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HomeMy WebLinkAbout92-0526 1No. 11 Common Council Proceedings of the City of Buffalo Regular Meeting, May 26, 1992 Pension Meeting May 21, 1992 Special Meeting May 28, 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, May 26, 1992 at 2:00 P.M. PRESENT - George K. Arthur, President of the Council, and Council Members Amos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, and Zuchlewski - 11. ABSENT - Bakos, Pitts- 2 Mr. Pitts took his seat in the chambers after item No. 26. Mr. Bakos took his seat in the chambers after item No. 49. On a motion by Mr. Fahey, seconded by Mr. Bell, the minutes of the stated meeting held May 12, 1992, the adjourned sessions held May 13th, 14th and May 15th, 1992, and the Special Session held on May 15, 1992, were approved. FROM THE MAYOR No. 1 Reappointment of members of Horizons Waterfront Commission, Inc. Pursuant to the powers vested in me by Section 3 (ii) of Article II of the By-Laws of the Horizons Waterfront Commission, Inc., as amended, I hereby reappoint the below listed persons as voting directors of the Horizons Waterfront Commission, Inc. EXPIRATION DATE Roseanne Frandina, P.E. 3/2/94 88 Fordham Drive Buffalo, 14216 Carl P. Paladino 3/2/94 282 Potters Road Buffalo, 14220 Daniel Cunningham 3/2/93 316 Whitfield Avenue Buffalo, 14220 Daniel Cunningham will serve the unexpired term of Carl P. Paladino. Roseanne Frandina and Carl P. Paladino are being reappointed to full two year terms. I hereby certify that Roseanne Frandina, P.E., Daniel Cunningham and Carl P. Paladino are all fully qualified for reappointment as voting directors of the Horizons Waterfront Commission, Inc. RECEIVED AND FILED. No. 2 Appointment of member of Municipal Civil Service Commission Pursuant to the power vested in me by Section 66 of the Charter of the City of Buffalo, I hereby appoint Louis L. Berger, Jr., 925 Delaware Avenue, Buffalo - 14209, as a member of the Municipal Civil Service Commission effective June 1 1992 for a term to expire on May 31, 1998. Mr. Berger will succeed E. W. Dann Stevens whose term expires on May 31, 1992. Louis L. Berger, Jr., a Buffalo native attended Nichols School and graduated from Brown University. Mr. Berger and his wife, the former Gloria Bernstein have two daughters, Lauren and Karyl. Louis L. Berger, Jr. distinguished himself in the service of his country by serving in the medical corps of the 8th Infantry Division during World War II. Mr. Berger has made a financial and business commitment to the Buffalo area as the head of L.L. Berger and provided the needed leadership and served as a catalyst for downtown development. Louis L. Berger, Jr., an outstanding athlete, has dedicated much of his time to the Buffalo community through his service with many local organizations, to include the Chamber of Commerce, the Buffalo Urban League, the Nichols School Board of Trustees and the Western New York Retail Merchants Association. Mr. Berger has also shown his commitment to the future of Buffalo through his service as a member of the Downtown Stadium Committee. I hereby certify that Louis L. Berger, Jr., is fully qualified to serve as a member of the Municipal Civil Service Commission. RECEIVED AND FILED. No. 3 Reappointment of Member of Board of Parking Pursuant to the powers vested in me by Section 109 R of the Charter of the City of Buffalo, I hereby reappoint, subject to confirmation by Your Honorable Body, Donald G. Keller, residing at 174 Huntley Road, Buffalo, New York - 14215, as a member of the Board of Parking for a term expiring March 31, 1999: Donald G. Keller, a lifelong resident of the City of Buffalo holds a Bachelor of Science degree in Business Management from Lehigh University. From 1964 to 1978 Mr. Keller was employed by the National Gypsum Company at 325 Delaware Avenue in Buffalo and held positions as Credit Manager, Corporate Auditor, Properties Manager for six years and Purchasing Director for the last five years. Donald G. Keller had been employed by the M&T Bank as Assistant Vice President. Mr. Keller currently is employed by Tops Markets as Director of Facilities. Mr. Keller is an active member of the Construction Industry Users Council and the Chamber of Commerce. He is also active in St. Benedict's as a CCD Instructor and Lector and as a member of the Parish Council. Donald Keller is a member of the Board of Governors of the Construction Exchange. I hereby certify that Donald G. Keller is fully qualified for reappointment to the Board of Parking. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 4 Residency Requirements for all Employees of the City of Buffalo, Buffalo Public Schools, BMHA, BURA, and Buffalo Sewer Authority Item No. 192, C.C.P., May 12, 1992 This Administration strongly supports residency requirements for city employees. These requirements should be as broad and inclusive as possible. I am attaching a copy of a letter to Governor Cuomo on this subject. RECEIVED AND FILED. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 5 C. Hunt - Request to place a non-illuminated ground sign at 2303 Delaware. Item No. 103, C.C.P., May 12, 1992 The City Planning Board at its regular meeting held Tuesday, May 19, 1992 considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The Planning Board voted to receive and file the requested sign upon the request of the applicant who desires to withdraw his application. RECEIVED AND FILED. No. 6 Atlantic Refining Co. - Request to erect an illuminated, accessory, pole sign (replacement) at 456-460 Elmwood Ave. Item No. 104, C.C.P., May 12, 1992 The City Planning Board at its regular meeting held Tuesday, May 19, 1992 considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect a 13 foot 7 inch by 8 foot pole mounted sign which will be accessory to a gasoline station/mini market operation. The proposed sign will replace an existing pole mounted sign. The proposed sign has a sign face area of 109 square feet which exceeds the area allowed in the Buffalo Code (Section 219-4). In this regard, the applicant agreed to reduce the area of the proposed sign to 8 feet by 12 feet, or 96 square feet with an overall height of 20 feet. Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the smaller (96 square foot) sign. RECEIVED AND FILED. No. 7 Atlantic Refining Co. - Request to erect an illuminated pole sign at 690 Kenmore Ave. Item No. 105, C.C.P., May 12, 1992 The City Planning Board at its regular meeting held Tuesday, May 19, 1992, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant, Atlantic Refining Co., seeks to place an accessory, illuminated pole sign measuring 10 feet by 10 feet, or 100 square feet and 19 feet in overall height. The sign will replace an existing pole sign on the site. The proposed sign conforms to regulations governing such signs in 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 Refining Co. - Request to erect an illuminated pole sign at 2075 Delaware Ave. Item No. 106, C.C.P., May 12, 1992 The City Planning Board at its regular meeting held Tuesday, May 19, 1992 considered the above request pursuant to section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant, Atlantic Refining Co., seeks to place an accessory, illuminated pole sign measuring 10 feet by 10 feet, or 100 square feet and 19 feet in overall height. The sign will replace an existing pole sign on the site. The proposed sign conforms to regulations governing such signs in 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. 9 City of Buffalo (Columbus Hospital) Request to place an illuminated directional sign at 300 Niagara Street (corner Carolina) Item No. 107, C.C.P., May 12, 1992 The City Planning Board at its regular meeting held Tuesday, May 19, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant, Columbus Hospital, seeks to place an illuminated pole sign measuring 4 feet by 3 feet, or 12 square feet with an over all height of 14 feet. The sign will direct users to the Emergency Room of the hospital. When erected, the sign will allow 11 feet from the bottom of the sign face to grade level, thus providing corner visibility for traffic at the Niagara and Carolina Street intersection. The site is located in the Waterfront Urban Renewal area. The Commissioner of the Department of Community Development must approve the proposed sign. In this vein, it should also be noted that the Buffalo Urban Renewal Agency is the owner of the property on which the sign will be located and therefore must give its consent to install the sign. Given these facts, the City Planning Board voted to approve the proposed entrance sign on the condition that the Commissioner of Community Development approves the sign. RECEIVED AND FILED. No. 10 The Hop Inc. Request to place a roof mounted accessory sign at 325 Fuhrmann Blvd. Item No. 108 C.C.P., May 12, 1992 The City Planning Board at its regular meeting held Tuesday, May 19, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an accessory, illuminated, pole sign which will be mounted on the roof of a one-story open bar adjacent to an existing two- story restaurant. The proposed sign will measure 8 feet by 14 feet, or 112 square feet in area. When installed on the roof, it will be 24 feet in overall height. The site is located in an M3 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 Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 11 D. Bellanca - Request to place a sidewalk cafe at 130 Genesee St. (corner Oak) Item No. 40, C.C.P., May 12, 1992 The City Planning Board at its regular meeting held Tuesday, May 19, 1992 considered the above application pursuant to Section 413-59 of the Buffalo Code, Review of Sidewalk Cafes. The applicant seeks to place a sidewalk cafe entirely on city property which will be contiguous to his existing restaurant. The cafe measures 8 feet by 33 feet or 264 square feet. The cafe area will be seasonal and will be delineated by an ornamental chain or rope. The cafe will be situated on a portion of Genesee Street which has a 21-foot sidewalk. Therefore, 13 feet of unobstructed sidewalk will exist between the outer edge of the cafe and the curb. Moreover, there are no public appurtenances in the vicinity of the cafe. Under S.E.Q.R., the proposed cafe is considered a Type II action which does not require further environmental review. It should also be noted that the Department of Public Works has recommended that a "mere license" be granted for the cafe. The Planning Board voted to approve the proposed cafe with the following conditions: 1. that the cafe be opened until no later than 11:00 PM. daily, 2. that no music be allowed in the cafe area, and 3. that no trash receptacles are placed in the cafe area. RECEIVED AND FILED. No. 12 C. Blake - Request to place a sidewalk cafe at 268 Main Street Item No. 41, C.C.P., May 12, 1992 The City Planning Board at its regular meeting held Tuesday, May 19, 1992 considered the above request pursuant to Section 413-59 of the Buffalo Code, Review of Sidewalk Cafes. The applicant seeks to place a sidewalk cafe measuring 20 feet by 32 feet, or 640 square feet. The cafe will encroach 20 feet into the right-of-way of the Main Place Pedestrian Mall with a raised carpeted platform bordered by a wrought iron railing. The cafe will be removed each year. The Department of Public Works has reviewed the proposed cafe and has recommended that Your Honorable Body grant a "mere license" for it. The site is located in the DO zone which encourages pedestrian uses. The site also lies within Buffalo Place which has reviewed the proposed cafe and has no objection to the cafe. Lastly, the site is within the Joseph Ellicott Historic Preservation District. Consequently, the Buffalo Preservation Board must review the proposed cafe. Under S.E.Q.R., the proposed cafe use is a Type II action which does not require further environmental review. It should be noted that the Buffalo Preservation Board will conduct its own review of the proposed cafe for conformance with the aesthetics of the Joseph Ellicott District. Although the cafe is 20 feet in width, there is still 17 feet of sidewalk between its outer edge and the curb of the south bound Light Rail Rapid Transit line. Various public appurtenances can be found in the pedestrian mall area, such as, benches, light standards, and ticket dispensers. The proposed cafe however will not interfere with these appurtenances. Given these salients, the Planning Board voted to approve the sidewalk cafe with the following conditions: 1. that no part of the proposed sidewalk cafe be closer than 4 feet from any public appurtenance in the pedestrian mall area; 2. that the cafe be opened no later than 11:00 PM. daily, 3. that no music shall be played in the cafe area, and 4. that no trash receptacles be placed in the cafe area, 5. that the cafe be approved by the Buffalo Preservation Board. RECEIVED AND FILED. No. 13 P. Braun - Request to install a yardarm sign which will encroach with the right-of-way of Jewett Ave. at 2421 Main St. (corner) Item No. 42, C.C.P., May 12, 1992 The City Planning Board at its regular meeting May 19, 1992 considered the above request pursuant to Section 413-67 of the Buffalo Code, Review of Right-of-Way Encroachments. The applicant seeks to affix a yardarm type sign which measures 6 feet 6 inches by 6 feet 6 inches, or 42 1/4 square feet in area. The sign will be 12 feet from grade and will encroach 6 feet 6 inches into the right-of-way of Jewett Avenue. The site is located in a CM zone which permits such accessory signs. Moreover, the Department of Public Works has recommended to Your Honorable Body that a "mere license" should be granted. Under S.E.Q.R., the 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. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 14 Establishing a SEQRA Process for Capital Budget Projects Item No. 164, C.C.P. 4/28/92 The Environmental Management Commission has reviewed the Common Council resolution "Establishing a SEQRA Process for Capital Budget Projects". The Commission agrees that appropriate SEQR review is required for such projects, and is of the opinion that such review will benefit Buffalo. The City Charter sections which authorize the Commission create an appropriate foundation for the Commission's serving in a technical and advisory role regarding SEQR activities. The Commission would be pleased to provide City officials with the assistance envisioned in the resolution. Regarding specifics of the process, the Commission is of the view that: 1) Each resolution describing a project and initiating the process should include or reference sufficient factual information to make possible the prompt preparation of SEQR documents. 2) Time limits mentioned in the existing resolution should be further refined so as to facilitate a smooth and orderly process. 3) Provision should be made for a project Lead Agency, upon demonstration of good cause, to extend the time schedule within reason. 4) It be recognized that the developing process may have substantial impacts on staff. 5) Appropriate review and adjustment of the process and mechanisms, where necessary, should be conducted after six and twelve months of process operation. 6) The proposed local SEQR ordinance would support the process and as well support the timely and environmentally sound execution of a wider range of City projects. The SEQR ordinance should be reviewed, refined, and adopted. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 15 Certificate of Determination $6,215,000 Bond Anticipation Notes for Water Supply Improvement CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION, ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $6,215,000 BOND ANTICIPATION NOTES FOR WATER SUPPLY IMPROVEMENTS- 1992 OF THE CITY OF BUFFALO, NEW YORK. The Notes are hereby sold at private sale to Smith Barney, Harris Upham & Co. Inc., New York, New York as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated May 6, 1992, between said Managing Underwriter and the City. The Notes will be dated May 13, 1992 and will bear interest at the rate of (3.875%) per annum, payable on May 13, 1993. The Notes will be delivered and shall be paid for on or about May 13, 1992 in New York, New York. An Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. RECEIVED AND FILED. No. 16 Certificate of Determination $18,585,000 Pond Sale CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF (1) $11,640,000 GENERAL IMPROVEMENT SERIAL BONDS- 1992 - A (2) $6,945,000 SCHOOL SERIAL BONDS- 1992 -B OF THE CITY OF BUFFALO, NEW YORK, AGGREGATING $18,585,000 AND PROVIDING FOR THE PRIVATE SALE THEREOF - The Bonds are hereby sold at private sale to Smith Barney, Harris Upham & Co. Inc., New York, New York as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated May 6, 1992, between said Managing Underwriter and the City. The Bonds of both issues will be dated April 1, 1992 and will bear interest at the rate(s) per annum specified by the underwriters therefor in accordance herewith, payable on October 1, 1992, and semi-annually thereafter on the first days of April and October in each year until maturity. The Bonds will be delivered and shall be paid for on or about May 13, 1992 in New York, New York. An Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. RECEIVED AND FILED. No. 17 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF DEVELOPMENT We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $4,279 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, MAY 18, 1992 RECEIVED AND FILED. No. 18 Certificate of Necessity Transfer of Funds Appropriation Allotments - Exempt Items - Parking Enterprise Fund - Parking 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 $6,500 be transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items -Parking, 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, May 21, 1992 RECEIVED AND FILED. No. 19 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION RETAINED EARNINGS APPROPRIATION ALLOTMENTS -ENTERPRISE FUND - STADIUM & AUDITORIUM 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 $7,500 in the estimates for the fiscal year beginning July 1, 1991 is necessary in Appropriation Allotments -Enterprise Fund - Stadium & Auditorium to meet a contingency which could not have been reasonably foreseen when the budget was adapted. The amount of increased appropriation will be met from 430-899-000 - Retained Earnings not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, MAY 21, 1992 RECEIVED AND FILED. No. 20 Certificate of Necessity Transfer of Funds Appropriation Allotments Enterprise Fund - Water Department of Water We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $576,018 be transferred and reappropriated from various accounts in Appropriation Allotments Enterprise Fund - Water as set forth below. The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, May 21, 1992 RECEIVED AND FILED. No. 21 Permission to Negotiate 53-59 Seymour, SE Corner Hagerman Vacant Land: 97' x 50' Assessed Valuation: $1,900 63-67 Seymour, S 97' E Hagerman Vacant Land: 52' x 50' Assessed Valuation: $1,000 69-75 Seymour, SW Corner Emslie Vacant Land: 115' x 50' Assessed Valuation: $2,200 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Joseph A. Deck, Jr. of Stovroff & Herman, on behalf of Par-Foam Products of 239 Van Rensselear requesting to purchase the above captioned properties. Par-Foam Products is in the process of buying 16 Emslie Street and in conjunction would like to purchase the above captioned properties, which are adjacent to 16 Emslie, for additional warehouse space and off-street parking. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale, providing the following conditions are met: 1. Par Foam Products obtain title to 16 Emslie. 2. Par Foam Products provides assurance that the acquired land will be used as parking space and additional warehouse facilities only. 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. Mr. Fahey moved: That the communication from the Comptroller dated May 13, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Par-Foam Products, 239 Van Rensselear for the private sale of the following properties: 53-59 Seymour, 63-67 Seymour, and 69-75 Seymour, and report to this Honorable Body the results of such negotiations. The following conditions are to be met: 1. Par Foam Products obtain title to 16 Emslie. 2. Par Foam Products provides assurance that the acquired land will be used as parking space and additional warehouse facilities only. ADOPTED. No. 22 Result of Negotiation 12 Harwood, N 120' E of Jefferson Vacant Land: 40' x 119' W w/a/p 132.30' EL, 135.21' WL 83.84' in Rear Assessed Valuation: $3,400 Item # 9, C.C.P. 3/31/92 In the above mentioned Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Larry Owens for the above referenced property. Mr. Owens is the owner of 16-20 Harwood and operates his vending business from that address. An independent appraisal of the property was conducted by Mr. Michael W. Heigel, Appraiser, Buffalo, New York. He has estimated the fair market value of the property at Two Thousand Four Hundred Dollars ($2,400). The property at 12 Harwood consists of two parcels. Parcel A consists of a lot 40' x 119' estimated at One Thousand Four Hundred Dollars ($1,400). Parcel B, the rear portion was estimated at One Thousand Dollars ($1,000). The Division of Real Estate concurs with the appraiser's estimate of values. The results of our negotiations are that Mr. Owens has agreed and is prepared to pay Two Thousand Dollars ($2,000) for the above property. He has also agreed to pay for the costs of the appraiser, transfer tax, recording fees and cost of the legal description. In addition to the above costs to be paid by Mr. Owens he has agreed to clean and clear the lot which has become a dumping ground in the neighborhood at his own expense. Since Mr. Owens has agreed to clean and clear the lot at his own expense, I am recommending that Your Honorable Body approve the offer of Two Thousand Dollars ($2,000) which is Four Hundred Dollars ($400) below the estimated market value. I am further recommending that Your Honorable Body authorize the Mayor to sign the necessary documents for the transfer of title to Mr. Owens. Mr. Fahey moved: That the communication from the Comptroller dated May 13, 1992, be received and filed; and That the offer of Mr. Larry Owens, owner of 16-20 Harwood Street, Buffalo, New York in the sum of Two Thousand Dollars ($2000.00) to purchase the property described as 12 Harwood Street, Buffalo, New York, be and hereby is accepted; and That the cost of the appraisal report requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the purchaser will clean and clear the lot at his own expense; and That the Mayor be authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid wads submitted. PASSED. AYES- 11 NOES- 0. No. 23 1415 Fillmore Item # 94, C.C.P. 11/12/91 This morning the Division of Real Estate was informed by the tenant of the above captioned property that the building was struck by an automobile an sustained considerable damage. On your agenda today from the Finance Committee you have an item approving the transfer of this property to the Odyssey Club for One Dollar. Before the item is approved I recommend that the Odyssey Club be notified that the building has been substantially damaged. The Division of Real Estate is awaiting an accident report from the Buffalo Police Department. Any additional information you may need, contact John Hannon, Director of Real Estate. REFERRED TO THE COMMITTEE ON FINANCE. No. 24 Renewal Option Lease Agreement Between the City of Buffalo and Kensington- Bailey Area Planning Committee, Inc. Pursuant to Item # 1, C.C.P. April 18, 1989, Your Honorable Body authorized the leasing of a Community Center located at 2969-71 Bailey Avenue to Kensington- Bailey Area Planning Committee, Inc. This lease agreement was for a one-year period (December 1, 1989 through November 30, 1990) with nine (9) additional one-year periods. This office has received a request from Ms. Rita M. Hunt, Director of Kensington- Bailey Area Planning Committee, Inc. to exercise their option to renew said lease for an additional one year period as stated on page 2 of their lease agreement. The lessee has fully satisfied this requirement and has complied with all other provisions and terms of the lease. This renewal will be for the period of December 1, 1991 through November 30, 1992. This reflects the second renewal option of the lease agreement. This Office recommends Your Honorable Body's authorization to allow Kensington- Bailey Area Planning Committee, Inc. to exercise their option to renew for the property known as 2969-71 Bailey 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 Division of Real Estate dated May 21, 1992 be received and filed; and That the exercise of the one-year renewal option of the lease agreement between the City of Buffalo and Kensington- Bailey Area Planning Committee for the Community Center at 2969-71 Bailey Avenue for the period December 1, 1991 through November 30, 1992 be and hereby is approved; and That the Mayor be and hereby is authorized to execute a lease renewal agreement upon its approval as to form by the Law Department. PASSED. AYES- 11 NOES- 0. No. 25 Approve Lease Agreement Between the City of Buffalo and Frederick Jenkins 1554, 1556, and 1558 Genesee Street The Division of Real Estate has received a request from Mr. Frederick Jenkins, 48 Devonshire Road, Tonawanda, New York 14223 to lease the above captioned property. The property at 1554 Genesee consists of a 3,300 square foot concrete block building with two vacant lots at 1556 and 1558 Genesee Street. Mr. Jenkins intends to use 1554 Genesee Street for church services and related religious activities, to include outreach counseling. The adjoining lots at 1556 and 1558 Genesee will be used for off-street parking for those using the facility. Mr. Jenkins is requesting a one year lease with a one year option to renew. Mr. Jenkins has agreed to pay $200 a month and will be responsible for all utilities and upkeep of the property. In addition, he will provide a general liability coverage in the amount of $1,000,000 for bodily injury and $500,000 for property damage, naming the City of Buffalo as an additional insured with respect to the leased properties. I am recommending that your Honorable Body approve the above leased terms and authorize the Corporation Counsel's office to prepare the necessary agreement for the Mayor's signature. Mr. Fahey moved: That the communication from the Division of Real Estate dated May 21, 1992 be received and filed; and That the terms of the lease agreement for city-owned property at 1554, 1556 and 1558 Genesee Street between the City of Buffalo and Frederick Jenkins as more fully set out in the above communication be and hereby are approved and the Corporation Counsel is hereby authorized to prepare the necessary documents for the Mayor's signature. PASSED. AYES- 11 NOES- 0. No. 26 Bennett Beach Report of Appraisal Item 113, C.C.P. 1/21/92 In the above referenced item Your Honorable Body requested the Office of the Comptroller to have the property known as Bennett Beach appraised. The appraisal has been completed and a report filed with this office. Copies of the report can be obtained from the Division of Real Estate. The report was conducted by Thomas E. Cataudella, Pirritano Appraisals, Inc. 745 Center Road, P.O. Box 650, West Seneca, New York 14224. He has estimated the fair market value of the property to be One Million, Eight Hundred Thousand Dollars ($1,800,000.00), of which One Million, Five Hundred Thousand Dollars ($1,500,000.00) is attributed to land value. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Mr. Pitts now took his seat in the Council Chambers. FROM THE COMMISSIONER OF PUBLIC WORKS No. 28 MONTHLY REPORT OF LICENSES ISSUED APRIL 1992 I am respectfully submitting the enclosed report of Licenses issued in the month of April 1992 by the Division of License. RECEIVED AND FILED. No. 29 Extension of Time on Contract General Construction Work University Heights Community Center In accordance with the terms of the contract between the City of Buffalo and Concept Construction Co., C-91592600, the work should have been completed by May 1, 1992. Due to change order work this contractor could not complete the work of this project on time. This is the second extension of time on this project. I have granted an extension of time to July l, 1992 to Concept Construction Co. to complete the work of their contract. RECEIVED AND FILED. No. 30 Extension of Time on Contract Electrical Work University Heights Community Center In accordance with the terms of the contract between the City of Buffalo and Warrens Electric, C-91605100, the work should have been completed by April 14, 1992. Due to a delay from adjacent property owner in executing easement license agreement and subsequent winter weather, this contractor could not complete the work on this project on time. This is the first extension of time on this project. I have granted an extension of time to July l, 1992 to Warrens Electric to complete the work of their contract. RECEIVED AND FILED. No. 31 Extension of Time on Contract Heating Work University Heights Community Center In accordance with the terms of the contract between the City of Buffalo and Joseph Davis, Inc., C-91605200, the work should have been completed by April 15, 1992. Due to a delay from adjacent property owner in executing easement license agreement and subsequent winter weather, this contractor could not complete the work on this project on time. This is the first extension of time on this project. I have granted an extension of time to July 1, 1992 to Joseph Davis, Inc. to complete the work of their contract. RECEIVED AND FILED. No. 32 Extension of Time on Contract Plumbing Work University Heights Community Center In accordance with the terms of the contract between the City of Buffalo and Joseph Carino Plumbing & Heating, Inc., C-91606800, the work should have been completed by April 28, 1992. Due to a delay from adjacent property owner in executing easement license agreement and subsequent winter weather this contractor could not complete the work on this project on time. This is the first extension of time on this project. I have granted an extension of time to July 1, 1992 to Joseph Carino Plumbing & Heating, Inc. to complete the work of their contract. RECEIVED AND FILED. No. 33 Notification Serial # 8234 STOP In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 11 Subdivision 9 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP INTERSECTIONS VEHICLES ON SHALL STOP BEFORE ENTERING Fenton Street Seward Street Notification Serial # 8235 PERMISSIVE PARKING In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERIOD OF PERMISSIVE PKG. PERMISSIVE PKG. LOCATIONS DAILY EXCEPT SUNDAY Perry Blvd. - east side 2 Hr. Parking 8am-6pm between Erie Street and a point 320' north of Pearl Street Notification Serial # 8236 PERMISSIVE PARKING In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section IS of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERIOD OF PERMISSIVE PKG PERMISSIVE PKG LOCATIONS DAILY EXCEPT SUNDAY Perry Blvd. - west side 2 Hr. Parking 8am-6pm between Erie Street and a point 90' north of Pearl Street RECEIVED AND FILED. No. 34 South Buffalo Lions Club Solicitation of Funds Attached is an application for Solicitation of Funds for the South Buffalo Lions Club to solicit funds in the Buffalo area for June 5 and 6, 1992 and July 2 and 3, 1992. In accordance with Chapter 316, Article Vi of the City of Buffalo Ordinance, I hereby refer this matter to your Honorable Body. Mr. Fahey moved: That the communication from the Department of Public Works dated May 13, 1992 be received and filed; and That the Commissioner of Public Works be and hereby is authorized to issue an exemption from the licensing requirement of Chapter 316, Article VI of the Buffalo Code for the solicitation of funds for the South Buffalo Lions Club on June 5 and 6, 1992 and July 2 and 3, 1992. PASSED. AYES- 12 NOES- 0. No. 35 Request to Accept Credit from OMJC Signal Salvage of Texas for Old Signal Heads Your Honorable Body's authorization is hereby requested to receive a credit for 40 old City of Buffalo 4-way signal heads which are currently stockpiled at the Delavan Armory. These signal heads were to be scrapped. The City of Buffalo Department of Public Works was approached by OMJC Signal Salvage of Texas, and offered a $2,000.00 credit for these old heads. OMJC will allow the City of Buffalo to use this credit to purchase fully reconditioned and guaranteed solid state 2 phase and 4 phase traffic signal controllers. New controllers would normally cost the City approximately $6,500.00) However, these reconditioned controllers cost $450.00 for 2 phase and $550.00 for 4 phase. With this credit, the City of Buffalo can receive up to 4 controllers at no cost. This Department has previously used OMJC equipment and has been satisfied with their operation. Mr. Fahey moved: That the communication from the Department of Public Works dated May 18, 1992 be received and filed; and That the Commissioner of Public Works be and hereby is authorized to received a credit from OMJC Signal Salvage of Texas in the amount of $2,000.00 for forty (40) old City of Buffalo 4-way signal heads now stockpiled at the Delavan Armory and slated to be scrapped, such credit to be used to purchase up to four fully reconditioned and guaranteed solid state 2 phase and 4 phase traffic signal controllers. PASSED. AYES- 12 NOES- 0. No. 36 Cost Analysis for Changes in the Council Chambers to Expand Handicap Accommodations Item # 5, CCP March 3,1992 The following is a cost estimate for installation of a audio induction loop. Installation of system $9,500.00 $150/receiver in excess of 10 units. Recommend installing 15 units. $2,250.00 $11,750.00 REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN RESOURCES. No. 37 Report of Bids New Athletic Fields Tifft Farms, Tifft Street I advertised for on May 5, 1992 and received the following sealed proposals which were publicly opened and read on May 19, 1992. General Construction Work Buffalo Creek Landscaping, Inc. $157,444.00 Maplewood Construction 167,167.00 MPJ Contr. 184,400.00 Custom Topsoil, Inc. 207,495.00 Birchgrove Landscaping 211,349.00 Sicar Management & Const. 214,555.00 Tom Greenauer Development, Inc. 229,892.00 Rammer Nursery Co., Inc. 234,907.00 BRD, Inc. 254,877.00 L.C.P. Construction 341,350.00 Electrical Work Weydman Electric $ 68,770.00 Goodwin Electric 74,600.00 CVM Electric 74,895.00 Wittburn Enterprises, Inc. 75,700.00 T. H. Green Electric 76,900.00 Cannon Electric, Inc. 81,610.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. I recommend that your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-083 - Division of Buildings. Total estimate for this work was $220,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated, May 20, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contracts for general construction work for new athletic fields, Tifft Farms, Tifft Street, in the amount of $157,444.00 to Buffalo Creek Landscaping, Inc., and for electrical work, Tifft Farms, Tifft Street, in the amount of $68,770.00, to Weydman Electric, the lowest responsible bidders. Funds for this work are in B/F 200-402-083 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 38 Change in Contract Reconstruction of Slate Roof Cazenovia Branch Library I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Slate Roof, Cazenovia Branch Library, Jemco Roofing Co. Order No. 10753160: 1. Replace damaged slate on east side and install EPDM liner in east side gutter. ADD $925.00 The east side slate roof (rear) was not included in the original contract and there was no work to the gutter. The foregoing change results in a net increase in the contract of Nine Hundred Twenty-five and 00/100 Dollars ($925.00). Summary Original Amount of Contract $3,800.00 Amount of this change (No. 1) ADD 925.00 Revised Amount of Contract $4,725.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in Buildings O&M Acct. # 100-40-2031-00-560. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated May 18, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order # 1 to Jemco Roofing Co., change resulting in a net increase in the amount of $925.00, as more fully described in the above communication, for additional work relating to the reconstruction of slate roof, Cazenovia Branch Library, replacing damaged slate on east side and installing EPDM liner in the east side gutter, Contract No. 10753160. Funds to be charged against the Buildings O & M Acct. # 100-40-2031-00-560. PASSED. AYES- 12 NOES- 0. No. 39 Change in Contract Reconstruction of Dudley Branch Library 2010 So. Park Avenue I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Dudley Branch Library, Louis Migliore Construction Co. C-915887900: 1. Deduct for change in roof material at canopy. DEDUCT $2,200.00 2. Deduct for cleaning sign. DEDUCT 200.00 3. Add for patch in main roof. ADD 300.00 4. Add astical on new rear door. ADD 49.00 5. Remove and install 210 sf of concrete floor. ADD 1,250.00 When floor tiles were removed an additional area of concrete floor was found to be deteriorated requiring removal and replacement. The foregoing change results in a net decrease in the contract of Eight Hundred one and 00/100 Dollars ($801.00). Summary Original Amount of Contract $80,935.00 Amount of this change (No. 1) DEDUCT 801.00 Revised Amount of Contract $80,134.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-010 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated May 18, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order # 1 to Louis Migliore Construction Co., changes resulting in a net decrease in the amount of $801.00, as more fully described in the above communication, for change in roof material at canopy and cleaning sign relating to the reconstruction of Dudley Branch Library, 2010 South Park Avenue, Buffalo, New York, Contract No. 9158879001 Funds for this work are in B/F 200-402-010, Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 40 Change in Contract Reconstruction of Various Rooms Masten CAO Center I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Various Rooms, Masten C.A.O. Center, Baker Development, C91635800: 1. Additional plaster work in stair halls. ADD $287.50 2. New ceiling in stair hall. ADD $287.50 There was additional plaster damage in the stair halls and ceiling that were to be painted. The foregoing change results in a net increase in the contract of Five Hundred Seventy-five and 00/100 Dollars ($575.00). Summary Original Amount of Contract $46,500.00 Change Order No. 1 CCP 55 12-23-91 ADD 326.70 Amount of this change (No. 2) ADD 575.00 Revised Amount of Contract $47,401.70 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-091 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated May 18, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order # 2 to Baker Development, changes resulting in a net increase in the amount of $575.00, as more fully described in the above communication, for additional work relating to reconstruction of various rooms at the Masten CAO Center, for additional plaster work in stair halls and new ceiling in stair hall, Contract No. 91635800. Funds to be changed against B/F 200-402-091 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 41 Emergency Repair Broken Windows Ken-Bailey Community Center 2971 Bailey Avenue Please be advised that over the weekend of May 2, 1992 the Ken/Bailey Community Center was vandalized and rocks were thrown through three (3) windows. An emergency was declared and the Bison Glass Co., 518 Seabrook Drive, Williamsville, New York 14221 was ordered to replace the three (3) aforementioned broken windows on 5/4/92. Materials and labor to remove, replace and siliconize the three (3) windows totaled $139.00. RECEIVED AND FILED. No. 42 1389 Delaware Avenue Requests Permission to Install Sidewalk Cafe Mr. David Mulhern acting as agent for the Locker Room Restaurant, 1389 Delaware Avenue has requested permission to install a sidewalk cafe which would encroach city right of way at said address. The proposed cafe would measure 19 feet in length and project 9 feet from the building face into city right of way. The Department of Public Works has reviewed Mr. Mulhern's application pursuant to Chapter 413 Section 39 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe 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 sidewalk cafe be installed exactly a shown on plans submitted to and approved by the Department of Public Works Division of Buildings. 3. That the sidewalk cafe does not exceed 19 feet in length or extend more than 9 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.05 per square foot of city right of way occupied by said sidewalk cafe as described in Chapter 413 Article IX Section 39 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance use and removal of said sidewalk cafe REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 43 201 Elmwood Avenue Requests Permission to Install Fence Within City Right of Way Mr. James Shaw, owner of the property located at 201 Elmwood Avenue, has requested permission to install a wrought iron fence which would encroach city right of way at said address. The proposed fence would extend from the southwest corner of the building diagonally to the intersection of the Elmwood Avenue and North Street sidewalks which abut the property measuring 17 feet in length and 4 feet in height. The Department of Public Works has reviewed Mr. Shaw's application pursuant to Chapter 413-67 ( Encroachment Regulations) 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 fence installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction maintenance use and removal of said fence. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 44 1209 Hertel Avenue Requests Permission to Install Awning Within City Right of Way Mr. Stephen Gay, owner of the Buffalo Hardwood Floor Center located at 1209 Hertel Avenue has requested permission to install an awning which would encroach city right of way. The proposed awning would measure five feet one inch in height seventeen feet in length and project three feet six inches from the building face into city right of way. The Department of Public Works has reviewed Mr. Gay's application pursuant to Chapter 413-56 (awning 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 on plans submitted to and approved by the Department of Public Works Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 45 544 Niagara Street Requests Permission to Install Sign Within City Right of Way Mr. William Ruiz, owner of West End Latino Records, located at 544 Niagara Street has requested permission to install a sign which would encroach city right of way at said address. The proposed sign would be attached perpendicular to the building face and measure four feet six inches in height and four feet in width. The Department of Public Works has reviewed Mr. Ruiz's application pursuant to Chapter 413-67 ( Encroachment Regulations) 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 sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 46 Requests Permission to Construct a Loading Dock at 28 Wasson Street. Mr. Ronald D. Mabry, president of Flexo Transparent Inc. located at 25 Wasson Street has requested permission to construct a loading dock within city right of way at said address. Flexo Transparent, a manufacturer of packaging materials, is currently expanding the existing building by 8,930 square feet. This expansion necessitates the relocation of a dumpster, gas meter and the aforementioned loading dock to within city right of way. The proposed loading dock would be located on the west side of Wasson Street, extend ten (10) feet from the building face, and be built on an angle which would enable trucks to load or unload without disrupting traffic. Wasson Street is a commercial area and solely used by Flexo Transparent. The Department of Public Works has reviewed Mr. Mabry application pursuant to Chapter 413-67 (encroachment regulations) of the City ordinances and has no objection to Your Honorable Body Authorizing the Commissioner of Public Works to issue a "Mere License" for the installation of the dumpster, gas meter and loading dock within city right of way provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said Installation. 2. That the loading dock be installed exactly as shown on plan submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant be assessed an annual fee of $1.05 per square foot of city right of way occupied by said encroachments. 4. That the applicant be responsible for snow removal on that portion of Wasson Street which abuts Flexo Transparent property. 5. That the applicant supply the City of Buffalo with a five thousand dollar ($5 000.00) construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said loading dock and/or dumpster. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 47 Certificate of Appointment Appointment to become effective May 13, 1992 in the Department of Public Works, Division of Water, Dominic A. Chella, 455 Abbott Road Buffalo, New York 14220 to the position of Meter Reader, Provisional at the starting salary of $20,976.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 48 Payment Request for Medical Bill C.C.P. Item # 97 May 12,1992 In response to the request for payment for medical services rendered to Police Officer Michael Derenda from "Prosthetics by Nelson", the payment has not been made due to a shortage of funds in that particular account. A request has been made to the Division of Budget for a reallocation of funds so that payment can be made. Budget has Indicated that they will place the money in the account within the next couple of days. Payment should be made shortly. REFERRED TO THE COMMITTEE ON FINANCE. No. 49 Medical Expenses For On The Job Injuries Please be advised that the total cost for medical bills for on the job injuries for members of the Buffalo Police Department during the prior fiscal year was $ 335,623. REFERRED TO THE COMMITTEE ON FINANCE. No. 50 Mr. Bakos now took his seat in the Council Chambers No. 51 So. Buffalo Police Reorganization Demonstration Plan Over one (1) year ago, in March 1991, the City of Buffalo received a reorganizational report from the IACP titled, "Policing In the Nineties." As a result of this report, the Police Reorganization Commission was formed by the Common Council to review the IACP report and reduce the two hundred plus (200+) recommendations down to a workable document. This Commission worked over nine (9) months and in December 1991, their report on police reorganization was Issued. From this report, Councilmember Higgins stepped forward with the South District Demonstration Project which proposed the creation of the South District through the consolidation of Precincts 7, 9, and 15. It was this action which finally moved police reorganization off the drawing board, and I would like to commend him for his vision and faith In this Department. In addition, I would like to thank Councilmember Franczyk for also stepping forward and supporting the South District Plan, and Councilmember-at-Large Fahey for his tireless efforts on the police reorganization project. In response to Councilmember Higgins' proposal, I am submitting an implementation plan. This plan states what conditions or requirements this Department has regarding consolidation, as well as what we hope we will be able to accomplish through this plan. What follows Is a brief summary of the major components of our implementation plan. The detail of these components Is to be filed with the City Clerk for your review. Pursuant to Section 225 of the City Charter, I am respectfully requesting authorization from the Council to merge Precincts 7, 9, and 15 and establish a South District Station. PHYSICAL PLANT The major requirement for this component Is the procurement of funding for a new physical plant and equipment. After much discussion and thought, the site at 1839 South Park Avenue was chosen for the new district station. The major equipment requirements will be six (6) to ten (10) patrol cars, as well as additional portable radios and office equipment. Between the work already accomplished, and your ability to expedite matters in other areas, the Department would like to plan on this site being obtained, renovated and available for occupancy by October, 1992. Detail with respect to the physical plan is outlined in the "Buildings" section of the South District Demonstration Plan. PERSONNEL One of the major Items In this area is the agreement that manpower In the South District will be maintained at pre-reorganization levels. These specific levels are spelled out in the personnel section. The staffing and organizational charts illustrate how the South District will be staffed, with the major benefit coming from the assignment of five (5) Captains around the clock. This will increase accountability as well as freeing up the patrol Lieutenants for supervisory duties. This commitment to supervision shows how vital we believe it is for this project's success, and any diminution of supervisory personnel might prove fatal to the goals of reorganization. COMMUNITY POLICING One of the most exciting changes associated with this demonstration project, will be the initiation of community policing. We believe that in addition to changing the physical plant, we must also change the style of policing, from reactive to proactive. This change in philosophy, while challenging, will provide benefits to both citizens and officers, making it worthwhile for all concerned. ONE-OFFICER PATROL CARS This is an area we had hoped to effect through contract negotiations. As of this writing, it appears that the arbitrator will have the final word, if any, on whether this can be accomplished through negotiations. If these efforts fail, we are prepared to implement a limited number of one-officer patrol cars within the community policing component of this plan. This component Is discussed in depth in the community policing as well as the personnel sections of this plan. EVALUATION While working on this proposal, we discussed at length what evaluation process should be used to measure the effectiveness of reorganization. While the precise method of evaluation still must be determined, we have agreed that monthly meetings between the reorganization committee and the South District command structure are necessary to insure that the stated objectives are being carried out. The Department must demonstrate the effectiveness of police reorganization. The Council will have the ultimate decision on whether reorganization will be continued in the South District as well as started in other districts after the completion of the demonstration project. Once the demonstration period has been completed we will come before the Council to request approval for consolidation of the rest of the precincts in the City into four additional districts. If approval is granted the commission and this department will carry out the same procedure for consolidation of the other four districts. This allows each district to have the ability to tailor their police services to meet the particular needs of the affected district. It also affords the District Councilmember(s) the opportunity to take an active role in reorganization, much like what has happened in the South District. The original hope was for a contract change which would elicit complete cooperation from the union on reorganization. Recent negotiations fell through destroying these hopes. I have always believed there are significant benefits to be realized through reorganization and I am, therefore, recommending that we move forward with these plans. Two community meetings were held on May 4 and May 6, 1992 in South Buffalo to discuss the South District Demonstration Project. At one of the meetings It was suggested that citizens wishing to file a complaint be allowed to file a complaint in the district instead of having to go downtown to Central Booking. Suggestions such as this and others will be looked at and possibly be Included Into the demonstration project. While a tremendous amount of work has already gone into this project, I realize that once we receive the approval to act, we will have an even greater workload ahead of us to ensure that the project succeeds. We are up to the challenges of implementing this plan and I encourage the Council to support us In this joint endeavor. Once again, I thank you for your continuing support and your faith in the Buffalo Police Department. Mr. Fahey moved: That the communication from the Commissioner of Police, dated May 20, 1992 be received and filed; and That pursuant to the provisions of Section 225 of the Charter, the Commissioner of Police be, and he hereby is, authorized to merge Precincts 7, 9 and 15 substantially in accordance with the plan of merger set forth in the above communication from the Commissioner of Police. ADOPTED. AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES- ARTHUR, COLLINS, PITTS- 3. FROM THE COMMISSIONER OF FIRE No. 52 Proposed Work Agreement for Relocation of Fire Alarm Pedestals as Required for PIN # 5753-02 NYS DOT I hereby request authorization from your Honorable Body, to execute on behalf of the City of Buffalo, the proposed Utility Work Agreement with the New York State Department of Transportation. Attached is a copy of this agreement, which must be completed before actual work is started, for installation of Fire Alarm boxes, pedestals, foundations, cable, conduit and attachments. (See enclosures) REFERRED TO THE COMMITTEE ON FINANCE. No. 53 Relocation of Fire Alarm Boxes, Pedestals Foundations, Cable, Conduit and Attachments I hereby request authorization through Council resolution, that the Commissioner of Fire be permitted to execute agreements with the New York State Department of Transportation for relocation of fire boxes, pedestals, foundations, cable, conduit and attachments as necessary for future construction projects. Mr. Fahey moved: That the communication from the Fire Department dated May 18, 1992 be received and filed; and That the Commissioner of Fire be and hereby is authorized to execute agreements with the New York State Department of Transportation for relocation of fire boxes, pedestals, foundations, cable, conduit and attachments as are necessary for future construction projects. PASSED. AYES- 13 NOES- 0. No. 54 Acquisition Of Used Radio Equipment I hereby request authorization from your Honorable Body, a resolution permitting the Fire Department to procure used radio equipment. Two (2) surplus dealers have been found that will take our old VHF radio base stations, in trade for UHF base stations, that we need to come into compliance with FCC regulations concerning the new 420 MHZ frequencies assigned to us. These dealers are willing to either take our old bases in trade, or sell us UHF repeaters outright. We can procure the two (2) repeaters we need for approximately $2,000. Purchasing these units new, would cost in excess of $20,000. They are commercial units that are still currently in full production, and they are approximately two (2) years old. An expeditious approval is requested. Mr. Fahey moved: That the communication from the Fire Department dated May 18, 1992 be received and filed; and That the Commissioner of Fire be and hereby is authorized to procure used radio equipment, two repeaters for $2,000.00 and to trade in VHF radio base stations for the UHF base stations needed to comply with FCC requirements. PASSED. AYES- 13 NOES- 0. No. 55 Medical Expenses Incurred 1989 to 1992 The following information with regard to medical expenses incurred by the Fire Department for on the job injuries, is furnished as requested by the Committee on Claims: Year Medical Expenses 1989-90 $225,653 1990-91 322,843 1991-92 (As of 5/7/92) 403,408* *$64,110 of this amount was used to administer physical examinations to all members in order to determine their ability to wear a self-contained breathing apparatus. These physicals are mandated by OSHA. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL No. 56 Rev. J. Long - Halfway House 50 Wyoming Item No. 85, C.C.P., 4/28/92 An opinion of the Law Department has been requested regarding a proposal for a "halfway house" at 50 Wyoming to shelter refugees who are awaiting entry into Canada. Based on the information presented, this proposed use does not appear to meet the requirements for a "halfway house" found in Section 511-94 of the Code. The mere statement that individuals "might otherwise be institutionalized" requires substantiation. Moreover, under the ordinances, "the facility must be recognized by an appropriate public agency and cannot be self-declared." This requires a determination that the facility is recognized by a public agency as a halfway house as such is defined by the ordinance and that the public agency in question is an appropriate agency to make such a determination. RECEIVED AND FILED. No. 57 Nathaniel Robertson - Workers' Compensation Lien On October 5, 1990, Nathaniel Robertson was injured while working as a sanitation worker for the City. During the course of this employment, he sustained an injury to the right forearm and two fingers on his hand. The injury was caused by a broken aluminum window frame which was placed outside by Insulation Plus, Inc. A lawsuit was commenced against Insulation Plus, Inc. by Mr. Robertson. Mr. Robertson also filed for Workers Compensation benefits from the City. The City has a Worker's Compensation lien in the amount of $7,221.24. Mr. Robertson's attorney has agreed to a tentative settlement of $12,000 with the defendant Insulation Plus, Inc. As part of this settlement, the City would agree to compromise its lien and accept the sum of $4,000 in full settlement of its lien. There would also be a future credit to the City in the amount of Mr. Robertson's net recovery against future Workers' Compensation benefits. This settlement will be a one-third split among the plaintiff, his attorney and the City. This would appear to be an equitable settlement and would benefit the City in a payment of $4,000.00. Therefore, the Law Department requests that Your Honorable Body authorize the settlement of this claim as set forth above. Mr. Fahey moved: That the communication from the Law Department dated May 20, 1992 be received and filed; and That the Corporation Counsel be and hereby is authorized to compromise and settle its Workers' Compensation lien and accept the sum of $4,000 in full settlement of the lien in the matter of the injury to Nathaniel Robertson on October 5, 1990 while employed as a City Sanitation Worker. PASSED. AYES- 13 NOES- 0. No. 58 Western New York Communications, Inc., Agreement Item No. 95, CCP, 12/10/91 As per your request, attached please find a final revised Agreement between the City of Buffalo and Western New York Communications, Inc. (WNYC) regarding the installation and operation of customer-owned, currency-operated telephones within City right-of-ways. This final draft reflects modifications requested by the Department of Public Works, WNYC, and Your Honorable Body (with respect to deletion of the location at Kehr and Box Streets). I recommend approval of the Agreement subject to any further modifications the Common Council may wish to suggest. REFERRED TO THE COMMITTEE ON FINANCE. No. 59 Complaints - Crawdaddy's Restaurant Item No. 130 C.C.P., 9/3/91 You have requested an update regarding new developments and progress made in attorney negotiations in the Crawdaddy's matter. A tentative agreement has been reached and a memorandum of agreement is being drafted. It appears that the matter may be resolved in the very near future. RECEIVED AND FILED. No. 60 Residency Requirements for all Employees of the City of Buffalo, Buffalo Public Schools, BMHA, BURA, and Buffalo Sewer Authority Item No. 192, C.C.P., May 12, 1992 This will serve to acknowledge receipt of your request dated May 13, 1992 for this office to draft the appropriate memorializations to amend our residency laws to fulfill the purposes stated in Council Resolution #192 dated May 12, 1992. At the present time, this office is researching the parameters of the proposed amendments to the residency requirement and the implications it would have on the various agencies referred to in said resolution. RECEIVED AND FILED. No. 61 Buffalo Water Board - Residency Requirement At a special meeting of the Legislation Committee, Council President Arthur asked for an opinion on what residency requirements apply to the members of the Buffalo Water Board. The state legislation establishing the Board (Public Authorities Law Section 1048 and 1049) does not establish residency requirements. However, the Public Officers Law Section 3 requires that local officers must be residents of the political subdivision or municipal corporation of the state within which his official functions are required to be exercised. The members of the Water Board would most likely be considered local officers for purposes of this section. It is also likely that the City would be considered as the applicable political jurisdiction for determining residency requirements, although it may be argued that the service area jurisdiction of the Water Board extends outside the City's boundaries and that therefore the residency requirements should be extended to this larger service area jurisdiction. However, given the importance and complexity of this transaction (the sale of the water system to the Board), it would be advisable to seek state legislation if it is desired to allow non-city residents to be members of the Water Board or Water Finance Authority. Such legislation is very typical for boards and authorities of this type, for instance requiring that at least five of the seven members be city residents. RECEIVED AND FILED. No. 62 Request for Assistance from Buffalo Sewer Authority Item No. 2, C.C.P., 3/31/91 In response to Councilmember Coppola's inquiry of April 22, 1992, please be advised that I concur in Mr. Miles' statement to the Comptroller (Item No. 17, C.C.P., 6/11/91). RECEIVED AND FILED. No. 63 Sale of Vernon Triangle Park Item No. 1, C.C.P., 5/12/92 The Mayor's veto was based on my advise to him. Given the fact that there are public improvements on the sidewalk (trees and benches), that a permanent fence will be built and grant funds were involved in the construction, this "license" is distinguishable from the licenses which are given to allow sidewalk cafes to be installed. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Vernon Triangle Park Item No. 1 C.C.P., 5/12/92 The public area known as Vernon Triangle was landscaped with funds from a federal grant provided under the Public Works Employment Act of 1976. On December 1, 1976 the Common Council, in connection with the Central Park Improvement Project, resolved "that the City of Buffalo assures that any facilities constructed through an approved grant from the Federal Grantor Agency with funds authorized by the Public Works Employment Act of 1976 will remain available for public use . . . (Item No. 230 C.C.P., 12/1/76) The Council, therefore, by its own action, may have precluded the proposed use of the area. We are continuing to research the question, particularly with regard to regulations of the Economic Development Administration (EDA), United States Department of Commerce. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 65 Local Waterfront Revitalization Program, State Environmental Quality Review Act (SEQR) Item No. 234, C.C.P., May 12, 1992 You have requested this Department to respond to the referenced resolution which proposes that the Common Council act as lead SEQR agency for the proposed action and to prepare the Generic Environmental Impact Statement (GElS). Having reviewed the criteria for a lead agency under SEQR and discussing same with Planning Division personnel, it is my judgment that Your Honorable Body is the more appropriate body to act as lead agency in that the project impacts are local in significance; the Council has the broadest governmental powers for investigation of the impact of the activity and has the greatest capabilities for providing the most thorough environmental investigation. I must further advise that the Council, in order to act as lead agency for this project, must first approve the resolution designating itself as lead agency for the project and send a letter to the Department of State stating your desire to act as lead agency along with the preliminary GElS. The letter should state that unless Your Honorable Body receives a communication from the Department of State, to the contrary, within thirty (30) days of the date the letter was mailed, the Common Council shall act as the lead agency for the Local Waterfront Revitalization Program. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 66 Bakery Salvage Matter Item No. 78, C.C.P., 3/3/92 Enclosed is a copy of the statement in the amount of $6,738.00 for legal services for the period of May 1, 1991 to July 18, 1991 rendered by Werner, Giallombardo & Fiorella respecting the Bakery Salvage litigation. This matter had been referred to your Claims Committee. The City has previously paid this firm $42,740.48 for services in connection with this case; this latest bill is being submitted without recommendation. REFERRED TO THE COMMITTEE ON CLAIMS. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 67 Columbus Hospital - Use 300 Niagara Pole Sign Item No. 107, C.C.P., 5/12/92 The sign proposed by Columbus Hospital must be reviewed and approved by the Commissioner of Community Development since it is located in the Waterfront Urban Renewal Area, as well as by the Buffalo Urban Renewal Agency, which is the owner of the property on which the sign is located. RECEIVED AND FILED. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 68 Sick Leave Bank- Local 264, AFSCME, AFL-CIO Anthony V. Scarpace Attached please find a Memorandum of Agreement between the City of Buffalo and Local 264, AFSCME, AFL-CIO, establishing a Sick Leave Bank for the sole use of Anthony V. Scarpace, an employee of the Department of Street Sanitation. Since Common Council approval is not required for agreements involving no monetary expenditures, this Memorandum of Agreement is being filed for informational purposes only. RECEIVED AND FILED. No. 69 Use Governmental Confiscated Funds Item # 208, C.C.P. April 14, 1992 I have been asked to respond to the above referenced item concerning the use of asset forfeiture funds for the purchase of weapons from the public. Funds confiscated from illegal activities are not included in the City budget. They are deposited in a separate Trust & Agency account pursuant to Common Council Proceeding # 104 of February 2, 1988. The use of these funds is governed by federal regulations designed to assure that they are used for legitimate law enforcement purposes. A "weapons surrender program" funded in this manner would" not impact on the City budget. The prudence and projected effectiveness of such a program will be addressed by the Police Commissioner. RECEIVED AND FILED. No. 70 Calculation Error No. 1 in of the City of Buffalo's Homestead and Non-Homestead Base Proportions As stated in the attached letter to Mayor Griffin from Commissioner Tanzella, the State Division of Equalization and Assessment made an error in its calculation of the City of Buffalo homestead and non-homestead base proportions for fiscal year 1992-93. The result of the correction is that the homestead share of the City tax levy increases from 44.3% to 45.3% and the non-homestead share decreases from 55.7% to 54.7%. Consequently, the tax levy increase in the Mayor's 1992-93 recommended budget requires a 20.4% (not 17.6%) homestead rate increase and a 24.0% (not 26.3%) non-homestead rate increase. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 71 Calculation Error No. 2 in the City of Buffalo's Homestead and Non-Homestead Base Proportions As stated in the attached letter to Mayor Griffin from Commissioner Tanzella, the State Division of Equalization and Assessment has made yet another change in its calculation of the City of Buffalo homestead and non-homestead base proportions for fiscal year 1992-93. The result of the correction is that the homestead share of the City tax levy increases from 45.3% to 45.5% and the non-homestead share decreases from 54.7% to 54.5%. Consequently, the tax levy increase in the Mayor's 1992-93 recommended budget requires a 20.9% (not 20.4%) homestead rate increase and a 23.6% (not 24.0%) non-homestead rate increase. REFERRED TO THE COMMITTEE OF THE WHOLE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 72 Use of the South Park Youth Center Gym The Buffalo Division For Youth has received a request from the Bread of Life Christian Academy located at 1632 South Park Avenue for use of the gymnasium located at the former School # 29 at 2291 South Park Avenue on Tuesday and Thursday mornings from 10:00 a.m., to 11:00 a.m.. We are seeking your approval as the Division For Youth has no objection to this request for the use of this facility. Mr. Fahey moved: That the communication from the Division of Human Resources, dated May 8, 1992, be received and filed; and That the Commissioner of Human Resources be, and he hereby is authorized to approve the request of the Bread of Life Christian Academy to use the gymnasium at the former School No. 29 at 2291 South Park Avenue on Tuesday and Thursday mornings from 10 to 11 a.m., subject to proof of insurance in form and amount approved by the Comptroller and Law Department. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF GENERAL SERVICES No. 73 Sale of Surplus Equipment Item # 116, C.C.P. April 14, 1992 Item # 120, C.C.P. April 14, 1992 Item # 122, C.C.P. April 14, 1992 The Department of General Services recommends the approval of Items # 116 and 120 as filed with the Common Council and City Clerk respectively. Referenced item # 122 pertains to the disposition of items that may have a higher value as antiques. Recommend that these items be catalogued and stored pending an antique auction at a future date. REFERRED TO THE COMMITTEE ON FINANCE. No. 74 Surplus Equipment Auction Department of Fire On May 13, 1992 the Department of General Services held a sealed bid auction of surplus equipment from the Department of Fire. Request your approval to dispose of the surplus equipment to the high bidders as listed below: 1. Cattaraugus Fire Co., 12 Scott Air Tanks @ 30.00 ea. $360.00 2. Salamanca Fire Co., 20 Scott Air Tanks @ 30.00 ea. 600.00 3. Comewawgo Fire Co., 10 Scott Air Tanks @ 20.00 ea. 200.00 4. Comewawgo Fire Co., 2 Scott SCBA Regulators @ 25.00 ea 50.00 5. Comewawgo Fire Co., 2 Scott Face Guards @ 25.00 ea. 50.00 6. Cattaraugus Fire Co., 4 MSA Regulators @ 50.00 ea. 200.00 7. Salamanca Fire Co., 5 MSA Regulators @ 50.00 ea. 250.00 8. Comewawgo Fire Co., 10 Scott Air Tanks @ 5.00 ea. 50.00 9. B.O. Home Improvement, 3 28' Wall Ladders @ 21.00 ea. 63.00 10. B.O. Home Improvement, 2 20' Wall Ladders @ 19.00 ea. 38.00 11. F. Schweitzer, 1 20' Roof Ladder 20.00 12. C. Kurschner, 1 32' Extension Ladder 65.00 13. G. McKenna, 1 35' Extension Ladder 75.00 14. N. Frawley, 2 20' Roof Ladders @ 20.00 40.00 15. D. Egan, 1 20' Roof Ladder 5.00 16. D. Egan, 1 14' Roof Ladder 50.00 17. V. Stephens, 1 14' Roof Ladder 50.00 18. P. Weitz, 1 20' Roof Ladder 11.25 19. M. Lombardo, 1 28' Extension Ladder 85.50 20. R. Burke, 1 24' Wall Ladder 25.00 $2285.75 REFERRED TO THE COMMITTEE ON FINANCE. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No. 75 Appt. Sr. Tax Clerk (Inter) (Assmt.) Com. # 23, C.C.P. 3/3/92 At a meeting held on May 13, 1992 the Commission considered an opinion from the Corporation Counsel's office relative to the appointment of Eugenia Fitzgerald to the position of Senior Tax Clerk. Said opinion indicates that Resolution # 174 of the Common Council Proceedings of March 31, 1981 requires that Ms. Fitzgerald be a resident of the City of Buffalo to be eligible for a provisional appointment. Therefore, the Commission finds it necessary to disapprove Ms. Fitzgerald's provisional promotion to the position of Senior Tax Clerk. Commissioner Joseph J. Tanzella, Department of Assessment, was advised of the same in a communication dated May 15, 1992. I trust this satisfies your inquiry of March 10, 1992. If you have any other questions in this regard, please contact this office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO SEWER AUTHORITY No. 76 Residency Requirements Item 192 C.C.P. May 12, 1992 The referenced resolution requests a response from the Buffalo Sewer Authority. The two contracts that govern union employees of the BSA require residency within the Sewer district which the Authority serves as a prerequisite to all employees hired after July l, 1990. This being the case, I believe that the Authority is already in conformance with the State law that you are requesting to be adopted by the State Legislature. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 77 Authorization for Funding- Board of Ethics C.C.P. # 54 March 17, 1992 At the meeting of March 17, 1992 C.C.P. # 54, the Law Department addressed the Council that they thought that due to the confidential nature of the work of the Ethics Board, a City employee should not do secretarial work for the Board of Ethics. That item was received and filed, and the City Clerk was advised to provide such funding as may be necessary. The purpose of this communication is to ask this Honorable Body for authorization to pay the secretarial fees, post office box rental, and postage and stationery for the Ethics board for an amount not to exceed $3500 per calendar year. PASSED. AYES- 13 NOES- 0. No. 78 Urban Initiatives Proposal - Inner City Neighborhood Project Attached hereto is the Urban Initiatives Inc. Report on a Development Project for Inner City Neighborhoods. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 79 Proposed Service Contract for Central Referral Service 1991-92 Attached hereto 15 Proposed Service Contract with Central Referral Services for 1991-1992. ADOPTED. No. 80 COMMON COUNCIL BUDGET COMMITTEE Recommendations Regarding City's Fiscal Crisis Attached for your information is a preliminary recommendation report from the Council Budget Committee concerning the City of Buffalo's fiscal crisis. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 81 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 Public Works Engineering Water Inspections and Community Revitalization Administration and Finance RECEIVED AND FILED. No. 82 Automobile Transportation Allowances The following departments have filed the required copies of certificates relative to the granting of Automobile Transportation Allowances for employees in their respective departments: Street Sanitation- RECEIVED AND FILED. No. 83 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 Catamaran "Moondance" Sailing Charters & Tours M.H.Yachting, Inc. 162 Swan St. Steve's Pig & Ox Roast 132 Genesee St. Curve Cafe, Inc. 2090 Genesee St. 1805 South Park Ave., Inc. RECEIVED AND FILED. No. 84 Leaves of Absences Without Pay I transmit herewith communications received by me, reporting the granting of leaves of absences without pay, in the various departments as listed: Public Works- Donald Dorr Fire- Thomas Meldrum Street Sanitation- Frank A. Militello RECEIVED AND FILED. No. 85 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: Buffalo Sewer Authority City Planning Board (2) Civil Service Commission Emergency Medical Services Board Youth Board RECEIVED AND FILED. No. 86 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved approval of appointments to the position of Council Intern. ADOPTED. Appointment to become effective May 18, 1992 in the Department of the City Clerk, Stephen L. Smith 175 North St., Apt. 306, Buffalo, N.Y. 14201, to the position of Intern III, Seasonal at the starting salary if $5.00 per hour. No. 87 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM & AUDITORIUM Appointment to become effective May 7, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium David Wilds 181 Choate Ave., Buffalo 14220 to the position of Laborer I, Seasonal at the starting salary of $5.98/hr. Appointment to become effective May 14, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Mark Zimmer 87 Juanita Pl., Buffalo 14210 to the position of Laborer I, Seasonal at the starting salary of $5.98/hr. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective May 11, 1992 in the Department of Public Works, Division of Water Kathleen G. Smith 1049 Tifft St., Buffalo 14220 to the position of Clerk, Seasonal at the starting salary of $5.00/hr. Appointment to become effective May 18, 1992 in the Department of Public Works, Division of Water Marjorie Sansanese 19 Admiral Rd., Buffalo to the position of Account Clerk, Temporary at the starting salary of $5.25/hr. Appointment to become effective May 11, 1992 in the Department of Public Works, Division of Water to the position of Water Service Worker, Seasonal at the starting salary of $6.02/hr. Edward Bednarz, Jr. 79 Stevenson St., Buffalo, New York 14220 Paul J. Gilbert 741 LaSalle Avenue Buffalo, New York 14215 Daniel G. Herlihy 195 Aldrich Street Buffalo, New York 14220 Michael P. McGavis 173 Columbus Street Buffalo, New York 14220 Thomas T. Pappas 48 Indian Church Road Buffalo, New York 14210 Donald H. Siler 26 W. Woodside Avenue Buffalo, New York 14220 Nathan R. Stephen 165 Blaine Avenue Buffalo, New York 14208 Daniel V. Victori 224 Maurice Street Buffalo, New York 14210 Appointment to become effective April 24, 1992 in the Department of Public Works, Division of Engineering to the position of Bridge Operating Engineer, Seasonal at the starting salary of $7.02/hr. Vincent Astyk 18 Strathmore Ave., Buffalo 14220 Robert A. Brill 282 Katherine St., Buffalo 14210 Joseph M. Mancini 191 Como Ave., Buffalo 14220 John Smigel 44 Youngs St., Buffalo 14212 FROM THE DEPARTMENT OF PARKS Appointment to become effective May 15, 1992 in the Department of Parks to the position of Laborer II, Seasonal at the starting salary of $6.65/hr. Ronald Balus 100 Wheelock St., Buffalo 14206 Gary M. Augustiniak 302 Kensington Ave., Buffalo 14214 Appointment to become effective May 11, 1992 Joseph Staszczyk 475 Beard, Buffalo 14214 to the position of City Forester, Provisional at the starting salary of $32,468. FROM THE DEPARTMENT OF POLICE Appointment to become effective May 8, 1992 in the Department of Police Canisius E. Kroth 84 Riverview Pl., Buffalo 14210 to the position of Computer Programmer, Permanent at the starting salary of $28,434. FROM THE DEPARTMENT OF FIRE Appointment to become effective May 26, 1992 in the Department of Fire Richard Bolick 163 Woodside Ave., Buffalo 14220 to the position of Motor Equipment Mechanic, Permanent at the starting salary of $22,349. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 88 BROADWAY MARKET MANAGEMENT CORP., Offer to Extend Lease As you are aware, the Broadway Market lease between the City of Buffalo and the Broadway Market Management Corporation expired on February 1, 1992. On behalf of the Broadway Market Management Corporation, we are willing to extend the former lease for another five (5) years with the same terms and conditions. Approval is needed as soon as possible in order to minimize any business disruption, as well as to encourage our leasing efforts. I am available to answer any questions of concern. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL. No. 89 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION 1992-1993 Budget Pursuant to the Charter and ordinances of the City of Buffalo, Article IV -City Development Agencies - Section 6-22, we are herby submitting for your review and comment a copy of The Buffalo Enterprise Development Corporation Budget for the fiscal year commencing June 1, 1992. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 90 Effective Parenting Information For Children Favors Fees For Non-Accessory Signs I write to you in support of legislation proposed by Council Member David Collins to enact a permit fee on unnecessary signs and to monitor these signs more closely. This legislation is necessary. Few things damage community character more than the uncontrolled proliferation of billboards. But without an effective licensing program, communities cannot prevent such proliferation. Enacting a comprehensive licensing program such as this one will, without imposing unnecessary burdens on the parties involved, enable the City to determine the number and location of all its billboards and to remove illegal signs. Furthermore, placing a license on the billboard will allow Buffalo's citizens to help enforce the City's sign ordinance. The licensing fee in Mr. Collins' legislation is critical to its success. Many communities enact regulations without providing for an adequate licensing fee, which dooms the legislation to failure. As a practical matter, the failure to impose an adequate licensing fee serves as a government subsidy to the billboard industry since it forces the government either to use public funds to regulate billboards or to ignore regulation altogether. The city of Buffalo has expressed a desires to control the proliferation of billboards and to remove its illegal boards. By requiring that all billboards be licensed and by assessing the necessary fee, Mr. Collins' legislation will be a major step towards accomplishing these goals. I urge that you approve it. REFERRED TO THE COMMITTEE ON FINANCE. No. 91 NATHAN PACE Peace and Justice Task Force Proposal I. Task Force Structure The Task Force should include members from the following sectors: a. 2 or more members of the Buffalo Common Council, b. 5 - 7 College Students committed to this issue, c. 1 representative from the Mayor' Summer Youth Program, d. 1 representative from the County Youth Services Division, e. 1 representative from the State Division for Youth, f. 5 - 7 representatives of Youth Service Organizations that might be involved in the development, supervision, or management of summer jobs and summer day camps; and/or are involved in year-round youth service and development activity, g. 2 representatives from the Buffalo Police Department Community Relations Division, h. 3 representatives of Buffalo Block Club Coalition organizations. II. Task Force Objectives The objectives of this Task Force shall be to develop recommendations to be submitted to this Common Council for consideration and action concerning the following: a. A strategy to involve college and other older youth with summer day camp operations to provide youth oriented seminars, expanded supervision, and additional activities; b. A similar strategy to use older youth and college students both to provide on-site supervision for government funded summer jobs, and to provide some creative on-site activities for summer youth workers, and participants in summer programs, that will build cultural awareness, goal orientation, and preparation for citizenship; c. A strategy to develop summer jobs and post-summer employment and self-development opportunities for older youth, ages 22-26, to avoid intemperate idleness, which can easily erupt into problems; d. A strategy to use college and older youth to provide grade-level coursework continuation and review at the summer day camp sites to increase the level of preparation these students will have when they return to school in the Fall; e. A strategy to expand the use of existing facilities, such as schools, churches, youth centers, and community centers, through subsidized site managers to permit early evening youth club type activity, including instruction and possible tournaments in chess, checkers, bridge, bid whisk, swimming, track, basketball, baseball et. al., f. A strategy to involve community organizations, block clubs, parent organizations, social action groups, businessmen, the Police Department, the Common Council and City Human Service Agencies in some process by which confidence can be engendered in the citizenry that the police will treat them with respect, regardless of their culture or even their lack of well-culturedness; by which people can feel some security in reporting crimes to the police without fear of the informal publication of their names throughout police circles and beyond; by which the people can feel some confidence that their calls for help and/or investigation of what they can clearly perceive to be signs of criminal behavior will be responded to effectively and conscientiously; and by which the Police Department representatives can feel some confidence that their investigative efforts will be received as a friendly, if not welcome, intrusion into the community by an ever broadening range of community citizenry. REFERRED TO THE COUNCIL PRESIDENT. No. 92 DANIEL SANSANESE Request For Compromise Of Demo Costs- 142 W. Delavan Please accept this letter as a formal request for a compromise to the demolition cost incurred by the City for a frame building at the rear of the above location. On December 3, 1990, I signed a consent form for demolition issued by the Department of Inspections and Community Revitalization. This department advertised for bids and awarded the contract for $8000.00 and demolition occurred in June 1991. I was not notified as to the cost prior to demolition and after inquiring with demolition contractors, I feel that this cost is excessive. Therefore with the approval from you Honorable Body, I agree to the compromise consideration of $4500.00. Thank you for your consideration. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. PETITIONS No. 93 Beaufort Willeern, owner, petition to use 185-187 Allen Street for an outdoor patio adjacent to existing sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 94 Alex Bieloski and others oppose closing Engine # 28 at Lovejoy and Gold. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No. 95 Notices Of Appointments (C. Clerk) (Item # 88 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 96 Monthly Overtime Usage Report (Compt) (Item # 21 CCP May 12,1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 97 Costs For Evening PVB Hearings (A&F) (Item # 76 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 98 1415 Fillmore Avenue (Item No. 166, C.C.P., 3/31/92) That the Mayor be and he hereby is authorized and directed to convey title to the premises at 1415 Fillmore Avenue to the Odessy Club of Buffalo upon the payment of the sum of $1.00 and upon the express condition that the premises shall be used solely for the purpose of maintaining a drug and alcohol free environment for the benefit of recovering alcoholics. Mr. Collins now moved to recommit the above item to the Committee on Finance. ADOPTED. No. 99 E. Whitehead/Purchase Lot Next To 954 Glenwood (Item # 123 CCP Apr 14, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 100 E. Whitehead/Purchase Lot Next To 954 Glenwood (STS) (Item # 72 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 101 New York State Thruway Authority I-190 Niagara Thruway Reconstruction (Item No. 48, C.C.P., April 14, 1992) That the New York State Thruway Authority ("Authority") be and it hereby is authorized to use Niagara Street from Carolina to Ontario Street and Porter Avenue from Niagara Street to Moore Drive as de tours during periods of necessity occasioned by the forthcoming reconstruction of Interstate I-190 from Milepost N 6.6 to Milepost N 10.8. That the Authority be and it hereby is authorized to maintain traffic on such detour streets in accordance with Section 619 of the Standard Specification of the New York State Department of Transportation such periods of necessity, and to provide traffic control devices and other improvements to such streets and associated streets affected by the detours, all as has been detailed in the Authority's contract plans for the project. That the City of Buffalo shall continue to provide routine maintenance on the such streets, including snow and ice removal, and the maintenance of traffic signals. That the City Clerk be, and he hereby is directed to transmit to the Authority two certified copies of this resolution. Mr. Collins now moved to recommit the above item to the Committee on Finance. ADOPTED. No. 102 NYS Thruway/Niagara St. Detour (Item # 95 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Permission to Prepare Plans & Specifications and Advertise Proposals For Street Resurfacing Contracts, Various Streets City of Buffalo (Item No. 30, C.C.P., May 12, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Public Works be and he hereby is authorized to prepare plans and specifications and advertise for sealed proposals for street resurfacing for various streets as specified in the communication of May 6, 1992 from the Acting City Engineer at Item 30, C.C.P., May 12, 1992. ADOPTED. No. 104 Info/Playground Renovation Bids (Parks) (Item # 50 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 J. Thompson/Water Charges/617 Linwood (Item # 93 CCP Apr 28, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Water Charges/617 Linwood (PW) (Item # 38 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 107 C. Hunt/Use 2303 Delaware/Pole Sign (Item # 103 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Atlantic Refining & Marketing Petition To Use 456-460 Elmwood For a Pole Sign (Item No. 104, C.C.P., May 12, 1992) That after a public hearing held before the Committee on Legislation on May 19, 1992, the petition of Atlantic Refining & Marketing, owner, to use 456-460 Elmwood Avenue for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 109 Atlantic Refining & Marketing Petition To Use 690 Kenmore Avenue For a Pole Sign (Item No. 105, C.C.P., May 12, 1992) That after a public hearing held before the Committee on Legislation on May 19, 1992, the petition of Atlantic Refining & Marketing, owner, to use 690 Kenmore Avenue for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 110 Atlantic Refining & Marketing Petition To Use 2075 Delaware Avenue for a Pole Sign (Item No. 106, C.C.P., May 12, 1992) That after a public hearing held before the Committee on Legislation on May 19, 1992, the petition of Atlantic Refining & Marketing, owner, to use 2075 Delaware Avenue for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 111 Columbus Hospital Petition To Use 300 Niagara Street For a Pole Sign (Item No. 107, C.C.P., May 12, 1992) That after a public hearing held before the Committee on Legislation on May 19, 1992, the petition of Columbus Hospital, to use 300 Niagara Street for a pole sign be and the same hereby is approved, subject to Buffalo Urban Renewal Agency approval. PASSED. AYES- 13 NOES- 0. No. 112 The Hop, Inc. Petition To Use 325 Fuhrmann For a Pole Sign (Item No. 108, C.C.P., May 12, 1992) That after a public hearing held before the Committee on Legislation on May 19, 1992, the petition of The Hop, Inc., owner, to use 325 Fuhrmann for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 113 Hawley Development Petition To Use 117-119 Colvin Avenue For a Pole Sign (Item No. 94, C.C.P., Apr. 28, 1992) That after a public hearing held before the Committee on Legislation on May 19, 1992, the petition of Hawley Development, owner, to use 117-119 Colvin Avenue for a pole sign be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 114 Hawley Dev./Pole Sign At 117 Colvin (CPBD) (Item # 12 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Main Seneca Corporation Petition To Use 270 Michigan For a Pole Sign (Item No. 103, C.C.P., Mar. 31, 1992) That the above item be and the same is returned to the Common Council without recommendation. Mr. Collins moved: That after a public hearing held before the Committee on Legislation on May 19, 1992, the petition of Main Seneca Corporation, owner, to use 270 Michigan for a billboard sign be and the same hereby is approved, subject to the following conditions: 1. A rendering of the sign be filed with the City Clerk, 2. The sign be posted for the duration of the lease, which is for three (3) years, 3. Subject to conditions that may be imposed by the City Planning Board. PASSED. AYES- 13 NOES- 0. No. 116 Main Seneca Corporation Petition To Use 270 Michigan For a Pole Sign (CP. BD.) (Item No. 16, C.C.P., Apr. 14, 1992) That the above item be and the same is returned to the Common Council without recommendation. Mr. Coppola moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 117 Rev. J. Long Halfway House 50 Wyoming (Item No. 85, C.C.P., Apr. 28, 1992) That the use of 50 Wyoming Street as a halfway house be and hereby is approved. The halfway house is to be operated by VIVE to shelter refugees awaiting admittance to Canada, who might otherwise have to be institutionalized. This approval is conditioned upon the continuing recognition of the facility as a halfway house by the Erie County Department of Social Services. PASSED. AYES- 13 NOES- 0. No. 118 Use 50 Wyoming/Half Way House (CPBD) (Item # 11 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 A. Eve Jr./Favors License/New Cotton Club (Item # 92 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Ken/Bailey NHS/Opening Of Cotton Club (Item # 82 CCP Apr 28, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 130 Genesee Street Requests Permission To Install Sidewalk Cafe (Item No. 40, C.C.P., May 12, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Dennis Bellanca, owner of the Curve Restaurant at 130 Genesee Street, to install a sidewalk cafe which would encroach city right-of-way at said address, subject to the conditions set by the Department of Public Works in the above communication and the City Planning Board. PASSED. AYES- 13 NOES- 0. No. 122 Spikes Restaurant, 268 Main Street Requests Permission To Install Sidewalk Cafe (Item No. 41, C.C.P., May 12, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Ms. Cindy Blake, owner of Spikes Restaurant at 268 Main Street, to install a sidewalk cafe which would encroach city right-of-way at said address, subject to the conditions set by the Department of Public Works in the above communication and by the City Planning Board. PASSED. AYES- 13 NOES- 0. No. 123 Encroachment/ 2421 Main/Sign (Item # 42 CCP May 12,1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Certificate Of Necessity/Stadium & Auditorium (Compt) (Item # 16 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Ordinance Amendment Chapter 167-2 Elevators (Item No. 242, C.C.P. May 12, 1992) That the Ordinance Amendment as contained in Item No. 242, C.C.P., May 12, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 126 Ordinance Amendment Chapter 167-15 Elevators (Item No. 243, C.C.P. May 12, 1992) That the Ordinance Amendment as contained in Item No. 243, C.C.P., May 12, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 127 Ordinance Amendment Chapter 167 Of Chapter 175 - Fees (Item No. 244, C.C.P. May 12, 1992) That the Ordinance Amendment as contained in Item No. 244, C.C.P., May 12, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 128 Elm Leaf Beetle Control Recommendation (Pest Bd.) (Item #145 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Elm Leaf Beetle Pilot Program (Parks) (Item # 52 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Report On Bulk Trash Pick-up And Fines (Item # 235 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Father Belle Boxing Program (Item No. 78, C.C.P., May 12, 1992) That the transfer of the boxing ring at the closed youth center on Austin Street to the Father Belle Community Center be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 132 SEQRA Process/Capital Budget Projects (Compt) (Item # 20 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 SEQRA Process/Capital Budget Projects (CC) (Item # 62 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 SEQRA Process/Capital Budget Projects (CD) (Item # 67 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Request/Response To Linwood Parking Problems (Item # 162 CCP Apr 28, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Linwood Parking Problems (Police) (Item # 55 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Linwood Parking Problems (A&F) (Item # 77 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Deny Request For Parking/W. Utica/Hellenic Festival (Item # 43 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Stop Signs/Stanislaus/Sobieski (Item # 44 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Consolidate- Water Division & Buffalo Sewer Authority (Item # 67 CCP Apr 14, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 141 Appointment Of Members Of The Buffalo Water Board Item No.. 3, C.C.P. April 28, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved to recommit the above item to the Committee on Legislation; Seconded by Mr. Pitts. Mr. Fahey now moved as an amendment to refer the above item to the Committee of the Whole; Seconded by Mr. Amos. ADOPTED AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9 NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4. No. 142 Appointment Of Members Of The Board of Directors of the Buffalo Municipal Water Finance Authority (Item No. 4 C.C.P. April 28, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved to recommit the above item to the committee on Legislation; Seconded by Mr. Pitts. Mr. Fahey moved as an amendment to refer the above item to the Committee of Whole; seconded by Mr. Amos. ADOPTED. AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9 NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4. No. 143 Assisting City Centre Project (CD) (Item # 48 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Assisting City Centre Project (CD) (Item # 81 CCP Apr 14, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Assisting City Centre Project (Item No. 68, C.C.P. May 12, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That the Mayor or the Commissioner of the Department of Community Development be, and he hereby is, authorized to execute the Multi-Party Agreement for the City Centre Condominium Project attached to the above referenced item. PASSED. AYES- 13 NOES- 0. No. 146 Olympic Management/Goldome Parking Lot (Item # 96 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 P. Snyder/Goldome Parking Lot (Item # 101 CCP May 12 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 148 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF DEVELOPMENT That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,279 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 $4,279 TO: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $4,279 FROM: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $4.279 TO: 415 Capital Projects Fund 71-7 - Division of Development 101 - Interim Expansion of Pilot Field $4,279 PASSED. AYES- 13 NOES- 0. No. 149 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS - PARKING ENTERPRISE FUND - PARKING 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 $6,500 be and the same is hereby transferred from various accounts in Appropriation Allotments -Exempt Items - Parking and said sum is hereby reappropriated as set forth below: From: 440 Enterprise Fund - Parking 81-9 - Exempt Items 032 - Buffalo General & Gates Circle Reserve for Repairs $6,500 To: 440 Enterprise Fund - Parking 41-0 Department of Parking 021 - Parking Administration Personal Services 110 - Salaries - Regular $6,500 PASSED. AYES- 13 NOES- 0. No. 150 BY MR. COLLINS INCREASED APPROPRIATION RETAINED EARNINGS APPROPRIATION ALLOTMENTS - ENTERPRISE FUND - STADIUM & AUDITORIUM 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 - Enterprise Fund -Stadium & Auditorium be and the same hereby is increased in the sum of $7,500. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $7,500 from 430-890-000 - Retained Earnings to meet this increased appropriation as set forth below: TO: 430 Enterprise Fund - Stadium & Auditorium 61-0 - Stadium & Auditorium 021 - Administrative Services Personal Services 110 - Salaries - Regular $ 7,500 REFERRED TO THE COMMITTEE ON FINANCE. No. 151 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS ENTERPRISE FUND - WATER DEPARTMENT OF WATER That, pursuant to Section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $576,018 be and the same is hereby transferred from various accounts in Appropriation Allotments Enterprise Fund - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 98-0 Department of Water 012 - Filtration Plant Materials & Supplies 423 - Chemicals $87,002 013 - Repair & Install Water Meters Personal Services 110-Salaries-Regular 23,115 021 - Administrative Services Personal Services 110-Salaries-Regular 11,400 112 - Temporary Services 2,600 114 - Overtime Pay 600 Materials & Supplies 404 - Office Supplies 600 Purchase of Services 541 - Postage 35,000 085 - Capital Outlay 960 - Special Structures & Fixed Equipment 17,610 980 - Machinery & Equipment (In Building) 45,578 982 - Operating Equipment 14,121 81-9 Exempt Items 842 - Reserve for Capital Improvements 338,392 Total $576,018 To: 410 Enterprise Fund - Water 98-0 Department of Water 011 - Inspection and Meter Reading Personal Services 110 - Salaries - Regular $35,913 014 - Intake Piers, Towers & Tanks Personal Services 110-Salaries-Regular 99,215 114 - Overtime Pay 32,745 115 - Holiday Pay 3,000 121 - Acting Time 2,600 Public Utility Services 221 - Electric, Light & Power 130,000 223 - Gas 15,000 015 - Distribution Systems Personal Services 110 - Salaries - Regular 132,000 114-Overtime Pay 61,000 115 - Holiday Pay 3,600 121 - Acting Time 800 022 - Engineering & Inspection of Water Line Personal Services 110-Salaries-Regular 26,400 031 - Mechanical Services Personal Services 110-Salaries-Regular 8,100 032 - Servicing Automotive Equipment Personal Services 110-Salaries-Regular 17,500 81-2 Miscellaneous Charges 814 - Cash Refund Prior Years' Revenue 8,145 TOTAL $576.018 PASSED. AYES- 13 NOES- 0. No. 152 BY: MR. COLLINS MORATORIUM ON OPENING OF NEW SERVICE STATIONS IN THE GENERAL AREA OF FILLMORE AVENUE AND EAST FERRY WHEREAS: The City of Buffalo has seen a substantial Increase in the number of vacant Service Stations throughout the City; and WHEREAS: Vacant Service Station lots ruin the aesthetics of neighborhoods and main thoroughfares; and WHEREAS: These abandoned Service Station lots have become overrun by large weeds, used as dumping grounds for trash, and have become a hazard to the surrounding communities; and WHEREAS: The general area around Fillmore Avenue and East Ferry have experienced a big increase in the number of these abandoned Service Stations; and WHEREAS: The current over proliferation of abandoned Service Stations in the general area of Fillmore Avenue and East Ferry threatens future rehabilitation and revitalization in this area. NOW, THEREFORE BE IT RESOLVED: That a moratorium be placed on licensing of new Service Stations in the general area of Fillmore Avenue and East Ferry; and BE IT FURTHER RESOLVED: That a review process for the establishment and licensing and relicensing of Service Stations be established by this Honorable Body so that the possible over proliferation and over concentration of Service Stations in any area of the City may be avoided in the future. ADOPTED. No. 153 BY: MR. COPPOLA REQUEST INVESTIGATION INTO PARKING REGULATIONS ON LINWOOD AVENUE WHEREAS: Residents of Linwood Avenue have complained about the inconsistency of parking regulations from block to block; and WHEREAS: For example, the block of Linwood between Bryant and West Utica has two-hour parking on both sides; and WHEREAS: The block between West Utica and West Ferry has no restriction during the day, and the block between Barker and Summer has two-hour parking on both sides; and WHEREAS: While it is understandable that special regulations should be posted near Millard Fillmore Hospital and Bryant & Stratton School, the other blocks are primarily residential with some professional offices; and WHEREAS: Residents and clients, many of whom do not have off-street parking, have been heavily impacted by the increase in ticket enforcement. NOW THEREFORE BE IT RESOLVED While it is recognized that parking regulations are necessary, they should not be punitive; therefore, this Common Council requests that the Division of Traffic Engineering reassess the parking regulations on the entire length of Linwood Avenue to assure fairness for those who do not have the luxury of off-street parking; and BE IT FURTHER RESOLVED THAT This resolution also be referred to the Director of Parking Enforcement and the Police Commissioner for their comments. ADOPTED. No. 154 BY: MR. COPPOLA ELIMINATE ROUND-THE-CLOCK CARS FOR SOME CITY OFFICIALS WHEREAS: The Common Council is presently exploring several cost-cutting suggestions to implement in the coming budget year; and WHEREAS: One suggestion that has been successfully used in the Town of Cheektowaga is the elimination of round-the-clock cars for some officials; and WHEREAS: By using a car pool and making cars available during the day only for town business, the Town of Cheektowaga has realized significant savings since February when this plan was first implemented; and WHEREAS: The City of Buffalo could adopt a similar system by making vehicles available from central locations for some city officials who find they must run errands but not on a regular basis. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that all department heads reassess the practice of assigning city-owned cars to individuals on their staffs and report to this body the number of individuals who might take advantage of a central car pool. ADOPTED. No. 155 BY: MR. COPPOLA CHANGE COUNCIL RULES TO ALLOW PUBLIC COMMENT AT COUNCIL MEETINGS WHEREAS: For many years, the Common Council has had a practice of not allowing public comments at Council meetings although the meetings are open to the public; and WHEREAS: The public has been allowed to comment on issues before the Council at committee meetings only; and WHEREAS: The Common Council should reassess this practice as public opinion on certain occasions is important and in some cases a definite necessity. NOW THEREFORE BE IT RESOLVED THAT This Common Council consider suspending the current practice of not allowing public comment at full Council meetings. RECEIVED AND FILED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11 NOES- COPPOLA, PITTS- 2. No. 156 BY: MR. FAHEY APPOINT COUNCILMEMBER AMOS TO FINANCIAL PLANNING COMMISSION WHEREAS: A Financial Planning Commission is being created to address the fiscal concerns facing the city of Buffalo; and WHEREAS: This Commission will be comprised of representatives from the local business community and local government; and WHEREAS: This Common Council has authority to appoint a member to the Commission ; NOW- THEREFORE, BE IT RESOLVED: That this Common Council appoint University District Councilmember Archie L. Amos, Jr. as its representative to the Financial Planning Commission. ADOPTED. No. 157 BY: MR. FRANCZYK REQUEST VENUES TO SUBMIT USER FEE ON TICKETS PLAN WHEREAS: The City of Buffalo is currently struggling with its worst deficit in recent history; and, WHEREAS: Millions of dollars of public monies are still needed to effectuate capital improvements to city-owned sports, cultural and entertainment facilities; and, WHEREAS: The facilities in question, including Pilot Field, War Memorial Auditorium, Shea's O'Connell Theater and Kleinhans Music Hall, are regional assets in need of either expansion, replacement or rehabilitation; and, WHEREAS: A user fee levied on tickets could bring in an estimated $3-million which could be put in a Trust in Agency account for improvements to those facilities; and, WHEREAS: Repairs to Kleinhans will cost roughly $12 million, while renovations at Shea's is estimated in excess of $10 million; and, WHEREAS: Millions of dollars will be required to replace War Memorial Auditorium, or expand Pilot Field, with some of the monies for studies possibly offset by a ticket user fee; and, WHEREAS: Buffalo taxpayers, burdened with an increasing tax load, are required to bear the weight of maintaining the facilities in question, while many of the suburban patrons who subsidize these venues do not contribute enough; and, WHEREAS: The Common Council narrowly defeated a User Fee on tickets proposal for city venues by a 6-7 vote; and; WHEREAS: Budgetary necessity requires the Council to revisit this issue, with the cooperation of the facilities in question; and, WHEREAS: Shea's Buffalo is currently planning to implement a "sliding scale" fee on tickets to their facility to offset capital improvement costs; and, WHEREAS: In addition to Shea's Board of Directors approving the levying of a ticket fee, the Kleinhans Music Hall Board of Directors indicated in this year's budget hearings that they would be favorable to a ticket fee at Kleinhans; NOW THEREFORE BE IT RESOLVED: That this Common Council supports and encourages plans by city venues to approve a self-imposed user fee for capital improvements; BE IT FURTHER RESOLVED: That the Common Council moreover requests that these venues come up with a user fee plan for review by this body; BE IT FINALLY RESOLVED: That Shea's Theater, Kleinhans Music Hall, Pilot Field, War Memorial Auditorium, the Buffalo Zoological Society and any other germane venue, submit a ticket fee plan to the Council no later than October 1, 1992. ADOPTED. No. 158 BY: MR. HIGGINS COMPTROLLER TO NEGOTIATE LEASE AGREEMENT WITH THE FRIENDS OF CAZENOVIA CASINO TO MANAGE CAZENOVIA CASINO WHEREAS: The Cazenovia Casino, in Olmsted designed Cazenovia Park, closed in 1978 becoming a neglected eyesore until 1989 when approximately $500,000 was expended to return it to its original design; and WHEREAS: Before restoration got underway, the Friends of Cazenovia Casino, a nonprofit community group, formed to reintroduce the casino to the public sponsoring its first "Fallfest" in 1988; and WHEREAS: The public responded through membership and support of the past three annual FallFests, featuring a 5K race, craft show and children's activities. The Friends also sponsored nine free well-attended "Summer Series" concerts and plays in 1990 and 1991; and WHEREAS: Through their dedication and solicitation of private and corporate donations, the Friends' 1992 calendar of free events continue to grow including an ecumenical service, an evening at the ballet and Country-Western night; and WHEREAS: The spotlight which the Friends focused on this structure has promoted interest as to how others can book the Casino for private events such as reunions, picnics, and special family gatherings; and WHEREAS: The City's lack of success in attracting a private concern to manage the Casino and the City's requirement for insurance have forced the City to reject such requests leaving the Casino void of activity on many days and evenings; and WHEREAS: This lack of management and the Friends of Cazenovia Casino's experience and insurance policy indemnifying the City provides an opportunity for a mutually beneficial relationship. NOW THEREFORE BE IT RESOLVED: That the Comptroller be authorized to negotiate a lease agreement with the Friends of Cazenovia Casino which allows the Friends to assume responsibility to book events, charge and collect rental fees, and manage the Casino from June 1, 1992 until June 1, 1993 at a fee of $1, with the City responsible for all utility costs and maintenance of the building and grounds and the Lessee to provide insurance holding the city harmless; and BE IT FURTHER RESOLVED: That any profit realized from the management of the Casino will be used by the Friends to continue sponsoring free public gatherings at the Casino and generate positive, family use of Cazenovia Park. ADOPTED. No. 159 BY MESSRS. HIGGINS & FRANCZYK CITY OF BUFFALO ADMINISTRATION AND PARKS DEPARTMENT FIND SOLUTION TO KEEP BENNETT BEACH OPEN WHEREAS: Bennett Beach Park is a 51-acre city-owned recreational facility located on the south shore of Lake Erie; and WHEREAS: Considered one of the best natural beaches on Lake Erie, since 1923 Bennett Beach has served as a public park for all residents of the area; and WHEREAS: Bennett Beach is frequented by thousands of beach goers each summer whenever the park is made available to the public; and WHEREAS: It is a waste of a precious public asset not to be fully utilize Bennett Beach, because of the limited waterfront public access opportunities in this area; and WHEREAS: Acting Parks Commissioner Stan Buczkowski has stated that it cost approximately $50,000 each year to operate Bennett Beach, while the City of Buffalo only realizes $20,000 in revenues; and WHEREAS: Because there is a loss in operating Bennett Beach the Administration has decided to close the park for the 1992 season; and NOW, THEREFORE BE IT RESOLVED THAT: Acting Parks Commissioner Stan Buczkowskl formulate a new fee structure to present to this Common Council no later than May 27, 1992 to offset operating expenses for Bennett Beach so that it will open no later than June 1, 1992 and remain open through the 1992 summer season; and BE IT FURTHER RESOLVED THAT: The Acting Parks Commissioner affirm his commitment to keep said beach open until such time as a long term operation and maintenance program Is developed so that Bennett Beach will here after remain open each season on time for summer use; ADOPTED. No. 160 BY: MR.. PERLA RATIONALE OF ERIE COUNTY 911 EMERGENCY RESPONSE RECORDED "CALL WAITING" SYSTEM WHEREAS: At 12:35 A.M. on the morning of May 16, 1992, Buffalo area citizens having emergencies needing police, fire or medical attention who contacted the Erie County 911 emergency center received a recorded message stating all lines were busy and that the call would be taken by the next available operator; and WHEREAS: Other incidents of emergency calls directed to 911 have been met by the same recorded message with the authorities operating the 911 system having no knowledge of the nature or severity of the incoming calls or any means of prioritizing life or death situations over a less severe situation; and WHEREAS: The 911 emergency response system is a designated emergency communication network without an alternative system available as a safety valve should 911 become overloaded, incapacitated or destroyed; and WHEREAS: The number 911 is a nationally recognized emergency distress communication number taught, utilized and depended upon by children, handicapped persons, the elderly and all citizens alike. A system without the capacity to service them timely and adequately could prove disastrous; and WHEREAS: The Erie County 911 emergency communication network is depended upon by thousands of people for emergency services. If this system, which is designed to be a vital link between the citizenry and emergency services, could be overloaded on a ordinary spring morning, one must ask the question as to how well this system could function in the event of a large civic emergency. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests Erie County Central Police Services to explain their rationale for utilizing a recorded "call waiting system" as an alternative initial response to emergency calls directed to the 911 emergency communications network; and BE IT FURTHER RESOLVED THAT: The Erie County Central Police Services include in their report information as to what alternative solutions the county possesses to insure individual citizens emergency communication should 911 become overloaded, incapacitated or destroyed; and BE IT FINALLY RESOLVED THAT: The Erie County Central Police Services file a report with the City Clerk's office by 2:00 P.M. Thursday, June 4, 1992. ADOPTED. No. 161 BY: MR.. PERLA PERMISSION TO ERECT BANNER FOR THE ALLENTOWN ART FESTIVAL WHEREAS: The 35th Annual Allentown Outdoor Art Festival is scheduled to be held the weekend of June 13 and June 14, 1992; and WHEREAS: The Allentown Village Society requests permission to hang a banner as advertisement for the upcoming art festival event; and WHEREAS: The Allentown Village Society asks that it be allowed to hang a banner on Main Street at the intersection of Goodrich Ave. on the evening of May 26, 1992 (weather permitting], with the scheduled date of removal on June 15, 1992 (weather permitting); and WHEREAS: The selection of Main Street for the placement of the banner Is an alternate location due to the ongoing construction process which removed the poles and brackets from the previous banner location on Delaware Ave. The Allentown Outdoor Art Festival is scheduled to go on as usual on Delaware Ave.; and WHEREAS: An Insurance policy will be in effect for the period the banner is up. The banner will be erected by Alco Sign Co. of Harris Hill, New York. NOW, THEREFORE BE IT RESOLVED THAT: The Allentown Village Society be granted permission to erect a banner on Main Street at the intersection of Goodrich Ave. on existing poles and brackets, for the period of May 26 - June 15, upon satisfaction of the conditions set forth by the Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 162 BY: MR. PERLA MEMORIALIZE THE STATE OF NEW YORK AMEND PUBLIC AUTHORITIES LAW SECTION 1048-f. WATER BOARD WATER BOARD MEMBERSHIP WHEREAS: In 1985, by enactment of the New York State Public Authorities Law, the Buffalo Municipal Water Finance Authority was created and provided for the creation of a City of Buffalo Water Board; and WHEREAS: The Authority, a public benefit corporation, and the Board, a public benefit instrumentality, each have certain powers relating to the financing and setting of rates and charges for the water services within the City of Buffalo; and WHEREAS: The basic framework imposed by the Act adds two organizations to the management structure of the water system: (1) a Finance Authority to finance water systems projects, and (2) a Water Board to set rates and fees at a level so that the water system may be self sufficient. The framework also permits the City to continue to exercise management and facilities planning and provide for the day-to day operations and maintenance of the water system; and WHEREAS: The Finance Authority board would consist of seven members: (1) The Commissioner of Public Works, City of Buffalo, (2) The State Commissioner of Environmental Conservation, (3) Chairman of the Finance Committee (Council), (4) The Commissioner of Administration and Finance, City of Buffalo, (5) & (6) two public members appointed by the Mayor, (7) A public member appointed by the Governor; and WHEREAS: The Water Board would consist of seven members, all appointed by the Mayor, including the Chairman of the Water Board and confirmed by the Common Council; and WHEREAS: Reviewing the appointments to both boards reveals a blatant inequity which may impair the proper management of the Buffalo Finance Water Authority; and NOW THEREFORE BE IT RESOLVED THAT: This Common Council of the City of Buffalo memorializes the State of New York Legislature to amend the New York State Public Authorities Law Section 1048-f. Water Boards to reflect that the Water Board shall consist of one member appointed by the Council, one member appointed from the League of Women Voters, one member appointed from the Buffalo Chamber of Commerce, and four members appointed by the Mayor. This legislation should also state that no Water Board member can be a City Employee or an employee of any City of Buffalo Ancillary Agency; and BE IT FINALLY RESOLVED THAT: The City Clerk be directed to forward certified copies of the resolution to the Clerk of the Assembly, the Secretary of the Senate and members of the Western New York delegation to the State Legislature. REFERRED TO THE COMMITTEE OF THE WHOLE. AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10 NOES- ARTHUR, COLLINS, PITTS- 3. No. 163 BY: MESSRS. PERLA AND PITTS ORDINANCE AMENDMENT CHAPTER 316 - PEDDLING AND SOLICITING The Common Council of the City of Buffalo does hereby ordain as follows: That Section 316-6 of Chapter 316 of the Code of the City of Buffalo amended to read as follows: S316-6. Restricted areas. A. No licensee shall be permitted to sell, peddle, hawk or cry out his wares within the territory bounded on the west by Franklin Street, Upper Terrace, Pearl Street, Pearl Street extended and Commercial Street, on the south by the Buffalo River, on the east by Ellicott Street, Exchange Street (from Ellicott Street to Washington Street), Washington Street and as extended to the Buffalo River, and on the north by Tupper Street, including the streets or parts of streets forming such boundaries; nor within the following territory: that part of Clinton Street between Baitz Avenue and Roberts Street, that part of Bailey Avenue from Seneca Street to Dingens Street, that part of Hobart Street and Hubbard Street within five hundred (500) feet of Clinton Street, and the area within that part bounded by School Street westerly to the Niagara River shoreline, Prospect Avenue from School Street to and including the south side of Porter Avenue, the south side of Porter Avenue from Prospect Avenue westerly to the Niagara River shoreline, from this point northerly to the School Street Niagara River shoreline point. B. Upon written recommendation of the [Commissioner of Inspections and Licenses] Director of Licenses and subject to such terms and conditions as the Common Council may impose, the foregoing restrictions may be modified, altered, changed or suspended for particular applications by resolution of the Common Council. 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 LEGISLATION. No. 164 BY: MR. PITTS ERECT FRIENDSHIP FESTIVAL BANNERS AND FLAGS WHEREAS: Friendship Festival '92 respectfully requests permission to install five (5) street banners and eighty-six (86) American and Canadian flags promoting thee festival in the City of Buffalo and Fort Erie. These banners and flags will be installed by a professional installer on May 26 through May 28, and will be removed July 7 through July 8; and WHEREAS: The 4 ft. x 15 ft. banners will be constructed to comply with the City requirement and will contain only the Friendship Festival Logo and dates; and WHEREAS: The 3 ft. x 5 ft. American and Canadian flags will be mounted onto light poles using electric- way bands and brackets. American/Canadian flags will hang every other pole; and WHEREAS: The Friendship Festival will carry appropriate insurance as required by the City; and WHEREAS: The following locations will be utilized for banners: Delaware & North Niagara & Connecticut Elmwood & Forest Eastside of Niagara Square Pearl Street Bridge; and WHEREAS: The following locations will be utilized for flags: Delaware between North & Niagara Square LaSalle Park Niagara Square Inner Circle. NOW THEREFORE BE IT RESOLVED THAT: The Friendship Festival be granted permission to erect banners and place flags at the aforementioned locations, for the period of May 26 through May 28, 1992 upon satisfaction of conditions set forth by the department of Public Works. PASSED. AYES- 13 NOES- 0. No. 165 BY: MR. PITTS BANNER ERECTION AT MARYLAND AND NIAGARA STREETS WHEREAS: On July 28 through August 1, 1992, there will be an "Evangelical Tent revival" held in the Hudson Street Park. This revival will be held from 7:00 p.m. - 10:00 p.m. each night; and WHEREAS: This revival is sponsored by the Missionary Church of Christ and other Hispanic Churches of Christ as an annual event; and WHEREAS: The sponsors have acquired the necessary insurance and have made arrangements to provide security and clean-up; and WHEREAS: The Parks Department has approved the event The sponsors would like to erect a banner to announce the upcoming event NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the "Evangelical Revival" to be held at Hudson Street Park on July 28 through August 1, 1992, subject to conditions established by the Parks Department - BE IT FURTHER RESOLVED THAT: The Common Council approves the erection of a banner at the corners of Maryland and Niagara Streets during the month of July through the revival date in August, subject to conditions established by the Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 166 BY: MR. PITTS DEVELOPMENT OF NEW HOCKEY ARENA WHEREAS: Recently, the Common Council approved a Resolution to convert Bonds sold for the expansion of Pilot Field, to be used for the building of a proposed new Hockey Arena, and WHEREAS: The Mayor opposed this conversion, which essentially destroyed any chance of needed United States Congressional approval and any opportunity to provide substantial City support to the proposed arena, and WHEREAS: The Mayor's opposition to the Bond conversion has also acted to raise questions as to his support of the building of the new arena - The Mayor's position has been at best lukewarm to the project, and WHEREAS: The City of Buffalo has negotiated a schedule of development for the building of a new arena in a lease with the Buffalo Sabres. At the present time there are obligations which are not being met which could become liabilities to the City of Buffalo, and WHEREAS: While there has been considerable progress and negotiations with the Sabres' organization to solidify a viable financial and project plan, recent actions dictate that the Mayor provide direction relative to the City's participation in the project at this time. NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests the Mayor to provide his recommendations on the viability of the City of Buffalo's participation in the financing and development of the proposed new Hockey Arena. BE IT FURTHER RESOLVED THAT: The Mayor's recommendations also include his position on the City's obligations relative to the existing lease. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12 NOES- FAHEY- 1. No. 167 BY: MR. PITTS ESTABLISH ENTERPRISE ZONE PROGRAM WHEREAS: The recent civil disturbances in Los Angeles, California has rocketed the needs of urban America into the forefront of political and social discourse. In fact the United States- Congress is presently considering an Urban Aid Bill which would appropriate billions of dollars for the revitalization of inner city areas across America, and WHEREAS: Secretary of H.U.D. Jack Kemp has made the development of Urban Enterprise Zones a cornerstone of his program to rebuild Los Angeles and urban America. It was former Congressman Jack Kemp and Former Congressman Garcia who proposed the creation of Urban Enterprise Zones in 1980. While former President Reagan and President Bush have often touted the benefits of Enterprise Zones, policy determinations have been non-existent until recently, and WHEREAS: Various States have developed Enterprise Zone legislation and programs. One of the more notable is New Jersey's Urban Enterprise Zone Act. This Act provides for the designation of Zones in cities throughout New Jersey competitively, and WHEREAS: New York State adopted an "Opportunity Zone" program in the early eighties. However, the impact has not been fully realized especially in the City of Buffalo, and WHEREAS: While the City of Buffalo has a number of incentive programs and has taken advantage of numerous economic development initiatives it has not developed an Urban Enterprise Zone program nor designated any areas within the City as Urban Enterprise Zones, and WHEREAS: The timeliness of the National Debate, coupled with prospective changes in Federal policy to provide resources for Enterprise Zones, it would be advantageous for the City of Buffalo to develop an Urban Enterprise Zone Program. This program would provide for the development of economic, commercial and employment incentives for revitalizing the City of Buffalo particularly on the Lower westside and eastside neighborhoods. NOW THEREFORE BE IT RESOLVED THAT: The Common Council request the Department of Community Development to provide recommendations for the creation of an Urban Enterprise Zone Program. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 168 BY: MR. ZUCHLEWSKI TIRE DISPOSAL WHEREAS: The emergence of ugly piles of used tires on our streets has become a Rite of Spring for Buffalo's residents; and WHEREAS: Tires have been banned from landfills because they tend to rise to the top of the heap, destroying the integrity of the landfill cap in the process; and WHEREAS: There has been some headway regarding tire disposal on the national level and the U.S Department of Transportation will require 5% recycled tire content in all asphalt used in federally funded projects in 1994 with the percentage increasing to 20% by 1997; and WHEREAS: However at the current time it seems that the only local outlet for used tires is the Integrated Waste Tire site on Ganson Street which charges individuals $1.25 per car tire; and WHEREAS: While it is important that the public be informed that Integrated will take tires from individuals, the city does have an obligation to maintain clean streets and to relieve city residents of reasonable amounts of wastes; and WHEREAS: The former Street Commissioner set up a program under which a few dispersed sites functioned as drop off points and residents were encouraged to bring their tires to these sites on appointed days; and WHEREAS: While this approach appeared to involve a minimal amount of effort by the City, there has been no announcement this year that even this program will be in place; and WHEREAS: The Street Sanitation Department needs to come up with a workable plan for ridding Buffalo's streets of unwanted tires; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Commissioner of Street Sanitation to file his department's plan for the collection and disposal of used tires with the City Clerk by 2:00 PM, June 4, 1992; BE IT FURTHER RESOLVED THAT: This Council recommends that this plan include a method of collection which is effective, reasonably convenient for residents, and repeatable in subsequent years so that this Rite of Spring can fade into a mere memory. ADOPTED. AYES- 12 NOES- 0. PLEASE NOTE COUNCILMEMBER BAKOS WAS EXCUSED FROM VOTING ON THIS ITEM. No. 169 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: George R. Moore Total: 1. ADOPTED. UNFINISHED BUSINESS No. 170 BOND RES. - $150,000 - CLEAN MONUMENTS ITEM NO. 196, C.C.P., MAY 12, 1992) Mr. Fahey moved that Item No. 196, C.C.P., May 12, 1992, be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12 NOES- PITTS- 1. No. 171 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES CIVIL SERVICE Tuesday, JUNE 2, 1992 9:30 AM FINANCE Tuesday, JUNE 2, 1992 Immediately Following Civil Service LEGISLATION Tuesday, JUNE 2, 1992 2:00 PM ECONOMIC DEV. Wednesday, JUNE 3, 1992, 10:00 AM No. 172 ADJOURNMENT On motion by Mr. Fahey, Seconded by Mr. Higgins, the Council adjourned at 3:05 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.