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HomeMy WebLinkAbout92-1208 1No. 23 Common Council Proceedings of the City of Buffalo Regular Meeting, December 8, 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, December 8, 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, Perla, Pitts, and Zuchlewski - 12. ABSENT - LoTempio- 1. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held on November 24 1992, and the Special Session held on December 3, 1992, were approved FROM THE MAYOR No. 1 Designation of member of City Records Advisory Board Pursuant to the powers vested in me by Section 6-51 of Article IX of Chapter 6 of the Code of the City of Buffalo, as amended, I hereby designate David H. More, residing at 443 Linwood Avenue, Buffalo - 14209, to serve as a member of the City Records Advisory Board. I hereby certify that David H. More is fully qualified to serve as a member of the City Records Advisory Board. RECEIVED AND FILED. No. 2 Reappointment of members of Board of Consumer Electronics Pursuant to the powers vested in me by Section 444-2 of the Buffalo Code, as amended, I hereby reappoint, subject to confirmation by Your Honorable Body, the below listed persons as members of the Board of Consumer Electronics: EXPIRATION DATE Dennis McKowan 8/21/94 500 Hinman Avenue Buffalo, 14216 Solomon Thomas 8/21/95 781 Parkside Avenue Buffalo, 14216 I hereby certify that the above listed persons are fully qualified for reappointment to the Board of Consumer Electronics. REFERRED TO THE COMMITTEE ON LEGISLATION. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- ARTHUR, COPPOLA- 2. No. 3 Anti-Crime Local Initiatives Your Honorable Body's assistance is respectfully requested in undertaking local initiatives to address the disturbing and shocking changes we are seeing in crime in Buffalo. First, I have had the Law Department prepare the attached proposed ordinance imposing a seven-day waiting period on anyone legally purchasing a rifle or shotgun in the City of Buffalo. The intent of this ordinance is to deter the use of rifles and shotguns in impulse-type crimes. Perhaps our adoption of such an ordinance will spur neighboring communities or the County of Erie to pass similar legislation. While it is up to the state and federal governments to take the major initiatives to reduce the number of illegal weapons on the street, I have directed the Police Commissioner and Corporation Counsel to devise and implement a local gun amnesty program as a first step in achieving that goal. As the Council noted in a resolution earlier this year, drug forfeiture funds may be useful to this end though I have solicited private contributions as well. Next, I ask that you memorialize the State Legislature of your support for restoring the death penalty for pre-meditated murder. Lastly, and perhaps most importantly, your approval of a reduction in the 44 police officer minimum requirement for each station house is absolutely needed for the police to effectively respond to the changing face of crime in Buffalo. The 1987 Charter Amendment establishing that minimum specifically allows the Common Council to establish lower requirements. The Corporation Counsel has advised me that such lower requirements can be enacted by resolution. Two alternative approaches are suggested: 1. Reduce the minimum requirement to 34 officers; or 2. Permit the Commissioner of Police to establish minimum staffing levels for a 12-month trial period. Your immediate attention to these pressing matters is appreciated. The Commissioner of Police, Commissioner of Administration and Finance and the Corporation Counsel are available to answer any questions you may have on these critically important issues. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 E.C.I.D.A. - Request to place an Illuminated pole sign at 266 Broadway Item No. 79, C.C.P., November 24, 1992 The City Planning Board at its regular meeting held Tuesday, December 1, 1992, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an illuminated accessory pole sign with a sign face measuring 8 feet by 10 feet, or 80 square feet in area. The overall height of the sign will be 17 feet 10 inches. The sign will be located in a CM Zone which permits such uses. Under S.E.Q.R., the proposed sign may be considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 5 St. Pauls United Church-request to place a ground sign and wall sign at 41 Indian Church Road. Item No. 77, C.C.P., November 24, 1992. The City Planning Board at its regular meeting held Tuesday, December 1, 1992, considered the above request pursuant to sections 511-12, K2 and 387-19 of the Buffalo Code, Regulations of the R2 Zone and Review of Ground Signs. The applicant seeks to erect a 4 foot by 8 foot (32 square loot) illuminated ground sign which will be 6 feet in overall height and a non illuminated wall sign measuring 2 feet by 10 feet or 20 square feet. The signs will be accessory to an existing church. The site is located in an R2 zone which does not permit signs of this nature. Consequently, the applicant is seeking permission from the Zoning Board of Appeals for the sign at its meeting of December 16, 1992. Under S.E.Q.R., the signs may be considered a Type II action which does not require further environmental review. The Planning Board voted no objection to the signs, since they are accessory to a permitted use and further recommends that Your Honorable Body approve the signs contingent on their approval by the Zoning Board of Appeals. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 6 B. Caudle - Request to erect an Illuminated pole sign at 572 S. Division E (corner Jefferson) Item No. 78, C.C.P., November 24, 1992 The City Planning Board at its regular meeting held Tuesday, December 1, 1992, considered the above request pursuant to section 387-19 of the Buffalo, Review of Pole Signs. The applicant seeks to place an illuminated accessory pole sign with a sign face area of 333 square feet and an overall height of 18 feet. The sign will be placed entirely on private property. The sign will be located in a CM zone which permits such signs. Under S.E.Q.R., the proposed sign may be considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 LaSalle Revitalization Area Site Designation Boundary Extension. The City Planning Board at its regular meeting held Tuesday, December 1, 1992, considered a site designation boundary extension and conducted a public hearing for the LaSalle Revitalization Area Project, pursuant to Section 505 of the General Municipal Law. The public hearing dealt with extending the site designation boundaries of the LaSalle Revitalization Area to include an additional 51+/- acres of private and public parcels of land. The City Planning Board conducted a public hearing for the proposed site designation boundary extension. Opponents and proponents were invited to speak. No opposition to the proposed development was heard. After deliberation, the Board voted its unqualified approval for the site designation boundary extension and notes that under S.E.Q.R., it is considered an unlisted action which may be studied through uncoordinated review. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE BOARD OF PARKING No. 8 Convert Rapp Lots for Housing [Item # 157, C.C.P. November 24, 1992 The Board of Parking is in agreement with and supports the conversion of 400 Prospect and 293 Vermont from Rapp parking lots to sites for two new houses. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 9 Buffalo Pest Management Board Appointment Pursuant to the powers vested in the Environmental Management Commission by the Buffalo City Code, Chapter 6, Article VII, the Commission has directed me to forward to your Honorable Body its appointment of Andrea Schillaci to the Buffalo Pest Management Board. Ms. Schillaci replaces Roxanne McCoy, who has resigned from the Board. Ms. Schillaci is a resident of the City of Buffalo and will bring outstanding qualifications to her service with the Board. Currently an Assistant Attorney General with the New York State Attorney General's Office, Environmental Protection Bureau, she has career experience in the United States Securities and Exchange Commission, the Kings County District Attorney's Office, and the United States Department of Justice. Her educational preparation includes a Juris Doctorate from the State University of New York at Buffalo and a Bachelor of Arts, Magna Cum Laude, from Boston University. It is the view of the Commission that Ms. Schillaci will make an import ant contribution to the activities of the Pest Management Board. The Commission is gratified that she has agreed to serve. RECEIVED AND FILED. FROM THE ADVOCACY OFFICE FOR PERSONS WITH DISABILITIES No. 10 Favors Audio Inductive Loop The Mayor's Advisory Committee for Persons With Disabilities with input from persons with hearing impairments recommends the installation of an Audio Inductive Loop for the Common Council Chambers. We are available to discuss our recommendation to you at your convenience. This assistive listening device is one of the requirements under Title II of the Americans With Disabilities Act of 1990 and would appreciate a timely response on this issue. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY CLERK. FROM THE COMPTROLLER No. 11 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS RESERVED FUND BALANCE DIVISION OF ENGINEERING We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $50,000 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Division of Engineering to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below:. DATED: Buffalo, New York, December 3, 1992 RECEIVED AND FILED. No. 12 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 $231.00 be transferred and reappropriated from he 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, November 24, 1992 RECEIVED AND FILED. No. 13 Comptroller s Appointment Citizens Funding Review Committee Please be advised that l am making the following appointment to the Citizens Funding Review Committee. This appointment will replace Angela Filippone whose current term expires June 30, 1994. Kathleen R. Mecca 763 Seventh Street Buffalo, New York 14213 Term Expires: 6/30/94 RECEIVED AND FILED. No. 14 Interfund Cash Loan - $385,000 Due to changes in the Internal Revenue Code enacted in 1986, I have had to develop new procedures to implement the financing of the Capital Improvements Budget. One of these procedures is an interfund loan from the City General Fund to the City, Board and Enterprise Capital Projects Funds. The interfund loan will then be repaid when Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have two requests for money to finance various projects and we will not reenter the bond market until more projects have requested funding We are requesting that you approve interfund cash loans from the General Fund to the Capital Projects Fund in the amount of $200,000 for the Reconstruction of the Jewett Avenue Bridge and $185,000 for the Acquisition of a building for South District Police Station. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-401-011 BAN/Bond Sale $200,000 100 Gen 200 Cap Proj 200-402-009 BAN/Bond Sale $185,000 Mr. Fahey moved: That the communication from the Comptroller, dated December 1, 1992, be received and filed; and That the Comptroller be and he hereby, is authorized to make interfund cash loans from General Fund to the Capital Projects Fund in the amount of $200,000 for the Reconstruction of the Jewett Avenue Bridge and $185,000 for the Acquisition of a building for South District Police Station. The loan will be repaid when Bonds or Bond Anticipation Notes are issued. PASSED. AYES- 12 NOES- 0. No. 15 Certificate of Appointment Appointment effective December 7, 1992, in the Department of Audit and Control Division of Data Processing, Bonnie A. Butler, 7 Edith Street, Buffalo 14215 to the position of Data Processing Equipment Operator, Permanent at the Intermediate starting salary of $ 22,601. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 16 Penalties for Late P.I.L.O.T. Agreements This department's policy for imposing penalties for late P.I.L.O.T. payments are dictated solely by the P.I.L.O.T. agreements as written by the Erie County Industrial Development Agency. Some of the early agreements written by E.C.I.D.A. have no provision for imposing late payment penalties by the City of Buffalo. The more recent P.I.L.O.T. agreements written by E.C.I.D.A. all call for the imposition of late payment penalties. Of the total 104 P.I.L.O.T. agreements, 50 are written without clauses for the late payment penalties and 54 are written with clauses for late payment penalties. The 54 Agreements written with the late payment penalty clauses call for the penalties to be levied at same rate as the City's delinquent property tax rate. Before the P.I.L.O.T. Program was transferred to this department from Buffalo Enterprise Development Corporation in 1988, it was basically a manual billing operation. So at that time this department, along with the Accounting Division, changed the billing process to an Accounts Receivable Program under the jurisdiction of the Accounting Division whereby a single payment bill is issued in July and is due and payable before December 31 of every year. This differs from the City's regular property tax billing process where the payment is split into two halves with provision for late payment penalties on each half. Back in 1988 the City did not have the power to levy late payment penalties on the existing agreements, and many owners were aware of this fact, so they took advantage by paying whenever they chose during the current fiscal year or even postponing payment for years. Therefore, this department set a December 31 due date, even though it had no power to enforce it. As a result of setting the December 31st deadline back in 1988, the number of late payments for these agreements has been substantially reduced. At the time, this seemed the best way to keep the payments from being an open ended process for the owners with agreements that had no late payment penalties. Currently, as for the 54 agreements that have late payment penalties, only two or three, per year, do not pay by the December 31 deadline. These two or three late payments per year have not had late payment penalties applied because the Accounts Receivable Program had no provision for applying interest. Since the P.I.L.O.T. agreements are billed through the Accounting Division's accounts receivable program, I propose to contact the Accounting Division and revise the entire P.I.L.O.T. billing process whereby it will be set up the same as the City's property tax billing process. I will propose to the Accounting Division, starting this July 1, 1993, that the P.I.L.O.T. billing program be structured whereby the single payment due December 31 be changed to two billings for all 104 P.I.L.O.T. agreements. The first half bill due and payable by July 31 and the second half due and payable by December 31 with late payment penalties, where applicable per agreement, being applied at the same rate as the City's property tax bill. For the 50 agreements that have no late penalties, the City will be unable to levy a late payment penalty. However, as soon as any of these 50 agreements are late in their payments, a letter will be sent by this department requesting that the E.C.I.D.A. pursue collection for the City of Buffalo. Under all P.I.L.O.T. agreements, the E.C.I.D.A. is empowered to enforce collection of all payments due the City. The above described procedure will be incorporated into this department's regular office business. In the event you may need any further questions answered in this matter, I will be available at your request. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 17 J. Grant - Object to Assessment Figures Item No. 72, C.C.P. 11-10-92 I have read Mr. Grant's letter which was sent to Your Honorable Body on October 16, 1992. Mr. Grant states in his letter that there were instances where six properties on Middlesex between Elmwood Avenue and Amherst Street are listed for sale at prices below the City's 1993-94 tentative assessment values. Mr. Grant also states that three unlisted properties are for sale at less than the 1993-94 tentative assessment values. I have reviewed the latest edition of the Multiple Listing Service book and found twelve properties listed for sale on Middlesex. Of the twelve properties listed for sale, only two properties were listed for sale at prices below their 1993-94 tentative assessed valuations. Therefore, if Mr. Grant is aware of such instances as he describes in his letter, then I would suggest that he and the property owners affected file a complaint to have their assessments reviewed by the Board of Assessment Review between December 15, 1992 and February 15, 1993. This would ensure that each property owner whose 1993-94 tentative assessment exceeds their for sale listing price is given the opportunity to present their listing sale price as evidence of an excessive assessment valuation. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 18 Notification Serial #8268 ONE WAY STREET DIRECTION - 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 (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 ONE WAY STREET Buffalo be supplemented by REPEALING thereto the following: DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Wasmuth Street southbound entire length Notification Serial #8269 ONE WAY STREET DIRECTION 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 ONE WAY STREET Buffalo be supplemented by ADDING thereto the following: DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Wasmuth Street northbound from Walden to Genesee Sts. Notification Serial #8270 NO PARKING ANY TIME In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the NO PARKING ANY TIME following: PUBLIC HIGHWAY LOCATION PROHIBIT PRTN HIGHWAY Wasmuth Street Fran a point 180' north of the west side northwest corner of Wasmuth and Walden extending 260' north therefrom RECEIVED AND FILED. No. 19 Emergency Repair Work - Michigan Avenue Lift Bridge The New York State Department of Transportation has notified the City of Buffalo that they have posted a red structural flag for the Michigan Avenue Lift Bridge due to a 7" crack in the web of the deck span. Therefore, I have declared an emergency situation and will be accepting bids for a consultant engineer and contractor to perform the necessary repair work. In order to expedite this work immediately, we may ask the consultant and contractor performing emergency work on the South Park Lift Bridge to make the necessary repairs. I, therefore, request your Honorable Body's authorization to enter into a contract for this work. Due to the serious condition, your immediate approval for this item is necessary. Funds for this work are available in Bond Fund Accounts #CPF 200-401-075, 200-401-507 and 200-401-021. Mr. Fahey moved: That the communication from the Department of Public Works, dated December 2, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Emergency Repair work to the Michigan Avenue Lift Bridge, with said cost to be available in Bond Fund Accounts #CPF 200-401-075, 200-401-507 and 200-401-021. PASSED. AYES- 12 NOES- 0. No. 20 Report of Bids - Ohio Street Lift Bridge Mechanical & Electrical Rehab. Phase III -Correction Item No. 23, C.C.P. 11/10/92 With reference to the above item, we wish to inform your Honorable Body that the bid price of Ferguson Electric for Alternate #2 was incorrectly reported as $14,350. The correct bid price for Alternate #2 should be $15,350. The total bid for Ferguson Electric of $398,678 is correct as reported. Mr. Fahey moved: That the communication from the Department of Public Works dated November 19, 1992 be received and filed; and That the bid price of Ferguson Electric for alternate #2 (#23, CCP 11/10) incorrectly reported as $14,350 be and hereby is corrected to read $15,350. The total bid remains as reported at $398,678. PASSED. AYES- 12 NOES- 0. No. 21 Change in Contract - Change Orders #3 and #4 and Extension of Time - Louisiana Street Bridge Contract #91656500 Item No. 34, C.C.P. 5/12/92 I hereby submit to your Honorable Body the following "no cost" change orders for the above mentioned project. A. Change Order #3 (no cost) - The following items are included in the original contract and have changed substantially due to structural conditions observed during construction. Additions Item No. Original New Net Unit Total Quantity Quantity Change Price Change 1. Repair of Concrete Deck 582.X 2400 4,660.69 +2260.69 $10 $22,606.90 2. Removal of Top & Binder 02.210 1,062.66 1,162.66 +1,062.66 $ 5 $ 5,313.30 3. Asphalt Concrete Modified Top 04.120 540 624.69 +124.69 $32 $ 3,990.08 TOTAL ADDITIONS $31,910.28 Deletion 582.05X 7 4.55 -2,45 $7,000 $31,910.28 Summary Additions 1,2,3 $31,910.28 Deduction 1 $31,910.28 0.00 Change Order #4 (No Cost) A portion of the Louisiana Street Bridge crosses the New York State Thruway. As stated in our agreement with the Authority, they will reimburse the City for all work performed on this portion of the project. The Thruway Authority has requested further work to be performed on this portion to one of the piers. This work will amount to approximately $59,238.72 with engineering serviced by the consultant not to exceed $5,000. The total of this work will amount to approximately $64,238.72 which will be totally reimbursed to the City from the Thruway Authority. (See attached letter). In addition the contractor has requested an extension of time from November 20, 1992 to January 8, 1993. He was unable to complete the painting due to the damp weather restrictions on the paint. 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. Money for the work to be reimbursed by the Thruway Authority will be made available in the Division of Engineering Bond Fund 200-401-003. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Change In Contract Change order No. 2 - City Contract 91667200 Water Filtration Plant - Zebra Mussel Control Contract. 17G I hereby submit to your Honorable Body the following change order with D.A. Elia Construction Corporation for work relating to General Construction for the Zebra Mussel Control at the Water Filtration Plant, City Contract No. 91667200. Work item No. 15 Lump sum amount for all labor, material and equipment required to remove additional debris at the filtered water conduit. Additional material measured in place is approximately ten cubic yards. Contractor discovered additional debris to be removed that has accumulated at the filtered water conduit since the inspection conducted in the fall of 1991. Increase: $ 7,175.00 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 $ 1,225,125.00 Change Order No. 1 - Increase $ 16,790.00 Change Order No. 2 - Increase $ 7,175.00 CURRENT AMOUNT OF CONTRACT $ 1,249,090.00 Funds in the amount of $7,175.00 are available in the Division of Water's 415-980-077 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Southeast Corner Washington and Carlton Streets; Encroachments Into Right Of Way. Mr. Dennis Penman of M. J. Peterson, owner of the property located at the southeast corner of Washington and Carlton Streets, has requested permission to install an eighteen inch high concrete wall, hedges, and a three foot six inch high fence within city right of way at said location. The encroachments are proposed in order to enclose a planned playground on private property on Washington Street. The above mentioned playground will be located adjacent to a child day care center housed within a proposed multi level office building. The encroachments would be installed approximately four feet from the existing public sidewalk and measure thirty feet in length. The Department of Public Works has reviewed Mr. Penman'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 installation of said encroachments provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2. That the concrete wall, hedges, and fence be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the actual play area be located entirely on private property. 4. That the proposed encroachments project no more than five feet into city right of way nor exceed thirty feet in length. 5. That the applicant supply the Department of Public Works with a five thousand dollar construction in street bond or certificate of insurance 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 the above mentioned encroachments. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 24 Water Taste And Odor No. 133, C.C.P., November 10, 1992 The cause for tastes and odors in our drinking water is decaying vegetation and the infestation of zebra mussels in Lake Erie over the past several years. The zebra mussels act as a filter in the Lake removing matter and causing more light to penetrate the water which in turn increases the amount of algae growth. The Division of Water has engaged two different consultants to address this problem and is about a month away from completing a chemical pre-treatment facility which will add chlorine and potassium permanganate (which controls taste and odor) at the Raw Water intake. In addition, we are rehabilitating all of our filters and installing flocculation capacity (an effective coagulation system which will cut down on the use of chemicals and improve filtration). We feel that in the short term, the pre-treatment should address the taste and odors and with the completion of these other projects this problem should not re-occur. The drinking water is not harmful in any way and there are no adverse health effects associated with the taste and odor problem. RECEIVED AND FILED. No. 25 Certificate of Appointment Appointment effective December 1, 1992 in the Department of Public Works, Division of Buildings, Burke M. Glaser, 153 Aldrich Place, Buffalo 14220, to the position of Senior Engineer (Structural), provisional at the starting salary of $38,089. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 26 Intent to Continue with Police Reorganization I am writing this letter to confirm that it is my intent to continue with the police reorganization project that has begun in the South District. As you are aware, almost two (2) years ago, the City of Buffalo received a reorganizational report from the IACP entitled, "Policing In the Nineties." As a result of this report, the Police Reorganization Commission was formed to review the IACP report and reduce the two hundred plus (200+) recommendations down to a workable document. As you know, this Commission worked over nine (9) months and in December 1991, their report on police reorganization was issued. It was from this report that Councilmember Higgins stepped forward with the South District Demonstration Project. This plan proposed the creation of the South District through the consolidation of Precincts 7, 9 and 15. As it was stated previously by the former Police Commissioner, it was this courageous act which finally got police reorganization off the drawing board, and I too, would like to commend him for his vision and faith in this Department. In addition, I would like to add my thanks to Councilmember Franczyk for his role in supporting the South District's Plan. I would like to commend Councilmember-At-Large Fahey for his commitment and his conscientious efforts on behalf of this police reorganization project as well as the remainder of the Council that have supported these efforts. In his letter to the Council in May, 1992, former Commissioner Degenhart addressed the major components that will be involved with the implementation of the South District and it is also my intention to comply with the terms and conditions that were previously agreed to. However, with regard to personnel, if there is a reduction in manpower, based upon whatever is in store for the Police Department within the City's budget for the upcoming fiscal year, that its effect on the South District will be proportionate with the rest of the City's precincts. I am anxious to continue the preparations that are taking place for the renovation of the physical plant, located at 1839 South Park, but unfortunately I cannot expedite the construction timetable. According to my latest information from the Division for Buildings, it will not be available for occupancy until October, 1993. It is also my intention that when the physical plant is ready, we will hold an open house and invite not only citizens from the South District, but from other areas of the City as well, to introduce police reorganization. This will be discussed at length with Councilmember Higgins closer to our anticipated October 1993 implementation date. I am also planning to assign staff to ensure that all of the necessary equipment is ordered and all of the other details are worked out so that the transition for our first attempt at police reorganization, in the South District, will be a smooth one. While working on this plan, there were lengthy discussions concerning what evaluation process should be used to measure the effectiveness of reorganization. While the precise method of evaluation still must be determined, one thing that has been agreed upon are that monthly meetings between the reorganization committee and the South District command structure will be necessary to insure that the stated objectives are being carried out. The Department will be forced to demonstrate the effectiveness of police reorganization, and the Council's mandate will be to insure we are delivering what was promised. The Council will have the ultimate decision on whether reorganization will be continued in the South District as well as started in other districts. I am confident that this will become a reality and not merely a stated objective. I would like to advise you that unfortunately due to the budget process and the condition of some of the other police structures, I am compelled at this point to begin at least looking into future buildings and/or sites for other police reorganization districts. I can assure you that we fully realize that this does not assume that we will be given the authority to act before we implement the South District plan. However, I would be remiss if I did not at least research possible sites and acquisitions for the future, and identify capital project funds that will be required for reorganization within the next three (3) to five (5) years. This would just push the reorganization concept further and further into the future. I can also assure you that I do not plan to go beyond preliminary research and discussions on any other district plan and that these initial inquiries will not interfere with the objectives and tasks that are currently at hand, and that is the effectuation of the South District. Also with regard to this project, we are looking for the police union's cooperation and support as there will be significant advantages to our plan for reorganization. I am hoping that we have a shift change and agreement in place with the PBA before the completion of the South District's reorganization plan, however, if a new collective bargaining agreement is not in place, I still intend to introduce police reorganization within the confines of the PBA contract. While a tremendous amount of work has already gone into this project, and we now have the Council's approval to act, we have an even greater task ahead of us, and that is to insure that the project succeeds. The City's commitment to providing a first-rate facility will be an attraction for securing qualified officers to work in this district. We are looking forward to achieving this goal in the South District and I advocate the Council's continued support as we work together toward accomplishing this dynamic undertaking. I thank you for your interest and faith in the Buffalo Police Department. RECEIVED AND FILED. FROM THE COMMISSIONER OF FIRE No. 27 Certificate Of Appointment Appointment effective Dec. 7, 1992 in the Department of Fire, William M. Sniderhan, Sr., 18 Junior, Buffalo, New York 14210 to the position of Motor Equipment Mechanic, Permanent at the starting salary of $25,170. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 28 Peter F. Comerford Assistant Corporation Counsel Item No. 28, C.C.P. 10/27/92 Pursuant to my conversation with Civil Service Committee Chairman Pitts, attached please find a supplemental affidavit attesting to Peter Comerford's permanent residency in the City. I request that you discharge the item concerning Mr. Comerford from committee on the basis of this affidavit and approve it. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 29 Eliminate Parks Department Item No. 156, C.C.P., 11/24/92 Please be advised that any local law or laws eliminating the Parks Department and making it a part of another department would be subject to mandatory referendum under section 23 (2)(f) of the Municipal Home Rule Law. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 30 Ethics Board Item No. 112, C.C.P., 11/24/92 The amendment you requested is being drafted and will be submitted in the near future. RECEIVED AND FILED. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 31 Amendment to Original Urban Renewal Site Designation for LaSalle Revitalization Area (Urban Renewal) (February 17, 1987, Item No. 189) On February 17, 1987, the Common Council approved the Site Designation for what is known as the "LaSalle Revitalization Area", (see attached map). This area is mainly composed of vacant and/or underutilized land and has always been recognized as having tremendous potential for large-scale development. The Site Designation is the first step in the urban renewal process as required under Subdivision 3 of Section 502 of Article 15 of the General Municipal Law. The next step is the preparation and approval of an urban renewal plan for the area. A draft of the urban renewal plan was prepared but never submitted for final approval due to concerns associated with potential environmental problems at various locations on the site and the high cost of property acquisition and relocation. These concerns have been addressed and we are now ready to proceed with the preparation of the plan. However, since the time of the initial site designation, the Department of Community Development, along with Councilmember Amos, have reassessed the plan area and determined that the site designation boundaries should be broadened to include several other public and private parcels that would benefit from urban renewal treatment. The City Planning Board gave its unqualified approval to the boundary changes at its December 1, 1992 meeting. A recommendation from- the Planning Board is a prerequisite to Common Council action. Upon receiving the recommendation of the City Planning Board, it is respectfully requested that your Honorable Body act on the proposed amendment of the Plan by conducting a public hearing and adopting an appropriate resolution. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 32 Preliminary Draft for Public Review City of Buffalo Comprehensive Housing Affordability Strategy (CHAS) coals For FY: 1993 And Annual Report For FY: 1992 Attached is the initial draft of the City's CHAS. The public review and input sections will be drafted after December 25, 1992. This CHAS will become the blue print for the City housing strategy over the Fiscal year 1993. The public can influence definition of the City's role and type of programs offered to the citizenry through the public review process: Notice is hereby given pursuant to the requirements established by the United States Department of Housing and Urban Development (HUD) in accordance with a mandate of the National Affordable Housing Act of 1990 announcing that public review of the City of Buffalo's Comprehensive Housing Affordability Strategy (CHAS) will commence on November 25, 1992 and end December 25, 1992. The one year plan and 1992 report may be examined in Room 901 City Hall weekdays between 9 a.m. and 4 p.m. A public hearing is scheduled for Wednesday, December 9, 1992 at 4:30 P.M. in room 901 City Hall for the purpose of public comment. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 33 Request for Proposal Concessionaires Rotary Rink In May of 1992 the Department of Community Development solicited a Request for Proposal for a Concessionaire to manage and operate the Rotary Rink facility and ancillary service building. The Department solicited the interest of approximately thirty (30) firms and individuals. However, only one response was received from First Rink, incorporated, whose principals are Fred and Jan Rzemek. Fred Rzemek has an extensive background in historic preservation, building renovations and is a business entrepreneur operating Goody's Restaurant on Allen Street. His wife Jan is currently a professional figure skater and teaching professional. Negotiations between the Department of Community Development, Corporation Counsel's Office and First Rink, Inc., are continuing. It is anticipated a proposed lease agreement will be final before the December 8, 1992 meeting of the Council. It is requested the proposed lease be accepted as an amendment and referred to the Economic Development Committee. With the skating season now upon us, we would appreciate your earliest approval of this Item; so that First Rink, Incorporated can take over the operation of the facility immediately. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL. No. 34 New Board-up Policy for Vacant Buildings C.C.P. # 146, November 24, 1992 The board-up policy memorandum of September 2, 1992 referenced in C.C.P. # 146, November 24, 1992 is not a "new policy but rather a formalization of what the Department of Community Development's board-up policy is and has been. The only change in policy is that city-owned properties requiring board-ups are now referred to the City Real Estate Division whose board-up crew seals the structure. The Department of Community Development has always required that requests for board-ups of abandoned properties be formally generated by an inspector from the Department of Inspections and Community Revitalization. Upon determination that the property is not city-owned, the Clean and Seal crew immediately visits the site to ascertain what materials will be necessary to board-up the structure and then proceeds with the board-up. The intent of the Clean and Seal program was always to solely deal with abandoned "residential" properties. On some occasions, in the past, however, exceptions were made to accommodate mixed-use structures. As far as abandoned commercial facilities are concerned, the Clean and Seal crew has neither the manpower, equipment or financial capacity to undertake the sealing of these larger structures. In summation, we do not believe that the aforementioned board-up policy has in fact caused "an unacceptable increase in the amount of time that passes before vacant and open houses are boarded". REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 35 Backyard Composting Follow-Up Item # 164, C.C.P., Nov. 24, 1992 The purchase of backyard composting units for distribution by the City is clearly an ineligible activity under the statutes and regulations governing the use of Community Development Block Grant funds. In order for an activity to be funded under the CDBG program it must meet all of the following criteria: 1) Be included within the listing of eligible activities in the CDBG regulations, as modified by statutory amendments. 2) Determine if the proposed activity meets one of the national objectives of the program; i.e. does the activity principally benefit low/moderate income individuals or does it aid in the prevention or elimination of slums or blight. 3) Determine if the activity is included in the Final Statement of Objectives and Projected Use of Funds and is consistent with the current three-year Community Development Plan. The proposed activity does not meet any of the above criteria and as a result is not eligible for funding under the CDBG program. RECEIVED AND FILED. FROM THE COMMISSIONER OF STREETS No. 36 Certificate of Appointment Appointment to become effective December 1, 1992 in the Department of Street Sanitation, to the position of Truckdriver, Temporary, at the starting salary of $22,815. Frederick Napierala, 48 W. Maplemere, Williamsville, NY 14221 Matthew J. Rainero, 78 Rebecca Park, Buffalo, N.Y. 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 37 CAIC Seeking Designation as Developer # 70 C.C.P. 11/10/92 Please be advised that there are two ways to dispose of surplus city-owned properties: 1. City Real Estate - The Common Council can declare the property as surplus and authorize the direct sale of the property under the standards of the City Charter and Ordinances. This involves an appraisal process to determine the price. *Note: Please confirm the above through Mr. John Hannon, Director of Real Estate. 2. Buffalo Urban Renewal Agency (BURA) - a. The Common Council may authorize the property to be transferred to BURA for solicitation of proposals. b. A request for proposals must be issued for potentially eligible re-developers to submit competitive requests for evaluation and recommendation to BURA. c. Price is determined competitively in this process and will be based upon the proposed use, overall proposal content, population served and other competitive factors. Please consider the above and advise my office which procedure would be preferable to the Common Council and to C.A.I.C. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMPTROLLER. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 38 "Cost for Temporary Board of Assessment Review" I am forwarding the attached letter from Commissioner Tanzella to illustrate the problems caused when Your Honorable Body takes contrasting positions on the same topic. The specific case referenced by Commissioner Tanzella shows that the Common Council deleted the $18,300 from the Mayor's recommended budget that was intended to cover the cost of employing a temporary Board of Assessment Review to assist with the anticipated extra work related to the city-wide Assessment Update. Yet after deleting the funding for this purchase, Your Honorable Body appointed four temporary Board of Assessment Review members leading Commissioner Tanzella to submit a request to the Budget Director for the City to "find the $18,800 that will be necessary to pay for the additional temporary Board members." The Assessment Department currently isn't even meeting its 1% attrition requirement so the extra $18,000 is not readily available within its budget. I agree with Commissioner Tanzella's need for the temporary review board so I will suggest funds be reallocated from the department's salary line. This will have an adverse impact on the department's ability to fill jobs that become vacant for the remainder of the year. I'm sure Commissioner Tanzella feels a need to fill the two clerical positions in his office that became vacant when two employees chose to participate in the retirement incentive program but he can't spend the same money for new hires and for the temporary review board. The point is obvious. If you want to provide a service or program (such as the temporary Assessment Review Board) and not incur a city deficit, funding appropriated for the program must be left in place. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 39 Permission to contract for Worker's Compensation Claims Adjustment services Permission is requested for the Division of Labor Relations to enter into contract for Worker's Compensation Claims Adjustment Services. The former contract expired on June 30,1992, and the contractor, FCS Administrator's Inc., has been kept on a month -to- month basis. In October, an R.F.P. was published requesting proposals from 6 firms. Two responses were received. One, from Allied Claims, was for $6,980 per month for an 18 month period. The second, from W.C.S. of N.Y. Inc., was for $7,491.67 per month for the first 12 months and a 6% increase thereafter. The other firms declined to make a proposal, including FCS Administrators, the current contractor. We therefore request permission for the Director of Labor Relations to execute a contract with Allied Claims Services, the low bidder, effective January 1,1993. The City has previously had satisfactory experience with this firm as Worker's Comp. Administrator for many years. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 "Extend Health Care Benefits for Fireboat Personnel" Item # 153, C.C.P. 11-24-92 The second resolve of the above referenced resolution was referred to this office for comment. It is a proposal to extend the health and dental insurance benefits to the former Cotter crew members beyond the December 31, 1992 deadline until such time as all Cotter employment issues are resolved. The current cost of providing these benefits to former employees is approximately $288 per month per employee. In addition to the 5 former Cotter employees receiving these benefits there are an additional 12 former employees receiving these benefits for a total cost of approximately $4,895 per month. It would seem unfair to extend this coverage to some former employees without doing the same for all of them. It becomes a policy question of how much and for how long the City should provide benefits to former employees. At the time the budget was adopted the Council and administration agreed six months was a reasonable severance benefit. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 "Amana Capital Corp. - Assist in Collection of Past Due Accounts Item # 66, C.C.P. 11-24-92 Before any decision is made on the utilization of an outside collection agency in assisting the Division of Parking Enforcement in its collection efforts, we should: 1. wait for the recommendations of the Buffalo Financial Plan Commission, 2. thoroughly explore the feasibility of consolidating and centralizing all City of Buffalo collection efforts. Loren Ramunno, who has been paid by the Comptroller for the last year and a half under a consultant contract, is supposed to be preparing a full report of current collection activities throughout City Hall including proposed modifications, and 3. additionally explore the possibility of adding personnel to the staff of Parking Enforcement for the sole purpose of collections. This would allow us to internally do what an outside collection agency would charge us at least a 25% commission for doing. Resorting to an outside collection agency should be a last resort. If we eventually do intend to contract with an outside agency, we should turn over only those accounts which can't be collected through internal efforts. It should be noted that the Division of Parking Enforcement is currently attempting to work with TRW in an effort to identify the places of employment of those people who owe the City fines and penalties related to unpaid parking tickets. If this can be accomplished, we will be able to initiate the process for garnisheeing the wages of these people. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 "L. Hood - Request City to Waive Parking Restrictions - NFTA Employees" Item # 71, C.C.P. 11-24-92 The above referenced communication is a request for Parking Violations Bureau to give NFTA Metro employees privileged parking in the vicinity of Main St. and Michigan Ave. because of parking problems related to the construction of a new terminal to replace the Cold Springs Station garage. The Division of Parking Enforcement has no choice but to enforce the parking regulations, recommended by the Department of Public Works, and approved by the Common Council. This request should be referred to Public Works so that the traffic engineering division can make a determination as to whether or not parking regulations should be temporarily changed for the duration of the construction period. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY. No. 43 "Fiscal/Management Reforms" Resolution # 131, C.C.P. 11-24-92 The above resolution requests the Commissioner of Administration and Finance and the Director of the Budget to outline their views on some proposed fiscal/management reforms. Since we share similar views on these proposals we are submitting this joint response. The resolution suggests three reforms: (1) the establishment of an Audit Advisory Committee, (2) requirements for the Comptroller to file certain financial statements; and (3) a requirement for the Budget Division to file year-end forecasted financial statements on a quarterly basis. We support each of these proposals. 1) Audit Advisory Committee The proposal is to require the Comptroller to issue a Request For Proposals (RFP) from outside auditors at a minimum of once every three years and have the responses reviewed by a non-binding, advisory Audit Committee. The members of the Audit Committee shall be three individuals, one each nominated by the governing boards of the Erie County Bar, the WNY American Institute of Certified Public Accountants (AICPA) and the Bank Administrative Institute (BAI). This would encourage competitiveness and provide an objective evaluation of the proposals. We have been advised that the City of Rochester requires a change of outside auditors at least every three years. This proposal does not require a change of auditors, only the opportunity to receive competitive proposals. 2) Comptroller Financial Reporting This would require the Comptroller to submit to the Council within 120 days of the fiscal year end not only the annual report of the City (which still has not been submitted 155 days after the close of the 1991-92 fiscal year) but also any management letters prepared by the City's auditing firm. In an interim report, the Buffalo Financial Plan Commission noted that the Comptroller does not file the management letters with the Council because he concurs with the independent auditors that this document is an internal management tool containing comments specifically directed to management and not the general public, and is not meant to be circulated. It is our opinion that the Common Council and the Mayor are management and therefore should receive copies of these management letters. We also agree with the portion of this proposal that would require the Comptroller to file quarterly year to date financial statements within 45 days of the end of the quarter in the same format as the year-end report. 3) Budget Division Forecasts This proposal would require the Budget office to file year-end forecasted financial statements on a quarterly basis, within 15 days following the Comptroller's quarterly filing and based on the information in that filing. We have demonstrated our concurrence with this proposal by filing such a report on October 21, 1992 with Your Honorable Body for the first quarter of the 1992-93 fiscal year. It is our belief that such reports can be used as a basis for discussion and development of plans to deal with projected problems. However the report that was filed with Your Honorable Body that projected a current year deficit of $2.5 million and a 1993-94 budget gap of nearly $24 million was received and filed without comment by either the Finance Committee or the full Common Council. If the Budget office is to continue to file these quarterly reports it is essential that the Comptroller submit his year to date reports as proposed on a timely basis. It is our hope, as Council President Arthur suggested in his resolution, that giving the Common Council access to important financial information will improve the operation of City government. We do not believe implementing these proposals should require any additional manpower or result in any increased costs to the City other than perhaps some printing and maybe data processing expenses. Please advise us if we can be of any assistance in implementing these proposals. RECEIVED AND FILED No. 44 "Ordinance Amendment Ch 479-Meter Parking (30 min)" "Ordinance Amendment Ch 479-Meter Parking (60 min)" Item # 166, C.C.P. 11-24-92 Item # 167, C.C.P. 11-24-92 The above referenced items have been referred to this office for an estimate of the projected loss of revenue if the parking meters were re-calibrated as proposed. Item # 166 proposes to change the meter rates from $.50/hour to $.25/ 1/2 hour and Item # 167 to $.25/hour. Experience has shown that total revenues do not vary much if the price for the minimum amount of time does not change. In other words, even though the cost under Item # 166 is still $.50/hour ($.25/ 1/2 hour), there would be a substantial loss of revenue from allowing the time to be purchased in 1/2 hour increments $.25. In 1986-87, when rates were increased from $.10/hour to $.25/hour but still allowed for the purchase of 12 minute increments $.05, total revenues increased by only $40,101 or 13% even though the hourly rate increased by 150%. However, in 1989-90 when the $.25 hourly rate was not changed, but the minimum time increments was increased from 12 minutes to 60 minutes and the meters no longer accepted nickels and dimes, total revenue increased by $293,679 or 95% from the $.10/hour rate. In effect, there would not be much difference in revenue if rates are $.25/hour or $.25/ 1/2 hour. The 1992-93 parking meter revenue estimate of $1,160,000 was based on the rate of $.50/hour with minimum increments of 1 hour. This was an increase of $500,000 from the 1991-92 projected revenue of $660,000. This department estimates that approval of either of these resolutions will cost the City approximately $500,000 in revenues per year. In addition the cost of converting meters to a different rate has been estimated at $61,000. As I suggested in my earlier communication on this topic we should be working together to narrow the City's projected budget gaps. This legislation would only widen them. REFERRED TO THE COMMITTEE ON LEGISLATION No. 45 "Identify/Direct Housing Fines to Inspections & Community Revitalization" Item # 130, C.C.P. 11-10-92 The above referenced item has been referred to this department for a report on the account number and the amount of funds received by the City from Housing Court. The resolution suggests that by identifying and reporting all revenue 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 services. This assumption may have been true if the fines were a new source of revenue that had not been anticipated in the adopted budget and if the receipt of these unanticipated fine revenues were to produce an overall projected surplus for the general fund. This unfortunately is not the case. The fines levied by housing court are included as an estimated revenue in the general fund under revenue account number 100-406-81-0-61132 Court Fines. They are part of the $101,500 estimated as Court Revenues on page 16 of the adopted budget. Receipts for the first five months of this year are $19,639 higher than last year lending to a projection that the account many have approximately $47,000 of revenues in excess of budget by year end. News reports have indicated that even greater fines have been levied but apparently many of them are not being paid. Based on the amount of projected budget variance in comparison to the overall general fund projected deficit of $2.5 million, it would certainly be premature to transfer any excess fine money to the Department of Inspections and Community Revitalization to hire additional employees. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 46 Certificate of Appointment Appointment to become effective December 1, 1992 in the Department of Human Resources, Division of Substance Abuse Services, Kelli L. O'Grady, 899 Prospect Ave., Buffalo 14213, to the Position of Senior Counselor, Permanent, at the starting salary of $25,215.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 47 Certificate of Appointment Appointment to become effective December 1, 1992 in the Department of Human Resources, Division of Substance Abuse Services, Barbara Carson, 93 Prospect Ave., Buffalo 14201, to the position of Senior Substance Abuse Specialist, Permanent, at the starting salary of $26,188. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 48 Certificate of Appointment Appointment to become effective: December 1, 1992 in the Department of Human Resources, Division of Substance Abuse Services, Jerome Puma, 78 Brinton St., Buffalo 14214, to the position of Director of Counseling, Permanent, at the starting salary of $33,300.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 49 Appt. City Engineer Item # 20, CCP 11/10/92 At a meeting held on November 18, 1992 the Commission considered a communication dated November 10, 1992 from Ana Salas, Legislative Assistant, on behalf of the Civil Service Committee, requesting a response relative to the above-referenced item. The Commission hereby requests a more specific inquiry. Upon receipt of the same, the Commission will forward a response. RECEIVED AND FILED. No. 50 Appt. Assoc. Acct. - Biondi Appt. Sr. Auditor (No. 57, C.C.P. Oct. 27, 1992) (No. 60, C.C.P. Oct. 27, 1992) In response to your communication of November 17, 1992 relative to the above items, please be advised of the following: The salary range for the position of Associate Accountant Is $28,434 -$33,262. In regard to the second item, Ms. Wozniak's permanent title is Assistant Auditor to which she was promoted in March 1990. Subsequently, she received a temporary appointment to the position of Accountant in June 1991. Her salary as an Assistant Auditor was $23,756, her salary as an Accountant was $27,883. I trust this will answer your inquiry. If you have any further questions on this matter, please contact this office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 51 Appt. Assoc. Acct. Clerk (Com. #13, C.C.P. Oct. 27, 1992) Appt. Assoc. Acct. - Whitcomb" (No. 49, C.C.P. Oct. 27, 1992) Appt. Jr. Acct. Typist (No. 54, C.C.P. Oct. 27, 1992) Appt. Assoc. Auditor (No. 59, C.C.P. Oct. 27, 1992) In response to your communication of November 17, 1992 relative to the above items, please be advised of the following: Janet Kniazuk received a Contingent Permanent appointment to the position of Associate Account Clerk on 9/24/90 from the promotional list for this position which was adopted on October 1, 1986. When the eligible list expired on October 1, 1990, Ms. Kniazuk was still holding a Contingent Permanent position due to the leave of absence of A. Vertino. Therefore, in accordance with Civil Service policy, she was placed on a contingent permanent list. Upon the resignation of Ann Vertino, Ms. Kniazuk was certified from the contingent permanent list to fill the now permanent vacancy and Ms. Kniazuk was appointed effective October 15, 1992. The eligible list for Associate Accountant was adopted on February 3, 1988. Mr. Whitcomb's original placement on said eligible list was # 8 and Mr. McSwain's was # 9. However, it should be noted that because this was a promotional list, candidates who are employed within the departments where vacancies occur are given preference in certification. It should be further noted the eligible list for Associate Accountant was deemed appropriate to fill positions of Associate Auditor at the Civil Service Commission meeting held on February 10, 1988. Mr. Whitcomb received a temporary appointment to the position of Associate Accountant on February 29, 1988, a Contingent Permanent appointment on November 17, 1988 and a permanent appointment on January 27, 1992. Mr. McSwain received a temporary appointment on July 1, 1991 and was terminated from said temporary position on July 22, 1991. He later received a Contingent Permanent appointment on January 30, 1992. When the eligible list expired on February 3, 1992, Mr. McSwain was still holding a Contingent Permanent appointment. Therefore, he was placed on a Contingent Permanent list. Upon the occurrence of a permanent vacancy, Mr. McSwain was certified for appointment from the Contingent Permanent list and was appointed effective July 9, 1992. There is currently an eligible list in existence for the position of JUNIOR ACCOUNTANT-TYPIST, however said list contains only one name and is therefore incomplete. It is the discretion of the appointing authority whether to utilize the eligible list or to nominate a candidate for appointment. Ms. Petschke's name does not appear on the current eligible list. Please be advised that copies of all certified eligible lists are forwarded to the Council Staff to the attention of Ms. Sandra McGowan. If our records are incorrect and said certifications should be forwarded elsewhere, kindly notify this office. If you have any further questions on these matters, please contact this office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 52 Notice Of Hearing-Pursuant to Chapter 286, Change Name of Buell Street to "Dignity Circle" (No. 121, C.C.P., November 24, 1992) I hereby inform you that a public hearing has been set before the Common Council at its regular Meeting on December 8, 1992, at 2:00 P.M. in the Council Chambers, in connection with its intention to change the name of Buell Street to "Dignity Circle" and notice of said hearing was properly published in the Buffalo News once a week for two consecutive weeks and copies of said notices are attached hereto. RECEIVED AND FILED. No. 53 Hearing - Item No. 121, C.C.P., November 24, 1992 Change Name Of Buell Street To "Dignity Circle" Mr. Fahey moved that the above Item is properly before the Common Council and the hearing be opened. Appearances - Hon. David A. Collins Constance Eve Mr. Fahey moved that the hearing be closed. Carried. Mr. Fahey moved that after the required hearing by this Common Council, the name of Buell Street be changed to "Dignity Circle" and the City Clerk be and hereby is directed to notify the proper authorities by certified copy as required by the City Ordinance, seconded by Mr. Coppola. PASSED. AYES- 12 NOES- 0. No. 54 Notification of Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these Records in my capacity as City Records Management Officer Human Resources - Information/Central Staff RECEIVED AND FILED. No. 55 Automobile Transportation Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Fire - Lt. John Lydon RECEIVED AND FILED. No. 56 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Margaret Quinn RECEIVED AND FILED. No. 57 Reports of Attendance- Various Boards, Etc. I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Stadium and Auditorium City Planning Board Municipal Housing Authority RECEIVED AND FILED. No. 58 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective December 2, 1992 in the Department of City Clerk, Linda L. Lewis, 47 Niagara St., Buffalo, N.Y. 14207, to the position of Intern V, Seasonal, at the starting salary of $ 7.00/Hr. No. 59 Notices of Appointments I transmit herewith communications received by me, reporting the appointments made in the various departments at the minimum, flat or hourly rate. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective November 25, 1992 in the Department of Stadium, & Auditorium, Division of Memorial Auditorium, Maurice Bell, 36 Dodge, Buffalo, 14209, to the position of Laborer I, Non-Competitive, at the at the starting salary of $ 5.98/hr. Appointment effective December 5, 1992, in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer I at the starting salary of $ 5.98/hr. James C. Laughlin, 111 Southside Pkwy, Buffalo, 14220 William Gorman, 170 Richmond Apt. # 4, Buffalo, 14222 FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective November 25, 1992 in the Department of Public Works, Division of Buildings, John G. Egloff, 51 Dallas Road, Buffalo 14220, to the position of Second Class Stationary Engineer, Temporary, at the starting salary of $ 5.41/hr. Appointment effective November 23, 1992 in the Department of Public Works, Division on Water, Daniel V. Victori, 224 Maurice Street, Buffalo, N.Y. 14210, to the Position of Water Service Worker, Seasonal, at the starting salary of $ 6.02/hr. Appointment effective November 25, 1992 in the Department of Public Works, Division of Buildings, to the position of Senior 1st Class Stationary Engineer, Temporary, at the starting salary of $ 7.05/hr. Wayne R. Becker, 50 Mayer Avenue, Buffalo, 14207 Paul N. Calmes, Sr., 159 Como Avenue, Buffalo 14220 Charles R. Isch, 288 Marilla Street, Buffalo 14220 Michael J. Walker, 97 Parkview Avenue, Buffalo 14210 Appointment effective December 1, 1992 in the Department of Public Works, Division of Buildings, to the position of Senior 1st Class Stationary Engineer, at the starting salary of $7.05. James A. Darner, 19 Koester Street, Buffalo 14220 Thomas A. Evans III, 142 Bloomfield Avenue, Buffalo 14220 James J. Glavey, 46 Whitehall Avenue, Buffalo 14220 FROM THE DEPARTMENT OF PARKS Appointment effective November 30, 1992 in the Department of Parks, Division of Recreation, Jonathan Lalley, 21 Edgewood Ave., Buffalo 14220, to the position of Fee Collector, Seasonal, at the starting salary of $4.75 hr. FROM THE DEPARTMENT OF FIRE Appointment effective December 2, 1992 Department of Fire Gerald Tomassi, 11559 Snyder Road, Springville 14141, to the position of Assistant Fire Alarm Dispatcher, Contingent Permanent, at the starting salary of $ 37,033. FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment effective November 23, 1992 in the Department of Administration and Finance, Division of Parking Enforcement, to the position of Laborer I, Seasonal, at the starting salary of $5.98/hr. Joseph B. Bochenski, 47 Sweet Avenue, Buffalo, NY 14212 Matthew J. Hassett, 168 Arbour Lane, Buffalo, NY 14220 DEPARTMENT OF HUMAN RESOURCES Appointment effective December 1, 1992 in the Department of Human Resources, Division of Substance Abuse Services, Arleen Filipski, 653 Fulton St., Buffalo 14210, to the position of Counselor III, permanent, at the Starting Salary of $21,345.00. Appointment effective December 1, 1992 in the Department of Human Resources, Division of Substance Abuse Services, Patricia Zimmerman, 214 Stockbridge Ave., Buffalo, 14215, to the position of Counselor III, Permanent, at the starting salary of $21,345.00. FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective December 1, 1992 in the Department of General Services, Division of Inventory & Stores, Verley Davis Jr., 35 Antwerp St., Buffalo, 14211, to the position of Laborer II, Seasonal, at the starting salary of $6.65/hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 60 TOWN OF AMHERST Request Reimbursement For Police Costs - World University Games Attached is Resolution adopted by the Amherst Town Board on November 16, 1992. RECEIVED AND FILED. No. 61 DEV-CON ASSOCIATES Resolve Rotary Rink Problems I am writing to express my most serious concern with regards to the operation of the Rotary Rink. As we experienced last year, Thanksgiving Day has passed and Rotary Rink is again not operating. Key Center represents a significant investment for both our company and the City of Buffalo. As you well know, the office market conditions are such that it is difficult to attract new tenants in any case. The lack of activities in Fountain Plaza and the unsightly appearance of an empty rink hinder our marketing efforts and jeopardize greatly the ongoing leasing. We have made a significant capital contribution to Fountain Plaza to encourage the revitalization of downtown. It is an established fact that people will be drawn back to the downtown if suitable amenities - such as the Rotary Rink - are made available. The ice rinks of Toronto City Hall, North York City Hall, or Rockefeller Center have all opened at least one month ago and are enjoying tremendous use. I find it unacceptable and incomprehensible that Buffalo's Rotary Rink remains closed. A year ago, we offered to take over the operation of Fountain Plaza at cost. It was your Departments decision to invite bids from rink operators and we understand that you are still in negotiations with a prospective contractor. We respectfully urge you to arrive at some immediate conclusions and decisions on the opening and operation of Rotary Rink. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 62 ELEANOR. F. HECKMAN Oppose TCI Franchise Renewal TCI has a monopoly in the City of Buffalo. Right? I wish to register a protest vote against TCI's franchise renewal I ask that someone on the Buffalo City Council (I am in the Niagara District) question TCI about the following at the public hearings: 1. why do the subscribers PAY IN ADVANCE for cable service? The utility companies do not do it. 2. why have their rates increased so much in such a short time? Is there to be another hike in rates as soon as their proposed renewal takes place? 3. Are ALL their "newer' stations important enough to carry? For the Common Council to consider: 1. who's in the kitchen watching the amount of profit TCI is making? Is it gouging the citizens of Buffalo? 2. How do TCI's prices compare to comparable other areas? REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 63 KENSINGTON-BAILEY BLOCK CLUB Restaurant/Dance License - 3250 Bailey Thank you for referring the restaurant/dance license application of Michael Shaw D/B/A/ MacShaw's (3250 Bailey Avenue Buffalo, New York) to the Kensington-Bailey Block Club Council for comments. On December 1, 1992, I personally met with Mr. Shaw. From this meeting 1 feel that he is willing to work with the community on resolving any problems that may occur. On behalf of the Council, we would like to go on record as not opposing the dance license application so long as conditions are attached to any license the Common Council may grant which will safeguard the rights of immediate neighbors. We appreciate the Legislation Committee's consideration of the community's views on this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 LAURIE LAUGEMAN Restore Teacher Aide Funding The Common Council and Mayor must take responsibility and supplement the Board of Education's budget to restore the 49 Teacher Aide positions that have been cut at Bennett Park Montessori and the Early Childhood Centers. Our schools are being destroyed. Our children are not receiving the education they deserve. Because of the loss of Teacher Aides in the class-room, children are losing valuable instruction time. I am a parent at Bennett Park Montessori. I have two children who attend this school. I have witnessed this programs rapid decay without the Teacher Aides. I am asking the Common Council to ask the mayor for these funds. I represent Bennett Park Montessori's Parent Group, 96 Mayer Avenue, 14207. REFERRED TO THE COMMITTEE ON FINANCE, THE MAYOR, THE BOARD OF EDUCATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11 NOES- ARTHUR- 1 No. 65 NYS DEPARTMENT OF LAW Protection for City Workers This office received on November 16, 1992, a copy of the above resolution with a letter from Hon. Alfred T. Coppola inviting comment from the Attorney General. Please be advised that this office favors the concept of strengthening employees' rights. As to the drafting of any possible charter amendment, I understand that New York City has a similar provision in its charter. If you have not already done so, you might wish to consult with the appropriate officials in New York City to see what their experience has been. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 66 BOB PULLINS Demand Council Reinstate After School Security Patrols We can not believe that you would release thousands of students into our City, without any SECURITY support for the schools We feel that the After School Security Patrol was very effective against congregations of students turning violent, to vandalism and theft. This program should be one of the necessities of our School Budget. It is shocking that the Common Council does not seem concerned about the well being of it's citizens and the safety of our youth. Transit point checks are just not enough. Are you going to wait until there is another needless death before this program is reinstated? We would like to reiterate our need for the AFTER SCHOOL SECURITY PATROL. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE BOARD OF EDUCATION AND THE MAYOR. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 67 COMMITTEE FOR EDUCATIONAL ACCESS TELEVISION Report of Educational Access In recognition of the pivotal role cable services can play In public education, and In light of the fact that Buffalo does not currently have an education access channel, the Buffalo Board of Education formed a Committee for Education Access Television earlier this year to determine the potential for education access television for the Buffalo educational community. The committee had eighteen (18) meetings since start-up on March 17. Careful minutes have been recorded and are available for review. All minutes were shared In a timely fashion with Councilmembers Dale Zuchlewski and Rose LoTempio and participants. We are pleased to submit our condensed report which includes six guiding principles for implementation and development of education access. Additionally, this report includes recommendations for education access television and the franchise negotiations between the City of Buffalo and TCI. Please note that our fourth recommendation concerns an elaboration of committee work regarding the development of a fiscal plan for education access. It Is important to recognize that the execution of this task will require additional support not available to this committee. Some of the activities of the committee included: production of a television show, participation in a facilitation training session on June 2 and performing a pilot needs assessment study which included working with focus groups at eleven school sites on, June 11 and 17. We also met with Erie 1 BOCES staff on September 11 and toured the BOCES Regional Information Center in Lancaster, NY. Dan Whelan, Director of the Telecommunications Division for the New York State Cable Commission in Albany met with us on September 18. The Board of Education unanimously endorsed the recommendations at the Board meeting on November 18, 1992. We urge the Buffalo Common Council to approve the Committee's recommendations for consideration in the franchise negotiations and the formation of Education Access for the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON CATV AND TCI. No. 68 U.S. DEPARTMENT OF JUSTICE Protection for City Workers Thank you for your letter received in this office on November 16, 1992 regarding the proposed Buffalo City Council legislation which addresses protection for city workers who disclose wrongdoing in city government. I have reviewed the proposed legislation. I believe that it would be in the best interest of the City of Buffalo to enact such whistleblower legislation. If you would like to discuss this matter further, or any other, please contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 69 SEN. DALE VOLKER Unlikelihood of Retro.- Retirement System Coverage - Cotter Crew I have inquired into the feasibility of legislation which would retroactively apply to the six crewmembers of the Fireboat Edward S. Cotter. At this time, I do not believe that there is much chance of enacting legislation which would affect employees who are already retired. While I fully understand and sympathize with the position of the retired crewmembers, there has never been any instance of legislation being adopted which would apply to individuals who are already retired. There are a number of people who retired in 1992, and in fact in prior years, who did not have the benefit of an early retirement incentive. If a bill were enacted which applied to some, but not all of those individuals, I believe that such a bill would not withstand a constitutional challenge. Additionally, such a law would be extremely expensive, and the fiscal impact of such a proposal would probably be enough to prevent passage. As I indicated earlier, I fully sympathize with the retirees, but. I do not believe that enabling legislation has much chance of success. REFERRED TO THE COMMITTEE ON FINANCE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. PETITIONS No. 70 Advision, agent, petition to use 975 Abbott Road for a pole sign for a new Wilson Farms Store. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 71 Xing-Shou Wang, petition to use 510 Elmwood Ave. for a sit-in restaurant and retail store. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 72 Ramesh Chainani- owner, petition to use 1122-1124 Elmwood Ave. for a take-out restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 73 H.L.C. Corp., owner, petition to use 1493-1503 William for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 74 Herbert Berry and Others oppose legislation for a waiting period or amnesty for firearms. REFERRED TO THE COMMITTEE ON LEGISLATION. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 75 Margie Beason and Others Request a more centrally located site for Ken/Bailey Community Center. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CLAIMS COMMITTEE BRIAN HIGGINS, CHAIRMAN No. 76 COMPROMISE AND SETTLEMENT OPTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal in jury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Daryl M. Hill Vs. City of Buffalo$ 18,000.00 A 2. Robert Rodzik Vs. City of Buffalo$ 3,500.00 A 3. Wilmertine Sharp Vs. City of Buffalo$ 2,000.00 A 4. Laura Sortino Vs. City of Buffalo$ 16,000.00 There are no insurance companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES- 12 NOES- 0. No. 77 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Theresa Byrne Claim for a leather jacket that was damaged while claimant a City employee was performing her duties at the Tonawanda Street Impound garage. $129.99 B 2. CEF Enterprises, H.K. Fawcett Claim for plumbing excavation that was done at 235 Woltz Avenue. $1,750.00 B 3. CEF Enterprises, H.K. Fawcett Claim for work performed in replacing sewer lines which were inadvertently damaged by the Division of Water in 1990. $ 3,000.00 B 4. Garry K. Connors Claim for damage to a 1983 Oldsmobile while it was at the Tonawanda Street Impound Garage. $ 575.66 B 5. Morris Hutchins Claim for damage to a 1990 Chevrolet Lumina which hit a frozen area from a water leak which had been previously reported to the Division of Water. $ 448.85 B 6. Mark Kahle Claim for damage to a 1992 Mercedes Benz at 34 South Crossman Boulevard. Parks Department workers were chopping weeds and cutting grass in Schiller Park and a stone or rock was propelled into the claimant's windshield. $433.08 B 7. Paving By Marinaro, Inc., Joseph Marinaro Claim for damage to the windshield of a 1988 Ford Pickup Truck when debris fell off a City Forestry Truck on Ogden Street. $ 205.43 There are no insurance companies involved in the settlement of the above claims. B 8. Steven Matusek and State Farm Insurance Company A/S/O Claim for damage to a 1984 Ford Bronco vehicle that was damaged by a rock propelled into the quarter window by a Parks Department worker using a weedwacker on Hinman Street $ 347.37 B 9. Richard R. Petko Claim for damage to a 1991 Chrysler New Yorker at 126 Downing Street. A Street Sanitation Department recycling worker threw the blue box back toward the curb after emptying it and the blue box slipped and hit claimant's vehicle hit claimant's vehicle. $ 433.92 B 10. Douglas Ryan Claim for expenses incurred in replacing personal keys and an alarm remote that fell through a hole for the shifter on a Street Sanitation Truck on the Thruway. $ 120.52 B 11. Thomas M. Shea & T.M. Shea & Associates, Inc. Claim for damage as the result of a water main break on at Seneca and Wildwood Streets. The Sewer Authority was performing routine maintenance cleaning and it became necessary to open a Howard hydrant that turned out to be defective and caused water main to burst. $ 10,053.54 B 12. New York Telephone Company Claim for damage to Telephone Company equipment in City Hall causing damage to the cables and terminals on the 17th through the 10th floors. $ 2,150.00 B 13. Mary Ellen Weber Claim for damage to claimant's basement and personal property as the result of a sewer line backup due to a water main break on February 6, 1992 at 51 Morgan Road. $ 1,449.50 B 14. Daisy Welch Claim for damage to a 1984 Audi while it was in the custody of the City at the Tonawanda Street Impound Garage. $ 1,501.80 There are no insurance companies involved in the settlement of Claims No. B 9. through No. B 14. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES - * BELL- 1. *MR. BELL IN THE NEGATIVE ON B-4, B-9 AND B-14 ONLY. No. 78 MISCELLANEOUS That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. Catherine Cummings Roberts Claim for life insurance payment to the claimant, a City employee, whose husband passed away September 28, 1992. Her name was omitted from the census submitted to Companion Life of New York. Mrs. Roberts is a member of Local # 650 and under the terms of the labor contract she would be entitled to a $2,000.00 death benefit upon the death of her spouse. $ 2,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 12 NOES- 0. No. 79 MISCELLANEOUS D 1. City of Buffalo - Division of Water Claim for an outstanding water bill for City owned property at 760-764 Kensington Avenue in a prior fiscal year. The bill was not received in time and must be paid through claims. The Department of Law has verified all the necessary information and believes the claim to be valid. The Corporation Counsel recommends payment in the amount of $8,359.00 Mr. Higgins moved that the above item be received and filed. ADOPTED. No. 80 MISCELLANEOUS INVOICE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 2. Erie County Medical Center Claim for medical services rendered to the Fire Department in a prior fiscal year. $ 1,104.89 D 3. Harlem Medical Imaging Claim for services rendered to Firefighter George Doscher in a prior fiscal year. $ 446.88 D 4. Eric W. Lawson, Jr. Claim for services rendered to the Division of Labor Relations in a prior fiscal year for arbitration services. $ 500.00 D 5. Leising Brothers Corporation Claim for a prior fiscal year invoice for additional painting performed in the construction and renovation of Precinct #4 under Contract #91583000. $7,060.45 D 6. Magavern and Magavern Claim for professional legal services rendered to the Department of Law in a prior fiscal year regarding the Salary Increase Litigation in relation to implementation of Justice Whelan's decision. $ 1,344.25 D 7. Peerless Environmental Control, Inc. Claim for services rendered to Inspections and Community Revitalization in a prior fiscal year for work performed in the demolition of School # 48 on Edna Place. $ 1,845.00 D 8. RHF Business Forms, Inc. Claim for services rendered to Parking Violations Bureau in a prior fiscal year. $ 779.20 D 9. Joseph Davis, Inc. Claim for payment of an invoice for work performed for the Division of Water by Joseph Davis, Inc. in a prior fiscal year. $ 2,842.67 There are no insurance companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 12 NOES- 0. No. 81 MISCELLANEOUS REFUND/REIMBURSEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: E 1. 2609 Bailey Avenue, Inc. Claim for a refund of a tax payment applied to the wrong property in a prior fiscal year. $ 5,000.00 E 2. Noris L. Caudle Claim for cost incurred by claimant after the purchase of a 1982 Pontiac at the Police auction. $ 370.00 E 3. Thomas O'Donnell Claim for reimbursement for medical expenses paid by claimant/firefighter in a prior fiscal year. $ 1,545.65 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. There are no insurance companies involved in the settlement of the above claims. PASSED. AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- * BELL 1. * MR. BELL IN THE NEGATIVE ON E-2 ONLY. No. 82 MISCELLANEOUS PAYROLL That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: F 1. Anne Forti-Sciarrino Claim for a longevity payment to an employee of the Department of Audit and Control, Division of Accounting in a prior fiscal year. $ 910.00 F 2. Gary Kelchlin Claim for a prior fiscal year in lieu of medical insurance payment to a Parks Department employee. $ 240.00 F 3. Vincent Marguccio Item No. 26, C.C.P., September 29, 1992 Claim for difference in pay between his normal salary and compensation in a prior fiscal year for an employee of the Department of Public Works/Engineering who is a member of Local # 264. $ 863.92 F4. Peter Geraci $ 552.68 F5. Stanley Kopec $ 3,033.54 F6. Arthur Vito $ 3,876.19 Claims for an Arbitration Award (PERB Case A-91-352) for back pay to the above three employees of the Department of Street Sanitation. There are no Insurance Companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES- 12 NOES- 0. No. 83 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: G 1. Larry Haggins Tabled Item from Claims Committee Meeting of February 25, 1992 Claim for the loss of a gold chain which was mistakenly given to the wrong person by the Police Department at Police Headquarters. $ 150.00 G 2. Lynn M. (Prendergast) Huckins Claim for damage to a vehicle by a rock was propelled by a City owned lawn mower on Mineral Springs Road. $ 205.20 There are no insurance companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 12 NOES- 0. No. 84 REPORT TO CLAIMS COMMITTEE G 3. Raymond J. Janicke Item No. 123, C.C.P., July 21, 1992 In December of 1991 the claimant had to engage a plumber because of a problem with his sewer lateral at 243 Maryland Street. Upon excavation, it was found that the lateral was broken, dislodged and filled with tree roots from a City owned tree. The file contains an invoice from Roto-Rooter dated December 3, 1991 in the amount of ($1,053.00). The BSA conducted an investigation and denies any liability. The Department of Law has examined and has pictures of the tree in front of 247 Maryland Street, the property directly adjacent to claimant's property. There is no Insurance Company involved in this claim. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Higgins now moved: The approval of the claim of Raymond J. Janicke in the amount of $ 1,053.00. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 12 NOES- 0. No. 85 REPORT TO CLAIMS COMMITTEE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: G 4. Anthony and Rose Pierzchala Claim for five (5) blocks of sidewalk that were damaged from a City tree and trash pickup in front of 77 Pomona Place. $ 550.00 There is no insurance company involved in the settlement of this claim. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 12 NOES- 0. CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 86 Appointment Law/Legal Stenographer That Communication No 50 CCP Dec 12, 1992 be received and filed and the Temporary appointment of Lucille Breidenstein stated above at the Maximum salary $25,080.00 effective on Sep 9, 1992 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 87 Appointment Law/Administrative Assistant That Communication No 45 CCP Sep 29, 1992 be received and filed and the Temporary appointment of Rose M. VanKerkhoven stated above at the Maximum salary $28,605.00 effective on Sep 21, 1992 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 88 Appointment Parks/Park Utility worker That Communication No 30 CCP Nov 10, 1992 be received and filed and the Permanent appointment of Kevin Della Penta stated above at the Intermediate salary $22,208.00 effective on Oct 26, 1992 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 89 Appointment Fire/Firefighter That Communication No 36 CCP Nov 10, 1992 be received and filed and the Permanent appointment of Thomas P. Barrett stated above at the Intermediate salary $29,468.00 effective on Sep 8, 1992 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 90 Appointment Administration & Finance/Teller That Communication No 53 CCP Nov 10, 1992 be received and filed and the Temporary appointment of Carole M. Getz stated above at the Maximum salary $23,017.00 effective on Nov 2, 1992 is hereby approved. PASSED. AYES 12 NOES- 0. No. 91 Appointment Administration & Finance That Communication No 54 CCP Nov 10, 1992 be received and filed and the Temporary appointment of Christopher W. Tomaszewski stated above at the Maximum salary $23,017.00 effective on Nov 16, 1992 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 92 Notices Of Appointments (C.Clerk) (Item # 65 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 93 Temporary Lease Of 380 North Oak Street New Animal shelter (Item no. 19, C.C.P., Nov. 24, 1992) That the lease with Ms. Ellen Ott, R&G Wholesale, 5042 Eastbrook Place, Williamsville, New York 14221, as negotiated by the Comptroller and described in the referenced communication, for the use of 380 North Oak Street, Buffalo, New York, be and hereby is approved, in accordance with the terms negotiated; and That the Law Department is hereby authorized to prepare the necessary document for execution. LOST. AYES- BAKOS, COLLINS, FAHEY, FRANCZYK, HIGGINS, ZUCHLEWSKI- 6. NOES- AMOS, ARTHUR, BELL, COPPOLA, PERLA, PITTS- 6. No. 94 Memorial Auditorium Lease Greater Buffalo Soccer, L.P. (Item No. 42, C.C.P., 11/24/92) That the form of lease between the City of Buffalo and the Greater Buffalo Soccer, L.P., submitted by the Corporation Counsel with the above item, be, and the same hereby is, approved, ratified, and confirmed in the form submitted, and that the Chairman of the Board of Stadium and Memorial Auditorium is hereby authorized to enter into and execute such lease on behalf of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 95 Vehicle Auction - Police Department (Item No. 55, C.C.P., Nov. 10, 1992 That the Commissioner of General Services be, and he hereby is authorized to accept the highest responsible bid from George Pinto, in the amount of $1,300.00 for the sale of a 1963 Chevrolet Stake Truck, P-152. PASSED. AYES- 12 NOES- 0. No. 96 Demolition Cost Collection Offer of Compromise Settlement 178 North Parade (Item No. 22, C.C.P., 11/24/92) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the above item be, and the same hereby is, received and filed; and That the Comptroller be, and he hereby is, authorized to compromise and settle the City's claim for demolition costs at 178 North Parade by accepting the sum of $4,179.20 in full payment of such claim, and upon such payment, the Commissioner of Assessment shall be notified thereof by the Comptroller and the Commissioner of Assessment shall remove the assessment for such claim from the assessment roll. PASSED. AYES- 12 NOES- 0. No. 97 Demolition/Compromise Settlement 136 Townsend (Item No. 101, C.C.P., Nov. 10, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Comptroller be, and he hereby is, authorized to compromise and settle the City's claim for demolition costs at 136 Townsend by accepting the sum of $4,941.60 in full payment of such payment, the Commissioner of Assessment shall be notified thereof by the Comptroller and the Commissioner of Assessment shall remove the assessment of such claim from the assessment roll. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FRANCZYK - 1. No. 98 Update List Of Appraisers (Compt) (Item # 24 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 99 McLean-Thomas Wholesale, Owner, Petition To Use 266 Broadway (Item No. 79, C.C.P., Nov. 24, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved to recommit the above item to the Committee on Legislation. ADOPTED. No. 100 Proposed Landmark Designation 60 Hedley Place (Item No. 9, C.C.P., Nov. 24, 1992) That after a public hearing held by the Committee on Legislation on December l, 1992, 60 Hedley Place be designated as a local historic landmark, pursuant to Section 8 of Chapter 337 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Board and its Landmark Designation Committee which reports are hereby approved and adopted; and That this designation is made in accordance with the criteria set forth in the Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be and hereby is directed to file the property description with the City Clerk, the Director of the Planning Board and with the Department of Public Works; and That the Corporation Counsel be and hereby is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 101 Proposed Landmark Designation Parkside Lutheran Church 2 Wallace Avenue (Item No. 10, C.C.P., Nov. 24, 1992) That after a Public hearing held by the Committee on Legislation on December 1, 1992, Parkside Lutheran Church at 2 Wallace Avenue be designated as a local historic landmark, pursuant to Section 8 of Chapter 337 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Board and its Landmark Designation Committee which reports are hereby approved and adopted; and That this designation is made in accordance with the criteria set forth in the Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be and hereby is directed to file the property description with the City Clerk, the Director of the Planning Board and with the Department of Public Works; and That the Corporation Counsel be and hereby is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 102 K. Howell & Others/Favor Music License 3405 Bailey (Item # 76 CCP Sep 29, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Adventure Club/Set Public Hearing/142 Elmwood/Permit (Item # 42 CCP Oct 13, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Adventure Club/Lapsing, Non Conforming Use 142 Elmwood (CC) (Item # 25 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 Adventure Club/Code Compliance/124 Elmwood (CC) (Item # 41 CCP No 10, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Easement - New York Telephone Company Scajaquada Little League (Item No. 28, C.C.P., Oct. 13, 1992) That the permanent easement over city-owned land presently used for park and recreation purposes by the Scajaquada Little League, as requested by the New York Telephone Company, be and hereby is approved; and That the Mayor is hereby authorized to execute any necessary documents. PASSED. AYES- 12 NOES- 0. No. 107 New York Telephone Easement Request (CC) (Item # 43 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 New York Telephone Installation Agreement Information (CC) (Item # 26 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 New York Telephone/Pay Agreement (CC) (Item # 44 CCP Nov 10, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 New York Telephone/Pay Phone Agreement (PW) (Item # 29 CCP Oct 13, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Ordinance Amendment Chapter 269 Lodging houses (Item No. 131, C.C.P., Nov. 10, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That the Ordinance Amendment as contained in Item No. 131, C.C.P., November 10, 1992, be and the same is hereby approved. PASSED. AYES- BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 7. NOES- AMOS, ARTHUR, BELL, COLLINS, PITTS- 5. No. 112 Excluding Districts/Resetting Parking Meters (A&F) (Item # 58 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Ordinance Amendment/Rooming & Boarding Houses (Item No. 119, CCP, Oct. 27, 1992) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 114 Identify And Direct Housing Fines To Inspections and Community Revitalization (Item No. 130, C.C.P., Nov. 10, 1992) That the Corporation Counsel be directed to prepare legislation to allow the transfer of all revenue received from Housing Court to the Department of Inspect ions and Community Revitalization for the hiring of new inspectors and the enhancement of housing enforcement services. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 115 Direct Housing fines To ICR (CC) (Item # 44 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Support Municipal Residency (Mayor) (Item # 3 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Snow Control Plan 1992-1993 (STS) (Item # 55 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Delaware Park Master Plan (Item No. 48, C.C.P., Nov. 10, 1992) That the Delaware Park Master Plan, as contained in Item No. 34, C.C.P., November 10, 1992, be and hereby is approved; and That the Buffalo Zoological Society plan for possible expansion of the Zoo will be reviewed by this body when it is submitted early in 1993, and that part or all of said Zoo plan may be considered for inclusion in the Delaware Park Master Plan at that time. PASSED. AYES- 12 NOES- 0. No. 119 Delaware Park Master Plan Favored By Friends Of Olmstead (Item # 69 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 M. Miller Favor Delaware park Master Plan (Item # 72 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Zoo Requests Further Study On Delaware master Plan (Item # 76 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Use Fireboat Cotter Personnel In Vacant Early Retirement Positions (Item No. 153, C.C.P., Nov. 24, 1992) That the Common Council request that the administration take immediate action in placing the former members of the Fireboat Cotter into similar positions to those vacated, and that will have to be filled as a result of the early retirement program; and That this Common Council extend the health and dental insurance benefits to the former Cotter crew members beyond the December 31, 1992 deadline until such time as all Cotter employment issues are resolved. ADOPTED. No. 123 A. Clark & Others/Complaints/ Bandag Tire Trucks On Wasmuth (Item # 47 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Complaints Of Trucks On Wasmuth (Pol) (Item # 31 CCP Nov 10, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Bandag Tire Offer To Work With Residents (Item # 65 CCP Nov 10, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 ECDOH//Rabies Program Phone Number (Item # 68 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Reappointment Of Members Of City Planning Board (Item No. 2, C.C.P., Nov. 24, 1992) That the reappointments of Mr. Donald L. Champagne, 72 Burke Drive, Buffalo, New York, 14215, Mr. Horace A. Gioia, 49 Clarendon Place, Buffalo, New York 14209, and Ms. Elizabeth L. Ruddy, 1 Duane Terrace, Buffalo, New York 14214, as members of the City Planning Board effective for terms expiring October 9, 1995, be and hereby are confirmed. ADOPTED. No. 128 Reappoint Mark V. Draper To Preservation Board (Item # 30 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 129 Connecticut Street Revitalization Area Urban Renewal Plan Change (Item No. 50, C.C.P., November 24, 1992) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Bakos the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Chuck Thomas, Board President, N.H.S. Mr. Fahey moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Fahey moved: That the above item as contained in Item No. 50, C.C.P., November 24, 1992 be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 130 U.R. Plan Amend 294 Plymouth (CPBD) (Item # 8 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 L.D.A. - New Buffalo Industrial Park - Parcel # 3 (Item No. 51, C.C.P., November 24, 1992) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Bakos the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Mary Ann Demarco- Dept. of Comm Dev Eden Scott Mr. Fahey moved that the hearing be closed. Seconded by Mr. Amos. CARRIED. Mr. Fahey moved that: WHEREAS, the Buffalo Urban Renewal Agency has duly designated Paul A. Dedrick and Eden Scott, and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That Paul A. Dedrick and Eden Scott, and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of New Buffalo Industrial Park. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Paul A. Dedrick and Eden Scott, and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 11. NOES- PITTS- 1. No. 132 L.D.A. - Court Tower Group (Item No. 53, C.C.P., November 24, 1992) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Zuchlewski the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Dave Sengbush- Mgr. Comm. Revitalization Carl Paladino- Developer Ronald Cohen- Exec. Director E.C.I.D.A. Samuel Iraci- Commissioner of Comm. Dev. Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FAHEY- 1. No. 133 L.D.A. - Niagara Building Partnership (Item No. 54, C.C.P., November 24, 1992) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: David Sengbush- Mgr. Real Estate Dept. Comm. Dev. Tom Granville-Partner-Niagara Bldg. Partnership Mr. Fahey moved that the hearing be closed. Seconded by Mr. Higgins. CARRIED. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FAHEY- 1. No. 134 Lease Agreement- Oak Street Parcel 13C (Item No. 52, C.C.P., November 24, 1992) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Bakos the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Mary Ann Demarco- Dept. of Comm. Dev. Frank Balkowski, Director Veterans Center Mr. Fahey moved that the hearing be closed. Seconded by Mr. Pitts. CARRIED. Mr. Fahey Moved that; WHEREAS, the Buffalo Urban Renewal Agency has duly designated WNY Veterans' Housing Coalition, Inc., and LaPetite Academy Day Care Centers, Inc., and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and WHEREAS, the proposed Lease Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That WNY Veterans' Housing Coalition, Inc., and LaPetite Academy Day Care Centers, Inc., and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of Oak Street Redevelopment Project NYR-197. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Lease Agreement" to WNY Veterans' Housing Coalition, Inc., and LaPetite Academy Day Care Centers, Inc., and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 11. NOES- PITTS- 1. No. 135 WNYEDC/Business Assistance Project Plan (Item # 75 CCP Nov 24, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Exclusion of E. Side From Bond Wish List (Item # 115 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Audit-Assessment/In Lieu Of Tax Payments (Compt) (Item # 18 CCP Sep 29, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Delinquent P.I.L.O.T.S (Compt) (Item # 16 CCP Oct 13, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Audit/Assessment P.I.L.O.T.S. (CC) (Item # 43 CCP Oct 13, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 DDI/Audit-Year Ending 12/31/91 (Item # 43 CCP Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 141 BY: MR. AMOS AMENDMENT TO ORIGINAL URBAN RENEWAL SITE DESIGNATION FOR LASALLE REVIT. AREA (URBAN RENEWAL) (FEBRUARY 17, 1987, ITEM NO. 189) WHEREAS, the Site Designation for what is known as the "LaSalle Revitalization Area" was duly approved by the Common Council on February 17, 1987, C.C.P. No. 189; and WHEREAS, this area is mainly composed of vacant and/or under-utilized land and has always been recognized as having tremendous potential for large-scale development; and WHEREAS, the Site Designation is the first step in the urban renewal process as required under Subdivision 3 of Section 502 of Article 15 of the General Municipal Law. The next step is the preparation and approval of an urban renewal plan for the area; and- WHEREAS, a draft of the urban renewal plan was prepared but never submitted for final approval due to concerns associated with potential environmental problems at various locations on the site and the high cost of property acquisition and relocation; and WHEREAS, these concerns have been addressed and we are now ready to proceed with the preparation of the plan; and WHEREAS, since the time of the initial site designation, the Department of Community Development, along with Councilmember Amos, have reassessed the plan area and determined that the site designation boundaries should be broadened to include several other public and private parcels that would benefit from urban renewal treatment; and WHEREAS, the City Planning Board, after the required public hearing on December 1, 1992, gave its unqualified approval to the boundary changes; and WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law require that the Urban Renewal Plan Amendment be approved only after a public hearing on due notice. 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 and the City Record, no later than the 9th day of January, 1993. 2. That this Common Council will conduct a public hearing on the matters stated in said "Notice of Hearing" at 2:00 p.m. in the Council Chambers on Tuesday, January 19, 1993. ADOPTED. No. 142 BY: MESSRS. AMOS, BELL, PERLA, ZUCHLEWSKI REQUEST LOCAL LAW - AMEND CHARTER TO ESTABLISH DEPARTMENT WIDE AND CITYWIDE MINIMUM MANPOWER LEVELS IN BUFFALO POLICE DEPARTMENT WHEREAS: Over the past several years, violent crime has escalated to alarming proportions in the city of Buffalo, while at the same time the size of the Buffalo Police Department has been reduced; and WHEREAS: The cuts in the Police Department, made strictly for budget considerations, have, in fact, exacerbated the problem in the street where the increase in violent crime is accompanied by mounting violence in and around schools, an increase in petty street crime, a proliferation of drug activities, and a rise in youth gang action; and WHEREAS: Vacancies in the department have also remained unfilled for budget purposes, compounding the problem on the street; and WHEREAS: The 1989-90 city budget funded 1071 police positions in stark contrast to the 942 fully funded positions in 1992-93 city budget; and WHEREAS: The breakdown in sworn strength funded for the entire department in FY 1989-90 and FY 1992-93 is as follows: FY 1989-90 FY 1992-93 Position Number Number Difference Police Officer 838 657 -181 Lieutenants 102 100 -2 Inspectors 660 Det. Sgt 21 18 -3 Detective 69 131 +62 Captains 27 23 -4 Chief 330 Asst. Chief 1 0 -1 Dpty Comm. 330 Commissioner 1 1 0 1071 942 -129 WHEREAS: The breakdown in sworn strength funded for Patrol Services in FY 1989-90 and FY 1992-93 is as follows: FY 1989-90 FY 1992-93 Position Number Number Difference Police Officer 710 534 -176 Lieutenants 82 67 -15 Inspectors 4 +4 Captains 22 16 -6 814 621 -193 WHEREAS: The strength of the Police department should not be diminished nor public safety compromised merely to balance the city budget; and WHEREAS: Contrarily, the size and needs of the Police Department must be established and maintained to determine the budget requirements, rather than the budget dictating the size of the department; and WHEREAS: Citywide minimum manpower levels must be established and maintained in the Police Department to strengthen the department, to enhance its effectiveness in the street, and to ensure the safety and confidence of the citizens of Buffalo; and WHEREAS: Minimum manpower levels must be established on a department wide scale for both supervisory and non-supervisory personnel and citywide for Patrol Services for both supervisory and non-supervisory personnel; and WHEREAS: Once levels have been established, maintenance of these levels must be ensured by limiting the time period for filling vacancies; NOW, THEREFORE, BE IT RESOLVED: That the Common Council request the Corporation Counsel to prepare a Local Law amending the Charter of the City of Buffalo to mandate: a. that 1,025 shall be the minimum number of sworn officers employed by the Police Department; b. that the minimum number of supervisory personnel employed by the Police Department by rank or comparable or equivalent classification shall be as follows: 1 Commissioner, 3 Deputy Commissioners, 3 Chiefs, 6 Inspectors, 23 Captains, 100 Lieutenants; c. that the minimum number of non-supervisory personnel employed by the Police Department shall be 889, of which a minimum of 740 shall be of the rank Police Officer; and d. that 704 shall be the minimum number of sworn officers employed by the Police Department assigned to Patrol Services; e. that the minimum number of supervisory personnel assigned to Patrol Services by rank or comparable or equivalent classification shall be as follows 4 Inspectors, 16 Captains, 67 Lieutenants; f. that the minimum number of Police Officers assigned to Patrol Services shall be 617; and BE IT FURTHER RESOLVED: That this Local Law mandate that vacancies occurring in the Police Department shall be filled in the following manner: a. with respect to supervisory personnel, within sixty (60) days of the date the level first falls below the minimum level; b. with respect to all others, within one hundred eighty days (180) of the date the level first falls below the mandated minimum level; and BE IT FINALLY RESOLVED: That manpower levels mandated by this Local Law be phased in over two (2) Fiscal Years. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE PBA. No. 143 BY: MR. ARTHUR COUNCILMEMBER LOTEMPIO EXCUSED FROM MEETING BE IT RESOLVED: That Councilmember Rosemarie LoTempio is hereby excused from attendance at the Council Meeting of December 8, 1992 due to her absence from the City. ADOPTED. No. 144 BY: MR. COLLINS INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS RESERVED FUND BALANCE DIVISION OF ENGINEERING That, pursuant to section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Engineering and the same hereby is increased in the sum of $50,000. That the Comptroller be and hereby is authorized and directed to transfer the sum of $50,000 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 40-1 - Division of Engineering 085 - Capital Outlay 900 - Land and Betterments Purchase 25 acres behind 1120 Seneca Street $50,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 145 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 $231.00 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 $231.00 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $231.00 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $231.00 To: 200 Capital Projects Fund 40-2 Division of Buildings 072 - Museum of Science Exterior Stair Reconstruction $231.00 REFERRED TO THE COMMITTEE ON FINANCE. No. 146 BY: MR. COPPOLA CHANGE USE OF 65 ANDERSON PLACE WHEREAS: In October, 1987, David W. & Betty J. Page purchased 65 Anderson Place; and WHEREAS: The property had been marketed as a single-family residence, and it has continued to be used as a single-family residence; and WHEREAS: The owners recently received a communication from the Department of Inspections and Community Revitalization informing them that they must register their property as a multiple dwelling; and WHEREAS: Not understanding the communication, they contacted the Chief Building Inspector and were informed that the property was listed as a rooming house and had not been certified since 1975; and WHEREAS: The owners informed the inspector that they had purchased the property as a single-family residence and have no intention of changing to a rooming house now or at any time in the future; and WHEREAS: They were informed that a reduction permit would be required which will cost them $70.00; and WHEREAS: It seems unfair to penalize the present owners of 65 Anderson Place for reducing the use of that property from a rooming house to a single-family residence when they, in fact, purchased the property as a single-family residence. NOW THEREFORE BE IT RESOLVED THAT This Common Council respectfully requests that the Department of Inspections and Community Revitalization change its multiple dwelling records to reflect that the property listed as 65 Anderson Place is a single-family dwelling. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 147 BY: MR. FAHEY APPOINTMENTS TO RENTAL ASSISTANCE CORPORATION OF BUFFALO WHEREAS, The Rental Assistance Corporation provides service for the Section 8 Existing Housing, Moderate Rehabilitation, Certificate and Voucher programs; and WHEREAS, According to the contract, the Common Council has two one-year appointments to the Board of Directors of the Rental Assistance Corporation. NOW, THEREFORE BE IT RESOLVED That this Common Council does hereby re-appoint Mr. John MacCallum of 444 Voorhees Avenue in Buffalo. BE IT FURTHER RESOLVED: That this Honorable Body does hereby appoint Ms. Pharilee Hall of 48 Monticello Place in Buffalo. ADOPTED. No. 148 BY: MR. FAHEY AFTER SCHOOL SECURITY WHEREAS, The reported increase of violence has raised the concern of parents of school children and neighbors of schools; and WHEREAS, Last year the Board of Education hired 6 off duty policemen to patrol roughly 40 school during dismissal time; and WHEREAS, This security program was very effective in preventing congregations of students from becoming violent; and WHEREAS, The after school security program ran for twelve weeks at a cost of approximately $24,000 but the Board of Education was unable to re-institute the security program this year; and WHEREAS, Some alternative means of providing after school security must be investigated. NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that the Commissioner of Police report to this Honorable Body on the feasibility of a plan that would target the schools with the most problems and provide after school security. REFERRED TO THE COMMITTEE ON FINANCE. No. 149 BY: MR. FAHEY HIRE 80 POLICE OFFICERS WITH SAVINGS FROM EARLY RETIREMENT INCENTIVE AND VACANCY CONTROL WHEREAS: Certain employees of the City of Buffalo were offered an early retirement incentive and 100 employees have taken advantage of this incentive; and WHEREAS: The Administration, as a cost saving measure, has not filled a number of vacated positions that have occurred in the present budget year; and WHEREAS: With early retirement and vacancy control, there is an estimated savings of $4,000,000; and WHEREAS: The City of Buffalo is experiencing a continued increase in violent crime and the realistic possibility of a record number of homicides this year; and WHEREAS: The people of Buffalo have been exposed to shootings on the rapid transit system, and in their neighborhoods; drive by shootings, including a police precinct; a substantial increase in the number of elderly citizens being attacked in their homes; and numerous other disturbing acts of violence to individuals throughout the city; and WHEREAS: Using the $4,000,000 for Police protection will add 80 Police Officers for the protection and safety of the citizens of Buffalo. NOW, THEREFORE BE IT RESOLVED THAT: This Honorable Body request the Mayor to hire 80 Police Officers utilizing the savings from the early retirement incentive and vacancy control, to provide the citizens of Buffalo with proper police protection. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE POLICE BENEVOLENT ASSOCIATION. No. 150 BY: MESSRS. FAHEY AND AMOS APPOINTMENT OF A TEMPORARY MEMBER OF THE BOARD OF ASSESSMENT REVIEW WHEREAS, Pursuant to Section 523-A of the Real Property Tax Law of New York State, the Common Council has the authority to appoint temporary members to the Board of Assessment Review; and WHEREAS, Temporary members are appointed to a one-year term of office and are subject to the same qualifications, training and disclosure requirements as members of the Board of Assessment Review; and WHEREAS, Many City of Buffalo residents have challenged this year's new assessments of their properties; and WHEREAS, Due to the increase in hearings the Board of Assessment Review must conduct because of the challenges, more work will be required of the Board; and WHEREAS, It is in the interest of the City and Board of Assessment, Review to appoint additional qualified individuals; and WHEREAS, Maureen Johnson, who has a background in accounting, is an active member of her community through school PTAs (at Campus North and Hutch Tech and served as Treasurer and President of both organizations), the University Heights C.D.A., Calvary Baptist Church and the Mercer Street Block Club. NOW, THEREFORE BE IT RESOLVED: That this Common Council appoints Maureen Johnson of 115 Mercer Avenue, Buffalo, New York 14214 (833-0339) as a temporary member to the Board of Assessment Review. ADOPTED. No. 151 BY: MR. FRANCZYK FEDERAL SUPPORT TO HIRE MORE POLICE WHEREAS: The City of Buffalo has experienced a dramatic increase in its crime rate, including burglary, assault, homicides and other forms of violent crime; and, WHEREAS: The Common Council has forwarded a variety of measures to hire more police officers in Buffalo, although budget deficits have resulted in the diminution of the city's uniformed police force; and, WHEREAS: The federal government has provided funding for various crime programs, including the COMBAT grant anti-drug program, the federal forfeiture seizure program and other initiatives; and, WHEREAS: An all-out offensive is needed to blunt the crowing onslaught of crime in Buffalo, and greater federal assistance is needed; and, WHEREAS: President-elect Bill Clinton has pledged support for a program which will hire 100,000 new police officers in American cities; and, WHEREAS: It is essential that Buffalo take immediate advantage of this program if initiated after January 20, 1993; NOW THEREFORE BE IT RESOLVED: That the Common Council request the Commissioner of Police to report on any current federal programs or funding that is currently provided to the City of Buffalo to fight crime; and, BE IT FURTHER RESOLVED: That the City of Buffalo, including the Mayor, Common Council and Police Department not only gather any and all information pertaining to the proposed Clinton plan to hire more police, but the city formally requests that the federal government include Buffalo in any funding or grant plan to hire more police officers in America's municipalities; BE IT FINALLY RESOLVED: That this Common Council requests the local congressional delegation to support funding for this plan specifically earmarking funds to Buffalo for greater police department hiring. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 152 BY: MR. HIGGINS PAYMENT OF CERTAIN SMALL CLAIMS WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and WHEREAS, the subject claims are eligible for consideration under the said procedure; and WHEREAS, the Department of Law has verified the validity of the claims and recommend payment thereof; NOW THEREFORE, BE IT RESOLVED: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Shirley E. Bowers Claim for clothing damaged in the line of duty working at the Impound Garage on Tonawanda Street. $30.00 2. Franklyn N. Campagma, M.D. Claim for services rendered to firefighter, CHARLES MUSCATO in the past fiscal year. $98.91 3. John J. Choczynski Claim for loss of garbage can. $12.00 4. Valerie Danforth Claim for loss of garbage cans. $14.00 5. Donald P. Douglas, M.D. Claim for services rendered to Firefighter, ROBERT LUNGHINO a prior fiscal year. $32.96 6. Erie County Medical Center Claim for services rendered to Firefighter, DUNBAR SMITH in a prior fiscal year. $34.48 7. Health Care Plan Claim for services rendered to Firefighter, RICHARD McLAURIN in a prior fiscal year. $38.02 8. Loretta Helmer Claim for loss of garbage cans. $18.00 9. Mike Lucachik Claim for loss of garbage can. $8.00 10. Robert Morawski Claim for loss of garbage cans. $20.00 11. Sheehan Memorial Hospital Claim for services rendered to Police Officer, ANTHONY FRICANO in a prior fiscal year. $ 52.50 12. Sisters Diagnostic Imaging Associates Claim for services rendered to Firefighter, GARNELL WHITFIELD in a prior fiscal year. $43.50 13. Leonard J. Socha Claim for reimbursement for payment made by claimant/Police Officer, who was injured on duty, to Buffalo Spine and Sports Medicine in a prior fiscal year. $ 86.94 14. Stefannie Tucker Claim for loss of garbage can. $8.00 15. University Medical Service Claim for services rendered to Firefighter, DUNBAR SMITH in a prior fiscal year. $55.00 16. James J. White, Jr., M.D. Claim for services rendered to Police Officer, WILLIAM HAGEMAN in a prior fiscal year. $41.21 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 12 NOES- 0. No. 153 BY: MRS. LOTEMPIO REQUEST THE SUPERINTENDENT OF SCHOOLS TO PROVIDE ELEMENTARY SCHOOL DATA AND INFORMATION WHEREAS: The City of Buffalo educates over 35,000 students in it's elementary magnet and neighborhood schools throughout the city; and WHEREAS: The job of managing, achieving and assuring 35,000 students equal access to quality education is a monumental task; and WHEREAS: Buffalo's elementary school system is one that operates both new schools with state of the art educational methods and facilities and old schools with educational methods and facilities that lack the potential to provide an equal access to quality education; and WHEREAS: Children will be denied access to equal education opportunities if deficiencies and disparities exist in a school system; and WHEREAS: Having the means to identify, address and correct deficiencies and disparities in the educational operations in our schools is the first brick in the foundation to build a school system that will guarantee all children equal access to a quality education in every City of Buffalo School. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Superintendent of Schools to respond to the enclosed questionnaire for all elementary schools in the City of Buffalo (delineate by school); and BE IT FURTHER RESOLVED THAT: The Superintendent of Schools file all responses with the City Clerk 1308 City Hall by 2:00 P.M. Thursday, December 24, 1992; and BE IT FINALLY RESOLVED THAT: The City Clerk send certified copies to Buffalo School Board Members. ADOPTED. No. 154 BY: MR. PERLA PARKING ON BUS ROUTES WHEREAS: Various streets in the City of Buffalo are designated as bus routes; and WHEREAS: Parking is prohibited on bus routes from November 15th to April 1st between the hours of 1:30 am. to 7:00 am.; and WHEREAS: Many bus routes, such as Utica, Normal, West Avenue, Brayton and others, run through heavily populated residential neighborhoods; and, WHEREAS: The arrival of the two car family has placed parking places at a premium; and WHEREAS: The present ordinance does not meet the needs of the citizens of Buffalo; NOW, THEREFORE BE IT RESOLVED: That the Corporation Counsel file with this Council the necessary documents that will amend Chapter 479 15-45 of the City Ordinances as it relates to bus routes utilizing heavily populated residential thoroughfares. ADOPTED. No. 155 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 08 - DEPARTMENT OF LAW The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 08-0 - Department of Law under the subheading "001 - Corporation Counsel" which reads: 1 Chief Legal Investigator $28,285 - 32,032 6 Legal Stenographer 21,533 - 25,080 is hereby amended to read: 7 Legal Stenographer $21,533 - 25,080 WE, LAURENCE K. RUBIN, Corporation Counsel of the Department of Law and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Chief Legal Investigator position and the creation of one (1) Legal Stenographer position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 156 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 06- DEPARTMENT OF ADMINISTRATION & FINANCE 04-1 DIVISION OF PARKING ENFORCEMENT The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 04-1 Division of Parking Enforcement under the subheading "022-Parking Violations Bureau" is hereby amended by adding thereto as follows: 1 Associate Account Clerk $21,533 - $25,080 (Employment not to exceed 11/12/93) WE, RICHARD PLANAVSKY, Commissioner of Administration and Finance and THOMAS F. KEENAN, Director of the Budget, hereby certify that the addition of one (1) Associate Account Clerk whose tenure will be coincident with the leave of absence of the person holding the title of "Coordinator of Fiscal Affairs" is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM R. Peter Morrow Deputy Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 157 BY: MR. PITTS PROTEST RATE INCREASE BY TCI WHEREAS: TCI of New York recently announced that it will be increasing subscriber fees effective January 1, 1993; and WHEREAS: The increases will hike basic service $.65, from $18.80 a month to $19.45 a month, extended basic rates $.30, from an additional $2.25 to an additional $2.55, Home Box Office rates $.45, from $12.75 to $13.20, and the fee for reinstalling a previous subscriber from $40 to $60; and WHEREAS: Rates for extended basic, which most TCI subscribers receive, had been raised from 19.45 to $21.05 effective January l, 1991; and WHEREAS: Extended basic rates will now go up to $22.00 a month, an increase of $2.55 in just over a year; and WHEREAS: The new rate hikes were made public just days after the Common Council held public hearings regarding the refranchising of TCI; and WHEREAS: This rate increase will further increase the profitability of TCI, which generates more than $30 million annually from its nearly 85,000 subscribers in the City of Buffalo; and WHEREAS: Cable companies continue to reap large profits, and TCI's parent company, Telecommunications Inc., has posted a 50 percent growth in advertising revenue for the first 9 months of 1992; and WHEREAS: Congress recently approved legislation that included provisions for the regulation of basic cable rates in most jurisdictions, but what precise form that regulation will take is uncertain at this point; and WHEREAS: The Cable Television Consumer Protection and Competition Act of 1992, which was enacted on October 5, 1992, directed the Federal Communication Commission to establish criteria and procedures for such regulation within 180 days of its enactment; and WHEREAS: The new rate increase announced by TCI is excessive and burdensome, and its timing appears to be a deliberate effort to avoid the impending rate review process; NOW, THEREFORE BE IT RESOLVED: That this Common Council formally express its very strong objection to the rate increase recently announced by TCI of New York to the New York State Commission on Cable Television and the Federal Communications Commission, and ask those agencies to report on whether the city has any legal basis upon which to challenge those increases; and BE IT FURTHER RESOLVED: That this Council direct its Special CATV Committee to hold a hearing to elicit public comment about the rate increase; and BE IT FINALLY RESOLVED: That the City Clerk forward a certified copy of this resolution to the New York State Commission on Cable Television, the Federal Communications Commission, and TCI of New York. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 158 BY: MR. PITTS DELETE USER FEES FROM BCAM BUDGET WHEREAS: On September 29, 1992 this Common Council approved a 1991-92 budget for BCAM, the public access cable TV operator, that included $12,000 in revenues to be generated by user fees; and WHEREAS: BCAM has established a policy of collecting a "nominal annual service fee" in the amount of $25 from individuals and $50 from organizations; and WHEREAS: This fee is the same for all users regardless of whether the individual or organization wishes to utilize cameras, the studio and editing suites, or whether they simply desire to submit a prepared tape for airing on the public access channel; and WHEREAS: Producers are required to pay this fee with "cash only" prior to submitting tapes or using facilities; and WHEREAS: BCAM says that "anyone who can provide evidence of inability to pay" can use "alternative volunteer hours," subject to review by the Executive Director; and WHEREAS: The local office of the Social Security Administration has protested the fee requirement to the New York State Commission on Cable Television, which is reviewing the matter; and WHEREAS: The regional office of the 55A maintains that this is "the first request for a fee to air any of our public information material over cable television anywhere in New York or New Jersey;" and WHEREAS: This service fee is clearly inequitable, because individuals and organizations who produce programming on their own are charged the same amount as producers who require extensive use of public access equipment and facilities; and WHEREAS: Although the fee can be waived based on inability to pay, the waiver process could be an unclear, cumbersome, and intrusive procedure that discourages access use; WHEREAS: The imposition of a this service fee is surely not in the best interests of public access and the citizens of this city; NOW, THEREFORE BE IT RESOLVED: That the 1992-93 Buffalo Cable Access Media (BCAM) budget be amended to delete the $12,000 in projected service fee revenue, and that a corresponding amount of expenditures also be deleted. Mr. Fahey moved to refer the above item to the Special Committee on CATV, Seconded by Mr. Pitts. Mr. Amos now moved to amend to receive and file the above item. Seconded by Mr. Zuchlewski. LOST. AYES- AMOS, BELL, PERLA, ZUCHLEWSKI- 4. NOES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PITTS- 8. Mr. Fahey now moved his original motion to refer the item to the Special Committee on CATV. Seconded by Mr. Pitts. ADOPTED. AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PITTS- 8. NOES- AMOS, BELL, PERLA, ZUCHLEWSKI- 4. No. 159 BY: MR. PITTS GRASS CUTTING CHARGE AT 580 ADAMS STREET WHEREAS: Mrs. Marie Sullivan residing at 578 Adams Street was assessed a charge of $50.00 for grass cutting in 1991 at 580 Adams Street. Mrs. Sullivan owns the lot at 580, however, she was mistakenly charged when the City cut the adjacent lot, and WHEREAS: Mrs. Sullivan is 86 years old and has lived on Adams Street most of her Life, she has never been late or delinquent in her taxes, and WHEREAS: Since she has received the bill for the grass cutting she has tried to rectify the situation to no avail. Mrs. Sullivan is quite disturbed about receiving dunning letters for something she is not responsible for. In her words, "I pay my bills" this is not mine so I won't pay!" NOW THEREFORE BE IT RESOLVED THAT: That the Common Council approves the cancellation of the assessment for grass cutting charges of $50.00 to 580 Adams Street. PASSED. AYES- 12 NOES- 0. No. 160 BY: MR. ZUCHLEWSKI FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Lawrence N. Grasso By Councilmember Perla ADOPTED. No. 161 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: Joan Adamski Rochelle D. Palmer Dominic J. Barone Arlene Parker-Dixon Steven Baskin Paula Petrella Gloria R. Bogdan Henry P Piwko Kathleen L. Borneman Christine E. Puma Jane M. Bucka Samuel G. Puma, Jr. Nancy Burgasser Bernard N. Pryor Sr. Coleen C. Burke Mary Ann Pyrak Thomas M. Burke Renee C. Rechan Deborah A. Cielencki Cheryl M. Roth Virginia Dale Frank A. Robino Patricia S. Dudek Catherine E. Santora Marcia Dauscher Clara R. Sciandra Gary M. Everett Bruce D. Simmons Anna F. Falzone Sandra A. Stasiak Leonard F. Falzone Cheryl B. Sturtevant Annette H. Fitch Linda Sunday Michael P. Fitch Donna J. Vaccaro Lynn Fournier Loretta Varner Danis J. Gehl Arthur F. Vito Luanne C. Getter Cynthia M. Voit Dolores Giancarlo Mary Jane Wajmer Gwendolyn L. Johnson Randi Odessa Washington Julie L. Kean Laura A. Weigand Lisa M. Kretz Laura J. Worthley Maria D. Lagona Florence P. Zupo Anthony LaRusso Jerome E. Goldstein Kimberly J. LaVigne Cecelia McGovern Roland J. LaVigne Rose Marie Malecki Ronald L. Lieberman Frank E. Merriweather Jennifer Lyons Rebecca C. Mancino Frank L. Marks Sr. Diana Martin Eileen McGloin Jeannette McIlvene Sharon Mihelbergel Kathleen M. Milbrand Richard P. Miller Joyce W. Minter Donna Modica Rodney C. Montgomery Mary C. Morra Beverly Ann Muma Irene Murphy Joanne Mytnik Roberta N. Nola Barbara A. O'Connell Judith J. Pahnos TOTAL: 79 ADOPTED. No. 162 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: Maurice W. Abram Gerald M. Donovan David Acosta Thomas J. Donovan Sylvestre Acosta William C. Donovan Michael Acquino George R. Dougherty George Joseph Adymy Francis G. Doyle Angelo P. Alessandra Edward G. Draper Dane Alexander Peter M. Dobiel Gail W. Allen Roger E. Darawa George E. Amplement Martin F Dryer Ralph D. Andolina Michael A. Eason Robert J. Andolina John C. Eberhart Jr. David J. Andrews James H. Eberle Mark S. Antonio Richard W. Edwards Thomas E. Armitage Scott K. Escobar Tim Baker Michael J. Fahey Henry E. Baranski William N. Fahey Russell J. Barone John P. Farley John T. Bartholomew John J. Farszmil Carl E. Bartkowiak Carlo A. Fatta, Jr. John R. Battle Thomas E. Fay Merrilee A. Collier Vincent J. Felicetta Robert B. Collier John P. Fenger Robert D. Colucci John A. Ferby Kevin J. Comerford Daniel Figueroa William R. Connolly, Joseph M. Filipowicz William P. Conwall Mark J. Fitzpatrick Ronnie Cook Alicia D. Flowers Thomas J. Corcoran Michael J Flowers Anthony Constantino,Jr. Chandra France Michael Cougevan Harold F. Frank, Jr. Denise A. Crawford Ann M. Fraterrigo Patrick A. Cray Donald R. Fry Benjamin Crespo Steven E. Gartz James F. Cudney Michael F. Gaspar Hugh P. Daly Barry A. Gawlick Albert Damiani Anthony J. Gawron Anita E. Dantzler Joseph J. Giambra James J. Degenhart James Giammaresi Dennis A. Delano Christine M. Giardina Paul R. Delano, Sr. James F Giardina Warren G. Derner Timothy G Gill Albert J. Devlin Chester M. Glica Sheila R. Dickinson Larry S. Goins James R. Diegelman Robert M. Grabowski Daniel A. Dill Marvin P Gracie Daniel R. Dipirro Thomas J Greco Marcus A. Dixon Robert Grisanti Warren Domblisky Mary E. Gusliuzza Michael T. Donohue James M. Hacker William Hageman Michael J. Mattioli David A. Hahn Robert J. Maturski Wayne C. Hahn Kenneth F. Matysiak Martin J. Harrington James J. McCann Justine L. Harris Michael J. McCarthy, Jr. Norman G. Hartmann Patrick M. McCarthy Joseph T. Hartrich Patrick W. McCarthy Jeremiah S. Hassett Robert G. McCarthy Edward C. Hempling Thomas J. McCarthy Thomas M. Holycross Patrick J. McDonald Donald G. Horn Bernard McGonagle Donald. Hunt Dennis McLaughin Patricia A. Hunt Patrick J. McLeod Robert F. Hynes Michael R. McParlane Betty L. Iraci Donald McSwain Edward W. Jacobs Robert Meegan, Jr. Gerald H. Jargiello Jorge Melendez Edmond N. Jensen, Jr. Carmen J. Menza Carl E. Jones Joseph J. Milazzo Darwin Jones Charles G. Militello Bandie J. Joseph Brian J. Miller Michael Judge Barbara A. Miller-Williams Martin J. Jurewicz Reginald Minor Mary Pat Kaempf William J. Misztal Anthony B. Kalisz Juan Morales Mark J. Kane Michael A. Mordino Michael Kaska Mark D. Morgan Lilton L. Kelley David J. Morgante John E. Kelly Patrick J. Morrisey Kevin J. Kelly Donald T. Morrison Robert M. Kenney Joseph I. Moscato Ann M. Ellis-King William J. Mollen Mark Korzaniewski Gilberto Munoz Mark Krawczyk James A. Murphy, Jr. Kenneth L. Krewpa Patrick Murphy Herbert F. Krieger Joseph J. Musial Michael Lagoda, Jr. Bruce Mussehl Jimmie Larke, Jr. Avery Nelson Joseph J. Lasura Steven J. Nicosia Mark J. Lauber Edward C. Niemann Thomas J. Leatherbarrow Joseph C. Nigrelli Michael S. Leggio Richard Nigro James A. Lena Patrick E. O'Brien John P. Linehan John J. O'Keefe Harold Litwin, Jr. Patrick S. O'Mara Melvin G. Lobbett Alan L. Ortiz Byron C. Lockwood Gery O'Shei James P. Lonergan Joseph O'Shei Salvatore P. Losi Evelyn O'Sullivan Joseph J. Luciano Joseph F. Otto Frank W. Lustan Danny L. Owens Michael D. Lyons Dominic R. Pace Marilyn Mack Mark Padilla Paul Madsen Franklin F. Palmeri Victor D. Makosky Richard A. Panicali Mark Makowski Pamela J. Pantano Leo W. Malecki Vincent J. Pantano Steven R. Malkowski Richard S. Pascale Kevin F. Maloney Salvatore J. Pelonero Daniel Mancini Robert J. Penders Patrick Mann, Jr. Sherri Peterson Michael A. March Katherine A. Plesac James Maroney George B. Poynton Kathleen D. Martin-Appleford Edward D. Prabucki Angelo Martinelli Robert Quintana Baniero Masecchia Genevieve A. Rak Roger C. Masters Lawrence M. Rammunno Thomas J. Masterson Philip A. Rummunno Stephen Matthews Christopher M. Ranick James D. Rautenstrauch Leonard Szafranski Paul W. Reinig James C. Szczur Joseph A. Repec Mark E. Taggart Roy C. Rhodes James P. Tamsen Daniel A. Rich Daniel B. Tauriello Dennis J. Richards Gary E. Teague Daryl J. Ricigliano James A. Telesco Joseph Riga Thomas M. Telesco Joseph A. Rimbeck Thomas C. Teprovich Daniel F. Rinaldo Carl Terranova Thomas A. Rinaldo Joseph C. Terranova Patrick Rindfleisch George W. Thomas David A. Rivera Carl M. Thompson, Jr. Duane T. Rizzo Thomas J. Tighe Paul A. Roberts Jocob J. Ulewski Baudilio R. Rodriguez, Jr. Salvatore A. Valvo David Rodriguez Salvatore A. Valvo Deborah M. Rodriguez Mark J. Vaughn Henry D. Rodriguez Jose M. Vega Joseph A. Rodriguez Henry Velez, Jr. Diane Romer John T. Vickerd Michael F. Root Milton R Vogel Charles S. Rusek Richard W. Wagstaff Donald R. Rydzik Ronald Wainwright Daniel J. Rzemek Chester B. Waliszewski Margaret A. Sack Arnold G. Walker Raymond V. Sack Johnny L. Walker Lawrence M. Sadlocha Stephen P. Washburn Mark E. Sadlocha James R. Watkins Timothy J. Salamone James Weiser Ronald G. Sander Robert F. Whalen David Santana Alois Williams Charles W. Schack Danny Williams Norman Schindler Charles E. Wilson James N. Schmigel Nadine Wilson Gerald W. Schoenle, Jr. Frank W. Wimble David Schweitzer Ronald E. Wishman Anthony Scinta Norman J.Wojtkowiak Timothy J. Scioli Richard Woods Richard D. Semonian David P. Wuest Barton Simonian William R. Yeates John G. Simonian Raymond Zabron Florian R. Skomski Chester R. Zak Ronald F. Skotnicki John R. Zak Robert J. Skrabacz Ralph S. Zangara III Cheryl A. Slomka Franklin J. Zanghi Henry M. Smardz Eugene Ziemba George E. Smith Alfred Ziemecki Rocelious S. Smit h Robert G. Zwelling Thomas C. Smith Marietta Adymy William M. Smith David D. Alba James F. Sorrentino Carol L. Albanese Joseph V. Sperazz Nancy A. Albanese Patrick Strafford Barbara J. Anderson Mark R. Stanbach Aslee E. Bailey Christine G. Stevenson Vera Berent Mark Stobnicki James F. Borkowski Joseph F. Strano Sandra D. Brow Brian S. Strobele Marian Butera David Sugg Gregory C. Byrne Daniel F. Sullivan Suzanne E. Cairns Jacqueline Sullivan Noreen M. Carothers Paul F. Sullivan Lynell W. Chestnut Kevin F. Suto Malinda C. Chisholm Patrick D. Swain Sandra L. Clark Robert R. Swanson Virginia Conkling Nancy A. Connolly Patricia N. Wrest Linda D. Craig Michael E. Abrams Deborah R. Daniel Dorothy R. Aikman Christine DeGraffenried Carol M. Alf Valerie M. Demps Florence Allen Patrick Denecke John N. Allen Joyce M. DiGiulio Ethel Anderson Kathleen M. DiSarno John W. Anderson Margaret Dragone Patricia A. Ardino Michael B. Dojanovich Thomas N. Atkinson Mable M. Duncan Janet A. Auer Lynn Fitzgerald Thomas V. Aurelio Diane M. Fusco Hanna Azeb Paula R. Galante David Baczkowski Linda Ganci Sherry A. Baker Dennis M. Gordon Thomas G. Baker Marlene L. Griggs Bonnie M. Barber Patricia Groves Jean L. Barkley Dolores M. Grzechowiak Ruthlee Barton Mary Beth Hanley Terry Batt Dana Hearon Michael D. Battaglia Debra A. Hornberger Annette C. Beaver Deborah A. Hyde Patricia Becker Joanne Jones Denise M. Bertosino Patricia J. Koch Kim M. Bierzynski Eileen M. Kawal Craig A. Bisbing Michael R. Krajewski Judith A. Black Joan Krasinski Dennis H. Block Jane A. Kusik Margaret Bloomquist Fay M. Kwiatkowski Julianna Bochiechio Clara Jean LaBelle Michael Bochiechio Marilyn Lanc Marilynn A. Boehn Mary Ann LaRusch Marcia J. Bogiicki Clara E. Lawson Robert W. Bojan Joanne M. Licata Paul R. Bojanowski Carole Malachowski Harold W. Boltz Donna M. Militello Jean E. Both Jamie Anne Miller G. Charles Boulange Karen E. Muranyi William J. Boylin Janet Murphy James F. Brace Paul Noreck Eleanor B. Brayer Barbara A. O'Brien Alice M. Brock Bert N. Pandolfino Warren J. Brock Anne E. Paulisczak Patricia M. Brooks Wendy A. Piehl David M. Brown JoAnn C. Re Ann M. Buell Margaret H. Redmond Kenneth J. Bunford Patricia A. Reilly Sandra Bunkley Donna M. Rich Margaret L. Burke Joy Riexinger Ann M. Buscaglia Frances A. Rogers Judith M. Caligiuri Marie Schreckerberger Gerald C. Cannon Mary Pat Schuster Manuel Caraballo Ruth E. Serafini Catherine Carbone Yvonne M. Serafini Tracy A. Carboni, Jr. Suzanne H. Shanahan Teresa Cardina Mitchell Shapiro Claire V. Carmer John P. Simich Michael J. Carr Diane M. Smith Mary Anne T. Carriero Lori A. Strobele Carva R. Cash Rita J. Struzik Anthony M. Castelletti Robbin M. Thomas Marie Grace V. Catalano Elouise Tomlin Joanne K. Chmielewski Sharon Vacanti-Guidice Fred A. Christopher Janet M. Wacienga Nicholas A. Cintorino Mary C. Walek Elizabeth D. Clark Barbara J. Weiss Michael L. Clark Joseph R. Wilhelm Rachelle J Cohen Debra A. Williams Dominic J. Colangelo Karen Colquhoun Rose J. Grasso Josephine Comas William C. Gray Darold W. Conklin Donna S. Green Theresa J. Connors Robert J. Grzedzicki Shari L. Cook Jacyra D. Guard Carolyn J. Cross Frank C. Gulino Margaret A. Cross Muriel K. Hagen Patricia Cuddihy Carol Hairston Catherine L. Cummings Evelyn Hall John R. Cybulski James F. Hamilton Sharon R. Dailey Carol M. Hartel Linda Danga Gerald R. Hayden Gladys Daughtry Lucia A. Hiller Eileen A. Davis Irene J. Hoch Richard G. Deacon William Hodge Brad A. Deamer Denise R. Holeva Frank A. DeCarlo Marcia L. Holler Robert L. Deisz Patricia A. Howling Robert W. Denny Patricia S. Hrusa John L. Dickey Melinda L. Hrynyshyn Marion DiPirro Richard H. Hrynyshyn Michele Dirr Andrew Huber Richard L. Dispenza Beverly A. Huber Sharon Drobits Beverly Hadson Robert R. Durlak Jeanette Hudson Mary Lee C. Elias Shaun M. Hughes David R. Ellero James H. Hurlbut, Jr. Donna D. Ellis Roger D. Hurlbut Jeanne Shaw Elvers Kathleen Iavenditti Juanita H. Erwin Theresa M. Imiola Barbara K. Evans Barbara J. Irvine Viola M. Evans Susan M. Itzenplitz Ruthann Evoy-Marren Loretta Jackson Alexandra M. Fagowski Diane C. Jakel Robert M. Fairchild Diane F. Janaski Barbara A. Farr Paul J. Janulewicz Nancy A. Farrell Beverly Jaworek Agnes M. Fassel Susan L. Jester Christine J. Filipski Dianne E. Johnson Edith J. Fink Theresa A. Johnson Doreen J. Fischer James W. Josik John R. Fisher Constance G. Kaczmarek Debra A. Flaiban James J. Kania Elizabeth E. Flemming Dawn M. Karcher Mary J. Fox Andrew Kedzierski Elizabeth T. Fricke Noreen T.Keefe Geoffrey A. Froewiss Mary L. Keller Madonna M. Funk Walter Keller Joanne Gaffin Louise F. Kennedy Santina Gannon Elaine P. Klein Mary Jane Garry Sydney C. Klein Janine Gavin-Pokrandt John B. Kline Paul S. Gburek Michele L. Knezevic Ellen D. Gehring Kathleen A. Koch Judith Gentili Timothy Kenicki Nancy A. George Christine M. Kowalyk Richard F. Germain Carl Kozikowski Carol A. Gibbs David L. Kroll Cynthia C. Gilbert Jeffrey Krull Donald P. Gillespie Kristine Kubala Emily M. Glogawski Mark S. Kucharski Paul D. Goerner Joseph J. Kegler Judith E. Goetz Lorraine Kuntz Carmen D. Gonzalez Linda Kvashay Gregory F. Goodie Shirley S. Lam Gloria J. Goodwin James W. LaManna Ronald V. Goran Kathleen M. Lauck Carl A. Gould Thomas L. Lauria Theresa A. Graham Kathleen M Lavey Shirley K. Lazoration Frank D. Nuchereno Gerald T. Leahy Sheila A. O'Connor Sylvester P. Ledoux II Sandra O'Donnell Bettye J. Lee Cynthia C. Olszewski Deborah A. Lema Sharon E. Orshal Francine Lewis John M. Ostapowicz Roshelle L. Lewis Doris J. Owens Michael B. Lex David F. Pacer Michael Liberante Peter A. Pahr Diane S. Liebler Elaine P. Paige Joanne M. Lindell Patricia L. Pajek Arleen M. Lipke Joyce Palczynski Dennis M. Long Susan M. Palmeri Beth P. Loschiavo Ronald J. Patenaude Jane M. Lundstrom Kathy A. Penders Agnes L. Mabins John W Perrin Melissa A. Maday Elizabeth J. Peterson Roger A. MaGiII Arthur J. Pfenninger Thomas J. Maher Judith G. Pfenninger Margaret M. Maloney Linda Philipps Donna M. Markey Deborah Phillips Lynn M. Martens Joanne Phillips Kristen L. Martin Sharon A. Pilarski Elizabeth M. Matras Joseph J. Pinto Thomas J. Maulucci Joan M. Pittman Judith I. Mayer Gerald J. Podlewski Shirley A. Mazur Peter A. Pond Claudia McAlphine Craig S. Provenzo Nancy M. McArthur Amalia M. Quinlan Christine M. McCann Patrick J. Quinn Marlene M. McCann John P. Radzwill Sharon A. McCarthy Joseph G. Ralabate Wendy S. McCormick Lucy A. Ralls Brian J. McGowan Lawrence T. Ramunno Annette Derengowski McGraw Kathleen L. Reach Janice L. McMahon Donna W Reed Margaret P. McMahon Frank D. Reuter Raymond J. McMullan Candyce M. Rinaldo Sue Meiler Roslyn C. Rivera William H. Meiler Barbara A. Rosowski Ester Melzer Gene H. Rybij Margaret M. Mengay Christopher J. Sajecki Helene W. Mesch Frank A. Saladyga Chester X. Michalski Richard Schaefer Marie T. Miller Michael M. Schmitt Mary Ellen Miller Lisa A. Schnorr Ruby C. Mims Elsie J. Schreiber Daniel A. Minotti Lorine C. Schwede William C. Miskey Suzanne M. Severin Ellen F. Mitchell Roslyn C. Shadron Patricia Moch Barbara J. Shaw Michael A. Montella Leo T. Shaw Charles E. Morrison Sharon R. Shaw David S. Mosher Dolores R. Shelberg Marc A. Muelier Maurice V. Sigman Judith Mulvihill Judith Simet Barbara M. Murphy Sandra A. Siwiec Joanne M. Murphy Frank H. Skelly Mary Anne Murray Barbara G. Skrzypek Anthony R. Mascato Linda S. Smith Patricia A. Musial Scott R. Smith Jane D. Napierski Janet A. Smolinski Susan M. Nardozzi Jo-Ann E. Snyder Thomas E. Needell Carol A. Sobolewski Sandra A. Neubert Patricia E. Sobolewski John A. Neumann Darlene A. Soemann JoAnn M. Neyerlin Mary Louise Soos Alfred P. Nicosia, Jr. Nerina Sorrentino Judith A. Nolan Maria L. Sotero Gary J. Spencer Sandra L. Maciejewski Karen R. Spielman Karen E. Mahony David A. Stalica Nancy J. Schwendler Anthony J. Stefaniak, Jr. Kristie S. Tokasz Lucinda Steward Christine A. Trojan Nelson P. Sullivan Mildred Zaccagnino Susan V. Summers Geraldine A. Barone David R. Sutter Arlene Benbenek Sandra M. Sutter Pamela Chamness Thaddeus L. Suwalski Janet T. Cochrane Theodore P. Swiatek Patrice Colpoys Paul C. Swing June M. Cotter Anthony F. Sylakowski Nancy M. Gullinan Ester Szikszay Irene Danch Arthur J. Szykinski John E. Davidson Angie Szymski Elaine DeFranks Stephen J. Szymura Maria Dempsey Carolyn M. Tasch Christine A. Dibble Patricia M. Terrell Linda L. Drake Brian F. Thayer Shirley A. Dudziak Florence Thomas Virginia Everett Nanniemarie Thomas Willmer Fowler, Jr. Sylvia A. Thomas Karen L. Fritsch Providence Tramontana Dennis H. Gabryszak George Trietley Marguerite A. Galante Paula A. Trimper Lynn E. Gedraitis Judy L. Tutuska John R. Getsy Carol J. Vasbinder Francine Giumento Edward A. Vasbinder Sara J. Hibbard Dorothy A. Vaughan Mary C. Higgins Denise Washington Cheryl L. Hils Linda A. Waters Katherine J. Hoelscher Douglas R. Watson Lucille Jarosz Sandra M. Watson Rose Marie Kelly Michael Wawrzyniak Theresa M. Kind Gayl A. Weinheimer Diane KIoss Barry E. Weinstein Paul S. LaPiana Deborah A. Weitzel Deborah A. Losardo Robert C. Weitzel Paul J. Maloney, Jr. Dale D. West Cheryl L. Matter Eugene L. West Beverly A. Marino Jill M. Wierzba Noreen S. McBride Lynne S. Williams Helen Nigro Marjorie J. William Karen M. Ortiz Ruth Williams David H. Owczarzak Joan M. Winkelman Mary K. Parysek Flora B. Woods Elaine F. Pinski Jane Woods Michael A. Smyntek Jeffrey A. Yurko Judith C. Snyder Mark J. Zauner Paul Sorrentino Joanne R. Zietz Louis C. Strauss Michael Zulewski Deborah L. Strickland Lynn Marie Carberry Mary C. Suto William R. Comello Gery S. Szczesny Raymond A. Flynn Elaine Taylor Florence M. Hill Ann M. Vedella Richard J. Mauro Dorothy F. Zimmerman Carolyn Menchini Coletta M. Zubler Patricia A. Ricapito Cheryl M. Begg Bart Sumbrum Karin A. Brown Fabian Tryjankowski Samuel P. Cotroneo Louise O. Cerrone Ronald F. Coyle Donna M. Crowley Charles E. Craven Lisa Garner Patrick J. Finnerty Mary E. Fleming Patrick Gallivan Nina Lee Jok Kathleen F. Giglio David J. Groblewski Tamara J. Lamb James W. McGill Catherine E. Panczykowski Joseph A. Petronella Jeffrey T. Ricketts Joseph J. Roedel Sue A. Sacco Richard G. Shanley Carol A. Weigand John M. Abraham Anne M. Adams Joann Considine Jean M. Whalen Keith Wayne Dearmyer Jean A. Gralnik Robert D. Hecht J. Robert McKnight Anne M. Rath Angelo G. Tirone Sharon Comerford Olivia A. Dragone Barbara A. Duk Phyllis Gerard Lucille M. Grieco Laura B. Hunt Patrick K. Irwin Lucille LoDestro Paulette A. Mulderig Nancy Schuster Barbara A. Slisz Christine Dipasquale Paul H. Hoppy Thomas Krug Louis Ruberto Pasquale V. Sardina Robert J. Schleer TOTAL: 882 ADOPTED. No. 163 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, DEC 15, 1992 9:30 AM FINANCE Tuesday, DEC 15, 1992 Immediately Following Civil Service LEGISLATION Tuesday, DEC 15, 1992 2:00 PM ECONOMIC DEV Wednesday, DEC 16, 1992, 10:00 AM No. 164 ADJOURNMENT On a motion by Mr. Fahey, Seconded by Mr. Perla the Council adjourned at 5:10 P.M. CHARLES L. MICHAUX, III CITY CLERK MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.