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HomeMy WebLinkAbout92-1110 1No. 21 Common Council Proceedings of the City of Buffalo Regular Meeting, November 10, 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, November 10, 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 October 27, 1992, and the Special Session held October 30, 1992, were approved FROM THE MAYOR No. 1 Appointment of Commissioner of Parks Pursuant to the power vested in me under the provisions of Section 201 of the Charter of the City of Buffalo, I hereby appoint, subject to confirmation by Your Honorable Body, Stan A. Buczkowski, residing at 198 Eden Street, Buffalo, New York, as Commissioner of Parks of the City of Buffalo, effective November 2, 1992. Mr. Buczkowski, 55 years of age, resides in Buffalo with his wife, Joanne, and is the father of three children: Michael, Kathy and Kelly. He graduated from St. Francis High School in 1954 and Erie County Technical Institute in 1956. Mr. Buczkowski was appointed Director of Recreation in the City of Buffalo Parks Department in January, 1990 and as Deputy Commissioner of Parks in the City of Buffalo in December 1990, but has served as Acting Parks Commissioner since March, 1990 to the present. Mr. Buczkowski served as Commissioner of the City of Buffalo Street Sanitation Department from April, 1985 to December, 1989. He served as Commissioner of the Buffalo Municipal Housing Authority from January, 1980 to December, 1981 and as Chairman of the Board of Commissioners and Commissioner from January, 1984 to April, 1985 and served as Councilman-at-Large in the City of Buffalo from 1982-1983. Mr. Buczkowski was employed by Republic Steel from 1956 to 1985. Mr. Buczkowski has been inducted in the St. Francis High School Sports Hall of Fame and the Western New York Softball Hall of Fame. He is active in numerous community and social organizations. Based upon Mr. Buczkowski's experience and overall qualities, I find him well qualified to be Commissioner of Parks according to the qualifications of this position specified in Section 201 of the City Charter. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 2 L. Bielli, 1132 E. Lovejoy St. Item No. 26, C.C.P., October 13, 1992 The City Planning Board at its regular meeting held Wednesday, November 4, 1992, considered the above application pursuant to Section 413-59.1 of the Buffalo Code, "Handicap Access Ramps." The applicant seeks to construct a handicap access ramp approximately 18 feet long by 5 feet wide from the building face which will encroach the right-of-way on Benzinger Street. Under S.E.Q.R., this item is considered an unlisted action requiring uncoordinated review. The Planning Board voted to approve this item. RECEIVED AND FILED. FROM THE BOARD OF ETHICS No. 3 Possible Conflict- Parking Ramps Reference is made to Resolution # 196, C.C.P. July 21, 1992, captioned "Possible Conflict of Interest: Parking Facilities" and your request that the Board of Ethics investigate certain parking companies to determine if a conflict of interest exists. The resolution states that Buffalo Civic Auto Ramps, Allright Parking, and Multiple Parking have the same address and that "a conflict of interest could be inferred because of multiple companies sharing the same address." Please be advised that it is the judgment of the Board that, without more, the sharing of a single address by these companies does not constitute a conflict of interest nor a violation of the City of Buffalo Code of Ethics in any respect. There is, accordingly, no complaint before the Board. As you know, our jurisdiction in these respects is specifically stated to be: "to review and refer to appropriate authorities complaints charging city officers or employees with violation of this code on its own initiative or on complaint of any person." (Code of Ethics, Sec. 12-21.) An additional consideration is the fact that the Board does not have the resources or the facilities to conduct investigations, except pursuant to complaints. RECEIVED AND FILED. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 4 NYSDEC Hartwell Street Landfill Item No. 78, 10/13/92 The Council has asked the Environmental Management Commission's views regarding the Hartwell Street Landfill. The New York State Department of Environmental Conservation has deleted the Hartwell Street site from the Registry of Inactive Hazardous Waste Sites, but a potential gap can develop between State and City responsibility for de-listed sites. A de-listing is not a full clean bill of health. Both the State Departments of Environmental Conservation and Health acknowledge that a de-listed site may retain contaminants which make that site inappropriate for future use unless attention is given to threats to human health. The Environmental Commission is on record as supporting the maximum possible productive use of waste site locations, consistent with the protection of human health and the environment. In all such cases, that protection requires careful consideration of the site on an individual basis, with possible municipal restrictions as to type of use and acceptable construction techniques where appropriate. First, with specific regard to the Hartwell Landfill, the Commission recommends that analysis conducted by the State be reviewed with State authorities and that appropriate limitations be established by the City before it allows reuse. The Commission understands that the State Department of Health has recommended against allowing residential use of the site and in favor of requiring enhanced fencing. Second, the Commission recommends that the City would benefit by establishing a uniform policy for handling its municipal responsibility toward all de-listed sites. The goal of such policy should be the encouragement of both productive reuse and full protection of human health and the environment. The policy should feature a mechanism of careful site evaluation based on available State data. Where necessary that policy would employ the tools of deed restriction and other site use limitations in perpetuity. The Commission would be pleased to work with City officials toward such a policy. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. FROM THE COMPTROLLER No. 5 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items Reserve for Capital Improvements 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 $10,800 be transferred and reappropriated from the Reserve for Capital Improvements 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 30, 1992 RECEIVED AND FILED. No. 6 Certificate of Necessity Transfer of Funds Appropriation Allotments -Capital Projects Fund Community Development We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $150,000 be transferred and reappropriated from Appropriation Allotments - Capital Projects Fund - Division of Parks, 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 in the Division that they were appropriated. Dated: Buffalo, New York, October 27, 1992 RECEIVED AND FILED. No. 7 Certificate of Necessity- Capital Budget Amendment Authorization for Additional Capital Improvements We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Improvements, provided by the Common Council prior to July l, 1992 for the ensuing fiscal year, by adding the following item: Dated: Buffalo, New York October 29, 1992 RECEIVED AND FILED No. 8 Permission to Negotiate 635 Broadway, SE 84.39' NE Adams Vacant Land: 27.10' x 131' W Assessed Valuation: $7,200 The Office of the Comptroller, Division of Real Estate, has received a request from Mrs. Sandra Archibald of 2304 Main Street, Buffalo, New York to purchase the above captioned property. Mrs. Archibald owns a single house located at 633 Broadway, Buffalo, New York and would like to purchase 635 Broadway 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 28, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mrs. Sandra Archibald of 2304 Main Street, Buffalo, New York, for the private sale of 635 Broadway and report to this Honorable Body the results of such negotiations. ADOPTED. No. 9 Permission to Negotiate 30 Hollister, N 110' W Mortimer Vacant Land: 25' x 122' Assessed Valuation: $800 The Office of the Comptroller, Division of Real Estate, has received a request from Mrs. Mattie Green of 28 Hollister Street, Buffalo, New York to purchase the above captioned property. Mrs. Green would like to purchase 30 Hollister 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 30, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mrs. Hattie Green of 28 Hollister Street, Buffalo, New York, for the private sale of 30 Hollister and report to this Honorable Body the results of such negotiations. ADOPTED. No. 10 Renewal of Lease Agreement City of Buffalo and South Buffalo Community Association for Use of Portion of Former School 29 Located at 2219 South Park Avenue Pursuant to Item # 9, September 3, 1985, Your Honorable Body approved a lease between the City of Buffalo and the South Buffalo Community Development Association for the use of various rooms at former School 29, namely room # 221, 222, 235, storage room # 26, faculty lunchroom and gymnasium. The present lease expires on December 31, 1992. South Buffalo Community Association is requesting they be permitted to renew the lease under the same terms and conditions as the present lease. South Buffalo Community Development Association is requesting a five year lease, to commence on January 1, 1993 and expire on December 31, 1997. The annual rental to be charged is $1.00 a year, payable in advance. Insurance is to be provided saving the City of Buffalo harmless from any liability as set forth per Item # 197, C.C.P. March 31, 1987. This office approves and recommends acceptance of this lease renewal. Mr. Fahey moved: That the communication from the Comptroller, dated October 29, 1992, be received and filed; and That the Comptroller be and hereby is authorized to renew the lease with the South Buffalo Community Development Association for the use of various rooms at former School 29, namely rooms # 221, 222, 235, storage room # 26, faculty lunchroom and gymnasium, for a five year period, to commence on January 1, 1993 and expire on December 31, 1997, at an annual rental of $1.00 (One Dollar) with the lessee to save the City harmless from any liability and to provide insurance therefore as set forth per Item No. 197, C.C.P., March 31, 1987. PASSED. AYES- 13 NOES- 0. No. 11 Renewal Option Lease Agreement Between the City of Buffalo and Kensington-Bailey Area Planning Committee, Inc. Pursuant to Item # 1, C.C.P. April 18, 1989, Your Honorable Body authorized the leasing of a Community Center located at 2969-71 Bailey Avenue to Kensington-Bailey Area Planning Committee, Inc. This lease agreement was for a one-year period (December 1, 1989 through November 30, 1990) with nine (9) additional one-year periods. This office has received a request from Mrs. Rita Hunt, Director of Kensington-Bailey Area Planning Committee, Inc. to exercise their option to renew said lease for an additional one year period as stated in their lease agreement. The lessee has fully satisfied this requirement and has complied with all other provisions and terms of the lease. This renewal will be for the period of December 1, 1992 through November 30, 1993. This reflects the third renewal option of the lease agreement. This Office recommends Your Honorable Body approve Kensington-Bailey Area Planning Committee, Inc. to renew their lease for an additional one year period, commencing December 1, 1992 to November 30, 1993. I am further recommending that you authorize the Mayor to execute the lease renewal. Mr. Fahey moved: That the communication from the Comptroller, dated October 30, 1992, be received and filed; and That the Mayor be and hereby is authorized to renew the lease with Mrs. Rita Hunt, Director of Kensington-Bailey Area Planning Committee, Inc., for the Community Center at 2969-71 Bailey Avenue, Buffalo, New York for an additional one year period. To commence on December 1, 1992 and expire on November 30, 1993. PASSED. AYES- 13 NOES- 0. No. 12 Quarterly Overtime Usage Report 1st Quarter FY 1992-93 In keeping with the intent to keep the Common Council as informed as possible with respect to City operational spending patterns, I am submitting the Quarterly Overtime Usage Report for the first quarter of fiscal year 1992-93. This report includes overtime usage by department as of October 31, 1992; the percentage of overtime appropriation expensed; and projections for the entire fiscal year based on current overtime usage. In addition, I am submitting a copy of the Quarterly Overtime Usage Report for the first quarter of fiscal year 1991-92 as a means of comparison. By comparison, the City is using more restraint and better management of its overtime appropriation to this point of the current fiscal year. However, there remains continued room for improvement. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ASSESSMENT No. 13 Tax Cancellation 1992-93 Item No. 20, C.C.P. 10-13-92 As requested by Your Honorable Body, the Department of Assessment has attached the names and addresses of the owners of properties slated for tax adjustments. RECEIVED AND FILED. No. 14 Grant Tax Exempt Status 1235 Hertel Item No. 128, C.C.P. 10-13-92 On June 14, 1990, the property located at 1235 Hertel Avenue was purchased by Edward L. Courton and Milton L. Williams. On June 17, 1991, Edward L. Courton and Milton L. Williams filed with this office an application for exemption on the property located at 1235 Hertel Avenue. The exemption was denied for the fiscal year 1991-92 on the grounds that the title to property was not held by a tax exempt organization but rather the title to the property was held by Mr. Edward L. Courton and Mr. Milton L. Williams as per deed, Liber 10183, Page 601. Subsequently, the title to the property in question was transferred on December 12, 1991 from Mr. Edward L. Courton and Mr. Milton L. Williams to Faith Good Shepherd Chapel as per deed, Liber 10362, Page 645. During December of 1991, Faith Good Shepherd Chapel filed for an exemption for the property located at 1235 Hertel Avenue and was granted tax exempt status for the fiscal year 1992-93 fiscal year. In conclusion, tax exempt status was denied for fiscal year 1991-92 because title to the previously mentioned property was not held by a tax exempt organization. Tax exempt status was granted for fiscal year 1992-93 because title to the previously mentioned property was held by a tax exempt organization and the property was being used for tax exempt purposes. If Mr. Courton and Mr. Williams intended, at the time of the purchase of 1235 Hertel Avenue, to act as trustees for the Faith Good Shepherd Chapel and neglected to have the deed recorded as such, then it is suggested that they provide proof of such intent. If Mr. Courton and Mr. Williams provide such proof of intention to act as trustees in this purchase, then an opinion from the Law Department will be needed to determine if such proof of their intention to act as trustees is sufficient to grant tax exempt status under New York State's Real Property Tax Law regardless of how title was originally held in deed, Liber 10183, Page 601. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL. No. 15 Remove 2037 Clinton Street from Grass Cutting Assessment Item No. 131, C.C.P. 10-13-92 Mrs. Irene Bartoszek, owner of a vacant lot at 2037 Clinton Street, states that she maintains this fenced in lot and that the City of Buffalo never provided grass cutting service for fiscal years 1991 and 1992. The 1991 Local Assessment Roll # 13184 prepared by the Department of Assessment as directed by C.C.P. 03-03-92, Item No. 127, includes a grass cutting charge of fifty dollars ($50) for lot at 2037 Clinton. This department has not received any communication from Your Honorable Body directing that a 1992 Local Assessment Roll be prepared. Therefore, I recommend that you refer this matter to the Department of Street Sanitation to determine if City Sanitation personnel did cut grass on this lot in fiscal years 1991 and 1992. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREETS. FROM THE COMMISSIONER OF PUBLIC WORKS No. 16 Notification Serial # 8262 ONE WAY STREET 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 (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by ADDING thereto the following: ONE WAY STREET NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT East North Street Easterly/Northerly from Johnson St. to Best St. (Sherman St.) Notification Serial # 8263 NO STANDING ANYTIME In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by ADDING thereto the following: NO STANDING ANYTIME PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY Sienkiewicz Street Between Fillmore Avenue and north side Gibson Street Notification Serial # 8264 PERMISSIVE PARKING In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERIOD OF PERMISSIVE PARKING PERMISSIVE PKG LOCATIONS DAILY EXCEPT SUNDAY Sienkiewicz Street, south side 2 Hr Parking 7AM - 7PM between Fillmore Ave. and Gibson St. Notification Serial # 8265 NO PARKING (ALTERNATE PARKING) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That Subdivision 24 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by repealing thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD Sienkiewicz Street, north side 4 PM Sunday to bet. Fillmore Ave. & Gibson St. 4 PM Wednesday Sienkiewicz Street, south side 4 PM Wednesday to bet. Fillmore Ave. & Gibson St. 4 PM Sunday Notification Serial # 8266 NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by REPEALING thereto the following: NO STANDING PUBLIC HIGHWAY PROHIBITED PRTN. OF HIGHWAY Elmhurst Place, south side Entire length Notification Serial # 8267 NO PARKING (ALTERNATE PARKING) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That Subdivision 24 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following NO PARKING PROHIBIT PRTN. OF HIGHWAY PROHIBIT PERIOD DAILY Elmhurst Place, north side 4 PM Sunday to bet. Elmwood Ave. & Lincoln Pkwy. 4 PM Wednesday Elmhurst Place, south side 4 PM Wednesday to bet. Elmwood Ave. & Lincoln Pkwy. 4 PM Sunday RECEIVED AND FILED. No. 17 Extension of Time on contract Masten C.A.O. Center 735 Humboldt Parkway In accordance with the terms of the contract between the City of Buffalo and Baker Development C-91635800, the work should have been completed by February 28, 1992. Due to the fact that the tenants were occupying many rooms in this building this contractor could not complete his work on time. This is the second extension of time on this project. I have granted an extension of time to July 30, 1992 to Baker Development to complete the work of their contract. RECEIVED AND FILED. No. 18 Extension of Time on Contract New Athletic Fields Tifft Farms In accordance with the terms of the contract between the City of Buffalo and Buffalo Creek Landscape, C-91672100, the work should have been completed by September 4, 1992. Due to a delay in processing these contracts and the contractor waiting for delivery of light poles from electrical contractor, this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to November 4, 1992 to Buffalo Creek Landscape to complete the work of his contract on time. RECEIVED AND FILED. No. 19 Extension of Contract City Contract No. 91676100 New Custom Door - Col. Ward Pumping Station In accordance with the terms of the contract between the City of Buffalo and Nichter Associates, Inc., for work relating to the Installation of New Custom Door at the Col. Ward Pumping Station, City Contract No. 91676100, this office has received a request for an extension of time. The original completion date was November 19, 1992. The contractor has advised the Division of Water that the manufactured door will not be completed for shipping until December 11, 1992. The installation time frame will be approximately two weeks. Accordingly, I have granted an extension of time in the contract with Nichter Associates, Inc. The extension of time is granted with the understanding that the City reserves the right to liquidated damages or other possible claims against the contractor resulting from the extension of this contract by the City of Buffalo. The new completion date for this contract is December 28, 1992. RECEIVED AND FILED. No. 20 Appointment of City Engineer I wish to appoint Mr. David F. Jaros, P.E. to the position of City Engineer effective November 30, 1992. Mr. Lawrence N. Grasso, P.E., the current Acting City Engineer will retire from City service effective November 28, 1992. Mr. Jaros was a former City Employee serving the City of Buffalo in several capacities during his tenure. From October of 1975 to January of 1980, Mr. Jaros held the title of Associate Engineer in the Department of Public Works. In January of 1980, Mr. Jaros was appointed to the position of Commissioner in the City's Department of Transportation, where he served in that capacity until January of 1982. In January of 1982, Mr. Jaros returned from his leave of absence to the Department of Public Works where he continued to work as an Associate Engineer. In July of 1985, Mr. Jaros resigned from his position as Associate Engineer with the City of Buffalo to assume the title of Director of Public Works for the City of Niagara Falls. Mr. Jaros left that position in January of this year. I have attached a copy of Mr. Jaros resume for your review. Mr. Jaros currently resides at 9326 Rivershore Drive in the City of Niagara Falls. Mr. Jaros' son is an enrolled student in the City of Niagara Falls school system, and for this reason, I am requesting that the City of Buffalo wavier the City residency requirement, for a temporary period, to allow Mr. Jaros' son the opportunity to complete his academic school year with no disruption, in the City of Niagara Falls, with the understanding that Mr. Jaros must become a City of Buffalo resident by September l, 1993, or forfeit his position as City Engineer. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION AND THE CORPORATION COUNSEL. No. 21 Solicitation of Funds application Buffalo Professional Firefighters Local 282 Attached is an application for Solicitation of Funds for the Buffalo Professional Firefighters Local 282 to solicit on December 4, 1992 for their annual "Fill the Boot Campaign" to benefit the Variety Club and Children's Hospital. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Fahey moved: That the communication from the Department of Public Works dated October 20, 1992, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a license for the solicitation of funds to the Buffalo Professional Firefighters Local 282 to solicit on December 4, 1992 for the "Fill the Boot Campaign" to benefit the Variety Club and Children's Hospital. PASSED. AYES- 13 NOES- O. No. 22 Report of Bids New Storm Sash Directors Office Buffalo Historical Society Bldg. I asked for and received the following Informal Proposals for the New Storm Sash, Director's Office, Buffalo Historical Society, 25 Nottingham Court, Buffalo, New York on November 2, 1992. Marcon Erectors 1,350.00 LCP Construction Corp. 1,940.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Marcon Erectors in the amount of $1,350.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-064 - Division of Buildings. Estimate for this work was $1,500.00. Mr. Fahey moved: That the communication from the Department of Public Works dated November 2, 1992, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to award contract for New Storm Sash, Director's Office at the Buffalo Historical Society, to Marcon Erectors, in the amount of $1,350.00. Funds for this contract are in B/F 200-402-064 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 23 REPORT OF BIDS - OHIO STREET LIFT BRIDGE MECHANICAL & ELECTRICAL REHABILITATION PHASE III ITEM NO. 139, C.C.P. 12/8/87 As authorized and directed by your Honorable Body in Item # 139, CCP of 12/8/87, I have advertised and received bids on October 22, 1992 for the Ohio Street Lift Bridge - Phase III -Mechanical, Electrical Rehabilitation. Alternate proposals were accepted for Alternate # 1 - Machine Room Ceiling and Lighting; Alternate # 2 - Cable Cleaning; and Alternate # 3 - Operators Room Lighting. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Alt. #1 Alt. #2 Alt. #3 Total Bid Ferguson Electric *$354,478 $18,390 $14,350 $10,460 $398,678 Nichter Associates $347,000 $21,000 $33,000 $8,000 $409,000 *CORRECTED TOTAL I hereby certify that the lowest responsible bidder for the above project is Ferguson Electric Construction Company, Inc. with Alternates # 1, # 2, and # 3 and I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to CPF 200-401-084-00-000 in an amount not to exceed $398,678, plus approved unit prices not to exceed an additional amount of $39,868. The engineer's estimate for this work is $314,400 (Base Bid). The attached is certified to be a true and correct statement of the two lowest and only bids received. Under provisions of the General Municipal Law any of the bidders may withdraw his bid if an award of the contract is not made by Monday, December 7, 1992. Mr. Fahey moved: That the communication from the Department of Public Works dated November 4, 1992, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to award contract for Ohio Street Lift Bridge Mechanical and Electrical Rehabilitation Phase III work with Alternates # 1, # 2, & # 3 to Ferguson Electric Construction Company, the lowest responsible bidder, in an amount not to exceed $398,678, plus approved unit prices not to exceed an additional amount of $39,868. Funds for this contract to be charged to CPF 200-401-084-00-000. PASSED. AYES- 13 NOES- 0. No. 24 CHANGE IN CONTRACT - CHANGE ORDER # 2, LOUISIANA STREET BRIDGE RECONSTRUCTION OAKGROVE CONSTRUCTION COMPANY ITEM NO. 34, C.C.P 5/12/92 I hereby submit to your Honorable Body the following "No Cost" change order in the contract for the above named project. This "No Cost" change order is a result of: 1. Item No. 04.610 (Asphalt Emulsion - Tack Coat) will replace Item No. 04.510 (Hot Asphalt Cement). Both Items have a unit price of $3.00 per gallon and identical application rates. 2. Sewer repairs near pier 4 were required due to the structural inadequacy of the 1840 sewer. The sewer collapsed during hand digging, thus necessitating the use of a steel sleeve. This work amounted to $1178.88. Item No. 564.1001X (Structural Steel Replacement) was not as extensive as originally thought. The savings on this item will compensate for the sewer repair. Contract Summary: Additions Asphalt Emulsion - Tack Coat $1,560.00 Sewer Repair $1,178.88 Total $2,738.88 Deduct ions Hot Asphalt Cement $1,560.00 Structural Steel Replacement $1,178.88 Total $2,738.88 Original Contract Amount $716,998.50 Change Order # 1 (Maintenance Painting) $ 86,750.00 Change Order # 2 (Tack Coat/Sewer Repair) $ 0.00 New Total $803,748.50 I hereby certify that the "No Cost" amount of this change order is fair and equitable for the work involved and respectfully request that your Honorable Body approve the above change order and authorize the Commissioner of Public Works to issue said change order to Oakgrove Construction. Mr. Fahey moved: That the communication from the Department of Public Works dated October 30, 1992 be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a "no cost" change order No. 2 to Oakgrove Construction Company, as more fully described in the above communication, for Louisiana Street Bridge Reconstruction. PASSED. AYES- 13 NOES- 0. No. 25 CHANGE IN CONTRACT - CHANGE ORDER NO. NEW CUSTOM DOOR - COL. WARD STATION CITY CONTRACT NO. 91676100 I hereby submit to your Honorable Body the following change order with Nichter Associates, Inc. for work relating to Installation of a New Custom Door at the Col. Ward Pumping Station, City Contract No. 91676100. New Work Item No. 1 The contractor will be required to furnish and install a new electrical cable reel system on the underside of the crane trolly along with all tie-ins and the removal of the existing reel system. INCREASE: $ 5,290.23 The above change could not be foreseen at the time the contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of Contract $ 58,000.00 Amount of Change Order No. 1 Increase $ 5,290.23 CURRENT AMOUNT OF CONTRACT $ 63,290.23 Funds in the amount of $5,290.23 are available in the Division of Water's 415-980-047 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated November 4, 1992, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to Nichter Associates, Inc., for a net increase in the amount of $5,290.23, as more fully described in the above communication, for additional work relating to New Custom Door, Colonel Ward Pumping Station, City Contract No. 91676100. Funds for this contract are available in the Division of Water's 415-980-047 Account. PASSED. AYES- 13 NOES- 0. No. 26 Change in Contract Old First Ward Community Center Republic & Tennessee Streets I herewith submit to Your Honorable Body the following change in contract for the Electrical Reconstruction of Old First Ward Community Center, CIR Electrical Const. C-91610200: 1. Furnish and install (3) receptacles in Room 125. (Food Bank) ADD $943.00 This change is at the request of the First Ward center to accommodate more freezers and coolers than originally anticipated. The foregoing change results in a net increase in tee contract of Nine Hundred Forty-three and 00/100 Dollars ($943.00) Summary Original Amount of Contract $87,900.00 Change Order No. 1 CCP 49 7-21-92 ADD 6,100.00 Amount of this change (No. 2) ADD 943.00 Revised Amount of Contract $94,000.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-024 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated October 28, 1992, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 2 to CIR Electrical Const., in the amount of $943.00, as more fully described in the above communication, for additional work relating to the Electrical Reconstruction of the Old First Ward Community Center, Republic & Tennessee Streets, Buffalo, New York C-91610200. Funds for this contract are available in the B/F 200-402-024 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 27 Change in Contract Electrical Reconstruction Fire Department Headquarters Bldg. 195 Court Street I herewith submit to Your Honorable Body the following change in contract for the Electrical Reconstruction of Fire Department Buildings, 195 Court Street, Buffalo, NY, Industrial Power and Lighting, C-91650600: 1. Delete all work in Rooms 232,233. DEDUCT $3,260.00 2. Additional work in Room 206 - Remove 12 fixtures, install 8 type F13 fixtures (3 rows of each) with 5 surge suppression receptacles. Add 5 additional duplex receptacles, 6-3-way switches (3 existing at entrance, 3 at new Fire Department provided door) and circuiting to nearest available panel. ADD $4,510.00 This work is necessary to bring this building into code with the N.E.C. The foregoing change results in a net increase in the contract of One Thousand Two Hundred Fifty and 00/100 Dollars ($1,250.00). Summary Original Amount of Contract $126,395.00 Amount of this change (No. 1) ADD 1,250.00 Revised Amount of Contract $127,645.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-065 -Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated October 30, 1992, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to Industrial Power and Lighting, for a net increase in the amount of $1,250.00, as more fully described in the above communication, for additional work relating to Electrical Reconstruction at the Fire Department Headquarters Building, Buffalo, New York C-91650600. Funds for this contract are available in the B/F 200-402-065 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 28 2059 Clinton Street, proposed new facade within city right of way Mr. Marvin Linde, owner of Pumpernick-N-Pastry Shoppe, located at 2059 Clinton Street, has requested permission to install a new facade on the existing structure at said address. The new facade will project 5 inches from the existing building into City right of way. The renovation also includes an overhang projecting 2 feet 6 inches, and a door which, when opened, encroaches into City right of way. The Department of Public Works has reviewed Mr. Linde's application pursuant to Chapter 413-67 (encroachment regulations) 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 facade and door be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the new facade does not extend more than 5 inches from the existing structure into City right of way. 4. That the applicant supply the Department of Public Works with a ten thousand dollar construction in street bond, or certificate of insurance listing the City as additional insured, 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 facade and/or door. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 29 MARINE BANK - FORGIVE WATER CHARGES 408 LEROY AVENUE Item # 44, C.C.P. October 28, 1992 The water bill for 408 LeRoy a/k/a 7-9 Richlawn Avenue was billed to Lumon Ross at 591 Grider Street. The last payment on this water account was in June, 1990. The water was not turned off for non-payment because Mr. Ross was protected under Chapter XIII of the Bankruptcy Law from 1987 thru June, 1990. The final bill was for 439,000 cubic feet. This was an actual reading on September 15, 1992. The previous bills from February, 1987 to September 15, 1992 were estimated with the exception of one bill - March, 1989 - when the Meter Reader was able to get in to read the meter. The Division of Water tried unsuccessfully from November, 1987 to the present to gain entry to read the meter. The Division of Water's Inspection and Meter Reading Division sent a total of fifteen letters to the property instructing the owner to call the Inspection Department at 851-4781 to make an appointment for the meter reading. In addition, the Meter Readers left a door hanger each time that a meter reading was scheduled. The Division of Water had no response after twenty door hangers. The water bill in the amount of $7,864.05, which is a lien against the property, is the culmination of underestimated billings and partial payments since 1987. RECEIVED AND FILED. FROM THE COMMISSIONER OF PARKS No. 30 Certificate of Appointment Appointment to become effective October 26, 1992 in the Department of Parks, Kevin Della Penta 208 Lisbon Ave., Buffalo, N. Y. 14215, to the position of Park Utility Worker, Permanent at the starting salary of; $ 22,208. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 31 "A. Clark- Complaints Bandag Tire-Trucks on Wasmuth" Item # 47 C.C.P. October 27, 1992 Upon my direction, Captain Patrick G. Stafford provided the following background information regarding traffic problems on Wasmuth Street at Bandag Tire, Inc.: This correspondence is to offer background information on a traffic problem on Wasmuth St. at Bandag Tire, Inc., which has been reported to the Common Council. I have personally investigated this complaint and make the following comments and suggestions. I was made aware of a problem on Wasmuth by Mr. Henry Cue, local resident whom represents the residents of the Street in their complaint against Bandag Tire, Inc. The residents are angry that trucks of all sizes proceed the wrong way down the street to make it easier for them to back into the loading dock area of Bandag Tire, Inc. They allege this creates a safety hazard for them and also the trucks have damaged sidewalks and grass of other persons homes. They also allege the trucks caused a broken water line because of their heavy weight. They want the travelling the wrong way and the damages stopped. They allege Bandag Tire, Inc. has not been responsive to their requests. Bandag Tire, Inc. states that only the large tractor trailer trucks go the wrong way and this is only because they could not do it any other way. They say they have tried for years to get the Common Council to change the direction of the street. They allege this would end most of their problems. They also say they have attempted to purchase a vacant home and lot bordering their property on the north side. This purchase would facilitate the parking at the loading docks greatly. They have not been successful in their negotiations on the purchase as of this date. I observed the sidewalk broken and smashed in an unacceptable manner in front of this vacant house. It appears to me that the damage was caused by large vehicles driving over it. The lawful direction of travel is outbound only. I recommend a change to two-way travel with one side parking only, alternate days as is customary elsewhere in the City. I recommend the company do all within its power to purchase this vacant home, tear it down, and increase the turn around parking area significantly. I can see why the residents have lodged a complaint and agree the trucks are causing a nuisance. However I also feel the need to keep a business in the City if possible. It is my understanding this business employs about 50 persons, many of whom are local residents. To not change the direction of travel on the street and enforce the law to the letter would make it impossible for this business to ship or receive on a large basis, thereby hinder the business and possibly forcing it to move. I think an amicable solution can be worked out between the parties involved with help from the Common Council and recommend heavy effort be applied to attain that goal. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 32 "Response to College Beer Parties" Item # 22, C.C.P. October 13, 1992 On October 8, 1992, the following directive was addressed to Police District Inspectors and Precinct Captains: Several resolutions have recently been adopted by the Buffalo Common Council concerning misconduct by College students within the City Limits and nature of the response by the Buffalo Police Department. Specifically, the concern is centered on complaints of loud and unruly parties that attract substantial numbers of young people. Captains in command of Precincts with large college student populations should contact the respective schools for the purpose of establishing an on-going liaison. It is hoped that the open dialogue will foster a cooperative relationship between the Colleges and the Buffalo Police Department and lead to an exchange of information about common police problem. It is the responsibility of each affected Precinct Captain to develop guidelines for handling complaints concerning these parties based on the conditions within the respective precinct. In developing these guidelines, the Precinct Captains should be aware that he has access to the full range of services offered by the various units within the Department, most particularly Police Community Services and the Vice Squad. Although the Precincts should closely coordinate their response with these other police units, they are not relieved of their responsibility for being the primary law enforcement entity. Once each affected Precinct Captain has completed formulating his Precinct's guidelines, it should be submitted to the District Inspector for review and approval. Once adopted, it is imperative that all members of the Precinct be made familiar with the guidelines. Responses from Precincts # 5 (West Delevan), # 16 (Bailey/Collingwood) and # 17 (Colvin) were indorsed through their District Inspectors and are attached. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 33 FULLY EXECUTED COMBAT GRANT PROGRAM RENEWAL CONTRACT Item # 47, C.C.P. 1/21/92 Item # 41, C.C.P. 2/4/93 Item # 111, 112 C.C.P. 2/18/92 Please be advised that the COMBAT Grant Program Renewal Contract between the City of Buffalo and the New York State Division of Criminal Justice Services for the period April l, 1992 through March 31, 1993 has been fully executed in the amount of $300,000.00. A copy of this contract is on file in the Department of Administration and Finance (Budget), the Division of Audit and in the Division of Administration and Communications (Buffalo Police Department). REFERRED TO THE COMMITTEE ON FINANCE. No. 34 Permission to Ratify the Attached Fully Executed Aid To Law Enforcement Contract for Fiscal Year 1992-1993 Our Department is respectfully requesting the Council's ratification of the attached Aid To Law Enforcement Grant Program Contract between the City of Buffalo and the New York State Division of Criminal Justice Services for the period April 1, 1992 through March 31, 1993. (Renewal Contract) Under this Agreement, the State will provide the City of. Buffalo with $686,420 to enhance our City's law enforcement capabilities. These funds will be used to continue to provide case enhancement for the major offense crimes of burglary, robbery and sex offenses. I am respectfully requesting the Council's approval for the ratification of the fully executed contract. If you have any questions, please do not hesitate to contact Captain George M. Loncar, Administration and Communications, at 851-4451. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Permission for Mayor To Execute the 1992-1993 Drug Interdiction/Points of Entry Program Our Department is respectfully requesting authorization for the Mayor to execute the attached proposed Anti-Drug Abuse Act, Drug/Interdiction/Points of Entry Agreement between the City of Buffalo and the New York State Division of Criminal Justice Services for the period September l, 1992 through August 31, 1993. Under this Agreement, the State will provide the City of Buffalo with $200,000 to enhance the City's fight against narcotics trafficking. These funds will allow for the enhancement of narcotics cases through an intra-agency cooperative alliance between the Buffalo Police Department, NFTA Police Department, Cheektowaga Police Department and the Central Police Services Laboratory. Drug investigations will be maximized in a coordinated manner at "points of entry" to interrupt narcotics trafficking. I am respectfully requesting that this item be submitted to the Council for their approval. If anyone desires any additional information, they may contact Captain George M. Loncar, Administration and Communications Division at 851-4451. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF FIRE No. 36 Certificate of Appointment Appointment to become effective September 8, 1992, in the Department of Fire, Thomas P. Barrett 101 Culver Rd., Buffalo, N.Y. 14220, to the position of Firefighter, Permanent at the starting salary of $29,468. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 37 Certificate of Appointment Appointment to become effective September 8, 1992, in the Department of Fire, Bart Sumbrum 49 Oakhurst, Buffalo, N.Y. 14220 to the position of Firefighter, Permanent, at the starting salary of $33,878. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 38 Marine v. Lumon Ross 408 Leroy - Water Charges (Item No. 44, C.C.P., 10/27/92) The referenced item proposes that the City of Buffalo forgive water charges in excess of $7800 for the property at 408 Leroy. It is generally a prohibited gift of public funds to forgive a reasonable charge owed the City for a services actually provided. However, if there is a factual basis on which to determine that the services were not provided or the charge therefore would be in error, then your Honorable Body may abate such a charge. A factual basis to support such abatement would be, for example, a report to that effect from the Division of Water. RECEIVED AND FILED. No. 39 Robert Delano's Employment Status Item No. 112, C.C.P., 10/27/92 In response to your inquiry regarding the employment status of Robert Delano, please be advised that on October 16, 1990 Mr. Delano made application to terminate his membership in the New York State Employee's Retirement System and withdrew his contribution thereto. Such application includes a statement by the applicant that he has terminated his employment and a statement by the municipality that the applicant has separated from employment and is not on an authorized leave of absence. Therefore, such application constitutes a resignation by Mr. Delano and a voluntary termination of whatever leave of absence he had been on, as of October 16, 1990. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 40 1252 & 1228 Jefferson Avenue Return to The Free Spirit Baptist Church Item No. 107, C.C.P., October 27, 1992 The properties known as 1252 Jefferson and 1228 Jefferson were struck to the City in January, 1992. The City owns these properties. RECEIVED AND FILED. No. 41 ADVENTURE CLUB, 124 ELMWOOD AVENUE CODE COMPLIANCE ITEM No. 121, C.C.P., 10/27/92 This office is in receipt of the above-referenced item, a resolution requesting that this department take necessary and appropriate action to seek and obtain compliance of the Adventure club with the pertinent city Code provisions. Please be advised that we are aware of the concerns generated by the Club as it is currently being operated. We are reviewing the situation so as to determine how best to proceed in the circumstances. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 42 Permits for 3405 Bailey Ave. Item No. 41 C.C.P., 10/13/92) The response to the above item was referred to this office for clarification. It is the opinion of this department that the business located at 3405 Bailey Avenue does not need a restricted use permit to continue its operation as a restaurant because of the location's prior use. In essence the use of the subject premises as a restaurant cannot be construed as a new use under Section 511-56, thus warranting issuance of a restricted use permit. It appears that in 1979 and 1980, Mr. Frank Turgeon was granted restaurant and dance music licenses for the business. Our investigation indicates that the licenses were not subsequently renewed. As a result, Mark Turgeon (who is now the new owner/operator) will need a new dance music license for the restaurant pursuant to Sections 150-2 (c); 150-3 (c) and 157-7 (c) of the City's Code. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL No. 43 Board of Ethics Item No. 105, C.C.P. 10/27/92 I believe that it is possible to amend the City Code provisions regarding the Board of Ethics to address the concerns expressed in the above-referenced item. However, given the need to maintain confidentiality to the extent necessary to both encourage full disclosure to and frank discussion by the Board, I suggest that a committee of the Council meet with the Board of Ethics and the Law Department to draft the actual language of the proposed amendments. RECEIVED AND FILED. No. 44 "INFO-PAY PHONE AGREEMENT" Item # 29, C.C.P. 10/13/92 You have requested that this Department review the above agreement and to amend the City of Buffalo, New York Telephone Agreement to address the following issues: a.) The practice of N.Y. Telephone overpopulating the city with payphones. This practice may result in less net money for the city. b.) Review, and if possible, amend the procedures which N.Y. Telephone must follow to gain approval for payphone placement within the City. c.) What guidelines exist within the agreement that regulate competitive payphone placement between N.Y. Telephone and private telephone vendors. With respect to issue (a), and based upon information received from the Department of Public Works, we feel compelled to advise you that it may not be a question of New York Telephone overpopulating the City with payphones, but rather independent pay telephone vendors installing New York Telephone "look-a-like" payphones throughout the City of Buffalo. Considering that only one private payphone vendor has obtained a permit for installation of one single phone, the loss of income from permit fees alone (at $125.00 annually) from private vendors operating illegally is potentially quite high. On the other hand, as we have been advised, New York Telephone has paid the permit fee for every coin operated telephone it has installed. Additionally, while the City may, pursuant to agreement, realize more revenue on a "per phone" basis from a private vendor than it does from New York Telephone, the fact that the City has an agreement with only one vendor translates into a substantial revenue loss from those illegally operating vendors who have failed to enter into revenue sharing agreements with the City. With respect to issue (b), New York Telephone must follow the procedures set forth in Chapter 441 of the City Ordinances for approval of payphone placement within the City, the same as private payphone vendors. The only difference being that pursuant to the Franchise Agreement New York Telephone has with the City, approval of its locations is left to the discretion of the Commissioner of Public Works, whereas, at least with respect to the only private vendor which has an agreement with the City, its locations must be approved by the Common Council as well. The requirement for Council approval was imposed by Your Honorable Body as a provision of the agreement with that vendor. In order to put the private payphone vendors on an equal footing with New York Telephone the Council may authorize amending the agreement with the private vendor to delete your approval of additional locations leaving the authority exclusively in the hands of the Commissioner of Public Works. Conversely, however, more research would be required to determine if amendment of the Franchise Agreement with New York Telephone to require Common Council approval in addition to the approval of the Commissioner of Public Works is legally permissible. With respect to issue (c) the Franchise Agreement with New York Telephone explicitly states "nothing in this franchise shall be construed to grant unto said company any exclusive right, or to prevent the grant of similar privileges to other individuals or companies, for like purposes". The fact that the City has an agreement with one private payphone vendor evidences compliance with the agreement in this regard. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 45 Report Of Bids Reconstruction Of Broderick Park As authorized by Your Honorable Body Item No. 67 of July 23, 1991, I advertised for and received the following sealed proposals for the Reconstruction of Broderick Park, which were opened and publicly read November 4, 1992: BIDDER BASE BID ALT. ALT. ALT. ALT. ALT. ALT. No.1 No.2 No.3 No.4 No.5 No.6 Add Deduct Deduct Deduct Add Add G.B.H. Paving Inc. 24 Willow Green Dr. Amherst, N.Y. 14228 $73,710 $8,384 $1,200 $350 $4,515 $16,654 $21,643 Tomani's Eastern Const Co .Inc. 649 Marilla Street, Buffalo, N.Y. 14220 $80,474 $6,800 $2,500 $600 $6,500 $33,500 $39,080 American Paving & Excavating Inc. 5880 Thompson Rd. Clarence, N.Y. 14032 $82,550 $3,965 $2,000 $800 $9500 $25,000 $33,850 L C P Constr. Corp. 589 Northland Ave., Buffalo, N.Y. 14211 $93,577 $3,350 $2,000 $700 $7,000 $23,500 $37,800 Paul J. Gallo Contracting Inc. P.O. Box 453, East Amherst, N.Y. 14051 $109,000 $5,400 $3,000 $1500 $7,900 $33,000 $34,000 DESIGNER'S ESTIMATE $83,000 BASE BID The preceding is a true and correct abstract of all bids received and G.B.H. Paving, Inc. is the lowest responsible bidder. Funds for this work are available in Capital Project Account No. 200-717-524. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by G.B.H. Paving, Inc. in the Base Bid amount of $73,710 plus Add Alternate No. 1 in the amount of $8,384 plus Add Alternate No. 5 in the amount of $16,654 plus Add Alternate No. 6 in the amount of $21,643 for a total contract award of $120,391. Alternate No. 1 Add - provides new pavement in an area that was to be resurfaced. Alternate No. 5 Add - paves the north end of the main parking area. Alternate No. 6 Add - provides resurfacing plus some new pavement and concrete curb for the main roadway south and all parking areas adjacent to the Bird Island Pier. Mr. Fahey moved: That the communication from the Department of Community Development dated November 4, 1992, be received and filed; and That the Commissioner of Community Development, be and he hereby is authorized to award contract for Reconstruction of Broderick Park to G.B.H. Paving, Inc. in the Base amount of $73,710 plus Add Alternate 1 in the amount of $8,384 plus Add Alternate 5 in the amount of $16,654 plus Add Alternate No. 6 in the amount of $21,643 for a total contract award of $120,391. Funds for this contract are in Capital Project Account No. 200-717-524. PASSED. AYES- 13 NOES- 0. No. 46 Report or Bids, Asbestos Abatement at 1168-1170 Broadway, Buffalo, N.Y. (Item No. 64, C.C.P. 5/14/91) As authorized by Your Honorable Body per item # 64 of CCP 5/14/91 the Department of Community Development advertised for and received the following sealed bids for asbestos abatement at 1168-1170 Broadway which were opened and publicly read aloud on Tuesday October 20, 1992: Contractor Bid 1) UAS Remediation Services $ 17,450.00 # 6583 Merchant Place, # 303 Gainesville, Va. 22065 2) Zeon Corporation $ 17,679.00 255 Great Arrow Ave. Buffalo, New York 14207 3) Asbestos Removal Services $ 19,200.00 131 Industrial Drive Grand Island, New York 14072 4) Asbestos Abatement & Consult $ 22,995.00 1225 Ridgeway Avenue Rochester, New York 14615 5) Peerless Environmental Control $ 26,100.00 24 Lansing Street Buffalo, New York 14207 6) Rusmar Asbestos and Insulation$ 26,990.00 556 Lyell Avenue Rochester, New York 14606 7) TGR Corporation $ 28,750.00 540 Straight St. Paterson, New York 07503 8) Arric Corporation $ 32,300.00 5033 Transit Road Depew, New York 14043 9) CNY Environmental Services $ 32,989.00 P.O. Box 23388 Rochester, New York 14692 10) Empire Building Diagnostics $ 49,800.01 2001 Niagara Falls Blvd. Suite # 7 Amherst, New York 14228 11) Hazard Containment, Inc. $ 56,734.60 826 East Ferry Street Buffalo, New York 14211 12) Marcor, Inc. Non-Responsive 120 Elmgrove Park Rochester, New York 14624 1168-1170 Broadway was former home to Polish Singing Circle. Building was acquired by the City earlier this year for renovation and future occupation by the Neighborhood Information Center (NIC). Funds for the proposed asbestos abatement work are available in Bond Fund #200-717-068. I, therefore, recommend that your Honorable Body authorize the Commissioner of Community Development to award an asbestos abatement contract to UAS Remediation Services in accordance with their low bid 10/20/92. Mr. Fahey moved: That the communication from the Department of Community Development dated November 4, 1992, be received and filed; and That the Commissioner of Community Development, be and he hereby is authorized to award contract for Asbestos Abatement at 1168-1170 Broadway, Buffalo, New York to UAS Remediation Services, the lowest responsible bidder, in the amount of $17,450.00. Funds for this contract are in Bond Fund 200-717-068. PASSED. AYES- 13 NOES- 0. No. 47 Martin Luther King, Jr. Park Wading Pool HVAC - Change Order I am requesting that Your Honorable Body approve the following changes and additions to the above contract. Replacement of the second floor heating system including new furnaces, ductwork, enclosure, piping, connections and miscellaneous work. The existing boiler was found to be extremely deteriorated and unrepairable. The second floor system will match the new first floor heating system installed under the base bid of the contract. $41,872. This addition will raise the total amount of the contract to $108,700.00 The contractor is Vastola Heating and Air Conditioning Co., 65 Riley Street, Buffalo, New York, 14209. The prices have been reviewed by our consultants and professional staff and found to be fair and reasonable. Funds for this work are available in Account 200-717-520. Mr. Fahey moved: That the communication from the Department of Community Development dated October 2, 1992, be received and filed; and That the Commissioner of Community Development, be and he hereby is authorized to issue a change order No. 1 to Vastola Heating and Air Conditioning Co., a net increase in the amount of $41,872, as more fully described in the above communication, for additional work relating to Martin Luther King, Jr. Park Wading Pool HVAC. Funds for this contract are available in Account 200-717-520. PASSED. AYES- 13 NOES- 0. No. 48 Delaware Park Master Plan I am herewith transmitting the Delaware Park 1992 Comprehensive Development Plan prepared by Wendel for the Department of Community Development in conjunction with the Delaware Park Master Plan Committee. The plan is to be used as a planning tool and a future funding request guide, for this irreplaceable City asset. Although this document addresses a number of needed and important recommendations, that the Administration fully supports, there is an issue not addressed, that warrants consideration by the Council. That issue concerns the Buffalo Zoo. More specifically, possible future expansion of the Zoo. Since this facility is an important cultural and economic asset of Buffalo and Western New York, it is the position of this Department that this issue should have been discussed, and that the Council should consider facilitating such discussion. This matter has been discussed with Wendel, Buffalo Zoo and Delaware Park Steering Committee officials, with the intention of opening dialogue between these entities, hopefully to address everyone's future needs. I believe all of these officials feels there is merit to this approach. It is not intended to qualify or comprise the excellent recommendations contained in this document. I am, therefore, requesting that Your Honorable Body review the Plan and approve or recommend changes, with the matter of future Zoo expansion given for consideration. This Department is willing to participate in any discussions the Council deems warranted. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PARKS, THE DELAWARE PARK STEERING COMMITTEE AND THE BUFFALO ZOO. FROM THE COMMISSIONER OF STREETS No. 49 Construction Debris Pick-Up at 958 Northampton Item # 116, C.C.P. October 27, 1992 I made several inquiries regarding your resolution. Here are my findings. 1. To the best of my knowledge my department does not pick-up construction debris at 958 Northampton Street on a weekly bases or any other type of basis. 2. Sharp Construction Company nor any other person or company contracts with the City to remove any refuse material from 958 Northampton Street. 3 We do not allow anyone to use any areas of the City as a dumping ground. All complaints of this nature are thoroughly investigated and summonses are issued where appropriate. This property was issued a summons on October 10, 1992. This property has been checked several times since this date and no violations were found to exist. You indicate that some department personnel may be in violation of some prohibited acts. If you, or anyone has personal knowledge of any wrongdoing by any Street Sanitation Department personnel, please notify me immediately so I may investigate and take any appropriate action. I hope this meets with your approval. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 50 Community Wide Urban Renewal Homestead Program Lewis Street Senior Housing 104 Lewis Street Polish Community Center of Buffalo, Inc. The City of Buffalo Urban Renewal Agency duly designated Polish Community Center of Buffalo, 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, THE COMMISSIONER OF PARKS AND THE CORPORATION COUNSEL. No. 51 Report of Emergency Demolition Bid for 694-710 Swan Street At the request of Councilmember David Franczyk our office bid the above-stated property for emergency demolition. Inspections were conducted by this department and it was determined that action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on October 19, 1992 and seven (7) contractors submitted bid offers. The contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR & AMOUNT OF BID 694-710 Swan Street Mainline Contracting Charles Jones and $24,784.00 Maria Bator 705 Linwood Avenue Buffalo, New York Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 52 Certificate of Appointment Appointment to become effective October 26, 1992 in the Department of Administration and Finance, Division of Labor Relations, Margaret M. Burvid, 55 Ward Court, Buffalo, New York 14220, to the position of Administrative Aide, Provisional at the starting salary of $21,601. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 53 Certificate of Appointment Appointment to become effective November 2, 1992 in the Department of Administration & Finance, Division of Treasury, Carole M. Getz 25 Knox Avenue, Buffalo, New York 14216, to the position of Teller, Temporary, at the starting salary of $23,017.00 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 54 Certificate of Appointment Appointment to become effective November 16, 1992 in the Department of Administration & Finance, Division of Treasury, Christopher W. Tomaszewski, 427 Hoyt Street, Buffalo, New York 14213, to the position of Teller, Temporary, at the starting salary of $23,017.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 55 Vehicle Auction Police Dept. At a public auction conducted at the Parking Violations Impoundment Facility, the Department of General Services accepted a high bid of $1,300.00 for the sale of a 1963 Chevrolet Stake Truck, P-152. Enclosed is a photograph of this vehicle. Request your approval to dispose of this vehicle to the high bidder, George Pinto for the sum of $1,300.00. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BUFFALO SEWER AUTHORITY No. 56 B.S.A. Overtime Item # 110, C.C.P., October 27, 1992 As requested in the referenced resolution, attached please find a breakdown of overtime payments made by the Buffalo Sewer Authority for the first quarter of our 1992-93 fiscal year. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 57 Update-Lead in Water Res. # 145, C.C.P., 10/13/92 The Buffalo Municipal Housing Authority receives its water services through the primary and secondary distribution system of the city of Buffalo. The Authority is not aware of, nor have we ever been advised of, any problems associated with lead content in drinking water. Recent newspaper articles indicate that drinking water in Buffalo and Erie County does not contain adverse levels of lead. If any member of the Common Council has evidence that water delivered to the developments operated by the Authority contains unacceptable levels of lead, the Authority request copies of that information. RECEIVED AND FILED. FROM THE CITY CLERK No. 58 Claim- Unpaid Registration Fee- Cable Franchise Renewal Seminar Please be advised that the registration fee for George K. Arthur to attend the Cable franchise Renewal Seminar sponsored by National league of Cities was never paid. The amount owning is $150.00. Seminar was held in May, 1992 in Memphis, Tenn. and we did not receive notice of this unpaid invoice until October 19, 1992. Your attention in this matter is appreciated. Mr. Fahey moved: That the communication from the City Clerk dated October 23, 1992, be received and filed; and That the Comptroller be and he hereby is authorized to make payment in the amount of $150.00 to the National League of Cities, representing the registration fee for Council President George K. Arthur to attend the Cable Franchise Renewal Seminar held in May, 1992 in Memphis, Tennessee. This check may be drawn on the account of 81-2 General City Charges 100-81 2-000-00-809 Judgment and Claims Prior Years. PASSED. AYES- 13 NOES- 0. No. 59 Request permission for purchase of Stentura Writing Machine Permission is requested to trade in the Council and Committee Reporter's Stenograph System for a Stentura State of the Art Writing Machine which will give instantaneous translation. With this technology, monitors can be placed in strategic locations around the Council Chambers and eliminate the need for signers. The attached communication from the Stenograph Company includes substantial savings for the City of Buffalo and the purchase of this machine puts us closer to fulfilling our commitment to the Americans with Disabilities Act. Mr. Fahey moved: That the communication from the City Clerk dated October 30, 1992, be received and filed; and That the City Clerk, be and he hereby is authorized to trade in the Council and Committee Reporter's Stenograph System for a Stentura State of the Art Writing Machine which will give instantaneous translation. PASSED. AYES- 13 NOES- 0 No. 60 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 1479 E. Delavan Ave. Michael R. Fields RECEIVED AND FILED. No. 61 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: Corporation Counsel- Margaret A. Maloney Human Resources- Ellen E. Lyons RECEIVED AND FILED. No. 62 Reports of Attendance Various Boards, Etc. I transmit herewith communications received by me from various Boards, Commissions, Agencies and Authorities, reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board Zoning Board of Appeals RECEIVED AND FILED. No. 63 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF MAYOR - EXECUTIVE Appointment effective November 9, 1992 in the Department of Mayor Executive, Division of Mayor's Office for Senior Citizens William A. Cieszynski, 104 Ashley St., Buffalo, NY 14212 to the Position of Laborer I, Temporary at the starting salary of $17,255. FROM THE DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective October 26, 1992 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Jeffrey M. Moffett, 107 Salem St., Buffalo, NY 14220 to the position of Steam Heating Equipment Worker, Seasonal at the starting salary of $5.80 hourly. Appointment effective October 29, 1992 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Paul Rybak 377 Cumberland Ave., Buffalo, 14220, to the position of Sr. First Class Stationary Engineer, Seasonal at the starting salary of $7.05 hourly. Appointment effective November 1, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, to the Position of Senior First Class Stationary Engineer, Temporary, at the starting salary of $7.05 hourly. Mark A. Higgins, 186 Kentucky St., Buffalo, 14204 Michael Schieber, 168 Dundee St., Buffalo, 14220 FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective November 2, 1992 in the Department of Public Works, Division of Buildings, Carrie Dragone, 487 Crescent Avenue, Buffalo 14214, to the Position of Clerk, Seasonal, at the starting salary of $5.00 hourly. Appointment effective October 28, 1992 in the Department of Public Works, Division of Buildings, to the Position of Second Class Stationary Engineer Temporary, at the starting salary of $5.41 hourly James T. Conrad, 128 Harding Road, Buffalo 14220 William J. Crane, 15 Glendhu Place, Buffalo 14210 Robert Miranda, 400 Downing Street, Buffalo 14220 Joseph G. Reid, 30 Mumford Street, Buffalo 14220 Appointment effective October 30, 1992 in the Department of Public Works, Division of Buildings, to the Position of Second Class Stationary Engineer, Temporary at the starting salary of $5.41 hourly. William J. Collins, Jr., 343 Newburgh Ave., Buffalo 14215 Albert M. Roberts, 8 Susan Lane, Buffalo 14220 Appointment effective October 28, 1992 in the Department of Public Works, Division of Buildings, to the Position of Sr. First Class Stationary Engineer, Temporary at the starting salary of $7.05 hourly. Timothy D. Devany, 179 Tuscarora Road, Buffalo 14220 Raymond F. Gallagher, 103 Spaulding Street, Buffalo 14220 Vincent G. Hornberger, 320 Downing Street, Buffalo 14220 Charles A. Kulp, 1015 Abbott Road, Buffalo 14220 Earl J. Mekelburg, 84 Clark Street, Buffalo 14212 James L. Moscato, 115 Imson Street, Buffalo 14210 Eugene E. Schuta, 64 Shenandoah Road, Buffalo 14220 Edward D. Standish Ill, 327 Cable Street, Buffalo 14206 Appointment effective October 30, 1992 in the Department of Public Works, Division of Buildings, to the Position of Sr. 1st Class Stationary Engineer, Temporary, at the starting salary of $7.05 hourly. Edward F. Anken, 73 Houston Street, Buffalo 14220 Kenneth R. Brylinski, 52 Greeley Street, Buffalo 14207 Dennis P. Hayes, 451 Southside Pkwy., Buffalo 14210 Norbert S. Prus, Jr., 46 Young Street, Buffalo 14212 Appointment effective November 2, 1992 in the Department of Public Works, Division of Buildings, to the Position of Sr. 1st Class Stationary Engineer, Temporary, at the starting salary of $7.05 hourly. Rodney J. Martz, 98 Alsace Avenue, Buffalo 14220 Michael L. Shea, 29 Portland Street, Buffalo 14220 Appointment effective November 4, 1992 in the Department of Public Works, Division of Engineering, Donald J. Poleto Jr. 88 Payne Avenue, Buffalo, NY 14220, to the Position of Engineering Aide, Provisional, at the starting salary of $20,382. FROM THE DEPARTMENT OF PARKS Appointment effective October 29, 1992 in the Department of Parks Division of Recreation, Craig Kwiatkowski, 153 Stewart Ave. Buffalo 14211, to the Position of Fee Collector, Seasonal, at the starting salary of $4.75 hr. Appointment effective November 2, 1992 in the Department of Parks, Division of Recreation, Robert O'Leary, 100 Ryan St. Buffalo 14210, to the Position of Fee Collector, Seasonal, at the starting salary of $4.75 hr. Appointment effective October 26, 1992 in the Department of Parks, Division of Parks, Michael A. Gugino, 203 Military Rd. Buffalo 14207, to the Position of Park Utility Worker, Permanent, at the starting salary of $20,912. FROM THE DEPARTMENT OF POLICE Appointment effective October 20, 1992 in the Department of Police, Gail Allen, 19 Deer Path Dr., Lancaster NY 14086 to the Position of Police Lieutenant, Permanent Contingent, at the starting salary of $40,019. Appointment effective October 26, 1992 in the Department of Police, Mark Morgan, 292 Kirkwood Dr., West Seneca NY 14224 to the Position of Police Captain, Permanent Contingent, at the starting salary of $45,849. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective November 3, 1992 in the Department of Street Sanitation, to the Position of Laborer II, Seasonal, at the starting salary of $6.65 per hour. Patrick T. Caetano, 11 South Street, Buffalo, N.Y. 14204 Michael R. Canfield, 632 West Avenue, Buffalo, N.Y. 14213 James K. Dole, 17 Choate Avenue, Buffalo, NY 14220 Mark V. Fahey, 248 Hancock Avenue, Buffalo, N.Y. 14220 Raymond P. Hehir, 1032 Tifft Street, Buffalo, NY 14220 Michael P. Kearns, 138 Hubbell Avenue, Buffalo, NY 14220 Kevin P. Lillis, Jr., 214 Geary Street, Buffalo, New York 14210 John J. O'Neil, 128 Tuscarora Road, Buffalo, NY 14220 FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective October 26, 1992 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Laborer I, Seasonal, at the starting salary of $5.98/hour. Ronald P. Anderson, 1497 Broadway, Buffalo, NY 14212 Francis J. Cinelli, 101 Bloomfield Ave., Buffalo, NY 14220 John C. Emminger, 196 Linden, Buffalo, NY 14216 Garth S. Huels, 294 Baynes, Buffalo, NY 14213 Marc D. Priore, 38 Wildwood Place, Buffalo, NY 14210 Edward P. Smith, 97 Parkview, Buffalo, NY 14210 FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective October 26, 1992 in the Department of Human Resources, Division of Youth, Ed Cudney, Sr., 103 Harrison Street, Buffalo, NY 14210 to the Position of Youth Worker, Temporary at the starting salary of $4.25 hourly. Appointment effective October 26, 1992 in the Department of Human Resources, Division of Youth Lawrence Jay, 59 Brownell Street, Buffalo, NY 14212 to the position of Community Aide, Temporary at the starting salary of $5.25 hourly. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 64 Reducing Industrial Discharges Res.# 155 C.C.P., 10/13/92 Airco Gases will be pleased to meet and discuss with the Common Council the "Good Neighbor Pact". Please advise us as to any meeting dates we should attend. We look forward to working with the Common Council and the other listed companies concerning this resolution. We request that the City Clerk distribute copies of this letter to the council members as he deems necessary. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 65 BANDAG TIRE RETREADERS OF BFLO., INC. Offer to Work With Area Residents We at Bandag Tire Retreaders of Buffalo, Inc. would like to take this opportunity to respond to the Petition recently submitted by the residents of Wasmuth Street to the Common Council of the City of Buffalo. As Bandag has built a successful business over the past 12 years, we have attempted to maintain amicable relations with the neighborhood residents at all times. We therefore acknowledge the validity of the concerns expressed within the petition, and wish to work with the Wasmuth Street residents and the City of Buffalo in reaching a mutually agreeable resolution to this difficulty. We appreciate your concern regarding this situation. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 66 BELLWEATHER BUILDERS Ben Fogelson Affidavit Delivered herewith please find the sworn Affidavit of Ben Fogelson, marketing Director of Bellwether Builders, Inc. Last week the Common Council required that an affidavit of Mr. Fogelson be filed with your office as part of an amendment to a Land Development Agreement involving the Masten District. We have provided a duplicate copy of this affidavit to Councilman Franczyk for his records. Please call should you have any questions. Thank you. RECEIVED AND FILED. No. 67 BUFFALO COLOR CORP. Reducing Industrial Discharges This is in reply to the Council's Resolution # 155 that Buffalo Color Corporation enter into negotiations aimed at developing a "Good Neighbor Pact" addressing the reduction of industrial discharges into the environment. Buffalo Color Corporation commends the Common Council for its commitment to reducing chemical discharges to both the air and the waterways. Since its inception in 1977, Buffalo Color has strived to be a good corporate neighbor by operating its plant and facilities in a manner that prevents or minimizes the loss of chemicals to the air or waterways. Buffalo Color Corporation has had a long standing commitment to voluntarily reducing its discharges and will be pleased to discuss its record with you. As you are aware, Buffalo Color's environmental activities are permitted by the Federal EPA, NYDEC, and the Buffalo Sewer Authority. Reports submitted to these regulators of our air and water activities are constantly being reviewed. We work very closely with these agencies and look to them for guidance. I might also mention that waste contributors to the Buffalo River include not only industry but upstream municipal discharges to the Buffalo River water shed, Buffalo Sewer Authority combined sewer overflows, agricultural runoff, and perhaps the most significant--historical industrial contributions. All these contributors must be addressed in order to fully realize the Buffalo River as a toxic free zone. Our proactive position regarding waste reduction is a matter of public record, namely; 1. BCC reduced the total TRI reportable materials over the past five years by 20% and continue that reduction process. 2. BCC has reached agreement with Allied Signal to implement the NYDEC's Record of Decision for an inactive Hazardous Waste Site located at BCC's plant known as "Area D." The implementation of this plan will have the effect of preventing all migration of hazardous materials leaving "Area D" via the ground water and air. The cost of this project is in excess of $12 million. 3. BCC is negotiating with USEPA and NYSDEC for a RCRA permit. As part of this permit a work plan will address any contamination/clean up of hazardous materials that may be present in the soils or ground water at the remainder of the Buffalo Color site. 4. BCC is preparing to meet the MACT (Maximum Achievable Control Technology) Standards as mandated by the Clean Air Act of 1990. This will continue to reduce our air emissions in addition to our ongoing reduction programs. 5. BCC is negotiating with the State to renew our SPDES permit for once-through process cooling water discharging into the Buffalo River. Buffalo Color Corporation now operates well within its permit. 6. BCC provides 10-12 MM gal/day of clean Lake Erie water which brings dissolved oxygen and diluting water to the Buffalo River through the Buffalo River Improvement Corporation (B.R.I.C.). During the summer months this has a very positive effect on marine life in the river. With Mobil Oil, Donner-Hanna, and Republic Steel ceasing their operations in this area, Buffalo Color took on the responsibility to manage the B.R.I.C. operation, restructured its finances with the city and maintained its viability. 7. BCC is active in the mandated NYSDEC hazardous waste reduction program which requires hazardous waste reduction plans with yearly progress reports. 8. BCC is also active in the New York State Facility Leak Component program which requires constant monitoring of our manufacturing equipment to assess potential fugitive emissions. 9. BCC is a member of CMA (Chemical Manufacturers Association) and an active participant of the "Responsible Care" Program of CMA. Member companies and Responsible Care partners are committed to the goal of minimizing waste, reducing releases to the environment, and managing generated wastes in a manner that is environmentally acceptable and protects human health. Yearly progress reports are submitted. 10. Most recently, Buffalo Color has conducted tours and information sessions for groups from both the Seneca Babcock Community Association and the Valley Community Association. 11. Our Environmental Manager, Mr. David Sauer, has been appointed by the commissioner of the NYDEC, Mr. T. Jorling, to serve on the Buffalo River Remedial Action Committee. He is an active member of that group. I would like to re-extend an invitation to the membership of the Council to visit Buffalo Color to more fully discuss our ongoing efforts to reduce our discharges to the environment. Please call me at 827-4536 to discuss this matter further. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 68 BUFFALO PHILHARMONIC ORCHESTRA Stabilization Report of the BPO Enclosed is a copy of the Stabilization Report of the Buffalo Philharmonic Orchestra. We hope that you find it helpful in understanding the challenges that the orchestra currently is facing, and the plans we have developed to meet these challenges. We appreciate your continuing support for the Philharmonic. As the enclosed report states, it is only with such support from across W.N.Y. that the BPO can continue its artistic excellence, community impact, and fiscal integrity. REFERRED TO THE COMMITTEE ON FINANCE, BUFFALO PHILHARMONIC ORCHESTRA AND KLEINHAN'S. No. 69 BUFFALO SABRES Financing Crossroads Arena Enclosed you will find the Buffalo Sabres Position Paper for the financing of The Crossroads arena complex. If you have any questions, please do not hesitate to contact me. REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE. No. 70 COMMUNITY ACTION INFORMATION CENTER Seek Designation as Developer For Vacant Firehouse The Community Action Information Center has an interest in converting the old vacant firehouse located at Best Street and Earl Place into residential housing for low-income residents. Our area is in serious need of adequate housing for its people. The firehouse serves no useful purpose to our community standing vacant. We request the Common Council approve and recommend to the Buffalo Urban Renewal Agency that C.A.I.C. be designated as the developer at the said site for implementing plans to development apartments for the low-income residents. It is our hope that you and the Common Council give serious consideration to our request. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 71 COMMUNITY ACTION INFORMATION CENTER Various Neighborhood Complaints As per your request in order of priority from 1 - 10, are the items that we would like taken care of: 1. 354 Johnson Street - burned house, trash and burned cars in driveway. 2. 422 High Street - corner of Timon, burned house with trash, broken windows and doors. 3. 490 High Street - corner of Timon, burned house with trash, broken windows and doors. 4. 550 E. North Street - house that needs to be torn down. Family lives there with no electricity or heat. Also, there is trash all over. 5. 719 Sherman Street - abandoned house. 6. 22 and 43 Timon Street (near High) - abandoned houses. 7. Diocesan Education Campus, Dodge & Norway Park - dumping of trash and broken windows. 8. Johnson Street - trash between E. North and Best. 9. Earl Place - trash between Best & High. 10. Fire House - 421 Best Street. Thank you for your assistance and cooperation in this matter. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMPTROLLER, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE, THE COMMISSIONER OF STREETS, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 72 JAMES GRANT, JR. Objection to Assessment Figures As Common Council Members, you should be aware of the results of she property re-appraisals that has just been completed. On Middlesex Road, between Elmwood Avenue and Amherst Street, there are now six listed and three unlisted houses for sale, all or most of these home owners trying to get anywhere near the appraised price for their property that the drive-by assessors said they are worth. The potential buyers of these properties are going to be painfully aware also that the City will probably be inclined to raise the tax rate as soon as the smoke clears from this re-evaluation. It is the old axiom - the more you raise taxes, the more the population works to avoid them - no matter whether it's property taxes, income taxes, excise taxes, gasoline taxes, sales taxes or any other kind of taxes. Please keep this in mind when you are making financial decisions about financial matters to run the City. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT. No. 73 KLEINHANS MUSIC HALL MANAGEMENT INC. Ticket User Fee Plan I am writing this letter to supplement and to modify my October 1, 1992 letter as respects the above matter. Subsequent to my October 1 letter, I have had a number of conversations with the Buffalo Philharmonic Orchestra Society, Inc. and they with QRS. I am pleased to report to you that the Buffalo Philharmonic has now volunteered to institute a fifty cent ($.50) a ticket surcharge on their tickets, and, hopefully, that QRS will soon be doing likewise. This $.50 a ticket surcharge will be instituted by the Buffalo Philharmonic immediately as of January 1, 1993 as respects single ticket sales and for next season as respects season subscription sales, with the surcharge printed on the tickets and the Buffalo Philharmonic being responsible for the collection and accounting as respects the surcharge. All ticket user fee proceeds will be remitted to Kleinhans Music Hall Management, Inc. to be used towards the renovation and restoration of the Music Hall, pursuant to the Greater Buffalo Development Foundation Feasibility Study. Kleinhans Music Hall Management, Inc. will proceed with this ticket user fee plan both as to commercial users of the Hall as well as respects the Buffalo Philharmonic and hopefully QRS (but not, at this time, as respects other non-profit organizations), irrespective of the adoption, or non-adoption, of the plan by Pilot Field, War Memorial Auditorium or other venues. Mr. Lengyel and I look forward to appearing before the Common Council's Finance Committee at its meeting Wednesday November 4, 1992 at 10:00 A.M. REFERRED TO THE COMMITTEE ON FINANCE. No. 74 BUFFALO FIREFIGHTERS LOCAL 282 Recommendations For Consultant Study Of Buffalo Fire Department 1. International Fire Consultants, Inc. 12 West 33rd Street New York, NY 10001 (212) 563-0565 Contact: Mr. George Beatty, President 2. Favro, McLaughlin & Associates 10116 Fair Oaks Blvd. Fair Oaks, CA 95 628 (916) 962-1053 3. Elmer F. Chapman Inc. 12 Guild Lane Levittown, NY 11756 (516) 432-0824 Contact: Mr. Elmer "Bud" Chapman, President REFERRED TO COUNCIL STAFF. No. 75 BUFFALO FIREFIGHTERS LOCAL 282 Fireboat Cotter It has come to my attention that the City has explored the possibility of retaining a pilot to pilot the Fireboat Cotter. It is my understanding that meetings have been had between Commissioner Shanks and Commissioner Comerford to utilize the fireboat for ice breaking this winter. As I have stated in the past, neither the Coast Guard nor the Army Corp. of Engineers can perform any ice breaking activity in the inner harbor or in relation to Cazenovia Creek or Buffalo Creek. My understanding was recently confirmed by a representative with the Army Corp. of Engineers. Since the City's obviously exploring usage of the fire-boat this winter, a number of questions ought be addressed by the Common Council to Commissioners Shanks and Comerford. More specifically, I suggest the following questions: 1. Has the Fireboat Cotter been actually decommissioned as claimed by Commissioner Shanks? 2. What steps have been undertaken to maintain the fireboat? 3. Who will be conducting ice breaking activity this winter and under what circumstances? 4. If the fireboat is to be used for ice breaking, will the individuals who previously manned the fireboat be recalled? 5. Does the Administration anticipate contracting out ice breaking to a private concern? If so, to whom and pursuant to what financial arrangements? 6. What plans does the City, in fact, have to break ice this winter in the inner harbor and on Buffalo and Cazenovia Creeks. Since winter is almost upon us, the above inquiries ought be immediately addressed. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF FIRE AND COMMISSIONER OF PUBLIC WORKS. No. 76 DOUGLAS PING Favor Life Memorial Park As businessmen and residents of the City of Buffalo, we wholeheartedly lend our support to The Life Memorial Park Committee's request to have the City of Buffalo dedicate the park located at the northwest corner of Normal Street, Porter (avenue and Jersey Street as Life Memorial Park. As an elected body representing the citizens of the City of Buffalo it is important for you to step to the forefront in recognizing and responding to the tragedy of AIDS. Your example can only help to spread the vital message that AIDS does not discriminate. An ideal avenue for you to send out this message to our community is by your approval of the request before you to dedicate the said park as a living memorial to AIDS victims and their families in the City of Buffalo and Western New York. Thank you for your support. RECEIVED AND FILED. No. 77 PVS CHEMICALS, INC. Reducing Industrial Discharges Regarding the attached resolution relating to remedies of the Buffalo River: We at PVS Chemicals, Inc. (NY) would like to commend the councilmen for their actions in adopting said resolution. Also, we would like to thank you for including us as a participant in this matter. PVS employees are very active in environmental affairs and have a deep concern for continuous improvement. PVS Chemicals, Inc. (NY) is proud of our accomplishments and we believe we are a good neighbor. We actively care for our neighborhood. Therefore, PVS accepts your invitation to be an active participant in this resolution. Please keep me advised of any future meetings or efforts in this area. As always we invite you, the councilmen and any civic group to tour our plant facilities. Please call me for your preferred dates. REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS No. 78 Ronald D. Bernys, petition to rezone 361 Dingens Street from R2 to C2 to construct an ice cream stand. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 79 Greenbridge Development Co., Inc., developer, and the Buffalo Municipal Housing Authority, owner, petition to Rezone Nos. 169-281 Eagle Street from R-4 to C-2 District to use eight (8) vacant public housing towers for a mixed commercial and residential use. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 80 Atlantic Refining & Marketing, owner, petition to use 2731 Delaware Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 81 Bryan Foulke and Others, requests Crime Watch Signs on Hewitt Avenue. Mr. Fahey moved: That the communication from the Hewitt Avenue Association, dated June 15, 1992, be received and filed; and That the Commissioner of Public Works be and hereby is authorized to install Neighborhood Crime Watch Signs at the following corners: northwest corner Hewitt at Comstock (facing Comstock), southeast corner Hewitt at Parkridge (facing Parkridge), northwest corner Hewitt at Parkridge (facing Parkridge), north end of Block of Hewitt at McCarthy Park (facing McCarthy Park). PASSED. AYES- 13 NOES- 0. No. 82 Donna Gibson and Others, requests Crime Watch Signs on Ontario Street. Mr. Fahey moved: That the communication from the Beatrice Street Block Club, undated, be received and filed; and That the Commissioner of Public Works be and hereby is authorized to install a Neighborhood Crime Watch Sign on Ontario facing south at Esser facing north. PASSED. AYES- 13 NOES- 0. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 83 Residency Status/R. Heftka (Item # 168 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 84 Residency Status/R. Heftka (CC) (Item # 23 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 85 Residency Status/R. Heftka (CSC) (Item # 68 CCP Feb 4, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 86 Residency Status/R. Heftka (CSC) (Item # 71 CCP Mar 31, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 87 Residency Status/R. Heftka (CC) (Item # 45 CCP Apr 28,1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 88 Information/Residency Status R., Heftka (CSC) (Item # 66 CCP Oct 13, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 89 Appointment Fire/Assistant Fire Alarm Dispatcher That Communication No 48 CCP Jul 7, 1992 be received and filed and the Permanent appointment of John Lydon stated above at the Maximum salary $37,033.00 effective on Jun 23, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 90 Appointment Public Works/Accountant That Communication No 38 CCP Sep 29, 1992 be received and filed and the Temporary appointment of Claudia Zona stated above at the Maximum salary $28,837.00 effective on Sep 18, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 91 Appointment Of Building superintendent (Inter)(PW) (Item # 34 CCP Oct 13, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 92 Appointment Public Works/Carpenter That Communication No 35 CCP Oct 13, 1992 be received and filed and the Permanent appointment of Michael D. Cunningham stated above at the Intermediate salary $23,832.00 effective on Oct 8, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 93 Appointment Public Works/Building Superintendent That Communication No 20 CCP Oct 27, 1992 be received and filed and the Permanent appointment of Dominic N. Macri stated above at the Maximum salary $39,095.00 effective on Sep 28, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 94 Appointment Associate Accountant/McSwain (Item # 50 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Appointment Audit & Control/Systems Support Analyst That Communication No 51 CCP Oct 27, 1992 be received and filed and the Provisional appointment of James Seguin stated above at the Maximum salary $34,389.00 effective on Jan 7, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 96 Appointment Audit & Control/Senior Accountant That Communication No 53 CCP Oct 27, 1992 be received and filed and the Permanent appointment of Joy McDuffie stated above at the Intermediate salary $30,846.00 effective on April 13, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 97 Appointment Audit & Control/Associate Accountant That Communication No 58 CCP Oct 27, 1992 be received and filed and the Permanent appointment of Richard A. Butler stated above at the Maximum salary $33,262.00 effective on Jul 15, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 98 Principal Auditor - Maximum Salary (Item No. 17, C.C.P., 10/13/92) That Margaret Burke, Principal Auditor is hereby approved to be placed at the maximum salary for such position effective as of August 31, 1991 and that she be paid at such maximum salary of $41,822 from such date. PASSED. AYES- 13 NOES- 0. No. 99 Notices Of Appointments (C.Clerk) (Item # 41 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 100 Tax Cancellation 1992-1993 (Item No. 20, C.C.P., Oct. 13, 1992) That the Commissioner of Assessment be, and he hereby is, authorized to draw a warrant on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund in favor of the City for the taxes indicated on the list attached to the above item in the amount of $184,173.72. PASSED. AYES- 13 NOES- 0. No. 101 Abatement Water Charges 408 Leroy (Item No. 44 C.C.P., 10/27/92) That the water charges and interest thereon accrued and owing for the property at 408 Leroy Avenue in the amount of approximately $7800.00 be and such are hereby abated and discharged and that the records of the Division of Water be adjusted to reflect such abatement. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 12 NOES- LOTEMPIO- 1 No. 102 Kleinhans Surcharge Plan (Item No. 76, C.C.P., 10/13/92) That Kleinhans Music Hall Management, Inc. be and it hereby is authorized to impose a surcharge of $.50 for each ticket sold for events at Kleinhans Music Hall except such surcharge shall not be imposed for events sponsored by not-for-profit entities; That the proceeds of such surcharge be dedicated to the maintenance and renovation of the Kleinhans Music Hall facility. PASSED. AYES- 13 NOES- 0. No. 103 Request Venue Plan For User Fee On Tickets (Item # 8 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Disposal Of Refrigerators (PW) (Item # 18 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 105 Permission To Install Handicap Ramp 1132 Lovejoy Street (Item No. 26, C.C.P., Oct. 13, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. & Mrs. Lou Bielli, owners of Jeane's Beauty Salon located at 1132 Lovejoy Street corner of Benzinger, 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 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 ramp. PASSED. AYES- 13 NOES- 0. No. 106 Ordinance Amendment Chapter 387 - Signs (Item No. 109, C.C.P., Oct. 27, 1992) That the Ordinance Amendment as contained in Item No. 109, C.C.P., October 27, 1992, be and the same is hereby approved. PASSED. AYES- 13 NOES- 0. No. 107 Appointment of Member of Buffalo Preservation Board (Item No. 2, C.C.P., Oct. 27, 1992) That the appointment of Mr. Peter F. Hunt, 6 Middlesex Road, Buffalo, New York as a member of the Buffalo Preservation Board effective October 12, 1992 for a term expiring August 31, 1995, be and hereby is confirmed. ADOPTED. No. 108 Appointment And Reappointment of Members of Elevator Safety Review Board (Item No. 1, C.C.P., Oct. 13, 1992) That the reappointments of the below listed persons as members of the Elevator Safety Review Board to terms expiring on April 30, 1995; of Thomas Granville, Gallagher Elevator, 135 South Division, Buffalo, New York, 14203, Bernie Cryan, Lawley Service, Inc., 120 Delaware Avenue, Buffalo, New York 14202, Robert A. O'Hara, R.A., A.l.A., Director of Buildings, 502 City Hall, Buffalo, New York 14202, Steven D. Parks, Building Manager, Koll Management Services, 1 Marine Midland Center, Suite 3100, Buffalo, New York 14203, Donald H. Winkle, Business Rep., International Union of Elevator Constructors - Local # 4, 3527 Harlem Road, Buffalo, New York 14225, be and hereby are confirmed; and That the appointment of Peter L. Hall, Otis Elevator Company, 1175 Military Road, Buffalo, New York 14217 as a member of the Elevator Safety Review Board effective October 5, 1992 for a term expiring on April 30, 1995, be and hereby is confirmed. ADOPTED. No. 109 Residency Requirement/Elevator Safety Board (CC) (Item # 27 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 110 BY: MR. AMOS EXCLUDE UNIVERSITY DISTRICT FROM PARKING METER FEE HIKES WHEREAS: The 1992-93 City of Buffalo budget calls for an increase of all parking meter rates from $.25 per hour to $.50 per hour; and WHEREAS: The rate increase for meters has been denounced by small business owners through out the city because of fear that the increases will adversely effect their businesses; and WHEREAS: The small business owner must bear an especially heavy burden of the new city budget which also calls for a 23% property tax increase to be levied against them; and WHEREAS: With the added financial stress from new taxation combined with timely economic pressures, more and more small businesses are finding themselves financially strapped and depend more upon a steady flow of patronage to survive; and WHEREAS: Requiring the citizens who patronize the small businesses to pay 100% more for a parking spot will seriously threaten the flow of patrons to the small businesses and ultimately threaten the future of some small business communities. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the City Corporation Counsel to draft an ordinance amendment to exempt the University District from the 100% parking meter rate hike. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 111 BY: MR. ARTHUR REQUEST COMPTROLLER, ASSESSMENT, STREET SANITATION, PUBLIC WORKS TO INSTITUTE SYSTEM FOR ABATING CHARGES WHEREAS: On April 14, 1992 (Item No. 121, C.C.P., April 14, 1992) this Common Council, after reviewing a request from Mr. James Robinson, abated charges for trash removal at 164 Eaton Street; and WHEREAS: In taking this action, the Common Council directed "that the owner of such property and any collection agency hired to collect such charges shall be notified of such abatement"; and WHEREAS: Subsequent to this Action by the Council, Mr. Robinson received a communication from Amana Capital Corporation, notifying him that he must pay the charges or have the matter turned over to an attorney; and WHEREAS: Upon receiving this communication, Mr. Robinson contacted the Council President's Office for assistance. The Council President's Office at that time contacted the collection agency and the Comptroller's Office and received assurances that Mr. Robinson's case would be closed; and WHEREAS: On October 22, 1992, Mr. Robinson received a communication from Pamela D. Cohen, Attorney At Law, notifying him that he "must make immediate arrangements for payment of this money or I will have to follow my client's instructions with regard to suit"; and WHEREAS: The Council President's Office again contacted the Comptroller's Office and was assured that the collection agency would be notified not to send any further communications to Mr. Robinson, but the Comptroller's Office asked that the Departments of Street Sanitation and Assessment be contacted and asked to notify the Comptroller's Office that said charges have been abated. NOW THEREFORE BE IT RESOLVED: That this Common Council requests the Comptroller, in conjunction with the Departments of Assessment, Street Sanitation, Public Works, and any other involved departments or agencies to develop a process whereby charges that have been abated by the Common Council and/or the department's themselves are communicated to the Comptroller's Office, in a timely fashion, so that citizens are not continually harassed for charges they have not incurred. ADOPTED. No. 112 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS EXEMPT ITEMS - RESERVE FOR CAPITAL IMPROVEMENTS 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 $10,800 be and the same is hereby transferred from the Reserve for Capital Improvements 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 $10,800 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $10,800 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $10,800 To: 200 Capital Projects Fund 40-2 Division of Buildings 063 - Reconstruction Swimming Pools $10,800 PASSED. AYES- 13 NOES- 0. No. 113 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -CAPITAL PROJECTS FUND COMMUNITY DEVELOPMENT That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $150,000 be and the same is hereby transferred from Appropriation Allotments - Capital Projects Fund Division of Parks and said sum is hereby reappropriated as set forth below: FROM: 200 Capital Projects Fund 60-1 - Division of Parks 040 - Improvements to Broderick Park $150,000 TO: 200 Capital Projects Fund 71-7 - Division of Development 524 - Improvements to Broderick Park $150,000 PASSED. AYES- 13 NOES- 0. No. 114 BY: MR. COLLINS CAPITAL BUDGET AMENDMENT ADDITION TO CAPITAL PROGRAM 1992 - 93 That, pursuant to Section 359 of the Charter and the Certificate of the Mayor and the Comptroller, submitted to the Common Council, the Capital Program for the fiscal year 1992 - 1993 be and the same is hereby amended by inserting the following item under the heading: Department of Public Works 40-2 Division of Buildings Police Consolidation - South District Pilot Project $350,000 That the total estimated cost for this Capital Improvement is $750,000 PASSED. AYES- 13 NOES- 0. No. 115 BY: MR. COLLINS INCREASE PENALTIES FOR THE SALE OF TOBACCO TO MINORS AND FAILURE TO POST REQUIRED WARNING WHEREAS: In New York State it is illegal to sell tobacco to persons under 18 years of age. New York State Penal Law Section 260.20 ..."Unlawfully dealing with a child," states that a person is guilty of unlawfully dealing with a child when a person sells or causes tobacco to be sold in any form to a child less than 18 years of age; and WHEREAS: Unlawful dealing with a child is a Class B misdemeanor. A Class B misdemeanor is presently punishable by imprisonment of no more than 3 months, and/or a fine of no more than $500.00; and WHEREAS: New York State Law also requires businesses that sell tobacco to post a sign stating, "SALE OF CIGARETTES OR OTHER TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW" (General Business Law, Section 399-e); and WHEREAS: Any violation of Section 399-e presently is punishable with a fine of not more than one hundred dollars on the first violation and two hundred fifty dollars on the second and all subsequent violations; and WHEREAS: Nationally each day 3000 minors begin smoking. Studies show that the vast majority of smokers started smoking before they were 18 years old. [United States Department of Health and Human Services, Smoking and Health: A National Status Report (1986)). In a study conducted last summer in Erie County, it was found that 14 and 15 year old could easily purchase cigarettes in 84 of 120 stores visited; and WHEREAS: The tobacco industry contributes significantly to the experimentation with tobacco and the initiation of regular tobacco use by children and young adults through its advertising and promotion practices; and WHEREAS: Despite New York State Laws prohibiting the sale of tobacco products to minors, children continue to have access to tobacco, because tobacco marketing practices make cigarettes widely available to children and encourage them to smoke. Present punishment for violations have by no means deterred businesses from selling tobacco to minors. Merchants locally are even selling cigarettes individually to minors at a cost upward of $.25 each; and WHEREAS: Allowing a parent or guardian of a minor the authority to submit complaints detailing violations of the law should be considered, and where a fine results from such a complaint, a portion of the penalty could be rewarded to the parent or to a local anti-tobacco use effort; and WHEREAS: Higher enforced penalties will deter sale and distribution of tobacco to minors and the potential of a business having their licenses revoked will send a message that violations of the laws will no longer be tolerated. NOW, THEREFORE BE IT RESOLVED: That this Honorable Body direct the City Clerk to refer this resolution to the New York State Department of Tax Enforcement and the Buffalo Police Department for their input and recommendations with the problem of enforcement of penalties and the problem of merchants selling cigarettes individually; and BE IT FINALLY RESOLVED: That this Honorable Body direct the Law Department to draft legislation that would increase the fines for individuals selling tobacco illegally and failing to post proper signage in the City of Buffalo and give the City Licensing Department authority to enforce said laws. ADOPTED. No. 116 BY: MR. COLLINS REMOVAL OF PIKE STATUE WHEREAS: A memorial statue of Albert Pike stands at Judiciary Square in the District of Columbia, having been dedicated in 1901; and WHEREAS: The statue stands on public land of the United States, and is maintained at the public expense of United States taxpayers; and WHEREAS: The United States Congress in 1988 authorized a private organization to place the statue of Albert Pike on the public land of the United States, being falsely informed only that Albert Pike was a leader of white Freemasons in the southern states, a brave soldier and able lawyer, a statesman and a distinguished citizen of the United States; and WHEREAS: Albert Pike was a Brigadier General of the Confederate Army, when troops under his command committed atrocities and war crimes against United States soldiers, causing a protest from the United States against the Confederate Army, whereupon Pike was relieved of his command and placed under arrest by the Confederate Army; and WHEREAS: Albert Pike was indicted for treason against the United States and fled prosecution. Pike was a chief founder and strategist of the Ku Klux Klan in the years following the Civil War, he was Chief Judiciary Officer of the Ku Klux Klan and the Grand Dragon of the Ku Klux Klan in Arkansas; and WHEREAS: The Pike statue is an insult to all humankind who look to the Capital of the United States as the center of liberty and justice; NOW THEREFORE BE IT RESOLVED That this Honorable Body respectfully requests that the President of the United States honor its request to remove the statue of Albert Pike that stands in Judiciary Square. BE IT FURTHER RESOLVED That the clerk forward certified copies to the President of the United States, the Secretary of the Department of Interior and the U.S. Department of Labor. ADOPTED. No. 117 BY: MR. COLLINS CHANGE NAME OF BUELL STREET TO "DIGNITY CIRCLE" WHEREAS: Women for Human Rights and Dignity, Inc., utilizing a grant received through New York State, is successfully developing a new housing program in the Humboldt Parkway / Buell Street area; and WHEREAS: This development is commonly referred to as "Dignity Circle" and is a source of pride in the community as it provides affordable new housing and a favorable environment in which to raise a family; and WHEREAS: Women for Human Rights and Dignity have requested that the name of Buell Street be changed to "Dignity Circle" in recognition of the project's success; NOW, THEREFORE, BE IT RESOLVED: That this Common Council hereby approves of the change of the name of Buell Street to "Dignity Circle"; and BE IT FURTHER RESOLVED: That the City Clerk be and hereby is directed to prepare and submit to this Honorable Body for its consideration a notice of intention to change the name of Buell Street to Dignity Circle, pursuant to Chapter 286, Section 286-3 of the Buffalo Code, and to schedule a public hearing pursuant to the same section. ADOPTED. No. 118 BY: MR. COPPOLA PERMISSION TO ERECT BANNER FOR HOLIDAY CRAFT FAIR WHEREAS: The Lexington Village Business Association will hold a holiday craft fair on December 12th and 13th; and WHEREAS: As in past years, the association would like Common Council permission to erect a vinyl banner, measuring 4 feet high by 30 feet long, advertising this event in the same location, light standard # 618 at Elmwood and Auburn to the tree directly across Elmwood Avenue; and WHEREAS: The association proposes hanging the banner on November 27th and removing it on December 14th; and WHEREAS: The association has obtained an insurance policy in the amount of one million dollars naming the city as insured for the period of time for which the banner will be hung. NOW THEREFORE BE IT RESOLVED THAT This Common Council grant permission to The Lexington Village Business Association to erect a banner at the above location for the time period stated after having satisfied any conditions set forth by the Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 119 BY: MR. FAHEY REMOVAL OF COMMISSIONERS AND EXEMPT EMPLOYEES WHEREAS: The operations of city government are overseen by Commissioners, Directors and other exempt managerial employees; and WHEREAS: A Federal Grand Jury in March 1991 indicted the Buffalo Commissioner of Parks on various charges; and WHEREAS: The former Commissioner of Parks was found guilty of felony charges by a jury of his peers; and WHEREAS: During the period between the indictment of the Commissioner of Parks and the subsequent guilty verdict, the status of employment of Mr. Delano was in doubt; and WHEREAS: While Article 24, Section 444 of the City Charter speaks to the removal of Civil Service employees, the Charter is silent in a situation that deals with exempt employees; and WHEREAS: The Charter should speak to the removal of exempt employees in clear and definitive language; NOW, THEREFORE BE IT RESOLVED: That this Council directs the Corporation Counsel to file the appropriate language that will call for the suspension of exempt employees in the event he or she should be indicted and for the removal from his or her position upon the conviction for said charges. ADOPTED. No. 120 BY: MR. FAHEY INCREASE MEDICAID REIMBURSEMENT RATE FOR AMBULANCE SERVICE WHEREAS, Representatives of the Buffalo Emergency Medical Services Board and the emergency medical community met with the Erie County Commissioner of Social Services to request a rate increase for ambulance service in February 1992; and WHEREAS, The Coordinator of Emergency Services for the City of Buffalo was informed in October 1992 that the County had denied any increase; and WHEREAS, The last Medicaid increase was April 4, 1987 and the number of Medicaid patients needing transports continues to increase; and WHEREAS, Erie County reimburses ambulance companies at a rate of $70 per transport which is far below the actual cost of operation; and WHEREAS, This has caused the private rate of pay to escalate; and WHEREAS, The current private pay rates as of October 1, 1992 are: Basic Life Support $218.50, Advanced Life Support $350.50, mileage $5.45 and oxygen $26.80; and WHEREAS, Erie County's reimbursement rate is significantly lower than most counties and does not have a separate rate for Basic Life Support and Advanced Support; and WHEREAS, The health and viability of the pre-hospital care system depends on an equitable and fair Medicaid reimbursement rate. NOW, THEREFORE BE IT RESOLVED That this Common Council requests that the County Legislature examine the need for an increase in the Medicaid reimbursement rate and include provisions for the increase in the County's budget. REFERRED TO THE COMMITTEE ON FINANCE, THE EMERGENCY MEDICAL SERVICES BOARD AND THE ERIE COUNTY EXECUTIVE. No. 121 BY MR. FAHEY CITY NOTE ISSUES CREDIT ENHANCEMENT AGREEMENT RESOLUTION OF THE CITY OF BUFFALO, NEW YORK AUTHORIZING THE CITY COMPTROLLER TO ENTER INTO AGREEMENTS FOR CREDIT ENHANCEMENT OF CITY NOTE ISSUES. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to the authority vested in it under Section 168.00 of the New York Local Finance Law, The Common Council of the City of Buffalo, the governing body of such City, hereby delegates to the Comptroller, the chief fiscal officer of the City, its powers under such section 168.00 with respect to agreements for credit or liquidity enhancement in order to facilitate the issuance, sale, resale and payment of notes of the City. The powers hereby delegated shall be exercised by the Comptroller until 1/1/93. Introduced: November 10,1992 PASSED. AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES- ARTHUR, COLLINS, PITTS- 3. No. 122 BY: MR. FAHEY CREDIT ENHANCEMENT AGREEMENT Attached is a copy of proposed agreement for Credit Enhancement REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 123 BY: MR. FAHEY FUNDING LEAD PILOT PROGRAM WHEREAS: The Joint City-County Lead Action Task Force has designed a Pilot Program for lead abatement which will target 25 homes in census tract 35 for voluntary inspections and the abatement of lead hazards; and WHEREAS: Tract 35 is bounded by Humboldt Parkway, East Ferry, Moselle, Genesee and Best streets; and WHEREAS: In addition, the Pilot Program includes testing at the Resurrection Head Start Program, through which children with elevated blood lead levels will be identified, triggering the city ordinance which requires a lead inspection of the homes of children who are found with elevated blood lead levels; and WHEREAS: Funding is necessary to help homeowners with the costs of lead abatement which can range from $2,000 to $20,000 per home; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Department of Inspections and Community Revitalization to identify $200,000 for use in the abatement of lead hazards under the Lead Action Task Force Pilot Program, and to set those funds aside in a separate line. ADOPTED. No. 124 BY: MR. FAHEY REQUEST CORPORATION COUNSEL TO PREPARE ORDINANCE AMENDMENT ON SANDBLASTING WHEREAS: Sandblasting exterior surfaces of buildings can be a dangerous practice because it can release toxic materials such as lead into the environment; and WHEREAS: Sandblasters are currently required to obtain a license for the use of their machine in the city but are not required to obtain a permit for individual jobs; and WHEREAS: Without permit requirements, the Department of Inspections is unable to track sandblasting activity within the city; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Corporation Counsel to prepare an ordinance amendment on sandblasting which will include the following points: 1) A permit will be required for each sandblasting job; 2) Unless an appropriate test of painted surfaces determines that leaded paint is not present, exterior painted surfaces will be assumed to consist of leaded paint; 3) If leaded paint is found or assumed, procedures will be followed to insure that no lead hazard will result. These procedures will include the sealing of windows, doors and other openings to prevent lead dust from entering the building, covering plants and ground surfaces to prevent lead dust deposits, the creation of an enclosed work area through plastic sheeting or another method which will prevent lead dust and chips from depositing on neighboring properties, the use of wet misting or simultaneous vacuuming to limit dust emissions, and the use of procedures established by OSHA to protect workers from lead hazards; 4) Proper disposal of materials generated by sandblasting will be required. ADOPTED. No. 125 BY: MESSRS. FAHEY AND FRANCZYK SET PUBLIC HEARING- COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM LEWIS STREET SENIOR HOUSING 104 LEWIS STREET POLISH COMMUNITY CENTER OF BUFFALO, INC. WHEREAS, Polish Community Center of Buffalo, 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 thirty-two (32) residential units of new housing for elderly and/or handicapped people in the Community Wide Urban Renewal Homestead 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 20th day of November 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 24th day of November 1992. ADOPTED. No. 126 BY: MESSRS. FRANCZYK, AMOS, BAKOS, ZUCHLEWSKI AND MRS. LoTEMPIO SUPPORT KOLBE SITE FOR SCHOOL 57 PUPILS WHEREAS: The Common Council recently conducted a public hearing about conditions at Public School # 57 on Sears Street; and, WHEREAS: Based on testimony from the school principal, teachers, parents and students, in addition to a tour of the facility, the Council determined that School # 57 is totally inadequate for the needs of the neighborhood pupils enrolled there; and, WHEREAS: School # 57 was deemed to be an aging structure which will not receive the adequate funding to ease overcrowding, run-down classrooms and the generally dilapidated condition of much of the property; and, WHEREAS: In response to easing the crowded conditions at the school the Common Council identified Community Development Block Grant funds for the construction of prefabricated classroom unite adjacent to the school, although even more space needs to be identified; and; WHEREAS: Earlier this year the Kolbe Catholic parochial school Board of Directors ordered the closing of their city campus located at St. John Kanty parish at Broadway and Swinburne Street; and, WHEREAS: The Kolbe campus is in excellent condition, with modern and up-to-date classrooms and facilities; and, WHEREAS: The Buffalo Public school system is currently negotiating to lease the Kolbe School, possibly for the Frederick Law Olmsted School 56 program for the gifted and talented; and, WHEREAS: Parents, teachers and students at School # 57 argue that a lease agreement at Kolbe should be negotiated for some of the earlier grades currently offered at School # 57; and; WHEREAS: Parents maintain that children at School # 57 are "suffering from socioeconomic discrimination;" and that the 590 students from the Broadway-Fillmore community must attend a school that is "overcrowded, understaffed, poorly supplied and unsafe;" and, WHEREAS: Children attending the neighborhood school should not be treated as second-hand citizens in their own community, and should be given every opportunity to attend the Kolbe campus, located in their community; NOW THEREFORE BE IT RESOLVED: That this Common Council stands in solidarity with the parents, teachers and pupils at School # 57, and urges Buffalo School Superintendent Albert Thompson and the Buffalo School Board to support a leasing arrangement with the former Kolbe School to include pupils from neighborhood School # 57. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION, THE BOARD OF EDUCATION AND N.Y.S. BOARD OF REGENTS. No. 127 BY: MR. FRANCZYK APPOINTMENTS TO BUFFALO RADIO ADVISORY COMMITTEE WHEREAS: This Common Council adopted resolution 157 C.C.P. June 23, 1992 - "Radio Access for Local Musicians" which called for the creation of a committee "to grade radio stations on their commitment to local music and to make recommendations to the Common Council on annual Council awards to local stations which take positive steps to promote local music."; and WHEREAS: This resolution was adopted because the Council recognizes the importance of locally produced art and seeks to bolster the support of local artists; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby appoints the following individuals to the Buffalo Radio Advisory Committee whose charge is stated above: Allen Brown James Celeste 16 Upper East Lane 42 N. Ellicott St. Buffalo, NY 14207 Williamsville, NY 14221 Pauline Digati-James Mark Drost 252 Lexington Avenue 391 Ellicott Street Buffalo, NY 14222 Buffalo, NY 14203 Richard Falkowski James Folan 113 Peinkofer Drive 288 Seventh Street Cheektowaga, NY 14225 Buffalo, NY 14201 Kim M. Gipp Artie Kwitchoff 467 Normal Avenue 212 Norwood Avenue Buffalo, NY 14213 Buffalo, NY 14222 Cheryl Littlejohn John Lombardo 177 Hastings Avenue 149 Gelston Street Buffalo, NY 14215 Buffalo, NY 14213 Jeffrey Mallon Anthony Marfione 15 Lindhurst Drive 100 Theater Place Lockport, NY 14094 Buffalo, NY 14202 Michael Moran Richard Peters 14 Regan Street 593 Winspear Avenue Delavan, NY 14042 Buffalo, NY 14215 Lynn Petronsky Paul Petronsky 1620 South Park Avenue 1620 South Park Ave. Buffalo, NY 14220 Buffalo, NY 14220 Don Vincent Coco Wozniak 506 West Utica 508 Connecticut Street Buffalo, NY 14213 Buffalo, NY 14213 ADOPTED. No. 128 BY: MR. FRANCZYK REQUEST RECYCLING DISPLAY WHEREAS: The promotion of recycling is an important function for City government because it can save taxpayers money while reducing the environmental damage associated with burning or landfilling waste; and WHEREAS: While City departments have tried to keep people informed about which items are included in the recycling program, there is still much confusion as evidenced by frequent calls to Council offices; and WHEREAS: City Hall should be a good location for recycling educational efforts because it is a public building with many people coming through each day; and WHEREAS: An eye-catching display in the City Hall lobby could be developed at a minimal cost and could serve as a dependable source of information about the recycling program; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Departments of Street Sanitation and Public Works to develop a display in the City Hall lobby which will include examples of items which can and cannot be recycled along with free informational pamphlets on the recycling program. ADOPTED. No. 129 BY: MR. HIGGINS AUTHORIZATION FOR FEE AND PERMIT WAIVER FOR PORTABLE SIGN PROMOTING DEC. 8 CYSTIC FIBROSIS FOUNDATION FUND RAISER WHEREAS: Cystic Fibrosis is a congenital disease most often afflicting children and is characterized by chronic infection of the respiratory tract and pancreatic insufficiency; and WHEREAS: The Cystic Fibrosis Foundation has scheduled a fund-raising event in Downtown Buffalo for Tuesday, December 8; and WHEREAS: The Cystic Fibrosis Foundation seeks permission to place a portable sign promoting their fund raiser for one (1) week preceding said event. NOW, THEREFORE BE IT RESOLVED: That this Common Council authorize waiver of all permits and fees and further waives the provision for review by this Common Council pursuant to Sec. 387-20 of the Codes of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 130 BY: MRS. LOTEMPIO AND MR PERLA IDENTIFY AND DIRECT FINE AMOUNTS COLLECTED IN CITY HOUSING COURT TO THE DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION WHEREAS: City Housing Court has taken a hard line in dealing with violators of the City of Buffalo's housing codes and ordinances; and WHEREAS: As a result of this upscaled enforcement, the City Housing Court has assessed and collected a sharp increase in fines over the past six months and has directed this revenue to the City of Buffalo; and WHEREAS: A question exists as to whether 100% of the total fines collected are directed to the city and deposited into the general fund or a specialized account; and WHEREAS: The city needs every bit of revenue to field an effective Inspection Department for proper enforcement of it's housing codes and ordinances; and WHEREAS: By identifying and reporting all revenue directed to the city from housing court, the city could then transfer this revenue to the Department of Inspections and Community Revitalization to be used in the hiring of new inspectors and to aid and enhance the Department in housing enforcement services. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Director of the Division of Treasury to identify and report the account number and the exact amount of revenue received by the city from Housing Court; and BE IT FURTHER RESOLVED THAT: The Corporation Counsel be directed to prepare legislation to allow the transfer of all revenue received from Housing Court to the Department of Inspections and Community Revitalization for the hiring of new inspectors and the enhancement of housing enforcement services; and BE IT FINALLY RESOLVED THAT: The Division of Treasury file a response with the City Clerk's Office by 2:00 P.M. Thursday, November 19, 1992. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 131 BY: MR. PERLA ORDINANCE AMENDMENT CHAPTER 269 - LODGING HOUSES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 269-3 of Chapter 269 of the Code of the City of Buffalo amended to read as follows: S269-3. License required. No person, firm or corporation shall occupy, use or maintain any building or portion thereof as a lodging house nor conduct a lodging house in any building or portion thereof without first obtaining a license therefor from the Director of Licenses and Permits. No license shall be issued unless the owner or lessee or the agent of the owner or lessee as designated in Section 269-4(A)(1) hereof resides on the premises of the lodging house or within five hundred feet of the premises. The application for such license shall be prepared by and obtained from the Director of Licenses and Permits. The application shall require only such information as is pertinent to the conduct, use, occupancy and maintenance of a lodging house, together with the information required in 269-4 hereof. Each application, including an application for the reissuance of a license, shall be referred to the Commissioner of Fire for compliances with applicable fire and safety laws, to the Commissioner of Police for the police record of applicant or applicant's agent and to the Commissioner of Health for his approval as to conditions of health and sanitation. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 132 BY: MR. ZUCHLEWSKI REVIEW OF CHARTER REVISION EXPENSES WHEREAS: The Buffalo Common Council has raised several questions regarding the expenses of the Charter Revision Commission on several occasions during the past few months, and WHEREAS: Even though the Common Council had allocated only $1.00 for their expenses, the Charter Revision Commission was authorized by the Mayor to spend up to $20,000 on "necessary" expenses, and WHEREAS: In a legal opinion dated September 2, 1992, the Corporation Counsel's office gave the Comptroller a legal opinion compelling him to pay for these "necessary" expenses, and WHEREAS: As part of this opinion of Municipal Home Rule Law, the State Comptroller's Office states that the statute authorizes expenses for informing voters only, "not for the purpose of promoting a particular view," and WHEREAS: In the weekend before election day, television commercials appeared on local stations urging voters to vote "yes" on local propositions 1 and 2, and WHEREAS: In addition, pamphlets were passed out in front of the voting booths urging people to vote "yes" on the local propositions, and WHEREAS: Not only does it appear the ads were in direct conflict with state law but they also blatantly lied to potential voters by stating the charter proposals would "cut taxes NOW THEREFORE BE IT RESOLVED: That this Common Council direct the Comptroller to withhold payment on any bill submitted to his office for payment of these television advertisements or "vote yes" pamphlets because of the apparent violation of state Municipal Home Rule Law. BE IT FURTHER RESOLVED: That the Common Council request the Charter Revision Commission to file a list of the names of private donors for expenses incurred. ADOPTED. No. 133 BY: MESSRS. ZUCHLEWSKI, HIGGINS AND BELL WATER TASTE AND ODOR WHEREAS: Last year, the Common Council investigated the poor quality of the water in the City of Buffalo, and WHEREAS: At that time, we were informed that the problem was thought to be either algae or zebra mussels or a combination of both, and WHEREAS: At that time, we were told that measures were being taken to correct the problem which included using potassium permanganate to oxidize organic matter, chlorine to kill zebra mussels and carbon filtration to help reduce the foul taste, and WHEREAS: These problems of an unusually foul water taste and even an odor have returned to the City water supply this fall, and WHEREAS: Even though water users were forced to endure an 11.8% rate increase, they are being compelled to purchase bottled water for their use, and WHEREAS: With rate hikes looming in the future in order to rebuild our crumbling water supply system, water users should, at the very least, be able to drink the water they are being charged for, NOW, THEREFORE BE IT RESOLVED: That this Common Council request a report from the Commissioner of Public Works, the Water Board and the Water Authority on the reasons for the current taste and odor problems in the City of Buffalo and the plans for dealing with this problem now and in the future. ADOPTED. No. 134 BY: MESSRS. ZUCHLEWSKI, AMOS AND FAHEY PROTECTION FOR CITY WORKERS WHO DISCLOSE WRONGDOING IN CITY GOVERNMENT WHEREAS: The recent course of events in the Buffalo Parks Department requires that changes be made so that any similar illegal activities do not recur in the future within any department in the City of Buffalo; and WHEREAS: The employees of the Parks Department knew of wrongdoing within the department but were unable to disclose any information to their supervisor and had no other avenue to report the wrongdoing without fear of losing their jobs; and WHEREAS: Legislation is now needed so that those willing to step forward have the proper avenue to lodge their complaint and that those disclosing information are protected after they report any abuses or wrongdoing; and WHEREAS: Under no circumstances should any employee suffer from any penalty for disclosing wrongdoing within any department in the City of Buffalo; and WHEREAS: Those who are willing to disclose wrongdoing should be assured that they will be protected under City law similar to Federal mandates and guidelines established in the Civil Service Law of New York. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council direct the Law Department to draft a Charter Amendment which would: 1. Mirror that of the Federal mandates and Civil Service Law of New York to protect employees of the City of Buffalo who disclose wrongdoing within any department of the City of Buffalo. 2. Have an individual in an authoritative position removed as a employee of the City when it is proven that said individual harasses or intimidates any person making a disclosure of wrongdoing. 3. Allow an city employee to go directly to a law enforcement agency such as the Erie County District Attorney or United States Attorney to disclose any wrongdoing they believe may be taking place; and BE IT FURTHER RESOLVED THAT: The City Clerk send copies of this resolution to Erie County District Attorney Kevin Dillon, United States Attorney Dennis Vacco and the City of Buffalo Civil Service Commission for their input into the drafting of said legislation. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, U.S. ATTORNEY, AND THE NEW YORK STATE ATTORNEY GENERAL. No. 135 BY: MR. ZUCHLEWSKI RECALIBRATE PARKING METERS IN SMALL BUSINESS DISTRICTS TO $0.25 FEE FOR PARKING WHEREAS: The 1992-93 City of Buffalo budget calls for an increase of all parking meter rates from $.25 per hour to $.50 per hour; and WHEREAS: The rate increase for meters has been denounced by small business owners throughout the city because of fear that the increases will adversely effect their businesses; and WHEREAS: The 100% meter rate increase from $0.25 to $0.50 will make short term parking in small business districts less desirable for patrons shopping in the small business district. Patrons may opt to do business in plazas or suburban malls where parking is free; and WHEREAS: With the added financial stress of new taxation and recent property reassessments combined with timely economic pressures, more and more small businesses are finding themselves financially strapped and more dependent upon a steady flow of patronage to survive; and WHEREAS: Recalibrating parking meters to $0.25 per hour or $0.25 per 1/2 hour would allow better turnover of parking spaces in the small business districts and also suit the short term parking needs of small business patrons to ultimately enhance the success of small businesses through out the city. NOW THEREFORE BE IT RESOLVED THAT: This Common Council requests the Director of Parking Violations Bureau to research the cost of recalibrating parking meters back to rates of $0.25 per hour or $0.25 per 1/2 hour, and BE IT FURTHER RESOLVED THAT: The Director of Parking Violations Bureau file a report detailing the cost of recalibrating parking meters back to $0.25 per hour or $0.25 per 1/2 hour by 2:00 P.M. Thursday, November 19, 1992. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 136 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Archie L. Amos, Jr. Peter J. Savage Ann M. Angelo Brenda Sciortino Jody H. Bailey Wanda Stevens Norman M. Bakos Thomas M. Tarapacki Jeanine Baran John Verbocy Jo Marie Barone Helen M. Wagner Clifford Bell Rosetta J. Walden Daniel Blum Artha L. Williams Joseph S. Bongiovanni Michael A. Williams Joseph R. Brucato S. Denice Zeigler Judith C. Chrosniak Donald O. Allen Gerald A. Chwalinski Barbara Bolden David A. Collins Jesse J. Carmichael Alfred T. Coppola Louise Clyburn Douglas E. Covell, Jr. Alfonso Cohill Donna M. Davis Julia A. Danahy Joe D. Davis Belencia Davis Adele Drajem Thomas L. Franczyk John H. Emmons James Folan Wendy S. Eschborn Janice M. Gardner Thomas M. Fitzpatrick James B. Games Mary E. Fix Gregory Hopkins John Foschio James J. Kaney Kathryn M. Gould Terrance O. Lewis Mary Lou Hooper Raymond K. McGurn Linnie Jorden Margaret M. O'Rourke Kevin M. KelIey Karen M-. McKeague Joyce Kuc Sandra J. Matzler Linda L. Lewis Francisco Perez Rosemarie LoTempio Eugene A. Pinkard Vincent J. Lovallo Justyne Rakoczynski John J. Lynch Catherine Roberts Kaaren L. Lynch Catherine N. Sexton Carol A. Mahiques Mark H. Skiercznnski Susan M. Malesky Alan P. Tober Bryant K. McCoy William Sheehan, Jr. Charles L. Michaux III Brian M. Higgins William M. Nowak Barbara A. Lewis Richard F. Okoniewski Veronica K. Lockwood Corine L. Parks Donald R. Lee Valaine Perez Yvette M. Lucas Carl A. Perla, Jr. James B. Milroy James W. Pitts Roberta Cates Sandra McGowan Stanley H. Cieslar Charles E. McGriff Anna Salas Mary T. Hoefler TOTAL: 92 ADOPTED. No. 137 BY: MR. ZUCHLEWSKI Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Louis N. Blatt Ronald G. Brophy Jennie D'Angelo Anne DeGeorge Anne G. Fiansburg Luann M. Goettel Carole R. Grensuer Eugene N. Grzechowiak Carolyn C. Kaiser Constance V. McMillan Charles A. Mecca Catherine A. Napier Susan Nowak Lisa M. Palesh Daniel Sansanese Sophie P. Sausner Grace K. Tennant Diane T. Towkacz Kimberly A. Ziomkowski TOTAL: 19 ADOPTED. No. 138 BY: MR. ZUCHLEWSKI FELICITATIONS AND/OR IN MEMORIAMS Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for 100th Anniversary Immanuel Lutheran Church By Councilmember Bakos Felicitation for St. John Kanty Centennial By Councilmember Franczyk Felicitation for John J. Trigilio By Councilmember LoTempio and the City Clerk is hereby directed to have the above resolutions framed at a cost not to exceed Seven Dollars and Fifty Cents ($7.50) each. ADOPTED. No. 139 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, NOV 17, 1992 9:30 AN FINANCE Tuesday, NOV 17, 1992 Immediately Following Civil Service LEGISLATION Tuesday, NOV 17, 1992 2:00 PM ECON. DEV. Wed., NOV 18, 1992, 10:00 PM-Rm 1417 ANCILLARY COMMITTEES Public Hearing/Allentown Monday, Nov 16, 1992, 7:00 PM Public Hearing/CATV Tuesday Nov 17, 1992 7:30 PM Public Hearing/CATV Thursday Nov 19, 1992 7:30 PM No. 140 On motion by Mr. Fahey, Seconded by Mr. Pitts, the Council adjourned at 3:30 P.M. Charles L. Michaux, III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.