Loading...
HomeMy WebLinkAbout92-0721 No. 15 Common Council Proceedings of the City of Buffalo Regular Meeting, July 21, 1992 MAYOR Hon. James D. Griffin COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Eugene M. Fahey COUNCILMEMBERS-AT-LARGE Clifford Bell Eugene M. Fahey Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola - Delaware James W. Pitts - Ellicott David A. Franczyk - Fillmore Norman M. Bakos - Lovejoy David A. Collins - Masten Carl A. PerIa Jr. - Niagara Dale Zuchlewski - North Brian M. Higgins - South Archie L. Amos, Jr. - University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : James W. Pitts, Chairman, George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. Perla, Jr. Members CLAIMS COMMITTEE: Brian Higgins, Chairman, Archie L. Amos, David Franczyk, Rosemarie LoTempio, Carl A. Perla, Jr., Members ECONOMIC DEVELOPMENT COMMITTEE : Clifford Bell, Chairman, Archie L Amos, Jr., David Collins, David A. Franczyk, Alfred Coppola, James W. Pitts, Members. FINANCE COMMITTEE : David Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Brian M. Higgins, Carl A. PerIa, Jr., Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M. Bakos, Rosemarie LoTempio, James Pitts, Dale Zuchlewski Members RULES COMMITTEE : George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts, Members URBAN RENEWAL: Archie L. Amos, Jr., Chairman, David A. Franczyk., Brian M. Higgins, Rosemarie Lotempio, Carl A. Perla, Jr. SPECIAL COMMITTEES SPECIAL COMMITTEE ON BUDGET : Hon. Archie L. Amos, Jr., Chairperson, Hon. Norman M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon. Joel A. Giambra, Mr. Richard Planavsky. SPECIAL COMMITTEE ON CATV : Hon. James W. Pitts, Chairman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski. PARKS DEPARTMENT OVERSIGHT COMMITTEE : James W. Pitts, David A. Franczyk, Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John Scardino, Jr., Representative of the Friends of Olmstead Park, Representative of Delaware Park Steering Committee Representative of Martin Luther King Park Steering Committee, Representative of the Friends of Cazenovia Casino. TASK FORCES TASK FORCE- AUDITORIUM-STADIUM: Hon. James W. Pitts, Chairman, Hon. Alfred T. Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry Nowak, Anthony Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George Gould, George Wessel, William Greely, Women for Downtown/Designee, Donald Quinlan, Rev. Bennett Smith. MEDICAL BENEFITS TASK FORCE: Richard J. Piontek, Larry Insinna, Mary Ann Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J. Carella, John Walker, John D. Smith. EDUCATION FUNDING FORMULA REVIEW TASK FORCE- Hon. Brian M. Higgins, Chairman; Hon. Archie L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella Richardson, Dr. Oscar Smuckler. POLICE REORGANIZATION TASK FORCE- Hon. Eugene M. Fahey, Chairman; Hon. George K. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio, Michael Trimboli, Ralph Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard Planavsky, George J. Panepinto, Martha Dippel, James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. STREETS DEPARTMENT OVERSIGHT TASK FORCE- Hon. Alfred T. Coppola, Chairman; Hon. Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum/Designee, John Scardino. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO Tuesday, July 21, 1992 at 2:00 P.M. PRESENT - George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski - 13. ABSENT - None. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held on July 7, 1992, were approved FROM THE MAYOR No. 1 Veto Message - Transfer Bennett Beach to County Item No. 211, C.C.P., 7/7/92 I am returning herewith the above-referenced item with my veto. As the Corporation Counsel has informed you, and your own records indicate, State legislation is necessary for the alienation of City parkland. Such legislation was previously obtained in 1985 for the purpose of selling Bennett Beach at public auction. Your resolution is therefore a nullity in the absence of such legislation and permits no action by me even if my veto is overridden. Mr. Fahey moved to override the Mayor's veto of the Transfer of Bennett Beach to the County of Erie (Item # 211, C.C.P., July 7, 1992). Seconded by Mr. Higgins. REPASSED AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES- ARTHUR, FRANCZYK, PITTS- 3. No. 2 Veto Message -Local Law Intro. No. 5 Annual Water Statement Item No. 117, June 23, 1992 I am vetoing Local Law Introductory No. 5, of 1992 "Annual Water Statement" which was passed as resolution Item No. 177, June 23, 1992. At the public hearing which I held on June 6, 1992, not a single proponent of the item came forward, including Councilmembers Bell and Coppola who sponsored this proposal. On the other hand, Commissioner Richard Planavsky and Division of Water Director Ronald Carnevale spoke In opposition to this proposed amendment to the City Charter. Mr. Carnevale also read a letter from Public Works Commissioner David Comerford opposing this item. Those who spoke In opposition were unanimous in their reasons - requiring an Annual Water Statement to be mailed to all water customers is unnecessary and costly. To spend between five and twenty thousand dollars on such a mailing would simply be a waste of money. This is particularly inappropriate given the water rate increase included in our 1992-93 budget. Without question, our water is safe to drink and meets all State Health Department standards. Testing is done routinely and is monitored by the Erie County Health Department. Annual reports to this effect could be filed with Your Honorable Body and the Environmental Management Commission and achieve the same results as this Charter Amendment at little or no cost to ratepayers. For these reasons, I am retiring this item with my veto. Mr. Fahey moved to override the Mayor's Veto of Local Law Intro # 5, Item No. 117, C.C.P., June 23, 1992- Annual Water Statement. Seconded by Mr. Bell REPASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 11. NOES- ARTHUR, ZUCHLEWSKI- 2. No. 3 Veto 1992-93 Salary Ordinance Amendments Item # 6, C.C.P. June 30, 1992 I have approved the 1992-93 salary ordinance with the exception with the exception of the following three additions which I have chosen to veto. They are: 1) 40 - Debt of Public Works 1 - Division of Engineering 015 - Repair and Construction of Other Public Improvements 1 Equipment Operator (George Evans only) $20,912 - $23,503 REASON. Apparently Your Honorable Body attempted to create this job for an individual who has been laid off as a Marine Engineer from the fireboat. However, the Civil Service Commission has ruled that Mr. Evans has no bumping rights to this title and would not be able to fill this position even if it were included in the salary ordinances. In addition, pursuant to Article 24, Section 442 of the City barter Your Honorable Body can only approve the creation of a new position upon the certification of the appointing power (Commissioner of Public Works) and the Director of the Budget that the creation of such new position is necessary. Consequently, even an override of this veto would not result in the creation of this position since Your Honorable Body did not have the authority to add it without the certifications referenced above. Furthermore, even if the certifications were provided to create the job Civil Service would not certify the individual as eligible to be appointed to the position. 2) 98 - Department of Water 013 - Repair and Installation of Water Meters 1 Account Clerk Typist (Ruth McGuire only) $19,346 - $21,601 REASON: The reason this title was put in the salary ordinances without an individual's name is that Commissioner Comerford intends to fill the position on a temporary basis while Ms. McGuire is on a maternity leave of absence. The addition of the individual's name would restrict the Commissioner from doing this. Ms. McGuire would still have first rights to this title and as soon as she is ready to return to work she would bump the temporary employee out of the job. Commissioner Comerford feels leaving the title vacant for the approximately six months Ms. McGuire will be on her leave of absence will have an adverse impact on the department's revenues. Sustaining this veto would allow the job to be filled on a temporary basis without jeopardizing Ms. McGuire's rights to the job when she is ready to come back. 3) 98 - Department of Water 014-Intake Pier, Tower and Tanks 1 Stock Clerk (Paul J. O'Hern only) $19,346 - $21,601 REASON: I am vetoing the addition of this title because funding was not included in the budget for this filled job. Commissioner Comerford has indicated that this title is not so critical to the operations of the water department that he can justify keeping other positions vacant during the year in order to provide the attrition savings that would be needed to pay for this unfunded job. I am requesting Your Honorable Body to support my vetoes on each of the three job titles referenced above. Mr. Fahey moved to override the Mayor's Veto of three (3) positions contained In Item No. 6, C.C.P., June 30, 1992- Salary Ordinances 1992-1993. Seconded by Mr. Collins REPASSED. AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- AMOS, LOTEMPIO- 2. No. 4 Fact-Finding Report on Impasse Between AFSCME Local 650, AFL-CIO and the City of Buffalo. I an forwarding herewith the report of Dr. John Watson, the Fact-Finder appointed by the New York State Public Employment Relations Board, in the matter of the impasse between AFSCME Local 650, AFL-CIO and the City of Buffalo for the 1991- 92 contract year. The report of the State-appointed Fact-Finder recognizes the reality of the City's fiscal condition, and recommends no pay increase be awarded to Local 650 for the 1991-92 fiscal year. A total of 18 issues were submitted to the Fact-Finder, and a full-day hearing was held on these issues on April 22, 1992. Subsequently, each party also submitted written briefs and reply briefs. Of the 18 issues submitted, the Fact-Finder made positive recommendation on only five. The Fact-Finder recommended: --One-half hour extra pay per day for employees unable to take advantage of the summer hours provided in the Local 650 contract. (This applies mainly to the civilian employees of the Police Department.) --Out-of-title pay after serving in a higher title for one day (instead of the present three days). --Increase auto allowance form $6.25 per day to $6.75 per day. --Allow an employee to waive health insurance coverage and obtain reimbursement of $60 per month if the employee has coverage through other employment or retirement. (Currently the employee can only waive if he or she has coverage through a spouse). --Pro-rate longevity payments at retirement or death. Due to the reasonable nature of the Fact-Finder's Report, I am pleased to say that I am able to recommend that it be adopted in its entirety by your Honorable Body, and I do so recommend. REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE. No. 5 Reappointment of Member of Emergency Medical Services Board Pursuant to the powers vested in me by Section 6 of Chapter 72 of Part 11 of the Code of the City of Buffalo, I hereby reappoint Mrs. Carrie C. Dragone residing at 487 Crescent Avenue, Buffalo, New York - 14214, as a member of the Emergency Medical Services Board for a term expiring June 30, 1995. I hereby certify that Mrs. Carrie C. Dragone is fully qualified to serve as a member of the Emergency Medical Services Board. RECEIVED AND FILED. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 6 Ordinance Amendment - Uses Subject to Special Regulations Item No. 127, C.C.P., June 23, 1992 The City Planning Board at its regular meeting held Tuesday, July 14, 1992 considered the above ordinance amendment pursuant to Section 511-126 of the Buffalo Code, Procedures for Changes and Amendments. The Planning Board voted to approve the proposed changes as stated in the C.C.P. item captioned above with the following added language: - Section A(1) second sentence - These prohibitions shall be waived ... from the City Planning Board including the recommendations of the City Planning Board with regard to the findings in section 511-95 A(2) ... pursuant to section 511-55[.] and after the findings in section 511-95 A(2) are made by the Common Council. - New Section A(3) last sentence - The Common Council shall not consider a waiver of locational requirements until the above described petition shall have been filed and validated by the [City Planning Board.] Department of Police and its findings are made to the City Planning Board. Note: Matter in brackets [ ] to be deleted; matter underlined is new. RECEIVED AND FILED. No. 7 W. Piotrowski - Request to place a ground sign at 880 Abbott Road Item No. 114, C.C.P., July 7, 1992 The City Planning Board at its regular meeting held Tuesday, July 14, 1992 considered the above request pursuant to Section 387-19 and 511-11 of the Buffalo Code, Review of Ground Signs and Regulations of the R2 Zone. The applicant seeks to place a freestanding non-illuminated sign, which will be accessory to a law office and an appraiser's office. These uses have been granted by the Zoning Board of Appeals since they are not carried out within the applicant's residence. The proposed sign will replace an existing ground sign and will measure 4 feet by 4 feet in sign face area (16 square feet) and be 7 feet in overall height. The site is located in an R2 zone which prohibits signs of this size and type. Consequently, the applicant has sought relief from the Zoning Board of Appeals for the sign in question. Under S.E.Q.R., the proposed sign is considered a Type 11 action which does not require further environmental review. The Planning Board voted no objection to the proposed sign since it is a replacement for an already existing ground sign. RECEIVED AND FILED. No. 8 Westminister Presbyterian Church Request to place ground signs at 724 Delaware Ave. Item No. 115, C.C.P., July 7, 1992 The City Planning Board at its regular meeting held Tuesday, July 14, 1992 considered the above request pursuant to Sections 387-19 and 511-20 of the Buffalo Code, Review of Ground Signs and the Regulations of the R5 Zoning District. The applicant seeks to place two ground signs - one entry sign measuring 38 inches by 24 inches, or 6.3 square feet, and one accessory identification sign measuring 120 inches by 36 inches, or 30 square feet. Both signs will be mounted on a concrete base 4 inches in height and both will be internally illuminated. The site is located in an R5 zone which prohibits freestanding signs. Consequently, the applicant has sought relief from the Zoning Board of Appeals. The site is also located in the Delaware Preservation District. The Buffalo Preservation Board has reviewed the proposed signage, albeit as a part of a comprehensive renovation proposal, at its June 11, 1992 meeting. At that meeting, the Preservation Board granted a Certificate of Appropriateness for the renovation project. Under S.E.Q.R., the proposed signs may be considered a Type 11 action which does not require further environmental review as evidenced in Section 617.13, (d), (8) of the S.E.Q.R. regulations. It should be noted, however, that the Preservation Board considers the entire renovation project, including the signs, to be a Type 1 action and is preparing a negative declaration to that effect. The Planning Board voted "no objection" to the proposed signs. RECEIVED AND FILED. No. 9 B. Burke - Request to use Right-of-way at 51 Court St. for a sidewalk cafe. Item No. 39, C.C.P., July 7, 1992 The City Planning Board at its regular meeting held Tuesday, July 14, 1992 considered the above request pursuant to Section 431-59 of the Buffalo Code, Review of Sidewalk Cafes. The applicant seeks to place a sidewalk cafe consisting of three tables and six chairs and occupying approximately 54 square feet of public right-of-way (or an area measuring 3 feet by 18 feet). It should be noted that the applicant had originally requested a 35 foot by 5 foot sidewalk cafe but his original request had been reduced to accommodate the planters and benches which now occupy the right-of-way of Court Street. The cafe will not be delineated by any railings or cordons and the tables will be removed each night. The site is located in the DO zone which encourages such uses. Under S.E.Q.R., it is considered a Type II action which does not require further environmental review. Lastly, the Department of Public Works has recommended that Your Honorable Body grant a mere license for the cafe. The Planning Board voted to approve the proposed sidewalk cafe as presented with the following conditions: 1. that it be opened no later than 11:00 p.m. daily, and 2. that no trash receptacles are placed in the cafe area. RECEIVED AND FILED. THE BUFFALO WATER BOARD No. 10 Water Payment Structure Item # 195 C.C.P. 7/7/92 The Buffalo Water Board is currently in the organizational phase. This request and other policy issues will be discussed at our upcoming board meetings. RECEIVED AND FILED. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 11 J. Bozer - Hazardous Household Materials Collection Site Item No. 78, C.C.P. 6/9/92 The Buffalo Environmental Management Commission is pleased that the above-captioned issue is being considered by your Honorable Body. It asks me to make the following comments in response to your referral. Efforts need to be increased to remove hazardous waste materials from residential storage and from the City's routine waste collections. Many citizens are unaware that such materials as over-age paints, insecticides, etc. should not be stored on residential property or disposed of improperly. Many others, aware of the danger, have great difficulty in finding appropriate means of disposal. These substances can harm citizens, sanitation workers, firefighters, the sewer plant, the recycling program, and the environment. It is extremely expensive to operate a municipal hazardous waste collection site to take these substances, even on a one day basis. Outside of Buffalo, both State government and commercial firms have contributed support to such programs, which not only remove dangerous substance, but also serve a valuable educational purpose. The Buffalo Environmental Management Commission has supported its Erie County counterpart's effort to secure State funding for this activity under past grant programs. Regrettably, only one one-time collection point was extended into the City of Buffalo. It would make sense if the on-going Erie County program could be operated at a more central location. County Legislator Bozer, in the Commission's view, is correct in making her suggestion. The County collection sites should be more accessible to City residents. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO PRESERVATION BOARD No. 12 Proposed Landmark Designation Saints Peter & Paul Orthodox Church 45 Ideal Street Buffalo, New York 14206 At its regular meeting June 11, 1992, the Buffalo Preservation Board, having conducted a public hearing on May 14, 1992, as required by the Preservation Standards of the Buffalo Code, recommended designation of Saints Peter & Paul Orthodox Church, at 45 Ideal Street, as a local historic landmark. This recommendation is the result of findings contained in a report prepared by the Board's Landmark Designation Committee. A copy of the Committee report and the Landmark Application/Photos are enclosed for your information. (refer to attachments 1 & 2) The Preservation Board determined that this structure meets the following criteria specified in the Code for landmark designation: a) It has character, interest and value as part of the development, heritage and cultural characteristics of the city and the nation; b) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type and method of construction and use of indigenous materials; c) It is the work of an architect whose individual work has influenced the development of the city; d) It embodies elements of design, detailing, materials and craftsmanship that render it architecturally significant. Pursuant to Article 111, Sections 337-9 through 12, of the Preservation Standards, the Committee on Legislation shall hold a public hearing on the this item and report back to the Common Council with a recommendation on its findings. For your information, the owner(s) of the property support the proposed landmark designation, (refer to attachment 3). The owner's representative is: Ms. Irene Zinter, Coordinator Restoration Committee Saints Peter & Paul Orthodox Church in America 45 ideal Street Buffalo, New York 14206 For the record, the vote by the Preservation Board on this item was as follows: AYES: Conlin, Deck, Draper, Forton, Fox, Leary, Levin, Rand NAYES: None ABSENT: Bis, Lownie, Rumsey Motion carried. The application was prepared by the Buffalo Preservation Board, in conjunction with SS. Peter & Paul Orthodox Church, and submitted by: Dr. Thomas B. Leary, Chairman Landmark Committee Buffalo Preservation Board 428 City Hall Buffalo, New York 14202 If you have any questions, please contact James P. Mandell, Board Secretary, at extension 5071/5029. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO ARTS COMMISSION No. 13 Bennett Park Montessori Bronze Project Erie Street Mall The Buffalo Arts commission has reviewed and approved a project sponsored by the Bennett Park Montessori Center in collaboration with local artist Roberly Bell.. Supported with a grant from the N.Y. State Foundation on the Arts, approximately 600 school children created and collaborated on small tile sculptures derived from an environmental theme presented by the artist and individually explored by the students. 100 clay sculptures produced were then cast in bronze in a fashion that would allow each of the bronze tiles in relief to be permanently installed on a vertical or horizontal masonry surface, preferably in a public space. In consultation with the project sponsors and landscape architect in the Department of Community Development, the Arts Commission evaluated several alternative sites. We are recommending for Your Honorable Body's approval a small park in the Erie Street Mall at the intersection of Swan and Franklin. This vest pocket park lends itself well to the project because of a large concrete wall behind the Dun" Building and a number of concrete retaining walls surrounding a fountain designed by Saratoga Associates, in the 1970's. If approved, plans call for the installation and precise location of each bronze tile to be determined in the field under the supervision of the project director, Roberly Bell and Landscape Architect, Dennis Maloney. The Buffalo Arts Commission has thoroughly reviewed the history, design, and means of installation proposed for this project and finds the direct involvement of school children in public art a unique and fitting tribute. A substantial bronze plaque detailing the participants and funding sources has been donated by the School Board. Approval by Your Honorable Body is respectfully requested. Thank you and I am available to answer any questions. Mr. Fahey moved: That the communication from the Buffalo Arts Commission dated July 16, 1992, be received and filed; and That the small park in the Erie Street Mall at the intersection of Swan and Franklin Streets be and hereby is approved as the site for the Bennett Park Montessori Bronze Project. PASSED. AYES- 13 NOES- 0. FROM THE COMPTROLLER No. 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - CAPITAL PROJECTS FUND DIVISION OF DEVELOPMENT DIVISION OF PARKS 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 $6,000 be transferred and reappropriated from various accounts in Appropriation Allotments - Division of Development, 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, JULY 9, 1992 RECEIVED AND FILED. No. 15 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - GRANT-IN-AIDS 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 $7,305 be transferred and reappropriated from various accounts in Appropriation Allotments - Grants-In-Aid, as set fourth 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 of which they were appropriated. DATED: BUFFALO, NEW YORK, JULY 14, 1992 RECEIVED AND FILED. No. 16 CERTIFICATE OF NECESSITY TRANSFER OF- FUNDS APPROPRIATION ALLOTMENTS - DEPARTMENT OF COMMUNITY 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 $300 be transferred and reappropriated from various accounts in Appropriation Allotments - Department of Community Development, as set fourth 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 of which they were appropriated. DATED: BUFFALO, NEW YORK, JULY 14, 1992 RECEIVED AND FILED. No. 17 Permission to Negotiate 537 Best, S E Corner Johnson St. Vacant Land: 30' x 101' Assessed Valuation: $500 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Alan Edmunds of 541 Best Street, Buffalo, New York to purchase the above captioned property. Mr. Edmunds would like to purchase this property, which is adjacent to his home, for extra yard space. For several years Mr. Edmunds has dutifully and at his own labor and expense, maintained the City-owned lot at 537 Best. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale 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 July 14, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Alan Edmunds residing at 541 Best Street, Buffalo, New York for the private sale of city-owned lot at 537 Best Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 18 Permission to Negotiate 18 Cambridge, W 180' N Ferry Vacant Land: 30' x 118' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Phelix Harris of 31 Meech Avenue, Buffalo, New York to purchase the above captioned property. Mr. Harris has recently purchased 16 Cambridge and would like to purchase the subject property in order to fence in, use the rear area for an above ground pool and the remaining portion for a play area. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax aid 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 July 7, 1992 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Phelix Harris residing at 31 Meech Avenue, Buffalo, New York for the private sale of 18 Cambridge and report to this Honorable Body the results of such negotiations. ADOPTED. No. 19 Permission to Negotiate 28 Inter Park, N 251' E Humboldt Vacant Land: 30' x 120' Assessed Valuation: $450 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Tonie Rivera, 45 Laurel, Buffalo, New York to purchase the above captioned property. Ms. Rivera has just recently purchased the house at 26 Inter Park and would like to purchase this property, which is adjacent to her home, in order to black top and fence in for privacy. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale 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 July 15, 1992 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Tonie Rivera residing at 45 Laurel, Buffalo, New York for the private sale of 28 Inter Park and report to this Honorable Body the results of such negotiations. ADOPTED. No. 20 Permission to Negotiate 252 Landon, N 183' W Humboldt Pk Vacant Land: 30' x 141' Assessed Valuation: $1,300 The Off ice of the Comptroller, Division of Real Estate, has received a request from Mr. Robert L. Mims, 248 Landon, Buffalo, New York to purchase the above captioned property. Mr. Mims would like to purchase this property, which is adjacent to his home, for extra yard space. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale 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 July 14, 1992 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Robert L. Mims residing at 248 Landon Street, Buffalo, New York for the private sale of 252 Landon and report to this Honorable Body the results of such negotiations. ADOPTED. No. 21 Permission to Negotiate Sale Nevilly Court Gal-Van Developers The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Paul Granville of Gal-Van Development to purchase the above captioned property. The property consists of a 32 lot subdivision that was acquired through In-Rem foreclosure in 1974. Mr. Granville has submitted a preliminary site plan and renderings. He is requesting on behalf of Gal-Van Development a six month time period to prepare final plans, studies, appraisal and financing for this project. This Office, therefore, is requesting permission to negotiate a private sale with Gal-Van Developers for the development of the above captioned property, the results of which will be forwarded to Your Honorable Body for final approval. Mr. Fahey moved: That the communication from the Comptroller dated July 15, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Paul Granville of Gal-Van Development for the private sale of Nevilly Court and report to this Honorable Body the results of such negotiations. ADOPTED. No. 22 Permission to Negotiate 418 Northampton, N 647' E Jefferson Assessed Valuation: Land: $ 1,200 Improvements: $4,800 Total: $6,000 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Emilio Castillo of 16 Winter Street, Buffalo, New York to purchase the above captioned property. Mr. Castillo intends to rehabilitate this two-family house and reside there. He has provided this office with his plans for the rehabilitation and financial ability to do so. 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 July 7, 1992, be received and filed; and That the comptroller be, and he hereby is authorized to negotiate with Mr. Emilio Castillo residing at 16 Winter Street, Buffalo, New York, for the private sale of 418 Northampton and report to this Honorable Body the results of such negotiation ADOPTED. No. 23 Permission to Negotiate 154 Peabody, W 180' S Seneca Vacant Land: 30' x 107' Assessed Valuation: $1,600 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Floyd A. Baran of 150 Peabody Street, Buffalo, New York to purchase the above captioned property. Mr. Baran would like to purchase this property, which is adjacent to his home, for extra yard space. The Departments of Inspections and Community Revitalization has been contacted and they have no objection to this sale. The Tax and Demolition Lien Off ices 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 July 14, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Floyd A. Baran residing at 150 Peabody Street, Buffalo, New York, for the private sale of 154 Peabody Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 24 Permission to Negotiate 150 Peckham, N 53.34' E Emslie Vacant Land: 26' x 120' Assessed Valuation: $800 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Romeo R. Doyle of 228 Schuele Street, Buffalo, New York to purchase the above captioned property. Mr. Doyle owns 146 Peckham and would like to purchase 150 Peckham in order to build a home. He has advised my office that he needs to purchase 150 Peckham in order to meet the set back requirement. 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 July 7, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Romeo R. Doyle residing at 228 Schuele Street, Buffalo, New York, for the private sale of 150 Peckham and report to this Honorable Body the results of such negotiations. ADOPTED. No. 25 Permission to Negotiate 576 Riley, N 262' W Humboldt Vacant Land: 33' x 112' Assessed Valuation: $900 584 Riley, N 196' W Humboldt Vacant Land: 33' x 112' Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. & Mrs. Marvin Dennard of 574 Riley Street, Buffalo, New York to purchase the above captioned properties. Mr. & Mrs. Dennard would like to purchase these properties, which are adjacent to his home at 574 Riley and his rental property at 578 Riley, for extra yard space. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned properties and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated July 15, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. & Mrs. Marvin Dennard residing at 574 Riley Street, Buffalo, New York, for the private sale of 576 Riley Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 26 Results of Negotiations 722 Northampton, N 216' W Fillmore Two Family Home Lot Size: 30' x 164' Asses. Val.: Land $1,500. Total: $18,400. Item # 19, C.C.P. 5/12/92 Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. and Mrs. Samuel Whitaker, 15 French Street, Buffalo, New York 14211 to purchase the above captioned property. The property consists of a two-family home with a cottage in the rear. Mr. and Mrs. Whitaker intend to purchase this property, renovate and use for income purposes. An independent appraisal on the property was conducted by Mr. Dennis R. Walker, ABLE Appraisal Associates, 43 St. Paul Street, Buffalo, New York, 14209. He has estimated the fair market of the property to be $7,000. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices for two-family homes range from $5,000. up to as much as $50,000, depending on the condition. The subject property was obtained through an In-Rem foreclosure action last year and requires a substantial amount of rehabilitation to both the exterior and interior of the home. The Division of Real Estate concurs with the appraisers estimated value. The results of our negotiations are that Mr. & Mrs. Whitaker have agreed and are prepared to pay $7,000 for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. This office, therefore, is recommending that Your Honorable Body approve the offer of Mr. Samuel and Mrs. Rebie Whitaker for the subject property in the amount of $7,000. I am further recommending that Your Honorable Body also authorize the Mayor to execute the necessary documents for transfer of this property. Mr. Fahey moved: That the above communication from the Comptroller, dated July 16, 1992, be received and filed; and That the offer of Samuel and Rebie Whitaker, residing at 15 French Street, Buffalo, New York 14211, in the sum of Seven Thousand ($7000.00) Dollars to purchase 722 Northampton Street, Buffalo, New York, be and hereby is accepted; and That the appraisal report, requested by the City, transfer tax, recording fees, and cost of legal description will be paid by the purchaser; and That the Mayor be, and he hereby is, authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 27 Results of Negotiations 150 Peckham, N 53.34 E Emslie Vacant Lot: 26' x 120' Assessed Valuation: $800 The Comptroller's Office is requesting that Your Honorable Body accept this item as a late file for the July 21, 1992 Council Meeting. The Division of Real Estate had received a request, on July 9, 1992, from Mr. & Mrs. Romeo R. Doyle of 228 Schuele Street, Buffalo, New York to purchase the above captioned property. Mr. & Mrs. Doyle have purchased the adjoining property at 146 Peckham, a corner lot. Mr. & Mrs. Doyle are in the process of constructing a new home at 146 Peckham. The builder was ready to start construction of the home, when it was discovered that the new home will not meet set back requirements. The purchase of 150 Peckham will give the Doyle's enough property to meet the set back requirements. The Doyles have met all requirements to purchase this property and the division of real estate has received the required releases from all City departments. In addition, the Doyles have supplied this office with an independent appraisal of the property conducted by Mr. Thomas Cataudella, Pirritano Appraisals, Inc., 745 Center Road, P.O. Box 650, West Seneca, New York 14224. He has estimated that the fair market value to be Eight Hundred Dollars ($800). The Division of Real Estate has investigated the sales of similar properties in the area. The sale prices range from Six Hundred ($600) to Nine Hundred ($900) Dollars. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. & Mrs. Doyle have agreed and are prepared to pay Eight Hundred Dollars ($800) for the subject property. They have also agreed to pay for the cost of the appraisal, legal description, transfer tax and recording fees. Therefore, I am recommending that Your Honorable Body authorize the sale of 150 Peckham, to Mr. Romeo R. and Eva M. Doyle in the amount of Eight Hundred Dollars ($800). I am further recommending that Your Honorable Body authorize the Mayor to execute the necessary documents for the transfer of title. Mr. Fahey moved: That the above communication from the Comptroller, dated July 16, 1992, be received and filed; and That the offer of Romeo R. and -Eva M. Doyle, residing at 228 Schuele Street, Buffalo, New York, 14215, in the sum of Eight Hundred Dollars ($800.00) to purchase 150 Peckham Street, Buffalo, New York, be and hereby is accepted; and That the appraisal report, requested by the City, transfer tax, recording fees, and cost of legal description will be paid by the purchaser; and That the Mayor be, and he hereby is, authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES 13 NOES- 0. No. 28 Abandonment of 15' Portion of Tyler Park, Corner of South Park and Southside The Comptroller's Office, Division of Real Estate, has received a request from the American Legion Post # 64, 1770 South Park Avenue, Buffalo, New York to purchase a 15' x 127.70' portion of Tyler Park. The American Legion is requesting this 15' x 127.70' parcel in order to accommodate an addition to make their building accessible to the handicapped. Their present building was built to the lot lines and this is the only feasible alternative to accommodate an addition for their building. The American Legion Post building abuts the park on the north line which is 127.70' long. Tyler Park is a triangular parcel approximately 20,480 sq. feet. The park contains a memorial which was erected some years ago by the American Legion. The park benches were removed several years ago due to vandalism. The memorial and the park have been maintained by the American Legion. The Parks Department has been notified and they have no objection to the release of the 15' x 127.70' portion of the park to accommodate the handicapped, as long as the City receives State Legislative approval. Should Your Honorable Body approve the above request, this office recommends that you also forward a resolution to the State Legislature to pass a bill authorizing the City to transfer this 15 x 127.70' of land, no longer needed for park and recreation purposes, for the above mentioned use. I am attaching a copy of the survey showing the park and the American Legion Post building for your review. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 29 Request to Purchase Kaled M. Hassan 275 Jefferson Avenue Item # 107, C.C.P. 7/7/92 The above mentioned item wad forwarded to this office and the Corporation Counsel's office for a response. The item is a request from Mr. Kaled M. Hassan to purchase 275 Jefferson Avenue, a 34' x 110' parcel which adjoins his property at 279 Jefferson Avenue. 275 Jefferson Avenue adjoins the south side of Mr. Hassan's property. The City of Buffalo also owns 271 and 289 Jefferson which are contiguous to the property Mr. Hassan is requesting to purchase. Our property record inventory card indicates that Your Honorable Body passed a resolution transferring these properties to BURA per Item # 180, C.C.P. 4/18/89. The City Assessment records indicate that the title to the property still remains in the name of the City of Buffalo. This office will need to further research this matter before commenting or making a recommendation and reporting back to Your Honorable Body However, the Division of Real Estate will contact Mr. Hassan and advise him of our private sale procedures. This office will also contact Inspections & Community Revitalization, Community Development and Tax and Demolition Lien offices in order to obtain the required releases before initiating a private sale. REFERRED TO THE COMMITTEE ON FINANCE. No. 30 Reports of Audit for the Board of Parking Item No. 202, C.C.P. 07/07/92 Attached please find the following Audit Reports: 1. Buffalo Civic Auto Ramps, Inc. 7/1/87 to 6/30/88 2. Multiple Parking Services, Inc. 7/1/87 to 6/30/88 The above reports were requested by the Council in a letter dated July 8, 1992. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 31 Permission to Trade in Equipment The Data Processing Division requests approval to trade in a Xerox 3700 Laser Printer on a purchase of a Xerox 4235 Laser Printer. The printer will be purchased thru State Contract # P37621. The trade in value is approximately $8,330. Mr. Fahey moved: That the communication from the Director of Data Processing dated July 15, 1992 be received and filed; and That the Director of Data Processing be and hereby is authorized to trade in a Xerox 3700 Laser Printer on a purchase of a Xerox 4235 Laser Printer. PASSED. AYES- 13 NOES- 0. No. 32 Unpaid PILOT Payments Item No. 213, C.C.P. July 7, 1992 The Common Council has requested information regarding delinquent Payment In Lieu of Tax (PILOT) agreements. The Division of Collections can make attempts at the collection of these outstanding debts if they are referred to the Comptroller's Office by the Department of Assessment, pursuant to Chapter 113 of the City Charter. In addition, the offending delinquents will have unpaid amounts due to the City of Buffalo listed on their credit reports. A review of each PILOT agreement is necessary, as I understand that the default provisions may vary with each agreement. This office is willing and able to review the various agreements and commence collection procedures. All matters necessitating legal action will be referred to the Corporation Counsel. REFERRED TO THE COMMITTEE ON FINANCE. No. 33 Offer To Compromise Demolition Cost 196 Monroe Street (Rear) Gertrude McCray On or about June 4, 1991, a building located at 196 Monroe Street, on the rear of this property, was demolished by the City of Buffalo. The total cost paid by the City for the demolition was $4,900.00, financed from the Block Grant account. The property is owned by Gertrude McCray, a 95-year-old widow who resides in the front building on the property. Mrs. McCray's son, Felix Stewart, of 225 Monroe Street, has offered to pay a total of $3,000.00 for full and complete settlement of this lien against Mrs. McCray's property. That amount of $3,000.00 is being held in escrow by the Comptroller's Office pending acceptance of this compromise offer by the Common Council. Since Mrs. McCray, the responsible party, is financially unable to pay the cost of the demolition, this offer by her son is realistically the maximum recovery that the City could make in this situation. Mr. Fahey moved: That the communication from the Comptroller dated July 16, 1992 be received and filed, and That the Comptroller be, and hereby is, authorized to accept $3,000 from Felix Stewart on behalf of Gertrude McCray in full settlement of the City's claim for demolition of 196 Monroe Street. PASSED. AYES- 13 NOES- 0. No. 34 Status Perrysburg Property Item # 3, C.C.P. 12/18/91 In the above item Your Honorable Body authorized the Office of the Comptroller to have the property known as the J. N. Adam Hospital, located in Perrysburg, New York appraised to determine its value. While this office proceeded to request proposals for the appraisal assignment, many of the appraisers had expressed concern about the assignment due to the complex nature of the legal and physical aspects of the Perrysburg facilities. The property consists of a number of facilities which include a hospital, power plant, potable water system and water storage, 20 residential housing units, apartment and dormitory housing and other support buildings and facilities; all of which are situated on approximately 675 acres of land. In short, this is a small community and poses a number of problems which are unique to an appraisal assignment. In January of this year, I met with representatives of the City's Administration and Finance, Corporation Counsel, Community Development and a Real Estate Consultant. A decision was reached, as a result of that meeting, to hire a consultant and have a preliminary study conducted. The purpose of the study was to gather information identifying appraisal problems and prepare a plan which would assist the City in developing a request for proposal for the appraisal assignment and a marketing plan, should the City of Buffalo take control of the property. Attached to this communication is a final copy of the consultants recommendations for preparing a request for proposal and an overall plan for marketing the property. A number of legal issues have arisen with respect to the transfer of the Perrysburg property back to the City of Buffalo. The Corporation Counsel has been in contact with the State regarding these issues. I will be meeting with the Corporation Counsel this week to receive an up-date on the legal issues and will advise Your Honorable Body of our progress with the above mentioned appraisal of the property. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Comments- BCAM Budget BCAM's budget is approved by the Common Council and the paperwork is processed through the Division of Treasury. The Comptroller's office reviews requests for payment to ensure that they appear in the Council approved BCAM budget. Any changes from the original budget require an amendment which must be approved by Council. The budget presented from BCAM requests a capital operating request of $53,300. Our records indicate that there is not enough money left in the account to support that request. Combine the expenditures previously made by Sunship with the money spent and requested by BCAM in the current budget year and there is approximately $41,690 left. Please be further advised that BCAM's original proposal was to spend the monies which accumulated in the Cable account between the termination of Sunship and the start of BCAM, by spreading them out through fiscal year 93/94. Their current request calls for spending them in the budget year 92/93. Attached is a copy of their previous proposal. Also, be advised that the TCI annual contribution is $80,000. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 36 Certificate of Appointment Appointment to become effective June 17, 1992 in the Department of Audit & Control , Division of Accounting, Louis M. Biondi, 279 Summit Ave., Buffalo, NY 14214 to the position of Associate Accountant, Permanent at the starting salary of $33,262.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 37 Certificate of Appointment Appointment to become effective July 15, 1992 in the Department of Audit and Control, Division of Accounting, Richard A. Butler, 197 Esser Avenue Buffalo, NY 14207 to the position of Associate Accountant, Temporary at the starting salary of $33,262.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 38 Certificate of Appointment Appointment to become effective July 9, 1992 in the Department of Audit and Control, Division of Audit, Charles E. McSwain, 401 Starin Ave., Buffalo, NY 14216 to the position of Associate Auditor, Permanent at the starting salary of $33,262.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 39 Unpaid Pilot Payments Item 213, C.C.P. July 7, 1992 The Department of Assessment sends a notice of unpaid amounts in the month of June to Business Owners with Pilot Agreements. Direct billing is done by the Division of Accounting. The Commissioner of Assessment sent correspondence to Corporation Counsel in December 1990 requesting that the Law Department take whatever legal action that is available to the City of Buffalo for collection of these unpaid taxes. The Assessment Tax Rolls for these parcels are assessed to E.C.l.D.A. and are recorded as Tax Exempt. I recommend that the Law Department identify and notify the governmental agency that has the responsibility for the collection of the above mentioned delinquent accounts. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 40 Notification Serial # 8241 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 PERM PKG EFFECTIVE PERM PKG LOCATIONS DAILY EXCEPT SUNDAY Main Street Two Hour Parking east side 7am - 4pm between Minnesota Avenue and Sutton Lane (excluding NSHTC areas) Notification Serial # 8242 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 PERM PKG EFFECTIVE PERM PKG LOCATIONS DAILY EXCEPT SUNDAY Main Street Two Hour Parking west side 10am - 7pm between the north property line of # 3122 Main St. and a point 130' south of W. Winspear Ave. (excluding NSHTC areas) Notification Serial # 8243 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 PERM PKG EFFECTIVE PERM PKG LOCATIONS DAILY EXCEPT SUNDAY Main Street Two Hour Parking west side 10am - 7pm between a point 60' north of a point opposite the north curb line of Minnesota Avenue extended and the south property line of # 3144 Main St. (near Highgate Avenue) Notification Serial # 8244 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 PERM PKG EFFECTIVE PERM PKG LOCATIONS DAILY EXCEPT SUNDAY Main Street Two Hour Parking west side 10am - 7pm between W. Winspear Ave. and University Ave. (excluding NSHTC areas) Notification Serial # 8245 PERMISSIVE PARKING - REPEAL 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 repealing thereto the following: PERMISSIVE PARKING - REPEAL PERIOD PERM PKG EFFECTIVE PERM PKG LOCATIONS DAILY EXCEPT SATURDAY AND SUNDAY Main Street One Hour Parking east side 7am - 4pm between Lasalle Ave. and Sutton Lane, excluding NSHTC areas Notification Serial # 8246 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 repealing thereto the following: PERMISSIVE PARKING - REPEAL PERIOD PERM PKG EFFECTIVE PERM PKG LOCATIONS DAILY EXCEPT SATURDAY AND SUNDAY Main Street One Hour Parking west side 10am - 7pm between a point 60' north of a point opposite the north curb line of Minnesota Ave. extended and the south property line of #-3144 Main St. (near Highgate Ave.) Notification Serial # 8247 PERMISSIVE PARKING - REPEAL 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 repealing thereto the following: PERMISSIVE PARKING - REPEAL PERIOD PERM PKG EFFECTIVE PERM PKG LOCATIONS DAILY EXCEPT SATURDAY AND SUNDAY Main Street One Hour Parking west side 10am - 7pm between W. Winspear Ave. and University Ave. excluding NSHTC areas Notification Serial # 8248 PERMISSIVE PARKING - REPEAL 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 repealing thereto the following: PERMISSIVE PARKING - REPEAL PERIOD PERM PKG EFFECTIVE PERM PKG LOCATIONS DAILY EXCEPT SATURDAY AND SUNDAY Main Street One Hour Parking west side 10am - 7pm between the north property line of # 3122 Main St. and a point 130 south of W. Winspear Ave. excluding NSHTC areas RECEIVED AND FILED. No. 41 Monthly Report of Licenses Issued June 1992 I am respectfully Submitting the enclosed report of Licenses issued in the month of June 1992 by the Division of License. RECEIVED AND FILED. No. 42 Extension of Time on Contract Exterior Stair Reconstruction Buffalo Museum of Science In accordance with the terms of the contract between the City of Buffalo and Vara-Science, Inc. C-91644300, the work should have been completed by May 29, 1992. Due to poor weather conditions 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 31, 1992 to Vara-Science, Inc. to complete the work of this contract. RECEIVED AND FILED. No. 43 Delaware Park Casino Assignment of Lease Parker Bay Consultants, Inc., the leasee of the Delaware Park Casino, has requested that their lease be assigned to a corporation that will remain under Mr. Albert J. Gilewicz's control. Attached please find a copy of the July l, 1992 correspondence from Mr. Gilewicz to the Corporation Counsel's Office outlining the request. It is respectfully requested that Your Honorable Body authorize the assignment of this lease subject to the stipulations outlined in the attached correspondence. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 44 Delaware Park Casino Reimbursement of Expenses Parker Bay Consultants, Inc. Parker Bay Consultants, Inc., the Leasee of the Delaware Park Casino, has requested the City of Buffalo reimburse Parker Bay Consultants for their repairs of structural and building shell deficiencies encountered once they were able to take occupancy and examine the facility. It is the opinion of this department that these deficiencies, if they were known by us, should have been corrected by the City prior to the execution of any lease. The direct expenses incurred by Parker Bay Consultants, Inc. involve the extermination of carpenter ants, repair of two (2) collapsing masonry arches, decayed mid-level floor support and protection due to water leakage. The initial request from Parker Bay Consultants, Inc. was for $64,457.88. This department has reviewed the request and recommends a payment of $48,067.87. We have eliminated reimbursement for profit (10%), in-house technical services, in-house disposal fees, use of their own welding machine, material costs not verified by paid invoices and half of the costs associated with delays due to water leakage. It is respectfully requested that Your Honorable Body authorize a payment of $48,067.87 to Parker Bay Consultants, Inc. for these repairs. Funds are available in CPF 200-402-092: Reconstruction of Delaware Park Casino. Mr. Fahey moved: That the communication from the Commissioner of Public Works dated July 16, 1992, be received and filed; and That the Commissioner of Public Works be and hereby is authorized to reimburse Parker Bay Consultants Inc., Lessee of Delaware Park Casino, in the amount of $48,067.87 for repairs of structural and building shell deficiencies at the Casino. Funds are available in CPF 200-402-092: Reconstruction of Delaware Park Casino. PASSED. AYES- 13 NOES- 0. No. 45 Report of Bids Masonry Reconstruction Carnavale Center 118 East Utica Street I asked for and received the following Informal Proposals for the Masonry Reconstruction of the Carnavale Center, 118 East Utica Street, Buffalo, New York on July 14, 1992. Progressive Weatherproofing, Inc. 14,500.00 Gerald T. Stay Co., Inc. 16,000.00 LCP Construction Corp. 17,250.00 Vara Science, Inc. 18,922.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Weatherproofing, Inc. in the amount of $14,500.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-085 - Division of Buildings. Estimate for this work was $15,000.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated July 14, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for THE MASONRY RECONSTRUCTION OF THE CARNAVALE CENTER, in the amount of $14,500.00, to PROGRESSIVE WEATHERPROOFING, INC., the lowest responsible bidder. Funds for this work are in the Division of Building's B/F 200-402-085 Account. PASSED. AYES- 13 NOES- 0. No. 46 Report of Bids Grover Cleveland Monument Area Buffalo City Hall I advertised for on June 30, 1992 and received the following sealed proposals which were publicly opened and read only 14, 1992. LCP Construction Corp. 62,283.00 Nichter Construction 67,200.00 MPJ Contracting 76,300.00 Vara Science, Inc. 89,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that LCP Construction Corp. in the amount of $62,283.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-005 - Division of Buildings. Estimate for this work was $100,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated July 14, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for GROVER CLEVELAND MONUMENT AREA in the amount of $62,283.00, to LCP Construction Corp., the lowest responsible bidder. Funds for this work are in the Division of Building's B/F 200-402-005 Account. PASSED. AYES- 13 NOES- 0. No. 47 Report of Bids Restorations & Addition to War Memorial Monument Hennepin Park I asked for and received the following informal proposals which were publicly opened and read on February 25, 1992. Galle Memorial Studio, Inc. $19,845.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that GalIe Memorial Studio, Inc. in the amount of $19,845.00 is the only responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-044 - Division of Buildings. Estimate for this work was $18,540.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated July 8, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for RESTORATION AND ADDITION TO WAR MEMORIAL MONUMENT IN HENNEPIN PARK, in the amount of $19,845.00, to GALLE MEMORIAL STUDIO, INC., the only responsible bidder. Funds for this work are in the Division of Building's B/F 200-402-044 Fund. PASSED. AYES- 13 NOES- 0. No. 48 Report Of Bids New Windows And Doors - Col. Ward Station New Custom Steel Door - Col. Ward Station As authorized by your Honorable Body in Item No. 55 of November 15, 1983 plans and specifications were prepared and sealed proposals accepted for New Windows and Doors and New Custom Steel Door at the Col. Ward Pumping Station. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Monday, June 15, 1992: New Windows and Doors: The Hadala Corporation 325 Grote Street Buffalo, New York 14207 $91,400.00 Clarence Associates, Inc. 8680 Main Street Williamsville, New York 14221 $92,000.00 Nichter Associates, Inc. 344 Vulcan Street Buffalo, New York 14207 $98,900.00 Amherst Construction, Inc. 150 Milton Street Williamsville, New York 14221 $99,750.00 Marcon Erectors, Inc. 1 Howell Street Buffalo, New York 14207 $104,651.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that The Hadala Corporation, 325 Grote Street, Buffalo, New York is the lowest responsible bidder for New Windows and Doors at the Col. Ward Station with their bid of $91,400.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with The Hadala Corporation for the above work in the amount of $91,400.00 and same be charged to the Division of Water's 415 Capital Project Fund 047 account. The Engineer's estimate for this work was $120,000.00. New Custom Steel Door - Col. Ward Station: Nichter Associates, Inc. 344 Vulcan Street Buffalo, New York 14207 $58,000. 00 The Hadala Corporation 325 Grote Street Buffalo, New York 14207 $84,050.00 Clarence Associates, Inc. 8680 Main Street Williamsville, New York 14221 $88,500.00 Marcon Erectors, Inc. 1 Howell Street Buffalo, New York 14207 $88,919.00 Amherst Construction, Inc. 150 Milton Street Williamsville, New York 14221 $90,700.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Associates, Inc., 344 Vulcan Street, Buffalo, New York is the lowest responsible bidder for the New Custom Steel Door at the Col. Ward Station with their bid of $ 58,000.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Nichter Associates, Inc. for the above work in the amount of $58,000.00 and same be charged to the Division of Water's 415 Capital Project Fund, 047 Account. The Engineer's estimate for this work was $80,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated July 6, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contracts for NEW WINDOWS AND DOORS - COL. WARD STATION, in the amount of $91,400.00, to THE HADALA CORPORATION, the lowest responsible bidder, and for NEW CUSTOM STEEL DOOR - COL. WARD STATION in the amount of $58,000.00, to NICHTER ASSOCIATES, INC., the lowest responsible bidder. Funds for this work are in the Division of Water's 415 Capital Project Fund 047 Account. PASSED. AYES- 13 NOES- 0. No. 49 Change in Contract Electrical Reconstruction Old First Ward Community Center Republic & Tennessee Streets I herewith submit to Your Honorable Body the following change in contract for the Electrical Reconstruction of Old First Ward Community Center, CIR Electrical Const. C-91610200: 1. Furnish and install 13 additional photo-electric and 4 duct type smoke detectors. ADD $6,100.00 As per request of the Fire Department. The foregoing change results in a net increase in the contract of Six Thousand One Hundred and 00/100 Dollars ($6,100.00). Summary Original Amount of Contract $87,900.00 Amount of this change (No. 1) ADD 6,100.00 Revised Amount of Contract $94,000.00 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 200-402-024 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated July 1, 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 CIR Electrical Const., changes resulting in a net increase in the amount of $6,100.00, as more fully described in the above communication, for additional work relating to Electrical Reconstruction of Old First Ward Community Center at Republic and Tennessee Streets, Contract No. 91610200. Funds to be charged against the Division of Building's B/F 200-402-024 Account. PASSED. AYES- 13 NOES- 0. No. 50 Permission to Engage Consultant Plans and Specifications 889 Kensington Recreational Center I respectfully request Your Honorable Body's permission to engage a Consultant to prepare plans and specifications, advertise and receive sealed proposals for the 889 Kensington Recreational Center. Funds for this project will be available in Capital Project Fund 200-402-007. Mr. Fahey moved: That the above communication from the Commissioner of Public Works, dated July 15, 1992, be, and the same hereby is, received and filed; and That the Commissioner of Public Works be, and hereby is, authorized to engage a consultant to prepare plans and specifications, advertise and receive sealed proposals for the 889 Kensington Recreation Center, funds to be available in Capital Project Fund 200-402-007. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 51 Water Payment Structure CCP 195, July 7, 1992 In response to your resolution requesting a cap on water arrears and the triggering of negotiated payments schedules along with the creation of a customer service department for the Water Board, I make the following response. In regards to the later resolution, the Division of Water's Billing and Collection Departments already function as a customer service department. The staff of those departments are highly trained, efficient, personable employees who interact with the public on a daily, even hourly basis. I cannot emphasize enough, they have been trained to be most helpful to the residents of the City of Buffalo. In regards to the first resolution, our Collection Department is coming on line with a computer program that will allow the triggering of the arrears status on individuals accounts. That triggering will occur when an individual account is either two months in arrears or more than $200.00 in arrears. The staff of the Water Division is engaged in an aggressive effort to reduce arrears and thus gain much needed additional funds for the City. It is committed to treating each and every citizen of the City of Buffalo with courtesy, compassion and a commitment to informing those citizens of their obligation to pay their bills in a timely and equitable fashion. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 904 Elmwood Requests Permission To Install Sidewalk Cafe Mrs. Marilyn Thomasula owner of Marilyns Deli located at 904 Elmwood Avenue has requested permission to install a sidewalk cafe which would encroach the City right of way at said address. The proposed cafe would measure ten feet in length and project five feet from the building face into City right of way. The Department of Public Works has reviewed Mrs. Thomasula's application pursuant to Chapter 143 Section 59 (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 as shown on plans submitted to and approved by the Department of Pubic Works Division of Buildings. 3. That the sidewalk cafe does not exceed ten feet in length or extend more than five 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 59 (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. 53 E.C.C. Athletic Center Requests Permission To Install Several Benches, Trees, and Light Standards Within City Right Of Way On Swan Street Between Elm and Oak Streets. Mr. Thomas J. Dearing, Community Planning Coordinator for the County of Erie, has requested permission to install several benches, trees and light standards within the City right way on Swan Street between Elm and Oak Streets. The above mentioned encroachments would be installed adjacent to the E.C.C. Athletic Center now under construction. The benches (8) would be located one foot from the building face whereas the trees (14) and light standards (7) would be located along the curbline, leaving a minimum of six feet of unobstructed public sidewalk. The Department of Public Works has reviewed Erie County'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 Erie County be responsible for maintenance of the benches, trees and light standards as long as they remain within the City right of way. 2. That the benches, trees and light standards be installed exactly as shown on plans submitted to and approved by the Department of Public. 3. That Erie County provide the City with a certificate of insurance which will indemnify and save harmless the City of Buffalo in the event of an accident or personal injury caused by the installation and/or use of said benches, trees and light standards. Mr. Fahey moved: That the communication from the Department of Public Works dated July 16, 1992, be received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a "mere license" to the County of Erie for the installation of eight benches, fourteen trees and seven light standards which would encroach city right-of-way on Swan Street between Elm and Oak Streets adjacent to the ECC Athletic Center now under construction, subject to the following conditions: 1. That Erie County be responsible for maintenance of the benches, trees and light standards as long as they remain within city right-of-way. 2. That the benches, trees and light standards be installed exactly as shown on plans submitted to and approved by the Department of Public Works. 3. That Erie County provide the City with a certificate of insurance which will indemnify and save harmless the City of Buffalo in the event of an accident or personal injury caused by the installation and/or use of said benches, trees and light standards. PASSED. AYES- 13 NOES- 0. No. 54 Solicitation of Funds Application NYPIRG - NEW YORK PUBLIC INTEREST RESEARCH GROUP Attached is an application for Solicitation of Funds for NYPIRG New York Public Interest Research Group to solicit funds in the Buffalo area for the month of August 1992. In accordance with Chapter 316, Article IV of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Fahey moved: That the Communication from the Commissioner of Public Works dated July 2, 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 soliciting funds to NYPIRG (New York Public Interest Research Group) for the month of August, 1992. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 55 Solicitation of Funds Application CCE - CITIZENS CAMPAIGN FOR THE ENVIRONMENT Attached is an application for Solicitation of Funds for CCE -Citizens Campaign for the Environment to solicit funds in the Buffalo area for the month of August 1992. In accordance with Chapter 316: Article IV of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. This Department is against the granting of such License. We have had nothing but trouble with similar groups in the past. They misrepresent themselves and give false information to unsuspecting constituents. They are supposed to adhere to the text they give us (see attached), but upon questioning, rarely do. Instead they criticize the City and it's policies using scare tactics and misinformation. The privacy of our citizens is violated enough without the City giving its imprimatur to entities that, frankly, present only one side of an issue. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 56 Restaurant/Dance Class IV 2391 Fillmore Avenue Pursuant to Chapter 150 of the City of Buffalo Ordinances, Please be advised as follows: I have examined the attached application for Restaurant/Dancing Class IV located at 2391 Fillmore Avenue and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class IV License is being sought and according to the attached reports from the Fire Department: Zoning Department and the Building Inspector.. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Arthur Workman. The Police Department is making no recommendation for approval or disapproval. In consideration of the application of: Arthur Workman D/B/A Club Paradise 2391 Fillmore Avenue Buffalo, New York This request is submitted for consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION, PARKSIDE COMMUNITY ASSOCIATION AND THE VERNON TRIANGLE BLOCK CLUB. No. 57 NY Rte. 384 Delaware Avenue from West Delavan to Nottingham-BIN 2-04724-1 & BIN 2-04724-2 Over Scajaquada Creek, City of Buffalo, Erie County, NY PIN 5460.24 The New York State Department of Transportation has requested that your Honorable Body approve the attached resolutions and agreements for the design of the above mentioned project. This project is being funded with FAUS monies. May we have your Honorable Body's permission for the Mayor to enter into this agreement for the City of Buffalo. Mr. Fahey moved: That the communication from the Department of Public Works dated July 10, 1992, be received and filed; and That the resolutions and agreements contained in the above communication be and hereby are approved; and That the Mayor be and hereby is authorized to enter into this agreement on behalf of the City of Buffalo, and to execute all necessary documents connected therewith. PASSED. AYES- 13 NOES- 0. No. 58 PIN 5576.61, Route 16, Seneca Street BIN 2-01193-0 Over Buffalo River. Attached is an agreement for the reconstruction of the bridge on Seneca Street over the Buffalo River. This agreement was submitted by the New York State Department of Transportation. This project is being funded by Federal Aid HBRR funds, New York State Marchiselli funds and City of Buffalo Bond funds. We are requesting approval of this agreement by your Honorable Body and also request permission for the Mayor to sign this agreement. Mr. Fahey moved: That the communication from the Department of Public Works dated July 14, 1992, be received and filed; and That the agreement contained in the above communication relating to the reconstruction of the bridge on Seneca Street over the Buffalo River be and hereby is approved; and That the Mayor be and hereby is authorized to sign this agreement on behalf of the City of Buffalo. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF PARKS No. 59 Retroactive Payment- Lifeguard Please be informed that a seasonal lifeguard with the Buffalo Parks Department, Antonio Cruz, 24 South Johnson Park, Buffalo, 14201, was left off in error from a certificate dated July 1,1992. Antonio worked July l to July 5,1992, and lam requesting that he receive retro-active pay for this time. Thank you for your attention regarding this matter. Mr. Fahey moved: That the communication from the Acting Commissioner of Parks, dated July 7, 1992, be received and filed, and That retroactive payment for July 1, 1992 to July 5, 1992 be, and hereby is, authorized for Antonio Cruz, 24 South Johnson Park, Buffalo, New York 14201, for work performed for the Parks Department during that period. PASSED. AYES- 13 NOES- 0. No. 60 Trade-in of Equipment- Purchase Two Smithco Super Rakes We would like to purchase two (2) Smithco Super Rakes with the following four (4) pieces of equipment as trade-ins: PK7803 - 1978 Jacobson F10 PK8101 - 1981 Jacobson F10 PK705 - 1967 Ford Tractor PK706 - 1967 Ford Tractor The estimated value of trade-ins is $10,000 plus. The trade will enable us to purchase two (2) new Smithco Super Rakes for the ball diamonds. A new Super Rake will cost approximately $10,000 each. Mr. Fahey moved: That the communication from the Acting Commissioner of Parks dated July 8, 1992 be received and filed; and That the Acting Commissioner of Parks be and hereby is authorized to trade-in the following pieces of equipment toward the purchase of two new Smithco Super Rakes: PK7803 - 1978 Jacobsen F10 PK8101 - 1981 Jacobsen F10 PK705 - 1967 Ford Tractor PK706 - 1967 Ford Tractor PASSED. AYES- 13 NOES- 0. FROM THE CORPORATION COUNSEL No. 61 Deed Bennett Beach Back to County of Erie Item No. 159, C.C.P., June 23, 1992 The above referenced resolution requests the Law Department to prepare all necessary legal documents to effect a transfer of titled to Bennett Beach to the County of Erie for exclusive use as a public beach. Please be advised that the City of Buffalo does not have authority to transfer title in such a manner without a special act of the State Legislature. In addition, Your Honorable Body has not established what consideration would be given to the City in exchange for such a transfer. Either a cash payment (you may note that the assessed valuation in excess of $900,000) or other valuable consideration has traditionally been contemplated in these types of transfers. Please advise if you wish me to prepare a draft of the state legislation. RECEIVED AND FILED. No. 62 Easement to County of Erie to Gain Access to Pumping Station Enclosed herein please find the proposed Easement submitted on behalf of the County of Erie to gain and obtain access to the Erie County Sewer District No. 2. A description of the thirty (30) foot wide Easement is fully detailed in a map and legal description of the Easement attached, herein. The Office of Corporation Counsel is herein submitting the Easement for your approval. Mr. Fahey moved: That the communication from the Corporation Counsel dated July 16, 1992, be received and filed; and That the easement to the County of Erie allowing access to the pumping station, Erie County Sewer District No. 2, as contained in the above communication be and hereby is approved; and That the Mayor is hereby authorized to execute said easement. PASSED. AYES- 13 NOES- 0. No. 63 Ord. Amend. - Ch. 166 (387) - Signs Item # 126, C.C.P., March 3, 1992 Ord. Amend - Ch. 133 - Maint. Outdoor Advertis Item # 163, C.C.P., March 3, 1992 Ord. Amend. - Ch. 511 Non-acc. signs Item # 168, C.C.P., March 3, 1992 We are reviewing the law and factual background in connection with the referenced matters and we will report to you the results of our review as soon as possible. RECEIVED AND FILED. No. 64 Buffalo Village Associates Refund of Excess -Property Taxes On February 24, 1975 a contract was executed by the City of Buffalo and Buffalo Village Associates limiting real property tax liability as to certain parcels of real estate pursuant to the authority of and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Finance Housing Law. This contract places a real property ceiling of $32,400 per year as to City and County taxes, and exempts the real property from any further similar tax for forty (40) years, beginning April 5, 1974. Consequently, If in any one fiscal year the combined City and County real property tax shall exceed $32,400, the taxpayer shall be entitled to a refund of the excess. The parcels subject to the contract are: 76 Johnson Park 111 Prospect Avenue 186-190 Carolina Street 222 Carolina Street 209-211 Carolina Street 269-273 Georgia Street 66 Whitney Place 59 Whitney Place 35-37 Whitney Place The present application covers the following fiscal years: 1991-92, 1990-91, 1989-90, and 1988-89. The city refund owed is as follows: 1991-92 City tax $44,274.62 1992 County tax 13,896.11 Total tax paid $58,170.73 Less combined ceiling 32,400.00 Tax Overpaid $25,770.73 City's share for 1991-92 = .761115 x $25,770.73 = $19,614.49 1990-91 City tax $39,035.00 1991 County tax 13,618.98 Total tax paid $52,653.98 Less combined ceiling 32,400.00 Tax Overpaid $20,253.98 City's share for 1990-91 = .741349 x $20,253.98 = $15,015.28 1989-90 City tax $35,486.66 1990 County tax 13,042.50 Total tax paid $48,529. 16 Less combined ceiling 32,400.00 Tax Overpaid $16,129.16 City's share for 1989-90 = .731244 x $16,129.16 = $11,794.35 1988-89 City tax $34,682.20 1989 County tax 11,789.30 Total tax paid $46,471.50 Less combined ceiling 32,400.00 Tax Overpaid $14,071.50 City's share for 1988-89 = .746311 x $14,071.50 = $10,501.72 Less refund paid $5,072.84 $ 5,428.88 Total refunds owed taxpayer: 1991-92 $19,614.49 1990-91 15,015.28 1989-90 11,794.35 1988-89 5,428.88 $51,853.00 The taxpayer requests a refund of $51,853.00. Attached please find an approving motion for your consideration in this matter. Mr. Fahey moved: That the communication from the Corporation Counsel dated July 15, 1992, be received and filed; and That the Comptroller be, and hereby Is authorized and directed to draw a check on the appropriate account in the sum of $51,853.00 plus appropriate lawful Interest, If any, payable to Belmont Management Co., Inc. as agent for Buffalo Village Associates, representing city share of excess taxes paid for fiscal years 1988-89, 1989-90, 1990-91 and 1991-92 relating to properties at 76 Johnson Park, 111 Prospect Avenue, 186-190 Carolina Street, 222 Carolina Street, 209-211 Carolina Street, 269-273 Georgia Street, 66 Whitney Place, 59 Whitney Place and 35-37 Whitney Place, pursuant to contract. PASSED. AYES- 13 NOES- 0. No. 65 Tax Forgiveness for 1041 and 1047 Grant Street This Department has been asked to comment on the proposed forgiveness of real property taxes on 1041 and 1047 Grant Street. It is claimed that this property was used for charitable purposes during the tax years 1988-89, 1989-90 and 1990-91. The resolution in question purports to cancel, vacate and forgive outstanding taxes for these years. The Common Council is without authority to forgive the taxes in question. Tax exemption procedures are governed by the Real Property Tax Law, which includes no provision or authority for the local legislative body to take the action contemplated in this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 Buffalo Water System Transfer, Financial and Operation I herewith deliver to you the proposed agreements providing for the acquisition of the City's water system by the Buffalo Water Board, financing of such acquisition and capital improvements by the Buffalo Municipal Water Finance Authority and operation of the water system by the City of Buffalo. In addition, I am providing you an Environmental Assessment Form completed by the Buffalo Water Board for this Type I Action. The documents have been prepared by the law firms of Hawkins, Delafield & Wood and Hodgson, Russ, Andrews, Woods and Goodyear and this office in conformance with the provisions of Sections 1048 and 1049 of the Public Authorities Law establishing the Board and the Authority and with the advice and input from the Board, the Authority and the Departments of Audit and Control, Public Works, Community Development (Division of Planning) and Administration and Finance. It is respectfully requested that Your Honorable Body carefully consider these agreements and approve them no later than September 15, 1992. I have prepared a resolution providing for such approval and have transmitted it herewith. Further, I have prepared for your consideration a resolution Initiating the SEQRA process for this action and establishing a public hearing on this matter as required by the Public Authorities Law. Your Immediate action is requested on this resolution. I will be available at your July 21, 1992 meeting to address any questions you may have regarding this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 67 Request Report on Operation of City Parking Ramps and Surface Lots Item No. 193, C.C.P. July 7, 1992 Per the request contained in the referenced Item, please find attached Consolidated Lease Agreement between The City of Buffalo and Buffalo Civic Auto Ramp, Inc. (dated July 1, 1989) and First Amendment to Restated Consolidated Lease Agreement (dated March 1, 1990). REFERRED TO THE COMMITTEE ON LEGISLATION. No. 68 95 and 121 Humboldt Parkway Medaille College Item No. 210, C.C.P., April 14, 1992 The above item was referred to the Zoning Board of Appeals, the Department of Inspections and Community Revitalization and to this office. The item concerns the purchase of the subject properties by Medaille College and the use of the properties as student "residence facilities". The item requests a legal opinion on whether a zoning variance is required for such use. Based upon an inspection report, dated April 23, 1992, it appears that the subject properties are single-family dwellings and are located in an "R-2" district. Ten (10) women students are residing in one of the dwellings and nine (9) students are proposed to be housed in the other. Permits for renovation of one of the properties are needed, but it appears that both properties comply with state and local building code requirements for the number of actual or proposed residents. The authority to determine whether a zoning variance is required in a particular case Is vested in the Commissioner of Public Works. As a legal matter, his interpretation of the Zoning Ordinance will be upheld if it Is reasonable. In the case at hand, based on the limited facts which have been presented us, a determination that no variance Is required would not be unreasonable. This is based on the following: - The properties are located in an "R-2" District. Permitted uses in the "R-2" District include college dormitories. Based on the known facts, the house is not a rooming or boarding house, hotel, lodging house, apartment or hotel fraternity or sorority house as those uses are defined in the Zoning Ordinance. - The residents of the properties could be seen as a "family" within the meaning of the Zoning Ordinance: that Is, they are unrelated persons sharing a dwelling and maintaining a common household. As is well-settled in law, it is unconstitutional and unlawful to restrict the number of residents of a dwelling based solely on the fact that they are unrelated. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 69 Number of Deputy Commissioners of Fire An opinion has been requested of the Law Department as to a change in the Charter regarding Section 252, Deputy Commissioners of Fire. This section presently calls for the appointment of four deputy commissioners of fire. The Council, may if it so desires, pass a local law changing that number to two deputy commissioners. Such a local law would be subject to mandatory referendum under Municipal Home Rule Law Section 23 (2) (f). This section states that a local law is subject to a mandatory referendum if it "abolishes, transfers or curtails any power of an elective officer." The reduction in number of deputies from four to two can be interpreted as a curtailment of the power of the Mayor, as Chief Executive, even though the appointments are made by the Fire Commissioner. The same goal can be accomplished without the time and expense of referendum by changing Section 252 of the Charter to require "at least two and no more than four" deputies. This change leaves the executive power undiminished and therefore is not subject to referendum. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 70 Change Order No. 2 Moffett Heating Corp. Schiller Park Senior Center New Addition - 2057 Genesee St. 1. Provide labor and material to install backdraft dampers not installed under original contract. Existing condition. $663.21 2. Provide labor and material to install diffuser, return register, and duct for additional office. 584.00 3. Provide material to change fin radiation cover to 7" height to fit under window. 1,769.10 4. Provide labor and material to repair existing circulating pumps for the existing boiler system 1,127.64 Credit for omitted duct insulation in heated mechanical room. -25.00 Total Cost: $ 302.64 Grand Total: 3,318.95 The original contract amount was $133,400. The new contract amount including this change order and change order No. 1 is $137,362.95. Funds for this work are available in Bond Fund Accounts 200-717-059 and 200-717 -066. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated July 17, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order # 2 to Moffett Heating Corp., changes resulting in a net increase in the amount of $3,318.95, as more fully described in the above communication, for additional work relating to Schiller Park Senior Center - New Addition - 2057 Genesee Street, Buffalo, New York. Funds to be charged against the Bond Accounts 200-717-059 and 200-717-066. PASSED. AYES- 13 NOES- 0. No. 71 Change order No. 2 C.V.M. Electric Schiller Park Senior Center Addition 2057 Genesee 1. Labor and material to provide wiremold relocation at new sliding glass door installation - field condition. Wiremold was installed after original construction of building. TOTAL COST $118.00 2. Labor and material to provide conduit relocation (existing fire alarm system). Conduit above existing ceiling had to be relocated to provide for new exhaust fan duct. TOTAL COST $144.33 3. Labor and material to relocate existing kiln to old Mechanical Room from temporary location during construction. COST $ 80.00 Labor and material to provide circuit splitting and consolidation of existing panels. Existing panels are not sized as per original building documents. Field condition to alter new design to existing panels. COST $ 41.00 Provide labor and material to reroute and reattach existing conduit previously installed as code violation to ductwork to be removed. COST $587.00 TOTAL COST $708.00 4. Labor and material to provide additional individual circuit for Kitchenette. Extra to design documents TOTAL COST $280.83 5. Labor and material to repair and replace existing fire alarm system and components. Existing condition; existing fire alarm system was found to be inoperative at start of project. TOTAL COST $1296.88 6. Labor and material to provide HW tank recirculation pump as per code requirement. Existing system was not recirculatory type and additional circuit breakers for existing equipment. Existing equipment is 3-phase not single phase as per contract documents; existing conditions. TOTAL COST $544.64 7. Provide labor and material to relocate existing electrical conduit above ceiling to provide for installation of new ductwork by HVAC Contractor. Existing hidden condition. TOTAL COST $114.00 8. Provide labor and material for emergency telephone repair. TOTAL COST $184.53 9. Provide labor and material for alternate light fixture upgrade. TOTAL COST $327.50 GRAND TOTAL $3719.51 The original contract amount was $77,990.00. The new contract amount including this change order is $89,865.40. Funds are available in Bond Fund Account 200-717-059 and 066. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated July 16, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order #2 to C.V.M. Electric, changes resulting in a net increase in the amount of $3,719.51, as more fully described in the above communication, for additional work relating to Schiller Park Senior Center - New Addition - 2057 Genesee Street, Buffalo, New York. Funds to be charged against the Bond Accounts 200-717-059 and 200-717-066. PASSED. AYES- 13 NOES- 0. No. 72 Division of Development Construction Projects I respectfully request permission to prepare plans and specifications and receive bids for the construction of and improvements to the following projects: Roosevelt Park 200-717-054 $ 50,000 Polish Community Center Parking 200-717-057 20,000 Ellicott District Sidewalks 200-717-097 20,000 South & North Dist. R.O.W. Imp. 200-717-003 300,000 Gus Franczyk Park 200-717-005 35,000 Lincoln Playground 200-717-005 50,000 City Wide Tree Planting 200-717-010 100,000 Lovejoy District Parks 200-717-017 150,000 Masten District Playground Imp. 200-717-021 300,000 McCarthy Park 200-717-023 50,000 Kenfield-Langfield-Tower Playground 200-717-023 50,000 Arlington Park 200-717-022 150,000 Johnson Park 200-717-025 20,000 Johnson Playground 200-717-025 50,000 Towpath Park 200-717-058 54,000 Fillmore District Playgrounds 200-601-034 120,000 I also request permission to hire architectural/engineering consultants to prepare plans and specifications and to receive bids for the construction of and improvements to the following projects: Delaware Park Jogging Path 200-717-050 $200,000 Scajaquada Pathway Phase II 200-717-004 346,000 Cazenovia Casino & Park 200-717-005 150,000 Lovejoy District Buildings 200-717-016 150,000 William-Emslie 200-717-025 50,000 Shakespeare Stage- Delaware Park 200-717-030 300,000 Kingsley Playground 250,000 Broadway-Fillmore Improvements 200,000 Broderick Park Improvements 200-601-040 150,000 Funds for all the above projects will be available in the Capital Projects accounts as specified. That the communication from the Commissioner of Community Development dated July 14, 1992 be received and filed; and That the Commissioner of Community Development be and hereby is authorized to prepare plans and specification and receive bids for the construction of improvements to the following projects: Roosevelt Park 200-717-054 $50,000 Polish Community Center Parking 200-717-057 20,000 Ellicott District Sidewalks 200-717-097 20, 000 South & North Dis. R.O.W. Imp. 200-717-003 300,000 Gus Franczyk Park 200-717-005 35,000 Lincoln Playground 200-717-005 50,000 City Wide Tree Planting 200-717-010 100,000 Lovejoy District Parks 200-717-017 150,000 Masten District Playground Imp. 200-717-021 300,000 McCarthy Park 200-717-023 50,000 Kenfield-Langfield-Tower Playground 200-717-023 50,000 Arlington Park 200-717-022 150,000 Johnson Park 200-717-025 20,000 Johnson Playground 200-717-025 50,000 Towpath Park 200-717-058 54,000 Fillmore District Playgrounds 200-601-034 120,000 That the Commissioner of Community Development, be and hereby is authorized to hire architectural engineering consultants to prepare plans and specifications and to receive bids for the construction of and improvements to the following projects: Delaware Park Jogging Path 200-717-050 $200,000 Scajaquada Pathway Phase II 200-717-004 346,000 Cazenovia Casino & Park 200-717-005 150,000 Lovejoy District Buildings 200-717-016 150,000 William-Emslie 200-717-025 50,000 Shakespeare Stage- Delaware Park 200-717-030 300,000 Kingsley Playground 250,000 Broadway-Fillmore Improvements 200,000 Broderick Park Improvements 200-601-040 150,000 Funds for the above projects will be available in the Capital Projects accounts as specified. PASSED. AYES- 13 NOES- 0. No. 73 Certificate of Appointment Appointment to become effective July 1, 1992 in the Department of Community Development, Division of Planning, Thomas W. Marchese, 17 Gold Street, Buffalo 14206 to the position of Sr. Planning (Historic Preservation) permanent at the starting salary of $31,054.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF STREETS No. 74 Removal of Stone 119 LaSalle Item # 22, C.C.P. July 7, 1992 An inspection of this 5 acre parcel was made by myself and Deputy Commissioner Bill Comello. The work in question is beyond our capabilities. The accumulation of stone/concrete and other debris was the result of work performed on the Rapid Transit. Major highway equipment would be necessary for removal of this material and even with this equipment it would take months to clear this parcel, not to mention the cost. REFERRED TO THE COMMITTEE ON FINANCE. No. 75 Certificate of Appointment Appointment to become effective July 1, 1992 in the Department of Street Sanitation, Michael W. Schmitt, Parwood Dr., Cheektowaga, NY 14227 to the position of Laborer II (Hrly), temporary, at the starting salary of $10.26/hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 76 Certificate of Appointment Appointment to become effective July 1, 1992 in the Department of Street Sanitation, Andrew J. Kleinfelder, 54 Juniata Place, Buffalo N.Y. 14210 to the position of Sanitation Worker, Temporary at the starting salary of $21,875.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 77 Certificate of Appointment Appointment to become effective July 1, 1992 in the Department of Street Sanitation, John J. Rigby, 23 Payne Street, Buffalo NY 14220 to the position of Equipment Operator, Temporary at the starting salary of $22,208.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 78 Report of Emergency Demolition Bids for 297 and 299 Virginia Street Due to the very serious and hazardous condition of the fire-damaged buildings located at 297 and 299 Virginia Street, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid the properties for immediate emergency demolition. Inspections were also conducted by this department and it was determined that action was necessary due to (l) the Structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 23, 1992 and that the contract will be awarded to the following responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 297 Virginia Street Felix & Marguerite Paone Maplewood Construction 194 Vermont Street $5,800.00 Buffalo, New York 299 Virginia Street Maplewood Construction Felix & Marguerite Paone $5,000.00 194 Vermont Street Buffalo, New York Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund # 500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated July 2, 1992, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Maplewood Construction at a cost of $5,800 each property, relating to 297 and 299 Virginia Street be, and the same hereby is confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000 and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter XI Article VII, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 79 Report of Emergency Demolitions Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 8, 1992 The contracts were awarded to the following lowest bidders: ADDRESS AND OWNER CONTRACTOR/ AMOUNT OF BID 295-97 Jefferson Integrated Waste Specialists James Hamel $8875.00 297 Jefferson - Bflo, NY 864 Jefferson Maplewood Otis Fancher $3450.00 25 Verdi Walk - Bflo, NY 866 Jefferson Maplewood Frank Anthony Nelson $3400.00 866 Jefferson - Bflo, NY 1063 Ellicott Mainline Contracting Ray Williams $6400.00 156 Locust - Bflo, NY Please be further advised that the demolition contractor will arrange for the sewer and water termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund # 500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated July 16, 1992, be received and filed; and That the award by the Commissioner of Inspect ions and Community Revitalization of an emergency demolition contract to Maplewood Construction at a cost of $3,450 relating to 864 Jefferson Avenue; Maplewood Construction at a cost of $3,400 relating to 866 Jefferson Avenue; to Integrated Waste Specialists at a cost of $8,875 relating to 295-97 Jefferson Avenue and to Mainline Contracting at a cost of $6,400 relating to 1063 Ellicott Street be, and the same hereby is confirmed, ratified and approved, with said costs to be charged against Special Assessment Fund 500-000-002-00000 and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter XI, Article VII, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 80 Report of Emergency Demolitions Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on . The contracts were awarded to the following lowest bidders: ADDRESS AND OWNER CONTRACTOR/ AMOUNT OF BID 70 Watson Maplewood William Peterson $3865.00 2311 Fillmore Buffalo, New York Please be further advised that the demolition contractor will arrange for the sewer and water termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund # 500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated July 16, 1992, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Maplewood Construction at a cost of $3,865, relating to 70 Watson Street be, and the same hereby is confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000 and that said cost shall be collected against the owner or person in possession of the premised and/or shall be assessed against the property benefitted, in accordance with Chapter XI, Article VII, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 81 Report of Emergency Demolition We are requesting approval by your Honorable Body regarding removal of concrete and grading for the building located at 88 Holt in the amount of $5500.00 which was not addressed at the time of the June 14, 1992 bid opening. The contractor who was the low bidder was Mainline Contracting, bid price was $32,600.00. The additional $5500.00 will bring the total project cost to $38,100.00. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Commissioner of Inspections and Community Revitalization dated July 16, 1992, be received and filed; and That the Commissioner of Inspections and Community Revitalization be and hereby is authorized to add the amount of $5,500 to the emergency demolition contract for 88 Holt Street awarded to Mainline Contracting, the addition being for removal of concrete and grading, bringing the total project cost to $38 , 100. The award of this contract is hereby confirmed, ratified and approved with said costs to be charged to the Special Assessment Fund # 500-000-002-00000, and said cost shall be assessed against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 82 HOME PROGRAM FUNDS The U.S. Dept. of Housing and Urban Development has approved the City of Buffalo funding request for $5,084,000 under the HOME program. We are in the process of training staff and C.B.O.'s on the various program components. It is anticipated that the programs described in the attached will become operational over the next several weeks. It is also anticipated that HOME will be continued for the next several years therefore, we have to now implement our design and incorporate HOME into our year-in/year-out program operations. The only area of our HOME program design which we will not undertake right away via HOME is new construction. We have an application pending with New York State D.H.C.R. for a Housing Trust Fund New Construction project that will roughly duplicate the new construction component of HOME. If our funding request is successful with New York State, we will be able to re-program HOME new construction funding over to one or more of the other HOME activities which H.U.D. has approved. If you have any questions or concerns regarding HOME, please contact either J. Gary Rogers at ext. 4970 or myself at ext. 4913. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 83 PERMISSION TO ACCEPT CDBG FUND TRANSFER SAINT COLUMBA'S SQUARE NEW HOUSING The undersigned hereby requests your Honorable Body's approval of the following fund transfer in the amount of $200,000: from - CDBG Account 90-40100 to - Capital Projects Account 200-717-038 - Infrastructure Improvements to St. Columba's Square On March 31, 1992 (Item # 201), your Honorable Body approved a Bond Resolution in the amount of $500,000 for infrastructure improvements to the parcel bounded by Hickory, South Division and Spring Streets, i.e., in conjunction with the proposed construction of some 40 units of subsidized new housing which will be constructed on the site, and for which State Affordable Housing Corporation grant funds have been secured. The project is central to new housing activity and redevelopment which has been accomplished within adjacent areas and will benefit low- to moderate income buyers by way of purchase subsidies which will be made available at closing. In order to expedite project start while weather permits, we would like to begin installation of sewer taps and related site work, and the transfer will facilitate approval of an interfund loan for this purpose until it is possible to sell the related general improvement serial bonds, i.e., with the understanding that the affected CDBG accounts will be reimbursed upon sale of the bonds. Mr. Fahey moved: That the communication from the Commissioner of Inspections and Community Revitalization, dated July 16, 1992, be received and filed; and That the transfer of funds from CDBG Account 90-40100 to Capital Projects Account 200-717-038 - Infrastructure Improvements to St. Columba's Square be, and hereby is, approved. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 84 Conversion of Parking Meter to New Rates This is to inform you that the Division of Parking Enforcement has begun the task of converting the parking meter rates from $.25 per hour to $.50 per hour as approved by Your Honorable Body. The decision to proceed was based on the communication I received from Councilmember Zuchlewski that he was withdrawing legislation to establish a three tiered parking meter system and the need to meet the revenue projections included in the 1992-93 budget. As of July 10, 1992 five hundred thirty three meters in the downtown area have been changed. The Parking Enforcement staff will work on the balance of the City's approximately 4,000 meters as soon as the appropriate parts are available. Work is expected to be completed by the end of August. RECEIVED AND FILED. No. 85 Water Payment Schedule Item # 195, C.C.P. July 7, 1992 The above referenced item has been referred to this office for comment and/or recommendation. It is a resolution which requests the new Water Board to target a cap on water arrears which, when reached, would trigger a negotiated payment schedule with the customer. It also proposes the use of a customer service department to serve the diverse needs to all Buffalo water customers. The resolution suggests that this would be a new policy which would provide more equitable treatment to the rate payers. However, I am informed that this is the procedure currently being used. When payments are in arrears, a customer is given the opportunity to negotiate a payment schedule before the water department to its last resort of a service shutoff. Of course, the department is responsible for maintaining a balanced budget and is obligated to charge interest on late payments. The collections office now serves as a customer service department. The Council sent a clear message that it did not want to see the new Water Authority used as a way to expand water department personnel so I assume the sponsor is not proposing a larger customer service department than currently exists. The water department intends to continue its practice of maximizing its collection efforts while giving all due consideration to its rate payers. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 86 Waiver of Requirement for Performance Bond for The Bulb Man, Inc. for Purchase of Fluorescent & Incandescent Lamps for the City of Buffalo, Agencies Authorities Bids were opened on Thursday, June 18, 1992, for fluorescent and incandescent lamps. The Bulb Man, Inc. 320 Grote, Buffalo, New York 14207, was the lowest responsible bidder. I am requesting permission to waive the requirement of a performance bond, since the owner, Robert Mangano, has informed that the cost of a bond has escalated, and is too expensive for him to buy. We have regularly purchased light bulbs from this vendor and find them reliable. Mr. Fahey moved: That the communication from the Commissioner of General Services dated July 15, 1992 be received and filed; and That the Commissioner of General Services be, and hereby is authorized to waive the requirement for a performance bond for the Bulb Man, Inc., 320 Grote Street, lowest responsible bidder for fluorescent and incandescent lamps. PASSED. AYES- BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- AMOS, ARTHUR, COLLINS, PITTS- 4. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No. 87 Request Placement of Edward M. Cotter Crew on Preferred Civil Service List Res. # 125, C.C.P. 6/23/92 At a meeting held on July l, 1992 the Commission considered your communication of June 24, 1992 relative to the Common Council's request for placement of the Edward M. Cotter crew on preferred civil service eligible lists. Be advised that Section 81 of the Civil Service Law provides that employees who have been laid off from permanent competitive positions shall have their names placed on preferred eligible lists. Said lists will be used for filling vacancies for the same or similar titles in the City of Buffalo, Buffalo Municipal Housing Authority, Buffalo Sewer Authority and Board of Education. I trust this satisfies your inquiry. If you have any questions in this regard, please contact me. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO SEWER AUTHORITY No. 88 B. Easley - Complaints Conditions LaSalle Park Item # 77, C.C.P. June 9, 1992 The referenced item was sent to the Legislation Committee and to this Authority for a response. The work being done at LaSalle Park is not in any way related to the Buffalo Sewer Authority. The construction work being done there is under a contract issued by the City of Buffalo Water Division. The lack of facilities at the park is, likewise, not under the control of the Authority. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 89 B. Easley - Complaints Conditions LaSalle Park A report was received from our Director of Sewer Maintenance relative to above subject matter. His investigation revealed the blocking of the road was necessitated because of a City of Buffalo Water Department project. The lack of facilities at the Park is in no way Buffalo Sewer authority related. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 90 Notice of Hearing Renaming Portion of Old Bailey Avenue, West of Bailey, North of the Thruway Crossover and North of Seneca as "Buffalo China Road" (Item No. 73, June 23, 1992) I hereby inform you that a public hearing has been scheduled on the above matter. This hearing is to be held before the Common Council at its regular meeting of July 21, 1992, at 2:00 P.M., in the Council Chamber. The notice of hearing was properly published, on July 10th and July 17th in the Buffalo News, and a copy of said publications are attached hereto. RECEIVED AND FILED. No. 91 Take from Table Renaming Portion of Bailey Avenue north of Seneca Street "Buffalo China Road" (Com. 73, C.C.P., June 23, 1992) Mr. Fahey moved that the above Item (No. 73, C.C.P., June 23, 1992), which is the subject of a hearing scheduled for this day before the Common Council, is hereby taken from the table, and is now before the Common Council for its consideration. Seconded by Mr. Bell ADOPTED. No. 92 Hearing Renaming Portion of Bailey Avenue north of Seneca Street "Buffalo China Road" (Com. 73, C.C.P., June 23, 1992) Mr. Fahey moved that the above item is properly before the Common Council and the hearing be opened. Appearances -- In favor- Mr. Steven MacIntosh Gen Mgr. Bflo. China Opposed- None Mr. Fahey moved that the hearing be closed. CARRIED. Mr. Fahey now moved that the name of a portion of Old Bailey Avenue known as the "Access Road", West of Bailey Avenue, North of the Thruway Crossover and North of Seneca Street be changed to "Buffalo China Road", and the City Clerk is directed to send notifications of said change pursuant to Section 286-5 of the Ordinances. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 93 Pesticide Ordinance Review (Item # 203, C.C.P., July 7, 1992) You have asked this office to review the proposed pesticide ordinance. Attached for your review is what we think would entail to enact such an ordinance: Page 1-Timetables Page 2-6- Sample - Application If the Council were to adopt this ordinance, we would need an additional full time position to comply with just the filing requirements. REFERRED TO THE COMMITTEE ON LEGISLATION, ENVIRONMENTAL MANAGEMENT COMMISSION AND THE PEST MANAGEMENT BOARD. No. 94 Request for Financial Commission Minutes Attached please find copies of letters sent to Charles Mitschow and Robert Wilmers requesting that the minutes of the Buffalo Financial Plan Commission be filed with the Common Council. RECEIVED AND FILED. No. 95 REQUEST RONCO BE DROPPED FROM BID LIST FOR CHAMBER ASSISTIVE LISTENING DEVICE As you know, we have been working with mwmbers of the hearing-impaired community on the installation of an Assistive Listening Device (ALD) in the Common Council Chamber. You informed us that Ronco Communications, Inc., was the lowest bidder for the job, so Ronco is the vendor we have been dealing with. Ronco demonstrated a "Telex" FM sound system on July 10th. We had informed them beforehand to bring at least 10-15 receivers so that everyone who attended would be able to participate. The representative from Ronco brought only three. This angered those members of the hearing-impaired community who had, on short notice, taken time out of their busy schedules to attend the demonstration. We then arranged for a demonstration of an "Audio Induction Loop" system which took place on July 17th. Again, Ronco was told to provide enough equipment to allow everyone who attended to participate and again they failed to do so. This resulted in another ineffective demonstration and further angered our hearing-impaired constituents. In light of Ronco's failure, on two occasions, to provide the type of demonstration they were told and expected to provide, I would recommend that they be dropped from consideration. RECEIVED AND FILED. No. 96 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. Public Works Water REFERRED TO THE COMMITTEE ON LEGISLATION. No. 97 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: Public Works- Paula J. Scanlon RECEIVED AND FILED. No. 98 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 33 Virginia PI. Mark R. Supples RECEIVED AND FILED. No. 99 Leaves of Absences Without Pay I transmit herewith communications received by me, reporting the granting of leaves of absences without pay, in the various departments as listed: Comptroller- William McDaniel Fire- Cheryl A. Kane Administration and Finance- Margaret Malkinski RECEIVED AND FILED. No. 100 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 Civil Service Commission Municipal Housing Authority RECEIVED AND FILED. No. 101 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 July 2, 1992 in the Department of Common Council, Division of City Clerk to the position of Intern II, Seasonal at the starting salary of $ 4.25/hr. Joseph Baran, 64 Vernon Pl., Buffalo 14214 Gretchen Gerstle, 210 Starin Ave., Buffalo 14214 Julie Rich, 27 Norwalk Ave., Buffalo 14216 Julelah Fuller, 68 Parker, Buffalo 14214 Amy Weymouth, 230 Taunton Pl., Buffalo 14216 Karen Smith, 388 Crescent, Buffalo ,NY 14214 Kelly Leone, 146 Frontenac, Buffalo 14216 Mary Elizabeth Remollino, 112 Fairfield, Buffalo 14214 Appointment to become effective July 6, 1992 in the Department of Common Council, Division of City Clerk, to the position of Intern II, Seasonal, at the starting salary of $4.25/hr. Nikki T. Thomas, 498 Woodlawn, Buffalo 14208 Ronnie Mangum, 210 Woodlawn, Buffalo 14208 Jorge I. Ortiz, 407 Dartmouth, Buffalo 14215 Pedro Salas, 161 Rebecca Pk., Buffalo 14207 Tracy E. Singletary III, 28 Castle Pl., Buffalo 14214 Stacey M. Tillman, 231 Millicent, Buffalo 14215 Anthonye L. Wilson, 111 Colfax Ave., Buffalo 14215 Kenneth Rankin, 124 East Delavan, Buffalo, 14204 Maria Michaux, 222 Taunton, Buffalo 14216 Frank S. Smith, 87 Beatrice Ave., Buffalo 14207 Jason W. Orlando, 142 Roesch Ave., Buffalo 14207 Clare Hinterberger, 52 Royal Ave., Buffalo 14207 Brian J. Sciortino, 351 Hampshire, Buffalo 14213 Melodie A. McDermott 92 Peter St. Buffalo, 14207 Jesse Wilkinson, 83 Philadelphia, Buffalo 14207 Eugene L. Pohancsek, 91 Albert Ave., Buffalo 14207 Melissa Walton, 181 Coit, Buffalo 14212 Delvina Curry, 69 Courtland, Buffalo 14215 Shatonya Russell, 251 Moselle, Buffalo 14211 Domany Gomes, 24 Stanton, Buffalo 14206 Latisha Dixon, 320 Monroe, Buffalo 14204 Shawn Edinger, 316 Esser Ave., Buffalo 14207 Derrick Humphrey, 215 Maple St., Buffalo 14204 James Pugh, 37 Easton Ave., Buffalo 14215 Felix McGhee, Jr., 4325 Dartmouth, Buffalo, 14215 Kenny Denning, 281 Sumner Pl, Buffalo 14209 Hassan Bass, 138 E. Utica St., Buffalo 14209 Kareem Allen, 139 Wende, Buffalo 14211 Tequita Johnson, 151 Johnson St., Buffalo 14211 Kevin Weigel, 530 Linwood, Buffalo 14209 Erica Whol, 41 Ketchum Pl., Buffalo 14213 Tiamika Smith, 236 Hempstead, Buffalo 14215 Thomas Vanderlip, 50 Pomona Pl., Buffalo 14210 Steve May, 33 Beatrice, Buffalo 14207 Diana Wood, 12 Phyllis Ave., Buffalo 14215 Claude Hill, 11 Winslow St., Buffalo 14208 Gerald House, 300 Highgate, Buffalo 14215 Christopher Pellici, 394 Potomac Ave., Buffalo 14213 Chris Fahey, 46 Juniata Pl., Buffalo 14210 Patrick Coleman, 500 Normal, Buffalo 14213 Bethany McClam, 408 Dewey Ave., Buffalo 14214 Michele Conrad, 128 Harding Rd., Buffalo 14220 Carol Smith, 186 Elk Street, Buffalo, NY 14210 Scott Kaelin, 247 Keystone, Buffalo, 14211 Stacey Horn, 211 Larkin St., Buffalo, 14210 Danielle Rodriguez, 1282 Seneca St., Buffalo, 14210 Sharon Meredith, 86 Troupe St., Buffalo, 14210 Diane Lemanski, 126 Peabody St., Buffalo, 14210 Rebecca Rucinski, 30 Zelmer, Buffalo, 14211 Robert White, 412 Gold St., Buffalo, 14206 Jason Miller, 42 Dundee, Buffalo 14220 Dan Curran, 56 Crystal, Buffalo 14220 Daniel Bonner, 404 Marilla St., Buffalo 14220 Corey Gorden, 112 Folger, Buffalo 14220 Dan Shinners, 45 Merdien, Buffalo, NY 14220 Shawn Summers, 33 Buffum, Buffalo 14210 Deanna Siracuse, 835 Tifft St., Buffalo 14220 Paul Crowley, 40 Portland, Buffalo 14220 Jeff Norsen, 32 Tamarack, Buffalo, NY 14220 Craig Katilus, 61 Oakhurst, Buffalo 14220 Daria Franczyk, 145 St. James Pl., Buffalo 14222 Dyena Rashada, 79 Bissell, Buffalo 14211 Chuki Ayers, 324 Jewett, Buffalo 14214 Gregory G Burke, 184 Goulding Ave., Buffalo 14208 Douglas Croom, 63 Girard Pl., Buffalo. 14211 Lauren Davis, 170 Davidson Ave., Buffalo 14215 Shaquinna Ferguson, 133 Detroit, Buffalo 14206 Dorian Forbes, 560 Riley, Buffalo 14208 Alexia Givens, 867 Parkside Ave., Buffalo 14216 Miguel Hernandez, 191 Roslyn, Buffalo 14215 Rashida Holmes, 267 Highgate Ave., Buffalo 14215 Anthony Mahiques, 108 Rosedale St., Buffalo 14207 Henry Nance II, 162 N. Parade, Buffalo. 14211 Demetrius Robinson, 534 E. Ferry. Buffalo 14208 Kidada Wilson, 560 Riley, Buffalo 14208 Marcial Acosta, 23 Olga, Buffalo 14206 David Dalfonse, 17 Groveland, Buffalo 14214 Lynn Gannon, 299 Cumberland, Buffalo 14220 Jesse Mendyk, 495 Berkshire, Buffalo 14215 Herlinda Ortiz, 335 LaSalle, Buffalo 14215 Kristin Porter, 34 Campbell Ave., Buffalo 14216 Angelo Vacanti, 414 Parker, Buffalo 14216 Kai Redmond, 187 East Delavan Ave., Buffalo 14208 Haleema A. Halim, 92 Ericson Ave., Buffalo 14215 Janene Jackson, 26 Proctor, Buffalo 14215 Michelle Richardson, 81 Parkridge Ave., Buffalo 14215 Izetta Williams, 546 Suffolk Ave., Buffalo 14215 Charlise Coleman, 361 Guilford St., Buffalo 14211 Luis Santos, 109 Jasper Parish, Buffalo 14207 Abdul L. Halim, 92 Ericson Ave., Buffalo 14215 Takenya Allison, 19 Schauf Ave., Buffalo 14211 Tashiba Fanning, 201 East Amherst, Buffalo 14214 Deborah Soffin, 35 Hecla St., Buffalo 14216 Arlethia Haygood, 180 Niagara Apt 301, Buffalo 14201 Anthony Rantin, 83 Dunlop Ave., Buffalo 14215 Sharonda Woods, 143 Longview, Buffalo 14211 Melinda Rucker, 87 Parkridge Ave., Buffalo 14215 James Debose, 63 Cornwall Ave., Buffalo 14215 Calvin Baxter, II, 144 Huntley Road, Buffalo 14215 Erika Brown, 506 Linwood Ave., Buffalo 14209 Carol Sheppard, 104 Langfield Drive, Buffalo 14215 Tamika Liggans, 227 Stockbridge Ave., Buffalo 14215 Robyn Raspberry, 398 Cambridge Ave., Buffalo 14215 Appointment to become effective July 8, 1992 in the Department of Common Council, Division of City Clerk, to the position of Intern II, Seasonal at the starting salary of $4.25/hr. James Jones, 244 Watson, Buffalo, N.Y. 14206 Diana Lash, 18 Durham, Buffalo, N.Y. 14215 Jason Kline, 102 Ullman, Buffalo, N.Y. 14216 Appointment to become effective July 9 , 1992 in the Department of Common Council, Division of City Clerk to the position of Intern II, Seasonal at the starting salary of $ 4.25/hr. Tawyaina Bivens, 91 Wright Ave., Buffalo, N.Y. 14215 Shawna C. Gourdine, 7 Palos St., Buffalo 14215 Appointment to become effective July 10,1992 in the Department of Common Council, Division of City Clerk, to the position of Intern II, Seasonal at the starting salary of $4.25/hr. Jay Goodie, 80 Cochrane St., Buffalo, N.Y. 14206 David M. Wasiura, 107 Rosedale, Buffalo, N.Y. 14207 Katherine A. Chaney, 91 Maryner Homes, Buffalo, N.Y. 14201 Appointment to become effective July 13, 1992 in the Department of Common Council, Division of City Clerk to the position of Intern II, Seasonal at the starting salary of $ 4.25/hr. James E. Turner, 215 Bissell, Buffalo 14211 Sarah L. Palmer, 144 Woodbridge, Buffalo 14214 Dale George, 92 Kentucky, Buffalo 14204 Peter G. Karamanos, 90 Olcott St., Buffalo, 14220 Appointment to become effective July 15, 1992 in the Department of Common Council, Division of City Clerk, to the position of Intern II, Seasonal, at the starting salary of $ 4.25/hr. Akia-Oni Day, 91 Wright Ave., Buffalo 14215 Jerome Dixon, 320 Monroe St., Buffalo, N.Y. 14212 LeeQuisha Jacobs, 236 Clinton St., Buffalo N.Y. 14204 Lashekia Chatman, 57 Mapleridge, Buffalo N.Y. 14215 Alex Mead, 40 Putnam St.. Buffalo N.Y. 14213 Shekuira Feaster, 118 N. Parade, Buffalo, N.Y. 14211 Amina T. Glenn, 197 Dodge St., Buffalo, N.Y. 14209 Charlette Smith, 154 Blaine Ave., Buffalo, N.Y. 14208 Ebony Prince, 331 Dartmouth, Buffalo, N.Y. 14215 Tashika Turner, 16 Grey St.. Buffalo, N.Y. 14212 Kristi Parker, 224 Shirley Ave., Buffalo, N.Y. 14215 Raymonda Reynolds, 201 Ericson Ave., Buffalo N.Y. 14215 Kami Fulgham, 167 Southampton, Buffalo, N.Y. 14208 Crystal Harden, 67 Rickert, Buffalo, N.Y. 14211 Oscar Hood, 95 Mendola St., Buffalo, N.Y., 14215 Ebony Croskery, 222 Hastings, Buffalo, N.Y. 14215 Donalyn Gillette, 81 Fernhill Ave., Buffalo, N.Y. 14215 Crystal Foster, 45 Alma Ave., Buffalo N.Y. 14215 Ellen Collins, 41 Beverly Road, Buffalo, N.Y. 14208 William Washington, 70 Bennett Village Terr., Buffalo 14214 Gary Teague, 306 Landon, Buffalo, N.Y. 14211 Appointment to become effective July 2, 1992 in the Department of Common Council, Division of City Clerk to the position of Intern III, Seasonal at the starting salary of $5.00/hr. Sharrilynn Pugh 32 Tracy St. Buffalo, New York 14201 Appointment to become effective July 6, 1992 in the Department of Common Council, Division of City Clerk, to the Position of Intern III, Seasonal at the starting salary of $5.00/hr. Rob Nichols 1522 Delaware, Buffalo, 14206 Kathy Marino 1175 Bailey Ave. Buffalo, 14206 Appointment to become effective July 7, 1992 in the Department of Common Council, Division of City Clerk, Deana M. LoVallo, 12 Wellington, Buffalo, N.Y. 14216, to the position of Intern III, Seasonal at the starting salary of $5.00/hr. Appointment to become effective: July 2, 1992, in the Department of Common Council, Division of City Clerk, Kimberly Williams, 57 Ruspin Ave., Buffalo, N.Y. 14215, to the position of Intern IV, Seasonal, at the starting salary of $6.00/hr. Appointment to become effective July 8, 1992, in the Department of Common Council, Division of City Clerk, Roscoe Henderson 338 Watson St. Buffalo, New York 14212, to the position of Intern IV, Seasonal at the starting salary of $ 6.00/hr. Appointment to become effective July 15, 1992, in the Department of Common Council, Division of City Clerk, Kelly A. Dargavel 58 Brost Dr., Buffalo, N.Y. 14220 to the position of Intern IV, Seasonal at the starting salary of $6.00/hr. Appointment to become effective July 6, 1992 in the Department of Common Council, Division of City Clerk, Susan M. Malesky 41 Kail St. Buffalo 14207 to the position of Intern V, Seasonal, at the starting salary of $ 7.00/hr. No. 102 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF AUDIT AND CONTROL Appointment to become effective July 2, 1992, in the Department of Audit and Control, Division of Accounting, Claudia M. Zona 58 Cochrane St., Buffalo, N.Y. 14206, to the position of Senior Accountant, Temporary at the starting salary of $28,054. FROM THE DEPARTMENT OF ASSESSMENT Appointment to become effective July 7, 1992 in the Department of Assessment, Ramona L. Draffin 133 Park St., Buffalo, N.Y. 14201, to the position of Clerk, Seasonal at the starting salary of $5.00/hr. Appointment to become effective July 10, 1992 in the Department of Assessment Bridget Baratto 203 Cleveland Avenue Buffalo, NY 14222 to the position of Clerk, Seasonal at the starting salary of $5.00/hr. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective July 6, 1992 in the Department of Public Works, Division of Engineering, Edward Rigby 14 W. Woodside, Buffalo, N.Y. 14220, to the position of Laborer I, Seasonal at the starting salary of $5.98/hr. Appointment to become effective July 8, 1992, in the Department of Public Works, Division of Engineering, David Gardner 51 Royal Buffalo, NY 14207 to the position of Communication Specialist, Permanent, at the starting salary of $22,602. FROM THE DEPARTMENT OF PARKS Appointment to become effective July 1, 1992, in the Department of Parks, Division of Recreation, Antonio Cruz 24 South Johnson Park Buffalo 14201 to the position of Lifeguard, Seasonal, at the starting salary of $5.00/hr. Appointment to become effective July 8, 1992, in the Department of Parks, Division of Recreation, John Rodriquez 20 10th St., Buffalo, 14201 to the position of Lifeguard, Seasonal at the starting salary of $5.00/hr. Appointment to become effective July 9, 1992 in the Department of Parks, Division of Recreation to the position of Lifeguard, Seasonal at the starting salary of $5.00/hr. Lisa Bogdan 72 Tiota Buffalo 14216 Jeffrey Dziedzic 16 Glenn Street Buffalo 14206 Monica Eagan 137 Woodbridge Avenue Buffalo 14214 LaLena Garcia 442 Woodward Buffalo 14214 Richard Hall 50 Rivere Place Buffalo 14214 David Knight III 54 Hewitt Buffalo 14215 Melissa MacDowell 97 Poolsey Buffalo 14213 Alesha Mendola 12 Abbottsford Buffalo, 14213 Appointments to become effective July 10,1992, in the Department of Parks, Division of Recreation to the position of Lifeguard, Seasonal at the starting salary of $5.00/hr. David Rodriguez 3210 Main Street Buffalo 14214 David Allen 139 Grant Street Buffalo 14214 Colleen Mary Lalley 21 Edgewood Buffalo 14220 Appointment to become effective July 7, 1992 in the Department of Parks, Division of Recreation, Herman Eldridge Jr. 870 Richmond Ave., Buffalo 14222 to the position of Supervising Lifeguard, Temporary, at the starting salary of $5.75/hr. Appointment to become effective July 10 1992, in the Department of Parks, Division of Recreation, Julie Hogan 143 Ramona Buffalo, N.Y. 14220 to the position of Supervising Lifeguard, Temporary at the starting salary of $5.75/hr. Appointment to become effective July 15, 1992, in the Department of Parks, Division of Recreation, Laura McKenica 800 Tonawanda Buffalo 14207 to the position of Supervising Lifeguard, Temporary, at the starting salary of $5.75/hr. Appointment to become effective July 15, 1992, in the Department of Parks, Division of Recreation Brian Gould 15 Red Jacket Buffalo 14220 to the position of Laborer II, Seasonal at the starting salary of $6.65/hr. Appointment to become effective July 20, 1992, in the Department of Parks, Division of Recreation Daniel Bohen 156 McKinley Parkway Buffalo 14220 to the position of Laborer II, Seasonal at the starting salary of $6.65/hr. FROM THE DEPARTMENT OF FIRE Appointment to become effective July 16, 1992, in the Department of Fire Michael O'Neill 79 Marine Drive - Apt. 6B, Buffalo, New York 14202 to the position of Communications Specialist, Temporary, at the starting salary of $22,602. Appointment to become effective July 10, 1992, in the Department of Fire, Joseph W. Lester 179 Hinman Buffalo, NY, 14216 to the position of Assist Fire Alarm Dispatcher, Permanent, at the starting salary of $37,033.00. FROM THE DEPARTMENT OF STREET SANITATION Appointment to become effective July 1, 1992, in the Department of Street Sanitation to the position of Superintendent of Street Sanitation, Permanent, at the starting salary of $25,425 William D. Hayden 707 Mt. Vernon Ave. Buffalo, N.Y. 14215 Paul D. Ormsby 368 Two Mile Creek Rd Tonawanda, NY 14150 FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE Appointments to become effective July 13, 1992 in the Department of Administration and Finance, Division of Parking Enforcement, to the position of Clerk, Seasonal, at the starting salary of $5.00/hr. Effective July 13, 1992 Diane M. Feskun 767 McKinley Parkway Buffalo, NY 14220 Theresa F. Szymanski 103 Goodyear Ave. Buffalo, NY 14212 Appointments to become effective July 13, 1992 in the Department of Administration and Finance, Division of Parking Enforcement, to the position of Laborer I, Seasonal at the starting salary of $5.98/hr. Timothy C. Golden 360 Watson Street Buffalo, NY 14212 Helen A. Miranda 7 Susan Lane Buffalo, NY 14220 Joseph C. Oliver 70 Ladner Street Buffalo, NY 14220 FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment to become effective July 13, 1992 in the Department of Human Resources, Division of Youth, Lisa Mackovic 161 Marine Dr., Apt. 8D, Buffalo, N.Y. 14202, to the position of Senior Youth Worker, Temporary at the starting salary of $5.25/hr. Appointment to become effective July 6, 1992, in the Department of Human Resources, Division of Sub stance Abuse Services, Yvonne E. Ikwuagwu 528 Best St., Buffalo, N.Y. 14208 to the position of Senior Counselor I- Clinical, Provisional at the starting salary of $27,403.00 Appointment to become effective July 6, 1992 in the Department of Human Resources, Division of Youth Joseph Molloy 262 Eden St., Buffalo, N.Y. 14220 to the position of Supervisor of Youth Worker, Temporary, at the starting salary of $6.03/hr. Appointment to become effective July 10, 1992 in the Department of Human Resources, Division of Youth, David Allen 139 Grant St., Buffalo, N.Y. 14213 to the position of Lifeguard, Temporary at the starting salary of $5.00/hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 103 1963 ELMWOOD INC. Status of tax Abatement 1963 Elmwood (Item # 1, CCP, 10/1/91) On October 1, 1991, your honorable body did pass a resolution granting a tax abatement to 1963 Elmwood Avenue, Inc. (Item No. 1 CCP 10/1/91), in respect for the public benefit created. On or about November 1, 1991, the Commissioner of Assessment refused to acknowledge your authority and did send the attached letter declining to take the action directed by the Common Council pursuant to direction of the Law Department. An Article 78 Proceeding was commenced and hearing held before Justice Nelson Cosgrove on March 20, 1992, wherein he ordered compliance with the Common Council's resolution. (See attached Order). The Corporation Counsel has appealed Justice Cosgrove's decision and is forwarding briefs to the 4th Department Appellate Division in Rochester. The enunciated position of the Corporation Counsel is that the Common Council lacks the authority to order an abatement of taxes under the circumstances presented, and that no public benefit was created. This information is being presented to you in order that you may decide whether the interests of the Common Council require protection. The Corporation Counsel is apparently seeking to limit your authority. The Council may decide to hire its own attorney to present its view regarding its authority by entering this suit as amicus curiae or intervening in the appeal as a party directly affected by the outcome of this litigation. Briefs in this matter will be due in some 60 days. Kindly have your representative contact the undersigned if there is any additional information required. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 104 ARBY'S Complaints on Operation/Fees Allentown Art Festival I am writing to inform you of the misuse of power that has occurred within the Allentown Village Society Committee. We are owner/operators of Arby's Roast Beef Restaurant (537 Delaware Ave., Buffalo, NY- near Allen Street). We have been operating at this location for well over a decade beginning in 1978. We maintain our property, pay our taxes and have no complaints for 363 days a year. We understand that Buffalo is going through hard financial times an although business is not what it used to be things will hopefully reverse themselves with hard work and patience. Business being as it is, there are occasions when the downtown area gets a shot in the arm with special activities. The biggest draw for the summer is the Allentown Art Festival. For years the festival had been a source of pleasure and increased sales. This brings us to the present problem.... For the past say, five to six years the Allentown Village Society has tried to stop us form selling any beverages on our own property. For years we fought them. Finally the last two years we decided to stop fighting and sell beverages from our Drive Thru window. Well this year the Allentown Village Society decides we can sell beverages on our own lot if we pay a license fee of $400.00. A fee to use our own property!!! We believe that this is totally ridiculous and an abusive sum of money. We've informed them that we are not interested in paying the licensing fee (for the use of our own lot). We then decided to sell beverages through our Drive Thru window only. This practice does not generate the same sales but at least there will be no hassles. Knowing that we declined the licensing fee, the Allentown Village Society Committee decided to set up a beverage stand directly at the end of our Drive Thru. Thus to compete with and eliminate most of our possible walk up sales. This is the devious and abusive behavior that has characterized certain officials of the Allentown Village Society Committee. For the last few years sales during the Allentown Art Festival have stagnated. The increased number of vendors, not artists, has drawn from local merchants. The city has giver power to the wrong people. The merchants support and serve Buffalo year round. Why should our rights be taken away during a weekend that should be very rewarding. I would appreciate your views on this matter in writing. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND THE ALLENTOWN VILLAGE SOCIETY. No. 105 BCAM Amendment/Clarification to Revised Budget The enclosed budget package provides in greater detail BCAM's proposed spending requests outlining contractual obligations for fiscal year 1993. It is important that the committee is aware that BCAM's contract with the City of Buffalo was executed in October of 1991, which is the reason why the adopted budget and year-end estimate is for a nine month period. BCAM has been extremely successful during its first fiscal year of operation in reestablishing Public Access in Buffalo. The most notable of our accomplishments was the negotiation of a lease agreement and completion of renovations with TCI of New York for office and studio space at 101 LaSalle Avenue. TCI of New York, to date, has spent close to $100,000 on renovations of the space for the LaSalle facility. Through our donation campaign, which specifically targeted banks and office furniture distributors, BCAM was successful in receiving donations of the majority of its office furniture. Donation of a telephone system was received from a local law firm and New York Telephone waived our deposit for new telephone service. During FY-93, BCAM will begin training classes during the month of August. The classes will be held twice a week, for three hours, four consecutive weeks, offering basic field production and editing training. Orientation sessions will be conducted once a week. I am projecting that approximately 500 community producers will be trained during FY-93. BCAM will be assessing a nominal fee of $25.00 a year for individual community producers and $50.00 for community organizations. The revenue received will go towards purchase of bulk videotape stock, purchase of additional field production packages, and training at our proposed satellite access centers. These satellite centers will be placed in existing community centers strategically placed around the city. I am projecting that approximately $12,000 may be generated during the first year for this purpose. It is my hope that the information supplied in this package will enlighten you further on BCAM's efforts in re-establishing Public Access during this first full fiscal year. As mentioned at the CATV hearing last Tuesday, I will be out of the City until Monday, July 20th. Should any pressing concerns arise during my absence, I can be reached at (612) 292-1900, room 1711. Arrangements are being made for me to participate in the committee meeting on Thursday, July 16th via telephone to answer any questions you may have at that time. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 106 ERIE COUNTY EXECUTIVE Title to Bennett Beach In response to your recent correspondence requesting detailed information on Erie County's plans for Bennett Beach, I must advise you that my administration will not undertake any activity relative to Bennett Beach until such time as we acquire title to that property. I regret that I must take this position as a result of the current City administration's failure to convey title to Grover Cleveland Golf Course to Erie County for six years. During that time Erie County invested considerable resources in capital improvements and operating costs associated with maintaining Grover Cleveland The Erie County Department of Parks, Recreation & Forestry takes pride in our beautiful parks system. Bennett Beach would be treated no differently Please understand that I do not fault the Buffalo Common Council inexcusable delay of the transfer of Grover Cleveland Golf Course to County. However, at a time when Erie County's resources are stretched to the very limit, it would not be responsible for me to invest personnel, time or resources until Bennett is owned by Erie County. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 107 ERIE CO. DEPT. OF CENTRAL POLICE SERVICES 911 Response Time The following is my response to resolution # 146, C.C.P. June, "911 Response Time". There has not been a decision made to leave 9-1-1 call-taker positions vacant, in fact, two vacancies were filled on June 14, 1992 and these new employees are currently being trained. The remainder of our full-time vacant positions are under normal review and processing according to Civil Service requirements. This department experiences the same untimely vacancies as other agencies due to 9-1-1 personnel accepting other employment, illness, etc. These unavoidable reductions in available manpower are compensated for by the shifting of employees to cover busy periods and the liberal use of overtime. In response to the third whereas of the resolution, there has not been any significant reduction in 9-1-1 services to the city of Buffalo, and we believe that good response time is maintained considering the volume of calls received during the summer months. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 108 AFSCME LOCAL 264 NY Health (Assembly Bill A-8912) Item # 169, C.C.P 3/17/92 Item # 57, C.C.P. 4/28/92 Local 264, representing the City of Buffalo Blue Collar employees, is in favor of looking at ways that the City of Buffalo can save money regarding the cost of providing medical insurance to the members we represent without diminishing the benefits they currently receive. As you can see by the attached, AFSCME Local's are already in favor of the previously mentioned Assembly Bill and have lobbied with our legislators in Albany for its passage. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 109 GENE MILAS Complaints- Music- 1255 Broadway Hard Times Inn We are protesting and don't want a license for live music issued to the Hard Time Inn, 1255 Broadway, Buffalo, NY. The owner, Mr. Pieter Esch took no precautions to close the doors and windows while generating live hard rock, loud pounding music within his tavern, in the middle of the night, in our neighborhood, in a restricted residential-commercial C-2 zone, Sunday morning, July 5, 1992 at 1:08 AM, when the noise awakened me and my family. Lt. Farley responded to my complaints to the 11th precinct and 911, and acknowledged to me that morning, he couldn't stand the loud music. The Hard Timed Inn lowered and continued projecting live hard rock music without a restaurant-dance license, and with a expired music license. My complaints were not recorded on the 11th precinct complaint log. We don't want our sleep disrupted by the blaring noise or live hard rock bands, on weekend nights and mornings, it's cruel and unjust. For that reason we don't want a restaurant-dance license for live music issued to the Hard Times Inn, near our residence. We would appreciate your support to restore night-time peace and tranquility in our neighborhood. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE N.Y. STATE LIQUOR AUTHORITY. No. 110 WALTER B. WARD Cancel Tax Lien-210 Melrose Enclosed are the facts to a lien on 210 Melrose Street that was placed by the Common Council on 11/27/90 and the lien date of 8/12/91. This lien was placed on said property by error of the City of Buffalo, as the enclosed facts will clearly point out. After you have read the facts, I request that the lien on 210 Melrose Street, Buffalo, New York 14210 be rescinded and the bill that was outstanding be declared not the responsibility of the new owners of said property. Thank you for your time and consideration in the above matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. PETITIONS No. 111 Polish Community Center of Buffalo, Inc., petitioner, petition to rezone 104-132 Lewis Street from M2 to R3 for Low-rise apartments for Sr. Citizens. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. No. 112 Mister Pizza, agent, petition to use -2368 Seneca Street to expand existing sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 113 Flora Palumbo, and Others, oppose development of 526 Niagara as 32 apartments. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 114 W.Z.K.L. Block Club, requests city action on neighborhood problems. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 115 Zettie Green & O - petition to close store at 431 Leroy. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS. REGULAR COMMITTEES CLAIMS HON BRIAN M. HIGGINS CHAIRMAN No. 116 COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Daryl A. Krakowiak and Miserendino, Krull & Foley, His Attorneys $ 55,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES- 13 NOES- 0. No. 117 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Joyce Baginski Claim for damage to an employee's eyeglasses while performing her duties at Memorial Auditorium. $226.00 B 2. Gary Bulinski Claim for damage to claimant's private sewer line at 30 Keppel Street. $1,163.20 B 3. Teresa M. Cichon Claim for damage to a 1991 Dodge Shadow on Willett Street. An employee of the Department of Street Sanitation accidentally dropped a recycling box on claimant's parked vehicle. $231.98 B 4. Anthony J. Greco Claim for damage to a 1983 Oldsmobile Cutlass while it was parked at the Delaware Labor Center. An employee was loading wooden logs and one of the logs fell off onto the vehicle. $356.48 B 5. Edward J. Moran Claim for damage to an employee's eyeglasses while performing his duties with the Department of Street Sanitation $135.00 B 6. Richard Nagel Claim for damage to claimant's eyeglasses while performing his duties with the Department of Street Sanitation. $170.00 B 7. Romero C. Robinson Claim for claimant's eyeglasses that were broken while picking up trash working with the Department of Street Sanitation. $100.00 There are no Insurance Companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. The following Councilmembers voted in the negative on the Items Listed: Item B1 - Mssrs. Arthur, Bell, Collins and Zuchlewski Item B2 - Mr. Franczyk Items B5 & B6 - Mssrs. Arthur and Bell Item B7 - Mr. Bell No. 118 MISCELLANEOUS That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. American Research Company Claim for services rendered to the Department of Law in a prior fiscal year for (136) Title Search Reports for the In Rem 26. $13,350.00 C 2. Kumar Bahuleyan, M.D. Claim for services rendered to P.O. Robert Quintana who was injured in the line of duty in the past fiscal year. $ 125.00 C 3. Buffalo Crushed Stone Claim for services rendered to the Division of Engineering in a prior fiscal year. $5,950.39 C 4. Buyers & Kaczor Claim for reporting services rendered to the Department of Law in a prior fiscal year for transcripts of an examination before trial. $238.50 C 5. Damon & Morey Claim for legal services rendered to the Department of Law in a prior fiscal year. $3,571.70 C 6. Denall, Vitrano & Associates Claim for reporting services rendered to the Department of Law in a prior fiscal year for transcripts of an examination before trial. $120.00 C 7. Eastern Abstract of N.Y., Inc. Claim for services rendered to the Department of Law in a prior fiscal year for (74) Title Search Reports for the In Rem 26. $8,140.00 C 8. Erie County Clerk Claim for services rendered to the Department of Law in a prior fiscal year for filing fees for notices to repair or demolish various properties in the City of Buffalo. $365.50 C 9. Equity Search, Inc. Claim for services rendered to the Department of Law in a prior fiscal year for (71) Title Search Reports for the In Rem 26. $7,455.00 C 10. Gar Associates, Inc. Claim for a real estate appraisal of K-Mart, 1025 Hertel Avenue rendered to the Department of Law in a prior fiscal year. $3,500.00 C 11. Warren Gleckel, Ph.D. Claim for consultant services rendered to the Department of Law in a prior fiscal year in the matter of Arthur et al Vs. Nyquist et al. $1,995.00 C 12. Jaeckle, Fleischmann & Mugel Claim for legal services rendered to the Department of Law in a prior fiscal year in the matter of the PBA Vs. City of Buffalo. $2,283.00 C 13. Landy Jacobs and Associates, Inc. Claim for services rendered to the Department of Law in a prior fiscal year in the matter of the USA Vs. City of Buffalo (Police and Fire Case). $1,000.00 C 14. Lighthart Sales, Inc. Claim for services rendered to the Division of Engineering in a prior fiscal year. $168.00 C 15. Millard Fillmore Hospital Claim for services rendered to P.O. Raymond Vidal who was injured on duty and required medical treatment in a prior fiscal year. $132.42 C 16. Niagara Capital Corporation Claim for services rendered to the Department of Law in a prior fiscal year for (155) Title Search Reports for the In Rem 26. $15,100.00 C 17. Radiology Physicians of WNY, P.C. Claim for services rendered to P.O. James Mourgas who was injured on duty and required medical treatment in a prior fiscal year. $130.53 C 18. Tri-County Reports Claim for services rendered to the Department of Law in a prior fiscal year for (301) Title Search Reports for the In Rem 26. $28,595.00 C 19. WNY Title Services Claim for services rendered to the Department of Law in a prior fiscal year for (78) Title Search Reports for the In Rem 26. $7,800.00 C 20. Xerox Corporation Claim for services rendered to the Division for Youth for a maintenance contract in a prior fiscal year. $456.94 There are no insurance companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City charges 100-812-000-00-809 Judgment and Claims- Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. Mr. Pitts voted in the negative on Item C-1 only. No. 119 MISCELLANEOUS REIMBURSEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: D 1. Alonzo McKnight Claim for reimbursement of money inadvertently paid for back City taxes and sewer rent on property at 149 Jewett Avenue. Mr. McKnight was misinformed that if he paid the back monies due on the property it would give him title to the property. $1,332.20 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation .Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. No. 120 MISCELLANEOUS PAYROLL E 1. Jesse J. Carmichael Item No. 91, C.C.P., March 31, 1992 During the period of November 12, 1990 to March 17, 1991, the claimant served as the Acting Director of Substance Abuse. He was never paid for acting time. The Commissioner of Human Resources has advised that this is a valid claim. There is no Insurance Company involved in the settlement of this claim. The Corporation Counsel recommends payment in the amount of $3,555.45 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Higgins now moved the approval of the claim of Jesse J. Carmichael in the amount of $3,555.45 That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES- 13 NOES- 0. No. 121 MISCELLANEOUS PAYROLL E 2. Kenneth J. Trometer This is a claim for difference in pay relative to retirement benefits under Section 207 A of the General Municipal Law. Based on a decision and order of a Supreme Court Justice relative to a former Deputy Commissioner, the City is obligated to pay these benefits to Mr. Trometer. There is no Insurance Company involved in the settlement of this claim. $20,469.32 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Higgins now moved the approval of the claim of Kenneth J. Trometer in the amount of $20,469.32 That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES- AMOS, BAKOS, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- ARTHUR, BELL, COPPOLA, PITTS- 4. No. 122 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Claims Committee, the following claim be paid: F 1. Janice R. Baker Claim is for sewer problems caused by tree roots at 115 Clayton Street. There is no Insurance Company involved in this claim. $1,200.00 That checks be drawn on the account of 81-2 general City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicted. PASSED. AYES- 13 NOES- 0. No. 123 F2. Jerome L. Gralnik Item No. 132, C.C.P., July 9, 1991 The above item was referred to the Committee on Claims. The claim is for basement flooding due to sewer problems at 229 Sanders Road. There is no insurance company involved in this claim. F 3. Raymond J. Janicke In December of 1991, the claimant had to engage a plumber because of a problem with his sewer lateral. Upon excavation, it was found that the lateral was broken, dislodged and filled with tree roots from a City owned tree. The Buffalo Sewer Authority conducted an investigation into the matter and denies any liability. There is no insurance company involved in the above claim That the above item be and the same is hereby received and filed. ADOPTED. CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No. 124 MEMORANDUM OF AGREEMENT LOCAL 650, AFSCME, AFL-CIO UPGRADE OF JOB TITLE (ITEM NO. 67, C.C.P., JUNE 23, 1992) That the Memorandum of Agreement between the City of Buffalo and Local 650, AFSCME, AFL-CIO, in which the parties have mutually agreed to upgrade the job title of Assistant to the Commissioner of General Services, be approved and ratified. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 125 SALARY ORDINANCE AMENDMENT 1992-93 (ITEM NO. 6, C.C.P. JUNE 30, 1992) That the Salary Ordinance Amendment (Police Officer and Detective only) as contained in item No. 6, C.C.P., June 30, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 126 SALARY ORDINANCE AMENDMENT - POLICE (ITEM NO. 218, C.C.P. JULY 7, 1992) That the Salary Ordinance Amendment (except Chief Plumbing inspector) as contained in item No. 218, C.C.P., July 7, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 127 Appointment Inspections & Community Revitalization/ Chief Electrical Inspector That Communication No 90 CCP Apr 14, 1992 be received and filed and the Permanent appointment of David J. Pierwoicz stated above at the Intermediate salary $32,380.00 effective on Apr 7, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 128 Appointment Public Works/Filtration Plant Operator That Communication No 48 CCP May 12,1992 be received and filed and the Provisional appointment of David Golba stated above at the Intermediate salary $24,168.00+700 LG effective on May 5, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 129 Appointment Fire/Communications Electrician That Communication No 49 CCP Jun 9, 1992 be received and filed and the Permanent appointment of Paul Mezger stated above at the Intermediate salary $24,623.00 effective on June 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 130 Appointment Fire/Communications Electrician That Communication No 50 CCP Jun 9, 1992 be received and filed and the Permanent appointment of Robert Andrycha stated above at the Maximum salary $27,267.00 effective on Jun 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 131 Appointment Street Sanitation/Laborer II (Hrly) That Communication No 71 CCP Jul 7, 1992 be received and filed and the Temporary appointment of Timothy R. Reid stated above at the Intermediate salary $9.32 per hr. effective on Jul 1, 1992 is hereby approved. PASSED AYES- 13 NOES- 0. No. 132 Appointment Street Sanitation/Laborer II (Hrly) That Communication No 72 CCP Jul 7, 1992 be received and filed and the Permanent appointment of Richard R. Mazuca, John M. Scanlon, Timothy P. Burke, Thomas P. Murray stated above at the Intermediate salary $9.32 per hour effective on Jul 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 133 Appointment Street sanitation/Laborer II (Hrly) That Communication 73 CCP Jul 7, 1992 be received and filed and the Permanent appointment of Jerome Glenn stated above at the Intermediate salary $9.62 per hour effective on Jul 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 134 Appointment Street Sanitation/Laborer II (Hrly) That Communication No 74 CCP Jul 7, 1992 be received and filed and the Temporary appointment of Michael W. Schmitt stated above at the Maximum salary of $10.26/hr. effective on Jul 1; 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 135 Appointment Street Sanitation/Laborer II (Daily) That Communication No 75 CCP Jul 7, 1992 be received and filed and the Temporary appointment of Paul A. Larkin stated above at the Maximum salary of $86.18 per day effective on Jul 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 136 Appointment Street Sanitation/Equipment Operator That Communication No 76 CCP Jul 7, 1992 be received and filed and the Provisional appointment of John J. Rigby stated above at the Intermediate salary $22,208.00 effective on Jul 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 137 Appointment Street Sanitation/Sanitation Worker That Communication No 77 CCP Jul 7, 1992 be received and filed and the Temporary appointment of Andrew J. Kleinfelder stated above at the Maximum salary $22,463.00 effective on Jul 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 138 Appointment Street Sanitation/Supervisor Of Street Sanitation That Communication No 78 CCP Jul 7, 1992 be received and filed and the Permanent appointment of Roy P. Kimmich, Jr. stated above at the Intermediate salary $23,126.00 effective on Jul 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 139 Appointment Street Sanitation/Superintendent of Street Sanitation That Communication No 79 CCP Jul 7, 1992 be received and filed and the Permanent appointment of William D. Hayden, Paul D. Ormsby stated above at the maximum salary $29,437.00 effective on Jul 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 140 Appointment Street Sanitation/Superintendent of Street Sanitation That Communication No 80 CCP Jul 7, 1992 be received and filed and the Permanent appointment of William F. Kennedy stated above at the Maximum salary $29,437.00 effective on Jul 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 141 Appointment Human Resources/Program Director YAAP That Communication No 91 CCP Jul 7, 1992 be received and filed and the Provisional appointment of Richard May stated above at the Maximum salary $32,607.00 effective on Jun 23, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 142 Notices of Appointments (C.Clerk) (Item # 100 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 143 Emergency Medical Services Board/Increase In Rates (Item # 154 CCP April 14, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Increase Emergency Medical Structure (CC) (Item # 56 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Results Of Negotiations 129 Ivy, E 142.22' S Genesee (Item No. 20, C.C.P., July 7, 1992) That the offer of Mr. Paul J. O'Brien residing at 41 Woodview Avenue, Hamburg, New York, in the sum of $1,500.00 (Fifteen Hundred Dollars) to purchase 129 Ivy be and hereby is accepted; and That the appraisal report, requested by the City, transfer tax, recording fees, and cost of legal description will be paid by the purchaser; and That the Mayor be, and he hereby is, authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 146 Ordinance Amendment Chapter 387 Signs, Of Chapter 175-Fees (Item No. 84, C.C.P., June 9, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Ordinance Amendment as contained in Item No. 166, C.C.P., March 3, 1992, be and the same hereby is approved. Seconded by Mr. Fahey. Mr. Amos moved as an amendment to receive and file the above item. LOST AYES- AMOS, ARTHUR, BELL, COPPOLA, PITTS- 5. NOES- BAKOS, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 8. Mr. Collins now moved his original motion to approve the item. PASSED. AYES- BAKOS, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 8. NOES- AMOS, ARTHUR, BELL, COPPOLA, PITTS- 5. No. 147 Ordinance Amendment Chapter 133 - City Property (Item No. 88, C.C.P., June 9, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Ordinance Amendment as contained in Item No. 163, C.C.P., March 3, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 148 Ordinance Amendment Chapter 511 - Zoning (Item No. 90, C.C.P., June 9, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Ordinance Amendment as contained in Item No. 168, C.C.P., March 3, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 149 Permission For Mayor To Execute 1992 Stop DWI Program Item No. 42, C.C.P-., July 7, 1992 That the Mayor be and he hereby is authorized to execute the proposed STOP DWI Agreement between the City of Buffalo and the County of Erie for the period of 1/1/92 through 12/31/92. PASSED. AYES- 13 NOES- 0. No. 150 Cost Analysis For Changes In The Council Chambers To Expand Handicap Accommodations (Item No. 36, C.C.P., May 26, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above item be and the same is hereby received and filed. ADOPTED. No. 151 Appropriate Accommodations For Hard-of-Hearing Individuals In The Common Council Chamber Item No. 76, C.C.P., June 23, 1992 That the above item be, and the same hereby Is, returned to the Common Council without recommendation. Mr. Collins moved: That the above item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 152 Ordinance Amendment Chapter 511 - Zoning (Item No. 127, C.C.P. June 23, 1992) - That the Ordinance Amendment as contained in Item No. 127, C.C.P., June 23, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 153 Wallace C. Piotrowski, Owner, Petition To Use 880 Abbott Road For Pole Sign (Item No. 114, C.C.P. July 7, 1992) That after a public hearing before the Committee on Legislation on July 14, 1992, the petition of Wallace C. Piotrowski, owner, for permission to use 880 Abbott Road for a pole sign be and hereby is approved, contingent on the approval of the Zoning Board of Appeals. PASSED. AYES- 13 NOES- 0. No. 154 Westminister Presbyterian, Owner, Petition To Use 724 Delaware for Pole Sign (Item No. 115, C.C.P. July 7, 1992) That after a public hearing before the Committee on Legislation on July 14, 1992, the petition of Westminster Presbyterian, owner, for permission to use 724 Delaware Avenue for a pole sign be and hereby is approved, contingent on the approval of the Zoning Board of Appeals PASSED. AYES- 13 NOES- 0. No. 155 JAFCO Realty Corp. Petition To Use 2192 Niagara Street For A Masonry Building (Item No. 161, C.C.P. July 7, 1992) That after a public hearing before the Committee on Legislation on July 14, 1992, the petition of Jafco Realty Corp. to erect a masonry building for use as a sit-in restaurant at 2192 Niagara Street be and it hereby is approved in accordance with the petition and she approval thereof by the Planning Board, provided, however, that Jafco Realty Corp. and any successor owner of such property shall be obligated to grant easements or other appropriate means of access to facilitate the connection of the Riverwalk project which abuts the subject property on the north and south and to promote the greatest feasible public access to the Niagara River's edge ,subject to the following conditions: 1. It was agreed by all parties that the approval of the building permit is a separate and distinct process from the approval of the low-interest loan being sought by Harbour Place Marina. Each process is subject to Common Council approval', and Commissioner Sam Iraci of Community Development. 2. Harbour Place Marina will deed over to the City of Buffalo for use as a public park, to be connected to the adjoining and existing Cornelius Creek Parks, to gazebo and area along the Niagara River at the northern boundary of the Harbour Place Marina where it adjoins Cornelius Creek Park. The area to be granted to the City can be roughly defined as the existing green space area including the gazebo located adjacent to Cornelius Creek Parks and up to the existing parking area. 3. Harbour Place Marina will grant an easement to the City of Buffalo along the entire southern boundary of its property, adjacent to the Watergate Complex for public access and future extension of the Riverwalk, for which consideration would be negotiated as part of the section 108 loan. The easement shall run from the Niagara River to the existing Riverwalk and shall be 15 feet wide. In areas where it may not be possible to grant a full 15 foot easement due to existing structures, the easement granted by the Harbour Place Marina shall in no case be less than 10 feet in width; 4. Harbour Place Marina will landscape and soften up with greenery the boundaries of its property especially, but not limited to, the easement granted, the eastern boundary of the property where the current Riverwalk exists and where buildings will be removed and the northern portion adjacent to Cornelius Creek Park, which will be deeded over to the City of Buffalo; 5. Harbour Place Marina will adequately light the property so that the easement granted, eastern boundary of the property and northern portion to be deeded to the City -adjacent to Cornelius Creek Park will be properly lighted; 6. Harbour Place Marina agrees that all efforts will be taken to minimize any noise or loud music that might result from the Restaurant expansion. PASSED. AYES- 13 NOES- 0. No. 156 Jafco/Use 219-2 Niagara For Restaurant (Item # 63 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 JAFCO Realty Corp. Petition To Use 2192 Niagara Street For A Masonry Building (EAF) (Item No. 66, -C.C.P. July 7, 1992) That Jafco Realty Corp. - Request to erect a one-story, masonry, sit-in restaurant with an outdoor bar at 2192 Niagara Street is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 158 Ken/Bailey Committee/Oppose Reopening 2983 Bailey Ave. (Item # 73 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 Ken/Bailey NHS/Oppose Reopening Of 2983 Bailey Ave. (Item # 74 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Restaurant/Dancing Class IV License 2787 Bailey Avenue (Item No. 38, C.C.P., 7/7/92) That pursuant to Chapter 150 of the City of Buffalo ordinances, the Director of Licenses be, and he hereby is, authorized to issue a Restaurant/Dancing Class IV License to Kilimanjaro, Essie Scales, owner, 2987 Bailey Avenue. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FAHEY, LOTEMPIO- 2. No. 161 Encraoch Entry At 518-524 Niagara Street (Item No. 37, C.C.P., June 23, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. John P. Giambrone, owner of the properties at 518-524 Niagara Street, to construct a new entranceway, 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. PASSED. AYES- 13 NOES- 0. No. 162 J. Giambrone/Encroachment 518 Niagara (CPBD) (Item # 12 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 Encroach Sidewalk Cafe At 51 Court Street (Item No. 39, C.C.P, JULY 7,1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Brian Burke, owner of the Court Street Courier, located at 51 Court Street, to construct a new entranceway, 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. PASSED. AYES- 13 NOES- 0. No. 164 Request Ordinance Amendment/Excess Trash (Item # 245 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 Ban Of Sale Of High Pressure Water Guns In The City Of Buffalo Item No. 136, C.C.P., June 23, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That this Common Council directs the Corporation Counsel to draft an ordinance that will ban the sale and use of these high pressure water guns within the City of Buffalo. LOST. AYES- COLLINS, FRANCZYK- 2. NOES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. No. 166 Emergency Repair Of Sewer Broadway Market, 999 Broadway Item No. 50, C.C.P., April 14, 1992 That the award of an emergency contract by the Commissioner of Public Works, to Joseph Carino Plumbing & Heating Inc. for Repair of Sewer at 999 Broadway, in the amount of $3,638.20, be and hereby is authorized, ratified and approved. Funds for this project are available in the Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 167 NYCLU/Clarification of Police I.A. Unit (Pol) (Item # 45 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 168 Complaint Process For Police Department (Police) (Item # 46 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 A. Knight/Provide School Funding (Item # 108 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 Three Tiered Rate System/Parking Meters (A&F) (Item # 68 CCP Jun 23, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 171 Request Removal Of Parking Meters In Delaware District Business Districts Item No. 144, C.C.P., June 23, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: To assure fairness throughout the City of Buffalo, this Common Council requests that the parking meters located in the business districts in the Delaware District be eliminated and replaced with two-hour parking. LOST. AYES- ARTHUR, COLLINS, COPPOLA, PERLA, PITTS- 5. NOES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 8. No. 172 Removal Of Parking Meters/Delaware District (CC) (Item # 58 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 173 NIMO/Semi-Annual Report/Storage Facility (Item # 92 CCP Jun 23, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 174 Status Of NIMO Service Center Phase Out (Staff) (Item # 93 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 175 Response To Rodney King Verdict Item No. 198, C.C.P., May 12, 1992 That this Common Council urges the United States Attorney General to aggressively pursue prosecution of the police officers involved in the beating of Rodney King and to actively investigate and prosecute all incidents of abuse of police power in local communities; That this Honorable Body calls upon city, county and state officials to work to ensure that a clearly defined process be established that would allow citizens to file complaints and receive fair redress for actions of police officers, and that citizens be given the ability to participate in the establishment and review of policies governing the operation of local law enforcement agencies; That this Council also call upon all residents of the Buffalo area to recommit themselves to work peacefully and cooperatively toward establishing a just judicial system, alleviating the economic and social injustices that exist in this nation, and promoting greater understanding among all people. ADOPTED. No. 176 Appointment Of Member Of The Buffalo Sewer Authority Item No. 1541 C.C.P., June 9, 1992 That the appointment by the Mayor of Kenneth J. Mulhisen, 142 Pomona Place, Buffalo, New York 14210 as a member of the Buffalo Sewer Authority, effective February 28, 1992 for a term expiring June 30, 1994, be and hereby is confirmed. Mrs. LoTempio moved approval of the above item. Seconded by Mr. Amos. Mr. Coppola moved to amend to recommit the item to the Committee on Legislation. Seconded by Mr. Pitts. LOST. AYES- ARTHUR, COLLINS, COPPOLA, PITTS- 4. NOES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. Mrs. LoTempio now moved her original motion to approve the item. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. No. 177 Reappointment Of Member Of The Buffalo Sewer Authority Item No. 1, C.C.P., June 9, 1992 That the reappointment of Mr. Herbert L. Bellamy, Jr., 43 Academy Road, Buffalo, New York 14211 as member of the Buffalo Sewer Authority, for a term to expire on June 30, 1995, be and hereby is confirmed. Mrs. LoTempio moved approval of the above item. Seconded by Mr. Amos. Mr. Coppola moved to amend to recommit the item to the Committee on Legislation. Seconded by Mr. Pitts. LOST. AYES- ARTHUR, COLLINS, COPPOLA, PITTS- 4. NOES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. Mrs. LoTempio now moved her original motion to approve the item. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. No. 178 Appointment Of Member Of The Buffalo Sewer Authority Item No. 3, C.C.P., July 7, 1992 That the appointment of Right Reverend Monsignor John R. Gabalski, 123 Townsend Street, Buffalo, New York 14212 as member of the Buffalo Sewer Authority, effective July l, 1992 and for a term to expire on June 30, 1995, be and hereby is confirmed. Mrs. LoTempio moved approval of the above item. Seconded by Mr. Amos. Mr. Coppola moved to amend to recommit the item to the Committee on Legislation. Seconded by Mr. Pitts. LOST. AYES- ARTHUR, COLLINS, COPPOLA, PITTS- 4. NOES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. Mrs. LoTempio now moved her original motion to approve the item. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 179 Community Wide U.R. Homestead Amendment # 3 (Item No. 60, C.C.P., June 9, 1992) That the above item be and hereby is returned to the Common Council without recommendation. The above item has been set for a public hearing before the Common Council at its this regularly scheduled meeting, at 2:00 P.M., and that notice of same has been properly published in the Buffalo News, and a copy of same is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances : Louis Malucci, Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell CARRIED. Mr. Fahey moved That the communication be received and filed; and that WHEREAS, the Community-Wide Urban Renewal Homestead Program, approved September 18, 1984, C.C.P. No. 279 and subsequently amended, has a twenty-year duration; and WHEREAS, under Section E of said Plan, additional supplements for housing projects are permitted; and WHEREAS, this Plan has been amended in the past to reflect changes in housing programs and the availability of disposition parcels; and WHEREAS, the last plan amendment, which included a supplement for several hundred city-owned parcels targeted for residential development, was approved on May 27, 1991, C.C.P. No. 177; and WHEREAS, the following thirty-five (35) parcels have been identified by the Department of Inspections and Community Revitalization as sites for new housing development: 1309 Michigan 1171 Michigan 102 East Utica 1315 Michigan 1200 Michigan 106 East Utica 1317 Michigan 1202 Michigan 186 East Utica 1321 Michigan 1243 Michigan 190 East Utica 1297 Michigan 1245 Michigan 158 Laurel 1301 Michigan 1388 Michigan 160 Laurel 1303 Michigan 1390 Michigan 292 Masten 1201 Michigan 1410 Michigan 296 Masten 1203 Michigan 1414 Michigan 291 Masten 1207 Michigan 94 East Utica 299 Masten 1209 Michigan 98 East Utica 63 Northampton 834 South Park 849 South Park WHEREAS, the City Planning Board, after the required public hearing on June 2, 1992, gave its unqualified approval to the plan amendment; and WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law require that the Urban Renewal Plan Amendment be approved only after a public hearing on due notice; and WHEREAS, the Common Council has the power to amend or extend this Plan pursuant to Section G (p. 6), "Procedure for Changes in the Approved Urban Renewal Plan"; and WHEREAS, a public hearing was held by the Common Council. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That the Urban Renewal Plan for the Community-Wide Homestead Program is hereby amended in accordance with the recommendations of the City Planning Board. 2. That the area is substandard and tends to impair or arrest the sound growth and development of the City of Buffalo. 3. That the Urban Renewal Plan, as amended, and herein made a part of these proceedings, has been duly reviewed and conforms to the comprehensive plan for the development of the municipality and the community as a whole and is hereby approved. PASSED. AYES- 13 NOES- 0. No. 180 Department Of Community Development Community Wide Urban Renewal Homestead Program Plan Amendment # 3 (Item No. 61, C.C.P. June 9, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. That "Dept. of Community Development - Community Wide Urban Renewal Homestead Program, Plan Amendment # 3" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 181 Department Of Community Development Community Wide Urban Renewal Homestead Program Plan Amendment (Item No. 13, C.C.P. June 9, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That the above item be and the same is received and filed. ADOPTED. No. 182 Community Wide U.R. Homestead Amendment # 4 (Item No. 68, C.C.P., July 7, 1992) - That the above item be and hereby is returned to the Common Council without recommendation. The above item has been set for a public hearing before the Common Council at its this regularly scheduled meeting, at 2:00 P.M., and that notice of same has been properly published in the Buffalo News, and a copy of same is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Coppola the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances : Louis Malucci, Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Amos CARRIED. Mr. Fahey moved; That the communication be received and filed; and that WHEREAS, the Community-Wide Urban Renewal Homestead Program, approved September 18, 1984, C.C.P. No. 279 and subsequently amended, has a twenty-year duration; and WHEREAS, under Section E of said Plan, additional supplements for housing projects are permitted; and WHEREAS, this Plan has been amended in the past to reflect changes in housing programs and the availability of disposition parcels; and WHEREAS, the following parcels have been identified by the Department of Inspections and Community Revitalization as sites for new housing development: 338 Katherine Street 238-240 Whitney Place WHEREAS, the City Planning Board, after the required public hearing on June 30, 1992, gave its unqualified approval to the plan amendment; and WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law require that the Urban Renewal Plan Amendment be approved only after a public hearing on due notice; and WHEREAS, the Common Council has the power to amend or extend this Plan pursuant to Section G (p. 6), -Procedure for Changes in the Approved Urban Renewal Plan; and WHEREAS, a public hearing was held by the Common Council. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That the Urban Renewal Plan for the Community-Wide Homestead Program is hereby amended in accordance with the recommendations of the City Planning Board. 2. That the area is substandard and tends to impair or arrest the sound growth and development of the City of Buffalo. 3. That the Urban Renewal Plan, as amended, and herein made a part of these proceedings, has been duly reviewed and conforms to the comprehensive plan for the development of the municipality and the community as a whole and is hereby approved. PASSED. AYES- 13 NOES- 0. No. 183 Department Of Community Development City Wide Urban Renewal Homestead Program Request To Include Nine Infill Housing Sites (Item No. 69, C.C.P. July 7, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That "Dept. of Community Development - City Wide Urban Renewal Homestead Program # 4. Request to Include Nine Infill Housing Sites" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issued a negative declaration. ADOPTED. No. 184 Department Of Community Development Community Wide Urban Renewal Homestead Program Plan Amendment (Item No. 13, C.C.P. July 7, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That the above item be and the came is received and filed. ADOPTED. No. 185 Oak Street U.R. Plan Amendment- Parcel 8 A2 (Item No. 62 C.C.P., June 9, 1992) - That the above item be and hereby is returned to the Common Council without recommendation. The above item has been set for a public hearing before the Common Council at its this regularly scheduled meeting, at 2:00 P.M., and that notice of same has been properly published in the Buffalo News, and a copy of same is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Higgins the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances: Dave DeSalvo, BURA Dennis Penman, M. J. Peterson Vice Pres. Mr. Fahey moved that the hearing be closed. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above item be recommitted to the Committee on Economic Development. Seconded by Mr. Bakos. ADOPTED. No. 186 Department Of Community Development Oak Street Redevelopment Urban Renewal Plan Amendment (Parcel 8 A2) (Item No. 63, C.C.P. June 9, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell now moved that the above item be recommitted to the Committee on Economic Development. Seconded by Mr. Fahey. ADOPTED. No. 187 Department Of Community Development Oak Street Redevelopment Urban Renewal Plan Amendment (Parcel 8 A2) (Item No. 14, C.C.P. June 9, 1992) That the above item be and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That the above item be recommitted to the Committee on Economic Development. ADOPTED. No. 188 L.D.A.- Industrial Park Parcel II (Item 67 C.C.P., July 7, 1992) That the above item be and hereby is returned to the Common Council without recommendation. The above item has been set for a public hearing before the Common Council at its this regularly scheduled meeting, at 2:00 P.M., and that notice of same has been properly published in the Buffalo News, and a copy of same is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances : Dave Sengbush, Community Redevelopment Mr. Fahey moved that the hearing be closed. Seconded by Bell. Mr. Fahey moved: WHEREAS, the Buffalo Urban Renewal Agency has duly designated TML/Wolin Industries, Ltd., and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That TML/Wolin Industries, Ltd., and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of New Buffalo Industrial Park. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban- Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to TML/Wolin Industries, Ltd., and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 189 L.D.A.- St. Patrick's New Housing (Item No. 89, C.C.P., July 7, 1992) That the above item be and hereby is returned to the Common Council without recommendation. The above item has been set for a public hearing before the Common Council at its this regularly scheduled meeting, at 2:00 P.M., and that notice of same has been properly published in the Buffalo News, and a copy of same is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Collins the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances : Louis Malucci, Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins CARRIED. Mr. Fahey moved: WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Kulback's Construction, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, subdivision 2 (d) of the "General Municipal Law"; and NOW, THEREFORE, BE IT RESOLVED: (1) That Kulback's Construction, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the St. Patrick's New Housing Project in the Community Wide Urban Renewal Homestead Program Area. (2) That the Mayor of the City of Buffalo and/or the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency are hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 190 L.D.A.- Former School # 41 (627 Jefferson Avenue) Gal/Van Developers (Item No. 65, C.C.P., June 23, 1992) (Item No. 191, July 7, 1992) WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Gal/Van Developers, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law NOW, THEREFORE, BE IT RESOLVED: (1) That Gal/Van Developers, Inc., and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper for the Former School 141 (627 Jefferson Avenue). (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 191 BEDC Sale of 356-358 Broadway Neighborhood Commercial Land Bank Item No. 105 C.C.P., July 7, 1992) That the offer of Hadi Omar, Hussein Mohamed and All M. Abdulla, 344-354 Broadway, in the sum of $14,255.00 to purchase BEDC property located at 356-358 Broadway, be and hereby is approved; and That the President of the Buffalo Enterprise Development Corporation be, and he hereby is, authorized to execute and deliver a deed in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. RESOLUTIONS No. 192 BY: MR. AMOS APPOINTMENT OF LEGISLATIVE AIDE NOW, THEREFORE, BE IT RESOLVED: That this Common Council does hereby appoint Corine L. Parks, 362 E. Utica Street, Buffalo, N.Y., to the position of Legislative Aide to the Common Council , effective July 20, 1992. ADOPTED. No. 193 BY: MR. AMOS APPOINTMENT OF LEGISLATIVE ASSISTANT NOW, THEREFORE, BE IT RESOLVED: That the Common Council does hereby appoint Shirley D. Zeigler, 187 E. Delavan Avenue, Buffalo, N.Y., to the position of Legislative Assistant to Councilmember, effective July 20, 1992. ADOPTED. No. 194 BY: MR. ARTHUR ORDINANCE AMENDMENT - AMEND CHAPTER 6 BOARDS, COMMITTEES, AGENCIES & COMMISSIONS BY ADDING A NEW ARTICLE IX - CITY RECORDS ADVISORY BOARD The Common Council of the City of Buffalo does hereby ordain as follows: That a new Article IX Sections 6-50, 6-51, 6-52, & 6-53 be added to Chapter 6 of the Code of the City of Buffalo to read as follows: ARTICLE IX CITY RECORDS ADVISORY BOARD 6-50 Establishment; purpose There is hereby created a City Records Advisory Board, which shall work with and develop policy for the Records Management Officer. 6-51 Composition; Chairman The Board shall consist of the following: the Records Management Officer, who shall be the Chairman; the Mayor or designee; the City Comptroller or designee; the President of the Council or designee; the Corporation Counsel or designee; the Director of the Division of Data Processing or designee; the Librarian of the Buffalo and Erie County Historical Society or designee; the Director of the Buffalo and Erie County Public Libraries or designee; a person who is active in the area historic community to be appointed with the concurrence of the Mayor and the President of the Council. 6-52 Meetings The Board shall meet each month. 6-53 Duties and Responsibilities The City Records Advisory Board shall have the following duties and responsibilities: A) To set policy regarding the development of the Records Management Program and advise the Records Management Officer regarding implementation. B) To monitor the archival and records management program on an ongoing basis and advise on changes and improvements. C) To advise on the appraisal of records for archival value and be the final authority as to what is or is not archival. D) To actively support the archival and records management program and promote it among the departments and agencies of the city government and the community at large. E) To review retention periods proposed by the Records Management Officer for records not addressed by State Archival's schedule. F) To develop a broad policy which will address future technologies and needs in the record retention area and which will encompass records in electronic form. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 195 BY: MR. ARTHUR CONVENE PUBLIC HEARING ON CITY OF BUFFALO EMERGENCY MEDICAL SERVICES BOARD'S PLANS FOR AMBULANCE ZONES/SERVICE WHEREAS: On January 7, 1992 the Common Council of the City of Buffalo adopted a resolution requesting a report from the Emergency Medical Services Board regarding the distribution of "zones" to ambulance service providers (C.C.P # 60); and WHEREAS: The impetus for this resolution was the withdrawal of Gold Cross Ambulance from the City, leaving LaSalle Ambulance as the only Ambulance company serving the entire City of Buffalo; and WHEREAS: The concern over the arrangement with LaSalle, that was raised in the resolution of January 7, 1992, was that the cost and response time of ambulance service may be adversely affected by a lack of competition among ambulance service providers; and WHEREAS: At a recent Emergency Medical Services Board Meeting the issue of zone distribution was raised causing concern on the part of LaSalle Ambulance Service that: (l) their investment may be adversely impacted if other ambulance service providers are assigned zones within the City; and (2) that their ability to make plans for training and capital investment is impossible given the uncertainty that surrounds the issue of zone distribution. NOW THEREFORE BE IT RESOLVED: That this Common Council schedule a public hearing on the issue of ambulance zone distribution within the City of Buffalo; and BE IT FURTHER RESOLVED THAT: Representatives of the EMS Board, LaSalle Ambulance, Town's Ambulance, Amherst/Columbia Ambulance and all other interested parties be invited to attend this public hearing. ADOPTED. No. 196 BY: MR. ARTHUR REQUEST INFORMATION CHARTER REVISION COMMISSION WHEREAS: The Charter Revision Commission appointed by the Mayor in January 1991 is expected to release its report in August 1992; and WHEREAS: Preliminary reports indicate that the Commission's proposals will include the establishment of four year terms for all elected officials, limiting all elected officials to two terms, eliminating the Positions of Council President and one of the At-Large Council seats, limiting Common Council jurisdiction in regulating city services such as the operation of the Police and Fire Departments, and designating the Deputy Mayor, instead of the Council President, to serve as acting Mayor in times of the Mayor's absence; and WHEREAS: The preliminary recommendations are the first public pronouncements of the Commission in its 18 months of operation, which has essentially conducted its business outside of public scrutiny and void of any community input; and WHEREAS: Any Charter Revision recommendations must appear on the November ballot for approval or rejection by the electorate; and WHEREAS: As a public body, the Charter Revision Commission should make available for review the details of its operations; NOW, THEREFORE, BE IT RESOLVED: That this Common Council request that the Charter Revision Commission file with this Honorable Body a report detailing the following: -Dates of all meetings of the Commission; -Attendance at the meetings; -Minutes of all the meetings; -Details of any Public Hearings conducted, including dates, location, attendance and testimony; and BE IT FURTHER RESOLVED: That this report be filed with the Common Council prior to the filing deadline of 2pm on Thursday, August 27, 1992, in order that it be placed on the agenda for the Council's next regularly scheduled meeting of September 1, 1992; and BE IT FINALLY RESOLVED: That the City Clerk certify passage of this resolution and forward certified copies thereof to Roland R. Benzow, Chairman, and to Carl Paladino, Vice Chairman, of the Charter Revision Commission. ADOPTED. No. 197 BY: MR. BELL POSSIBLE CONFLICT OF INTEREST: PARKING FACILITIES WHEREAS: The Board of Parking contracts with three companies to provide the operation and maintenance of its city-owned parking facilities; and WHEREAS: The three companies: Buffalo Civic Auto Ramps, Allright Parking and Multiple Parking; have the same address, 335 Statler Towers; and WHEREAS; A conflict of interest could be inferred because of multiple companies sharing the same address; NOW, THEREFORE BE IT RESOLVED: That this Common Council request that the Board of Ethics investigate these three companies to determine if a conflict situation exists. ADOPTED. No. 198 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -CAPITAL PROJECTS FUND DIVISION OF DEVELOPMENT DIVISION OF PARKS 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 $6,000 be and the same is hereby transferred from various accounts in Appropriation Allotments - Division of Development and said sum is hereby reappropriated as set forth below: FROM: 200 Capital Projects Fund 71-7 - Division of Development 027 - Improvements to South Park $6,000 TO: 200 Capital Projects Fund 60-1 - Division of Parks 031 - Playground Improvements - City-Wide $6,000 PASSED. AYES- 13 NOES- 0. No. 199 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - GRANT-IN-AIDS 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 $7,305 be and the same is hereby transferred from various accounts in Appropriation Allotments - Grants-In-Aid and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 81-1 Grants-In-Aid - Human Services 709 - East Buffalo Planning and Development Council, Inc. $7,305 TO: 100 General Fund 81-1 Grants-In-Aid - Human Services 674 - A.B.L.E.Y. $7,305 PASSED. AYES- 13 NOES- 0. No. 200 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - DEPARTMENT OF COMMUNITY 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 $300 be and the same is hereby transferred from various accounts in Appropriation Allotments - Department of Community Development and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 71-0 Department of Community Development 001 - Executive Materials and Supplies 404 - Office Supplies $150 405 - Office Supplies-Inter Dept. 150 $300 TO: 100 General Fund 71-7 Division of Development 021 - Community Development Development Travel and Transportation 301 - Auto Allowance $300 PASSED. AYES- 13 NOES- 0. No. 201 BY: MR. COLLINS TRANSFER SOUTHEAST CORNER LOT OF JEFFERSON AND NORTH LAND TO BURA WHEREAS: The southeast corner lot of Jefferson and Northland is owned by the City of Buffalo and is presently vacant; and WHEREAS: AICHA Custom Home Builder of Buffalo is proposing to build two single family homes on this lot; and WHEREAS: In cooperation with the Department of Community Revitalization and BURA, the two single family units will be available with purchase subsidies for income eligible buyers; and NOW, THEREFORE BE IT RESOLVED THAT: The Common Council authorizes the Mayor to transfer title of this lot to BURA so that two single family homes may be constructed with purchase subsidies provided to income eligible buyers. PASSED. AYES- 13 NOES- 0. No. 202 BY: MR. COPPOLA PROPOSE CHANGE IN GARBAGE COLLECTION REGULATIONS WHEREAS: According to Article VII of the Buffalo Code, Collection Regulations, Section 216-15 Rules and Regulations, subsection G, "There shall be a charge for the removal of such refuse materials in excess of one and one-half (1 1/2) cubic yards or in excess of ten (10) thirty-gallon containers for each regularly scheduled collection..."; and WHEREAS: This ordinance has existed for many years, but was only recently enforced; and WHEREAS: Many apartment buildings in the City of Buffalo generate more than ten thirty-gallon bags a week; and WHEREAS: The owners of these buildings pay exorbitant taxes because of the location and square footage of their buildings; and WHEREAS: One of the mandates of a municipality is to provide services for taxation; one of the services provided by the City of Buffalo is garbage collection; and WHEREAS: Average households in the City of Buffalo generate two to four thirty-gallon bags for collection; and WHEREAS: A small apartment building containing four apartments would generate up to sixteen thirty-gallon bags and under the present ordinance, six bags would not be collected. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Commissioner of the Department of Street Sanitation review the present collection regulations in anticipation of increasing the number of bags allowed for collection or allowing another scheduled pickup when circumstances warrant. ADOPTED. No. 203 BY: MR. COPPOLA PROTEST CUTS IN HEAP PROGRAM WHEREAS: Recent actions by the House Appropriations Subcommittee on Labor, Health and Human Services and Education cut HEAP funding for fiscal year 1993 by 40%; and WHEREAS: On July 23, the full House Appropriations Committee is scheduled to meet and is expected to approve the same level of funding as the subcommittee; and WHEREAS: The Senate has scheduled hearings for the last two weeks of July; and WHEREAS: If the proposed reductions are approved, New York State funds will be reduced from $187 million to approximately $108 million; and WHEREAS: New York State's current unemployment rate is 9.3%, up from 6.6% last year; with Buffalo's current rate at 12.2%, up from 9.9% last year; and WHEREAS: According to statistics, 90% of New York State's HEAP recipients have annual incomes under $8,000, and 50% are over 60 years old or handicapped; and WHEREAS: In these times of severe unemployment, the federal government should be releasing more funds for HEAP and similar programs rather than reducing those funds. NOW THEREFORE BE IT RESOLVED THAT This Common Council of the City of Buffalo respectfully requests that the United States Congress and Senate take the necessary steps to assure that sufficient funds will be allocated to the HEAP program because of the increasing number of unemployed, as well as elderly and handicapped individuals who take advantage of this worthwhile program. BE IT FURTHER RESOLVED THAT A certified copy of this resolution be forwarded by the City Clerk to the members of the House Appropriations Subcommittee on Labor, Health and Human Services and Education, The Hon. Natcher, Mrazek, and PurseIl; the New York State members of the full House Appropriations Committee, The Hon. McHugh and Green; and the Western New York Congressional and Senate delegations. ADOPTED. No. 204 BY: MR. FAHEY CITY OF BUFFALO LOCAL LAW NO ________ (1992) INTRODUCTORY NO. 12 (1992) A LOCAL LAW amending section two hundred fifty-two of article thirteen of the charter of the city of Buffalo, in relation to deputy fire commissioners. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section two hundred fifty-two of article 13 of the charter of the city of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 252. Deputy Commissioners of Fire. There shall be at least two and no more than four deputy commissioners of fire who shall be appointed and removed as provided in this act and whose duties shall from time to time be assigned to them by the commissioner of fire. On removal, without cause, of a deputy commissioner of fire, who, at the time of his appointment as a deputy commissioner of fire was a member of the department of fire, he shall, before such removal without cause becomes effective, be restored at his request to the rank and duty which he held at the time of his appointment. Section 2. This local law shall take effect immediately. 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 CIVIL SERVICE. No. 205 BY: MR. FAHEY WAIVE FEE POLICE CHECK FOR COMPEER WEST WHEREAS, Since 1987 Compeer West has been working with children with emotional problems; and WHEREAS, Compeer matches up children who have been referred from Gateway, Connors Children Center, ECMC, etc. with adult volunteers; and WHEREAS, There are currently 55 children in the program; and WHEREAS, The screening process for becoming a volunteer includes 2 interviews, a training session and a police check; and WHEREAS, Approximately 60 volunteers are screened per year for the Compeer for Kids program whose total budget is $17,000; and WHEREAS, Since February 1992 Compeer West has been charged a $6 fee for each police check; and WHEREAS, Compeer West has assumed some of the functions of the Children's Aid and Society for the Prevention of Cruelty to Children which is exempt from paying a fee for police checks as stated in Article V of the Ordinances of the City of Buffalo Section 361-22. NOW, THEREFORE BE IT RESOLVED: That based on the foregoing information, this Common Council waives the fee for police checks for Compeer West. PASSED. AYES- 13 NOES- 0. No. 206 BY: MR. FAHEY BUFFALO WATER SYSTEM TRANSFER FINANCE AND OPERATION PUBLIC HEARING AND SEQRA REVIEW RESOLVED; that the Common Council establishes and hereby authorizes a public hearing be held jointly by and for the City of Buffalo and the Buffalo Water Board on September 2, 1992 at 7:00 p.m. in the Common Council Chambers, City Hall, Buffalo, New York for the purpose of soliciting public comment from users of the Buffalo water system concerning the proposed provisions of the financing, acquisition and operation agreements by and among the City of Buffalo, the Buffalo Municipal Water Finance Authority and the Buffalo Water Board; and be it further RESOLVED; that the Clerk be and hereby is authorized to publish notice of such public hearing at least thirty (30) days in advance of such hearing in the state register, the official newspaper of the City and the Buffalo News; and be it further RESOLVED; that the proposed provisions of the financing, acquisition and operation agreements be made available in the office of the Corporation Counsel for public inspection during regular business hours prior to such public hearing; and be it lastly RESOLVED: that the Common Council, as an involved agency under the State Environmental Quality Review Act for the City of Buffalo Water System Transfer, Finance and Operation Action described in the Environmental Assessment Form completed by the Buffalo Water Board, consent to the establishment of the Buffalo Water Board as Lead Agency for such Type I Action. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 207 BY: MESSRS. FAHEY AND AMOS BUFFALO WATER SYSTEM TRANSFER FINANCE AND OPERATION - AUTHORIZATION TO EXECUTE AGREEMENTS RESOLVED; that the Mayor be and hereby is authorized to execute the financing, acquisition and operation agreements by and among the City of Buffalo, the Buffalo Municipal Water Finance Authority, and the Buffalo Water Board as presented by the July 16, 1992 communication from the Corporation Counsel subject to such minor non-material changes as may be required by the Corporation Counsel; and be it also RESOLVED; that the Mayor, Comptroller, Corporation Counsel and other City officers as designated by the Mayor be and hereby are authorized to execute, deliver or prepare such other certificates, opinions, assignments, deeds, leases, and other documents necessary to fulfill the terms and conditions of the said financing, acquisition and operation agreements. BE IT FURTHER RESOLVED, that the attached Financing, Acquisition and Operating Agreements dated July 21, 1992 be substituted for the agreements dated July 15, 1992. REFERRED TO THE COMMITTEE ON FINANCE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 208 BY: MR. FRANCZYK and MRS. LOTEMPIO MEMORIALIZE THE STATE OF NEW YORK TO PASS A BILL REQUIRING OWNERS OF ALL PROPERTY TO OFFICIALLY RECORD PERSONAL NAMES, ADDRESSES AND PROPERTY INFORMATION WITH CODE ENFORCEMENT AGENCIES WHEREAS: The City of Buffalo has been plagued by an onslaught of property owners who have let their properties fall into serious disrepair; and WHEREAS: Efforts to contact owners concerning property compliance have been thwarted because no official names and residence records are kept and owners routinely list P.O. Boxes or alternate addresses in place of their own residences; and WHEREAS: Government agencies, the courts and concerned tenants are confronted with serious communication problems and are disadvantaged in their attempts to contact owners to deal with their property compliance; and WHEREAS: Tenants are put at risk due to serious building flaws which may exist and remain unsolved because of failed attempts by government agencies and courts to contact the elusive owners; and WHEREAS: Legally mandating a records of all property owner's names, personal addresses and description of properties to be supplied to code enforcement agencies would be a major asset in efforts to prevent owners from circumventing the system. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council memorializes the State of New York to move passage of a bill which legally mandates all property owners to officially record their names, personal addresses and building descriptions with code enforcement agencies; and BE IT FURTHER RESOLVED THAT: The City Clerk be directed to forward a certified copy of this resolution to the Clerk of the Assembly, the Secretary of the Senate and the Western New York Delegation to the State Legislature. ADOPTED. No. 209 BY: MR. FRANCZYK CENTRAL TERMINAL STUDY GROUP WHEREAS: The Buffalo Central Terminal is one of the most unique, majestic and historically significant buildings in Western New York; and WHEREAS: The Terminal, which opened its doors 63 years ago this summer, is presently a deteriorated and vandalized hulk that is a blight, a hazard, and an untapped potential asset; and WHEREAS: Despite private efforts to redevelop the Terminal in recent years, only very limited success has been attained; and WHEREAS: As we have seen with the former St. Mary of Sorrows Church and other preservation projects, a group of informed, concerned and committed activists can play a critical role in encouraging adaptive reuse of older unused buildings; and WHEREAS: While it must be acknowledged that the redevelopment of the Central Terminal is a monumental task that requires enormous financial resources, such a group could help compile data, suggest possible uses and encourage public and private investment in this historic structure. NOW, THEREFORE BE IT RESOLVED: That this Common Council establish a Buffalo Central Terminal Study Group to examine, discuss and make recommendations about the future development of the Terminal, and to advocate public and private support of this project; and BE IT FURTHER RESOLVED: That the Council requests the following individuals to serve on this panel: David A. Franczyk, Fillmore District Councilmember Bernie & Sam Tuchman, Buffalo Central Terminal Ltd. Joseph Schollard, Inspections & Community Revitalization Samuel Iraci, Community Development Richard Tobe, Erie County Environment & Planning Ronald Coan, Erie County Industrial Development Agency Andrew Rudnick, Greater Buffalo Development Foundation Timothy Tielman, Preservation Coalition John Conlin, Preservation Board Michael Fornasiero, Archivist Robert Sienkiewicz, Broadway-Fillmore NHS William Scott, Neighborhood Information Center Scott Field, Polish Community Center Kevin Keeley, Greater Buffalo Area Chamber of Commerce Marjorie Quinlan, Founder, Friends of the Central Terminal Joseph Kocsis, WNY Railroad Society Robert Wilmers, M&T Bank Gerald McDuffie, WNY Economic Development Corporation BE IT FURTHER RESOLVED: That this group be requested to select its own chair and develop its own agenda, meet on a regular basis, and inform the city of any findings and recommendations. ADOPTED. No. 210 BY: MR. FRANCZYK IMMEDIATE DEMOLITION OF "FRIENDLY INN" WHEREAS: The abandoned brick building formerly known as the "Friendly Inn" or "Friendly Tavern" at the corner of South Park and Alabama Streets is in an extreme state of dilapidation; and, WHEREAS: Brick facing on the East side of the building seems to be crumbling off, creating a hazard for pedestrians; and, WHEREAS: The Friendly Inn, in addition to being a dangerous, run down property, is surrounded by overgrown weeds and trees, which is an attraction to illegal drug sellers and users; and, WHEREAS: The property in question blights a well-kept, well maintained residential community, namely, the Old First Ward; and, WHEREAS: The Friendly Inn is reportedly on a city demolition list, but the property continues to languish, and residents are becoming upset; NOW THEREFORE BE IT RESOLVED: That the Common Council requests that the Commissioner of Inspections and Community Revitalization do everything in his power to tear down the former "Friendly Inn" at the corner of South Park and Alabama immediately; BE IT FURTHER RESOLVED: That the Commissioner of Inspections use his Emergency Demolition powers to effectuate the tearing down of the property in question if need be. ADOPTED. No. 211 BY: MR. FRANCZYK DISCIPLINE POLICE URGING CITIZENS TO MOVE OUT OF BUFFALO WHEREAS: Many areas in the City of Buffalo are being besieged with a crime wave, with increases in robberies, burglaries, assaults and other forms of violent crime. F.B.I. statistics show that there has been a 31% increase in violent crime over the last two years; and; WHEREAS: In addition to the physical and emotional trauma crime victims have to endure, an increasing number of them also have to be subjected to the arrogant and unprofessional attitude of some police officers; and, WHEREAS: An increasing number of burglary victims are being told by police officers to "move out of Buffalo;" and, WHEREAS: The most recent case of a citizen being told to move occurred following a house robbery on 7/20/92 on Peckham Street, when a police officer told the homeowner that she should "move out to where her father lives in Holland, N.Y." and, WHEREAS: This one illustration is repeated time and time again by officers who urge people to leave neighborhoods they reside in; and, WHEREAS: The City of Buffalo has been devastated by flight of the middle class to suburbia, and any further flight could cripple the city beyond repair; and, WHEREAS: The Common Council must be strongly on record condemning this constant habit of paid uniformed employees contributing to the decline of Buffalo by urging citizens to abandon their inner city and East Side neighborhoods; and, WHEREAS: The police attitude only underscores their inability to solve the crime problem: in Buffalo, which will only get worse if Buffalonians take their negative advice by packing up and moving out; NOW THEREFORE BE IT RESOLVED: That this Common Council urge the Police Commissioner to issue a directive ordering members of the Police Department to cease and desist from suggesting to Buffalo crime victims that they move out of the neighborhoods they've made a commitment to. BE IT FURTHER RESOLVED: That this Common Council supports disciplinary proceedings against any police officer who has been proven to urge Buffalonians to move out of their city or neighborhood because their area is "crime ridden" or they or their home has been victimized by crime. ADOPTED. No. 212 BY: MR. HIGGINS SETTLEMENT OF CLAIM: JAN L. UCHWAL, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF ROBERT PHIPPS, AN INFANT VS. CITY OF BUFFALO AND ANDREW DOROGI. WHEREAS, The above referenced lawsuit was scheduled for jury trial on July 13, 1992; and WHEREAS, During the course of jury selection proceedings, a settlement was reached late in the afternoon of July 13, 1992 thereby precluding this matter from being placed on the Claims Committee Agenda; and WHEREAS, By separate communication relating hereto, the Corporation Counsel has stated his reasons for recommending payment of the claim and settling such lawsuit; and WHEREAS, the plaintiffs are no longer residents of the City of Buffalo but now reside in the State of Missouri and are desirous of the settlement being confirmed so that they may return to their home; and WHEREAS, The Claims Committee of this Common Council is not scheduled to meet again until September, 1992; and WHEREAS, The Justice of the Supreme Court trying this case has requested a response from the City with respect to approval of the settlement by this Common Council; and WHEREAS, The Corporation Counsel has provided good and sufficient reason for approving such settlement and payment of the claim as set forth in the separate communication relating hereto. NOW, THEREFORE, BE IT RESOLVED: That the Corporation Counsel be, and he hereby is, authorized to settle the above referenced lawsuit in the amount of Fifteen Thousand Dollars ($15,000.00). PASSED. AYES- 13 NOES- 0. No. 213 BY: MR. HIGGINS PAYMENT OF CERTAIN SMALL CLAIMS WHEREAS, the Common Council, by item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under -Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and WHEREAS, the subject claims are eligible for consideration under the said procedure; and WHEREAS, the Department of Law has verified the validity of the claims and recommend payment thereof; NOW THEREFORE, BE IT RESOLVED: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. George M. Bernstein, M.D. Claim for services rendered to P.O. Peter Radwan who was injured on duty and required medical treatment in a prior fiscal year. $42.56 2. James Darner Claim for clothing that was damaged by hydraulic oil while performing his duties in the Department of Street Sanitation. $48.58 3. Data-Mation Claim for services rendered to the Division of Accounting in a prior fiscal year. $72.00 4. Lancaster Stone Products Corporation Claim for services rendered to the Division of Engineering in the past fiscal year. $33.20 5. Juanita Lokey Claim for a refund of an inspection fee for a certificate of occupancy for 622 East Ferry Street which never took place and was cancelled in a prior fiscal year. $25.00 6. Charles Masi Claim for a reimbursement of "Petty Cash" expenditures in a prior fiscal year. $15.00 7. Richard Mauro Claim for personal property damaged while performing his duties in the Department of Street Sanitation. $80.00 8. Huncles Means Claim for loss of garbage can. $10.00 9. Radiology Services Claim for services rendered to P.O. Raymond Vidal who was injured on duty and required medical treatment in a prior fiscal year. $31.70 10. University Radiology at ECMC, P.C. Claim for services' rendered -to P.O. Darlene Peterson who was injured on duty and required medical treatment in a prior fiscal year. $23.03 11. University Radiology at ECMC, P.C. Claim for services rendered to Firefighter, George Davis who was injured on duty and required medical treatment in a prior fiscal year. $23.03 12. Gregory R. Wagner Claim for clothing that was damaged by driveway sealer while picking up trash in the Department of Street Sanitation. $40.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 214 BY: MR. HIGGINS REQUEST FOR STATE DEPARTMENT OF TRANSPORTATION TO INCLUDE A GENEROUS PEDESTRIAN ACCESS WAY IN DESIGN OF TIFFT STREET BRIDGE WHEREAS: The planned reconstruction of the Tifft Street Bridge is a necessary transportation project with 75% of the financing provided by federal money and 25% by the City of Buffalo; and WHEREAS: This Council recently authorized permission to purchase parcels needed for right of way acquisition with funds made available from a future Department of Public Works Bond Sale; and WHEREAS: As the City's contribution and stake in the success of this project is critical, so is its responsibility to ensure the needs and safety of those who will use this roadway are met; and WHEREAS: The Tifft Street Bridge serves as the public access road between the neighboring populations and the Waterfront, Tifft Playfield and Tifft Nature Preserve. The revitalization of the waterfront focuses attention on the unique opportunity to reconstruct this roadway reflecting and respecting the multi-uses of its travelers; and WHEREAS: While a shared lane and sidewalk for bicyclists and pedestrians are included in the proposed plan, it is important to review the plan to ensure every consideration is given to clearly marked, designated and generous pedestrian and bicycle access. NOW, THEREFORE BE IT RESOLVED: That this Council requests the New York State Department of Transportation to include a generous pedestrian and bicyclists access way, clearly marked and separated for safety reasons from vehicular traffic, in the design of the Tifft Street Bridge; AND, BE IT FURTHER RESOLVED: That the City Clerk be directed to send a certified copy of this resolution to the Regional Director of the New York State Department of Transportation for a written response as to the specific plans and any consideration given to generous pedestrian and bicyclist access to the Tifft Street Bridge reconstruction project. ADOPTED. No. 215 BY: MR. HIGGINS MEMORIALIZE NEW YORK STATE ASSEMBLY AND SENATE TO AUTHORIZE TRANSFER OF TITLE TO BENNETT BEACH FROM THE CITY OF BUFFALO TO THE COUNTY OF ERIE NOW, THEREFORE BE IT RESOLVED: That this Common Council memorialize the New York State Legislature to authorize transfer title of Bennett Beach from the City of Buffalo to the County Of Erie for exclusive use as a public beach; and BE IT FURTHER RESOLVED: The City Clerk be directed to forward a certified copy of this resolution to the Clerk of the Assembly, Secretary of the Senate, and the Western New York Delegation to the State Legislature. ADOPTED. No. 216 BY: MRS. LoTEMPIO AND MR. FRANCZYK ORDINANCE AMENDMENT - AMEND CHAPTER 216 GARBAGE, RUBBISH AND REFUSE BY ADDING A NEW ARTICLE X - SOURCE SEPARATION OF RECYCLABLES The Common Council of the City of Buffalo does hereby ordain as follows: That a new Article X, Sections 216-38 through 216-53 be added to Chapter 216 of the Code of the City of Buffalo to read as follows ARTICLE X SOURCE SEPARATION OF RECYCLABLES Section 216-38 Legislative determination of intent. The reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns. The separation and collection of newspaper, paper, cardboard, glass, cans, plastic containers, vegetative yard waste and other materials for recycling from the residential, commercial, industrial and institutional establishments in the City will protect and enhance the City's physical and visual environment as well as promote the health, safety and well-being of persons and property within the City by minimizing the potential adverse effects of landfilling through reduction of the need for landfills and conservation of existing landfill capacity, facilitating the implementation and operation of other forms of solid waste management, conserving natural resources and ensuring conformance with the New York State Solid Waste Management Plan. The promotion and use of recyclable materials, goods produced from recyclable materials, and goods which facilitate recycling will further serve the same purpose. Section 216-39 Definitions As used in this Article, the following terms shall have the meanings indicated: CANS shall mean clean containers comprised of aluminum, tin, steel, or a combination thereof. CARDBOARD shall mean all corrugated cardboard normally used for packing, mailing, shipping of containerizing goods, merchandise or other material, but shall not mean wax-coated or cardboard soiled by contaminates such as oil, food waste, etc. COMMISSIONER shall mean the Commissioner of Department of Public Works and/or the Commissioner of Street Sanitation. CONSTRUCTION/DEMOLITION DEBRIS shall mean material resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads; and material consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm related cleanup. Such material includes, but is not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum, and metals that are incidental to any of the above. DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS shall mean the transportation, placement, or arrangement for transportation or placement of designated recyclable materials for all possible end uses to a permitted Material Recovery Facility- GARBAGE shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. GLASS shall mean all clear (Flint), green, and brown (amber) colored glass containers. HAZARDOUS MATERIAL or HAZARDOUS WASTE shall mean a solid waste, or a combination of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. Such materials or wastes shall include, but are not limited to, explosives, hazardous radioactive materials, toxic substances and those substances which the Commissioner has identified as a hazardous waste pursuant to the above criteria and has included on a list of hazardous waste promulgated by the Department of Public Works. INSTITUTIONAL shall mean schools, libraries, hospitals, etc. LARGE APPLIANCES shall mean stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions. MULTI-RESIDENTIAL COMPLEX shall mean five (5) or more residential units located on a single property or continuous properties under common ownership, control or management. For this purpose, RESIDENTIAL UNIT shall mean an enclosed space consisting of one or more rooms designed for use as a separate residence and shall include, but not be limited to, an apartment, condominium unit, town house cooperative unit, mobile home, living unit in a group home, and room or set of rooms in a boarding house but shall not include rooms within a single family residence, motel or hotel. NEWSPAPERS shall include newsprint and all newspapers and newspaper advertisements, supplements, comics and enclosures. PAPER shall mean all high-grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeo paper, duplication paper, magazines, paperback book, school paper-, catalogs, junk mail, computer paper, telephone books, and similar cellulose material, but shall not mean newspaper, wax paper, plastic or foil-coated paper, styrofoam, wax-coated food and beverage containers, carbon paper, blueprint paper, food contaminated paper, soiled paper, and cardboard. PERSON shall mean any individual, firm, partnership, company, corporation, association, joint venture, cooperative enterprise, trust, municipality, or other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this ordinance prescribing a fine, penalty, or imprisonment, the term PERSON shall include the officers, directors, partners, managers, or persons in charge of a company, corporation or other legal entity having officers, directors, partners, managers, or other persons in charge. PLASTIC CONTAINERS shall mean containers composed of high-density polyethylenes (HDPE), low-density polyethylenes (LDPE), polystyrene, and polyethylene terepthalate (PET) or other specific plastics as the City may designate. RECYCLABLE MATERIAL shall mean a material which would otherwise become solid waste, which can be collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or product. RECYCLABLES shall mean those recyclable materials designated by this ordinance and/or by determination of the Commissioner to be source separated. The term includes, but is not limited to, newspaper, glass, paper, cardboard, cans, plastic containers, vegetative yard waste, construction/demolition debris, large appliances, wood waste, and tires. RECYCLING shall mean any process by which materials, which would otherwise become solid waste, are collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or product. RECYCLING COLLECTION AREA shall mean any facility designed and operated solely for the receiving and storing or source-separated designated recyclable materials. RESIDENT shall mean any person residing within the City on a temporary or permanent basis, but excluding persons residing in hotels or motels. RUBBISH shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including, but not limited to, non-recyclable paper, wrappings, cigarettes, wood, wires, glass, bedding, furniture and similar materials which are not designated recyclable materials SOLID WASTE shall mean all putrescible and nonputrescible materials or substances discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including garbage, refuse, litter, rubbish, industrial waste, but not including designated recyclable materials, solid or dissolved matter in domestic sewage or substances, materials in non-containerized gaseous form or hazardous materials or waste. SOURCE SEPARATED shall mean to separate recyclable materials from the solid waste stream at the point of waste generation. TIRES shall mean the rubber coverings for a wheel which shall not be greater in size than 11.5 x 24.5. VEGETATIVE YARD WASTE shall mean organic yard and garden waste, leaves, grass clippings and brush. WOOD WASTE shall mean logs, pallets and other wood materials. Section 216-40 Requirements Applicable to Source-Separation and Collection of Designated Recyclables for the Curbside Program. All designated recyclables placed for collection at curbside, or other location, by residents for collection pursuant to the curbside programs established pursuant to this Chapter shall be prepared for collection in accordance with regulations promulgated by the Commissioner. Section 216-41 Establishment of Private Collection Program for Multi-Residential Complexes. A. In any area designated by the Commissioner of this Chapter, there is also established a program ("private collection program") for the source separation, collection and delivery of recyclable material included in the curbside program from all non-physically disabled residents of multi-residential complexes. B. The owner, manager or superintendent of every multi-residential complex subject to paragraph (A) above, shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive recyclables included in the curbside program which are generated by residents of the complex. In cases where a condominium, cooperative, homeowner or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving recyclables within 90 days. C. Once the recycling collection areas for a particular multi-residential complex have been constructed and are capable of receiving recyclables as may be included in or added to the curbside program, all nonphysically disabled residents of such complex shall source separate such materials by placing them in the appropriate containers or areas within the collection area. D. The owner, manager or superintendent of each multi-residential complex subject to paragraph (A) above, shall arrange for the collection of recyclables from the collection areas by a permitted recycler as defined in Article III of the City of Buffalo. Section 216-42 Requirements Applicable to Source Separation and Placement of Designated Recyclables in Recycling Collection Areas Designated recyclables required to be placed in recycling collection areas pursuant to Section 216-41 of this ordinance shall be prepared for collection in accordance with regulations promulgated by the Commissioner. Section 216-43 Mandatory Commercial, Industrial and Institutional Source Separation Program. A. All commercial, industrial and institutional establishments within an area of the City shall source separate and arrange for the collection for recycling of recyclables as may be included in or added to such curbside program within 90 days. B. Designated recyclables for the mandatory commercial, industrial and institutional source separation program shall consist of the following: (1) Newspaper; (2) High-grade paper, including but not limited to white letterhead paper, white bond paper, white typing paper, white copier paper, white note pad paper, white writing paper, white envelopes without glassine windows, other non-glossy white office paper without plastic, computer printout paper, computer tab cards, and white onion skin paper; (3) Magazines and catalogs; (4) Corrugated cardboard; (5) Glass containers, plastic containers, and cans generated by food and beverage service establishments; (6) Vegetative yard waste; (7) Construction/demolition debris; (8) Large appliances; (9) Wood waste; (10) Tires; (11) Other recyclable materials as designated by resolution of the City at all times thirty (30) days after said designation and publication of notice in an official newspaper of the City or a newspaper of general circulation within the City. C. The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the person who owns, manages or operates the commercial, industrial or institutional establishment at which the recyclables are generated ("generator") or the person contractually obligated to the generator to arrange for collection and disposal of its solid waste. Section 216-44 Special provision regarding vegetative yard waste. Nothing in this ordinance shall be construed as preventing any person from utilizing vegetative yard waste for compost, mulch, or other agricultural, horticultural, silvicultural, gardening or landscaping purposes. Section 216-45 Enforcement; Rules and Regulations. The Department of Street Sanitation/Public Works is authorized to enforce the provisions of this ordinance and to administer the recycling program established herein. The Commissioner of said Department may adopt and promulgate, amend and repeal rules and regulations implementing this ordinance in order to carry out and effectuate the intent and purposes thereof. Section 216-46 Unlawful Activities A. It shall be unlawful for: (1) any person, other than those persons so authorized, to collect any designated recyclable which has been placed at the roadside for collection or within a recycling collection area pursuant to this ordinance. (2) any person to violate or to cause to assist in the violation of any provision of this ordinance or any implementing rule or regulation promulgated by the Commissioner. (3) any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling collection area. B. All unlawful conduct set forth in this Section shall constitute a violation. Section 216-47 Non-collection of Solid Waste Contaminated by Designated Recyclables. The Department of Street Sanitation may refuse to collect solid waste from any person who has clearly failed to source separate recyclables designated under an applicable section of this ordinance at any solid waste disposal facility owned or operated by the City. Section 216-48 Non-Interference with Existing Contracts. A. Nothing contained in this ordinance shall be construed to interfere with or in any way modify the provisions of any existing contract in force in the City on the effective date of this ordinance. B. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this ordinance, unless renewal of such contract shall conform to the requirements of this ordinance. Section 216-49 Reporting Requirements A. All permit holders (Collection Businesses) must submit quarterly reports on the tonnages of material collected to be recycled and the tonnages of materials collected for disposal from within the City of Buffalo. B. All commercial, industrial and institutional entities within the City of Buffalo shall submit quarterly reports for all material reused and/or recycled from their businesses that are in addition to the City's list of source separated material. C. All reports are to be submitted to the Commissioner of Public Works, City of Buffalo. Section 216-50 Penalties. Any person who engages in unlawful conduct as defined in this ordinance may, upon conviction thereof, in a proceeding before a court of competent jurisdiction be sentenced to imprisonment for a term not to exceed fifteen (15) days or to a term of community service related to the purposes of this ordinance or to pay a fine of not more than Two Hundred Fifty Dollars ($250.00) and not less than Twenty-five Dollars ($25.00), or any combination of the above penalties. Section 216-51 Injunction; Concurrent Remedies. A. In addition to any other remedy provided herein, the City of Buffalo may institute a suit in equity where unlawful conduct exists for an injunction to restrain a violation of this ordinance. B. The penalties and remedies prescribed by this ordinance shall be deemed concurrent. The existence or exercise or any remedy shall not prevent the City from exercising any other remedy provided herein or otherwise provided at law or equity. C. The terms and provisions of this ordinance are to be liberally construed, so as best to achieve and effectuate the goals and purposes hereof. Section 216-52 Severability. The provisions of this ordinance are severable. If any provision of this ordinance or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision or application which can be given effect without the invalid provision or application of the ordinance. All provisions of any other local law or ordinance which are inconsistent with the provisions of this Local Law are hereby repealed. Section 216-53 Effective Date. This ordinance shall become effective September 1, 1992. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. No. 217 BY: MR. PERLA REQUEST INFORMATION ON PROMOTION AND MARKETING OF MEMORIAL AUDITORIUM WHEREAS: Memorial Auditorium, used primarily for the exhibition of sporting events, has also been a major venue for concerts, ice shows, wrestling matches, circuses, and many other types of nationally and internationally renowned entertainment events; and WHEREAS: In recent years, it appears fewer and fewer events are being presented at the "AUD" and some perennial attractions have disappeared from the slate of exhibits; and WHEREAS: Although the Buffalo Sabres have assessed that the auditorium is not entirely adequate for the hockey team's operation, the facility does provide an excellent arena for showcasing entertainment activities, especially in light of its recent renovations; and WHEREAS: Regardless of whether a new facility will eventually be built, promoting the use of the auditorium for special events to utilize the building to its full potential now would not only maximize its use for the entertainment and enjoyment of area residents, but more importantly, would raise much needed revenue for city coffers; NOW, THEREFORE, BE IT RESOLVED: The Common Council request a report from the Director of Stadium and Auditorium listing the dates, promoters, sponsors, etc., for each attraction presented in the last two (2) years; and BE IT FURTHER RESOLVED: That the report Include a financial breakdown detailing revenue generated by the city In contrast to expenses incurred by the city for each event; and BE IT FINALLY RESOLVED: That the Director also provide this Common Council with an explanation of the promotion and marketing strategy employed by the Auditorium Board for full utilization of Memorial Auditorium. ADOPTED. No. 218 BY: MR. PERLA CLARIFICATION- OF STREET SANITATION COMMISSIONER'S INTERPRETATION OF CHAPTER 216, ARTICLE VII, SECTION 216-15, PARAGRAPHS F AND G WHEREAS: Within the last two weeks, the Commissioner of Street Sanitation chose to enforce regulations for collection of garbage based upon his interpretation of the ordinances of the City of Buffalo; and WHEREAS: The Commissioner instructed work crews not to collect amounts in excess of ten containers of garbage, regardless of the capacity of the container or the volume of refuse at curbside, on the basis of his reading of Paragraph G of Chapter 216, Article VII, Section 216-15, which states "There shall be a charge for the removal of refuse materials in excess of one and one-half (1 and 1/2) cubic yards or in excess of ten (10) thirty-gallon containers for each regularly scheduled collection...."; and WHEREAS: If more than ten (10) containers of plastic garbage bags were placed at curbside for collection and the total amount of refuse was less than one and one-half cubic yards, the Commissioner of Street Sanitation is compelled by the Charter and this ordinance to cause its removal; and WHEREAS: Furthermore, neither the Charter nor the Ordinances provide for the refusal of the Street Commissioner to collect garbage at curbside if the amount of refuse material is in excess of the one and one-half cubic yard limit or the ten thirty gallon container limit; and WHEREAS: Paragraph F of the same Chapter and section states "The Commissioner of Street Sanitation shall cause to be made not less than one (1) collection per week of garbage,... and not more than three (3) such collections per week from the premises devoted to businesses, manufacturing, commercial or institutional uses or multifamily dwellings housing over four (4) families and shall remove therefrom not more than one and one-half cubic yards of such refuse from any one premises during such regularly scheduled collection..." which gives the Commissioner the option of making three regular collections in the course of one week for the stated types of properties and making additional other collections with certain conditions; and WHEREAS: Paragraph F implies that businesses, institutions and multifamily dwellings would generate more garbage than other properties and therefore may require more collections than the average property; and WHEREAS: In some cases, multifamily properties with multiple separate buildings and individual addresses were grouped together and unfairly treated like single family homes, restricted to the commissioners ten container limit despite the fact that tax levies for those multifamily properties are several times those of single family properties; and WHEREAS: At a time when city taxes have increased by 20% and city residents are paying much more for city services, it makes no sense to reduce garbage collection, the city service that can be most easily measured in quantifiable terms and the impact of which would be felt immediately, without giving any advanced notice to the taxpayers; and WHEREAS: Up to this point in time, the major criticism of the garbage collection function of the Street Sanitation Department was directed to the incentive program which allows workers to leave after the garbage in their district is collected. It follows that if workers are picking up less garbage under the Commissioner's new directive, then crews will be working even less time than they had- been previously; and WHEREAS: Forcing a reduction of the amount of garbage collection by the Street Sanitation Department promotes the use of private contractors and might be signalling the first step in the city abandoning the garbage collection operation altogether, or at the very least an attempt to cut the workforce and the equipment currently operating in the department; and WHEREAS: This Common Council, with input from the Streets Commissioner, Budget Director, Comptroller, the Unions, and the Corporation Counsel, is obligated to review the ordinances affecting garbage collections in order to remove the ambiguity by clearly defining the regulations, terms, and conditions in said ordinance and to mitigate any inequities which exist in the current regulations. NOW, THEREFORE, BE IT RESOLVED: That this Common Council request an explanation from the Street Sanitation Commissioner on the actions he has chosen to take in regard to limiting the collection of garbage; and BE IT FURTHER RESOLVED: That a special committee be established comprised of representatives of the Streets Department, Administration and Finance, the Comptroller's office, the Unions, Corporation Counsel, and this Honorable Body to review the ordinances affecting garbage collections to clarify definitions, terms, and conditions in said ordinance and to resolve inequities in the current regulations. ADOPTED. No. 219 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 20 DEPARTMENT OF POLICE 20-4- BUREAU OF ADMINISTRATIVE SERVICES The Common Council of the City of Buffalo do ordain as follows: That part of section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-4 Bureau of Administrative Services under the subheading "003 - Building and Fleet Maintenance: which reads: 3 Cleaner $18,431-20,148 9 Laborer I (Hourly) 8.26 - 9.38 is hereby amended to read: 2 Cleaner $18,431-20,148 10 Laborer I (Hourly) 8.26 - 9.38 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, RALPH V. DEGENHART, Commissioner of Police and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Cleaner position and the creation of one (1) Laborer I position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above mentioned position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 220 BY: MR. PITTS ACCEPT FUNDING - WATERFRONT SCHOOL COMMUNITY RENTAL PROGRAM WHEREAS: The Common Council first approved operation of the Waterfront Community Rental Program- at its meeting of December 27, 1983, C.C.P., Item No. 69; and WHEREAS: This program continues to be operated through the Department of Human Resources, Division for Youth, with responsibility for administration of rentals handled by the Coordinator of Lighted Schoolhouse Program; and WHEREAS: The Buffalo Urban Renewal Agency, at its meeting June 11, 1992, Item No. 31 approved funding in the amount of $36,000 for the Waterfront School Community Rental Program for the period of July 1, 1992, to June 30, 1993. NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo accepts $36,000 from the Buffalo Urban Renewal Agency for the continued operation and administration of the Waterfront School Community Rental Program and authorizes the Comptroller to expend this funding for that purpose. PASSED. AYES- 13 NOES- 0. No. 221 BY: MR. PITTS ERECT BANNER - NIAGARA STREET HISPANIC HERITAGE FESTIVAL WHEREAS: On Saturday, September 12, and Sunday, September 13, 1992, the Sixth Annual Hispanic Heritage Festival will be held In the City of Buffalo at the Father Belle Community Center, sponsored by Los Tainos Senior Citizen Organization; and WHEREAS: During the National Hispanic Heritage Month of September 1992, we will pay tribute to the Hispanic Community, whose composition of different nationalities and endeavors has enhanced and influenced life as we have come to know it In the United States; and WHEREAS: The Hispanic Heritage Festival Committee has requested permission to erect a banner across Niagara Street near Maryland Street to promote the Hispanic Heritage Festival. NOW THEREFORE BE IT RESOLVED: That this Common Council grant permission to the Hispanic Heritage Festival Committee to erect a banner across Niagara Street near Maryland Street from August 18, 1992 to September 14, 1992 promoting the Sixth Annual Hispanic Heritage Festival; and BE IT FURTHER RESOLVED: That said banner be erected in accordance with all rules and regulations that may be imposed by the Department of Public Works and the Corporation Council. PASSED. AYES- 13 NOES- 0. No. 222 BY: MR. PITTS CANCELLATION OF ASSESSMENT AT 160 MAPLE STREET WHEREAS: The City of Buffalo has assessed a charge of $50.00 to the owner of 160 Maple Street for grass cut at a Lot he owns, and WHEREAS: The owner has owned the Lot since 1988 and has placed gravel on part of the lot for parking purposes. He has also fenced in the lot!, and WHEREAS: The owner has proof that the grass portion of the lot has been cut by a neighbor. NOW THEREFORE BE IT RESOLVED THAT: The Common Council hereby approves the cancellation of the fifty dollar assessment to the owner of 160 Maple Street. REFEREED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 223 BY: MR. PITTS EXTEND BCAM BUDGET That this Common Council extend the current budget for Buffalo Cable Access Media (BCAM) through October 31, 1992; and BE IT FURTHER RESOLVED: That the City Comptroller be authorized to issue payments to BCAM, based upon requisitions, on an emergency basis during that period. ADOPTED. No. 224 BY: MR. PITTS DISCHARGE LEGISLATION COMMITTEE NOTIFICATION SERIALS-8237-8240 WHEREAS: Item 26, C.C.P. June 9, 1992 has been tabled by the Common Council's Committee on Legislation; and WHEREAS: It is no longer necessary for the item to be considered by that Committee; NOW, THEREFORE BE IT RESOLVED: That this Common Council does hereby discharge the Committee on Legislation from consideration of Item 26, C.C.P. June 9, 1992, Notification Serial Numbers 8237, 8238, 8239 and 8240. CARRIED The Item is now before the Council for its consideration. Mr. Pitts moved that Serial Number 8237 be denied and that Serial Numbers 8238, 8239 and 8240 be received and filed. Seconded by Mr. Coppola. ADOPTED. No. 225 BY: MESSRS. ZUCHLEWSKI, AMOS, BAKOS & PERLA REQUEST GOVERNOR AND STATE LEGISLATURE TO PROVIDE AN ADDITIONAL 16 MILLION DOLLARS TO THE BUFFALO BOARD OF EDUCATION WHEREAS: The City of Buffalo has had its state aid reduced by twenty five million dollars over the last two years; and WHEREAS: In difficult fiscal times, the Council made the tough decisions to correct the city's financial crisis, including layoffs, tax increases and increases in fees, which left the city unable to allocate any additional money to the Board of Education; and WHEREAS: The Board of Education is now faced with some very tough decisions of their own and is being put into the position of possibly creating 376 layoffs, which would include teachers, teacher aides, administrators, guidance counselors and others; and WHEREAS: Unless some additional state funding is forthcoming, more cuts and changes would include increased class sizes, reduction of libraries' operating hours and drastic reduction of after-school programs and sports activities; and WHEREAS: The City of Buffalo school buildings are becoming deteriorated, and the Board of Education is also being forced to cut a million and one half dollars from their capital budget. NOW, THEREFORE BE IT RESOLVED THAT: The Common Council of the City of Buffalo goes on record urging State Lawmakers to provide an additional sixteen million dollars in state aid to the Buffalo Board of Education; BE IT FINALLY RESOLVED THAT: The City Clerk be directed to forward certified copies of this resolution to the Governor of New York State, Clerk of the Assembly, Secretary of the Senate and the Western New York delegation. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 226 BY: MESSRS. ZUCHLEWSKI, AMOS, & BAKOS PROVIDE THE NECESSARY AID WHEREAS: On May 28, 1992 the City of Buffalo adopted a budget for the 1992-93 fiscal year which included a number of tough decisions to help resolve the fiscal crisis the city was in; and WHEREAS: Some of the difficult decisions made by the Council included layoffs, substantial tax increases, increases in fees, the sale of the city water system as a one time influx of revenue, and a number of cuts in services provided to the people of the City of Buffalo; and WHEREAS: The adopted 1992-93 budget also included a 1% utility tax increase which would provide an additional 4.4 million dollars for the City of Buffalo; and WHEREAS: The City of Buffalo has been left hanging on the approval of this increase after making the tough decisions and faces a potential 4.4 million dollar shortfall for the 1992-93 budget year unless the State either approves the utility tax increase or provides the City of Buffalo with the necessary financial aid to cover the shortfall; and WHEREAS: The City of Buffalo is on the road to financial recovery but also needs the cooperation from the State of New York. NOW, THEREFORE BE IT RESOLVED THAT: The Common Council of the City of Buffalo urge State Lawmakers to provide the necessary financial aid to cover the projected revenues lost from no utility tax increase; and BE IT FINALLY RESOLVED THAT: The City Clerk be directed to forward certified copies of this resolution to the Governor of New York State, Clerk of the Assembly, Secretary of the Senate and the Western New York delegation. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR, PITTS- 2. No. 227 BY: MR. ZUCHLEWSKI FELICITATIONS AND/OR IN MEMORIAMS Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for Hispanic Heritage Festival By Councilmembers Arthur, Pitts, Perla Felicitation for Alfred S. Marzec By Councilmember Fahey Felicitation for Rev. Dr. Charles R. White By Councilmember Arthur, Collins, Fahey Felicitation for Brian M. Mahiques By Councilmember Bell and the City Clerk is hereby directed to have the above resolutions framed at a cost not to exceed Seven Dollars and Fifty Cents ($7.50) each. ADOPTED. No. 228 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Carol Hairston Patrick F. McDonnell Lori-Ann Rich TOTAL: 3 ADOPTED. No. 229 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: Dawn Brownson Tyrone Hargrove Jane M. O'Bannon Hope Hoetzer-Cook Jeffrey Metz David Rodreugeuz Thomas G. Vossler TOTAL: 7 ADOPTED. UNFINISHED BUSINESS No. 230 BOND RES. - $200,000 - BROADWAY/FILLMORE AREA (ITEM NO. 199, C.C.P., JULY 7, 1992) Mr. Fahey moved that Item No. 199, C.C.P., July 7, 1992, be taken from the table. Seconded by Mr. Collins. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0. No. 231 BOND RES. - $250,000 - KINGSLEY PARK (ITEM NO. 200, C.C.P., JULY 7, 1992) Mr. Fahey moved that Item No. 200, C.C.P., July 7, 1992, be taken from the table. Seconded Mr. Collins. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0. No. 232 ADJOURNMENT On motion by Mr. Fahey Seconded by Mr. Higgins, the Council adjourned at 4:25 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.