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HomeMy WebLinkAbout92-0915 No. 17 Common Council Proceedings of the City of Buffalo Regular Meeting, September 15, 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, September 15, 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 September 1, 1992, were approved FROM THE MAYOR FROM THE MAYOR EXECUTIVE DEPARTMENTS No. 1 Appointment and Reappointment of members of the Home Improvement Advisory Board Pursuant to the powers vested in me by Chapter 144-6 of the Buffalo Code, I hereby reappoint the below listed persons as members of the Home improvement Advisory Board for term expiring on January 2, 1995: Norman Kaplan 4424 Bailey Avenue Buffalo, 14226 Paul Leone 86 McKenzie Court Cheektowaga, 14227 Pursuant to the same powers as listed above, I hereby appoint Jay B. Duderwick, residing at 335 Weimar, Buffalo, New York - 14206, as a member of the Home improvement Advisory Board effective September 2, 1992 for a term expiring January 2, 1995. Jay B. Duderwick will succeed Walter J. Przepasniak whose term has expired. I hereby certify that the above listed persons are fully qualified to serve as members of the Home improvement Advisory Board. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. FROM THE CITY PLANNING BOARD No. 2 386 Military Ave. - Pole sign. Item No. 138, C.C.P., September 1, 1992. The City Planning Board at its regular meeting held Tuesday, September 1, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place a non-illuminated freestanding sign measuring 5 feet by 10 feet wide and 9 feet in overall height. The total sign area will be 50 square feet. The site is located in an M2 zone which allows freestanding signs of these dimensions. Under S.E.Q.R., the proposed sign may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 3 1716-1750 Kenmore Ave. - Four ground signs. Item No. 139, C.C.P., September 1, 1992 The City Planning Board at its regular meeting held Tuesday, September 8, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to place four illuminated, directional, ground signs measuring 3 feet by 3 feet in width. The total area of the signs will be 36 square feet. The site is located in an MI zone which allows ground signs of these dimensions. Under S.E.Q.R., the proposed sign may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed signs. RECEIVED AND FILED. No. 4 1200 Kenmore Ave. - Illuminated pole sign. Item No. 140, C.C.P., September 1, 1992 The City Planning Board at its regular meeting held Tuesday, September 8, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an illuminated 6 foot by 8 foot wide "ID" sign with an overall height of 18 feet. The total area of the sign will be 48 square feet. The site is located in a C2 zone which allows this sign. Under S.E.Q.R., the proposed sign may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed signs. RECEIVED AND FILED. No. 5 Dept. of Public Works - Request to encroach right-of-way with doors at 5 Genesee St. Item No. 68, C.C.P., September 1, 1992. The City Planning Board at its regular meeting held Tuesday, September 8, 1992 considered the above request pursuant to Section 413.1 of the Buffalo Code, Sidewalk Encroachments. The applicant seeks to encroach in the right-of-way of a restaurant at 5-7 Genesee with two doors. The doors will cause minimum disruption in that they will flank a proposed outdoor cafe which will be reviewed at a later date. The site is located on the Theodore Roosevelt Plaza which is designated for pedestrian use. The proposed door configuration will allow for the remodeling of the existing restaurant. Under S.E.Q.R., the proposed encroachment is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed encroachment on the condition that the Dept. of Public Works concurs. RECEIVED AND FILED. No. 6 469 Parker - Abandonment and sale of a portion of right-of-way. Item No. 147, C.C.P., September 1, 1992. The City Planning Board at its regular meeting held Tuesday, September 8, 1992, considered the above request pursuant to Section 317.1 of the City Charter, Abandonment of Public Right-of-Way. The applicant is requesting that the city abandon and subsequently convey to him a 10 feet by 125 foot strip of right-of-way of Parkside Avenue at the southeast corner of Parker Avenue and Parkside Avenue. The requested piece of Parkside Avenue has been used and maintained by the owner of 469 Parker Avenue. The proposed abandonment and sale would render a clear title to his property. The proposed 1250 square foot area contains no water or sewer lines and would therefore not require the city to maintain an easement for the abandoned right-of-way. Under S.E.Q.R., the proposed abandonment is considered a Type I) action. Given this, the Planning Board voted to approve the abandonment and sale of the proposed portion of right-of-way under discussion on the condition that the Department of Public Works concurs with the abandonment. RECEIVED AND FILED. No. 7 300 Broadway - Pole sign. Item No. 136, C.C.P., September 1, 1992 The City Planning Board at its regular meeting held Tuesday, September 1, 1992, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an illuminated pole "ID" sign measuring 5 feet by 7 feet wide and 15 feet in overall height. The total sign area will be approximately 35 square feet. The site is located in a CM zone which permits freestanding signs of these dimensions. Under S.E.Q.R., the proposed sign may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed ground sign since it conforms to the sign regulations of the Buffalo Code. RECEIVED AND FILED. No. 8 768 Delaware Ave. - Screening of parking lot. Item No. 141, C.C.P., September 1, 1992 The City Planning Board at its regular meeting held Tuesday, September 8, 1992, considered the above application pursuant to Section 511-97 of the Buffalo Code, Screening Requirements. The applicant seeks to expand a parking lot with an additional 25 parking spaces. The Proposed parking lot is located in the "R5" Apartment-Hotel District and is also in a local historic preservation district. The proposed parking lot screening will consist of new boxwood hedges. Under S.E.Q.R. the proposed parking lot is a Type I action which requires a negative declaration. The Buffalo Preservation Board approved this item May 6, 1992 and issued a negative declaration. The City Planning Board voted to approve the proposed parking lot with the alternate screening mentioned above. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 9 Rezone 1-3 Heussy from "C2" to "R2" Item No. 142, C.C.P., September 1, 1992 The City Planning Board at its regular meeting held Tuesday, September 8, 1992, considered the above petition pursuant to Section 511-126 of the Buffalo Code, Amendment to the Zoning Map. The petitioner seeks to rezone 1-3 Heussy from "C2"- Community Business to "R2"- Dwelling District. The proposed rezoning is necessary for the petitioner to obtain bank financing. Under S.E.Q.R., the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed rezoning. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF PARKING No. 10 Report & Audits Board of Parking Item No. 202 CCP July 7, 1992 The Buffalo Board of Parking, an agency of the City of Buffalo, adheres to the New York State General Municipal Law, Article 5A and Sections 103 & 104 of the City of Buffalo Charter and Ordinances, in the letting of all maintenance and repair work on City ramps and surface lots. The following is a summary of bids let by the Board of Parking in the past three (3) years for parking ramps: 1990 Project Approval Bids Received 1. Relighting of the Gates Circle parking ramps Parking Bd. 6/14/90 attachment "A" 2. New Elevators/Stair Tower Restoration Gates Circle/Buffalo General Parking Bd. 9/26/90 attachment "B" 3. Elevator/Stair Tower Restore Turner Ramp Parking Bd. 10/24/90 attachment "B" 4. Eagle Parking Ramp Item #4 CCP 10/30/90 attachment "C' 5. Joint Repair Turner Parking Board 12/12/90 attachment "B" 1991 Project Approval Bids Received 1. Joint Repair Gates Parking Bd. 3/13/91 attachment "B" 2. Three Cashier Booths Parking Bd. 10/11/91 attachment "B" 3. Eagle Ramp Item No. 87, CCP 1/8/91 attachment "C" 1992 No Projects In regards to the Rapp surface lots, in 1990 and 1991, there were two separate contracts one for snowplowing and one for lawn and lot maintenance. In 1992 we combined the two services into one yearly contract. Snowplowing Attachment 1990 - F.C.L. Construction Assoc. "D" 1991 - B "n" C Snowplowing and Landscaping "E" 1992 - B "n" C Snowplowing and Landscaping "H" Maintenance 1990 Tomani's Eastern, Inc. "F" 1991 Mike's Landscaping "G" 1992 B "n" C Snowplowing and Landscaping "H" In 1991 two Rapp lots were constructed at 846 Grant and 1406 Fillmore Avenue (attachment "J") REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Report on Operation of City Parking Ramps and Surface Lots Item No. 193 C.C.P. July 7, 1992 The following is a list of all ramps and surface lots leased to Buffalo Civic Auto Ramps, Inc. Approved Item No. 99 C.C.P. 12/12/89), who retain Multiple Parking Services, Inc. as their professional parking operator (a copy of B.C.A.R's lease has been filed under separate cover by the Law Department). RAMPS SURFACE LOTS Eagle Ellicott-Oak Mohawk Aud Lots Main Place Gas Co. Lot Marine Naval Park Turner Augspurger Fernbach The following is a list of ramps operated under management contracts let by public bid with Multiple Parking Services, Inc. Gates Circle - Item No. 5 C.C.P. 7/9/88 Buffalo General - Item No. 4 C.C.P. 7/9/88 The Children's Hospital of Buffalo, as Hodge Parking, Inc. has a thirty year lease for the John C. Gallagher Sr. parking ramp, Item No. C.C.P. 12/12/72 and hires Allright Parking as its professional parking operator. Multiple Parking operates the following surface lots, let by public bid, and approved by the Common Council: LOCATION EXPIRATION ANNUAL RENTAL No. 112 C.C.P. 10/31/89 Parcel No 29 11/1/92 $ 56,043.18 Thruway Lot No. 5 11/1/92 25,178.82 No. 114 C.C.P. 4/4/89 Skyway Loop 11/1/92 $222,222.24 No. 152 C.C.P. 10/16/90 Skyway Lot No. 4 12/1/93 $ 60,606.00 No. 103 C.C.P. 7/17/90 Thruway Lot No. 4 6/1/93 $ 46,001.00 No. 95 C.C.P. 11/26/91 155 Washington St. 12/1/94 $ 49,339.20 The report on the principals of Allright Parking and Multiple parking Services, Inc., has been filed already under separate cover. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 12 E Niagara Mohawk - Semi-annual E Report- Dewey Avenue Facility Item No. 92, C.C.P. 6/23/92 Regarding the Common Councils referral of Niagara Mohawk's semi-annual report regarding progress under terms of its agreement on the handling and storage of PCB's at its Dewey Avenue facility, the Environmental Management Commission makes the following comments: While removal progress has been made, a considerable number of PCB-containing devices remain in Buffalo and in the wider area served by the Dewey Avenue Center, including a number of larger units. The utility will not have completed removal of PCB-containing devices by November 20, and will, utilizing Dewey Avenue as a shorter term storage site, continue to move the significant number of PCB's from its system to Dewey, and to handle PCB's at Dewey. While such action appears to be allowable under terms of the relevant New York State regulations, the City of Buffalo continues to have an interest in the very rapid removal of all PCB equipment, and continues to have good reason to know both what equipment remains in the City and as well what is coming and going from the Dewey Avenue Service Center. RECEIVED AND FILED. No. 13 Solicitation of Funds Application NYPIRG - New York Public Interest Research Group Item Nos. 54 and 55, 7/21/92 The Environmental Management Commission wishes to make the following comments regarding items 54 and 55 from the Common Council Proceedings of July 21, 1992. These items concern the application from Citizens Campaign for the Environment for the granting of a City license for political solicitation. The Commission makes no comment about the worthiness of Citizens Campaign for the Environment. The Commission's comments are solely based on its opposition to the idea of discretionary licenses for political solicitation. First, in the Commission's view, such a licensing process, with the possibility that an applicant might be denied a license, must be based on the unacceptable notion that a city can deny the Constitutionally protected right of free speech. Second, in the Commission's view, such a license poses the danger that, once granted, a license might be construed by citizens as City approval of money-raising efforts over which the City has no control, and which might in fact be unethical or fraudulent. The Commission appreciates the attention of the Common Council to its comments. RECEIVED AND FILED. FROM THE COMPTROLLER No. 14 Certificate of Necessity Increased Appropriation County Revenue Department of Police We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $17,000 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Department of Police to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase in the General Fund - County Revenue accounts 100-200-405-88032 - County Property Forfeitures not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, September 1, 1992 RECEIVED AND FILED. No. 15 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS EXEMPT ITEMS - WATER DEPARTMENT OF WATER We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $16,250 be transferred and reappropriated from Reserve for Capital Improvements in Appropriation Allotments -Exempt Items - Water, as set forth below: The amount 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, September 10, 1992 RECEIVED AND FILED. No. 16 Interfund Cash Loan for Capital Projects Due to changes in the Internal Revenue Code enacted in 1986, I have had to develop new procedures to implement the financing of the Capital Improvements Budget. One of these procedures is an interfund loan from the Water Operating Fund to the Water Capital Projects Fund. The interfund loan will then be repaid when Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a Water project and we will not reenter the bond market until more projects have requested funding. We are requesting that you approve an inter fund cash loan from the Water Operating Fund to the Water Capital Projects Fund in the amount of $200,000 for the reconstruction of the Clearwell Basin. The loan will be repaid when Bonds are issued. From To Account Repayment Date Total 410 Water 415 Water 415-980-081 BAN/Bond Sale $200,000 Capital Projects Mr. Fahey moved: That the communication from the Comptroller, dated August 19, 1992, be received and filed; and That the Comptroller be and he hereby is authorized to make an interfund cash loan from the Water Operating Fund to the Water Capital Projects Fund in the amount of $200,000 for the reconstruction of the Clearwell Basin, to be repaid when bonds are issued. PASSED. AYES- 12 NOES- 0. No. 17 Interfund Cash Loan Due to changes in the Internal Revenue Code enacted in 1986, I have had to develop new procedures to implement the financing of the Capital Improvements Budget. One of these procedures is an interfund loan from the City General Fund to the City, Board and Enterprise Capital Projects Funds. The interfund loan will then be repaid when Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have four requests for money to finance various projects and we will not reenter the bond market until more projects have requested funding - We are requesting that you approve interfund cash loans from the General Fund to the Capital Projects Fund in the amounts of $100,000 for City Wide Tree Planting, $50,000 for Improvements to McCarthy Park, $150,000 for King Urban Life Center, $150,000 Improvements to War Memorial Site. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen. 200 Capital Proj 200-717-010 BAN/Bond Sale $100,000 100 Gen. 200 Capital Proj 200-717-023 BAN/Bond Sale 50,000 100 Gen. 200 Capital Proj 200-717-045 BAN/Bond Sale 150,000 100 Gen. 200 Capital Proj 200-717-094 BAN/Bond Sale 150,000 Mr. Fahey moved: That the communication from the Comptroller dated August 26, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to make an inter fund cash loan from the General Fund to the Capital Projects Fund in the amounts listed in the above communication, said Ions to be repaid when bond anticipation notes or bonds are issued. PASSED. AYES- 12 NOES- 0. No. 18 Interfund Cash Loan for Capital Projects Due to changes in the Internal Revenue Code enacted in 1986, I have had to develop new procedures to implement the financing of the Capital Improvements Budget. One of these procedures is an interfund loan from the City General Fund to the City, Board and Enterprise Capital Projects Funds. The interfund loan will then be repaid when Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have four requests for money to finance various projects and we will not reenter the bond market until more projects have requested funding - We are requesting that you approve interfund cash loans from the General Fund to the Capital Projects Fund in the amounts of $250,000 Reconstruction of the Dog Pound Building, $250,000 Reconstruction of Police Headquarters, $150,000 Cleaning and Restoring of City Monuments, $1,000,000 Reconstruction of Kleinhans Music Hall, $60,000 Improvements to Area Surrounding Kleinhans Music Hall, $100,000 Reconstruction of Various Library Buildings, $130,000 Installation of Traffic Signals - 2 locations, $400,000 Purchase of Fire Fighting Vehicle, $35,000 Gus Franczyk Park Development, $200,000 St. Columbia Square Infrastructure, $140,000 improvements to Broderick Park. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen. 200 Capital Proj 200-402-099 BAN/Bond Sale $250,000 100 Gen. 200 Capital Proj 200-402-513 BAN/Bond Sale 250,000 100 Gen. 200 Capital Proj 200-402-005 BAN/Bond Sale 150,000 100 Gen. 200 Capital Proj 200-402-068 BAN/Bond Sale 1,000,000 100 Gen. 200 Capital Proj 200-402-074 BAN/Bond Sale 60,000 100 Gen. 200 Capital Proj 200-402-050 BAN/Bond Sale 100,000 100 Gen. 200 Capital Proj 200-401-006 BAN/Bond Sale 130,000 100 Gen. 200 Capital Proj 200-101-033 BAN/Bond Sale 400,000 100 Gen. 200 Capital Proj 200-717-005 BAN/Bond Sale 35,000 100 Gen. 200 Capital Proj 200-717-038 BAN/Bond Sale 200,000 100 Gen. 200 Capital Proj 200-601-040 BAN/Bond Sale 140,000 Mr. Fahey moved : That the communication from the Comptroller, dated August 18, 1992, be received and filed; and That the Comptroller be and he hereby is authorized to make inter fund cash loans from the General Fund to the Capital Projects Fund in the amounts as listed in the above communication, to be repaid when bond anticipation notes or bonds are issued. PASSED. AYES- 12 NOES- 0. No. 19 Permission to Negotiate 268 Coit, W 330' N Paderewski Vacant Land: 30' x 108' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Joyce Johnson of 270 Coit Street, Buffalo, New York to purchase the above captioned property. Ms. Johnson would like to purchase this property, which is adjacent to her 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 September 3, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Joyce Johnson, 270 Colt Street, Buffalo, New York for the private sale of 268 Colt and report to this Honorable Body the results of such negotiations. ADOPTED. No. 20 Permission to Negotiate 199 Dodge S 76.50' W Masten Land: 23.50' Assessed Valuation: $800 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Katherine L. Glenn of 197 Dodge Street, Buffalo, New York to purchase the above captioned property. Ms. Glenn would like to purchase this property, which is adjacent to her home, for extra yard space. She has been utilizing and maintaining this lot for quite some time. 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 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 September 3, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Katherine L. Glenn, 197 Dodge Street, Buffalo, New York for the private sale of 199 Dodge Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 21 Permission to Negotiate 402 Hickory W 384.85' N Broadway Lot Size: 28.75' x 138' N Assessed Valuation: Land: $ 900 Total: $9,000 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Frank Bryant, Jr. of 739 Glenwood Avenue, Buffalo, New York to purchase the above captioned property. Mr. Bryant would like to purchase this property in order to renovate and use for rental purposes. He has submitted a list of repairs and proof of his finances. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated September 10, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Frank Bryant, Jr., 739 Glenwood Avenue, Buffalo, New York for the private sale of 402 Hickory and report to this Honorable Body the results of such negotiations. ADOPTED. No. 22 Permission to Negotiate 103 Louisiana E 266.50 S South Vacant Land: 25' x 102' Assessed Valuation; $900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. & Mrs. Michael Golden, 101 Louisiana Street, Buffalo, New York 14204-2760 to purchase the above captioned property. Mr. & Mrs. Golden would like to purchase this property, which is adjacent to their 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 September 9, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. & Mrs. Michael Golden, 101 Louisiana Street, Buffalo, New York for the private sale of 103 Louisiana and report to this Honorable Body the results of such negotiations. ADOPTED. No. 23 Permission to Negotiate 49 Rohr, E 218.50' S Genesee Vacant Land: 30' x 130' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Michael Mann, 38 Linden Park, Buffalo, new York 14208 to purchase the above captioned property. Mr. Mann would like to purchase this property, which is adjacent to property he owns at 55 Rohr, in order to incorporate a garage. 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 September 2, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Michael Mann, 38 Linden Park, Buffalo, New York for the private sale of 49 Rohr and report to this Honorable Body the results of such negotiations. ADOPTED. No. 24 Results of Negotiations 418 Northampton, N 647' E Jefferson Lot Size: 30' x 117' Assessed Valuation: Land: $1,200 Total: $ 6.000 Item # 22, C.C.P. 7/21/92 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Emilio & Sandra Castillo of 16 Winter Street, Buffalo, New York 14213 to purchase the above captioned property. Mr. & Mrs. Castillo intend to convert and rehabilitate this two-family home into a single for his private residence. An independent appraisal of the property was conducted by Jerome E. Goldstein, Appraiser, Western New York Metro Jerome Realty, 1060 Ellicott Square, 295 Main Street, Buffalo, New York 14203. He has estimated the fair market value of the property to be Six Thousand Dollars ($6,000). The Division of Real Estate has investigated the sales of similar homes in the area. Sale prices range from as low as Three Thousand Dollars ($3,000) to Eight Thousand Dollars ($8,000). The property in question was acquired by the City of Buffalo through the City's In-Rem Auction in October of last year. The property is currently vacant and requires a complete interior renovation in order to make it habitable. The results of our negotiations are that Emilio and Sandra Castillo have offered and are prepared to pay Three Thousand Dollars ($3,000) for the subject property. They have also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Although the offer is somewhat less than the appraised value, I am inclined to recommend approving this sale for the following reasons: 1. There have been no serious offers for the property; 2. The longer the property remains vacant and in our inventory it will be subject to vandalism and further deterioration; 3. The property will be restored to the tax rolls. Therefore, I am recommending that Your Honorable Body approve the sale of 418 Northampton Street to Emilio and Sandra Castillo in the amount of Three Thousand Dollars ($3,000). I am further recommending that Your Honorable Body authorize the Mayor to sign the required documents for the transfer of title. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Results of Negotiations 13 Ormand Pl., N 85.63' N Daytona Vacant Lot: 33' x 42' Assessed Valuation: $500 15 Ormand PI., N 118.63' W Daytona Vacant Lot: 28' x 42' Assessed Valuation: $450 17 Ormand PI., N 146.63 W Daytona Vacant Lot: 28' x 42' Assessed Valuation: $450 19 Ormand PI., N 174.63' W Daytona Vacant Lot: 26' x 42' Assessed Valuation: $400 Item # 22, C.C.P. 9/2/86 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Ms. Rosalie M. Zglinicki of 963 Exchange Street, Buffalo, New York to purchase the above captioned properties. Ms. Zglinicki would like to purchase these properties in order to fence in the entire parcel and use for garden and recreational area. An independent appraisal of the property was conducted by Chester S. Zukowski, Arrow Appraisal Service, Inc., 3790 Broadway, Cheektowaga, New York 14227. He has estimated the fair market value of the property to be Four Hundred Dollars ($400). The date of the appraisal is September 10, 1990. At the time of the appraisal Ms. Zglinicki was unable to purchase these properties at the appraised value. Last month Ms. Zglinicki contacted our office and asked that her file be reopened. The Division of Real Estate reviewed the file and recent sales in that area. Recent sales indicate lots have been selling for between Eight Hundred Dollars ($800) and Three Thousand Dollars ($3,000). It should be noted that the lots on Ormand are not serviced by water and sewer and can only be accessed through two small alley ways. Therefore, the combining of these lots for future new home construction is not feasible. The results of our negotiations are that Ms. Zglinicki has offered and is prepared to pay One Thousand Dollars ($1,000) for the subject properties. She has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 13 - 19 Ormand Place to Ms. Zglinicki in the amount of One Thousand Dollars ($1,000). I am further recommending that Your Honorable Body authorize the Mayor to sign the required documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated September 9, 1992, be received and filed; and That the offer of Ms. Rosalie M. Zglinicki, 963 Exchange Street, Buffalo, New York in the sum of $1,000.00 (One Thousand Dollars) to purchase the property described as 13, 15, 17 and 19 Ormand Place be and hereby is accepted; and The appraisal report requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees, and cost of legal description will be paid by the purchaser; and That the mayor be authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. FROM THE COMMISSIONER OF PUBLIC WORKS No. 26 Notification Serial # 8252 PARKING METERS 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 3 of Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY LOCATION South Division from Elm Street to Michigan Avenue (north side only) Notification Serial # 8253 PARKING METERS 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 3 of Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY LOCATION Washington (east side only) from Scott Street to Perry Street Notification Serial # 8254 NO 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 24 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by REPEALING the following: NO PARKING PROHIBITED PRTN. OF HIGHWAY PROHIBITED PD DAILY Woodlawn Avenue Thursday, Friday Masten to Michigan 9 a.m. - 4 p.m. south side Notification Serial # 8255 PARKING METERS 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 3 of Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY LOCATION West Huron (north side only) between Pearl St and Main St. RECEIVED AND FILED. No. 27 Notification Serial # 8256 Police Emergency - All Way Stop Signs on Fulton at Marvin Streets STOP SIGNS 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 9 of Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Fulton Street Marvin Street RECEIVED AND FILED. No. 28 Report of Bids Heating Reconstruction East Clinton Branch Library 1929 Clinton Street I advertised for on August 25, 1992 and received the following sealed proposals which were publicly opened and read on September 8, 1992. BH Refrigeration 24,386.00 Colgate Heating Corp. 30,620.00 Kellner Mechanical 32,925.00 Buffalo Sheet Metals, inc. 34,745.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that BH Refrigeration in the amount of $24,386.00 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 200-402-050 - Division of Buildings. Estimate for this work was $30,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated, September 8, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for Heating Reconstruction, East Clinton Branch Library to BH Refrigeration, the lowest responsible bidder, in the amount of $24,386.00. Funds for this work are in the B/F 200-402-050 Division of Buildings. PASSED. AYES- 12 NOES- 0 No. 29 Change In Contract - Change Order No. 1 Water Filtration Plant - Zebra Mussel Control Contract No. 17 City Contract No. 91667200 I hereby submit to your Honorable Body the following change order with D.A. Ella Construction Corporation for work relating to the General Construction for the Zebra Mussel Control at the Water Filtration Plant. Work Item No. 4: Installation of additional pipe is required to construct modifications to the potassium permanganate system. Potassium permanganate will be injected at the intake structure for greater control by plant personnel to control zebra mussel infestation and taste and odor problems. Increase: $ 16,790.00 The above change could not be foreseen at the time the contract was let. Costs have been reviewed by the Division of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $1,225,125.00 Amount of Change Order No. 1- Increase $16,790.00 CURRENT AMOUNT OF CONTRACT $ 1,241,915.00 Funds in the amount of $16,790.00 are available in the Division of Water's 415-980-077 Account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 9, 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 D.A. Elia Construction Corporation, changes resulting in a net increase in the amount of $16,790.00, as more fully described in the above communication, for additional work relating to Water Filtration Plant, Zebra Mussel Control, Contract No. 91667200. Funds to be charged against the Division of Water's 415-980-077 Account PASSED. AYES- 12 NOES- 0. No. 30 Permission to Engage Consultant Plans and Specifications Delaware Park Site Improvement (Casino to Rumsey Road Shelter) I respectfully request Your Honorable Body's permission to engage a Consultant to prepare plans and specifications, advertise and receive sealed proposals for the Delaware Park Site Improvement (Casino to Rumsey Road Shelter). Funds for this project will be available in Capital Project Fund 200-402-522. Mr. Fahey moved: That the communication from the Department of Public Works, dated, August 27, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a Consultant to prepare plans and specifications, for the Delaware Park Site Improvement (Casino to Rumsey Road Shelter). Funds for this project will be available in Capital Project Fund 200-402-522. PASSED. AYES- 12 NOES- 0 No. 31 Kensington Viaduct Reconstruction Reimbursement, Map 5, Parcel 7, Maps 8 & 9, Parcels 10 & 11 Attached are copies of documents for the property acquisition by New York State for the reconstruction of the Kensington Viaduct. The agreements will allow the City of Buffalo to collect the $19,000.00 that has been held in escrow. May we have Your Honorable Body' s permission for the Mayor to execute all the necessary agreements. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 9, 1992, be received and filed; and That the Mayor be, and he hereby is authorized to execute all the necessary agreements for the property acquisition by New York State for the reconstruction of the Kensington viaduct, such documents relating to Map 5, Parcel 7, and Maps 8 and 9, Parcels 10 and 11. PASSED. AYES- 12 NOES- 0. No. 32 Restaurant-Dancing Class IV 1671 Seneca Street 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 1671 Seneca Street 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 Michael Monile. The report from the Police Department recommending approval is attached hereto. In consideration of the application of: Michael Monile D/B/A Dreamers Party Bar 1671 Seneca Street Buffalo, New York This request is submitted for your consideration and whatever action you deem appropriate. Mr. Fahey moved: That the communication from the Department of Public Works, dated August 31, 1992, be received and filed; and That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class IV License to Michael Monile d/b/a Dreamers Party Bar, 1671 Seneca Street, and the same be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 33 Request for Easement Through City Owned Lands 683 Jefferson Avenue In connection with the Jefferson Avenue Reconstruction Project it has become necessary for the Department of Public Works to reserve a five (5) foot wide permanent easement along the side line of a City owned parcel of land fronting on Jefferson Avenue. The use of the easement will be limited to the placement of underground utility ducts by the City of Buffalo for the purpose of providing electrical service to the street lighting system. I am herein requesting that Your Honorable Body grant the following described permanent easement to the Department of Public Works and to direct the Division of Real Estate to note the reservation of said easement on their records of city owned parcels: A permanent easement to the Division of Engineering of the Department of Public Works of the City of Buffalo for the placement, repair, operation, inspection, replacement, removal (at it's option) and maintenance of underground electrical ducts to be used exclusively for electrical service to the street lighting system and/or the traffic control system, said easement being situate in the City of Buffalo, County of Erie and State of New York in part of Lot 22, Township Il, Range 8 of the Holland Land Company Survey and more particularly described as follows: Beginning at a point in the east line of Jefferson Avenue one hundred seventy (170.00) feet north of the north line of Sycamore Street, (as now laid-out) and running thence north and along the east line of Jefferson Avenue five (5.00) feet, to a point; Running thence easterly and at right angles to Jefferson Avenue one hundred ten (110.00) feet to a point; Running thence southerly and parallel to Jefferson Avenue five (5.00) feet to a point; Running thence westerly and at right angles to Jefferson Avenue one hundred ten (110.00) feet to the point of beginning. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 4, 1992, be received and filed; and That a 5 foot permanent easement through city-owned land on Jefferson Avenue, as more fully described in the above communication, be and hereby is granted to the Department of Public Works, the use of said easement to be limited to the placement, repair, operation, inspection, replacement, removal and maintenance of underground utility ducts by the City of Buffalo, for the purpose of providing electrical service to the street lighting system and/or traffic control system; and That the Division of Real Estate be and hereby is directed to note the reservation of said easement on their records of city-owned parcels. PASSED. AYES- 12 NOES- 0. No. 34 Converting Humboldt Parkway/N. Parade Two Way Street - Between N. Hampton and Best Streets Item No. 198, C.C.P. 07/07/92 This is in reply to your resolution of July 7, 1992 to change the western portion of Humboldt Parkway to two-way. The westerly park road of Martin Luther King Jr. Park was previously posted for no thru traffic. Granting jurisdiction of a section of the park roadway to the Museum of Science and the Buffalo Board of Education was done for safety reasons. This department cannot see how the change of jurisdiction of the westerly park roadway has affected traffic since thru traffic was previously restricted in this area. Therefore, this department will not be converting the western portion of Humboldt Parkway to two-way as you requested. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 35 Mr. Pitts now took his seat in the Chambers. No. 36 Certificate of Appointment Appointment effective September 7, 1992 in the Department of Public Works, Division of Water, Salvatore Abbate, Jr. 74 Gunnell Street, Buffalo, New York 14216, to the position of Caulker, Permanent, at the starting salary of $ 23,593. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 37 Certificate of Appointment Appointment effective September 7, 1992 in the Department of Public Works Division of Water, Francis Macri, III, 2311 South Park Avenue Buffalo, New York 14220, to the position of Caulker, Permanent at the starting salary of $ 24,483 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 38 Bids-Citywide Tree Trimming 1992 Reject Low Bid This Department prepared plans and specifications and advertised for sealed proposals for the above project. Bids were opened and publicly read at 11:00 A.M. on August 25, 1992 and were as follows: ABC Tree, Shrub and Landscaping Service, Inc. $24,000 Advanced Tree Service, Inc. 27,875 The Davey Tree Expert Co. 34,266 C. Mays Tree Experts, Inc. 34,825 I herby certify that Advanced Tree Service, Inc. is the lowest responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to account 60-1 Parks 100-601-012-00-583. I hereby certify that the foregoing is a true and correct statement of all bids received. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 39 Bids-Citywide Tree Removal 1992 Reject Low Bid This Department prepared plans and specifications and advertised for sealed proposals for the above project. Bids were opened and publicly read at 11:00 A.M. on August 25, 1992 and were as follows: ABC Tree, Shrub and Landscaping Service, Inc. $59,300 C. Mays Tree Experts, Inc. 66,675 Advanced Tree Service, Inc. 74,540 I hereby certify that C. Mays Tree Experts, Inc. is the lowest responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to Account 60-1 Parks 100-601-012-00-583. Inasmuch as the funds in this account are not sufficient, we wish to negotiate a contract for $60,475, based on the unit prices submitted by C. Mays Tree Experts, Inc. I hereby certify that the foregoing is a true and correct statement of all bids received. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF FIRE No. 40 RFP- Operation of Fire Department C.C.P. # 180 9/1/92 This matter is of extreme importance, and should be expedited. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Vending Machines in Fire Houses C.C.P. # 123 9/1/92 The Buffalo Fire Department has no objections to this item as long as all licenses and permits are obtained and machines properly maintained. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Firefighter Victor Nelson Request Impartial Bd. Oversee Union Trial C.C.P. # 126 9/10/92 This is a Local 282 matter, the Buffalo Fire Department is not involved. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 43 Appt.. Acting Police Commissioner Item No. 5, C.C.P., September 1, 1992 You have asked if "there is a time frame that an individual can retain the position of Acting Police Commissioner?" Article 12, Section 221 of the Charter provides as follows: "... In the event of the death of the commissioner of police, or a vacancy in that office for any other cause whatsoever, the mayor shall appoint a commissioner of police to serve for a period not to exceed sixty days, which temporary appointment shall not be subject to confirmation by the council." RECEIVED AND FILED. No. 44 E. McLaughlin - Cancel Water Bills at 1510 Michigan Item No. 124, C.C.P., September 1, 1992 This item apparently involves a question of fact as to whether Erle McLaughlin has paid for the water used on his property. Since the Water Department is investigating the matter, the Law Department will not comment at this time. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Authorize - RFP for Operation of Fire Department Item No. 180, C.C.P., September 1, 1992 The above item has been submitted for opinion and/or recommendation. This Department does not find objection to the Request for Proposals (RFP) as submitted. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Folz Vending Co., Inc. Vending Machine In Fire Houses Item No. 123, C.C.P., 9/1/92 After the review of the attachments to Item 123, this department does not foresee any problems with the Folz Vending Co., Inc. proposal to place gumball machines at mutually agreed sites of the Buffalo Fire Department provided that the Folz Co. comply with the City's licensing requirements. REFERRED TO THE COMMITTEE ON FINANCE. No. 47 Victor Nelson - Request impartial Board - Oversee Union Trial Item No. 126, C.C.P., September 1, 1992 The above item was forwarded to this office for review and/or recommendation. It is this office's recommendation that the Common Council not intervene or participate in an internal union proceeding. In addition, be advised that Firefighter Nelson has commenced a Federal lawsuit against the City of Buffalo. As such, given this pending litigation the Common Council should take no further action relative to this item. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 48 Fire Historical Society - Request Easement 1850 William Item No. 122, C.C.P., September 1, 1992 If the Buffalo Fire Historical Society wishes an easement on city property, the organization should contact the Division of Real Estate in the Comptroller's Office. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 49 New Buffalo Industrial Park Approval of Lease Agreement Scrivner of New York Item No. 92, C.C.P., 9/1/92 At the Economic Development Committee, I was asked, if the proper procedures were followed in negotiating the proposed lease between the Buffalo Urban Renewal Agency and Scrivner which has been submitted to Your Honorable Body for approval. In my opinion, insofar as this is Buffalo Urban Renewal Agency owned property, the lease was negotiated by Mr. David Sengbusch and Ms. Marianne DeMarco within their duties as BURA employees, wad recommended by Commissioner Iraci as Vice-Chairman of BURA and was approved by BURA in conformance with the General Municipal Law. I would further note that the $100 per month lease is, in my opinion, at least equal to (using an income approach analysis) all New Buffalo Industrial Park sales previously approved by Your Honorable Body and sales of comparable industrial park properties. RECEIVED AND FILED. No. 50 Certificate Of Appointment Appointment effective September 9, 1992 in the Department of Law Lucille Breidenstein, 177 Eden St., Buffalo, NY 14220 to the position of Legal Stenographer, Temporary at the starting salary of $25,080. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 51 Willert Playground improvements I have asked for and received the following proposals for Willert Playground Improvements project on August 4, 1992: Contractor Base Bid Alt. 1 Alt. 2 American Paving $66,775 1,000 11,000 L.C.P. 74,570 2,200 12,400 Odessa 83,999 500 800 Buffalo Creek 84,144 2,625 13,239 Cemulini-Pecoraro 85,850 2,200 12,400 I, hereby certify that the foregoing is a true and correct statement of all bids received, and that American Paving and Excavating, 5880 Thompson Road, Clarence Center, New York, 14032, in the amount of $66,775, is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the City to order the works on the basis of the low bid. I also, request that you authorize the acceptance of $18,400 in block grant funds (account No. 90-15201) to be added to the funds in the bond account (No. 200-717-088) so the project can be incumbered. Once the fund transfer is complete, funds for this work will be available in Bond Fund 200-717-088. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PARKS. No. 52 Citywide Street Tree Planting Fall 1992 - Spring 1993 As authorized by Your Honorable Body item No. 72 of July 21, 1992, I advertised for received the following sealed proposals for Citywide Street Tree Planting Fall 1992 Spring 1993, which were opened and publicly read on September 9, 1992: Bidder Base Bid Gleason's Nursery, Inc. $ 81,306.00 4780 Sheridan Drive Williamsville, New York 14221 Birch Grove Landscaping 89,330.00 & Nursery, Inc. P.O. Box 117 East Aurora, New York 14052 ABC Tree Service, Inc. 92,460.00 192 Witmer Road North Tonawanda, N.Y. 14120 Pine Ridge Nursery 103,918.50 7135 Davis Road West Falls, New York 14170 Maplewood Construction Corp. 109,150.00 6440 Omphalius Road Colden, New York 14033 Designer Estimate 100,000.00 The following is a true and correct abstract of all bids received and Gleason's Nursery, Inc., is the lowest responsible bidder. Funds for this work will be available in Capital Project Account No. 200-717-010. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Gleason's Nursery, Inc., in the base bid amount of $81,306. Mr. Fahey moved: That the communication from the Department of Community Development, dated, September 9, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award contract for Citywide Street Tree Planting Fall 1992 Spring 1993, to Gleason's Nursery, Inc., the lowest responsible bidder, in the amount of $81,306.00. Funds for this project are in the Capital Project Account No. 200-717-010. PASSED. AYES- 13 NOES- 0 FROM THE COMMISSIONER OF STREETS No. 53 Certificate of Appointment Appointment effective August 31, 1992 in the Department of Street Sanitation, Paul A. Larkin, 62 Alsace Ave., Buffalo, NY to the position of Laborer II, Permanent at the starting salary of $10.25/hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 54 Exempt Erie County Department Of Social Services From Fire Report Fee Item # 148 C.C.P., September 1, 1992 The fire report fee was included as a $60,000 revenue in the 1992-93 budget as a cost recovery item or "user fee". Previously there was no charge for this service yet many valuable man-hours were devoted to providing it. This fee was intended to recover administrative costs primarily from banks and the insurance industry. However, it appears the county of Erie is the largest individual user of this service. To exempt the County of Erie from this fee would have a considerable impact on the $60,000 budgeted revenue. In addition, the City of Buffalo receives no special consideration for fees the County of Erie has established. In order to maintain a balanced budget, I would request that the Council refrain as much as possible from waiving fees it has agreed to impose. If the City is to implement a true cost recovery approach to balance the cost of services it renders it must take a very cautious approach to waiving fees such as this. RECEIVED AND FILED. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 55 Public Parking at Ellicott Mall Your approval is respectfully requested, pursuant to 511-99 of the City of Buffalo zoning ordinances, to lease the parking areas of Ellicott Mall that are adjacent to Michigan Avenue and South Division Streets to a commercial parking lot operator for the purpose of providing public parking at a rate not to exceed $2.00 per day or $3.00 per evening events. Since the lot is zoned R-4, Common Council approval is required to operate a community parking area. The BMHA solicited proposals from all major area parking lot operators and other interested parties to operate the lot for one year, with right to terminate on one month's notice by BMHA. The best proposal was received from Allright Parking in the amount of $50,532.00. The income will benefit the operation of the State low- income housing program, and the operation of the lot will be a great benefit to Erie Community College students who are in need of low cost parking due to the construction of the field house. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 56 Invoice - H-S Industrial Equipment Inc. Shelving for Record Management Program Attached please find Invoice # 045353-A for 3 sections of shelving from H-S Industrial Equipment Inc. purchased for the Records Management Program in City Hall. Originally 40 sections of shelving were ordered last fiscal year to be funded from the Grant for the Records Management Program. However, New York State reduced the amount allowing this division to purchase only 37 of the shelving units. This is an expense from the previous fiscal year and payment was held up for the 37 units because of missing shelving poles. We have now received all the poles for 40 units. I am asking that the Council send this invoice to the Claims Committee for payment and disposition. REFERRED TO THE COMMITTEE ON CLAIMS. No. 57 Authorize Payment For Translation Of Charter Revision Commission Questions For Ballot Upon receipt of the report of the Charter Revision Commission, I contacted Edward J. Mahoney, Commissioner of Elections for the County of Erie and was informed that by law I was required to present to him the questions, abstracts and text of the proposed local laws, in English and Spanish. I contacted the Bilingual office of the Board of Education for assistance in this translation, but was informed they were too busy to do the translation as had been done in the past for us. My only other recourse is to ask the International Institute to do the translation. This will entail the expenditure of approximately $850.00. Since the last day for submission to the Board of Elections is September 28, 1992, I must move quickly on this to meet the deadline. I am asking your authorization to pay for this service. Mr. Fahey moved: That the communication from the City Clerk dated September 15, 1992 be received and filed; and That the City Clerk be and hereby is authorized to make a payment in the amount of $850.00 to the International Institute for translation from English into Spanish of the Charter Revision Commission Questions for the ballot. PASSED. AYES- ARTHUR, BELL, COLLINS, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 9. NOES- AMOS, BAKOS, COPPOLA, FRANCZYK- 4. No. 58 Amendments to Charter Revision Commission Report Attached please find an amendment to the Charter Revision Commission Report, filed by that Commission in my office on September 2, 1992. This amendment expands and defines the questions proposed for the General Election in November 1992. REFERRED TO THE COMMITTEE ON LEGISLATION. AMENDMENT TO THE REPORT OF THE CITY OF BUFFALO 1991-1992 CHARTER REVISION COMMISSION ADOPTED BY THE COMMISSION AUGUST 18, 1992 Appointed by the Mayor of the City of Buffalo Amendment Adopted by the Commission and Filed with City Clerk September 2, 1992 WHEREAS, the final form of the Commission's proposed Charter Revision propositions to be placed on the November 1992 ballot was not included in the Report of the Commission filed with the City Clerk on August 27, 1992; and WHEREAS, the Commission has now prepared the final form of the propositions to be placed on the November 3, 1992 ballot in conformance with Section 36 of the Municipal Home Rule Law; NOW, THEREFORE, BE IT RESOLVED, that page twenty (20) and APPENDIX B of the Report of the Charter Revision Commission filed with the City Clerk on August 27, 1992 is hereby amended to read as follows: CITY OF BUFFALO CITY OF BUFFALO LOCAL PROPOSITION NUMBER ONE "Shall the Charter of the City of Buffalo be amended as set forth in Proposal A - Financial and Management Reforms of the Charter Revision Commission report filed with the City Clerk on August 27, 1992, as follows: * imposing residency requirements upon city employees; * allowing mayoral veto of council budget deletions and three-fourths council vote to override such veto; * requiring city comptroller recommendation for council forgiveness of local assessments; * eliminating council reconfirmation of mayoral appointments; * requiring comptroller to obtain an annual independent audit report and to submit quarterly reports to the council; * requiring an audit advisory committee; * allowing the comptroller to invest city funds in accordance with state law; * allowing the director of real estate to negotiate contracts to sell certain city real property without council approval; * allowing the police and fire commissioners to change the number, staffing and equipping of police and fire stations; * specifying the amount of bid and performance bonds for certain city contracts; * deleting charter sections referring to city offices no longer in existence; * requiring the budget director to file quarterly financial statements; * increasing the dollar limit of council approval for the preparation of public works plans, specifications and bids; * conforming the Charter with state law regarding public bidding of water main construction?" CITY OF BUFFALO LOCAL PROPOSITION NUMBER TWO "Shall the Charter of the City of Buffalo be amended as set forth in Proposal B - Civic Reforms of the Charter Revision Commission report filed with the City Clerk on August 27, 1992, as follows: * eliminating one at-large council seat and the office of city-wide elected council president, providing for a council-elected council president; * increasing the term of district council members from two years to four years; * limiting the terms of the office of mayor, comptroller and council member to two successive four year terms, allowing current incumbents one additional term; * providing for an annual, rather than biennial, organizational meeting of the council; * eliminating the penalty for the mayor failing to notify the city clerk of his absence from the state; * permitting the deputy mayor to act for and in the place of the mayor in the event of mayoral disability or absence?" APPROVED AND ADOPTED: At Buffalo New York September 2,1992 No. 59 Items Returned By Mayor Without Approval Or Disapproval I Hereby inform you that on September 1, 1992 the Common Council Passed the following item: No. Subject 48 Solicitation of Funds- Greenpeace which was presented to the Mayor on September 4, 1992. The item was returned to the City Clerk on September 14, 1992 without approval or disapproval. The above item is deemed approved effective September 15, 1992. RECEIVED AND FILED. No. 60 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- Thomas Barrett Corporation Counsel- Rose Marie Rivera, Maria L. Dines Human Resources- Diane M. Hempling, Thomas C. Aquino RECEIVED AND FILED. No. 61 Reports of Attendance Various Boards, Etc. I transmit herewith communications received by me from various Boards, Commissions, Agencies and Authorities, reporting the membership attendance at their respective meetings: Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Civil Service Commission Municipal Housing Authority RECEIVED AND FILED. No. 62 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 effective August 28,1992 in the Department of City Clerk Haleema A. Halim, 92 Ericson, Buffalo, 14215 to the position of Intern III Seasonal at the starting salary of $5.00/ per hr. No. 63 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 & CONTROL Appointment effective Sept. 2, 1992 in the Department of Audit and Control, Division of Audit, Mark D. Bidell, 39 Janet Buffalo, NY 14215 to the position of Senior Auditor, Provisional at the starting salary of $28,054. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective September 7, 1992 in the Department of Public Works, Division of Water, to the position of Caulker, Permanent at the starting salary of $20,928. Robert W. Boone, 526 E. Amherst St. Buffalo, New York 14214 Karl Hawthorn, Jr., 18 Seminole Pkwy., Buffalo, New York 14210 Appointment effective September 8, 1992 in the Department of Public Works, Division of Water, Ronald R. Balus, 100 Wheelock Street, Buffalo, New York 14206, to the position of Caulker, Permanent at the starting salary of $20,928. FROM THE DEPARTMENT OF PARKS Appointment effective September 9, 1992 in the Department of Parks, Division of Recreation, Michele M. Karlinski, 349 Walden Ave., Buffalo NY 14211, to the position of Special Service Instructor I, Seasonal at the starting salary of $6.25 per hour. Appointment effective September 9 , 1992 in the Department of Parks, Division of Recreation, to the Position of Fee Collector ,Seasonal, at the starting salary of $4.75 per hour. Mary Ann Burvid, 128 Sheffield Ave., Buffalo 14220 Jeanne Faliero, 55 Spaulding St., Buffalo 14220 William Fitzpatrick, 56 Hansen, Buffalo 14220 Teresa Hyland, 147 S. Legion Dr. Buffalo 14210 Lynn Milks, 409 Abbott Rd., Buffalo 14220 Appointment effective September 10, 1992 in the Department of Parks, Division of Recreation, Regina Barrett, 65 Riverview Pl., Buffalo, NY to the position of Fee Collector, Seasonal at the starting salary of $4.75 per hour. FROM THE DEPARTMENT OF FIRE Appointments effective Sept. 8, 1992 in the Department Fire to the position of Firefighter, Permanent, at the starting salary of $25,060. David J. Smith, 31 Sidway Street, Buffalo, New York 14210 Michael P. Senn, 99 Meriden St., Buffalo, New York 14220 Gregory M. Rapp, 610 Potomac Ave., Buffalo, New York 14222 Gerald J. Sullivan, 77 Athol Street, Buffalo, New York 14220 Jerry D. Nappo, 129 Mariemont St., Buffalo, New York 14220 Michael Bevilacqua, 858 Amherst St., Buffalo, New York 14216 Andrew J. Breier, 117 Seymour Street, Buffalo, New York 14210 Robert J. Coppola, 49 Treehaven, Buffalo, New York 14215 Terrance D. Grandy, 625 McKinley Pkwy., Buffalo, N.Y. 14220 Timothy M. Shoemaker, 274 Roesch Ave., Buffalo, N. Y. 14207 Ralph Skinner, 215 Mackinaw Street, Buffalo, New York 14204 Paul F. McMahon, 120 Tuscarora Rd., Buffalo, New York 14220 Patrick T. Donohue, 188 Columbus, Buffalo, New York 14210 David J. Schieber, 142 Sheffield, Buffalo, New York 14220 Michael D. Blas, 129 Spann Street, Buffalo, New York 14206 Patrick L. Eck, 1867 Seneca Street, Buffalo, New York 14210 James R. Snajczuk, 56 Hollywood, Buffalo, New York 14220 Raymond J. Trzaska, 39 Lester Street, Buffalo, New York 14210 John S. McKeown, 343 Newburgh St., Buffalo, New York 14215 Thomas A. Bystryk Jr., 98 Pulaski, Buffalo, New York 14206 Daniel O'Leary, 100 Ryan St., Buffalo, New York 14210 Mark Stevenson, 1118 West Avenue, Buffalo, New York 14213 David P. Roche, 17 Alsace Avenue, Buffalo, New York 14220 Thomas P. Barrett, 101 Culver Road, Buffalo, New York 14220 Robert J. Charvat, Jr., 176 Mackinaw St., Buffalo, N. Y. 14204 Robert M. O'Rourke, 196 Orlando St., Buffalo, New York 14210 Lester A. Konieczny, 240 Lewis Street, Buffalo, New York 14206 Charles R. Manley, 120 McKinley Pkwy., Buffalo, N. Y. 14220 Kevin N. Smith, 62 O'Connell Avenue, Buffalo, New York 14204 Thomas J. Sullivan, 187 Tuscarora Rd., Buffalo, N. Y. 14220 Kevin G. Higgins, 94 Turner Avenue, Buffalo, New York 14220 Timothy McLaughlin, 94 O'Connell Ave., Buffalo, N. Y. 14204 Bart Sumbrum, 49 Oakhurst, Buffalo, New York 14220 Norman G. Suarez, Jr., 535 E. Utica St., Buffalo, N. Y. 14208 Kevin E. Hines, 142 Carl Street, Buffalo, New York 14215 Eric S. Jordan, 27 Cornwall Avenue, Buffalo, New York 14215 Byron S. Wilson, 396 Cornwall Ave., Buffalo, New York 14215 William K. James, 262 Box, Buffalo, New York 14211 Michael D. Hughes, 86 West Parade, Buffalo, New York 14214 Theodore Sweeney, 19 Moeller Street, Buffalo, New York 14211 Dennis F. Crocker, 188 Roslyn, Buffalo, New York 14215 Rodney Wilkinson, 234 Woltz, Buffalo, New York 14211 Emanuel C. Cooper Jr., 48 Lark Street, Buffalo, New York 14211 Keith A. Carter, 1556 Jefferson Ave., Buffalo, New York 14208 Timothy R. Horne, 21 Dorris, Buffalo, New York 14215 Nelson Riollano, 159 Whitney, Buffalo, New York 14201 John P. Medina, 118 Camden Avenue, Buffalo, New York 14216 James R. Echeverria, 133 Cushing Pl., Buffalo, New York 14220 Shields Williams, 103 Huntington Ave., Buffalo, New York 14214 David Wright, 25 Amsterdam, Buffalo, New York 14215 Loretta A. Farrell, 20 So. Ryan St., Buffalo, New York 14210 Franklin L. Robinson, 92 Peter St., Buffalo, New York 14207 FROM THE DEPARTMENT OF LAW Appointment effective September 8, 1992 in the Department of Law Eileen C. Keller, 106 Pacific Street, Buffalo, NY 14207, to the position of Legal Stenographer, Permanent, at the starting salary of $21,533. Appointment effective September 2, 1992 in the Department of Law Asalyn DuBois, 405 Gull Landing, Buffalo, NY 14202, to the position of Law Clerk, Non-Competitive, at the starting salary of $5.63 per hour. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective August 31, 1992 in the Department of Human Resources, Division of Substance Abuse Services, Dolores Barrett, 101 Culver Road, Buffalo 14220, to the position of Substance Abuse Specialist, Provisional at the starting salary of $21,345.00 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 64 LOCAL 282-FIREFIGHTERS Request for Meeting I hereby request a meeting with the Council's Committee on the Administrative Cost and Manpower Utilization Study regarding matters discussed at today's Council meeting, as well as other mutual concerns. Please contact my office so that we may set up an appointment. I will make every effort to be available at your earliest possible convenience. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON FIANCE. No. 65 PUBLIC ACCESS POLICY BOARD Education Channel Proposal The Buffalo Public Access Policy Board at its regular meeting, Wednesday July 8, 1992, unanimously voted to recommend to the Buffalo Common Council to accept on an experimental basis the attached proposal for an educational cable television channel titled Buffalo Learning Television. We believe this proposal represents a unique opportunity to explore the possibilities of educational cable television and we request that you, through the Cable Television Committee, approach TCI of Buffalo for discussion and negotiation on making a cable channel available for this project. As you are aware, it is part of their contractual obligation to provide such channels for the express use of education and government. We also request that you consider providing the extremely modest funding necessary for this project. Thank you for your consideration. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 66 PUBLIC ACCESS POLICY BOARD Board Minutes Attached are the 9/2/92 Board minutes. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 67 S. RADFORD BMHA and The Homeless As concerned college students, we feel that there must be more honest discussions of serious issues in our city. One deeply troubling issue is the steady and dramatic increase in family homelessness, which seems to be the inevitable consequences of Buffalo Municipal Housing Authority's reduction of occupancy by 1,200 households since 1980. Which doesn't seem logical since during the same period there has been an increase in staffing and funding. The political rhetoric of "family values" must include the examination of why public housing has abandoned its mission of providing safe, affordable housing to low income families. Instead we have 14 homeless shelters, 98 homeless children each night and thousands of empty taxpayer owned and funded apartments. BMHA receives $200 monthly for each of 1,100 vacancies while taxpayers often pay $150 per night for a family of three to stay in a homeless shelter. To focus attention on this local and national injustice and waste, we request your participation in our first "liberation" of vacant public housing for homeless families. We will hold a press conference on September 11, 3 pm at 68 Carolina Street to publicize two apartments which have been vacant in the attractive 14 year old development for 13 and 19 months respectfully. Thank you for your support in this important issue. Feel free to call 851-1031 if you need more information. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY. No. 68 WESTERN NEW YORK ECONOMIC DEVELOPMENT CORP. Project Plan- Lawless Container Corp. Enclosed, please find a copy of the General Project Plan - (the "Plan") and findings for the proposed Lawless Container Corporation Industrial Effectiveness Expansion, Retention and Attraction Assistance Project Plan in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this project is scheduled for Monday, September 14, 1992 from noon to 1:00 p.m. Thank you for your cooperation. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. PETITIONS No. 69 General Portland Inc./Lafarge Corp., owner, petition to Use 575 Ohio St. for a storage building for cement REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 70 Annie Phyo and others, Favor Dance License Adventure Club- 124 Elmwood Avenue. RECEIVED AND FILED. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 71 Local Law Introductory # 12/Deputy Fire Commissioners (Item # 204 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. Mr. Pitts moved to Receive and File the item. Seconded by Mr. Collins. Mr. Fahey now moved to amend the motion to approve the item. Seconded by Mr. Bakos. PASSED. AYES- BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 7. NOES- AMOS, ARTHUR, COLLINS, COPPOLA, PERLA, PITTS- 6. No. 72 Local Law opinion/Deputy Fire Commissioners (CC) (Item # 69 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 73 Salary Ordinance Amendment 1992-93 (Item No. 6, C.C.P. June 30, 1992) That the Salary Ordinance Amendment (Chief Plumbing Inspector 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. 74 Salary Ordinance Amendment 20 Department Of Police 20-4 Bureau Of Administrative Services (Item No. 219, C.C.P. July 21, 1992) That the Salary Ordinance Amendment as contained in Item No. 219, C.C.P. July 21, 1992, be and the same is hereby is approved. PASSED. AYES- 13 NOES- 0. No. 75 Salary Ordinance Amendment 50 Department Of Human Resources 50-4 Division Of Substance Abuse Services (Item No. 192, C.C.P. Sept. 1, 1992) That the Salary Ordinance Amendment as contained in Item No. 192, C.C.P. September 1, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 76 Investigate Appointment of Deputy Director Substance Abuse (Item # 199 CCP Apr 14, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 77 Investigate Appointment of Deputy Director Substance Abuse (HR) (Item # 58 CCP Apr 28, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 78 K. Maida/Request Reinstatement as Police Officer (Item # 109 CCP Jul 7 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 79 Appointment Street Sanitation/Supervisor Street Sanitation I That Communication No 64 Mar 17, 1992 be received and filed and the Temporary appointment of Richard T. Leverentz stated above at the Maximum salary $23,368.00 effective on Mar 11, 1992 is hereby approved. PASSED. AYES- AMOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, PITTS, ZUCHLEWSKI- 8 NOES- ARTHUR, BAKOS, FRANCZYK, LOTEMPIO, PERLA- 5. No. 80 Appointment/Senior Planner/ Historic Preservation (Max) (CD) (Item # 73 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 81 Appointment Street Sanitation//Sanitation Worker That Communication No 76 Jul 21, 1992 be received and filed and the Temporary appointment of Andrew J. Kleinfelder stated above at the Maximum salary $21,875.00 effective on Jul l, 1992 is hereby approved. Mr. Pitts now moved to recommit the above item to the Committee on Civil Service. ADOPTED. No. 82 Appointment Street Sanitation//Equipment Operator That Communication No 77 Jul 21, 1992 be received and filed and the Temporary appointment of John J. Rigby stated above at the Intermediate salary $22,208.00 effective on Jul l, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 83 Appointment Stadium & Auditorium/ Superintendent of Auditorium Maintenance That Communication No 15 Sep 1, 1992 be received and filed and the Permanent appointment of Dale F. Senn stated above at the Maximum salary $30,673.00 effective on Jul 24, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 84 Appointment Community Development/Senior Planner That Communication No 93 Sep 1, 1992 be received and filed and the Permanent appointment of Thomas w. Marchese stated above at the Maximum salary $32,609.00 effective on Jul 14, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 85 Appointment Street Sanitation/Laborer II (Hourly) That Communication No 95 Sep 1, 1992 be received and filed and the Permanent appointment of Andrew J. Kleinfelder stated above at the Maximum salary $21,875.00 effective on Aug 24, 1992 is hereby approved. Mr. Pitts now moved to recommit the above item to the Committee on Civil Service. ADOPTED. No. 86 Notices of Appointments (C. Clerk) (Item # 102 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 87 Water system Transfer//Financing/Operation (CC) (Item # 66 CCP Jul. 21, 1992) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins now moved to refer the above item to the Committee of the Whole. ADOPTED. No. 88 Water Payment Structure (Item No. 195, C.C.P. July 7, 1992) That this Common Council requests the new Water Board to consider the establishment of a limitation on water arrears which, when reached, will require a negotiated payment schedule with the customer; and That the Water Board consider the establishment of a customer service department that will serve the diverse needs of all Buffalo water customers. Mr. Collins now moved to refer the above item to the Committee of the Whole. ADOPTED. No. 89 Water Payment Structure (PW) (Item # 51 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins now moved to refer the above item to the Committee of the Whole. ADOPTED. No. 90 Water Payment Structure (A&F) (Item # 85 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins now moved to refer the above item to the Committee of the Whole. ADOPTED. No. 91 Delaware Park Casino Assignment of Lease (Item No. 43, C.C.P., 7/21/92) That the Mayor be and he hereby is authorized to enter into an amendment to the lease agreement with Parker Bay Consultants, Inc. ("Parker Bay") for the Delaware Park Casino such that Parker Bay may assign its interest in such lease to a corporation under the control of Albert J. Gilewicz, provided, however, that no further assignments shall be authorized by such amendment, and the form and content of such amendment shall be approved by the Corporation Counsel. Mr. Collins now moved to recommit the above item to the Committee on Finance. ADOPTED. No. 92 Report of Auction - 421 Best, Former Hook & Ladder # 6 & Engine House # 21 (Item No. 114, C.C.P., Apr. 28, 1992) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Collins moved: That the offer of P.B.L. Holdings, Cosimo S. Polino, Jr., of 1008 Main Street, Buffalo, New York, in the sum of $42,000.00 (Forty-Two Thousand Dollars) to purchase 421 Best, Former Hook 7 Ladder # 6 & Engine # 21, be and hereby is accepted; and That the transfer tax, recording fees, and cost of legal description, if any, 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. Mr. Pitts now moved to receive and file the above item; seconded by Mr. Fahey. ADOPTED. AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12 NOES- AMOS- 1 No. 93 Sam Kaledm Hassari- Offer To Purchase 275 Jefferson (Item No. 107, C.C.P., July 7, 1992) That the Comptroller be, and he hereby is authorized to negotiate with Sam Kaledm Hassari, d/b/a Buffalo Discount Liquor Store, 279 Jefferson Avenue, Buffalo, New York for the private sale of 275 Jefferson and report to this Honorable Body the results of such negotiations. ADOPTED. No. 94 Request To Purchase 275 Jefferson (Compt) (Item # 29 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Offer To Purchase 275 Jefferson (CC) (Item # 79 CCP Sep 1, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 96 Waiver Of Performance Bond Lads Pet Supplies For Contract (Item No. 107, C.C.P. Sept. 1, 1992) That the Commissioner of General Services be, and hereby is authorized to waive the requirement for a performance bond for Lads Pet Supplies, 1391 Wisconsin Road, Derby, New York, the only bidder for dog food for City of Buffalo, agencies and authorities. Mr. Collins now moved to receive and file the above item. ADOPTED. No. 97 Exempt ECDSS from Fire Report Fee (Item # 148 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR - 1. No. 98 W. Ward/Cancel Tax Lien/210 Melrose (Item # 110 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 99 Cancel Tax Lien/210 Melrose (Compt) (Item # 35 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 100 Cancel Tax Lien/210 Melrose (Assmt) (Item # 41 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 101 Cancel Tax Liens/Melrose/Maple (CC) (Item # 81 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 1963 Elmwood Inc./Status Of Tax Abatement (Item # 103 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Status Of Tax Abatement/1963 Elmwood (CC) (Item # 80 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Unpaid PILOT Payments (Compt) (Item # 32 CCP Jul 21, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 105 Unpaid PILOT Payments (Assmt) (Item # 39 CCP Jul 21, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 106 Stone Removal - 119 LaSalle (Item No. 84, C.C.P., 6/23/92) That the proper officers of the City of Buffalo be, and they hereby are, authorized to enter into an agreement with Frank Attardo which shall permit Mr. Attardo to remove, without charge, stone and other waste material located oat 119 LaSalle on the conditions that Mr. Attardo indemnify the City from all loss or liability occasioned thereby and that Mr. Attardo provide evidence of workers compensation insurance and public liability insurance naming the City as additional insured, all of which shall be acceptable to the Corporation Counsel. PASSED. AYES- 13 NOES- 0. No. 107 F. Attardo-Removal Of Stone/119 LaSalle (Compt) (Item # 22 CCP Jul 7, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 108 Removal Of Stone-119 LaSalle (CC) (Item # 57 CCP Jul 7, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 109 Removal Of Stone-119 LaSalle (Sts) (Item # 74 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Removal Of Stone-119 LaSalle (STS) (Item # 94 CCP Sep 1, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 111 Claims/Inventory & Stores/Printing For Council (C. Clerk) (Item # 111 CCP Sep 1, 1992) That the above mentioned item be and the same is hereby referred to the Claims Committee. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 112 Proposed Landmark Designation-Saints Peter & Paul Orthodox Church 45 Ideal Street (Item No. 12, C.C.P., July 21, 1992) That after a public hearing held by the Committee on Legislation on September 8, 1992, Saints Peter & Paul Orthodox Church at 45 Ideal Street be designated as a local historic landmark, pursuant to Section 8 of Chapter 337 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Board and its Landmark Designation Committee which reports are hereby approved and adopted; and That this designation is made in accordance with the criteria set forth in the Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be and hereby is directed to file the property description with the City Clerk, the Director of the Planning Board and with the Department of Public Works; and That the Corporation Counsel be and hereby is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED. AYES- 13 NOES- 0 No. 113 Polish Community Center Of Buffalo, Inc., Petitioner, To Rezone 104-132 Lewis Street From M2 To R3 For Low-Rise Apartments For Senior Citizens (Item No. 111, C.C.P. July 21, 1992) That the Common Council of the City of Buffalo do ordain as follows: That pursuant to Subdivision of Section 22 of Chapter LXX of the Ordinances of the City of Buffalo (Zoning Ordinance) as relates to the Use Map thereof, is hereby amended to show a "R3" instead of a "M2" for the premises known as 104-132 Lewis Street, Buffalo, New York, and described as follows: Beginning at a point at the southwest intersection of Lewis and Lyman Streets, running 300 feet south along the western line of Lewis Street; running thence 106 feet westerly and parallel with Lyman Street; running thence northerly and parallel with Lewis Street 300 feet; running thence easterly along the southerly line of Lyman Street to the point of beginning. This rezoning shall be effective providing the following condition is met: A certified copy of this rezoning is filed in the Erie County Clerk's Office and notice of such filing is submitted to the City Clerk. APPROVED AS TO FORM: Laurence K. Rubin Corporation Counsel PASSED. AYES- 13 NOES- 0 No. 114 Environmental Assessment Form Polish Community Center - 104-129 Lewis Street (Item No. 88, C.C.P., Sept. 1, 1992) That Item No. 88, C.C.P., September 1, 1992 "Polish Community Center - Petition to rezone 104-120 Lewis Street from M2 to R3 (R5)" 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). Having made an independent assessment of one 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. 115 Polish Community Center/Rezone 104 Lewis (CPBD) (Item # 11 CCP Sept. 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Polish Community Center/Rezone 104 Lewis (CD) (Item # 89 CCP Sep 1, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 117 Mister Pizza, Petition To Use 2368 Seneca Street To Expand Existing Sit-In Restaurant (Item No. 112, C.C.P. July 21, 1992) That after a public hearing before the Committee on Legislation on September 8, 1992, the petition of Mister Pizza, for permission to use 2368 Seneca Street to expand an existing sit-in restaurant be and hereby is approved. PASSED. No. 118 Environmental Assessment Form Mr. Pizza To Expand Restaurant At 2368 Seneca Street (Item No. 90, C.C.P., Sept. 1, 1992) That Item No. 90, C.C.P., September 1, 1992 "Mr. Pizza - Request to expand an existing restaurant at 2368 Seneca 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 1) and by the City Planning Board (Part II). 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. 119 Mr. Pizza/ Use 2368 Seneca (CPBD) (Item # 12 CCP Sep 1, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 120 Erie County Industrial, Owner, Petition To Use 184 Amherst Street For A Pole Sign (Item No. 134, C.C.P. Sept. 1, 1992) That after a public hearing before the Committee on Legislation on September 8, 1992, the petition of Erie County Industrial, owner, for permission to use 184 Amherst Street for a pole sign be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 121 Maria Uzlyan, Petition To Use 1781-1791 Hertel Avenue For A Take-Out Restaurant (Item No. 135, C.C.P. Sept. 1, 1992) That after a public hearing before the Committee on Legislation on September 8, 1992, the petition of Maria Uzlyan, for permission to use 1781-1791 Hertel Avenue for a takeout restaurant be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 122 Rapid Ray's Printing - Petition To Use 300 Broadway For A Pole Sign Item No. 136, C.C.P., Sept. 1, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That after a public hearing before the Committee on Legislation on September 8, 1992, the petition of Rapid Ray's Printing, to use 300 Broadway for a pole sign be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 123 American Brass, Petition To Use 386 Military For A Pole Sign (Item No. 138, C.C.P. Sept. 1, 1992) That after a public hearing before the Committee on Legislation on September 8, 1992, the petition of American Brass for permission to use 386 Military for a pole sign be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 124 Benenson Capital Co., Owner, Petition To Use 1716-1750 Kenmore For A Pole Sign (Item No. 139, C.C.P. Sept. 1 1992) That after a public hearing before the Committee on Legislation on September 8, 1992, the petition of Benenson Capital Co., owner, for permission to use 1716-1750 Kenmore Avenue for a pole sign be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 125 Timothy & Diane Sharry, Owners, Petition To Use 1200 Kenmore For A Pole Sign (Item No. 140, C.C.P. Sept. 1, 1992) That after a public hearing before the Committee on Legislation on September 8, 1992, the petition of Timothy and Diane Sharry, owners, for permission to use 1200 Kenmore for a pole sign be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 126 N.A.S. Quick Sign/Use 184 Amherst (CPBD) (Item # 14 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Designate 44 Breckenridge As Landmark (Item # 137 CCP Oct 29, 1991) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola now moved to recommit the above item to the Committee on Legislation. ADOPTED. No. 128 Restaurant/Dancing License/2391 Fillmore (PW) (Item # 56 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Restaurant/Dancing License/124 Elmwood (PW) (Item # 49 CCP Sep 1 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 P. Milligan/Favor Dance License 124 Elmwood (Item # 145 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 J. Lipsitz/Oppose Dance License 124 Elmwood (Item # 146 CCP Sep 1 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Solicitation Of Funds Application CCE Citizens Campaign For The Environment Item No. 55, C.C.P., July 21, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved to recommit the above item to the Committee on Legislation. ADOPTED. No. 133 Abandonment Of 15' Portion Of Tyler Park Item No. 28, C.C.P., July 21, 1992 That the Comptroller be and hereby is authorized to negotiate with the American Legion Post # 64, 1770 South Park Avenue, for the transfer of a 15 foot by 127.70 foot portion of Tyler Park, as more specifically described in the attached description. This transfer is for the purpose of accommodating handicapped access to the American Legion building. That the Common Council hereby seeks to change the use of land consisting of a 15 foot by 127.70 foot portion of parkland known as Tyler Park for purposes of development as described above; and That the Common Council seek authorization from the State of New York for the City of Buffalo to discontinue the use of this designated parkland for the purpose of accommodating handicapped access to the American Legion Post # 64; and That the New York State Legislature be memorialized to discontinue the use of said parcel as parkland; and That a copy of this memorialization be sent to members of the Western New York delegation and to the leadership of the New York Legislature. PASSED. AYES- 13 NOES- 0. No. 134 904 Elmwood - Requests Permission To Install A Sidewalk Cafe Item No. 52, C.C.P., July 21, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved to recommit the above item to the Committee on Legislation. ADOPTED. No. 135 M. Thomasula/Easement 904 Elmwood (CPBD) (Item # 13 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 F. Palumbo- Oppose Development/ 526 Niagara For Apartments (Item # 113 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Assignment Of Lease/Delaware Park Casino (CC) (Item # 77 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Local Law # 4/Minority Business Utilization (Item # 161 CCP Mar 3, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Ordinance Amendment - Amend Chapter 6 Boards, Committees, Agencies & Commissions By Adding A New Article IX City Records Advisory Board (Item No. 194, C.C.P. July 21, 1992) That the Ordinance Amendment as contained in Item No. 194, C.C.P. July 21, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 140 Notification of Disposition of City Records (C. Clerk) (Item # 96 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Feasibility Study/Underground Parking For Zoo (Item # 161 CCP Apr 28, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Request Inspection/95 W. Humboldt (Zng. Bd.) (Item # 63 CCP Apr 28, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Request for Inspection/95 W. Humboldt, Etc. (ICR) (Item # 74 CCP May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Legality Of Use 95/121 Humboldt (CC) (Item # 68 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 O'Neil/Noise/Health Complaint-Walter St. (Item # 93 CCP Jun 23, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 O'Neil/Complaints on Walter St. (ICR) (Item # 103 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 G. Milas/Complaints Loud Music/1255 Broadway (Item # 109 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 G. Milas/Additional Complaints/1255 Broadway (Item # 125 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 K. Blackford/Complaints Of Property/2474 Main (Item # 101 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 K. Blackford/Complaints Main/Greenfield (ICR) (Item # 104 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Z. Green & Others/Request Closing Of Store 431 Leroy (Item # 115 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Complaints/Conditions LaSalle Park (BSA) (Item # 88 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Complaints/Conditions LaSalle Park (BSA) (Item # 89 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 USHUD/Fair Housing Complaint Against Council (Item # 133 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 J. Fehr/Complaints/Crawdaddy's Restaurant (Item # 130 CCP Sep 3, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 Rescind Pavilion Permit/Crawdaddy's (Item # 150 CCP Oct 29, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 157 Rescind Crawdaddy's Permit (CC) (Item # 42 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 158 Rescind Crawdaddy's Permit (CD) (Item # 76 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 159 Erie County Executive/Title To Bennett Beach (Item # 106 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Niagara Mohawk/PCB Phaseout Report/Dewey Ave. (Item # 130 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Parking Regulations/Linwood (A&F) (Item # 66 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 Remove Parking Deters/Various Districts (A&F) (Item # 90 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 Adoption Of City Departments By Businesses (CC) (Item # 60 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 J. Bozer/Hazardous Household Materials Collection Site (Item # 78 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 Hazardous Household Materials Collection (PW) (Item # 40 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 Hazardous Household material Collection (EMC) (Item # 11 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Appointment Of Commissioner Of Police (Item No. 5, C.C.P., Sept. 1 1992) That the appointment of Richard T. Donovan, residing at 57 Susan Lane, Buffalo, New York 14220 as Commissioner of Police of the Department of Police of the City of Buffalo, effective immediately, be and hereby is confirmed. ADOPTED. * AYES- 12 NOES- 0 *This item was taken out of order and Mr. Pitts was not present at that time. No. 168 Appointment Of Member Of BMHA (Mayor) (Item # 6 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 Reappointment Of Member Of Board Of Ethics (Item No. 8, C.C.P., Sept. 1 1992) That the appointment of James M. Lanz, 217 Huntington Avenue, Buffalo, New York as a member of Board of Ethics for a term expiring September 4, 1997, be and hereby is confirmed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 170 L.D.A. - Waterfront Redevelopment Project- Parcels 19 & 19D (Item No. 91, C.C.P., September 1, 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- Maria Scinta, BURA Patrick Holtsman, Columbus Hospital Mr. Fahey moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. Mr. Fahey moved that: WHEREAS, the Buffalo Urban Renewal Agency has duly designated Buffalo Columbus Hospital, and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal 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 Buffalo Columbus Hospital, 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 Waterfront Redevelopment Project NYR-35. 2. That the Mayor, Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to convey the land described in the proposed "Land Disposition Agreement" to Buffalo Columbus Hospital, and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. *AYES- 12 NOES- 0. *Mr. Arthur stated that he is a member of the Board of Directors of Columbus Hospital. **This item was taken out of order and Mr. Pitts was not present at that time. No. 171 L.D.A. - Stadium Heights New Housing- BBZ Development (Item No. 98, C.C.P., September 1, 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. Perla 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. Perla. CARRIED. Mr. Fahey moved that: WHEREAS, The Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated BBZ Development Company, M. J. Peterson Development Corp. and Phase III Paul Development Co., 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 WHEREAS, the proposed Land Disposition Agreement (LDA) has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and WHEREAS, BURA and Redeveloper have requested to amend said LDA to change the location of the homes to be built by the project to the property as described below, NOW, THEREFORE, BE IT RESOLVED: (1) That the Land Disposition Agreement by and between The City of Buffalo Urban Renewal Agency and BBZ Development Company, M. J. Peterson Development Corp. and Phase III Paul Development Co., Inc. shall be amended as follows: a.) Amend Schedule "A" as attached hereto to include the following: 1309-1321 Michigan 3 units 1297-1303 Michigan 1 unit 1201-1209 Michigan 2 units 1243-1245 Michigan 1 unit 1367-1373 Michigan 2 units 1388-1390 Michigan l unit 1410-1414 Michigan 1 unit 124-134 Riley 2 units 94-106 East Utica 2 units 148-150 East Utica 1 unit 186-190 East Utica 1 unit 158-160 Laurel 1 unit 292-296 Masten 1 unit 340 Masten 1 unit 291-299 Masten 2 units b.) All terms and provisions not included in this Amendment shall remain unchanged and shall remain in full effect. (2) That BBZ Development Company, M. J. Peterson Development Corp. and Phase III Paul Development Co., Inc. and/or other legal entity to be formed is hereby approved as the Redeveloper for Community Wide Urban Renewal Homestead Program and that this amendment is hereby approved. (3) 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 amended "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 and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey said land so described in the subject LDA to said Redeveloper. PASSED. *AYES- 12 NOES- 0. *This item was taken out of order and Mr. Pitts was not present at that time. No. 172 New Buffalo Industrial Park Portion Of Disposition Parcel 5 - Approval Of Lease Agreement -Scrivner Of New York, Inc. (Item No. 92, C.C.P. Sept. 1, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That after a public hearing before the Committee on Economic Development on September 9, 1992 the Lease of New Buffalo Industrial Park, Portion of Disposition Parcel 5 between the City of Buffalo Urban Renewal Agency and Scrivner of New York, Inc., which the Agency has designated as being qualified and eligible, be and hereby is approved. PASSED. *AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- FAHEY- 1. *This item taken out of order and Mr. Pitts was not present at that time. No. 173 Oak Street Redevelopment Urban Renewal Plan Amendment, Parcel 8A2 (Item No. 185, C.C.P., July 21, 1992) That the Oak Street Redevelopment Urban Renewal Plan, approved Item No. 170, C.C.P., May 5, 1970, as amended, be and hereby is further amended to change the use of Parcel 8A2 from "residential" to "Hospital Medical Service" to permit the construction of a 40,000 square foot off ice building which shall serve as the corporate headquarters for Home Care Support Services, Inc., and other related uses such as adult and child day care centers, and a wholesale pharmacy business; and That this amendment shall affect only the Disposition and Land Use Plan Maps no modifications to the narrative portion of the Urban Renewal Plan being required; and That this approval is conditioned upon receipt of a report identifying replacement housing within sixty (60) days. PASSED. AYES- 12 NOES- 0. *This item was taken out of order and Mr. Pitts was not present at that time. No. 174 Environmental Assessment Form Oak Street Redevelopment Urban Renewal Plan Amendment (Parcel 8A2) (Item No. 186, C.C.P., July 21, 1992) That Item No. 186, C.C.P., July 21, 1992 "Oak Street Redevelopment Urban Renewal Plan Amendment (Parcel 8A2)" 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). 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. 175 Oak St. Urban renewal Plan Amendment (CPBD) (Item # 187 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. TAYLOR LAW IMPASSE HON. GEORGE K. ARTHUR CHAIRMAN No. 176 Fact Finder Report-Local 650 (Item No. 4, C.C.P., July 21, 1992) That the above item be, and the same hereby is returned to the Common Council without recommendation. That the Special Committee on Taylor Law Impasse now recommends for approval the following six (6) items: 1. Three (3) days extra pay per year for employees unable to take advantage of the summer hours provided in the Local 650 contract. 2. Employees temporarily transferred or assigned to the duties of a higher position for one day shall be paid for all such work either his current rate of pay or the increment level of the higher position corresponding to his own, whichever is greater. The Common Council shall receive notification of said out-of-title payment at the same time as the Division of Audit and Control. 3. Increase auto allowance from $6.25 per day to $7.00 per day. 4. Allow an employee to waive health insurance coverage and obtain reimbursement of $60.00 per month if the employee has coverage through other employment or retirement. 5. Pro-rate longevity payments at retirement or death. 6. Each employee who has completed the years of service set forth in Column I below shall receive annually, in addition to his salary, the payment set forth in Column II: COLUMN I COLUMN II 5 years $ 260.00 10 years 585.00 15 years 910.00 20 years 1,235.00 25 years 1,560.00 This shall be retroactive to July 1, 1991. Mr. Fahey moved to received and file the above amendments to the Fact Finder's report; Seconded by Mrs. LoTempio. LOST. AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 6 NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PERLA, PITTS- 7 Mr. Coppola now moved to approve the Fact Finder's Report as amended; Seconded by Mr. Pitts. ADOPTED. AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PERLA, PITTS- 7. NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 6. RESOLUTIONS No. 177 BY: MR. ARTHUR HEARING - REVIEW OF DOWNTOWN ZONING REGULATIONS WHEREAS: Pursuant to Section 511-79 of the Ordinances of the City of Buffalo, the Common Council, prior to December 18, 1992, is required to review the downtown zoning regulations, and WHEREAS: To review the effectiveness of these regulations to date, and to determine whether this Council should Reenact, Modify or Repeal such regulations, it is necessary to hold a public hearing, now therefore BE IT RESOLVED: This Common Council directs the City Clerk to publish a Notice of Hearing for the Review of the Downtown Zoning Regulations, to be held by the Committee on Legislation, on Tuesday, September 22, 1992 at 2:00 P.M., and BE IT FURTHER RESOLVED: This Council will undertake a full review of the effectiveness of the regulations contained in Section 511-72, relating to the Residential Restricted District and after such review will make a determination to Reenact, Modify or Repeal such regulations. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. No. 178 BY: MR. BELL NATIONAL FUEL - INCOMPLETE WORK WHEREAS: In recent weeks the National Fuel Gas Company has been installing new gas lines on Fillmore avenue between Glenwood avenue and Northampton Street; and WHEREAS: During the installation period, an unbelievable amount of noise, dirt, and dust created hazardous conditions for both pedestrians and vehicular traffic; and WHEREAS: Various empty lots along the site were used for staging areas for stone and other fill materials; and WHEREAS: Some of the lots were used as dumping grounds for pavement and dirt which was dug up during the installation process; and WHEREAS: Three weeks have passed since the construction company left the Fillmore avenue site, and the condition of the sidewalks and streets is unsafe and unacceptable; and WHEREAS: National Fuel is constantly tearing up various streets throughout the city and showing little concern for the damage they create in their so called updating of gas lines; and NOW, THEREFORE BE IT RESOLVED THAT: The Department of Public Works and Inspections and Community Revitalization review and inspect the quality of work done by National Fuel on Fillmore Avenue; and BE IT FURTHER RESOLVED: That an immediate effort should be made to reconcile this disregard for neighborhood safety and sanctity, replace sidewalks and streets in their original condition, remove all staging materials placed on lots in this area; and BE IT FINALLY RESOLVED THAT: If no immediate response is given to this community concern that the Corporation Council's office take legal action against National Fuel Gas Company for the shoddy and inconsiderate workmanship displayed in the replacement of gas lines on Fillmore Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF INSPECTIONS & COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 179 BY: MR. COLLINS INCREASED APPROPRIATION COUNTY REVENUE DEPARTMENT OF POLICE That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Police be and the same is hereby increased in the sum of $17,000. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue 100 General Fund 20-0 - Department of Police 405 - County 88032 - County Property Forfeitures $17,000 To meet this increased appropriation as set forth below: TO: 100 General Fund 20-0 Department of Police 085 - Capital Outlay 982 - Operating Equipment Cartography Equipment (Color Copier) $17,000 PASSED. AYES- 13 NOES- 0. No. 180 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS EXEMPT ITEMS - WATER DEPARTMENT OF WATER That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $16,250 be and the same is hereby transferred from an account in Appropriation Allotments - Exempt Items - Water and said sum is hereby reappropriated as set forth below: FROM: 410 Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements $16,250 TO: 410 Enterprise Fund - Water 98-0 Department of Water 021 - Administrative Services Purchase of Services 573 - Engineering & Technical Services $16,250 PASSED. AYES- 13 NOES- 0. No. 181 BY: MR. COLLINS ORDINANCE AMENDMENT - AMEND CHAPTER 309-25 PARKS AND OTHER OPEN SPACES - HOURS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 309-25 be amended to read as follows: S309-25 Hours. The parks shall be closed each night between the hours of [10:00 p.m.] sunset and sunrise the following morning, unless otherwise ordered by the Commissioner of Parks, and no person shall lounge about or remain in any of said parks during the hours when so closed. This prohibition shall not apply to LaSalle Park, Broderick Park, the foot of Ontario Street and the foot of Hertel Avenue, which shall remain open twenty-four (24) hours a day for use by fisherman. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] is to be deleted, matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DELAWARE PARK STEERING COMMITTEE, FRIENDS OF CAZENOVIA PARK, AND MARTIN LUTHER KING STEERING COMMITTEE AND THE COMMISSIONER OF PARKS. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FRANCZYK- 0. No. 182 BY: MR. COLLINS APPLICATION FOR CITY PARTICIPATION IN NYS YOUTH CENTER CONSTRUCTION PROGRAM II - WAR MEMORIAL FIELD HOUSE WHEREAS: The Youth Center Construction Program was created by the New York State Legislature under Chapters 211, 212, and 871 of the Laws of 1990; and WHEREAS: Eligible recipients of program funds include nonprofit community organizations and municipalities; and WHEREAS: Organizations and municipalities wishing to receive an RFP for participation in the program have been instructed to contact Ms. Rosaline Preudhomme, Deputy Director of Local Services, State Division for Youth; and WHEREAS: The Jefferson/Best neighborhood has been experiencing problems caused by youth in the area who have minimal constructive outlet for their energies; NOW, THEREFORE, BE IT RESOLVED, That this Common Council requests the Department of Community Development, in conjunction with the Department of Human Resources, to make application to the State Division For Youth for participation in the Youth Center Construction Program II with the aim toward constructing the War Memorial Field House. ADOPTED. No. 183 BY: MR. COLLINS EXTEND EARLY RETIREMENT PROGRAM TO LAID OFF FIREBOAT WORKERS WHEREAS: Item # 9, C.C.P. September 1, 1992 - "Retirement Incentive program" is a request from the Mayor for authorizing legislation to set up an early retirement program; and WHEREAS: This Common Council is currently considering the Mayor's request and has tabled Item # 182, C.C.P. September 1, 1992 - L. L. Intro # 14 - Early Retirement Incentive; and WHEREAS: Six crewmembers of the Edward S. Cotter were forced into retirement on July 1, 1992 by the mothballing of the fireboat; and WHEREAS: If the Retirement Incentive Program had been in place earlier this summer the Cotter crewmembers would have been perfect candidates for it as the scrapping of the Cotter was undertaken as a cost-saving measure of the type envisioned in the Incentive Program; and WHEREAS: Equity and compassion demand that the Retirement Incentive Program be extended to the six crewmembers who were abandoned and forced into retirement when the Cotter was taken out of service; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby amends Local Law Intro # 14 to apply to the Fire Department positions eliminated in the retirement of the Cotter fireboat. ADOPTED. No. 184 BY: MR. FAHEY HOME PROGRAM PROJECTS WHEREAS: The Common Council on March 26, 1992, approved a request by the Department of Inspections and Community Revitalization to apply for funding under the Housing Act of 1992; and WHEREAS: 5,4 million dollars had been reserved for Buffalo for housing renewal efforts; and WHEREAS: Recent newspaper reports have stated that these housing development projects will be considered by BURA for its approval; and WHEREAS: One of the conditions of the Councils approval was that all projects to be funded must be approved by this Council. NOW, THEREFORE, BE IT RESOLVED: That the Commissioner of the Department of Inspections and Community Revitalization file with this Council the list of funded projects under the Home Program for Council review and appropriate action. ADOPTED. No. 185 BY: MESSRS. FAHEY & AMOS PERMITS FOR 3405 BAILEY AVENUE WHEREAS, The Common Council adopted C.C.P. # 184 at its September 1st 1992 meeting; and WHEREAS, The hearing requested in this resolution has been scheduled for Monday, September 21, 1992 at 7 P.M. in the Council Chambers. NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that this item be referred to the Legislation Committee for appropriate action. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 186 BY: MR. FRANCZYK BANNER ON BROADWAY FOR PULASKI DAYS FESTIVAL Whereas: On September 17, 18, 19 and 20, 1992, there will be various festivities and the annual parade in honor of General Pulaski conducted in the Broadway-Fillmore area. NOW THEREFORE BE IT RESOLVED: That the Broadway Market be authorized to hang a banner across Broadway announcing the planned activities for the festival as per conditions set forth by the Commissioner of Public Works. PASSED. AYES- 13 NOES- 0. No. 187 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. Beverly W. Ales Claim for loss of garbage cans. $18.00 2. Copies Inc. Claim for services rendered to the Police Department in the past fiscal year. $96.05 3. John Dettilis d/b/a Rank Amusements Claim for refund of a duplicate amusement license which was issued in error. $45.00 4. James F. and Rosemary Faltisco Claim for loss of garbage can. $7.00 5. Walter Kedron Claim for loss of garbage can. $10.00 6. Lane Fire Equipment Corporation Claim for services rendered to the Division of Parking Enforcement in a prior fiscal year. $19.65 7. Peter P. Menchetti Claim for loss of garbage can. $9.00 8. New York State Department of Criminal Justice Services Claim for services rendered to the Police Department in a prior fiscal year. $25.00 9. Mark Ruffato Claim for loss of garbage can. $7.00 10. George Scheitinger Claim for refund of an unused golf pass. $25.00 11. Smart Corporation Claim for copying of medical records for the Department of Law in a prior fiscal year. $10.41 12. Ellen Smith Claim for loss of garbage cans. $18.00 13. James R. Theurer Claim for loss of garbage cans. $30.00 14. Warren Gorham Lamont Claim for payment of a real estate publication for the Department of Law from a prior fiscal year. $67.45 15. Wilton Corporation Claim for a prior fiscal year invoice for services rendered to the Division of Parking Enforcement. $40.62 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 188 BY: MRS. LOTEMPIO ANNUAL REPORTS P.I.L.O.T. AGREEMENTS WHEREAS: The Erie County Industrial Development Agency enters into lease agreements with various companies for projects whereby payments in lieu of real estate taxes are to be made to the appropriate taxing authority for property acquired by or under the jurisdiction or control or supervision of the Agency; and WHEREAS: A number of the projects are within the taxing jurisdiction of the city of Buffalo; and WHEREAS: The schedules for P.I.L.O.T payments are outlined in the agreements; and WHEREAS: Over the years, some of the companies have become delinquent in their payments; and WHEREAS: In order to better monitor the status of the P.I.L.O.T. Agreements on projects within Buffalo's taxing jurisdiction, annual reports from the E.C.I.D.A., the City Assessor and the City Comptroller should be filed with this Common Council; NOW, THEREFORE, BE IT RESOLVED: That this Common Council requests that the Erie County Industrial Development Agency, the Assessor and the Comptroller file Annual Status Reports on city P.I.L.O.T. projects with this Honorable Body; and BE IT FURTHER RESOLVED: That these reports be filed prior to January 31st of each new year. ADOPTED. No. 189 BY: MR. PERLA REQUIRE BUDGETARY QUARTERLY REPORTS FROM COMPTROLLER AND BUDGET DIRECTOR WHEREAS: The Mayor, the Comptroller, and the Common Council of the city of Buffalo in preparing and finalizing the 92-93 city budget faced several dilemmas and were forced to make tough decisions for both raising revenues and cutting expenses; and WHEREAS: Despite raising taxes and fees to extreme levels, proposing the sale of city assets, and reducing departmental spending by eliminating capital expenses and reducing personnel, an aura of uncertainty exists regarding the stability of the 92-93 spending plan; and WHEREAS: Because of the tenuous nature of the 92-93 budget, extremely close monitoring of departmental spending and periodic updates of revenue projections must be done to prevent overspending and to determine whether revenue estimates have been accurately projected; NOW, THEREFORE, BE IT RESOLVED: That the Common Council request that the Comptroller and the Budget Director prepare quarterly budget reports which will: 1. reflect department by department, line by line spending, 2. provide analysis to determine whether the rate of spending will remain within budgeted amounts 3. provide analysis of all revenues raised in comparison to budget projections; and 4. cite any miscellaneous factors which have impacted or will impact on the budget. BE IT FURTHER RESOLVED: That the reports be filed with the Common Council by October 30, 1992 for the quarter July 1, 1992 - September 30, 1992; January 31, 1993 for the quarter October 1, 1992 - December 31, 1992; April 30, 1993 for the quarter January 1, 1993 - March 31, 1993; and July 31, 1993 for the quarter April 1, 1993 -June 30, 1993. ADOPTED. No. 190 BY: MR. PITTS TO OFFICIALLY DESIGNATE CENTENNIAL POOL AS PARKLAND IN THE CITY OF BUFFALO WHEREAS: Centennial Pool located in LaSalle Park at the foot of Porter Avenue has been a summer haven for Buffalo's citizenry for over 50 years; and WHEREAS: Centennial Pool which was erected in April of 1937 as part of President Franklin D. Roosevelt's Work Progress Administration, emerged from the plight of the Great Depression as cherished summer retreat for generations of Buffalonians; and WHEREAS: Centennial Pool is a complex comprised of large change house equipped with public restrooms and three uniquely different pools which includes an enormous spray pool which is an attraction for children of all ages; and WHEREAS: Centennial Pool is a historic City of Buffalo attraction which services thousands of Men, Women and Children each summer, it is fitting that this popular place of leisure should be given parkland designation. NOW, THEREFORE BE IT RESOLVED THAT: The City of Buffalo does hereby designate Centennial Pool located in LaSalle Park at the Foot of Porter Avenue as City of Buffalo Parkland. ADOPTED. No. 191 BY: MR. PITTS ACCEPTANCE OF ADMINISTRATIVE FUNDS FOR THE LIGHTED SCHOOLHOUSE PROGRAMS WHEREAS: The Common Council approved a resolution, C.C.P, # 338, September 20, 1988 which authorized the Department of Human Resources, through the Division for Youth and others to conduct Lighted School House Programs. WHEREAS: Approved of each program must be authorized by the Common Council; and; WHEREAS: The Common Council must accept, on behalf of the City, the funds allocated by the Buffalo Urban Renewal Agency as follows: August 27, 1992, Item 3d, in the amount of $62,209 for administrative costs for the Lighted Schoolhouse Program. NOW, THEREFORE, BE IT RESOLVED: That the Common Council accepts funds allocated by the Buffalo Urban Renewal Agency as follows: for administrative costs. PASSED. AYES- 13 NOES- 0. No. 192 BY: MR. PITTS HOMESTEADING 112, 114, 116, 118 LOCUST STREET - ST. BONIFACE CHURCH WHEREAS: St. Boniface Parish has maintained 112, 114, 116, and 118 Locust Street for a number of years. The lots are fenced in and used for various community activities, including a community garden, and WHEREAS: Recently St. Boniface found out that they had not been approved for the homesteading of the lots. Several years ago the Parish had applied to homestead these lots, hence the fence, and WHEREAS: These lots are not suitable for the construction of new housing and St. Boniface's use is certainly public benefit. NOW THEREFORE BE IT RESOLVED THAT: The Common Council approve the Homesteading of 112, 114, 116, 118 Locust Street to St. Boniface Parish. PASSED. AYES- 13 NOES- 0. No. 193 BY: MR. ZUCHLEWSKI HOME RULE MESSAGE ASSEMBLY BILL NO. A10228 SENATE BILL NO. 57379 UTILITY INCOME TAX WHEREAS: The Common Council of the City of Buffalo at a regular meeting held on the 21st of January, 1992 adopted a resolution which, among other things, contained the following resolve: "that this Common Council memorializes the New York State Legislature to immediately introduce and enact legislation which would grant to the City of Buffalo the power to increase the utility tax by 1% to a maximum of 4%, and WHEREAS: there has been introduced in the Assembly a bill numbered A10228 and in the Senate, a bill numbered 57379 which would grant to the City of Buffalo the requested power to increase its utility income tax, and WHEREAS: The necessity exists for a dedicated source of funding for the Buffalo Board of Education, NOW, THEREFORE BE IT RESOLVED: that the City of Buffalo does hereby request the enactment of Assembly Bill No. A10228 and Senate Bill No. 57379 entitled: "AN ACT to amend the General City Law in relation to the rate of tax on utilities authorization for the City of Buffalo." BE IT FURTHER RESOLVED: that this Common Council designate this additional 1% as a dedicated source of revenue to be used exclusively by the Buffalo Board of Education on a yearly basis. REFERRED TO THE FUNDING REVIEW PANEL, BOARD OF EDUCATION AND WESTERN NEW YORK STATE DELEGATIONS. No. 194 BY: MR. ZUCHLEWSKI FUTURE ALLOCATIONS FOR EDUCATION WHEREAS: The City of Buffalo's fiscal crisis has had an adverse impact upon the delivery of basic vital services such as trash pick up, park services, police and fire staffing, and WHEREAS: The most recent service to feel the budget crunch is the Buffalo Board of Education, and WHEREAS: The Buffalo School Board had to resort to a fiscally risky maneuver by using a contingency fund in order to prevent devastating layoffs and drastic reductions in school services, and WHEREAS: Business First magazine recently rated the Buffalo Public Schools at the very bottom of Western New York school districts, and WHEREAS: There are a wide variety of reasons for this ranking including the high poverty level in Buffalo Schools and insufficient funding, and WHEREAS: Over the past three years, the percentage of Buffalo property taxes committed to education has dropped from 48% in 90-91, to 45% in 91-92, to 38% in 92-93, and WHEREAS: While a permanent funding formula for education has not been resolved but this downward trend must be stopped, NOW, THEREFORE, BE IT RESOLVED: That this Common Council commit itself to stopping the decrease in the percentage of property taxes spent on education by agreeing that a minimum of 38% of all future city property taxes will be allocated to the Board of Education, and BE IT FURTHER RESOLVED; That this Common Council will attempt to do everything in its power to increase the funding levels of the Board of Education in order to give our children an equal chance to compete for the educational and economic opportunities they deserve. REFERRED TO THE FUNDING REVIEW PANEL, BOARD OF EDUCATION AND WESTERN NEW YORK STATE DELEGATION. No. 195 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: Sharon J. Fine TOTAL: 1 ADOPTED. No. 196 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: Reginald Minor Catherine E. Panczykowski TOTAL: 2 ADOPTED. UNFINISHED BUSINESS No. 197 RETIREMENT INCENTIVE PROGRAM (NO. 8, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 8, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be received and filed. Seconded by Mr. Bakos. ADOPTED. No. 198 BOND RES. - $104,000 - TRAFFIC SIGNAL (NO. 159, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 159, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 199 BOND RES. - $105,000 - LIBRARY BUILDINGS (NO. 160, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 160 C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 200 BOND RES. - $140,000 SHEAS BLDG. (NO. 161, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 161, C.C.P., Sept. l, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES 0. No. 201 BOND RES. - $150,000 ANIMAL SHELTER (NO. 162, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 162, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 202 BOND RES. - $200,000 - JEWETT AVE. BRIDGE (NO. 163, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 163, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 203 BOND RES. - $250,000 - REHAB. CITY HALL (NO. 164, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 164, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 204 BOND RES. - $250,000 - CHEM. STORAGE DELAWARE PK. (NO. 165, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 165, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 205 BOND RES. - $250,000 - VAR. CITY BLDGS. (NO. 166, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 166, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 206 BOND RES. - $250,000 - HISTORICAL SOC. BLDG. (NO. 167, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 167, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 207 BOND RES. - $250,000 - POLICE HDQTRS. (NO. 168, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 168, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 208 BOND RES. - $400,000 - SO. DISTRICT POLICE STA. (NO. 169, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 169, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 209 BOND RES. - $500,000 - KLEINHANS MUSIC HALL (NO. 170, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 170, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 210 BOND RES. - $816,000 - PURCH. POLICE VEHICLES (NO. 171, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 171, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 211 BOND RES. - $1,000,000 - RECONSTR. DELAWARE AVE. (NO. 172, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 172, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 212 L.L. INTRO. # 14 - EARLY RETIREMENT INCENTIVE (NO. 182, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 182, C.C.P., Sept. 1, 1992, be taken from the table. Seconded by Mr. Coppola. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Perla. PASSED. AYES- 13 NOES- 0. No. 213 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES CLAIMS Tuesday, Sept. 22, 1992 9:00 AM CIVIL SERVICE Tuesday, Sept. 22, 1992 9:30 AM FINANCE Tuesday, Sept. 22, 1992 Immediately Following Civil Service LEGISLATION Tuesday, Sept. 22, 1992 2:00 PM ECONOMIC DEV. Wednesday, Sept. 23, 1992, 10:00 AM ANCILLARY COMMITTEES FINANCE Wednesday Sept. 16, 1992 9:30 AM RM 1417 LEGISLATION Monday, Sept. 21, 1992 7:00 PM CATV Thursday, Sept. 24, 1992 10:00 AM RM 1417 No. 214 ADJOURNMENT On motion by Mr. Fahey , Seconded by Mr. Pitts, the Council adjourned at 4:55 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.