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HomeMy WebLinkAbout92-1013 No. 19 1Common Council Proceedings of the City of Buffalo Regular Meeting, October 13, 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, October 13, 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 29, 1992 were approved FROM THE MAYOR No. 1 Appointment and Reappointment of members of Elevator Safety Review Board Pursuant to the powers vested in me by Chapter 167.3 of the Buffalo Code, I hereby reappoint the below listed persons as members of the Elevator Safety Review Board for terms expiring on April 30, 1995: Thomas Granville, President Representative of Elevator Gallagher Elevator Servicing Company 135 South Division Buffalo, 14203 Bernie Cryan Representative of Insurance Lawley Service, Inc. Industry 120 Delaware Avenue Buffalo, 14202 Robert A. O'Hara, R.A., A.I.A. Representative of Architectural Director of Buildings Design Field Public Works - 502 City Hall City of Buffalo Buffalo, 14202 Steven D. Parks, Bldg. Mgr. Representative of Building Owners Koll Management Services and Managers Assoc. (B.O.M.A.) 1 Marine Midland Center Suite 3100 Buffalo, 14203 Donald H. Winkle, Business Rep. Rep. of Labor Involvement International Union of Elevator Constructors - Local # 4 3527 Harlem Road Buffalo, 14225 Pursuant to the above listed authority, I hereby appoint Peter L. Hall, Otis Elevator Company, 1175 Military Road, Buffalo, NY - 14217 as a member of the Elevator Safety Review Board effective October 5, 1992 for a term expiring on April 30, 1995. Peter L. Hall will succeed Randell Lindgren who has resigned, as the representative of a major elevator manufacturing company on the Elevator Safety Review Board. I hereby certify that the above appointed persons are fully qualified to serve as members of the Elevator Safety Review Board. REFERRED TO THE COMMITTEE ON LEGISLATION, BOARD OF ETHICS AND THE CORPORATION COUNSEL. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 2 C. Piparo - Application to erect a gas pump canopy at 1460 Niagara St. Item No. 75, C.C.P., September 29, 1992 The City Planning Board at its regular meeting held Tuesday, October 6, 1992 considered the above application pursuant to Section 511-68 of the Buffalo Code, Niagara Coastal Special Review District. The applicant seeks to erect a 24-foot by 30-foot lighted canopy over existing gas pumps. No signage is anticipated for the canopy. The site is located in an M1 zone which permits such uses. The site is also overlain by the Niagara Coastal Review District but is not contiguous to any body of water. Under S.E.Q.R., the proposed canopy is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed canopy. RECEIVED AND FILED. No. 3 Grace English Evangelical Church Request to place a ground sign at 174 Cazenovia St. Item No. 74, C.C.P., September 29, 1992 The City Planning Board at its regular meeting held Tuesday, October 6, 1992 considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to erect an illuminated ground sign with an overall height of 7 feet and a sign face area of 32 square feet. The new sign will replace an existing sign. The site is located in an R2 zone which allows such signs for places of worship. Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 4 F. Yartz - Request to encroach the right-of-way at 517-519 Ellicott. Item No. 36, C.C.P., September 29, 1992 The City Planning Board at its regular meeting held Tuesday, October 6, 1992 considered the above matter pursuant to Section 317.1 of the City Charter, Referable Matters for the City Planning Board. The applicant seeks to place three doors which when opened will encroach the right-of-way of 517-519 Ellicott Street. The doors will swing 3 feet 6 inches into the right-of-way. The Planning Board voted to table the request since no one was present to explain the need for the encroachment. The Board, however, feels that Your Honorable Body should be made aware of the Planning Board's concern that the encroaching doors should be made of transparent material in order to minimize the danger of not seeing a pedestrian using the right-of-way. RECEIVED AND FILED. No. 5 E J. Storm - Request to encroach the right-of-way at 2495 Main St. Item No. 37, C.C.P., September 29, 1992 The City Planning Board at its regular meeting held Tuesday, October 6, 1992 considered the above request pursuant to Section 317.1 of the City Charter, Referable Matters for the City Planning Board. The applicant seeks to place a 9 foot by 20 foot handicapped access ramp in the right-of-way. The proposed ramp will not be permanently attached to the building. The Planning Board voted to table the requested encroachment since no one was present to discuss the matter. The Board took this action because it feels that Your Honorable Body should be apprised of the precise location of the ramp, and should see graphic representation of what the ramp will look like and of what material it will be constructed from. RECEIVED AND FILED. No. 6 D. Leone - Application to establish a take-out restaurant at 976 Elmwood Ave. Item No. 73, C.C.P., September 29, 1992. The City Planning Board at its regular meeting held Tuesday, October 6, 1992 considered the above application pursuant to Section 511-56 of the Buffalo Code, the Elmwood Business "EB" District. The applicant seeks to establish a restaurant in a portion of an existing masonry building. The proposed renovation will involve approximately 625 square feet of the first floor. The site is located in the EB zone which requires a restricted use permit for the establishment of an eating and drinking place. Under the Buffalo Code, four off-street parking spaces are suggested. The applicant has off-street parking to the rear of his property which would satisfy the parking needs. Under S.E.Q.R., the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 7 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items Capital Projects Fund Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $23,000 be transferred and reappropriated from the Reserve for Capital Improvements account in Appropriation Allotments - Exempt Items , as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, October 5, 1992. RECEIVED AND FILED. No. 8 Certificate of Necessity Increased Appropriation Appropriation Allotments Reserved Fund Balance Municipal Civil Service Commission 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 $4,700 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Division of Inventory & Stores to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below:. Dated: Buffalo, New York, October 1, 1992. RECEIVED AND FILED. No. 9 Certificate of Necessity Increased Appropriation Appropriation Allotments Reserved Fund Balance Division of Inventory & Stores 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 $1,900 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Division of Inventory & Stores to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below:. Dated: Buffalo, New York, October 1, 1992. RECEIVED AND FILED. No. 10 Interfund Cash Loan-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 one request for money to finance various projects and we will not reenter the bond market until more projects have requested funding. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $125,000 Relocation of LaSalle Park Concession Stand. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap. Proj. 200-402-095 BAN/Bond Sale $125,000 Mr. Fahey moved: That the communication from the Comptroller dated October 7, 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 amount of $125,000 for Reallocation of LaSalle Park Concession Stand. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 11 Permission to Negotiate 345 Fulton, S 50' W Hamburg Vacant Land: 29.71' x 100' Assessed Valuation: $400 The Office of the Comptroller, Division of Real Estate, has received a request from Mrs. Wigena Kendrick-Tirado of 347 Fulton Street, Buffalo, New York to purchase the above captioned property. Mrs. Kendrick-Tirado would like to purchase this property, which is adjacent to her house, 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 October 1 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mrs. Wigena Kendrick-Tirado residing at 347 Fulton Street for the private sale of 345 Fulton Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 12 Permission to Negotiate 0 Grape (S.B.L. 10073-2-11.2) W 217.5 S Best Vacant Land: 17.5 x 105' Assessed Valuation: $600 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Joyce Darden of 276 Grape, Buffalo, New York to purchase the above captioned property. Ms. Darden would like to purchase this property, which is adjacent to her house, in order to square off her property and use 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 29, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Joyce Darden residing at 276 Grape Street for the private sale of 0 Grape (S.B.L. 10073-2-11.2) W 217.5 S Best and report to this Honorable Body the results of such negotiations. ADOPTED. No. 13 Permission to Negotiate 45 Manitoba, S W Corner Scoville Vacant Land: 32.33' x 120' Assessed Valuation: $1,800 The Office of the Comptroller, Division of Real Estate, has received a request from Stanley Stankiewicz of 39 Manitoba Street, Buffalo, New York to purchase the above captioned property. Mr. Stankiewicz owns both 39 & 43 Manitoba, which are both single family homes. He would like to purchase 45 Manitoba 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 October 7, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Stanley Stankiewicz residing at 39 Manitoba Street for the private sale of 45 Manitoba and report to this Honorable Body the results of such negotiations. ADOPTED. No. 14 Results of Negotiations 154 Peabody, W 180' S Seneca Vacant Lot: 30' x 107' Assessed Valuation: $1,600 Item # 23, 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. Floyd Baron, 150 Peabody Street, Buffalo, New York to purchase the above captioned property. Mr. Baron would like to purchase this property, which is adjacent to his home, for extra yard space. An independent appraisal of the property was conducted by Sean Larkin, Arrow Appraisal Service, 3790 Broadway, Buffalo, New York 14227. He has estimated the fair market value of the property to be Five Hundred Dollars ($500). The Division of Real Estate has investigated the sales of similar properties in the area. Similar lots in the area sold for between Eight Hundred Dollars ($800) and Twenty-Five Hundred Dollars ($2,500). It should be noted that 154 Peabody is adjoining Casey's Scrape Yard and has a negative impact on the salability of this property. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Baron has agreed and is prepared to pay Five Hundred Dollars ($500) for the subject property. He will also pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 154 Peabody Street to Mr. Floyd Baron in the amount of Five Hundred Dollars ($500). 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 October 8, 1992, be received and filed; and That the offer of Mr. Floyd Baron, residing at 150 Peabody Street, Buffalo, New York in the sum of Five Hundred Dollars ($500.00) to purchase the property described as 154 Peabody Street 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. AYES- 13 NOES- 0. No. 15 Demolition Cost Collection Offer Of Compromise Settlement 136 Townsend On or about 5/22/92, a structure at 136 Townsend was the subject of an emergency demolition, at a cost to the City of $6,177.00 funded by Special Assessment Fund. The Office of Collections has negotiated with the owner of the property, Anthony J. Bifano, for repayment of the demolition costs in the amount of $6,177.00. The Office of Collections has received and is holding in escrow a certified bank check in the amount of $4,941.60, which represents 80% of the actual cost expended by the City of Buffalo for this demolition. This check has been offered by the owner as a compromise settlement of the demolition debt. The Office of Collections recommends that this Honorable Body accept the aforesaid sum of $4,941.60 as full and final settlement of the demolition debt for the following reasons: -- The funds offered represent a reasonable compromise settlement. -- Acceptance of a compromise settlement brings an immediate return to the City of a substantial portion (80%) of the funds expended, while eliminating the time and cost of long-term collections activity by this Office (ie. a promissory note which extends payments over a period of 18-24 months; as well as possible Court costs associated with recovery of funds should a breach of the payment contract occur.) -- The owner has made special financial arrangements to obtain the funds for this compromise settlement. -- All taxes on the subject property are paid and current. Upon acceptance of this compromise the Assessor's Office should be instructed to remove the local assessment. We ask that the Common Council notify the Office of Collections of its decision to accept or reject this compromise settlement offer, so that we may either retain the funds in our possession or return them to the property owner. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 16 Delinquent P.I.L.O.T.S. The Departments of Assessment, Audit and Control and Law, and the Erie County Industrial Development Agency ("ECIDA") have entered into an arrangement for handling delinquent PILOTS. The Department of Assessment will continue to bill PILOTS by mid-July with payment demanded by December 31st. Bills not paid by then will be considered delinquent and turned over to the Department of Audit and Control. The Department of Audit and Control together with the ECIDA will attempt to collect the delinquencies through April 1st. PILOTS still in arrears after this date will be turned over to the Department of Law to collect through legal means. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 17 Info- Appt Principal Auditor at Maximum Salary We respectfully request that Margaret Burke, Principal Auditor, be placed at the maximum salary of $41,822. This request is being made in an effort to establish parity in the existing salaries between the Principal Auditor and the Principal Accountant in the Department of Audit and Control. Additionally, this request is being made to widen the interval in the existing salaries between the three Supervising Auditors and the Principal Auditor which is currently less than $500. We request that this be effective as of August 31, 1992. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 18 Temporary Board of Assessment Review The 1993-94 Assessment Update Program has now reached the phase where Your Honorable Body should consider the appointment of a temporary Board of Assessment Review. The temporary Board would help the permanent Board of Assessment Review to deal with an expected increase in requests for formal assessment hearings. The New York State Real Property Tax Law allows the legislative Body of an assessing jurisdiction to appoint a temporary Board of Assessment Review during the years of an Assessment Update or Revaluation. The temporary Board of Assessment Review can consist of anywhere between one and five people depending upon Your Honorable Body's decision. During the past Assessment Revaluation of 1987-88, Your Honorable Body appointed a five member temporary Board of Assessment Review to deal with the increase in requests for assessment hearings. At that time the temporary Board and the permanent Board reformed into three mini boards. The three mini boards conducted their own assessment hearings. In the Assessment Revaluation of 1987-88, a total of 6286 assessment hearings were conducted by the three mini boards during the months of December, January and half of February. In order to complete the 6286 assessment hearings in 1987-88, residential assessment hearings had to be limited to five minutes each and commercial assessment hearings had to be limited to ten minutes each. At this time it is nearly impossible to forecast the actual number of requests for formal assessment hearings for the 1993-94 Assessment Update or determine if the number of requests will be at the same level as the 1987-88 Assessment Revaluation. However, the following information about the 1993-94 Assessment Update Program is available. In the months of August and September of 1992 this department had requests for 8398 informal assessment hearings which were held mostly before Assessors and Assessor Trainees, with some assistance from Erie County's Real Property Information Services staff. Of the 8398 requests for informal assessment hearings, there were approximately 1793 no shows for appointments resulting in 6605 actual informal assessment hearings being conducted. The 6605 informal assessment hearings conducted represents about 6.8% of the total 97,793 assessment disclosure notices mailed. The results of these informal assessment hearings will be mailed to the property owners during the early part of November 1992. How many of these property owners will be unsatisfied with their informal assessment hearing results and then follow up with a request for a formal assessment hearing before the Board of Assessment Review in December, January and February is unknown at this time. However, past experience gained from the 1987-88 Assessment Revaluation has shown that at least 50% of the property owners who requested an informal assessment hearing requested formal hearings before the Board of Assessment Review. If this 50% figure holds true for the 1993-94 Assessment Update, this department could expect 4199 requests for formal assessment hearings. Requests could increase substantially beyond 4199 because many property owners do not avail themselves of the opportunity of an informal assessment hearing. Instead, they prefer a formal assessment hearing before the Board of Assessment Review. I have placed these facts before Your Honorable Body so that you can make a decision about the number of the temporary Board of Assessment Review members you may wish to appoint. The cost of appointing temporary Board members must be weighed against the amount of time assigned to a formal assessment hearing and the total amount of requests for formal assessment hearings. If Your Honorable Body decides to appoint a temporary Board of Assessment Review, it can consist of anywhere from one to five members as prescribed by the New York State Real Property Tax Law. Depending upon the number of temporary Board members you choose to appoint, the following options would present themselves. In the first option, Your Honorable Body can appoint one temporary member which will allow the permanent Board of Assessment Review with its five members to reform into two mini boards, each consisting of three members. Each mini board would conduct its own formal assessment hearings. The second option would require the appointment of at least four temporary board members. These four temporary Board members, along with the five member permanent Board of Assessment Review, could reform into three mini boards, each consisting of three members. Each of these three mini boards would conduct its own formal assessment hearings. Your Honorable Body can appoint members to the temporary Board of Assessment Review at an initial cost of one hundred dollars apiece which is the City's per diem rate for temporary Board members. The initial cost would be used to pay for the one day necessary to attend class room training for New York State Certification. However, after receiving training and certification, they could serve only on a need basis. The need for their services could be determined by Your Honorable Body or the Chairperson of the permanent Board of Assessment Review. I will be available to discuss this matter further at your convenience. REFERRED TO COMMITTEE ON FINANCE. No. 19 Annual Reports P.I.L.O.T. Agreements Item No. 188, C.C.P. 09-15-92 I have reviewed the above resolution. The Department of Assessment will comply with its directives. Therefore, commencing with January of 1993 and each new year thereafter, this department will file with Your Honorable Body a status report on the City's P.I.L.O.T. program. RECEIVED AND FILED. No. 20 Tax Cancellation 1992-1993 Adjustments on the General City Tax for 1992-1993 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions and assessment errors. I, therefore, request that a warrant be drawn on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $ 184,173.72. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 21 Cancelled Bond, Just Pasta 307-09 Bryant It is hereby certified that the bond described below be cancelled: Principal: Ronald Morga D/B/A/ Just Pasta, Inc. Surety: United States Fidelity & Guarantee Insurance Amount: $5,000.00 Dated: July 10, 1985 Structure: Sidewalk Cafe Location: 307-09 Bryant Street This bond is no longer required due to the fact a replacement bond has been filed with this Department. The above captioned bond should be deemed released and cancelled as to liability effective July 8, 1992, the date of the replacement bond, in accordance with the provisions of the City of Buffalo Ordinance. RECEIVED AND FILED. No. 22 Notification Serial # 8261 NO PARKING ANY TIME 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 of business. That that part of Subdivision 22 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING ANY TIME PUBLIC HIGHWAY LOCATION PROHIBITED PORTION Illinois Street Between South Park Avenue and west side Perry Street RECEIVED AND FILED. No. 23 Additional Information - Erie Basin Marina Phase III Item # 29 - CCP 09-29-92 With reference to the above Item, the Department of Public Works wishes to report the following additional information requested by Your Honorable Body: Under the Erie Basin Marina Project - Phase III Contract the following work is to be performed: The removal of floating dock "A" and its replacement with a new dock system, the rehabilitation of fixed dock B-E which includes maintenance painting, new steel sub-structures at various locations, new wood decking, new water service and electrical service, and also new deck lighting. This contract also includes a new lighted sign at the entrance along with new gates and fencing along with the widening of the entrance of the Marina. New surfaces are to be placed on the boat launch along with alternate Item A of the contract which is the installation of new gangways at the boat launch. RECEIVED AND FILED. No. 24 Additional Information - Change In Contract Change Order # 1 Louisiana Street Bridge Contract # 91656500 Item # 33, CCP 09-29-92 With reference to the above Item, the Department of Public Works wishes to report the following additional information requested by Your Honorable Body: The original contract price for Item # 18, 570.86 xx -Maintenance Painting of spans 2-11 was $10.00 per square foot bid on one thousand ($1,000) square feet of structural steel. For this small quantity of painting (1-1/2% of total structural steel) the ten dollar bid price was determined to be fair and equitable by the Consulting Engineer. As explained in the earlier communication, when the Contractor proceeded to brush blast the spans, the surface of the existing paint was found to be deteriorated to the point where it was necessary to clean the surface to bare steel. The Engineer has determined that the additional required steel painting to be 15,000 square feet, which represents 20% of the total structural steel. With this increased quantity of painting we were able to negotiate a lower price with the Contractor for this item of $6.45 per square foot. Again, this was found to be fair and equitable by the Consulting Engineer. As per the General conditions of the Contract documents, Article 115, we have three (3) options for additional work that is, unit price, lump sum, or time and material cost. Re-negotiating the unit price for the painting item was chosen as the most cost-effective approach and affording us greater control over total actual costs. As we are fast approaching the end of the painting season, I respectfully request a timely approval of the subject change order. RECEIVED AND FILED. No. 25 650 Broadway; sign encroachment into city right of way Mr. L. J. Hutchins, owner of Hutchins Automotive Supply Co., located at 650 Broadway, has requested permission to install a sign which would encroach city right of way at said address. The proposed sign would be attached perpendicular to the building face and measure two feet in width and twenty-one feet in height. The Department of Public Works has reviewed Mr. Hutchins' application pursuant to Chapter 413-67 (Encroachment regulations) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 26 1132 Lovejoy Street; Handicap Ramp within city right of way Mr. & Mrs. Lou Bielli, owners of a Jeane's Beauty Salon located at 1132 Lovejoy Street corner of Benzinger, have requested permission to install a handicap ramp within city right of way at said address. The proposed ramp would measure 18 feet in length, project a maximum of 5 feet from the building face into city right of way, and be constructed entirely of wood. The Department of Public Works has reviewed this application pursuant to Chapter 413-59.1 (Handicapped access ramps) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the handicap ramp is not permanent in nature or permanently affixed to the main building or public sidewalk. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 27 245 Ontario Street; awning within city right of way Dr. John Kapus, owner of Riverside Chiropractic Ass., located at 245 Ontario Street, has requested permission to install an awning which would encroach city right of way at said address. The proposed awning would measure twenty-three feet in length, three feet in height, and project two feet two inches from the building face into city right of way. The Department of Public Works has reviewed Mr. Kapus' application pursuant to Chapter 413-56 (Awnings, canopies and Marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 28 Request by New York Telephone Company for permanent easement - Scajaquada Little League The Department of Public Works has received a request from the New York Telephone Company for a permanent easement over City-owned lands presently used for park and recreation purposes by the Scajaquada Little League. The parcel is identified on the assessor maps as SBL number 10115-1-7. The easement is for the installation of a 5 foot by 7 foot concrete pad and approximately 5 feet of underground cable. The Department has reviewed the proposed easement document and has no objection to the granting of the permanent easement. The New York Telephone Company has offered $500.00 as payment for said easement. I am, therefore, herein recommending that your Honorable Body approve the granting of the requested easement in return for the $500.00 payment offered and to further authorize Mayor James D. Griffin to sign the easement documents. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 29 Resolution # 158, C.C.P. 9/29/92 Info Pay Phone Agreements The City of Buffalo has an historic franchise agreement with the Frontier Telephone Company, now the New York Telephone Company, dated 12/2/1901, pages 1941 thru 1949. This agreement is similar to our agreements with the other public utilities operating within the City of Buffalo such as National Fuel Gas and Niagara Mohawk. Within this agreement, New York Telephone is given permission to "construct, install, operate and maintain a system or line of telephones for public and private use in the City of Buffalo," etc. This franchise allows New York Telephone to place public coin phones on the public right-of-way in the City of Buffalo, subject, however, to approval by the Commissioner of Public Works for each and every location. The private communication companies are just that - private versus public utility companies and therefore they can place public coin phones on City of Buffalo right-of-way subject to approval by both the Commissioner of Public Works and Your Honorable Body. Unfortunately for the City of Buffalo and as of the date of this communication, only one private communication company has requested permission from Your Honorable Body to place public coin phones on City of Buffalo right-of-way. This particular private telephone company has signed a contractual agreement which requires him to seek "prior approval of such additional location(s)" as "has been granted by the Common Council." This contractual agreement was reported to and approved by Your Honorable Body pursuant to Item # 111, C.C.P. 06/09/92. Lastly, the percentage of revenue paid by New York Telephone for 147 permitted and licensed public coin phones as compared to the agreement with the one private public coin phone vendor for one permitted and licensed location was reported to Your Honorable Body pursuant to Item # 43, C.C.P. 02/18/92. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 30 Report of Bids HVAC Work Kleinhans Music Hall Item No. 32, C.C.P. 07/07/92 In CCP 7/7/92: Item # 32, Your Honorable Body authorized this department to award a contract to Delta Environmental Sales in the amount of $35,875.00 for the HVAC work at Kleinhans Music Hall. Due to the delay in funding for this project, Delta Environmental Sales has withdrawn their bid. The second bidder, The Kellner Company, has advised that they will continue to honor their bid of $40,890.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of this bid. Funds for this work are in B/F 200-402-068, Division of Buildings. Mr. Fahey moved: That the communication from the Department of Public Works, dated, September 28, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract to Kellner Company, in the amount of $40,890.00 for the HVAC work at Kleinhans Music Hall. Funds for this project are in B/F # 200-402-068. PASSED. AYES- 13 NOES- 0. No. 31 Request Permission to Pave the Border Streets: Dorrance Avenue And South Park Avenue Dorrance Avenue, Between McKinley Parkway and South Park Avenue, is a border street with the City of Lackawanna. This section of Dorrance Avenue is included in our 1992-93 Overlay Program and normally only one-half or 15 feet of the pavement (the City half) would be paved. Officials of the City of Lackawanna have requested that the entire width of Dorrance Avenue be paved by the City in the course of its' Overlay Program. The City of Lackawanna is in the process of repaving South Park Avenue, also a border street, from Nason Parkway to Dorrance Avenue, and if permitted to do so, would in return, pave this section of South Park Avenue for its' entire width including the City of Buffalo half. We would advise Your Honorable Body that paving of such border streets, completed by a single contractor, at the same time, is more cost effective and results in a more workmanlike and durable pavement, to the mutual benefit of both municipalities. I hereby request that Your Honorable Body permit the paving of both border sections of South Park Avenue and Dorrance Avenue as described herein. Mr. Fahey moved: That the communication from the Department of Public Works, dated, October 7, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to contract for the paving of the entire width of Dorrance Avenue between McKinley Parkway and South Park Avenue, with the condition that the City of Lackawanna undertake the repaving of the entire width of South Park Avenue from Nason Parkway to Dorrance Avenue. PASSED. AYES- 13 NOES- 0. No. 32 Restaurant/Dancing Class I 2609 Bailey Avenue Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class l located at 2609 Bailey Avenue and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class I License is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find that it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of James D. Gladden. The Police Department's approval is attached hereto. In consideration of the application of: James D. Gladden, President The New Cotton Club 2609 Bailey Avenue Buffalo, New York This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION, KEN-BAILEY BLOCK CLUB, KEN-BAILEY NHS AND UNIVERSITY HEIGHTS NHS. No. 33 Restaurant/Dancing Class IV 2897 Bailey Avenue Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class IV located at 2897 Bailey Avenue and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class IV License is being sought and according to the attached reports from the Fire Department, Zoning Department and the Building Inspectors, 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 Keith A. McFayden. The report from the Police recommending approval is attached hereto. In consideration of the application of: Keith A. McFayden Caribbean Experience 2897 Bailey Avenue Buffalo, New York This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION, KEN-BAILEY BLOCK CLUB, KEN-BAILEY NHS AND UNIVERSITY HEIGHTS NHS. No. 34 Certificate of Appointment Appointment effective 09/28/92 in the Department of Public Works, Division of Buildings, Dominic N. Macri, 11 Dallas Road Buffalo NY 14220 to the Position of Building Superintendent, Permanent at the Intermediate starting salary of $35,868. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 35 Certificate of Appointment Appointment effective 10/8/92 in the Department of Public Works, Division of Buildings, Michael D. Cunningham, 49 Strathmore Avenue, Buffalo NY 14220 to the position of Carpenter, Permanent at the Intermediate starting salary of $23,823. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 36 Change in Contract Change Order No. 1 Louisiana Street Bridge Contract 91656500 (Item No. 23 C.C.P. 9/29/92) The above item was referred to your Committee on Finance and to this office. The Commissioner of Public Works asks for permission to execute a change order which will increase the quantity of painting called for from 1000 square feet to 15000 square feet at a net additional cost of $86,750. The original total contract amount for all work on the bridge was $716,988.50. In the communication from the Commissioner it appears that the need for the additional painting was unforeseen. This is a proper basis for the requested change order. I would also note that the unit price was adjusted downward to take into account the change in scale of the painting work. RECEIVED AND FILED. No. 37 Compromise Demo. Claim 93 Fox St- J. McGill John and Lorraine McGill are owners of property located at 93 Fox Street in the City of Buffalo. A fire caused damage to the property in January, 1991. In June, 1991, the Department of Inspections sent a notice for a demolition hearing to the McGills. In July, 1991, the property was demolished. When the notices were mailed, Mr. McGill was on disability from Ford and he and his wife were on an extended vacation in northern Canada. Upon their return, they learned that the property was torn down. Mr. & Mrs. McGill claim that they intended to repair and rehabilitate the property upon receipt of the fire insurance proceedings. Negotiations were extended with their fire insurance carrier and a settlement of the fire insurance claim was not reached until December of 1991. Mr. & Mrs. McGill have filed a claim against the City alleging wrongful demolition of the property and seeking $10,000.00 in damages. They claim that the property, although fire damaged, was not in demolishable condition. The City of Buffalo has a claim in the amount of $4,131.00 against Mr. & Mrs. McGill for the cost of demolition. The attorney for Mr.& Mrs. McGill has proposed that the City compromise its demolition claim in half and that Mr. & Mrs. McGill pay to the City of Buffalo the sum of $2,065.50. In return, Mr. & Mrs. McGill will drop their claim for wrongful demolition. If the case is sued, the City will incur significant costs in defending the lawsuit in terms of depositions, transcripts, court time for City employees, subpoenas, etc. In addition, it is possible that a judge or jury could rule against the City of Buffalo. In light of the above, the Law Department recommends that your Honorable Body authorize the settlement of this matter for the sum of $2,065.50, payable to the City of Buffalo. Mr. Fahey moved: That the communication from the Department of Law, dated, October 6, 1992, be received and filed; and That the Corporation Counsel be and he hereby is authorized to settle the Claim against John and Lorraine McGill in the amount of $2,065.50 for half of the demolition cost of 93 Fox Street. PASSED. AYES- 13 NOES- 0. No. 38 Settlement of Claim of Emmett Turner Attached please find a settlement summary of the claim of Emmett Turner for Your Honorable Body's immediate consideration and approval. Please be advised that the material in the attachment involves a Confidential, Attorney-Client matter and should not be included in the agenda. Our department will distribute the summary to all Council Members. Mr. Fahey moved: That the communication from the Department of Law, dated, October 8, 1992, be received and filed; and That the Corporation Counsel be and he hereby is authorized to settle the Claim of Emmett Turner v. City of Buffalo in the amount of $150,000.00. PASSED. AYES- 13. NOES- 0. No. 39 Request retroactive pay for Fiscal Year 1989-90 for Edwin Hernandez and William Smith Item No. 54, C.C.P., Sept. 29, 1992 The above Item will be reviewed and investigated by the Department of Law, Claims Division and will be placed on the next Claims Committee Agenda which will be held approximately December 1, 1992. RECEIVED AND FILED. No. 40 Difference in Pay Mr. Vincent Marguccio Item No. 26, C.C.P., Sept. 29, 1992 The above Item will be reviewed and investigated by the Department of Law, Claims Division and will be placed on the next Claims Committee Agenda which will be held approximately December 1, 1992. REFERRED TO THE COMMITTEE ON CLAIMS. No. 41 Permits for 3405 Bailey Ave. Item No. 184, C.C.P. 9/1/92 The above item was referred to this office for a response. This involves a request by Your Honorable Body as to the necessary licenses and permits required to operate the business located at 3405 Bailey Avenue in the City of Buffalo. Please be advised that the subject premises is located in a Special Zoning District designated as the Kensington-Bailey Business District. The business has operated at this location as a restaurant for over twenty years. Thus if the business is going to continue operation as a restaurant, warranting eating and drinking, then, the approval of Your Honorable Body would not be required because of the location's prior use. However, if the owner or the operator of the establishment wants to expand the use of the premises, such as including a dance music area, then Section 511-55 of the City's Code requires the issuance of a restricted use permit by the Common Council. Section 150-2 (c) provides in pertinent part, that upon the consent of the Common Council, the Director of Licenses and Permits may issue a license to any person owning or conducting a hotel or restaurant in the City to permit dancing therein. Section 150-3 (c) provides that the application for such a license shall be made by the operator or the owner of the business. Section 150-7 (c) of the Code of the City of Buffalo, also provides in part that each license granted for restaurant and hotel dancing is personal and cannot be directly or indirectly transferred or assigned. Thus where a license or permit was issued to an establishment in the past, the new owner or operator must apply for a new license and permit; if the business is still under the old management, the license and permit upon expiration may be renewed upon application and reinspection of the premises, pursuant to Section 150-5 of the City's Code. Furthermore, Section 370-2 of the Charter provides in part that no person, firm or corporation shall continue or engage in the business of conducting a restaurant in the City of Buffalo without a license issued by the Director of Licenses and Permits. In conclusion, it is the opinion of this department that the business located at 3405 Bailey Avenue should obtain all the licenses and permits mandated by the above-referenced Sections of the Code. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 42 Info - Permit-124 Elmwood Avenue Item No. 161, C.C.P., September 29, 1992 The above item was referred to this department for an opinion on whether Common Council approval of a Restricted Use Permit, under Section 511-55 of the Zoning Ordinance, is necessary for premises at 124 Elmwood to be used as a restaurant. 124 Elmwood, the subject property, is located in the Elmwood Business District (EB district), a Special Zoning District under Section 511-56, of the Zoning Ordinance. Section 511-56 provides that Restricted Use Permits are necessary where certain uses, including restaurant use, are to be created or expanded. Please be advised that, based on an investigation by this department, we are of the opinion that a Restricted Use Permit must be issued for the restaurant use currently in operation at 124 Elmwood. It is undisputed that restaurant use existed at the subject property prior to enactment of the EB District Zoning. The restaurant then in operation had a Class 3 Restaurant Dancing License. That license permitted restaurant use in an area of 1,000 square feet with a capacity of 100 persons. Just prior to the enactment of the EB district zoning, a zoning variance was granted which variance permitted mixed use (residential/retail/restaurant) at the subject premises. Plans were filed and a use permit issued for such mixed use; however, the work and plans for such mixed use were never completed and that use permit was revoked. As is well-established in practice based upon prior legal opinions of this department, that where questions of what use is controlling with respect to a particular property arise, the last legal use is the one that governs. Thus, in this case, after the failure to use and the revocation of the mixed use permit the last legal use was the restaurant use, that preceded the enactment of the EB District Zoning. Based on the foregoing, it was determined that restaurant use of the subject property was not a creation of a new use under Section 511-56 and, consequently, a Restricted Use Permit was not necessary. That determination, as a legal matter, is reasonable as far as the issue of creation of restaurant use goes. It appears currently that the area intended to be used for the restaurant, as indicated to the Fire Prevention Bureau and to Erie County Health Department, well exceeds the scope and area of the restaurant use as it existed prior to the enactment of the EB Zoning District. Such expanded use clearly triggers the need for a restricted use permit under Section 511-55 and Section 511-56 of the Zoning Ordinance. In conclusion, it is the opinion of this department that the use of the sublevel at 124 Elmwood does not constitute the creation of a new use so as to require issuance of a restricted use permit. However, the current actual use of the premises does constitute an expansion of the prior existing use and does require issuance of a restricted use permit. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 43 Audit/Assessment Report - In-Lieu-of-Tax Payments (PILOTS) Item No. 18, C.C.P., Sept. 29, 1992 More than a year go the Department of Assessment called our attention to outstanding PILOT accounts. Since PILOTS are payments in lieu of taxes and not taxes, the city Is unable to proceed in rem. The amount of these payments is set by contract between the ECIDA and the business involved. The City is not a party to the contracts. Our assessment of the situation last year was similar to that of the Comptroller (see Item No. 18, C.C.P., September 29, 1992). We wrote to ECIDA and requested the ECIDA to notify the delinquent accounts that their failure to abide by the PILOT agreements would jeopardize their entire ECIDA lease agreements (see attached). The ECIDA was very cooperative and contacted the companies in question. Several companies eventually responded and the City collected well over $100,000 because of these efforts. Please note that the list of delinquent accounts provided by the Comptroller was as of June 30. At least one of the accounts listed, Elmwood Warehousing, is now current. The Comptroller's Audit was totally lacking in any reference to this procedure and apparently failed to adequately review the matter. Had the auditors looked into the matter more carefully they would have been less critical of others. The best hope for collection of delinquent PILOT accounts is through cooperation with the ECIDA. There should be immediate and direct communication between the Department of Assessment and the ECIDA so that the ECIDA is aware of which companies are delinquent and by how much. The ECIDA will have to be willing, in some cases, to take steps toward a declaration of default under the bond documents. The Law Department remains willing to assist in any way we can. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 44 Apollo Theater Item No. 175, C.C.P., 9/1/92 I have reviewed your resolution and would direct your inquiry to the City Division of ideal Estate since you state the building is owned by the City of Buffalo. RECEIVED AND FILED. No. 45 Change Order # 3 CVM Electric Schiller Park Senior Center 2057 Genesee Street The original drawings for the existing building were incorrect. As a result after removal of an existing wall, the electrical system had to be reworked and relocated to conform to code. The additional work required the installation of floor boxes which also required extensive concrete removal. Additional work increases the contract by $1,383.39 for a new total contract amount of $91,248.79. Money is available in Bond Fund Accounts 200-717-059 and 200-717-066. Mr. Fahey moved: That the communication from the Department of Community Development, dated October l, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order # 3 to CVM Electric, changes resulting in a net increase in the amount of $1,383.39, as more fully described in the above communication, for additional work relating to installation of floor boxes and extensive concrete removal at Schiller Park Senior Center, 2057 Genesee Street. Funds to be charged against the Bond Fund Accounts No. 200-717-059 and 200-717-066. PASSED. AYES- 13 NOES- 0. No. 46 Change Order # 3 - General Construction War Memorial Stadium Site Redevelopment I herewith submit to Your Honorable Body the following change in contract for general construction associated with the site redevelopment of War Memorial Stadium Contract # 91633500 with Nichter Utility Construction Company, Inc.: 1. Credit for substitution of pre-cast concrete panel system in place of formed-poured concrete at Best Street sheet piling wall. DEDUCT $23,040.00 2. Credit for reduction of sub base stone from 12" depth to 6" depth in selected sidewalk areas where minimum loading is anticipated. DEDUCT $ 9,050.30 3. Credit for revised roof system on existing entrances deletion of sawcut reglet. DEDUCT $ 984.28 4. Credit for revised roof system on new service building - deletion of chamfer strip reglet. DEDUCT $ 1,423.29 5. Credit for reduced concrete used in lighting caissons # 1, # 2, # 3. DEDUCT $465.50 6. Footer removals in football-soccer field underdrain areas and at east bleacher wall, 112.42 cubic yards at a unit bid price of $125.00 per cubic yard. ADD $14,052.50 7. Additional undercut and select backfill at west bleacher wall due to wet-unstable soil conditions, 240 cubic yards at a unit bid price of $35.00 per cubic yard. ADD $ 8,400.00 8. Installation of french drain system at southern perimeter of running track - 370' 8" PVC pipe, filter fabric and select backfill to drain excess groundwater on site. ADD $10,801.61 9. Installation of french drain system at base of Best Street piling wall to stabilize soil conditions - 240' of 4" perforated PVC pipe, filter fabric and select backfill to drain excess groundwater. ADD $ 5,682.00 10. Construction of new concrete foundation walls at east elevations of Jefferson Avenue entrances to support pre-cast panels. - excavation 152.54 cubic yards at a unit bid price of $25.00 per cubic yard = $ 3,813.50 - earth backfill 75.40 cubic yards at a unit bid price of $10.00 per cubic yard = $754.00 - stone backfill placed and compacted, 38.69 cubic yards at a unit bid price of $30.00 per cubic yard = $ 1,160.70 - formed, poured reinforced concrete, 54.07 cubic yards at a unit bid price of $350.00 per cubic yard = $18,924.50 ADD $24,652.70 11. Supply and install roof hatches (2) through concrete decks at existing rehabilitated Jefferson Avenue entrances for access. ADD$ 7,596.16 12. Repair of cracked - sagged concrete beams at Jefferson/Dodge entrance with pressure injected epoxy. Install 5" and 4" diameter steel post pipe columns as specified by project architect. ADD$ 7,200.52 13. Excavation and removal of steel "H" piling beams uncovered during excavation of Dodge Street Parking Lot. ADD $ 624.58 14. Additional time and material necessary to relocate soccer football field drainage due to the presence of old concrete foundations. ADD$ 2,088.14 15. Supply and install concrete to -level roof deck at Jefferson/Dodge entrance to allow for proper roof installation. ADD $136.50 TOTAL ADD TO CONTRACT $46,271.34 All of the preceding items whether deducts or adds were deemed necessary to properly complete general construction work in conjunction with the site redevelopment of War Memorial Stadium. Associated costs of all items listed were either contract unit bid prices, negotiated lump sums or time and material rates reviewed and approved by Community Development and the project architect, Robert Traynham Coles, Architect, P.C. Funds for this work are available in Bond Fund # 200-717-094. A contract summary is as follows: Original Contract Sum $4,992,000.00 Change Order # 1 - Deduct 221,000.00 Change Order # 2 - Add 134,928.00 Amount This Change - Add 46,271.34 Revised Contract Amount $4,952,199.34 I therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Nichter Utility Construction Company, Inc., as set forth above. Mr. Fahey moved: That the communication from the Department of Community Development dated October 7, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order # 3 to Nichter Utility Construction Company, Inc., changes resulting in a net increase in the amount of $46,271.34, as more fully described in the above communication, for additional work relating to general construction associated with site redevelopment of War Memorial Stadium, Contract No. 91633500. Funds to be charged against the Bond Fund Account No. 200-717-094. PASSED. AYES- 13 NOES- 0. No. 47 Report of Bids, Pre-Demolition Salvage - Clean Out of 1021-1027 Broadway (Item No. 72, C.C.P. 7/21/92) As authorized by Your Honorable Body per item # 72 of CCP 7/21/92 the Department of Community Development advertised for and received the following sealed bids for the Pre-Demolition Salvage - Clean Out of 1021-1027 Broadway which were opened and publicly read aloud on 10/6/92: Contractor Bid 1) Maplewood Construction Corp. $ 34,000.00 6440 Omphalius Rd. Colden, New York 14033 2) Cedar Wrecking & Salvage, Inc. $ 48,900.00 29 South Ellicott Street Williamsville, New York 14221 3) Integrated Waste Special Services $ 63,000.00 131 Industrial Drive Grand Island, New York 14072 4) Mainline Contracting Corp. $ 65,812.00 P.O. Box 933 Ellicott Station Buffalo, New York 14205 5) Gerald T. Stay Co., Inc. $ 73,600.00 255 Great Arrow Avenue Buffalo, New York 14207 6) Great Lakes Dismantling, Inc. $ 97,698.00 69 Cemetery Rd. Lancaster, New York 14086 7) Lebis Contracting, Inc. $399,995.00 P.O. Box 505, 261 Massachusetts Buffalo, New York 14213 1021-1027 Broadway was formerly known as the Sattlers Annex and is located on the south side of Broadway in the vicinity of the new K-mart store. It is anticipated that this salvage-clean out contract will be followed by asbestos removal and demolition of the structure to produce a vacant parcel for development. Funds for the proposed salvage-clean out will be available in Bond Fund # 200-717-046. I therefore recommend that your Honorable Body authorize the Commissioner of Community Development to order the salvage-clean out of 1021-1027 Broadway to Maplewood Construction Corporation in accordance with their low bid of 10/6/92. Mr. Fahey moved: That the communication from the Department of Community Development, dated, October 7, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award contract for Pre-Demolition Salvage - Clean Out of 1021-1027 Broadway to Maplewood Construction Corporation, the lowest responsible bidder, in the amount of $34,000.00. Funds for this project are in Bond Fund # 200-717-046. PASSED. AYES- 13 NOES- 0. No. 48 Emergency Repairs- Water Service 1166-1170 Broadway Buffalo, New York On August 13, 1992 the Division of Real Estate was notified of a water service leak at the city owned premises of 1168-1170 Broadway. A subsequent investigation by the Department of Public Works, Mechanical Services Division revealed that the entire service had to be replaced from the main to the meter located in the basement. The necessary work was performed by the firm of Joseph Carino Plumbing and Heating, Inc. of 419 Auburn Avenue, Buffalo, New York in accordance with their low bid emergency repair rates quoted to the Department of Public Works. Total charges for installation of a new 1" copper water service amounts to $4,485.15. As of this date the Department of Community Development is handling asbestos removal and eventual rehabilitation of the first floor for occupation by the Neighborhood Information Center (NIC) currently located at 1081 Broadway. It is therefore recommended that Your Honorable Body authorize payment of $4,485.15 to Joseph Carino Plumbing and Heating, Inc. for emergency repair work at 1168-1170 Broadway. Funds for this work are available in Bond Fund # 200-717-068. Mr. Fahey moved: That the communication from the Department of Community Development, dated, October 6, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to make payment to Joseph Carino Plumbing and Heating, Inc., in the amount of $4,485.15 for Emergency Repairs - Water Service Leak at 1168-1170 Broadway. Funds for this project are in Bond Fund # 200-717-068. PASSED. AYES- 13 NOES- 0. No. 49 Authorization to Continue Utility Payment Broadway Market As you are aware the lease agreement with the Broadway Market Management Corporation (BMMC) expired in January 1992. The request for the extension of the lease, by the BMMC, at my request, was received and filed by Your Honorable Body. My "receive and file" request was in order to provide this office time to review and evaluate the operation and management structure of the market. This process is still on-going. However, while the process continues, the assistance that the City provides in the way of utility payment is very important to the operation of the market. In this latter regard I am advised that until a new continuance lease takes place, the Common Council must authorize the continued payment of one-half of the net utility cost. (The same terms were contained in the original lease.) Funds for the utility payments have been budgeted in the City's 1992-1993 budget. Therefore, based on the above, I am hereby requesting that Your Honorable Body authorize the continued payment of one-half of the net utility cost for the Broadway Market. Mr. Fahey moved: That the communication from the Department of Community Development, dated, October 7, 1992, be received and filed; and That the Commissioner of Community Development be, and hereby is authorized to continue to pay one-half of the net utility cost for the Broadway Market, as provided in the now expired lease agreement with the Broadway Market Management Corporation, until such time as an extension of the lease agreement is finalized. PASSED. AYES- 13 NOES- 0. No. 50 D. Leone - Application to Establish A Take-Out Restaurant at 976 Elmwood Ave. Item No. 73, C.C.P., September 29, 1992 Attached for your information is the Short Environmental Assessment Form for the matter referenced above. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 51 Certificate of Appointment Appointment effective October 5,1992 in the Department of Community Development, Division of Planning, David J. DiSalvo, 128 Hinman Buffalo, NY 14207 to the position of Project Coordinator, Provisional at the starting salary of $ 38,089. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF STREETS No. 52 Change Parking Regulations on Linwood Terrace Item # 157, C.C.P. September 29, 1992 Upon further review it is my recommendation that parking regulations on Linwood Terrace remain Alternate I. The reasons for my decision are as follows: 1. Trash and garbage pickup would be, literally impossible. 2. Snow removal would also be another problem. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 53 Clinton-Emslie New Housing Phase II Amendment to Land Disposition Agreement Burke Brothers Construction, Inc. The City of Buffalo Urban Renewal Agency duly designated Burke Brothers Construction, Inc., and/or a joint venture, Partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the Provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 54 Emslie NDP New Housing Project Amendment to Land Disposition Agreement MJ Ogiony Builders, Inc. The City of Buffalo Urban Renewal Agency duly designated MJ Ogiony Builders Inc., and/or a joint venture, Partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the Provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to ore-are a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 55 Masten New Housing Phase I Amendment to Land Disposition Agreement Omega Homes, Inc. The City of Buffalo Urban Renewal Agency duly designated Omega Homes, Inc., and/or a joint venture, Partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the Provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 56 Masten New Housing Phase 11A Amendment to Land Disposition Agreement Bellweather Builders, Inc. The City of Buffalo Urban Renewal Agency duly designated Bellweather Builders, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 57 Clinton Park II New Housing Project Approval of Land Disposition Agreement James Management Co., Inc. The City of Buffalo Urban Renewal Agency duly designated James Management Co., Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to ore-are a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 58 Winslow Park New Housing Project Approval of Land Disposition Agreement- Aicha Construction Company, Inc. The City of Buffalo Urban Renewal Agency duly designated Aicha Construction Company, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 59 Proposed RFP - Evaluate Housing Conditions Item # 181, C.C.P., September 1, 1992 Upon review of the request for proposal to evaluate housing conditions in the city of Buffalo, I wish to supply your Honorable Body with the following information: As you are all aware the Buffalo Financial Planning Commission has volunteered their services to examine each city of Buffalo Department operation. During the survey of the Division of Housing and Property Inspections the Buffalo Financial Planning Commission representative investigated and researched the operation of our department. Through interviewing both supervisory and inspectional staff members, items and concerns of the following nature were discussed: Systematic Inspections Enhancing revenues Establishing employee standards Data Processing Techniques Public Relations Management Controls Policies and Procedures Housing Code Enforcement Upon review of the goals of the proposed request for proposal we feel that this may be a duplication of the study performed by the Buffalo Financial Planning Commission. During a time when we all must endure fiscal conservatism your Honorable Body may be well advised to review the report submitted to the city of Buffalo Planning Commission prior to your awarding the contract for this request for proposal. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 60 HOME Program Projects Item No. 184, C.C.P. 9/15/92 The U.S. Department of Housing and Urban Development has approved the attached application for $5,084,000 funding for the HOME program. It was not possible to predict in advance which specific projects HOME would ultimately assist. It was therefore agreed that HOME funded projects would be presented to BURA and reported to the Common Council at a future date when viable development and community investment opportunities were established. At this time we cannot contract for, nor proceed with any HOME activity until an Environmental Review is complete and a release off funds is obtained from H.U.D. We expect release of funds within thirty to sixty days. HOME regulations dictate two principal standards for projects. Foremost among strategy HOME standards is that all projects assisted must be for very low income persons and families (HOME Income guidelines for Buffalo, New York are attached for reference) secondly, C.H.O.D.O.'s (H.U.D. acronym for Community Housing Development Corporations) must be provided the opportunity to receive a minimum of 15% (or $762,600) of HOME funds for the development of projects which they will sponsor. The Buffalo, New York HOME program is designed to support four principal activities, all of which are 100% for Low Income Benefiting. HOME Rental Rehabilitation Program $1,800,000 HOME New Housing Development 1,684,000 HOME Urban Homesteading 900,000 HOME Owner Assistance Program 700,000 The status of each project area is reported below: HOME Rental Rehabilitation - Public promotion by the City and Community Based Organizations have stimulated complete applications for 12 Rental Rehabilitation Projects for a total funding request of $286,094.00. These funds will result in the development of 48 very low income rental housing units throughout the City. The Department of Inspections and Community Revitalization anticipates seeking approval from BURA to contract with the owners of those projects reflected on the attached listing on 2/22/92. HOME New Housing Development Program - This activity is extremely complicated under HOME regulation and at this time national standards for resale and related restrictions have not been clarified. We await further H.U.D. guidance in this regard. Additionally, we have a pending grant application with New York State which is intended to assist the construction of new homes for low income families...essentially the same activity and client income standards as required under HOME. If we succeed in obtaining New York State funds, the HOME New Housing Development Program funding of $1.6 million allocated to this activity will likely be transferred to another eligible HOME activity. HOME Urban Homestead - Here again, we are awaiting HUD release of funds and clarification on resale restrictions. We are, however; working with the City Comptroller and the City Real Estate Division to identify properties that are in City Ownership. Those which may be suitable for renovation and resale to low income families under the HOME Program will be scheduled for inclusion in the program and presented to BURA for approval at a future date. HOME Owner Assistance - Pending release of funds this activity will match CDBG low income rehab funds providing a combined total of up to $17,500 per home. BURA approved this activity on 8/27/92 as a program. The consideration and review of each homeowner rehab before BURA will not be required due to the nature of repairs that will occur. Re-renovation of standard building elements and components on 1-4 family owner occupied structures has been approved by BURA to allow this HOME component to be implemented on a consistent and on-going basis. Ultimately all assisted properties will be reported at years end through the Annual Grantee Performance Report. The only specific project which has been approved by BURA to proceed to contract is the Phase II School Conversion Project sponsored by Broadway-Fillmore N.H.S. This obligation of funding will contribute to the 15% ".H.O.D.O." set aside standard for HOME whereby non-profit sponsors are required by statute to be given the opportunity to utilize HOME funds for projects sponsored at the community level. Item 11A from BURA proceedings of 08/13/92 attached for reference. As future projects emerge and as the HOME program gets underway, I will periodically update the Common Council on the program progress which we intend to achieve via the utilization of HOME monies. Mr. Fahey moved to separate the above item and take action on School 62 only and the remainder of the item be referred to the Committee on Economic Development and the Corporation Counsel. Seconded by Mr. Franczyk. ADOPTED. Mr. Fahey now moved: That the funding in the amount of $600,000 for the completion of Phase 2 of School 62 be and the same is hereby approved. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 61 1989-1993 Labor Agreement between the City Buffalo and Local 71-71A-71B, International Union of Operating Engineers. Item No. 4, C.C.P., February 18, 1992 As your Honorable Body is aware, the City of Buffalo and Local 71-71A-71B, International Union of Operating Engineers, had reached a tentative agreement on a four-year Collective Bargaining Agreement last Spring. The Agreement covered the years 1989-90, 1990-91, 1991-92 and 1992-93. Unfortunately, full execution of the Agreement was held up by the City's worsening deficit, and the subsequent creation of the Buffalo Financial Commission. The Agreement then became the subject of litigation before the New York State Public Employment Relations Board (PERB). We have now received a Decision and Order from PERB that directs the City of Buffalo to execute and implement the Agreement. Therefore, the Agreement is hereby forwarded to your Honorable Body for ratification, and we recommend its approval. Mr. Fahey moved: That the communication from the Department of Administration and Finance, dated September 24, 1992, be received and filed; and That the 1989-1993 Labor Agreement between the City of Buffalo and Local 71-71A-71B, international Union of Operating Engineers, be ratified and approved. ADOPTED. No. 62 Ordinance Amendment - Increase Fees for Load Zone Permits, Hauling Permits and House Moving Permits A recent review of revenue projections revealed that the fee schedule relating to the traffic ordinance was not amended as it had been intended to at the May 28, 1992 Common Council meeting. (See attached item # 36, C.C.P. 3/31/92). The intent was to increase revenues in the Division of Engineering by $24,000, mainly by increasing the fee for load zone permits from $1.00 per lineal foot ($.50 per lineal foot for renewal) to $3.00 per lineal foot for both original permits and renewals. It was also contemplated there would be increased fees for hauling permits. This anticipated increase was included in the Mayor's budget message. The legislation to effectuate the increase is being submitted for Common Council approval now. Since most of these load zone permits are issued in May the estimated revenues can still be realized if this legislation is passed now. I am asking Your Honorable Body to approve the increase in fees that had already been anticipated to avoid a $24,000 revenue shortfall in the 1992-93 budget. REFERRED TO THE COMMITTEE ON FINANCE. No. 63 Lease Agreement Addendum 189 Tonawanda Street Corporation We are submitting to Your Honorable Body an addendum to our lease agreement dated January 9, 1992 between the City of Buffalo and 189 Tonawanda Street Corporation. The Addendum provides an additional one-time rental payment of $50,000 to relocate to 189 Tonawanda Street the parking enforcement officers, laborers, meter mechanics, office staff, motor equipment mechanic and tow truck operators currently working out of the Delavan Armory and the Seneca Street Garage. This move will consolidate the entire parking meters and enforcement and towing and storage functions at the 189 Tonawanda Street location. The funds are available in function 031-Towing and Storage Operations account number 551-Rentals of Land and Buildings. Mr. Fahey moved: That the communication from the Department of Administration and Finance dated October 8, 1992, be received and filed; and That the amendment to the lease agreement between the City of Buffalo and 189 Tonawanda Street Corporation as contained in the above communication be, and hereby is approved, subject to approval as to form by the Law Department. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 64 Retro Pay E. Hernandez/W. Smith Item # 54 C.C.P. 9/29/92 As per your request, my recommendation is that Mr. Edwin Hernandez and Mr. William Smith are entitled to the retroactive pay for Fiscal Year 1989-90 in that Local # 650 received a five percent (5%) retroactive pay raise for that period. They were inadvertently omitted as they were incorrectly classified as non-designated employees from their time of hire until pay period 26 of Fiscal Year 1989-90, when they were determined to be eligible for membership in A.F.S.C.M.E. Local # 650. RECEIVED AND FILED. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No. 65 Appointment Of B. Sumbrum as Firefighter Item # 63, C.C.P., 9/15/92 At a meeting held on September 30, 1992 the Commission considered a communication dated September 16, 1992 from Ana Salas, Legislative Assistant, on behalf of the Committee on Finance, requesting the Commission to comment on Mr. Sumbrum's appointment to the position of Firefighter. In addition, you requested this Commission's opinion as to whether Mr. Sumbrum has to be re-confirmed as Commissioner of Street Sanitation if he decides to return to his position of Commissioner of Street Sanitation. Be advised Mr. Sumbrum's name was certified for appointment to the position of Firefighter on September 4, 1992. Mr. Sumbrum was appointed to said position on September 8, 1992. The Commission suggests you consult with the Corporation Counsel relative to Mr. Sumbrum's return to the position of Commissioner of Street Sanitation, if he chooses to do so. I trust this satisfies your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 66 Residency Status - R. Heftka Item # 168, CCP 12/23/91 This is in response to an inquiry dated September 22, 1992 from Ana Salas, Legislative Assistant, on behalf of the Civil Service Committee. This will confirm that at a meeting held on January 29, 1992 the Commission waived the residency requirement for Robert V. Heftka's appointment to the position of Assistant Corporation Counsel. Attached please find a copy of the excerpt from said meeting. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. BOARD OF EDUCATION No. 67 Dedicated Funds-Bd. of Education This is in response to your letter of September 16th regarding Council resolutions # 193 and # 194. Re: # 193: I agree there should be a dedicated group of revenues for school support. Those revenues should come from sources that have at least these characteristics: they should be growth revenues that will produce more income over the years, they should be progressive in nature rather than regressive and should be supplementary to property tax revenues rather than a revenue that would or could be used as an offset. 1. Growth revenues provide natural increasing returns over time which mitigates the erosion of their value as a resource. In a period of economic growth that averages three to four percent a fixed source declines in value as the years go by. An example is the State Magnet School grant which has been fixed at $10,525,000. Every year the personnel and program that the grant supports are decreased. 2. Progressive taxes fall heavier on those able to pay them, i.e, as a proportion of income, than regressive taxes which fall too heavily on those less able to afford them. Sales taxes on common consumer goods are an example of a regressive tax because the rich and poor alike pay the same tax rate on a body of goods that everybody must buy. 3. Resources like the lottery proceeds, which once were dedicated additions to general fund aid for schools, can and are often substituted for general fund aid which is then reduced. When the lottery was first initiated its revenues were an addition to general fund revenue for schools. For several years lottery funds have been offset by reductions in general fund revenue for schools. The best of these characteristics should be components of a dedicated school revenue. The graduated income tax comes closest to ideal while property and sales taxes are less if not least ideal. Does the utility tax have any or all of these desirable characteristics and none or few of the undesirable characteristics? Re: # 194: A fixed portion of a tax that is not levied in response to school district needs at a rate that is not respective of school district needs is destined to be inadequate both at the beginning and in the future. Its implementation would be futile. Another analysis of the local funding situation of school districts will show the 56 small cities to have legal access to up to 2% of a city's average full value for property taxes for operation and maintenance purposes while the cities have the same access. The limit there is four percent of the average full value. The school districts have, in those cases access to one-half of the city's property tax ability. In large cities, except New York, the maximum access is two percent. The cities in addition may have access to income, sales and utility taxes as well as charges and fees for support. Independent school districts have access only to property tax. If all of New York State's cities were treated alike the Buffalo City School District would have the same access to local resources: 50% of the property tax limitation. That would leave 50% of the property tax limitation available to the City plus the revenues raised by the City for City purposes from other sources (fees, charges, utility taxes, etc.) This access would allow the school district to have flexibility under the limit of city taxes to vary its access to its need up to a real cap. The attached tables show the potential impact of both the here proposed 50% sharing and the resolutions 38% sharing. Table 1 shows that the 50% share would have provided the potential of more revenue for schools over the last seven years, while the 38% would have resulted in less revenue for each of the last eleven years. I would recommend that the agreement provide up to 50% of the City's property tax limitation for operating purposes be made available to the City School District as a budget revenue source. The whereas clauses cite the Business First article which proposes to grade the schools. In the grading business I would rate the article an "F" for its effort and an "F" for accuracy in measurement: 1. Its selection of the ten criteria on which to grade schools doesn't make any sense. Five of them are essentially the same measure-the percentage of all high school children who pass selected regents examinations or get regents diplomas. Not the percentage of children who took regents courses and passed the examinations or who were successful in regents diploma programs. This base includes, for example, the 40.4 percent of Buffalo high school students who are in vocational programs that lead directly to occupations and do not typically take regents courses. This base includes the pupils with handicapping conditions whose programs often do not include regents courses or regents diplomas as a goal. No matter how well Buffalo students actually perform, the percentage in vocational school and special education programs means that 50% of the indicators for the grade are going to be low. 2. Its selection of expenditure per pupil as a measure is misleading as a way to grade the quality of a school district. In all of the ten or twelve county area reported there is only one large city, Buffalo, one fiscally dependent district that has historically been locally underfunded, Buffalo, one district with a mix of cultures, languages, ethnic groups and social problems on a large scale, Buffalo, and only one district which provides services to children from many of those other districts, and ought to be spending many more dollars because of the unique problems, Buffalo. 3. Its use of pupil teacher ratio as a measure of school district quality is directly related to the measure of funding, and at least as misleading. Buffalo for example serves over 5,000 handicapped children, many in classes with a maximum size of six pupils, none in classes larger than fifteen, and these services when combined in overall statistics make the pupil teacher ratio appear different than it actually is in the average classroom. In addition these pupils often receive supplementary support services form other teachers, psychologists or social workers. 4. Its use of grade six pupil evaluation program (PEP) test results to rank school districts on a 100 point scale is interesting. The results of those tests are reported in percentages of children scoring above a state reference point (SRP) on the tests. In Buffalo several schools had 100 percent of the pupils score above the SRP. Almost all of the schools had over 95% of the pupils in grade six above the math SRP and most at 90% in reading. How many of the 100 points do you get for that? 5. In the same publication a table of the top spending districts lists Buffalo as number 16, but does not bother to explore the reasons, some discussed above, for that rate. The services for handicapped children, for children with limited English speaking ability, for children in vocational programs, for pregnant teens, and for non-public schools and resident children attending nonpublic schools away from the district are provided by Buffalo, and other large cities, in proportions that are larger than in other non large city districts. For these and other reasons the State Education Department does not even suggest that these criteria or the others in the full report, can or should be used to rank, rate or grade school districts. I would not give the Business First article more attention than it deserves, none, by citing it as a source of any significance. My staff and I will be happy to discuss these matters with you or the committee. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 68 Notification of Disposition of City Records The following department (s) requested to dispose of city records as indicated on the attached form (s). I have authorized the disposition of these records in my capacity as City records Management Officer. Police Internal Affairs Division RECEIVED AND FILED. No. 69 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 389 Main St. Yankee Doodle Room Marriott Mgmt. Serv Corp. 581 Delaware Ave. J.F.B. Enterprises Inc. RECEIVED AND FILED. No. 70 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- Michael R. Szukala Public Works- Juli-Lyn Colpoys Parks- Colleen Sumbrum , John Atwell Administration and Finance- Ronald N. Lunghino RECEIVED AND FILED. No. 71 Reports of Attendance Various Boards, Etc. I transmit herewith communications received by me from various Boards, Commissions, Agencies and Authorities, reporting the membership attendance at their respective meetings: Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Civil Service Commission Emergency Medical Services Board Municipal Housing Authority RECEIVED AND FILED. No. 72 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 Sept. 29, 1992 in the Department of the Common Council, Division of City Clerk, John F. Foschio 46 Woodley Rd., Buffalo, N.Y. 14215, to the position of Intern V Seasonal, at the starting salary of $ 7.00 per hr. Appointment effective Oct. 2, 1992 in the Department of City Clerk Garrett P. Murphy, 69 Densmore, Buffalo, 14220, to the position of Intern III, Seasonal, at the starting salary of $5.00 per hr. No. 73 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective Oct. 1, 1992 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Thomas Lizak Jr. 226 Columbus Ave., Buffalo, 14221, to the position of Sr. First Class Stat. Engineer, Seasonal at the starting salary of $7.05 per hr. Appointment effective Sept. 28, 1992 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer II, Seasonal, at the starting salary of $6.65 per hr. Joyce Baginski, 170 Titus St., Buffalo, 14212 Frank Bell, 26 Dodge St., Buffalo, 14209 Margaret Bugaj, 31 Parkview St., Buffalo, 14210 Sharon Campbell, 205 Marine Dr., Buffalo, 14202 Ann DiStefano, 2096 Delaware Ave., Buffalo, 14216 Salvatore Dobrowolski, 119 Arbour La., Buffalo, 14220 M.T. McNeal, 791 Sycamore St., Buffalo, 14212 Charles Mims, 74 Harmonia St., Buffalo, 14211 Joan Mutka, 146 Lewis St., Buffalo, 14206 Arlene Simpson, 42 Riverside Ave., Buffalo, 14207 John Thiry Sr., 158 Montgomery St., Buffalo, 14206 James Toms, 82 Rosedale St., Buffalo, 14207 Appointment effective Sept. 28, 1992, in the Department of Stadium & Auditorium, Division of Memorial Auditorium to the position of Laborer I, Seasonal, at the starting salary of $ 5.98 per hr. Willie Anderson, 116 Shumway St., Buffalo, 14206 Elaine Bushen, 152 Whitfield, Buffalo, 14220 Guy Cammarano, 56 Folger St., Buffalo, 14212 John Conrad, 108 Woodside Ave., Buffalo, 14220 Jacob Craddock, 32 Hoffman St., Buffalo, 14207 James Cummings, 58 Good Ave. Buffalo, 14220 Patrick Farry, 26 Regent St., Buffalo, 14206 Michael Glavey, 7 Britt St., Buffalo, 14220 Timothy Gozdan, 39 Edson St., Buffalo, 14210 Walter Griffin, 1039 Smith St., Buffalo, 14212 Edward Hackbush, 173 Heath St., Buffalo, 14214 Thomas Halbert, 117 Stevenson St., Buffalo, 14220 Gerald Hayes, 28 Cazenovia St., Buffalo, 14220 Richard Hehir, 140 Kenefick St., Buffalo, 14220 Kevin Horrigan, 68 Lockwood Ave., Buffalo, 14220 Denise Jones, 973 Ellicott St., Buffalo, 14203 Matthew Lalley, 21 Edgewood Ave., Buffalo, 14220 Kevin Lalley, 81 Densmore Ave., Buffalo, 14220 Leonard Laufer, 148 Brinkman St., Buffalo, 14211 William Laufer, 148 Brinkman St., Buffalo, 14211 Albert Maloney, 51 Trowbridge, Buffalo, 14220 David Maloney Jr., 16 Lakewood Ave., Buffalo, 14220 Norris Mays, 416 Winslow Ave., Buffalo, 14211 Kurt McGowan, 8 Fields Ave., Buffalo, 14210 Kevin McNamara, 214 Tuscarora Rd., Buffalo, 14220 Peter Niagrelli, 160 Bloomfield Ave., Buffalo, 14220 Thomas O'Leary, 100 Ryan St., Buffalo, 14210 Terrence O'Rourke, 712 McKinley Pkwy., Buffalo, 14220 Michael Parot, 10 South St., Buffalo, 14204 Maurice Perry, 100 Parkview St., Buffalo, 14210 James Quinn, 723 McKinley Pkwy., Buffalo, 14220 Kellie Safford, 284 Grape St., Buffalo, 14204 Rebekah Safford, 284 Grape St., Buffalo, 14204 Timothy Safford, 70 Butler St., Buffalo, 14208 Randolph Schuster 77 Melrose St. Buffalo, 14220 Gerard Seltz, 192 Whitfield Ave., Buffalo, 14220 Daniel Summers, 33 Buffum St., Buffalo, 14210 Darlene Swenton, 42 Philadelphia St., Buffalo, 14207 David Wilds, 181 Choate Ave., Buffalo, 14220 Daniel Wilson, 49 Carlyle St., Buffalo, 14220 Mark Zimmer, 87 Juniata Pl., Buffalo, 14210 Wayne J. Lickfeld Jr., 21 Choate Ave., Buffalo, 14220 Toni Gallagher, 26 Carlyle Ave., Buffalo, 14220 Appointment effective Sept. 25, 1992 in the Department of Stadium and Auditorium, Division of Memorial Auditorium, to the position of Sr. First Class Sta. Engineer, Seasonal at the starting salary of $7.05 per hr. Thomas A. Evans, 142 Bloomfield Ave., Buffalo, 14220 Paul Wiles, 70 Crystal Ave., Buffalo, 14220 FROM THE DEPARTMENT OF AUDIT & CONTROL Appointment effective Sept. 28, 1992, in the Department of Audit and Control Division of Audit, Ronald N. Lunghino 126 Eller Avenue, Buffalo, NY 14211, to the position of Assistant Auditor, Temporary, at the starting salary of $24,020. Appointment effective Sept. 28, 1992 in the Department of Audit and Control, Division of Audit, Christine M. Petschke, 18 Progressive, Buffalo, NY 14207 to the position of Assistant Auditor, Temporary, at the starting salary of $24,020. Appointment effective Sept. 24, 1992 in the Department of Audit & Control, Division of Accounting, Michael R. Szukala, 15 Stewart Street, Buffalo, NY 14211, to the position of Senior Accountant, Temporary at the starting salary of $28,054. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective Sept. 28, 1992 in the Department of Public Works, Division of Buildings, Salvatore Canazzi, 193 St. Lawrence Avenue, Buffalo 14216, to the position of Administrative Assistant, Provisional, at the starting salary of $ 24,816. FROM THE DEPARTMENT OF FIRE Appointment effective Sept. 30, 1992 in the Department of Fire Carl Hoepfinger, 70 Coolidge Road, Buffalo, New York 14220 to the position of Fire Lieutenant, Permanent, at the starting salary of $39,228. FROM THE DEPARTMENT OF PARKS Appointment effective Oct. 5, 1992 in the Department of Parks, Division of Recreation, to the position of Refrigeration Plant Engineer, Seasonal, at the starting salary of $6.64 per hour. Vincent Miranda, 130 Ridgewood Road, Buffalo 14220 Edward Standish, 117 Imson, Buffalo 14210 Joseph Trillizio, 3 Condon, Buffalo 14207 Michael Barren, 29 Wheelock, Buffalo 14206 Patrick McNamara, 359 Abby St., Buffalo 14220 Walter Burshtynski, 126 Bird Ave., Buffalo 14213 Daniel Griffin, 24 Robins St., Buffalo 14220 Timothy Higgins, 101 Ridgewood, Buffalo 14220 John Kubala, 25 Bridgeman, Buffalo 14207 John Mann, 222 Mackinaw St., Buffalo 14204 John Marchitte, 430 14th St., Buffalo 14213 Greg Morcio, 296 Willett St., Buffalo 14206 Howard Melcher, 210 Riverside, Buffalo 14207 FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective Oct. 5, 1992 in the Department of General Services, Division of Inventory & Stores, Robert F. Seifert 183 Lisbon Ave., Buffalo, 14214, to the position of Laborer II, Seasonal, at the starting salary of $ 6.65 per hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 74 ERIE COUNTY BOARD OF ELECTIONS Request Information- Charter Revision Provisions In regard to the 1991-92 City of Buffalo Charter Revision that will appear on the ballot in the November 3, 1992 General Election, the Erie County Board of Elections must be advised as to what documentation the City of Buffalo will be providing to educate the voting public of the provisions of the Charter Revision. It should be understood that the language and total cost will be the responsibility of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COUNCIL PRESIDENT. No. 75 REGINA D. HUTCHINS African Culture and Consciousness Weekend I am requesting that October 30, 1992 through November 1, 1992 be designated African Culture and Consciousness weekend. During this weekend Buffalo, N.Y. will be the host city for the Eastern Region's A.S.C.A.C. (Association for the Study of Classical African Civilizations) conference. The citizens of Buffalo will have the honor of being taught by internationally known and respected scholars, including Dr. John Henrik Clark and Dr. Jacob Carruthers. I look forward to discussing this item with the members of the Council in committee as well as in general session. I thank you in advance for your cooperation and commitment. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COUNCIL PRESIDENT. No. 76 KLEINHANS MUSIC HALL MANAGEMENT. INC. Council Request for Venue Submitted "Ticket User Fee Plan" In a Resolution introduced by David A. Franczyk adopted by the Common Council on May 26, 1992 (C.C.P. No. 157), it was requested that Kleinhans Music Hall submit a ticket user fee plan to the Council no later than October l, 1992. The Board of Directors of Kleinhans Music Hall, following a lengthy and thorough discussion at its Meeting of September 22, 1992, respectfully submits the following: Kleinhans Management wholeheartedly agrees with Councilman David Franczyk that the burden of maintaining the facilities mentioned in his proposal should not be solely that of the residents of the City of Buffalo. The burden should be spread equally among all residents of Western New York who utilize these venues. However, we feel that this proposal should at this time be partially deferred due to the following: Kleinhans, being the most utilized facility in Buffalo, with 334 usages during the past year, unlike Memorial Auditorium, Sheas and Pilot Field, caters, almost exclusively, to non-profit organizations. In addition to the Buffalo Philharmonic Orchestra, ninety-five percent of Kleinhans' other lessees are non-profit groups, who stage one or two events annually and who, to keep expenses at a minimum, handle their own ticket sales through members of their organizations. These small non-profit groups, along with the Buffalo Philharmonic Orchestra, which, as you know, is the Music Hall's major tenant, are currently fighting for their very existence. All, recently, have either had their outside funding drastically reduced or totally eliminated. The addition of a ticket surcharge, at this point in time, we feel could be devastating to them, perhaps being the proverbial "straw that broke the camel's back". Commercial events are a totally different situation. The sole purpose of a commercial venture is to make a profit and we believe this type of event should have a ticket surcharge attached to its ticket price. Therefore, Kleinhans Music Hall recommends that: 1. Subject to the adoption of such a plan by the other venues (such as Pilot Field and War Memorial Auditorium), for commercial events that there be a ticket surcharge of fifty cents ($.50) a ticket, or more on a sliding scale basis, be put into effect as soon as the Common Council sees fit. 2. The ticket surcharge for non-profit organizations and events be deferred until such time as their financial picture improves. I, our Executive Director Douglas J. Lengyel, and others on our Board, would be pleased to meet with you, or a Committee of the Council, to discuss this further with you should you wish to do so. REFERRED TO THE COMMITTEE ON FINANCE. No. 77 NYS EDUCATION DEPARTMENT Program Changes- Bryant & Stratton This letter is in reference to the Buffalo Common Council resolution about program changes in Commercial Art programs offered by Bryant & Stratton Business Institute, brought to your attention by concerned students. In April, l wrote to advise you that I was contacting the institution for comment. The Institute's response, dated April 30, was apparently lost, and the State Education Department has only recently received a copy. I would like to share with you the substance of the information provided by Bryant & Stratton Vice President for Educational Services, Ms. Maritza Samoorian. The Institute established the Commercial Art program at both the downtown Buffalo and suburban Eastern Hills campus. In December 1991, the Institute decided to consolidate the programs at one Buffalo-area campus. The downtown Buffalo students were notified at that time that they could complete their programs at Buffalo as part of a program teach-out that is scheduled to be completed by March 1993. Ms. Samoorian stated that the downtown Buffalo students were never requested to move to the Eastern Hills campus as the Council's document implied. Ms. Samoorian also indicated that at the same time the Common Council passed its resolution, campus personnel were discussing expected changes with students. The Institute scheduled a meeting with the Buffalo campus art students attended by the Director and Dean of the campus, a Corporate Curriculum Coordinator, and a member of the Buffalo Commercial Art Advisory Board. Ms. Samoorian reported that the Institute received positive feedback from the students who, after the meeting, seemed to have a better understanding and appreciation of the changes that were being made. In the Department's view, the information Ms. Samoorian provided is responsive to the Common Council's concerns and suggests that the Institute was cognizant of its responsibilities to enrolled students. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 78 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Hartwell Street Landfill, Site ID # 915030 Under provisions of the New York State Environmental Conservation Law, the Department of Environmental Conservation maintains a Registry of sites which have been used for the disposal of hazardous waste. property located at 1963 Elmwood Avenue in the City of Buffalo and County of Erie and designated as Tax Map Number 078-53-2 was recently deleted from the Registry. This notice of this recent action is being sent to you pursuant to the regulations governing the management of this program. Notice must be given to clerks of the county, the town or city (as the case may be), and (where located in one) the village, within which the site is located, and adjacent property owners. The reason for this recent Department action is as follows: - There has been no documented disposal of hazardous waste at this site. To help you better understand the significance of the site classification, enclosed is a brief description of each classification code and a two page summary of the subject site, as it appears in the Registry. For more information about this site or general information about the Inactive Hazardous Waste Site Remediation Program, please call 1-800-342-9296 toll free. Attention Property Owners: If the property you own has been leased to someone else, Please pass this notice on to the lessee. If you no longer own the property near the subject site, please provide this notice to the new owner and provide this office with the name and address of the new owner so that we can correct our records. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BUFFALO ENVIRONMENTAL COMMISSION. No. 79 TOWN OF WALES Request County Establish Hot Line for Rabies Information At a regularly scheduled meeting of the Town Board of the Town of Wales, held at the Wales Community Center, 12345 Big Tree Road, Wales Center, New York, on the 8th day of September, 1992, there were PRESENT- Robert Kowalewski, Supervisor Edmund Bogucki, Councilperson Mary Weinman, Councilperson Adrian Keem, Councilperson Robert Bragg, Councilperson Councilperson Weinman moved and Councilperson Keem seconded to adopt the following resolution: WHEREAS, there has been increasing concern of rabies by the residents of the County of Erie, and WHEREAS, there is no system or an inadequate system whereby citizens can receive immediate direction and guidance in the event of potential infection of rabies resulting to and from animal bites, and WHEREAS, the Erie County Department of Health has the responsibility to safeguard the health and well being of the residents of the County of Erie, NOW, THEREFORE, BE IT RESOLVED, that the Town of Wales does hereby request the Erie County Executive, the Erie County Department of Health and the Erie County Legislature to consider the establishment of an effective 24 hour hot line to provide immediate and necessary information regarding the safeguarding and treatment of potential rabid infected animals and persons, and the proper publication of same, and further RESOLVED, copies of this Resolution shall be bent to the Erie County Executive, Erie County Commissioner of Health, Clerk of the Erie County Legislature and all towns within the County of Erie. RECEIVED AND FILED. PETITIONS No. 80 Donald Krusczk and Others - Favor Dance Permit for Adventure Club, 124 Elmwood. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 81 John N. Lipsitz and Others - Opp. Permits for Adventure Club, 124 Elmwood. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 82 Appointment Street Sanitation//Laborer II That The Above Item Is Hereby Returned To The Common Council without Recommendation Mr. Pitts Moved: That Communication No 75 Jul 21, 1992 be received and filed and the temporary appointment of Michael W. Schmitt stated above at the Maximum salary $10.26 P/H effective on Jul 1, 1992 is hereby approved. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- LOTEMPIO- 1. No. 83 Appointment Street Sanitation//Truckdriver That The Above Item Is Hereby Returned to the Common Council Without Recommendation. Mr. Pitts Moved: That Communication No 96 Sep 1, 1992 be received and filed and the Permanent appointment of Daniel E. Lewandowski stated above at the Maximum salary $22,815.00 effective on Jul 27, 1992 is hereby approved. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- LOTEMPIO- 1. No. 84 Appointment Street Sanitation/Supervisor I That The Above Item is Hereby Returned to the Common Council without Recommendation Mr. Pitts Moved: That Communication No 97 Sep 1, 1992 be received and filed and the Permanent appointment of Richard T. Leverentz stated above at the Maximum salary $23,368.00 effective on Jul 22, 1992 is hereby approved. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- LOTEMPIO- 1. No. 85 Appointment Of Sanitation Worker (Inter)(STS) (Item # 81 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 86 Appointment Street Sanitation/Laborer II That Communication No 85 Sep 15, 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. PASSED. AYES- 13 NOES- 0. No. 87 Notices of Appointments (C.Clerk) (Item # 63 CCP Sep 29, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 88 Results Of Negotiations 418 Northampton Item No. 24, C.C.P., Sept. 15, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit the above item to the Committee on Finance. ADOPTED. No. 89 E. McLaughlin/Cancel Water Bill 1510 Michigan (Item # 124 CCP Sep 1 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 90 E. Mclaughlin/Cancel Water Bill 1510 Michigan (CC) (Item # 44 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 91 E. McLaughlin/Cancel Water Bill 1510 Michigan (PW) (Item # 34 CCP Sep 29, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 92 Request Audit Reports (BD Pkg) (Item # 10 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 93 Certiorari Proceedings 33-37 Franklin Street Fiscal Years 1991-92 & 1992-93 Item No. 21, C.C.P., Sept. 29, 1992 That the Corporation Counsel be, and he hereby is authorized and directed to settle the 1991-92 certiorari proceeding on 33-37 Franklin Street, Buffalo, New York by reducing the assessment from $230,000 to $160,000 and the 1992-93 certiorari proceeding by reducing the assessment from $230,000 to $140,000. PASSED. AYES- 13 NOES- 0. No. 94 Report Of Bids Erie Basin Marina - Phase III Item No. 29, C.C.P., Sept. 29, 1992 That the Commissioner of Public Works be, and he hereby is authorized to award the contract for Erie Basin Marina Phase III to Herbert F. Darling, Inc. with Alternate "A", the cost thereof to be charged to the CPF Account # 200-401-088-00-000 in an amount not to exceed $966,129.00, plus approved unit prices not to exceed an additional amount of $96,612.90. PASSED. AYES- 13 NOES- 0. No. 95 Report Of Bids - Emergency Repair Of Buffer System At The Ohio Street Lift Bridge Item No. 30, C.C.P., Sept. 29, 1992) That the Commissioner of Public Works be, and he hereby is authorized to award the contract for Emergency Repair of the Buffer System at the Ohio Street Lift Bridge to Nichols, Longe & More, with Alternate Number One, the cost thereof to be charged to the CPF Account #200-401-084-00-000 in an amount not to exceed $133,380.00, plus approved unit prices not to exceed an additional amount of $13,338.00. PASSED. AYES- 13 NOES- 0. No. 96 Emergency Rehabilitation To Bearings On The South Park Lift Bridge Item No. 31, C.C.P., Sept. 29, 1992 That the Commissioner of Public Works be, and he hereby is authorized to enter into a contract for Emergency Rehabilitation to Bearings on the South Park Lift Bridge. Funds for this work are in the Bond Fund Account #CPF 200-401-075-00-000 PASSED. AYES- 13 NOES- 0. No. 97 Change In Contract Change Order # 1 Louisiana Street Bridge Item No. 33, C.C.P., Sept. 29, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Oakgrove Construction Company, Inc. in the amount of $86,750.00 for additional work under contract # 91656500 for work relating to the Louisiana Street Bridge, with said cost to be charged against the Division of Engineering Bond Fund Accounts # 200-401-003 and # 200-401-507. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. No. 98 Compensation Claim Edward French Item No. 88, C.C.P., Sept. 29, 1992 That the Corporation Counsel be, and he hereby is authorized to settle a lump sum settlement for $35,000 to Edward French, a Caulker with the Division of Water. PASSED. AYES- 13 NOES- 0. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 99 Grace English Evangelical, Owner, Petition To Use 174 Cazenovia For A Pole Sign Item No. 74, C.C.P. June 29, 1992 That after a public hearing before the Committee on Legislation on October 6, 1992, the petition of Grace English Evangelical, owner, for permission to use 174 Cazenovia for a pole sign be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 100 Carmelo Piparo, Owner, Petition To Use 1460 Niagara Street For A Canopy Over Existing Gas Pumps Item No. 75, C.C.P. Sept. 29, 1992) That after a public hearing before the Committee on Legislation on October 6, 1992, the petition of Carmelo Piparo, owner, for permission to use a canopy over existing gas pumps on the front of 1460 Niagara Street be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 101 American Red Cross, Owner, Petition To Use Front Of 768 Delaware Avenue For Parking (Item No. 141, C.C.P. Sept. 1, 1992) That after a public hearing before the Committee on Legislation on September 8, 1992, the petition of American Red Cross, owner, for permission to use 768 Delaware Avenue for parking be and hereby is approved. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR, PITTS- 2. No. 102 768 Delaware Ave./Screening Of Parking Lot (CPBD) (Item # 8 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Restaurant-Dancing Class IV 1671 Seneca Street Item No. 32, C.C.P., Sept. 15, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: 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- 13 NOES- 0. No. 104 L. Zurek & Others Favor Dance License 124 Elmwood (Item # 77 CCP Sep 29, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 M. Turgeon/Re-instate Licenses 3405 Bailey (Item # 72 CCP Sep 29, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Solicitation Of Funds Application CCE - Citizens Campaign For The Environment Item No. 132, C.C.P., Sept. 15, 1992 That the Commissioner of Public Works be and hereby is authorized to issue an exemption from the licensing requirement of Chapter 316, Article VI of the Buffalo Code for soliciting funds to CCE (Citizens Campaign for the Environment) for the month of August, 1992. PASSED. AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- AMOS, ARTHUR- 2. No. 107 Charter Amendment - Citizen Complaint And Commendation Process - Buffalo Police Department Item No. 151, C.C.P., June 23, 1992 That the Common Council endorse "A Proposal to Improve the Citizen Complaint and Commendation Process of the Buffalo Police Department," the proposal submitted by the Council of Churches and others; and That this Honorable Body request the Corporation Counsel to draft a new section or an amendment to the appropriate section of Article 12, Department of Police, of the Charter of the City of Buffalo to define a citizen complaint process as outlined in the proposal submitted by the Council of Churches. ADOPTED. No. 108 Amendments/Charter Revision Report (C. Clerk) (Item # 58 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Ordinance Amendment Amend Chapter 216 Garbage, Rubbish And Refuse By Adding A New Article X - Source Separation Of Recyclables (Item No. 216, C.C.P. July 21, 1992) That the Ordinance Amendment as contained in Item No. 216, C.C.P. July 21, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 110 Ordinance Amendment/Ch. 309/Park Hours (NIP) (Item # 181 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Public Parking At Ellicott Mall (BMHA) (Item # 55 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 J. Sandoro/Oppose Lease Ellicott Mall For Parking (Item # 144 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Incomplete Work By National Fuel Gas On Fillmore (Item # 178 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Expand Recycling Program (Item # 145 CCP Jun 23, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Expand Recycling Program (CC) (Item # 59 CCP Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 New York Health (Assembly Bill # A-8912) (A&F) (Item # 57 CCP Apr 28, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Local 264 Favors New York Health Bill (# A8912) (Item # 108 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 S. Radford/BMHA Homeless (Item # 67 CCP Sep 15, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 S. Radford/BMHA/Homeless (Item # 57 CCP Sep 29, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Permission To Install Three Doors Encroach 517-19 Ellicott Street (Item No. 36, C.C.P., Sept. 29, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Franklin H. Yartz, owner of the Ellicott Small Animal Hospital at 517-19 Ellicott Street, to install three doors which, when opened, would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the doors be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond which will -indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said doors. PASSED. AYES- 13 NOES- 0. No. 121 Permission To Install Handicap Ramp Encroach 2495 Main Street (Item No. 37, C.C.P., Sept. 29, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. John Storm, owner of Trench Mfg. Co., at 2495 Main Street, to install a handicap ramp which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the handicap ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the handicap ramp is not permanent in nature or permanently affixed to the main building or public sidewalk. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said handicap ramp. PASSED. AYES- 13 NOES- 0. No. 122 F. Davis & Others Request Restore Teaches Aide Positions (Item # 78 CCP Sep 29, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 123 BY: MR. ARTHUR OPPOSE CUTS BY ERIE COUNTY IN LIBRARY AND BOOKMOBILE SERVICES IN THE CITY OF BUFFALO WHEREAS: Erie County's expenditure plans for 1993 envision cutting funds for the Buffalo and Erie County Public Libraries; and WHEREAS: The cuts that are being contemplated will affect all aspects of library services, resulting in: (1) the cutting of library hours by 50 percent for many branches and the permanent closing of others; (2) the elimination of the Bookmobile; (3) the reduction of book, magazine and media purchases by 40 - 50 percent; and (4) the curtailment of services and programs for children; and WHEREAS: The County of Erie, the City of Buffalo, the City of Lackawanna and the City of Tonawanda entered into a Sales Tax Revenue Distribution Agreement on the 30th day of December, 1977, which provided that 35.3055 percent of Sales Tax Revenue be allocated to the County of Erie; and WHEREAS: The intent of this provision was to enable the County of Erie to appropriate 11.4 percent of the annual yield from Sales Tax Revenues for the support of the Buffalo and Erie Public Library system, as well as various cultural and public benefit organizations; and WHEREAS: It has been calculated by the Department of Administration and Finance that the County failed to live up to this commitment, falling $6.7 million short in 1991 and $6.1 million short in 1992; and WHEREAS: Despite the County's failure to keep its part of this agreement, this Common Council last year appropriated funds from the City's Community Development Block Grant allocation to purchase a new bookmobile for the County. NOW THEREFORE BE IT RESOLVED: That this Common Council does hereby go on record as being strongly and vigorously opposed to any cuts in library and/or bookmobile services in the City of Buffalo; and BE IT FURTHER RESOLVED: That certified copies of this resolution be forwarded to the Erie County Executive and Legislature along with our strong admonition against this course of fiscal action, and a certified copy should be sent to the Board of Directors of the Buffalo and Erie County Libraries. ADOPTED. No. 124 BY: MR. ARTHUR REQUEST REPORT FROM THE CORPORATION COUNSEL-- AVAILABLE LEGAL REMEDIES TO PROTECT LIBRARY SERVICES. WHEREAS: Erie County's expenditure plans for 1993 envision cutting funds for the Buffalo and Erie County Public Libraries; and WHEREAS: The cuts that are being contemplated will affect all aspects of library services, resulting in: (l) the cutting of library hours by 50 percent for many branches and the permanent closing of others; (2) the elimination of the Bookmobile; (3) the reduction of book, - magazine and media purchases by 40 - 50 percent; and (4) the curtailment of services and programs for children; and WHEREAS: The County of Erie, the City of Buffalo, the City of Lackawanna and the City of Tonawanda entered into a Sales Tax Revenue Distribution Agreement on the 30th day of December, 1977, which provided that 35.3055 percent of Sales Tax Revenue be allocated to the County of Erie; and WHEREAS: The intent of this provision was to enable the County of Erie to appropriate 11.4 percent of the annual yield from Sales Tax Revenues for the support of the Buffalo and Erie Public Library system, as well as various cultural and public benefit organizations; and WHEREAS: It has been calculated by the Department of Administration and Finance that the County failed to live up to this commitment, falling $6.7 million short in 1991 and $6.1 million short in 1992; and WHEREAS: In 1953, as part of the agreement transferring the City'S interest in the library system to the County, there was-contained therein a hold-harmless clause that guaranteed that funding for the library system would not fall below the 1953 level; and WHEREAS: It seems evident that Erie County has violated the intent of the Sales Tax Distribution agreement, and the 1953 hold-harmless agreement, and that it plans to continue and accelerate this practice by cutting further library services, one of the few remaining services provided to the City by Erie County. NOW THEREFORE BE IT RESOLVED: That this Common Council requests the Corporation Counsel to investigate the possibility of the City suing the County for its failure to live up to the provisions of the Sales Tax Distribution Agreement and the 1953 hold-harmless agreement. Specifically, the Corporation Counsel should address the following question: Does the City of Buffalo have any redress for the County's failure to fund branch libraries and bookmobile services in the City of Buffalo at a level sufficient to keep them open on a full-time basis? ADOPTED. No. 125 BY: MR. ARTHUR DISCHARGE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE FACT FINDER REPORT - LOCAL 71 (NO. 117, C.C.P., JULY 7, 1992) Whereas: The above items were Tabled in the Special Committee on Taylor Law Impasse meeting held on Sept. 10, 1992, and Whereas: It is no longer necessary for this item to be considered by that Committee; Now, Therefore, Be It Resolved, that this Common Council does hereby Discharge the Special Committee on Taylor Law Impasse from further consideration of the above item. Seconded by Mr. Bell. CARRIED. Mr. Fahey moved that the Fact Finder Report is properly before the Common Council, and That the above item be received and filed. Seconded by Mr. Bell. ADOPTED. No. 126 BY: MR. ARTHUR REMOVAL OF ROBERT HEFTKA FROM POSITION OF ASSISTANT CORPORATION COUNSEL WHEREAS: Chapter 35, Article I, Subsection 35-6 of the City Charter states, "On and after July 1, 1939, it shall be the duty of each employee of the City of Buffalo, during the period of his employment by said city, to be a domiciled resident of the city and to maintain his permanent residence within the corporate limits of said city..." Furthermore, "Any employee who fails to comply with the provision of this section,...shall forfeit his employment and shall be removed therefrom"; and WHEREAS: On April 24, 1991, the Civil Service Commission approved the appointment of Robert Heftka as Assistant Corporation Counsel; and WHEREAS: At the time of his appointment, Robert Heftka was not a resident of the City of Buffalo. The Civil Service Commission's approval was conditional in that he move into the City of Buffalo by October 24, 1991; and WHEREAS: The Common Council's approval of Mr. Heftka's appointment, which took place on June 25, 1991, was also conditional on Mr. Heftka's moving into the city by October 24, 1991; and WHEREAS: Upon a request from acting Corporation Counsel R. Peter Morrow III, the Civil Service Commission agreed to extend the conditional approval of Mr. Heftka's appointment to January 31, 1992; and WHEREAS: To date, Mr. Heftka has not relocated into the City of Buffalo, clearly violating the original conditions of his appointment; NOW, THEREFORE BE IT RESOLVED: That this Common Council directs the Civil Service Commission and the Corporation Counsel to initiate the appropriate action necessary to remove Robert Heftka from the position of Assistant Corporation Counsel. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION AND THE CORPORATION COUNSEL. No. 127 BY: MR. ARTHUR OPERATION "WEED AND SEED" WHEREAS: Operation "Weed and Seed" is a community-based multi-agency strategy designed to "weed out" crime from targeted neighborhoods and then "seed" the areas with a wide range of crime and drug prevention programs and other human service initiatives; and WHEREAS: Under this new program, the federal government is now able to turn over real property seized through federal forfeiture laws to municipalities and not-for-profit community organizations; and WHEREAS: This would allow the City of Buffalo to play a more active role in helping to rebuild areas ravaged by crime and drugs, and would promote greater cooperation between law enforcement and the community; and WHEREAS: For the past six months, the office of the United States Attorney for the Western District of New York has been attempting to reach an agreement with the City of Buffalo that would facilitate this program; and WHEREAS: Although a Memorandum of Understanding was to have been presented to this Common Council by September 1992, no such document has been submitted; and WHEREAS: The U.S. Attorney has indicated that, if the Memorandum of Understanding is not approved by October 13, 1992, he will withdraw his proposal; and NOW, THEREFORE BE IT RESOLVED: That this Common Council requests the Corporation Counsel to report to this Common Council on the status of the Memorandum of Understanding regarding Operation "Weed and Seed;" and BE IT FURTHER RESOLVED: That this Honorable Body also requests the United States Attorney for the Western District of New York to consider an extension of his deadline for the ratification of this Memorandum of Understanding. ADOPTED. No. 128 BY: MR. ARTHUR TAX STATUS- 1235 HERTEL AVE. Whereas: On July 14, 1990, 1235 Hertel Ave., was purchased by the Trustees of Faith Good Shepherd Chapel; from Emmanuel Joseph Diena, Daniel David Diena, Benito Baruch Diena, and Moshe Eli Janowski, of 1111 Flint Road, Downsville, Ontario.; and Whereas: The property was occupied and used for religious purposes and activities only, and Whereas: When the Trustees of Good Shepherd Chapel applied for exemption status for the 91-92 tax year, with the department of assessment, they were notified that the property had to be register in the name of the church, and not the name of the trustees; and Whereas: While working on the transfer of property, the date for filing the property for tax exemption status for the fiscal year 91- 92 expired; and Whereas: Faith Good Shepard Chapel is requesting that this Honorable Body grant tax exempt status for the 91-92 fiscal year; and Now therefore let it be resolved that: This Honorable Body request that the Commissioner of Assessment grant tax exempt status for Faith Good Shepherd Chapel, at 1235 Hertel Ave., Buffalo, N.Y. for the 91-92 fiscal year; and REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 129 BY: MESSRS. ARTHUR AND PERLA ORDINANCE AMENDMENT- CHAPTER 511- ZONING The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-95 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-95. Uses subject to special regulation. It is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics when several of them are concentrated under certain circumstances, [which produce] producing a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary reason for regulation is to prevent a concentration of these uses in any one (1) area which could create adverse neighborhood effects. To enforce the restrictions upon the location of new uses, it is necessary for the city to require permits for all existing and new uses covered by this section. It is recognized that many of the uses regulated by this section involve potentially large profits which entice owners of buildings within the city to ignore the provisions of this chapter and disregard the adverse effects upon the neighborhood when leasing their property. It is necessary, therefore, to regulate owners as well as operators of these special regulated uses. Uses subject to these controls are as follows: A. Adult uses: adult bookstores- [and] adult motion picture theaters, including adult video stores, as defined in 511-4 of this chapter, and exotic cabarets as defined in 511-4 of this chapter. (1) It shall be unlawful to hereafter establish any adult bookstore, adult motion-picture theater, including adult video store, or exotic cabaret in any C, CM or M Zoned District if the proposed location is within [five hundred (500) feet] one thousand five hundred (1500) feet of an R District or if the proposed location is within one thousand (1,000) feet of another adult use (i.e. adult bookstore, adult motion-picture theater including adult video store, or exotic cabaret). These prohibitions shall be waived upon presentment to the City Planning Board of a validated petition requesting such waiver[, ]-. Applications for waivers of these locational requirements of this section shall be made upon verified petitions on a form supplied by the City Planning Board, and containing the signatures of [signed by] fifty-one percent (51%) or more of those persons [having their residence within five hundred (500) feet] owning property within one thousand five hundred (1500) feet of the proposed location. The word "establish" means to operate such an adult use as the owner of premises wherein such use is contained or as the lessee of premises wherein such use is contained or as an employee of the owner or operator of an adult use so established. (2) The City Planning Board shall waive this locational provision for adult bookstores- [and] adult motion-picture theaters, including adult video stores if the following findings are made: (a) That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed; (b) That the proposed use will not [enlarge or encourage the development of a skid row area;] result in blighting or diminishing property values of the surrounding neighborhood; (c) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; and (d) That all applicable regulations of this chapter have been and will be observed. (3) For exotic cabarets, the Common Council shall waive the locational requirements if the findings required under Subsection A(2) (a) through (d) can be made and after receiving a report and recommendation from the City Planning Board. (4) Petition of consent. The Commissioner of the Department of Inspections and [Licenses] Community Revitalization shall adopt rules and regulations for securing a petition of consent required in Subsection A(2) and (3). The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with such rules and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon. The City Planning Board shall not consider a waiver of locational requirements until the above-described petition shall have been filed and verified. (5) Adult use permit. No person, firm or corporation shall continue or engage in the business of operating an adult bookstore, adult motion-picture theater, including adult video store or exotic cabaret in the City of Buffalo without an adult use permit issued by the Director of Licenses [and Permits] after written application, duly verified, has been made therefore upon a form provided by said Director. Said application shall give the name and address of said applicant, the location of the premises whereon said adult use is or is to be operated and such other information as the Director of Licenses [and Permits] shall require. All permit applications submitted for new adult uses not previously operated in said location shall comply with all provisions set forth in Subsection A(1), (2), (3) and (4) above. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE Matter in brackets to be deleted;; matter underlined is new. PASSED. AYES- 13 NOES- 0 No. 130 BY: MR. ARTHUR APPOINT MR. ZIELINSKI TO THE BOARD OF ASSESSMENT REVIEW WHEREAS: Many City of Buffalo Residents have challenged this year's new assessments of their properties; and WHEREAS: Due to the increase in hearings the Board of Assessment Review must conduct because of the challenges, more work will be required of the Board; and WHEREAS: It is in the City's and in the Board of Assessment Review's best interest to appoint additional qualified individuals to this board; and Whereas: Mr. Robert J. Zielinski, a life-long resident of the City of Buffalo, is considered an expert in the field of property assessment, having 27 years of experience in the Assessors Office. He served as the City's Principal Assessor before his retirement this year; NOW THEREFORE BE IT RESOLVED: That this Common Council appoint Mr. Robert J. Zielinski to the Board of Assessment Review. REFERRED TO THE COMMITTEE ON FINANCE. No. 131 BY: MR. BAKOS REMOVE 2037 CLINTON STREET FROM GRASS CUTTING ASSESSMENT WHEREAS: Mrs. Irene Bartoszek of 264 South Ogden Street is the owner of a vacant lot at 2037 Clinton Street; and WHEREAS: Mrs. Bartoszek has been assessed for grass cutting service at 2037 Clinton Street in fiscal years 91-92 and 92-93; and WHEREAS: 2037 Clinton Street is a fenced in lot maintained by its owner, Mrs. Bartoszek; and WHEREAS: The City of Buffalo never provided the grass cutting service that Mrs. Bartoszek has been billed for; NOW, THEREFORE BE IT RESOLVED: That the property located at 2037 Clinton Street owned by Mrs. Irene Bartoszek of 264 South Ogden Street be removed from the grass cutting assessment roll. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT. No. 132 BY: MR. BELL DISCHARGE COMMITTEE ON ECONOMIC DEVELOPMENT LDA- BURKE BROS. - VALLEY HOUSING (ITEM 50, C.C.P., SEPT. 29, 1992) Whereas: The above items were Tabled in the Committee on Economic Development meeting held on Oct. 7, 1992, and Whereas: It is no longer necessary for this item to be considered by that Committee; Now, Therefore, Be It Resolved, that this Common Council does hereby Discharge the Committee on Economic Development from further consideration of the above item. Seconded by Mr. Higgins. CARRIED. On a motion by Mr. Fahey, Seconded by Mr. Bell the item is Properly before the Common Council and the hearing be opened. CARRIED. Appearances : Louis Malucci Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Bell moved that: WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Burke Brothers Construction 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 amendment to the Land Disposition Agreement has been duly submitted to the Common Council by the Buffalo Urban Renewal Agency; and WHEREAS, The Agency and the Redeveloper have requested to amend the LDA to include 834 South Park to Schedule A of said LDA for the construction of two (2) additional units of residential new housing known as the Valley New Housing Project in the Community Wide Urban Renewal Demonstration Program Area bringing the total number of units to three; NOW, THEREFORE, BE IT RESOLVED: (1) That the Land Disposition Agreement by and between The City of Buffalo Urban Renewal Agency and Burke Brothers Construction, Inc. shall be amended as follows: a.) Amend Schedule "A" as attached hereto to include the following 834 South Park and to delete 865 South Park. b.) Amend Section 4 of the LDA to increase the number of residential dwelling units to three (3). c.) All terms and provisions not included in this Amendment shall remain unchanged and shall remain in full effect. (2) That Burke Brothers Construction, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban Renewal Homestead Program. (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- 13 NOES- 0 No. 133 BY: MR. BELL DISCHARGE COMMITTEE ON ECONOMIC DEVELOPMENT LDA - GAL-VAN - CLINTON-EMSLIE HOUSING (COM. 51, C.C.P., SEPT. 29, 1992) Whereas: The above items were Tabled in the Committee on Economic Development meeting held on Oct. 7, 1992, and Whereas: It is no longer necessary for this item to be considered by that Committee; Now, Therefore, Be It Resolved, that this Common Council does hereby Discharge the Committee on Economic Development from further consideration of the above item. Seconded by Mr. Fahey. CARRIED. On a motion by Mr. Fahey, Seconded by Mr. Bell the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances: Louis Malucci Rocco Termini Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Bell moved that: WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Gal/Van Developers, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and NOW, THEREFORE, BE IT RESOLVED: (1) That and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Clinton-Emslie New Housing Project Phase IC in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute a any and all deeds or other legal documents necessary to convey the property from the. PASSED. AYES- 13 NOES- 0 No. 134 BY: MR. BELL DISCHARGE COMMITTEE ON ECONOMIC DEVELOPMENT AUTHORIZATION- RFP FOR CITY HOUSING (RES 181, C.C.P., SEPT. 1, 1992) Whereas: The above item was Tabled in the Committee on Economic Development meeting held on Oct. 7, 1992, and Whereas: It is no longer necessary for this item to be considered by that Committee; Now, Therefore, Be It Resolved, that this Common Council does hereby Discharge the Committee on Economic Development from further consideration of the above item. Seconded by Mr. Coppola. CARRIED. Mr. Fahey moved that the above Item is properly before the Common Council, and That the above item be and the same is hereby approved. Seconded by Mr. Coppola. ADOPTED. No. 135 BY: MR. COLLINS ORDINANCE AMENDMENT CHAPTERS 107, 169 AND 479 OF CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapters 107, 169 and 479 of Chapter 175, Fees of the Code of the City of Buffalo amended to read as follows: Chapter 107, Buildings, Moving of Sec.107-1, Permits Moving building upon petition to Common Council [$105.00] $200.00 Moving building on wheeled vehicle without consent of Common Council [$ 10.50) $ 50.00 Chapter 169, Excavations and Quarries S169-6, permit for hauling excavated material [$ 5.25] $ 10.00 Chapter 479, Vehicles and Traffic Sec.479-15. load zone hermits Load Zone Permits Per lineal foot $ 3.00 Renewal Per lineal foot $ 3.00 APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ) to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 136 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -EXEMPT ITEMS CAPITAL PROJECTS FUND DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $23,000 be and the same is hereby transferred from the Reserve for Capital Improvement account in Appropriation Allotments - Exempt Items and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $23,000 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $23,000 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $23,000 To: 200 Capital Projects Fund 40-2 Division of Buildings 024 - Construction of Old First Ward Community Ctr. $23,000 PASSED. AYES- 13 NOES- 0. No. 137 BY: MR. COLLINS INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS RESERVED FUND BALANCE DIVISION OF INVENTORY & STORES That, pursuant to section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Inventory & Stores be and the same hereby is increased in the sum of $1,900. That the Comptroller be and hereby is authorized and directed to transfer the sum of $1,900 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 10-4 - Division of Inventory & Stores 085 - Capital Outlay 982 - Operating Equipment Purchase of tire repair machine $1,900 PASSED. AYES- 13 NOES- 0 No. 138 BY: MR. COLLINS INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS RESERVED FUND BALANCE CIVIL SERVICE COMMISSION 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 - Civil Service Commission be and the same hereby is increased in the sum of $4,700. That the Comptroller be and hereby is authorized and directed to transfer the sum of $4,700 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 05-0 - Municipal Civil Service Commission 085 - Capital Outlay 982 - Operating Equipment Purchase computer equipment $3,900 983 -Office Equipment Purchase a card file cabinet $800 Total $4,700 PASSED. AYES- 13 NOES- 0. No. 139 BY: MR. COLLINS SET PUBLIC HEARING MASTEN NEW HOUSING PHASE I AMENDMENT TO LAND DISPOSITION AGREEMENT OMEGA HOMES, INC. WHEREAS, Omega Homes, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will include 75 and 120 Northland to Schedule A of said LDA for the construction of two (2) additional units of residential new housing known as the Masten New Housing Project Phase I in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 16th day of October 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 27th day of October 1992. ADOPTED. No. 140 BY: MR. COLLINS SET PUBLIC HEARING MASTEN NEW HOUSING PHASE 11A AMENDMENT TO LAND DISPOSITION AGREEMENT BELLWEATHER BUILDERS, INC. WHEREAS Bellweather Builders, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will include 32-38 Elsie, 42-46 Alexander and 31 Elsie to schedule A of said LDA for the Masten New Housing Project Phase 11A in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 16th day of October 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 27th day of October 1992. ADOPTED. No. 141 BY: MR. COLLINS SET PUBLIC HEARING CLINTON PARK II NEW HOUSING PROJECT APPROVAL OF LAND DISPOSITION AGREEMENT JAMES MANAGEMENT CO., INC. WHEREAS, James Management Co., Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of six (6) residential units of new housing known as the Clinton Park II New Housing Project in the Community Wide Urban Renewal Demonstration Program Area and Emslie Neighborhood Development Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 16th day of October 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 27th day of October 1992. ADOPTED. No. 142 BY: MR. COLLINS SET PUBLIC HEARING WINSLOW PARK NEW HOUSING PROJECT APPROVAL OF LAND DISPOSITION AGREEMENT AICHA CONSTRUCTION COMPANY, INC. WHEREAS, Aicha Construction Company, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of five (5) residential units of new housing known as the Winslow Park New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project bay be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 16th day of October 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 27th day of October 1992. ADOPTED. No. 143 BY: MR. COPPOLA AMEND BUFFALO CODE ON PORTABLE SIGNS WHEREAS: Over the past several months, a dramatic increase in the placement of portable signs has occurred on the sidewalks of the City of Buffalo; and WHEREAS: In many instances, these signs have been improperly installed, and the proper permits and Common Council approval has not been obtained; and WHEREAS: In most cases, the business owners are not aware of the City Code requiring permits and Common Council approval, and the sign companies do not inform them of the necessity; and WHEREAS: The permit fee for a portable sign without electrical hookup is $105.00, and the fee for electrical hookup is $131.25, but with the current proliferation of signs, the city is losing much needed revenue; and WHEREAS: Chapter 387, Article II, Portable Signs clearly places the burden of securing permits and Council approval on the business owner or lessee of the signs; and WHEREAS: Rather than placing the burden upon the business owner, the burden should be placed upon the sign companies with the permit fee included in the rental fee. NOW THEREFORE BE IT RESOLVED THAT The intent of this legislation is not to penalize but to control illegally placed signs and to recoup lost revenue; therefore, this Common Council requests that the Corporation Counsel amend the present City Code on Portable Signs to place the burden of securing the necessary permits and Common Council approval on the sign companies rather than the business owners. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. No. 144 BY: MR. COPPOLA SECURITY CONCERNS CITY PARKING RAMPS WHEREAS: There have been reports on an increased amount of assaults, attacks and robberies in city-owned, downtown parking ramps; and WHEREAS: This increase in criminal activity seems to be directly related to the decrease in security personnel patrolling the six downtown city ramps and the lack of police foot patrols in the areas adjacent to the ramps; and WHEREAS: A lack of visible security personnel can only have an adverse affect on deterring crime; and WHEREAS: According to representatives of the firms who oversee the day-to-day parking and security operations at the ramps, funding cutbacks from the city Board of Parking are the cause for the reduction in security; and WHEREAS: Public safety is of paramount importance, and as owner of the ramps, it is the responsibility of the City of Buffalo to provide adequate security; NOW, THEREFORE BE IT RESOLVED: That this Common Council request that the city Board of Parking and the Buffalo Police Department take the necessary measures to provide increased security for the downtown parking ramps; and BE IT FURTHER RESOLVED: That a representative of the Board of Parking and a representative of the Police Department attend the next regularly scheduled meeting of the Common Council's Finance Committee to address the concerns related to the provision of security at parking ramps under the Board's jurisdiction; and BE IT FURTHER RESOLVED: That this Common Council requests that the City Clerk forward certified copies of this resolution to the Board of Parking, Allright Parking, and RJD Security requesting information from them regarding the security cutbacks. ADOPTED. No. 145 BY: MR. COPPOLA REQUEST UPDATE FROM BMHA ON PRESENCE OF LEAD IN WATER WHEREAS: The presence of lead in the drinking water of municipal buildings is of great concern because of the potential of adverse health effects; and WHEREAS: It is of special great concern in housing provided by the Buffalo Municipal Housing Authority because of the many children who reside there. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests an update from the Buffalo Municipal Housing Authority concerning improvements to rectify the problem of lead in the drinking water in municipal housing. ADOPTED. No. 146 BY: MR. COPPOLA REQUEST UPDATE FROM BOARD OF EDUCATION REGARDING HANDICAPPED ACCESS WHEREAS: Accessibility to the city's public buildings is of utmost importance, especially our public schools; and WHEREAS: Of particular importance, public schools should be accessible to disabled individuals. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests an update from the Board of Education regarding handicapped accessibility in the Buffalo public schools; and of particular interest are the schools which remain to be made accessible to the disabled. ADOPTED. No. 147 BY: MR. COPPOLA FORGIVE INTEREST ON WATER BILL 71 VERNON PLACE WHEREAS: On July 2, 1991, Kevin D. and Joan Tedesco Blair purchased 71 Vernon Place having moved to Buffalo from Chicago, Illinois; and WHEREAS: Prior to closing, Mr. Blair paid his portion of the existing water bill and notified the Division of Water of the change in ownership; and WHEREAS: Since that time, the Blairs had received no communication from the Division of Water until Friday, October 2, 1992, when they received a final notice and the unpaid bill including interest for one year addressed to the former owner; and WHEREAS: Apparently, the water bills were forwarded by the Post Office to the prior owner, who now resides in the Seattle, Washington, area; and WHEREAS: The Division of Water readily admitted that at least two previous bills had been sent to the prior owner, who finally notified the department of the error in billing; and WHEREAS: The Division of Water has adjusted the bill, and a payment schedule had been agreed to; however, the Blairs dispute the interest charges because the department was clearly at fault and have requested forgiveness of the interest charges. NOW THEREFORE BE IT RESOLVED THAT Because of the circumstances involved in this case, this Common Council requests that the interest for one year charged to the owners of 71 Vernon Place be forgiven. PASSED. AYES- 13 NOES- 0 No. 148 BY: MR. FAHEY DISCHARGE COMMITTEE ON FINANCE AUTHORIZE RFP-OPERATION OF FIRE DEPT. (RES. 180, C.C.P., SEPT. 1, 1992) Whereas: The above items were Tabled in the Committee on Finance meeting held on Oct. 6, 1992, and Whereas: It is no longer necessary for this item to be considered by that Committee; Now, Therefore, Be It Resolved, that this Common Council does hereby Discharge the Committee on Finance from further consideration of the above item. Seconded by Mrs. LoTempio. CARRIED. Mr. Fahey moved that the above Item is properly before the Common Council, and That the above item be and the same is hereby approved. Seconded by Mr. Bell. ADOPTED. No. 149 BY: MR. FAHEY SECURITY IN CITY HALL WHEREAS: There has been an increase in the number of complaints from City Hall offices regarding security; and WHEREAS: A number of wallets and purses have been taken or attempts have been made; and WHEREAS: There are people roaming aimlessly in the hallways and staircases; and WHEREAS: City Hall is a public building and it is not the intention of this resolution to restrict access to City Hall; and WHEREAS: While not restricting access, employees and visitors to City Hall must feel secure; and WHEREAS: Aside from calling 911, there is no phone number to call if a problem exists in the building; and WHEREAS: There currently is no security plan for City Hall during business hours. NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that the Commissioner of Police report to the Council on the feasibility of assigning a police officer to City Hall during working hours; BE IT FURTHER RESOLVED: That this Honorable Body also requests that the Police Commissioner advise the Council on setting up a security plan. ADOPTED. No. 150 BY: MR. FAHEY REQUEST STREET SANITATION DEPARTMENT TO START DISPOSAL OF REFRIGERATORS WHEREAS: Recently passed federal Clean Air Act amendments related to protecting stratospheric ozone require the recycling of refrigerants such as Freon which contain ozone depleting compounds such as CFCs; and WHEREAS: Preventing the release of ozone depleting compounds is of critical importance because ozone filters harmful types of solar radiation which can cause skin cancers in people and wreak havoc on other species of animals and plants; and WHEREAS: Because of the recent amendments, Street Sanitation crews have stopped picking up refrigerators, leading to a situation where scavengers can take refrigerators, surreptitiously release the Freon, and sell the metal for scrap; and WHEREAS: Integrated Waste, the company which runs the East Side Transfer station, has purchased CFC recycling equipment and has secured a permit alteration which allows them to legally decommission refrigerators by removing the Freon and recycling it; and WHEREAS: The City has yet to make use of the equipment at the East Side Transfer Station, a situation which needs to be rectified immediately given the critical nature of worldwide efforts to stop the depletion of the ozone layer; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests reports from the Departments of Public Works and Street Sanitation detailing plans to begin picking up refrigerators in the City of Buffalo and legally decommissioning them before disposal or recycling. ADOPTED. No. 151 BY: MR. FAHEY FEASIBILITY STUDY FOR MEMORIAL AUDITORIUM WHEREAS: The City of Buffalo is in the process of laying the ground work for a new arena; and WHEREAS: Memorial Auditorium has served the City of Buffalo as the home of major league hockey, basketball, soccer and numerous other sporting events; and WHEREAS: The structural integrity and other amenities of the arena still make the Aud a potential venue for other uses; and WHEREAS: Any opportunities to utilize the Aud should be fully explored; and WHEREAS: The need has been expressed for additional convention facilities within the City. NOW, THEREFORE, BE IT RESOLVED THAT: The Department of Community Development undertake a feasibility study exploring the conversion of Memorial Auditorium into a convention and visitors center. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 152 BY: MR. FAHEY ESTABLISH A 24 HOUR TELEPHONE HOT LINE FOR EMERGENCY PUBLIC GUIDANCE AND INFORMATION FOR RABIES INFECTION WHEREAS: There has been increasing concern of rabies infection by residents of the City of Buffalo and Erie County; and WHEREAS: There is no system available whereby the citizenry can access emergency guidance and direction in the event of potential infection of rabies from animal bites; and WHEREAS: With exposure to wild animals an always present threat to the citizenry and their domestic animals, it Is the responsibility of the Erie County Department of Health to safeguard the health and well being of the residence of Erie County. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council does hereby request the Erie County Executive, The Erie County Department of Health and the Erie County Legislature to establish an effective "24 Hour Hot-Line" to provide emergency and necessary information regarding the safeguarding and treatment of potential rabid infected animals and persons, and the proper publication of the same; and BE IT FURTHER RESOLVED THAT: The City Clerk forward copies of this resolution to the Erie County Executive, the Erie County Commissioner of Health, the Clerk of the Erie County Legislature and the Council of the Town of Wales. ADOPTED. No. 153 BY: MESSRS. FAHEY AND BAKOS SET HEARING ON TOXIC AIR EMISSIONS IN THE SENECA-BABCOCK AREA WHEREAS: This Common Council adopted Item 224 C.C.P. July 23, 1991 which requested a written report from the NYS Departments of Health and Environmental Conservation detailing the potential health effects of toxic air emissions in the Seneca Babcock neighborhood and the symptoms which residents should watch for to determine if they are being affected by toxic air pollutants; and WHEREAS: This report was requested in the wake of a well publicized sulphur dioxide release which highlighted the concerns of residents in the Seneca-Babcock area about polluted air; and WHEREAS: According to Toxic Release Inventory data from 1990, local industries had the following toxic air releases: PVS Chemicals Inc. released: 20,000 pounds of sulfuric acid and 170 pounds of hydrochloric acid Buffalo Color Corp. released: 304 pounds of formaldehyde, 15,068 pounds of aniline, 218,532 pounds of methanol, 2,224 pounds of butadiene, 3,952 pounds of maleic anhydride, 17,022 pounds of dimethylaniline, 174,351 pounds of ammonia, and 223 pounds of sulfuric acid, 205 pounds of cyanide compounds, 1 pound of nickel compounds; and Allied Signal Inc. released: 122 pounds of methanol, 932 pounds of 1,1 dichloroethene, 225 pounds of toluene, 40 pounds of Hydrofluoric Acid WHEREAS: According to an analysis of TRI data done by Citizen Action of NY, zip code 14210, which includes the Seneca Babcock area, is ranked 8th in New York State for releases of cancer causing chemicals and Buffalo Color ranks 6th statewide among companies releasing carcinogens; and WHEREAS: In December of 1991, local officials with the Department of Health (DOH) indicated to Council Staff that the DOH in Albany was preparing a health effects report as requested but that the research and peer review process would be a lengthy one and that patience was in order; and WHEREAS: In early August of 1992, a letter was sent to the DOH Bureau of Toxic Substance Assessment inquiring as to the status of the health effects report; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests Edward G. Horn, Ph.D., Director of the NYSDOH Bureau of Toxic Substance Assessment, to attend a Council Legislation Committee hearing on this issue to which Seneca-Babcock neighborhood residents and local environmental organizations will be invited; and BE IT FURTHER RESOLVED THAT: The City Clerk be directed to send certified copies of this resolution to Dr. Horn at the NYSDOH Center for Environmental Health, 2 University Place, Albany, NY 12203-3399, NYSDOH Commissioner Mark R. Chassin, M.D., M.P.P., M.P.H. at the same address, NYSDOH Regional Director, Dr. Olivia Smith-Blackwell at 584 Delaware Avenue, Buffalo, NY 14202, and Marie Grable of the Seneca Babcock Community Center c/o 207 Maurice Street, Buffalo, NY 14210; and BE IT FINALLY RESOLVED THAT: Council staff be directed to contact Dr. Horn and arrange an appropriate Legislation Committee date for him to address the Committee regarding this issue. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 154 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. Ralph W. Baker Claim for loss of garbage can. $11.00 2. Judith M. Halladay Claim for personal property damaged while performing duties with the Buffalo Police Department. $72.00 3. Pat Kozakiewicz Claim for loss of garbage cans. $20.00 4. Parts Plus Autostore Claim for prior fiscal year invoice for services rendered to Inventory and Stores. $36.57 5. Gaetano Sicignano Claim for loss of garbage can. $ 8.00 6. Charlene A. Vitale Claim for personal property of City employee damaged as the result of a defective condition of City property. $72.78 7. Geraldine Wayman Claim for loss of garbage can. $ 8.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES - 13 NOES - 0. No. 155 BY: MESSRS. HIGGINS, BAKOS AND FAHEY FRANCZYK, AMOS, BELL AND MRS. LOTEMPIO DECLARING THE BUFFALO RIVER A TOXIC FREE ZONE AND REQUESTING NEGOTIATIONS WITH BUFFALO COLOR CORPORATION WHEREAS: The remediation of the Buffalo River is a matter of international concern and the recent River Dredging Conference organized by the Erie County Department of Environment and Planning has spotlighted the rebirth and forthcoming cleanup of the Buffalo River within the scientific community; and WHEREAS: At this historic juncture, further industrial discharges of toxic chemicals into the Buffalo River are detrimental to, and in fundamental conflict with, the considerable efforts and resources committed toward the remediation of the River; and WHEREAS: Among the industrial discharges to the Buffalo River recorded for the 1990 Federal Toxic Release Inventory were: From the Buffalo Color Corporation: 22,941 pounds of aniline 4,401 pounds of ammonia 2,353 pounds of cyanide compounds 13,522 pounds of dimethylaniline 1,802 pounds of formaldehyde 192 pounds of nickel compounds From PVS Chemicals Inc.: 1,400 pounds of sulfuric acid From Airco Industrial Gases: 45 pounds of ammonia; and WHEREAS: In addition, industrial discharges of "non-contact cooling water" are currently allowed on the theory that these discharges contain no toxins and don't impact the river temperature to a harmful degree; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby declares the Buffalo River to be a Toxic Free Zone and pledges to work with companies on the River to reduce their use of toxic substances so that before the year 2,000 there will be no further discharges of harmful substances into local waterways by these companies; and BE IT FURTHER RESOLVED THAT: This Common Council requests Buffalo Color Corporation to enter into negotiations aimed at producing a "Good Neighbor Pact" with a committee to be appointed by the Council; and BE IT FURTHER RESOLVED THAT: While Buffalo Color will be the focus of the Good Neighbor Committee, PVS Chemicals Inc. and Airco Inc. will also be invited to participate with the understanding that they will be the subject of future Committee efforts if they don't participate now; and BE IT FURTHER RESOLVED THAT: The Committee will work to build a consensus Good Neighbor Pact which will specify toxic use reduction goals for participating companies along with an effective verification program which will include annual reports to the Common Council; and BE IT FURTHER RESOLVED THAT: This Council requests the Department of Environmental Conservation to provide a report on the impact of "non-contact cooling water" to the Buffalo River; and BE IT FINALLY RESOLVED THAT: The City Clerk be directed to send certified copies of this resolution to the Buffalo Color Corporation, PVS Chemicals Inc., Airco Inc., the NYS Department of Environmental Conservation, the Buffalo Sewer Authority, the Buffalo Environmental Management Commission, Great Lakes United, The Buffalo River Remedial Action Committee and the Friends of the Buffalo River. ADOPTED. No. 156 BY: MR. PITTS SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS LOCAL #71 - OPERATING ENGINEERS (1989-1990) The Common Council of the City of Buffalo does hereby ordain as follows: That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to the various departments listed below, relating to positions covered by the Local 71 bargaining agreement, is hereby amended to read as follows: (Note: Old salaries are in brackets) This ordinance shall be effective retroactive to July 1, 1989. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance Is necessary. WE, JOSEPH V. SCHOLLARD, Commissioner of Inspections and Community Revitalization, DAVID P. COMERFORD, Commissioner of Public Works, JOHN P. SCANLON, Chairman, Board of Stadium and Memorial Auditorium and THOMAS F. KEENAN, Director of the Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM LAURENCE K. RUBIN Corporation Counsel PASSED. AYES - 13 NOES - 0. No. 157 BY: MR. PITTS SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS LOCAL #71 - OPERATING ENGINEERS (1990-1991) The Common Council of the City of Buffalo does hereby ordain as follows: That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to the various departments listed below, relating to positions covered by the Local 71 bargaining agreement, is hereby amended to read as follows: (Note: Old salaries are in brackets) This ordinance shall be effective retroactive to July 1, 1990. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, JOSEPH V. SCHOLLARD, Commissioner of Inspections and Community Revitalization, DAVID P. COMERFORD, Commissioner of Public Works, JOHN P. SCANLON, Chairman, Board of Stadium and Memorial Auditorium and THOMAS F. KEENAN, Director of the Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM LAURENCE K. RUBIN Corporation Counsel PASSED. AYES - 13 NOES - 0. No. 158 BY: MR. PITTS SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS LOCAL #71 - OPERATING ENGINEERS (1992-1993) The Common Council of the City of Buffalo does hereby ordain as follows: That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to the various departments listed below, relating to positions covered by the Local 71 bargaining agreement, is hereby amended to read as follows: (Note: Old salaries are in brackets) This ordinance shall be effective retroactive to July 1, 1992. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, JOSEPH V. SCHOLLARD, Commissioner of Inspections and Community Revitalization, DAVID P. COMERFORD, Commissioner of Public Works, JOHN P. SCANLON, Chairman, Board of Stadium and Memorial Auditorium and THOMAS F. KEENAN, Director of the Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM. LAURENCE K. RUBIN Corporation Counsel PASSED. AYES - 13 NOES - 0. No. 159 BY: MR. PITTS ORDINANCE AMENDMENT SECTION 9 OF CHAPTER 35 SALARY AND WAGE SCHEDULE "E" INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL # 71 1989-1990, 1990-1991 AND 1992-1993 The Common Council of the City of Buffalo do ordain as follows: That Subdivision (A) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo, relating to Salary and Wage Schedule "E", Local #71 of the International Union of Operating Engineers, is hereby amended to read as follows on the attached schedules: and That the salaries shall take effect as of the effective dates on the attached schedules. APPROVED AS TO FORM. LAURENCE K. RUBIN Corporation Counsel PASSED. AYES - 13 NOES - 0. SALARY AND WAGE SCHEDULE "E" 1989-90 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 18,999 19,743 20,485 21,228 21,972 2 19,653 20,436 21,221 22,002 22,786 3 22,168 23,129 24,096 25,056 26,018 4 23,545 24,657 25,766 26,876 27,986 5 24,711 25,942 27,172 28,403 29,635 6 25,760 27,035 28,311 29,584 30,861 7 28,604 30,015 31,425 32,856 34,339 8 36,524 38,361 40,200 42,123 44,046 This Schedule "E" shall be effective retroactive to July 1,1989. This schedule is applicable to members of Local #71 of the International Union of Operating Engineers. SALARY AND WAGE SCHEDULE "E" 1990-91 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 19,949 20,730 21,509 22,289 23,071 2 20,636 21,458 22,282 23,102 23,925 3 23,276 24,285 25,301 26,309 27,319 4 24,722 25,890 27,054 28,220 29,385 5 25,947 27,239 28,531 29,823 31,117 6 27,048 28,387 29,727 31,063 32,404 7 30,034 31,516 32,996 34,499 36,056 8 38,350 40,279 42,210 44,229 46,248 This Schedule "E" shall be effective retroactive to July 1,1990. This schedule is applicable to members of Local #71 of the International Union of Operating Engineers. SALARY AND WAGE SCHEDULE "E" 1992-93 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 20,547 21,352 22,154 22,958 23,763 2 21,255 22,102 22,950 23,795 24,643 3 23,974 25,014 26,060 27,098 28,139 4 25,464 26,667 27,866 29,067 30,267 5 26,725 28,056 29,387 30,718 32,051 6 27,859 29,239 30,619 31,995 33,376 7 30,935 32,461 33,986 35,534 37,138 8 39,501 41,487 43,476 45,556 47,635 This Schedule "E" shall be effective retroactive to July 1,1992. This schedule is applicable to members of Local #71 of the International Union of Operating Engineers. No. 160 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 70-0 DEPARTMENT OF STREET SANITATION The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 70-0 Department of Street Sanitation, under the subheading "011 - Collection of Refuse & Street Cleaning" which reads: 7 Tractor Trailer operator 22,602- 25,736 9 Heavy Equipment operator $21,717- 24,536 is hereby amended to read: 6 Tractor Trailer operator $22,602- 25,736 10 Heavy Equipment operator $21,717- 24,536 WE, WILLIAM COMELLO, Acting Commissioner of Street Sanitation and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Tractor Trailer Operator position and the creation of one (1) Heavy Equipment Operator position in the Department of Street Sanitation is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of said position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM. LAURENCE K. RUBIN Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 161 BY: MR. PITTS PUBLIC HEARING ON REFRANCHISING WHEREAS: The City of Buffalo and TCI of New York are in the process of negotiating a new franchise agreement that could benefit both the City of Buffalo and Cable subscribers; and WHEREAS: It is important that this Common Council, as the franchising authority, begin the refranchising process as soon as possible in order to ensure that the new contract will be beneficial to both parties; and WHEREAS: (An integral part of this process is the assessment of the performance of the current franchisee over the term of the contract; and WHEREAS: The Common Council has the responsibility to provide knowledgable and technical assistance to educate the public and thoroughly evaluate the cable system; and NOW, THEREFORE BE IT RESOLVED THAT: The Common Council hold a series of public hearings to enable the public to voice their concerns; and BE IT FURTHER RESOLVED THAT: The City Clerk publish notice of these public hearings to be held in Council Chambers at 7:00 p.m. on November 17, & 19, 1992. ADOPTED. No. 162 BY: MR. PITTS SET PUBLIC HEARING: CLINTON-EMSLIE NEW HOUSING PHASE II AMENDMENT OF LAND DISPOSITION AGREEMENT BURKE BROTHERS CONSTRUCTION, INC. WHEREAS, Burke Brothers Construction, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will include part of 338 South Park (two building lots 58 x 143 each) to Schedule A of said LDA for the construction of two (2) additional units of residential new housing known as the Clinton-Emslie New Housing Project Phase II in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: l. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 16th day of October 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 27th day of October 1992. ADOPTED. No. 163 BY: MR. PITTS SET PUBLIC HEARING: EMSLIE NDP NEW HOUSING PROJECT AMENDMENT TO LAND DISPOSITION AGREEMENT MG OGIONY BUILDERS, INC. WHEREAS, MJ Ogiony Builders, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will include part of 338 Katherine Street (one building lot 58 x 134) to Schedule A of said LDA for the Emslie NDP New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 16th day of October 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 27th day of October 1992. ADOPTED. No. 164 BY: MR. PITTS DISCHARGE COMMITTEE ON CLAIMS REQUEST RETROACTIVE PAY FY 1989-90 EDWIN HERNANDEZ & WILLIAM SMITH (COM. 54, C.C.P. SEPT. 29, 1992) WHEREAS: The above item was referred to the Committee on Claims at the Common Council meeting held September 29, 1992; and WHEREAS: It is no longer necessary for this item to be considered by the Committee on Claims; NOW, THEREFORE, BE IT RESOLVED: That this Common Council does hereby Discharge the Committee on Claims from further consideration of the above item. Seconded by Mr. Higgins CARRIED Mr. Fahey now moved that the communication from the Department of Human Resources dated September 17, 1992 and Item 54, C.C.P., September 29, 1992 be received and filed; and That the retroactive pay for fiscal year 1989-90 be and hereby is authorized for Mr. Edwin Hernandez in the amount of $199.03 and for Mr. William Smith in the amount of $173.70. PASSED. AYES - 13 NOES - 0. No. 165 BY: MR. ZUCHLEWSKI REQUEST PUBLIC WORKS AND STREET SANITATION TO REPORT ON THE FEASIBILITY OF CITY DISTRIBUTION OF BACKYARD COMPOSTING UNITS WHEREAS: As solid waste costs skyrocket nationally, local governments have been turning to the composting of yard wastes as an economical way to cut costs and promote ecological values; and WHEREAS: Several jurisdictions have banned yard wastes from landfills altogether; and WHEREAS: On December 10, 1991 this Common Council adopted a resolution (Item #178 C.C.P. October 1, 1991 "Request Ordinance Amendment Requiring Separation of Yard Wastes from Garbage") which called for the creation of an ordinance amendment to regulate the disposal of yard waste; and WHEREAS: The resolution requested the City to provide education on backyard composting and to make home composting units available "in order to lower the city's solid waste costs and enrich the city's soils while encouraging the environmental empowerment of the citizenry"; and WHEREAS: The Law Department never produced such an ordinance amendment, although the proposed Source Separation of Recyclables ordinance requires that "vegetative yard waste" be placed at curbside as a recyclable "in accordance with regulations promulgated by the Commissioner"; and WHEREAS: In Section 216-44, the Source Separation ordinance also reserves the right of citizens to practice backyard composting but makes no provisions for fostering the practice of backyard composting; and WHEREAS: While a city yard waste composting program is desirable because it saves the cost of disposing of yard waste in a landfill, backyard home composting is even better because it costs the city nothing while improving soils in the city and promoting self reliance and ecological consciousness; and WHEREAS: The Town of Fort Erie has an exemplary program under which the Town has sold nearly 2,000 rodent-proof backyard composting units and distributed a free composting video cassette with each unit ; and WHEREAS: Fort Erie sells the composting units for $15 after a subsidy from the Province of Ontario and the Town; and WHEREAS: Town surveys have shown that households there produce an average of 18 pounds a week in compostable waste, a figure which adds up to almost half a ton per year per family; and WHEREAS: Ontario's Minister of the Environment has said that she would like to see two million backyard composting bins in operation before the province jumps into centralized composting; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Departments of Public Works and Street Sanitation to investigate sources of home composting units; and BE IT FURTHER RESOLVED THAT: The Departments are also requested to design and price a modest educational program which would promote backyard composting through community events, seminars, pamphlets and advertising; and BE IT FINALLY RESOLVED THAT: The Departments are requested to estimate the cost at which backyard composting units could be made available to Buffalo residents if they are bought in bulk by the City and subsidized to the degree that solid waste pickup and disposal costs are avoided through their use (minus the cost of the educational program); ADOPTED. No. 166 BY: MR. ZUCHLEWSKI RESIDENTIAL PARKING WHEREAS: Parking is at a premium on many streets in the City of Buffalo; and WHEREAS: The situation is at its worst along the Elmwood Avenue strip and the neighborhood surrounding the Buffalo State College campus; and WHEREAS: The residents of these city streets are plagued by a lack of parking spaces near their residences, forcing them either to park illegally or a long distance from their homes; and WHEREAS: The needs of the residents should take precedent over the patrons of the establishments along Elmwood; and WHEREAS: Residential Parking Permits may be a logical approach to help alleviate this unfair situation; NOW, THEREFORE BE IT RESOLVED: That the Department of Public Works and the Director of Parking Enforcement along with the Elmwood Avenue Task Force and the Hawley Street Block Club, study the possibility of residential parking zones along the Elmwood Avenue Strip and the surrounding area; and BE IT FURTHER RESOLVED: That this report be filed with this Council by December 15, 1992. ADOPTED. NO. 167 BY: MR. ZUCHLEWSKI FELICITATION AND/OR IN MEMORIAMS Attached hereto are Felicitations or In Memoriams sponsored by members of the common council: Felicitation for En Vogue By Councilmember Collins and the City Clerk is hereby directed to have the above resolutions framed at a cost not to exceed Seven Dollars and Fifty Cents ($7.50) each. ADOPTED. UNFINISHED BUSINESS NO. 168 PROPOSAL TO REDUCE SALARIES OF ELECTED OFFICIALS (ITEM NO. 18, C.C.P., JUNE 10, 1991) (ITEM NO. 6, C.C.P., APRIL 2, 1991) Mr. Fahey moved that Item No. 18, C.C.P., June 10, 1991, be taken from the table. Seconded by Mr. Collins. CARRIED. Mr. Fahey moved that the above item be received and filed. Seconded by Mr. Collins. ADOPTED. AYES- ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 10 NOES- AMOS, COPPOLA, PITTS- 3. No. 169 VETO-ORD. AMEND.- CH. 511-ADULT VIDEOS (ITEM NO. 2, C.C.P., SEPT. 1, 1992) Mr. Fahey moved that Item No. 2, C.C.P., Sept. 1, 1992 be taken from the table; Seconded by Mr. Higgins. CARRIED. Mr. Fahey now moved that the above item be received and filed. Seconded by Mr. Coppola. ADOPTED. No. 170 VETO-RESTAURANT DANCING LICENSE 2987 BAILEY (ITEM NO. 3, C.C.P. SEPT. 1, 1992) Mr. Fahey moved that Item No. 3, C.C.P., Sept. 1, 1992 be taken from the table. Seconded by Mr. Higgins. CARRIED. Mr. Fahey now moved that the above item be received and filed. Seconded by Mr. Higgins. ADOPTED. NO. 171 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council chambers, 13th floor, city Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES CIVIL SERVICE- Tuesday, OCT 20, 1992 9:30 AM FINANCE Tuesday, OCT 20, 1992 Immediately Following Civil Service LEGISLATION Tuesday, OCT 20, 1992 2:00 PM ECON DEV. Wednesday, OCT 21, 1992, 10:00 AM NO. 172 ADJOURNMENT On motion by Mr. Fahey, Seconded by Mrs. LoTempio , the Council adjourned at 4:05 p.m. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.