Thursday, March 26, 1992 REFERRED TO THE COMMITTEE ECONOMIC DEVELOPMENT. No. 93 CERTIFICATE OF APPOINTMENT Appointment to become effective April 6, 1992 in the Department of Human Resources, Division of Substance Abuse, Donald McReynolds 303 North St. Apt. # 54 -Buffalo 14201 to the position of Counselor II, Temporary at the starting salary of $22,237.00 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 94 CERTIFICATE OF APPOINTMENT Appointment to become effective April 2, 1992 in the Department of Human Resources, Division of Youth, Richard May, 33 Beatrice St., Buffalo, NY 14207 to the position of Program Director YAAP, Temporary at the starting salary of $32,607. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 95 Notice of Hearing Renaming Delaware Park Lake as "William B. Hoyt Lake" (Item No. 174, March 31, 1992) I hereby inform you that a public hearing has been scheduled on the above matter. This hearing is to be held before the Common Council at its regular meeting of April 14, 1992, at 2:00 P.M., in the Council Chamber. The notice of hearing was properly published, on April 3 and April 10 in the Buffalo News, and a copy of said publications are attached hereto. RECEIVED AND FILED. No. 96 Take from Table Renaming Delaware Park Lake as "William B. Hoyt Lake" (Item No. 174, C.C.P., March 31, 1992) Mr. Fahey moved that the above Item (No. 174, C.C.P., March 31, 1992), which is the subject of a hearing scheduled for this day before the Common Council, is hereby taken from the table, and is now before the Common Council for its consideration. Seconded by Mr. Bell. ADOPTED. No. 97 Hearing Renaming Delaware Park Lake as "William B. Hoyt Lake" (Com. 174, C.C.P., March 31, 1992) Mr. Fahey moved that the above item is properly before the Common Council and the hearing be opened. Appearances -- In favor Sam Hoyt III, Susan Hoyt, Beth Blum Opposed- None. Mr. Fahey moved that the hearing be closed. CARRIED. Mr. Fahey now moved that the name of the Delaware Park Lake be changed to the William B. Hoyt Lake, and the City Clerk is directed to send notifications of said change pursuant to Section 286-5 of the Ordinances. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 98 Proposed Water Authority Reports At the request of the Chairman of the subcommittee on the proposed water authority, the following reports have been filed with the City Clerk: City of Buffalo Department of Public Works Division of Water Comprehensive Water Study- June 1989 Financial Feasibility Report City of Buffalo Water System June 1991 Copies of these previously filed reports are available to all councilmembers. REFERRED TO THE COMMITTEE ON FINANCE. No. 99 Authorization to Destroy Damaged Public Safety Records As per our telephone conversation this dare, please be advised that all the records of the now defunct department of Public Safety -from 1943-1956 (approximately 120 cubic feet)- are damaged beyond restoration due to leaking sewer pipes and the City of Buffalo is requesting that these records be destroyed immediately due to health reasons. Your approval is greatly appreciated. RECEIVED AND FILED. On behalf of the Commissioner of Education, pursuant to Section 185.6 (b) of 8NYCRR (Commissioner's Regulations), SARA grants the City of Buffalo consent to dispose of certain public safety records damaged beyond restoration due to leaking sewer pipes, as requested in your letter of March 31st. Region 8 RAO James Tammaro has verified the gravity of the situation and agrees that these records are beyond salvage. Please let me know if you have any questions or need any additional information. No. 100 Notification of Disposition of City Records The following department(s) requested to dispose of city records as indicated on the attached form(s). I have authorized the disposition of these records in my capacity as City Records Management Officer. Assessment RECEIVED AND FILED. No. 101 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 474 Abbott Rd. J. Jemiolo & S. Jemiolo 1241 Lovejoy Ganci's Ganci's Express Food Mart RECEIVED AND FILED. No. 102 Leaves of Absences Without Pay I transmit herewith communications received by me, reporting the granting of leaves of absences without pay, in the various departments as listed: Assessment- David Adamski, Robert Quinn Public Works- William Phillips, John Loffredo Fire- Frank Weimer Inspections and Community Revitalization- G. Hardwick Brown Human Resources- Richard May RECEIVED AND FILED. No. 103 Reports of Attendance Various Boards, Etc. I transmit herewith communications received by me from various Boards, Commissions, Agencies and Authorities, reporting the membership attendance at their respective meetings: Board of Stadium and Auditorium City Planning Board Emergency Medical Services Board Municipal Housing Authority Zoning Board of Appeals RECEIVED AND FILED. No. 104 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 March 30, 1992 in the Department of the City Clerk, Michele A. Graves, 116 Fairfield, Buffalo, N.Y. 14214 to the position of Intern III, Seasonal at the starting salary of $5.00 per hour. Appointment to become effective April 7, 1992 in the Department of the City Clerk, Douglas E. Covell Jr., 43 Boyd St., Buffalo, NY 14213. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- LOTEMPIO- 1.* * Mrs. Lotempio voted in the negative on the appointment of M. Graves only. No. 105 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF AUDIT AND CONTROL Appointment to become effective April 8, 1992 in the Department of Audit & Control, Division of Accounting, Roberta Coax, 60 Clayton St., Buffalo, NY 14207 to the position of Assistant Accountant, Temporary at the starting salary of $24,020. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective April 8, 1992 in the Department of Public Works, Division of Engineering to the position of Laborer I, seasonal at the starting salary of $5.98 per hour. Samuel Giancarlo, 89 Delsan Court, Buffalo, NY 14216 Donald R. Palmer, 202 Vermont, Buffalo, NY 14213. Appointment to become effective March 30, 1992 in the Department of Public Works, Division to the position of Bridge Operating Engineer, Seasonal at the starting salary of $7.02 per hour. William J. Patterson, 116 South St., Buffalo, NY 14204 Joseph M. Masi, 907 Niagara St., Buffalo, NY 14213. Appointment to become effective March 31, 1992 in the Department of Public Works, Division of Engineering, Donald J. Poleto, 88 Payne Ave., Buffalo, NY 14220 to the position of Bridge Operating Engineer, Seasonal at the starting salary of $7.02 per hour. Appointment to become effective March 30, 1992 in the Department of Public Works, Division of Buildings Heather M. Mills, 120 No. Ogden St., Buffalo, NY 14206 to the position of Typist, Temporary at the starting salary of $17,630. FROM THE DEPARTMENT OF STREET SANITATION Appointment to become effective March 30, 1992 in the Department of Street Sanitation to the position of Laborer II, Seasonal at the starting salary of $6.65 per hour. Kevin G. Banes, 3 Indian Orchard Place, Buffalo, NY 14210 Aaron Bell, 55 Purdy Street, Buffalo, NY 14208 Shannon V. Long, 134 Ramsdell Ave., Buffalo, NY 14216 Leonard J. Merlo, 332 Grant Street, Buffalo, NY 14213 Hubert W. O'Connor, 1553 Hertel Avenue, Buffalo, NY 14216 William J. Rieman, 143 Ramona Avenue, Buffalo, NY 14220 Jules A. Stover, 254 Watson Street, Buffalo, NY 14206 Gregory R. Wagner, 47 VanRensselaer St., Buffalo, NY 14210 Appointment to become effective April 6, 1992 in the Department of Street Sanitation, Wilson B. Vasquez, 101 Lakeview, Buffalo, N.Y. 14201 to the position of Laborer II, Seasonal at the starting salary of $6.65 per hour. Appointment to become effective April 8, 1992 in the Department of Street Sanitation to the position of Laborer II, Seasonal at the starting salary of $6.65 per hour. Mark J. Bonadonna, 135 Stratford, Buffalo, New York 14216 James C. Cavanaugh, 96 St. Joseph Ave., Buffalo, NY 14211. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment to become effective March 26, 1992 in the Department of Human Resources, Division of Youth, Wayne D. Smith, 45 Dart St., Buffalo, NY 14213 to the position of Attendant, Temporary at the starting salary of $4.25 per hour. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCE NON-OFFICIAL COMMUNICATIONS No. 106 BAILEY/AMHERST DISTRICT MGMT. ASSOC., INC. Bailey-Amherst Business Improvement District 1992 - 1993 Budget Attached for your review and consideration, is the proposed budget for the continued operation of the Bailey Amherst Business Improvement District. The budget approved by the Board of Directors of the Bailey Amherst District Management Association, Inc., at its meeting of March 17, 1992, is submitted to you for inclusion in the 1992 - 1993 City Budget. The funds will be raised by special assessment on the properties within the District in accordance with the procedures of the City Business Improvement District Law, a part of the General City Law of the State of New York. Representatives of the Management Association are available to discuss the program with you if you so desire. 1992 - 1993 Operating Budget Bailey Amherst Business Improvement District I. Maintenance a) Pavement maintenance including, but not limited to, sweeping sidewalks, picking up litter, emptying litter receptacles, etc. b) Landscape maintenance including, but not limited to, maintaining tree grates, care of shrubs and flowers in planters etc. All services to be provided by independent contractors. $7,335 II. Snow Removal Services a) Annual contract with private snow removal firm. 3,900 III. Security a) Security guard on foot (up to 60 hours weekly.) 10,536 IV. Advertising and Promotion a) General advertising to promote district identity, using a variety of media. 1,722 V. Administration a) Legal services, at hourly rates 1,500 b) Accounting/Audit 750 c) Insurance 228 d) Supplies/Postage 93 e) Administrative Support 3,000 VI. Other a) Installation and removal of seasonal decorations 2,500 b) Miscellaneous 1,046 VII. Budget/Collection Contingency a) Contingency for unclassified expenses and reserve for slow payments of assessments 2.500 $35,110 Mr. Fahey moved: That the communication from the Bailey-Amherst District Management Association, Inc. dated April l, 1992, be received and filed; and That the proposed budget for the continued operation of the Bailey-Amherst Business Improvement District attached thereto, and approved by the Board of Directors of the Management Association be, and hereby is approved for inclusion in the 1992-93 City Budget, provided the funds therefor will be raised by special assessment on the properties within the District in accordance with the procedures of the City Business Improvement District Law. PASSED. AYES- 13 NOES- 0. No. 107 BOARD OF ETHICS Opinion - Conflict of Interest M. Timboli Reference is made to your letter to me dated February 24, 1992 which requests an opinion of the City of Buffalo Board of Ethics as to the propriety of your conduct as a member of the Police Reorganization Commission in connection with matters involving property owned by your clients. The Board carefully review your action as outlined in the letter, beginning at the time when you first discovered a possible conflict between your interest as a Commission member on the one hand and as an attorney for parties interested in the matter before the Commission on the other. We unanimously agreed that you acted with complete propriety. The Board further wishes to commend you not only on your conduct as a member of the Commission but, also, in seeking our review and our opinion in respect thereof. We believe that this incident exemplifies the ideal operation of the Code of Ethics. RECEIVED AND FILED. No. 108 BRYANT & STRATTON Change in School Curriculum We are taking this opportunity to respond to the concerns raised in resolution # 172 C.C.P. March 3, 1992. We would have appreciated the opportunity to respond prior to passing this resolution, however, you did not provide us that opportunity. Bryant & Stratton employs more than 400 people in the Buffalo area and contributes significantly to the economic base of this community and has done so for 138 years. We think you should have taken this into account before adopting the resolution. Before responding to the specific questions raised, we feel it necessary to share with you the Mission of Bryant & Stratton. This mission is communicated in several forms most notably in our college catalog (see attached). Our mission is as follows "Bryant & Stratton serves the needs of students, employers, and its communities by providing quality career education, training and developmental skills which enable individuals to assume meaningful positions in the marketplace." This statement reflects what Bryant & Stratton represents and our actions are driven by this mission. Implied in this mission statement is the need to maintain a contemporary, relevant curriculum as dictated by a dynamic work place. In meeting employer demands, Bryant & Stratton maximizes the job placement and salary opportunities for our graduates commencing careers. The dynamics of the job market require Bryant & Stratton to maintain a constant awareness of shifting employer requirements. Bryant & Stratton maintains an awareness through our Placement Departments, Advisory Boards and Industry data. The recent changes in our Commercial Art Program reflect changing employer demand. To continue to teach skills no longer deemed the most needed in the "world of work" would be a disservice to our students and employers alike. In fact; by doing so your issue of "ethics" truly emerges. Attached is a letter, dated January 13, 1992, from the State Education Department granting approval for us to enhance our curriculum. This is the process all degree-granting colleges must follow to change curriculum in New York State. Obviously, these curriculum changes were proposed and approved after a great deal of work and coordination on the part of Bryant & Stratton and the State Education Department. The Common Council of the City of Buffalo needs to know that our decisions were made with the full support and approval of our regulators. The changes were both ethical and legal. In closing, I would like to request that the Common Council not take a position in a labor dispute which can more efficiently be handled by UAW representation and management. As changes have been made to upgrade our programs, a number of complaints have been registered through various political and regulatory bodies to protect the interests of those resistant to market demand. We believe those issues should be addressed through labor negotiation. In the future, if you have any questions or concerns regarding Bryant & Stratton, please contact me directly. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 109 Buffalo Cable Access Media Common Council Appointment Board of Directors - BCAM Buffalo Cable Access Media Buffalo Cable Access Media (BCAM), the public access operator for the City of Buffalo, is requesting the Colon Council to reappoint Jan Peters, Executive director, Buffalo Federation of Neighborhood Centers and Mel Netshammer, Assistant Professor, Department of Communications at State University College at Buffalo to BCAM's board of directors for a three (3) year term. Ms. Peters' has been active on BCAM's board by serving on the refranchisement committee and grant development. Mr. Netzhammer, is currently chair of the Nominating committee and has been extremely active in providing input into start-up procedures for the public access facility. For review I have attached a copy of BCAM' s current board of directors. If any additional information and/or clarification is needed, please do not hesitate to contact me. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 110 BUFFALO ENTERPRISE DEVELOPMENT CORP. Ignorance Costs Us Money Resolution # 150 C.C.P. 3/17/92 This is to advise that, after reviewing the referenced resolution, we have determined that there are "no appropriate areas of responsibility" that are directly applicable to the BEDC/DDI for response. Pilot Field and the Aud are operated as a separate "Enterprise Fund" much like the Water Division. This allows the Common Council and the Administration to readily determine what annual subsidy is required from the General Fund to operate these activities. RECEIVED AND FILED. No. 111 HELEN GOURDIN Oppose Grass Cutting Charge-67 Alexander After contacting you on this matter, I am sending you a copy of this letter from Amana Capital Corporation, 6245 Sheridan Drive, Buffalo, NY 14221. I am very upset about this, because last spring I cleaned my own lot off at 67 Alexander Place. When the City Sanitation Department came around mine was done-grass cut and rubbish removed. Later I received a bill for $50.00 and I called the Buffalo Sanitation Department right away and told them I had cleaned and cut my grass myself. She told me to disregard the bill and she would notify the supervisor. Now here, almost a year later, I am receiving a bill of $50.00 from a collecting agency. I have proof my tenant- Mrs. Janet Peach, neighbori- Mr. and Mrs., J. B. Brown, the Craigs across the street can verify this. All the lots are vacant between Mr. and Mrs. J. B. Brown at 83 Alexander Place and mine at 67-63 Alexander. It is so much walking traffic between these streets Jefferson and Alexander Place that you just can not wait on the City to do this. A lot of rubbish, cans, bottles, papers and etc are thrown. With the help of my husband, nephew, we cleaned up the lot and cut the grass. Please give this your immediate attention: Thank you, Mrs. Helen M. Gourdin. My telephone # is 823-4889. I will be going on vacation early 4/10/92 for 2 weeks. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND THE COMMISSIONER OF ASSESSMENT. No. 112 BRIAN M. HIGGINS Council Study Group Report On February 8, 1992, members of this Common Council met informally at the Buffalo Hilton to discuss strategies for alleviating the severity of the budget crisis. We agreed to create several budget study groups comprised of Common Councilmembers, representatives of specific city departments, and representatives of the unions. I was asked to and accepted the responsibility of chairing the study group charged with examining the operation of the Fire Department to determine if there were ways to save money. Assigned to this study group in addition to me, were Councilmembers LoTempio, Franczyk and Collins, Fire Commissioner Paul Shanks, and Fire Union President David Donnelly. The study group first met on Monday, March 2nd with the focus of the responsibilities of the group outlined in my opening statements that we generally discuss plans for restructuring or consolidating the Fire Department with the major emphasis on the protection of the community and no less important, the safety of the firefighters. I further stated that I did not feel it would be beneficial to discuss the closings of any Fire Companies at the preliminary meeting, but that it was our responsibility to look at the entire department with an eye toward making department resources more efficient. The Union representative wanted a commitment at the preliminary meeting that 4 men would be assigned to each rig. While not objecting to that proposal, it was agreed the most prudent course would be to gather all pertinent information, provide objective analysis, and draw conclusions that would be made part of a final report to this body. The Union representative from Local 282 excused himself from the process of meeting with the study group after the Initial session, however, the group agreed to carry out its responsibility and continued to meet. During the information gathering process, Fire Commissioner Shanks proposed a plan for closing three (3) Fire companies and relocating a fourth. In response to the media attention this discussion drew, several Councilmembers tried to subvert the process In which the study group was involved before any formal proposal was introduced. In my opinion, this subversive action undermined the responsibility of the committee and the integrity of the process agreed to by this Council. The actions of some Councilmembers misrepresenting the facts about the study group, and branding other Councilmembers in print as "voting against us," created senseless hysteria, promoted an "us against them" attitude, and did nothing more than pit councilmember against councilmember and neighborhood against neighborhood. AT NO TIME DID THE STUDY GROUP ENDORSE, SUPPORT, OR APPROVE THE COMMISSIONER'S OR ANY OTHER PROPOSAL, NOR DID IT MAKE ANY RECOMMENDATION TO CLOSE ANY FIRE HOUSE. The group felt that it was important to consider every proposal or recommendation that was brought before it in an objective, rational manner. I commend Councilmember Franczyk, who as part of the study group, raised his very serious concerns about the proposal which the commissioner had presented. He, however, was willing to listen to the proposal and discuss the possible effects of this plan within the confines of the study group until he was forced to join the movement to oppose the plan before It actually was formally presented. The study group to date has considered the administration's proposal to close three companies. The option of closing Rescue Squads was stated by the commissioner as a measure he may exercise absent Council approval for closing fire companies. The committee outlined several alternatives to redistribute manpower within the department while retaining all engine and ladder companies and making more efficient use of resources within the department. The point of the matter Is that the study group was poised to consider any and all plans referred to it before drawing any conclusions. That process has been circumvented. Consequently, I recommend that the study group be dissolved. It is clear this Council can not come to an agreement on any of the difficult decisions for either developing a process or for making recommendations for resolving the budget crisis. As stated earlier, the Council assumed the responsibility of studying specific Issues which were determined to be key areas in dealing with the budget crisis. The Council has proven its inability to address these certain areas evidenced by the fact that some groups have not even met, others have been poorly attended, and this group not afforded the opportunity to fully explore every option, complete its study, and allow it to come to a rational conclusion. People were lead to believe that I, as chairman of this study group, and the study group itself, were endorsing and approving the closing of fire companies, when in fact, we were just carrying out the wishes of the Council in a process that It created. It is unfortunate that the Council did not give the study group the necessary time to complete its work. It Is even more unfortunate that some members of the Council saw fit to undermine the efforts of this committee, and thus, separate themselves from the very process whose formation they supported and endorsed. Attached for your information are copies of the minutes of the study sessions and Information presented to the group through the course of our discussions. REFERRED TO THE COMMITTEE ON FINANCE. No. 113 LOCAL 264 Private Trash Pick-up Item # 181, C.C.P. March 31, 1992 The cost of privatization of bulk trash that exceeds four cubic yards is not going to be cheaper than paying City employees overtime. For the short period of time that trash will be on the street, it would be cheaper to pay controlled overtime than to privatize. The Union does not nor did create the policy for trash pickup. We only follow the directions that have been outlined for our workers by the City. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. No. 114 LOCAL 264 Privatization of Streets. Dept. Item # 180, C.C.P. March 31, 1992 Since the Streets Sanitation Department has been through mismanagement for the last two years, it appears that the blame has been put on the workers. Today, the Department Head has cut the overtime by over 80% and has been trying to consolidate the Department for a more efficient workforce. This April 20th, the Department Head will put into effect changes in the districts for trash pickups and the method for trash pickup. I believe that, given the opportunity, this Department will again provide the citizens of Buffalo the service they need and expect. It was the City and the Common Council who approved budgets with less employees, and we now find ourselves with more work and fewer workers. Contracting out will only cost the citizens of Buffalo more since, by contract, the current employees in the department would not be laid off just assigned to other City agencies. As long as the department is willing to keep the lines of communication open with its employees so that any problems can be discussed and worked out together, the Streets Department will be able to work efficiently and to everyone s satisfaction. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. No. 115 LOCAL 264 Investigate Lag Time-Financial Flexibility Item # 170, C.C.P. March 31, 1992 We have been asked for our opinion to the above mentioned Common Council resolution. This is to advise you that our Local will not support lag time for any of our members. Times are tough enough now to make ends meet. I also believe that it is illegal to hold back paychecks of employees. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. No. 116 CHARLES L. MICHAUX Offer to Purchase Surplus Chairs I am requesting to purchase three wooden chairs which are all in need of repair. The chairs are located in the subbasement of City Hall. I am offering $5.00 each as the purchase price. These chairs were originally offered for sale last year but there were no bidders. REFERRED TO THE COMMISSIONER OF GENERAL SERVICES. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 117 CHARLES MITSCHOW Chamber City Budget Task Force Task Force Report # 1: Analysis of City of Buffalo Financial Performance Attached for your official review' and reaction is the first product of the intensive work of our task force, an analysis of the sources of and trends underlying the city's budget deficit, including projections through FY'94 (before any gap closing measures are taken). The task force has found that the deficits projected by the city's budget office are well founded. Excluding the $12 million in undesignated financial resources from the prior year, the task force found a $30 million general fund projected deficit for FY'92; a $53 million projected deficit for FY93; and a $69 million deficit forecast for FY'94. These deficits simultaneously are recent and enormous fiscal problems for this city to address. Thus, we recognize there are no simple, painless solutions to them. Both immediate and more fundamental, long term solutions will require everyone's attention and participation very quickly. In this context, the task force is working to develop a "menu" of gap closing options proposed to address both the city's immediate and long term fiscal problems. We expect to provide you officially with the outcome of that work in about 10 days. In the meantime, if you have questions about our initial report or any other facet of the task forces work, please do not hesitate to call either of us. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. No. 118 NYS DEPARTMENT OF LAW Investigate ADT Security Systems We have not received any complaints regarding the subject of the above resolution. If you could forward to us copies of the complaints referred to in the resolution we could better decide whether this is a matter that falls within our authority. RECEIVED AND FILED. No. 119 NYS DEPT. OF TRANSPORTATION Clean-Up of Litter This is in response to your March 18, 1992 letter to the Department wherein you request comments regarding the letter of Sally Danton dated 3/10/92. Most of the locations of litter mentioned in Ms. Danton's letter are not within the New York State Department of Transportation's jurisdiction, but rather belong to the City of Buffalo. The one exception is the Kensington Expressway which is the Department's jurisdiction. However, while it is our jurisdiction, the litter cleanup is the responsibility of the City of Buffalo. Article XII B of the Highway Law states that the cleaning and sweeping of state arterial highways passing through a city are the responsibility of such city. With this in mind we would request that the City of Buffalo should better fulfill it's responsibility. We are aware of the fact that there are crews, apparently part of The Mayor's Summer Youth Program, that pick up litter on the Expressway on an occasional basis. In the spirit of cooperation, our crews do provide litter pickup on the Kensington Expressway on a limited basis with an emphasis on larger items (mufflers, tires, etc.), found on the pavement or shoulders, which could be a hazard to traffic. Also, last year our South Erie Residency Maintenance crews initiated a joint effort with City crews to provide a regularly scheduled sweeping of the Expressway. It is their intention that monthly sweeping take place with the City providing the sweeper and our crews providing the work zone safety. Since the work zone safety is the major effort and since we are realizing cutbacks in maintenance personnel, it is certainly desirable and probably necessary that the City accept full responsibility for this effort as required by the Highway Law. In conclusion, the Department certainly realizes the importance of keeping the City of Buffalo clean and to the extent our resources allow, we are certainly willing to work with the city. Any efforts to coordinate this may be pursued with our South Erie Resident Engineer, Al Taylor (649-2157) and our North Erie Resident Engineer, Norm Winkler (683-3476). Mr. Taylor has jurisdiction on the Kensington Expressway west of Route 198 and Mr. Winkler has jurisdiction of the Expressway east of Route 198. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 120 WILLIAM NOWAK Offer to Purchase File Cabinets I would like to replace my bid for the purchase of two grey, five-drawer metal filing cabinets with a $10 bid for two dark green file cabinets which are currently stored as surplus in the City Hall sub-basement. One of the cabinets has three drawers and the other has five drawers. The cabinets need a good deal of work. My earlier bid was for cabinets which I subsequently learned were being stored for the Comptroller Thank you for your consideration of this bid. REFERRED TO THE COMMISSIONER OF GENERAL SERVICES. No. 121 JAMES ROBINSON Cancel Erroneous Trash Removal Charge I am writing to protest a charge of $157.38 that has been assessed against me for the removal of trash/refuse from my property at 164 Eaton Street. I have contacted the Department of Assessment concerning this charge, and I thought the problem had been resolved since I showed the city that the property in question is not owned by me but rather, is owned by the City. The trash that the City removed from this site was on the back portion of the property, which I do not own. I only own the front 70 feet of the property and there was never any trash or refuse on that section. I am in receipt of a bill for $157.38 from Amana Capital Corporation, a collection agency, that is threating to attach this bill to my credit history, and thus I am in danger of having my credit harmed for something that should have never been charged to me in the first place. I am requesting that the Council investigate this matter, and have these charges removed from my hill and further, to inform the collection agency that I am not responsible for this for bill, so that my credit rating can be preserved. Thank you for your attention to this matter. Your prompt consideration of this matter will be much appreciated since I have been dealing with this matter for several months on my own without results. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND THE COMMISSIONER OF ASSESSMENT. No. 122 ANA SALAS Offer to Purchase Surplus Furniture I would like to propose a bid of $25.00 for the purchase of one narrow filing cabinet, one chair, a small narrow table, and two periodical literature file boxes. The chair and table must be refinished and the legs leveled to be utilized. The file cabinet has some structural damage and the hardware, such as handles have been removed. The City Clerk considers these items as surplus. Thank you for your consideration. REFERRED TO THE COMMISSIONER OF GENERAL SERVICES. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS-1. No. 123 EVELYN WHITEHEAD Purchase Vacant Lot next to 954 Glenwood Ave. I own my home at 954 Glenwood Ave. There is a vacant lot next to my home. I would like some information on how to purchase this property. The owner does not keep the property lean. I always have to call the city to get the grass cut. If there is anything you can do please let me know. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 124 MARY WIESZALA Oppose Closing Engine 28 I am requesting this letter be clocked in and put on the agenda for the next Council Meeting. I am writing this letter due to the anticipated closing of Engine 28 in the Lovejoy Community. If in fact Engine 28 closes, the response time for assistance be it for a fire, heart attack victim or some other emergency, would be considerably longer than from Engine 28. If any of these emergencies should occur during the winter months when the snow is extremely bad or during a time when there is flooding in our area (which does occur), the response time would be even greater. Then, the possibility does exist, that due to weather conditions another Engine may not be able to respond. In actuality, Commissioner Shanks, Mayor Griffin and the Council Members are putting the lives and property of the Lovejoy Community in jeopardy if they close Engine 28. Therefore, I am putting the City of Buffalo on notice, if any emergencies should occur as mentioned above and we cannot get assistance immediately, I will hold Commissioner Shanks, Mayor Griffin and all Council Members responsible. It is my understanding, that as long as the City of Buffalo has had prior notification, anyone in the community can hold the City liable. Therefore, the community will be apprised of the fact that this letter has been written. RECEIVED AND FILED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. PETITIONS No. 125 Thomas D. Tigilio, owner, petition to use 2931-2939 Bailey Avenue to erect an addition to the rear & side of an existing used car sales bldg. for shop/office. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 126 Ganci's Express Food Mart Ltd., owner, petition to use 1241 Lovejoy for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 127 The Hop Inc, owner, petition to use 325 Fuhrmann for a sit-in restaurant. Mr. Fahey moved: That the petition of The Hop Inc., 4225 Genesee St., owner, requesting to erect a one story frame outdoor bar area (26' x 13'), install a drink rail, make interior renovations and to relocate a handicap ramp at 325 Fuhrmann Blvd. be and hereby is approved subject to conditions to be established by the Department of Community Development and Public Works and the City Planning Board. PASSED. AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- ARTHUR, BELL, COLLINS, PITTS- 4. No. 128 Donald Petrucci and Others oppose closing of Engine 28. RECEIVED AND FILED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12 NOES- ARTHUR- 1. No. 129 M. DEVINE AND OTHERS - OPPOSE ABANDONMENT AND SALE OF SEATTLE STREET. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No. 130 Report Of Audit (Compt) (Item # 127 CCP Mar 31 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Reply To Audit (CSC) (Item # 60 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Appointment Audit And Control/Associate Accountant That The above item is hereby returned to the Common Council without Recommendation. Mr. Pitts now moved to recommit the above item to the Committee on Civil Service. ADOPTED. No. 133 Appointment Audit And Control/Systems Support Analyst That the above item is hereby returned to the Common Council Without Recommendation. Mr. Pitts now moved to recommit the above item to the Committee on Civil Service. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 12 NOES- ZUCHLEWSKI- 1. No. 134 Information/Systems Support Analyst (Compt) (Item # 29 CCP Mar 17, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Information/Systems support Analyst (Item # 72 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Appointment Accounting/Supervising Accountant That Communication No 30 CCP Mar 17, 1992 be received and filed and the Temporary appointment of William P. Murphy stated above at the Intermediate salary $33,596.00 effective on Feb 27, 1992 is hereby approved. Mr. Pitts now moved to recommit the above to the Committee on Civil Service. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 12 NOES- ZUCHLEWSKI- 1 No. 137 Appointment Public Works/Pumping Plant Operator That Communication No 48 CCP Mar 17, 1992 be received and filed and the Temporary appointment of Rocco DellaNeve stated above at the Maximum salary $28,495 +200 LG effective on Mar 2,1992 is hereby approved. PASSED. AYES-13 NOES-0 No. 138 Appointment/Superintendent Of Traffic Signs/Markings (Max)(PW) (Item # 49 CCP Mar 17, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Appointment Public Works/Senior Administrative Assistant That Communication No 44 CCP Mar 31, 1992 be received and filed and the Permanent appointment of Kathleen A. Frawley stated above at the Maximum salary $34,041+ 1200 LG effective on Mar 23, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 140 Appointment Street Sanitation/Truckdriver That communication No. 64, CCP, March 31, 1992 be received and filed and the permanent appointment of Michael Alessi stated above at the intermediate salary of $20,570 effective on March 16, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 141 Appointment Street Sanitation/Permanent That communication No. 65, CCP, March 31, 1992 be received and filed and the permanent appointment of William T. Schultz stated above at the intermediate salary of $21,150 effective March 24, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 142 Appointment Street Sanitation/Truckdriver That communication No. 66, CCP, March 31, 1992 be received and filed and the permanent appointment of Richard A. Brimm and Ronald A. McGregor stated above at the maximum salary of $21,729 effective on March 16, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 143 Appointment Street Sanitation/Truckdriver That communication No. 67, CCP March 31, 1992 be received and filed and the permanent appointment of David Filipski state above at the maximum salary of $21,729 effective on Mar 16, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 144 Appointment Street Sanitation/Truckdriver That communication No. 68, CCP, March 31, 1992 be received and filed and the permanent appointment of Robert J. Battaglia stated above at the maximum salary of $21,729 effective on March 23, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 145 Notices of Appointments (City Clerk) (Item #85, C.C.P., March 31, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 146 Information/Budget Note Resolution (CC) (Item # 53 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Information/Certificate Of Necessity/Fringe Benefits (CC) (Item # 54 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Establish Fees For Event Permit (Item # 55 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Buffalo State/Assist PVB/Parking Enforcement (Item # 89 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Canisius College/Deny Assistance To PVB (Item # 90 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 REPORT OF BIDS TELEPHONE SYSTEM AT DELAWARE PARK CASINO (ITEM NO. 29, C.C.P., MAR. 31, 1992) That the commissioner of Public Works be, and he hereby is authorized to award a contract for installation of a telephone system at the Delaware Park Casino in the amount of $6,955.00 to ICS/Executone Telecom, Inc., 300 Essjay Road, Williamsville, New York, the lowest responsible bidder, with said costs to be charged to the B/F 200-402-092 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 152 RESULT OF SALE 764 KENSINGTON FORMER SWEET KLEAN LAUNDRY LAND ASSESSMENT: $48,100 TOTAL: $49,100 768 KENSINGTON VACANT LOT SIZE: 34.60' X 100' ASSESSED VALUATION: $900 (ITEM NO. 15, C.C.P. MARCH 31, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the offer of Anthony Occhino, residing at 1900 Transit Road, West Seneca, New York 14224, in the sum of TwentyFive Thousand Dollars ($25,000) to purchase: 764 and 768 Kensington Avenue, Buffalo, New York, be and hereby is accepted; and That the recording fees, 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- 13 NOES- 0. No. 153 CERTIORARI PROCEEDINGS FISCAL YEARS 1987-88, 1988-89 1989-90, 1990-91, 1991-92 191 NORTH STREET ASSOCIATES 191 NORTH STREET (ITEM NO. 18, C.C.P. MARCH 31, 1992) That the Corporation Counsel be, and he hereby is, authorized and directed to settle the 1987-88 through 1991-92 certiorari proceedings on 191 North Street, Buffalo, New York by reducing the assessment for 1987-88 from $664,200 to $610,600; for 1988-89 from $664,200 to $613,600; for 1989-90 from $664,200 to $623,600; for 1990-91 from $664,200 to $632,100, and for 1991- 92 from $664,200 to $646,100. PASSED. AYES- 13 NOES- 0. No. 154 INCREASES IN RATE STRUCTURE ITEM NO. 12, C.C.P., MAR. 17, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit the above item to the Committee on Finance. ADOPTED. No. 155 Report Of Audit/Substance Abuse (Compt) (Item # 27 CCP Mar 17, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 Reply To Audit/Substance Abuse (HR) (Item # 70 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 157 JOHN P. GIAMBRONE, PETITION TO USE 518-524 NIAGARA STREET FOR SIT-IN RESTAURANT, ETC. (ITEM NO. 102, C.C.P., 3/31/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Mr. John P. Giambrone, owner, to use 518-524 Niagara Street for a sit-in restaurant/stores/three apartments subject to the condition that the Department of Public Works reviews the proposed encroachment pursuant to local ordinances, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 158 BUFFALO WHITE GMG, INC., PETITION TO USE 271 DINGENS STREET FOR POLE SIGN (ITEM NO. 105, C.C.P., 3/31/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Buffalo White GMG, Inc., owner, to use 271 Dingens Street for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES-0. No. 159 ATLANTIC REFINING, PETITION TO USE 1390 DELAWARE AVENUE FOR POLE SIGN (ITEM NO. 106, C.C.P., 3/31/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Atlantic Refining, owner, to use 1390 Delaware Avenue for a pole sign not to exceed 109 square feet, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 160 ATLANTIC REFINING, PETITION TO USE 761 E. DELAVAN AVENUE FOR POLE SIGN (ITEM NO. 107, C.C.P., 3/31/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Atlantic Refining, owner, to use 761 E. Delavan Avenue for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 161 ATLANTIC REFINING, PETITION TO USE 1266 E. DELAVAN AVENUE FOR POLE SIGN (ITEM NO. 108, C.C.P., 3/31/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Atlantic Refining, owner, to use 1266 E. Delavan Avenue for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 162 ATLANTIC REFINING, PETITION TO USE 1490 FILLMORE AVENUE FOR POLE SIGN (ITEM NO. 109, C.C.P., 3/31/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Atlantic Refining, owner, to use 1490 Fillmore Avenue for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 163 ATLANTIC REFINING, PETITION TO USE 1981 FILLMORE AVENUE FOR POLE SIGN (ITEM NO. 110, C.C.P., 3/31/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Atlantic Refining, owner, to use 1981 Fillmore Avenue for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 164 ATLANTIC REFINING, PETITION TO USE 855 SYCAMORE STREET FOR POLE SIGN (ITEM NO. 111, C.C.P., 3/31/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Atlantic Refining, owner, to use 855 Sycamore Street for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 165 FRANCIS S. O'CONNELL, PETITION TO USE 139 PRENATT (A/K/A 612 OLD BAILEY AVENUE) (ITEM NO. 90, C.C.P., 3/3/92) That after a public hearing held before the Committee on Legislation on April 7, 1992, the petition of Francis S. O'Connell, owner, to use 139 Prenatt (a/k/a 612 Old Bailey Avenue) to erect a one story frame and steel sided storage building at an existing junk yard be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 166 N. Costantino/Of fer To Purchase Vernon Triangle Park (Compt) (Item # 17 CCP Feb 18, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Vernon Triangle Block Club/Favors Sale Of Triangle Park (Item # 89 CCP Feb 18, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 168 Purchase Of Vernon Triangle Park (PW) (Item # 31 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 Purchase Of Vernon Triangle Park (CC) (Item # 42 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 ABANDONMENT/SALE OF PIPER STREET TO TOPS MARKETS, INC. (ITEM NO. 15, C.C.P., FEB. 4, 1992) That the offer of Top's Markets, Inc., 60 Dingens Street, P.O. Box 1027, Buffalo, New York 14240 in the sum of $5,000.00 (Five Thousand Dollars) to purchase the abandoned portion of Piper Street, as more particularly described in Exhibit A, attached to the referenced item be and hereby is accepted, subject to an Easement Agreement between the City of Buffalo and Tops Markets, Inc. providing for a 15' (fifteen feet) non-exclusive easement along the easterly line of such property for the Scajaquada Pathway Project, and That the Mayor be, and he hereby is authorized to execute a deed and the Comptroller be, and he hereby is, authorized to deliver the same, in accordance with the terms of sale, provided that as part of the consideration for such property Tops Markets, Inc. tenders to the Comptroller a deed conveying to the City of Buffalo a parcel of land, 5' (five feet) wide by 120' (one hundred and twenty feet) along Amherst Street, as more particularly described in Exhibit B attached to the referenced item. PASSED. AYES- 13 NOES- 0. No. 171 STUDIO ARENA THEATRE REQUESTS PERMISSION TO INSTALL AWNING ON PEARL STREET (ITEM NO. 38, C.C.P., MAR. 31, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Johnathan White, Operations Manager for the Studio Arena Theatre, located at 710 Main Street, to install an awning which would encroach city right-of-way at said address, subject to the conditions as stated in the communication from the Department of Public Works, Item No. 38, C.C.P., March 31, 1992. PASSED. AYES- 13 NOES- 0. No. 172 206 SOUTH ELMWOOD REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE, AWNING AND SIGN (ITEM NO. 39, C.C.P., MAR. 31, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Vito Buscemi, owner of Vito's Gourmet Market, located at 206 South Elmwood Avenue, to install a sidewalk cafe, awning and sign which would encroach city right-of-way at said address, subject to the conditions as stated in the communication from the Department of Public Works, Item No. 39, C.C.P., March 31, 1992 and conditions from the Planning Board, Item No. C.C.P., April 14, 1992. PASSED. AYES- 13 NOES- 0. No. 173 1059 GRANT STREET REQUESTS PERMISSION TO INSTALL SIGN WITHIN CITY RIGHT-OF-WAY (ITEM NO. 40, C.C.P., MAR. 31, 1992) That the commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Hien Ngo, owner of DHNP Card City, a card shop located at 1059 Grant Street, to install a sign which would encroach city right-of-way at said address, subject to the conditions as stated in the communication from the Department of Public Works, Item No. 40, C.C.P., March 31, 1992. PASSED. AYES- 13 NOES- 0. No. 174 CITGO GASOLINE STATION LOCATED AT 1241 EAST LOVEJOY REQUESTS PERMISSION TO INSTALL A POLE SIGN (ITEM NO. 41, C.C.P., MAR. 31, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Michael McCarthy, owner of Citgo Gasoline Station, located at 1241 East Lovejoy Street, to install a pole sign which would encroach city right-of-way at said address, subject to the conditions as stated in the communication from the Department of Public Works, Item No. 41, C.C.P., March 31, 1992. PASSED. AYES- 13 NOES- 0. No. 175 RENAMING OF A PORTION OF BAILEY AVENUE NORTH OF SENECA STREET (Item No. 29, C.C.P. March 3, 1992) That pursuant to Section 286-3 of the Code of the City of Buffalo, this Common council requests to change the name of the westerly portion of Bailey Avenue north of Seneca Street to Mergenhagen Street; and That the City Clerk is hereby directed to prepare and submit to the Common Council for its consideration a notice of intention to change the name of such portion of Bailey Avenue. Such notice of intention shall contain the change of name, the existing name and the date, time and place for a public hearing to be held with regard to such change of name. ADOPTED. No. 176 JURISDICTION OF THE WESTERLY PARK ROAD/ PARKING AREA AT MARTIN LUTHER KING, JR. PARK (ITEM NO. 42, C.C.P., MAR. 31, 1992) That the westerly park road/parking area at Martin Luther King, Jr. Park, located between the Science Museum and the Science Magnet School on the east and the Kensington Expressway on the west and as that parcel of land is more particularly described in the referenced item, be and hereby is conveyed jointly to the Museum of Science and the Buffalo Board of Education for the purpose of jurisdiction, maintenance and liability, on the condition that the road and water/fire hydrants are maintained so as to be accessible to the Fire Department apparatus for use. PASSED. AYES- 13 NOES- 0. No. 177 Ordinance Amendment/Ch. 133/Maintain Outdoor Advertising (Item # 163 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. No. 178 Ordinance Amendment/Licensing Of Rental Housing/Business (ICR) (Item # 65 CCP Feb 18, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12 NOES- FAHEY- 1. No. 179 Ordinance Amendment/Ch. 294/Nuisance Abatement (Item # 167 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. No. 180 Information/Recent Fish Die Off/Delaware Park Lake (PKS) (Item # 46 CCP Mar 31, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 181 Use Of City Vehicles (CC) (Item # 53 CCP Feb 18, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 182 Use Of City Vehicles (CD) (Item # 56 CCP Feb 18, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 183 Recycling Analysis (PW) (Item # 41 CCP Feb 18, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 184 BUFFALO PLACE CONTRACT WITH CITY OF BUFFALO (Item No. 27, C.C.P. March 31, 1992) That the Commissioner of Public Works be and he hereby is authorized to execute two contracts, for and on behalf of the City of Buffalo with Buffalo Place, Inc. for the years April 1, 1990 to March 31, 1991, and April 1, 1991 to March 31, 1992, for the provision of services performed by Buffalo Place, Inc. on behalf of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 185 Snowden Development/Negotiate Sale Of Nevilly Courts (Item # 88 CCP Feb 18, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 186 Purchase Of Nevilly Courts/E&W(Compt) (Item # 15 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 187 Development On Nevilly Courts (PW) (Item # 47 CCP Mar 17, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 188 Development On Nevilly Courts (CD) (Item # 62 CCP Mar 17,1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 189 Development On Nevilly Courts (ICR) (Item # 67 CCP Mar 17, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 190 Sale Of Nevilly Courts (EMC) (Item # 6 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 191 BEDC/Revised Land Bank Parcel List (Item # 84 CCP Feb 18, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 192 BEDC Revised Parcel List/Commercial Land Bank (Item # 74 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 193 Neighborhood Land Bank Parcel Update (CC) (Item # 55 CCP Mar 17, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 194 Afro/American Business Association/Minority Participation (Item # 126 CCP Sep 3, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. CATV HON JAMES W. PITTS CHAIRMAN No. 195 PAPB/Amend Board Rules/Regulations (Item # 58 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 196 BCAM/Comments Policy Board Rules/Regulations (Item # 87 CCP Mar 31, 1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 197 BY: MR. BAKOS Drawing a "Line in the Sand" For Maintaining Firefighting Manpower Levels in the 1992/1993 Budget WHEREAS: Mayor Griffin is preparing his 92/93 budged for presentation to this Council on May 1st. (2 1/2 weeks away) and WHEREAS: The City of Buffalo has received substantial cuts from the State, sales tax and other revenue sources, and WHEREAS: There has been a substantial increase in the cost of delivering public service, and WHEREAS: It will be necessary to make substantial service cuts and substantial increases in new revenue sources to balance the budget, and WHEREAS: The manpower levels of the Fire Department has been systematically cut, year after year, from a funded level of 1020 men in 1982/83 to a present filled level of 914 men in 91/92 (funded men), and WHEREAS: The Mayor is presently considering, at the recommendation of his Fire Commissioner, the closing of 3 companies as a method of balancing the budget, ( originally single house Companies at Engine 18, Engine 28 and Ladder 1 were targeted, now, Engine 30, from a triple house at Seneca and Southside is also under consideration), and WHEREAS: It has been clearly and indisputably documented that any fire company closing will increase response time to life threatening fires and also responses to medical emergencies., and WHEREAS: Any additional cuts in the Fire Department manpower and/or reduction in Fire companies would without question affect the health, safety and lives of the tax paying public and create a further danger to our brave firefighters, and WHEREAS: Fire death opportunities increase substantially with the reduction of manpower and longer response time, and WHEREAS: There have been 13 firefighter deaths in the past years, and 194 victim deaths in 12 years, and WHEREAS: The taxpaying public will no longer accept the continued erosion of Fire Department manpower nor the closing of any Fire companies, and WHEREAS: The protection life must be our highest priority, and WHEREAS: The taxpaying public will reluctantly accept some service cuts or revenue increases more readily than other cuts and increases, but further cuts in Fire manpower or companies is a no-no!! WHEREAS: The taxpayers are madder than hell and they are not going to take it anymore!! and Mr. Bakos moved to amend the above item by adding: Now Therefore Be It Resolved That this Common Council "draws a line in the sand" and sends a clear message to the Mayor that they will not accept the closing of any fire companies in the 1992/1993 budget; and BE IT FURTHER RESOLVED, That the maintenance of Fire Department manpower will be one of the Common Council's highest priorities in the 1992/1993 budget. ADOPTED AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI-11 NOES- BELL, FAHEY-2. No. 198 BY: MR. BELL U.S. PRIVATE INVESTMENT CORP. WHEREAS: The United States of America has an agency named Overseas Private Investment Corporation (O.P.I.C.) which promotes economic growth in developing countries by encouraging U.S. private investment in those nations; and WHEREAS: O.P.I.C. assists U.S. investors in this effort through two principal programs: 1. the insurance of investments against certain political risks, and 2. the financing of such enterprises through direct loans and/or loan guarantees; and WHEREAS: All of O.P.I.C.'s insurance and guaranty obligations are backed by the full faith and credit of the United States of America as well as O.P.I.C.'s own substantial cash reserve; and WHEREAS: Some of our own communities within these United States have been devastated by the loss of business and industry to foreign countries creating extreme economic hardship for our older industrial cities such as Buffalo; and WHEREAS: This exodus of business and industry to other countries has also eroded employment opportunities for people in the United States leaving many unemployed or underemployed, some homeless, and others with no alternative other than public assistance; and WHEREAS: Efforts should be made in our own country to create investment opportunities to spur economic growth and combat the escalating unemployment and the deteriorating economic foundations of the older American cities; and WHEREAS: Congress should redirect monies proposed to be cut from the defense budget to fund an investment program to rebuild the harder hit communities in this country; NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo memorializes the President and the Congress of the United States of America to establish investment programs in this country similar to the Overseas Private Investment Corporation to rebuild the economic opportunities in this country and as a hedge against the escalating unemployment; and BE IT FURTHER RESOLVED: That the City Clerk be directed to forward a certified copy of this resolution to the President and the Congress of the United States and to the Western New York Congressional delegation. ADOPTED. No. 199 BY MESSRS. BELL, ZUCHLEWSKI, AMOS, COLLINS, & PERLA INVESTIGATE DEPUTY OF SUBSTANCE ABUSE DIRECTOR POSITION WHEREAS: On December 23, 1991, under the threat of losing substance abuse funding from New York State, this Common Council voted to create the position of Deputy Director of Substance Abuse services; and WHEREAS: The new Deputy Director position became necessary when the State Division of Substance Abuse Services would not approve the city's Substance Abuse Director because of his lack of clinical and professional experience; and WHEREAS: A majority of the Council agreed to establish this new position only after they reached a good-faith understanding that Jesse Carmichael would be the individual selected for the Deputy Director post; and WHEREAS: Mr. Carmichael graduated from Medaille College with a B.S. in Human Services, and from SUNY College at Buffalo with a master's degree in Student Personnel Public Administration and Counseling; and WHEREAS: First hired as a counselor for the division in 1989, Mr. Carmichael was later named assistant director of the Housing Authority Substance Abuse Program, and served as acting director of the division for four months after Andres Garcia resigned in November 1990; and WHEREAS: Since the substance abuse problem is a critical concern in the minority community, the fact that Mr. Carmichael is an African-American would help enhance the division's rapport with that significant segment of the population, as well as serve as a positive role model for young minorities; and WHEREAS: It has now come to the attention of this honorable body that the name of another individual for the Deputy Director of Substance Abuse Services has been submitted to the state for approval, and that approval has not yet been submitted; and NOW, THEREFORE BE IT RESOLVED: That the Commissioner of Human Resources and the Director of Substance Abuse Services be requested to explain to the Common Council: 1. Who were all of the individuals considered for the position of Deputy Director of Substance Abuse Services? 2. Why Jesse Carmichael's name was not submitted to the state for approval? 3. Why was there a violation of the good-faith understanding with the Council to appoint Mr. Carmichael to the Deputy Director position? 4. Why was there no discussion with the Council after the decision was made not to submit Mr. Carmichael's name to the state for approval? REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF HUMAN RESOURCES AYES, AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI-11 NOES- ARTHUR, FRANCZYK-2. No. 200 BY:MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,695 be and the same is hereby transferred from various accounts in Appropriation Allotments - Exempt Items and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $2.695 TO: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $2.695 FROM: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $2,695 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 091 Reconstruction of CAO Headquarters $ 121 520 Construction of Central Booking at City Court 2.574 Total $2,695 REFERRED TO THE COMMITTEE ON FINANCE. No. 201 BY:MR. COLLINS TRANSFER OF FUNDS CAPITAL PROJECTS FUND DIVISION OF BUDGET & MANAGEMENT DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $19,700 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 $19.700 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 513 - Reconstruction of Police Headquarters $19.700 REFERRED TO THE COMMITTEE ON FINANCE. No. 202 BY:MR. COLLINS TRANSFER OF FUNDS CAPITAL PROJECTS FUND DIVISION OF BUDGET & MANAGEMENT-DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $30,000 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 $30.000 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 070 - Construction of Buffalo Zoo Entrance $30,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 203 BY: MR. COLLINS INCREASED APPROPRIATION RESERVED FUND BALANCE APPROPRIATION ALLOTMENTS - DEPARTMENT OF LAW That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Law be and the same hereby is increased in the sum of $30,000. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $30,000 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: TO: 100 General Fund 08-0 Department of Law 085 - Capital Outlay 982 - Operating Equipment Computer Equipment $ 30.000 REFERRED TO THE COMMITTEE ON FINANCE. No. 204 BY: MR. COLLINS Increased Appropriation New York State Revenue Division of Substance Services That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Substance Services be and the same is hereby increased in the sum of $42,465. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue 100 General Fund 50-4 - Division of Substance Services 403 - State 85153 - Asset Forfeiture $42,465 To meet this increased appropriation as set forth below: TO: 100 General Fund 50-4 Division of Substance Abuse Services 012 - BMHA/HUD Substance Abuse Program Materials & Supplies 449 - Miscellaneous $10,015 Purchase of Services 583 - Unclassified 30,000 085 - Capital Outlay 982 - Operating Equipment Video Equipment 2.450 Total $42,465 REFERRED TO THE COMMITTEE ON FINANCE. No. 205 BY:MR. COLLINS ORDINANCE AMENDMENT- CHAPTER 103-24-RECORDS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 103-24 of the Code of the City of Buffalo be amended to read as follows: 103-24. Records[.] of Fire Department. A. The Commissioner of Fire shall keep, in the office of the Bureau of Fire Prevention, a record of all fires and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby and whether such losses were covered by insurance and, if so, the name of the company that issued the policy and the amount thereof. Such records shall be made daily from reports made by the officers and members of the Fire Department. All such reports and records shall be public documents. A copy of such report shall be filed within twenty-four (24) hours with the Corporation Counsel. If the Corporation Counsel shall determine that the City of Buffalo has the future right to collect any demolition costs incurred or to be incurred, he shall file suit against all interested parties and shall file notice of the pendency of the action with the County Clerk to impress a lien upon the fire insurance proceeds which may accrue to the property owner or other claimant. B. There shall be a charge for search of Fire Department files as provided for in Chapter 175, Fees. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 206 BY: MESSRS. COLLINS & PITTS SET PUBLIC HEARING: Community Wide Urban Renewal Homestead Program Approval of amendment to Land Disposition Agreement Masten New Housing Project Phase IIB BBZ Development Company WHEREAS, BBZ Development Company and/or other legal entity to be formed (herein referred to -as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will add 161 East Utica Street located in the Masten Councilmanic District and 1008-1010 Smith Street located in the Ellicott Councilmanic District to Schedule A of said contract. WHEREAS, 161 East Utica Street and 1008-1010 Smith Street shall be used for the construction of two additional dwelling units included in said LDA; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 17th day of April 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers on the 28th day of April 1992. ADOPTED. No. 207 BY: MR. COLLINS SUPPORT OF WIC EXPANSION FOR NEW YORK STATE RESIDENTS WHEREAS: The fight against childhood hunger across the U.S. faces two powerful obstacles: Federal spending constraints relating to the 1990 budget accord, and skewed budget priorities that reward defense spending over programs targeted to benefit the nation's poorest children; and WHEREAS: At risk Is the five year commitment in a five-year campaign by the Unitarian Universalist Service Committee (UUSC) and other groups to ensure full funding for the Women, Infants & Children (WIC) program by 1996; and WHEREAS: We are faced with the fact that employment and homeless statistics account for a major part in the way government dispenses federal funds to fight problems that relate generally toward low to moderate income families; and WHEREAS: In order to maintain continual funding, City, State and Federal government officials must work together for legislative action to take effect. NOW, THEREFORE BE IT RESOLVED THAT: This Honorable Body support the efforts of: 1. Legislation sponsored by the UUSC In their dedication to fight childhood hunger. 2. Full funding for the WIC program by Federal and State representatives. 3. Transferring of federal defense spending to domestic spending in revised budget rules. BE IT FINALLY RESOLVED THAT: The City Clerk 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 New York State Legislature. ADOPTED. No. 208 BY MESSRS. COLLINS & ARTHUR USE GOVERNMENTAL CONFISCATED FUNDS WHEREAS: The City of Buffalo has been plagued with an Increase In crime, drastically raising awareness among residents that we as a community have a serious problem we must address; and WHEREAS: Governmental officials Community leaders, Block club representatives & residents have been meeting on an ongoing basis to address this crime wave and to collectively take all steps that are available in order to resolve this problem; and WHEREAS: The Crime Control Act of 1990 (the Gun-Free School Zones Act of 1990) and the Drug Free Schools and Communities Act of 1986 In association with the enhanced penalty statute, Section 860 of the Federal Controlled Substances Act, can be used as tools to keep drug transactions and gang-related violence out of our school yards; and WHEREAS: Crime Watch Alert, Fugitive Task Force, and Property Forfeiture programs have been established in other cities such as Rochester, N.Y. and Brooklyn, N.Y. to address their rising crime rate; and WHEREAS: Programs such as the Weapons Surrender enables law enforcement officials to purchase unloaded guns from people in the community for a specific price during a specified period of time; NOW, THEREFORE BE IT RESOLVED THAT: This Buffalo Common Council requests the Department of Administration and Finance and the Commissioner of the Buffalo Police to file a report on the usage of funds confiscated from illegal activities to establish a "Weapons Surrender Program" within the City of Buffalo ADOPTED. No. 209 BY: MR. COPPOLA ORDINANCE AMENDMENT-CHAPTER 175 - FEES (CHAPTER 103) The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 - Fees pertaining to Chapter 103 of the Code of the City of Buffalo, be amended to read as follows: Chapter 103, Building Construction and Demolition; Fire Prevention 103-24, search of Fire Department files: Fire Reports $10.00 Employment or salary verification $10.00 Certification or authentication of any report or record $ 1.00 APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 210 BY: MR. COPPOLA REQUEST INSPECTION AT 95 WEST HUMBOLDT PKWY. WHEREAS: Medaille College has just purchased its second home at 121 West Humboldt Parkway for student housing; and WHEREAS: Medaille's first home which was purchased for student housing, 95 West Humboldt Parkway, has been used as a residence for ten students since last fall; and WHEREAS: Article V, Section 511-12. Permitted Uses (R2 Dwelling District, Zoning Ordinances), Subsection K, 1(b) Accessory Uses, deals with the "keeping of not more than two (2) roomers, boarders or lodgers in any building"; and WHEREAS: Medaille refers to 95 West Humboldt as a residence facility and with ten students in residence, it appears that a zoning variance is necessary; and WHEREAS: Medaille also owns 24 Agassiz Circle, which is used for administrative purposes. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Department of Housing & Inspections initiate inspections of the premises at 95 and 121 West Humboldt Parkway and forward a written report to this body by the next full Council meeting; and BE IT FURTHER RESOLVED THAT This Common Council be supplied with copies of all permits issued to Medaille College for 95 and 121 West Humboldt Parkway and 24 Agassiz Circle; and BE IT FINALLY RESOLVED THAT This item also be referred to the Corporation Counsel and the Zoning Board of Appeals for a written opinion to be filed for the next full Council meeting. ADOPTED. No. 211 BY: MR. COPPOLA FUEL MANAGEMENT WHEREAS: The City of Buffalo is currently using the self-service honor system for fueling its 900 registered vehicles; and WHEREAS: The self-service honor system is not the best system for conserving gasoline and saving money; and WHEREAS: Effective solutions to fuel management problems do exist and are currently being used in many other cities, as well as many agencies; and WHEREAS: There is evidence that when a system is installed to monitor fuel consumption, there is a substantial decrease in the amount of fuel used. THEREFORE BE IT RESOLVED THAT This Common Council requests that the Department of Administration and Finance take a serious look into the installation of an electronic monitoring system for the monitoring of fuel consumption for all City of Buffalo vehicles and machinery. ADOPTED. No. 212 BY: MR. COPPOLA Request Information- Park Utility Worker WHEREAS: For approximately the last three years, the Civil Service Commission has been filling vacancies and making promotions for the position of Park Utility Worker from an open competitive eligible list; and WHEREAS: Kevin Dellapenta, first on the list, and Paul Maranca, sixth on the list, have been overlooked from the open competitive list; and WHEREAS: Although both men would be deemed highly qualified because they placed so high on the open competitive list, neither has been called and less than three names remain. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Civil Service Commission report to this body the status of Kevin DellaPenta and Paul Maranca, first and sixth respectively on the open competitive eligible list. ADOPTED. No. 213 BY: MR. COPPOLA Request Bikeway Striping For Richmond WHEREAS: Richmond Avenue is a designated bikeway; and WHEREAS: Neighborhood residents have repeatedly requested that Richmond Avenue be properly striped for the bikeway designation; and WHEREAS: McKinley Parkway in South Buffalo is also a designated bikeway and has been striped; and WHEREAS: McKinley Parkway was striped even though parking regulations allow parking on both sides of the street all the time; and WHEREAS: The parking regulations on Richmond Avenue are Alternate II which restricts parking on one side from Monday through Wednesday and the opposite side Thursday and Friday, and allows parking on both sides after 4:00 PM and on weekends. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Department of Public Works Division of Traffic Engineering take the necessary steps to initiate striping for a designated bikeway on Richmond Avenue. ADOPTED. No. 214 BY: MR. COPPOLA Request Local Law-Refusal Salary Increases WHEREAS: The present salary rate for elected officials was determined, voted upon, and approved by this Common Council in 1990, a year when the City of Buffalo enjoyed a budget surplus; and WHEREAS: The present salary increase for elected officials took effect on January 1, 1992; and WHEREAS: The City of Buffalo is facing a $22 million deficit for budget year 1991-92; and WHEREAS: Elected officials should have the right to refuse a salary increase when poor fiscal times warrant. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Corporation Counsel prepare the necessary amendment to Sec. 451 of the City Charter, Salaries of Elected Officials, allowing elected officials the right to refuse salary increases when poor fiscal times warrant. ADOPTED. No. 215 BY: MR. COPPOLA Request Interim Financial Report From BSA WHEREAS: The Buffalo Sewer Authority (BSA) has announced a 12% increase in rates for the coming fiscal year; and WHEREAS: At the end of the last fiscal year, the BSA had a $10 million surplus; and WHEREAS: On top of the $10 million surplus, there was a substantial increase in general administration costs with an overall increase of 141% over the past nine years in this particular budget line. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests an interim financial report from the Buffalo Sewer Authority specifying the present number of employees and the balances in individual fund accounts through December, 1991. ADOPTED. No. 216 BY: MR. COPPOLA Request Parking For Annual Hellenic Festival WHEREAS: The Hellenic Orthodox Church of the Annunciation will host its Annual Hellenic Festival this year on May 15 through May 17; and WHEREAS: Because of the increase in attendance and the need to accommodate their patrons, festival organizers have made arrangements with AAA of Western New York to place a large tent in the AAA parking lot adjacent to the church; and WHEREAS: The tent will be erected on May 12 and will be removed on May 18, thus the parking lot will not be available to AAA employees for that period of time; and WHEREAS: Festival organizers have requested restricted parking on West Utica Street, between Delaware and Atlantic, to accommodate AAA employees, WHEREAS: In addition, the organizers have also requested that the no parking zone on the south side of Utica Street be temporarily waived for the duration of the festival; and WHEREAS: During other special events in the City of Buffalo, temporary parking regulations are imposed to accommodate those impacted by the events. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Department of Public Works Division of Traffic Engineering evaluate the above requests in anticipation of approval of the special regulations for parking during this year's Greek Festival. ADOPTED. No. 217 BY: MR. FAHEY MEMORIALIZE GOVERNOR, AND NYS LEGISLATURE -INCREASE SALES TAX TO 8% PERMANENTLY FOR ERIE COUNTY - WITH DISTRIBUTION OF REVENUES TO ALL SCHOOL BOARDS AND LOCALITIES WHEREAS: The New York State Legislature has granted permission annually since 1984 to increase the Sales Tax collected in Erie County from 7% to 8% with revenues from the additional 1% distributed exclusively to Erie County; and WHEREAS: The action by the State Legislature was necessary to assist Erie County in resolving its serious fiscal problems in 1984; and WHEREAS: Each of the participating cities, towns, villages and school districts agreed, in a spirit of cooperation, to waive their share of the extra 1% revenue so that Erie County could settle its financial matters; and WHEREAS: The increase in sales tax from 7% to 8% was intended to be a one year agreement which would revert back to the original 7% sales tax; and WHEREAS: In each of the subsequent years from the time of the original agreement, Erie County has requested the State Legislature to extend the 8% sales tax in one year increments without distributing to cities, villages, towns, and school districts any of the additional revenues generated by the extra 1%; and WHEREAS: At this time of severe financial strain on all municipalities and school districts due to a decrease in funding from New York State, it is very clear that other sources of revenues must be identified to resolve the financial hardships that all levels of government are experiencing; and WHEREAS: Since the original increase of sales tax in Erie County was intended to be a temporary measure, and each municipality and school district, in a cooperative effort, allowed Erie County to benefit fully from the additional revenue in its time of need, the New York State Legislature should approve a permanent increase in sales tax from 7% to 8% for Erie County to be disbursed equitably to all municipalities and school districts so that the additional 1% is distributed using the same formula employed for disbursement of revenues generated by the original 7% tax; NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo memorializes the Governor and the New York State Legislature to permanently raise the Sales Tax collected in Erie County from 7% to 8%; and BE IT FURTHER RESOLVED: That the distribution formula for disbursement of revenues to Erie County, all cities, towns, villages, and school districts be used for the entire 8% tax; and BE IT FINALLY RESOLVED: That the City Clerk be directed to forward certified copies of this resolution to the Governor of New York State, the Secretary to the Senate, the Clerk of the Assembly, and the Western New York delegation. ADOPTED. No. 218 BY MR. HIGGINS REQUEST FOR CORPORATION COUNSEL OPINION AS TO COUNCIL AUTHORITY IN ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF THE BOARD OF ASSESSMENT REVIEW WHEREAS: Pursuant to New York State Real Property Tax Law, the Board of Assessment Review was created in 1971 composed of members appointed by the Common Council; and WHEREAS: As stated in the Common Council Resolution (C.C.P. # 164, 11-30-71) which created the Board of Assessment Review, "In the case of a vacancy resulting from the death, resignation or removal of any member during his term in office, his successor shall be appointed by the Common Council; and WHEREAS: Throughout its 20 years of existence, the Board of Assessment Review members have been charged with the responsibility to get all the facts, and apply appropriate laws and reasoning in a fair and judicious manner; and WHEREAS: To meet their responsibilities, it is vital that the Board of Assessment Review members regularly attend meetings and be well-advised and familiar with the facts before them; and WHEREAS: In accordance with New York State Real Property Tax Law, a member of a Board of Assessment Review may be removed pursuant to Public Officers Law Section 36 and Civil Service Law Section 75. NOW, THEREFORE BE IT RESOLVED: This Common Council requests an opinion from the Corporation Counsel as to whether the Council, as the appointing authority, also has the authority to introduce legislation, whether local law or state memorialization, authorizing removal of any member of the Board of Assessment Review due to three unexcused absences from meetings. BE IT FURTHER RESOLVED: That the Corporation Counsel also review and offer an opinion as to whether Public Officers Law Section 36 and Civil Service Law Section 75 includes any provision for the removal of a member of the Board of Assessment Review due to unexcused absences. AND BE IT FURTHER RESOLVED: That the City Clerk forward a certified copy to the New York State Division of Equalization and Assessment for their opinion as to the establishment of Council legislation authorizing removal of a board member for three unexcused absences. ADOPTED. No. 219 BY MR. HIGGINS FISCAL INDEPENDENCE FOR THE BUFFALO BOARD OF EDUCATION WHEREAS: The Commission on Quality Education, established by the Common Council, issued its report in January, 1991 recommending a phased approach leading to fiscal independence for the Buffalo Board of Education. The phased approach included: 1. A negotiated five year agreement between the Administration, Board of Education and Common Council dedicating a specific percentage of local property tax revenues exclusively for educational purposes. 2. The agreement would include a provision that if fiscal independence is not achieved by the end of the five year period, the agreement would then convert to a division of the constitutional taxing limit of 2% of full value between the Board and the City, thus giving the Board limited taxing authority; and WHEREAS: The Common Council established the Funding Formula Review Panel, to be composed of three Board of Education members, Mayoral appointees, and Council members to review, discuss and implement the recommendations; and WHEREAS: The Funding Formula Review Panel met in January, 1992 with appointed Board of Education members and Council Members and found any funding agreement would need the support of the Administration, Board and Council. While the Mayor did not appoint representatives to the panel, he did respond to the Council's request for his position on the Commission's recommendations stating, I, favor the pursuit of fiscal independence for the Board of Education but I oppose the interim steps included in the Commission's recommendations. (C.C.P. #7, April 2, 1991); and WHEREAS: It is essential the Funding Formula Review Panel have all available information and opinions as to the merit and possible impact of fiscal independence. NOW, THEREFORE BE IT RESOLVED: That this Common Council support the pursuit of fiscal independence for the Board of Education; and BE IT FURTHER RESOLVED: That the Board of Education provide this Council with their position on fiscal independence; and BE IT FURTHER RESOLVED: That the Department of Administration and Finance provide this Council with cost comparisons specifically addressing the current constitutional taxing limit as it applies to the City of Buffalo and the fiscally dependent Board of Education, the impact on the constitutional taxing limit for a fiscally independent Board of Education and the amount of tax limitations to be separately apportioned for municipal and school needs; and BE IT FURTHER RESOLVED: That the Corporation Counsel prepare a report on the process, procedure, and general timetable for fiscal independence, and specifically address the language of the formal request needed to ask New York State to commence the constitutional amendment process to confer fiscal independence upon the Buffalo Board of Education; and BE IT FURTHER RESOLVED: All responses be referred to the Funding Formula Review Panel. ADOPTED. AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- ARTHUR, BELL, COLLINS, PITTS- 4. No. 220 BY: MESSRS. HIGGINS & FRANCZYK Keep Edward M. Cotter Fireboat WHEREAS: The Edward M. Cotter is the nation's oldest fireboat, and played an integral role in Buffalo's development ever since it began operating in 1900; and WHEREAS: The Cotter provided essential fire protection to the waterfront when Buffalo boasted a thriving array of flour mills, grain elevators, and warehouses along the water's edge; and WHEREAS: With the decrease in commerce on the Great Lakes and the development of new technology, the (otter's functional value as a firefighting apparatus has declined dramatically; and WHEREAS: Although it is still in relatively good condition, the (otter is no longer cost-effective as a day-to-day firefighting and icebreaking vessel; and WHEREAS: The Cotter could still be used on an sporadic basis, but has even greater potential as a tourist attraction and an educational tool; and WHEREAS: A meaningful historic link to the rich past of Buffalo's waterfront, the Cotter is recognized by historians and preservationists across the country as one of a small number of fireboats that has played an important role in the history of America; and WHEREAS: Selling the Cotter to help alleviate the current fiscal crisis would be a shortsighted move that would have little impact upon the budget deficit, but would have a significant long-term detrimental effect upon the City of Buffalo; and WHEREAS: Representatives of the 300-member Buffalo Fire Historical Society have expressed a willingness to preserve and operate the Cotter, as is being done in Seattle with the country's second-oldest fireboat; and WHEREAS: As we continue our efforts to redevelop Buffalo's waterfront, it is important to maintain this link to the area's rich historic past as "the Queen City of the Great Lakes;" NOW, THEREFORE BE IT RESOLVED: That this Common Council strongly urge that the Edward S. Cotter Fireboat be kept in Buffalo as part of a permanent waterfront exhibit, and for possible duties as a firefighting and icebreaking vessel; and BE IT FURTHER RESOLVED: That this honorable body encourages and supports efforts to pursue landmark status for the Cotter, and to make it a centerpiece of a Buffalo Firefighting Museum. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI-12. NOES- ARTHUR- 1. No. 221 BY: MR. HIGGINS Home Rule Message-Legislation 5.4064-A, A6611-A to Amend Penal Law of the State of New York in Relation to Assaults Upon Parking Enforcement Officers WHEREAS: There has been introduced in the Senate, Bill #4064-A and the Assembly, Bill #A6671-A legislation to amend subdivision 3 of section 120.05 of the penal law of the State of New York to classify an assault against a Parking Enforcement Officer as a Class D felony; and WHEREAS: Currently, those arrested for assaulting a parking violations officers face only a charge of misdemeanor assault; and WHEREAS: As acts of violence against parking enforcement officers occur too frequently, it is necessary to amend the State penal law to make such assaults a Class D felony. NOW, THEREFORE BE IT RESOLVED: That this Common Council hereby request the State Legislature to enact into law Senate Bill 5.4064-A and Assembly Bill A6671-A to amend section 120.05 subdivision 3 of the penal law of the State of New York to classify an assault against a Parking Enforcement Officer as a Class D felony; and BE IT FURTHER RESOLVED: That the City Clerk be, and he hereby is directed to forward certified copies of this Home Rule Message to the Home Rule Counsel of the Senate, to the Clerk of the Assembly and to members of the Western New York Delegation. ADOPTED. No. 222 BY: MR. PERLA CRIME WATCH SIGNS FOR DAYS PARK BLOCK CLUB WHEREAS: Residents of Days Park Block Club located between Cottage and Wadsworth/Allen, have submitted a petition to the Buffalo Police Department requesting that Crime Watch Signs be installed on their street; and WHEREAS: The block club is asking that these signs be erected at the following locations: on Cottage Street at Days Park facing Cottage; in front of School No. 33 at Days Park; and in Days Park near Allen Street; and NOW, THEREFORE BE IT RESOLVED THAT: That this Common Council grants permission to have neighborhood Crime Watch Signs installed at the location mentioned above by the City of Buffalo Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 223 BY MESSRS. PERLA, COPPOLA & ZUCHLEWSKI ELM LEAF BEETLE PILOT PROGRAM OF THE RICHMOND AVENUE NEIGHBORHOOD ASSOCIATION WHEREAS: The Richmond Avenue Neighborhood Association has experienced severe problems with the Elm Leaf Beetle affecting the trees located on Richmond Avenue for many years; and WHEREAS: The Elm Leaf Beetle population has reached high levels, and the City of Buffalo has also experienced similar problems with the Elm Leaf Beetle throughout the city for several years; and WHEREAS: The Parks Department has used the pesticide Sevin (active ingredient: carbaryl) from 1970 to 1989 in an attempt to control the Elm Leaf Beetle problem; and WHEREAS: The Pest Management Board has concluded that agent Sevin is highly toxic, hazardous, and could be detrimental to the health of residents; and WHEREAS: The life cycle of the Elm Leaf Beetle includes a period when larvae climb down the trunk of the tree to pupate on the ground before becoming adults; and WHEREAS: The Buffalo Pest Management Board has developed a program for the Elm trees which includes monitoring, worker training, public education, and a treatment plan which includes spraying a band of insecticide around the trunks of trees to intercept larvae as well as aerial spraying of trees with a low toxicity narrow spectrum insecticide such as Bacillus Thuringiensis; and WHEREAS: The Board has further noted that when the trunks of Elm trees are wrapped with burlap in early May the burlap can effectively capture Elm Beetle larvae which can then be shaken into water and drowned at appropriate intervals, resulting in a considerable reduction in the infestation of the beetles; NOW, THEREFORE BE IT RESOLVED THAT: The Common Council requests that the Parks Department allow the Richmond Neighborhood Community Association to act as a pilot program for the City of Buffalo in attempting to alleviate the Elm Leaf Beetle problem; and BE IT FURTHER RESOLVED: That the members of the association, paying for the expenses of the burlap, would wrap each tree trunk in burlap in early May on each side of Richmond Avenue from Forest Avenue to Symphony Circle; and BE IT FURTHER RESOLVED: That the pesticide Sevin be forbidden to be used by the Parks Department on the trees along Richmond Avenue and this Common Council requests Parks to use the treatment methods developed by the Pest Management Board for the trees on Richmond Avenue; BE IT FURTHER RESOLVED: That the Common Council requests that the Parks Department submit a report of the results of this pilot program to the Common Council by March 1, 1993 and using the results of this program, initiate a similar program for the entire City of Buffalo in the future in an effort to protect the environment and the health of the citizens of the City of Buffalo. ADOPTED AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12 NOES- ARTHUR- 1. No. 224 BY: MR. PITTS SALARY ORDINANCE AMENDMENT - 50 - DEPARTMENT OF HUMAN RESOURCES 50-4 DIVISION OF SUBSTANCE ABUSE SERVICES The Common Council of the City of Buffalo do ordain as follows: That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50-4 Division of Substance Abuse Services under the subheading "011 YDA-DACC Narcotic Control Program" which reads: 1 Account Clerk-Stenographer $19,919 - 22,237 1 Account Clerk-Typist $19,346 - 21,601 is hereby amended to read: 2 Account Clerk-Typist $19,346 - 21,601 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Account-Clerk Stenographer position and the creation of one (1) Account Clerk-Typist position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 225 BY: MR. ZUCHLEWSKI Authorize Acceptance of Erie County Funds - Scajaquada Pathway Phase B Project Whereas, the County of Erie has appropriated approximately $251,000 for the design and construction of the Scajaquada Pathway Phase B project; and Whereas, the County will make up to $100,000 available for the design of the project on a 50% County-50% City cost sharing ratio; and Whereas, the City's share of design funds is available in the Capital Planning Project Reserve Fund No. 200-061001; and Whereas, Common Council authorization is required to accept County funds and to retain the services of a design firm for the Pathway project. Now, therefore, be it resolved by the Common Council of the City of Buffalo that: The Mayor be, and he hereby is, authorized on behalf of the City of Buffalo to accept the funds tendered by the County of Erie; The Mayor is authorized to enter into all necessary agreements and contracts to assure the prompt and expeditious implementation of the Scajaquada Pathway Phase B Project; The Mayor is further authorized to execute such other action as may be necessary to effectuate the purpose of the transfer agreement and this resolution; The Comptroller be, and he hereby is, directed to establish a Trust and Agency Account to account for said funds; The Department of Community Development be, and hereby is, authorized to retain the services of an architectural/engineering/planning firm to design the Scajaquada Pathway Phase B Project. PASSED. AYES- 13 NOES- 0. No. 226 BY:MR. ZUCHLEWSKI SUPPORT COST RECOVERY SYSTEM WHEREAS: Elected officials and their constituents around the country have promoted the premise that government should be "run more like a business," and WHEREAS: This premise can very well be applied to the City of Buffalo especially in these troubled financial times, and WHEREAS: Councilmember Archie Amos has arranged for a presentation from Management Services Institute to develop a Municipal Business System for the City of Buffalo, and WHEREAS: One of the criticisms of this approach has been that it does little to solve this year's budget dilemma, and WHEREAS: One of the criticisms of this Common Council and Mayor is that we have done little to look beyond our present problems and plan for the future, and WHEREAS: If we are to spend our most precious tax revenues to provide for basic city services such as police protection, fire protection, garbage and trash pickup, then we have no alternative than to make other services pay for themselves, NOW, THEREFORE, BE IT RESOLVED: that this Common Council request Management Services Institute for a breakdown of their proposed $985,000 fee over 24 months, and BE IT FURTHER RESOLVED: that this Common Council authorize the Special Committee on the Budget to negotiate a fee schedule and time table for services. BE IT FINALLY RESOLVED: that if the Mayor is opposed to this budget approach that the Common Council contract directly with Management Services Institute through its budget. Mr. Fahey moved to adopt the first resolve to request Management Services Institute for a breakdown of their proposed $985,000 fee over 24 months; and that the balance of the item be referred to the Special Committee on Budget. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12 NOES- ARTHUR - 1. No. 227 BY: MR. ZUCHLEWSKI INSTALLATION FEES FOR WHEELCHAIR LIFT, INCLUDING VERTICAL WHEELCHAIR LIFTS, INCLINED WHEELCHAIR LIFTS AND INCLINED STAIRWAY CHAIRLIFTS WHEREAS: At its regular meeting of November 12, 1991, this Common Council introduced an ordinance amendment to Charter 167, Section 167-1 of the Code of the City Buffalo regarding elevator installations. Subsequently, this ordinance amendment was approved at a later date; and WHEREAS: Upon the adoption of this ordinance amendment, Charter 167 now reads that anyone wishing to install any of the aforementioned residential handicapped lift units must pay for the necessary elevator construction permits as required for the installation of any elevator, dumbwaiter, escalator, or moving sidewalk; and WHEREAS: These fees are not covered by handicapped programs and must therefore, be paid by the private homeowner or handicapped resident; and WHEREAS: It is my belief that by imposing these costly permit fees for the installation of a residential handicapped lift, we are imposing a hardship on our handicapped population; and WHEREAS: Presently, with this ordinance amendment intact, it would cost a handicapped individual or their family in excess of $450.00 alone for permit fees for the installation of a wheelchair lift; NOW, THEREFORE, BE IT RESOLVED: That the Common Council understands that a request has been submitted to the Law Department for a lower flat fee to be imposed for the installation of such handicapped units; and BE IT FURTHER RESOLVED: That the Common Council requests that the Law Department approve this change before the next Council meeting of April 28th so that handicapped individuals will not have to suffer additional undue expenses; and BE IT FINALLY RESOLVED: That the City Clerk be directed to forward certified copies of this resolution to the Law Department, Members of the Elevator Safety Review Board and the Office for People with Handicapped Conditions. ADOPTED. No. 228 BY: MR. ZUCHLEWSKI REAFFIRM COMMITMENT TO STUDY RELOCATION OF NIAGARA SECTION OF THE NEW YORK STATE THRUWAY WHEREAS: Last year, a group of citizens in the Riverside area of the city proposed the idea of relocating the Niagara section of the Thruway from the edge of the Niagara River inland to a railroad right of way; and WHEREAS: The idea gained support from the federal government when Congressman Henry Nowak obtained $240,000 to conduct a feasibility study on relocation of the highway; and WHEREAS: Residents In Riverside, as well as others throughout the city, have complained since the Thruway was constructed in the 1950's that they have been cut off from the beauty and splendor of our beloved waterfront; and WHEREAS: The development of our waterfront is the key element In the expected resurgence of Buffalo and relocation of the Thruway from the water's edge will only enhance recreational waterfront development; and WHEREAS: Any project of this magnitude will undoubtedly encounter some obstacles and opposition, but the potential to be realized is too great to give up the fight before it has been thoroughly studied; and WHEREAS: Moving forward with a comprehensive feasibility study to explore all options for relocating the Thruway is the only wise thing to do, but the primary focus of the study should be to utilize the railroad right of way as has been suggested by the community; NOW, THEREFORE, BE IT RESOLVED: That the Common Council reaffirms its support for the relocation of the Niagara section of the New York State Thruway the Conrail right of way; and BE IT FURTHER RESOLVED: That this Honorable Body states its opinion that the feasibility study should, as its first priority, determine if relocating the Thruway is possible; and BE IT FINALLY RESOLVED: That other options for waterfront access be studied only after a determination is made on relocating the Thruway. ADOPTED. No. 229 BY:MR. ZUCHLEWSKI Felicitations and/or In Memoriams Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for Ronald Katz By Councilmember Amos Felicitation for Jessica Rainey By Councilmember Collins In Memoriam for Peter J. Crotty By Councilmember Arthur In Memoriam for William B. Hoyt By Councilmember Fahey and the City Clerk is hereby directed to have the above resolutions framed at a cost not to exceed Seven Dollars and Fifty Cents ($7.50) each. ADOPTED. No. 230 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: Richard E. McFail TOTAL-1 ADOPTED. No. 231 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: Luke Cybulski Frederick E. Evert Marianne DeMarco Samuel F. Houston TOTAL: 4 ADOPTED. UNFINISHED BUSINESS No. 232 INCREASE APPROPRIATION - FRINGE BENEFITS (ITEM NO. 162, C.C.P., MARCH 17, 1992) (ITEM NO. 4, C.C.P., APRIL 7, 1992) Mr. Fahey moved that Item No. 4, C.C.P., APRIL 7, 1992, be taken from the table. Seconded by Mr. Amos CARRIED. Mr. Fahey moved that the above item be approved. Seconded Mr. Amos. PASSED. AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-9 NOES- ARTHUR, COLLINS, COPPOLA, PITTS-4. No. 233 BUDGET NOTE RES. - $17,077,871 (ITEM NO. 171, C.C.P., MARCH 17, 1992) (ITEM NO. 5, C.C.P., APRIL 7, 1992) Mr. Fahey moved that Item No. 5, C.C.P., April 7, 1992, be taken from the table. Seconded by Mr. Amos CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Amos. PASSED. AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- ARTHUR, COLLINS, COPPOLA, PITTS-4. No. 234 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES CIVIL SERVICE Tuesday, APRIL 21, 1992 9:30 AM FINANCE Tuesday, APRIL 21, 1992 Immediately Following Civil Service LEGISLATION Tuesday, APRIL 21, 1992 2:00 PM ECONOMIC DEV. Wednesday, APRIL 22, 1992, 10:00 AM ANCILLARY COMMITTEES BUDGET COMM. Thursday, April 16, 1992, 9:00 AM No. 235 Adjournment On motion by Mr. Fahey, Seconded by Mr. PerIa, the Council adjourned at 5:10 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G Sciolino, Council and Committee Reporter.