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HomeMy WebLinkAbout93-0119 1No. 2 Common Council Proceedings of the City of Buffalo Regular Meeting, January 19, 1993 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, Dale Zuchlewski, 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, January 19, 1993 at 2:00 P.M. PRESENT - George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski - 13. ABSENT - None. On a motion by Mr. Fahey, seconded by Mr. Higgins, the minutes of the stated meeting held on January 5, 1993, were approved FROM THE MAYOR No. 1 Appointments to the Citizens Advisory Committee on Community Improvement Pursuant to the powers vested in me by Article II, Section 6-5 of the Code of the City of Buffalo, I hereby appoint the below listed persons as members of the Citizens Advisory Committee on Community Improvements effective January 8, 1993 for terms expiring June 30, 1996: Craig E. Speers 140 Winston Road Buffalo, 14216 Robert J. Reger 198 Woodbridge Avenue Buffalo, 14216 Herbert L. Bellamy 705 Humboldt Parkway Buffalo, 14208 Jo Ann Hortman 817 Abbott Road Buffalo, 14220 James R. Barnes 57 Tuscarora Street Buffalo, 14220 I hereby certify that the above listed persons are fully qualified to serve as members of the Citizens Advisory Committee on Community Improvement. RECEIVED AND FILED. No. 2 State Prison Work-Release Facility Proposal Former Mohawk Manor I wish to advise Your Honorable Body that I oppose the proposal by New York State to convert the former Mohawk Manor into a work-release facility for state prisoners and I ask that the Common Council formally oppose this proposal as well. This proposal has been developed behind closed doors in Albany with no respect for the concerns or questions of City government or local residents. The meeting on Monday night at Millard Fillmore Hospital was initiated at the community level only when news of this plan leaked out. While State officials are scurrying around to distance themselves from a plan which is widely opposed by the residents living nearby, the real issues of crime and law enforcement continue to be ignored. I again repeat my request that the Common Council support state legislation allowing the City to require City police officers, firefighters and teachers to live in the City. It seems the State is more interested in seeing convicted criminals living in our neighborhoods than our own police. While I do not oppose the idea of work-release programs, it is absolutely necessary that they be planned with our input from the outset and that strict guidelines be established. The State Correctional Service Commission'S statement that persons convicted of a violent sex crime could not be housed in the middle of a residential neighborhood is vague and ambiguous. For instance, could someone who was charged with rape first degree but plea bargained to a lesser crime qualify for the work-release program? We have invested over $1.5 million of block grant funds into the Oxford-Linwood neighborhood for housing rehabilitation, neighborhood improvements and human services. The Linwood Avenue Block Club and Linwood-Oxford Association are two of our most successful neighborhood based organizations. Please join with me in sending a strong message to our State delegation and State officials that we should be supporting these efforts not working against them. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE LINWOOD/OXFORD COMMUNITY GROUP AND THE NYS DEPARTMENT OF CORRECTIONS. No. 3 Funding Hazardous Waste Site Clean-Up Resolution # 219, C.C.P. 12/22/92 In response to the above-referenced resolution, I refer you to the Council communication prepared by my Public Works Department. My Administration has addressed site remediation in the past and on an on-going basis (Squaw Island, U.P.S. New Buffalo Industrial Park, LTV Steel, to name a few). We submitted applications to three other sites, LTV Plant Proper, Atlas Steel, and the dump area behind Main and LaSalle (which will also address McCarthy Park) to the New York Jobs Bond Act Legislation which, unfortunately, failed. I, however, we have targeted these areas as viable projects and are pursuing funding for these with President Clinton's new administration as part of his Infrastructure for Jobs Program. Should we get no funding from Federal or State, we intend to pursue these projects through City funding over the next year. So, my Administration is committed to remediating hazardous waste sites and does have a definite plan. Most of the waste sites are not on property owned by the City of Buffalo, and I would suggest that we get our State Legislation to impel the DEC to make the private parties clean up their sites expeditiously. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 4 Environmental Hazard at Cargill Resolution # 147, C.C.P. 1/5/93 Please be advised that the Office of Emergency Services has checked with the Fire Prevention Bureau of the Buffalo Fire Department, and found no cause for action by them. The next procedure was to contact the plant manager on January 8, 1993, by telephone and letter to ascertain exactly what did occur and what steps were being taken to prevent future errors. The plant manager, Joe Ross, stated that he would send a report and answers to the questions posed in the January 8 letter; herein attached. As of January 11, 1993, he has not replied other than to state he is writing a formal response. In a telephone conversation on January 11, 1993, he stated that he will send a response, but is waiting for clearance from Cargill. He was again asked to send this report as soon as possible. He also stated that there are no hazardous materials on the site at 200 Urban Street. This office will immediately inform you of further response from Cargill or Mr. Ross. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 5 Parking Meter Ordinance Change I am forwarding to Your Honorable Body a proposed ordinance amendment that would, if adopted, change parking meter rates in neighborhood business districts. The proposal is to change the current $.50/hour initial charge in these districts to $.25 per one-half hour. I am recommending this proposal as a substitute for recently-vetoed legislation on this matter now in the legislation committee. The vetoed legislation, if overridden, would reduce all parking meter rates throughout the City from $.50 to $.25 an hour and cause an annual revenue loss to the City estimated at $500,000. The legislation I recommend today has the effect of meeting the needs of neighborhood merchants for inexpensive short-term parking, maintaining the $.50 per hour charge throughout the City, and minimizing any parking meter revenue loss to the City. RECEIVED AND FILED. No. 6 Certificate of Appointment Appointment effective January 5, 1993 in the Department of the Mayor, Gretchen M. Hurst, 81 Rebecca Park, Buffalo, New York 14207 to the position of Telephone Operator, Permanent at the starting salary of $20,986. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 7 Review of Downtown Zoning Regulations. The City Planning Board at its regular meeting held Tuesday, January 12, 1993, considered the matter captioned above pursuant to Section 511, 69-79 of the Buffalo Code, the Downtown Area Zone. The Planning Board voted to approve the RR zone as it is currently amended and to allow for unlimited retail development throughout the DO zone, as stipulated in Sections 511-71, 72 and 79 or the Buffalo Code. It was also the hope or the members or the Board that primary retail development would occur on Main Street. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 8 Urban Renewal Plan Site Designation for Additional Phase To The Waterfront Redevelopment Project. The City Planning Board at its regular meeting held Tuesday, January 12, 1993, considered the site designation described above pursuant to Article 15, Section 504 of the General Municipal Law. The site designation concerns a 22+/- acre area bounded by Perry, Washington, and Scott Streets on the north, Main Street on the west, Columbia Street on the east, and South Park Avenue on the south. The proposed use of the site will be for the development or a large scale economic development project which will include the construction of a new sports and entertainment complex. The Planning Board voted to approve the site designation as presented and further recommends that Your Honorable Body authorize the Department or Community Development to prepare an urban renewal plan for the site. REFERRED TO THE TASK FORCE ON AUDITORIUM-STADIUM. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 9 Easement Tank - 57 Tonawanda Item No. 79, C.C.P. 12/22/92 The Environmental Management Commission responds to Common Council referral or an item regarding an easement for installation or a nitrogen supply system, including tank and vaporizer, in the Tonawanda Street right of way adjacent to property or Fedco automotive. The Commission notes that nitrogen is not a flammable or explosive gas, and would only be dangerous were it to be released inside a building, displace oxygen, and thereby cause possible suffocation of occupants. With the tank located outside Fedco's structure, there are no purely environmental concerns in this regard, as an open air release would dissipate with no harm. The Commission points out that such a tank, under the Ordinances, would require both a Fire Prevention Code License and a Building Permit. RECEIVED AND FILED. No. 10 NIMO - Hazardous Storage Facility Report Item No. 74, 1/5/93 The Environmental Management Commission responds to the Common Council request that it evaluate Niagara Mohawk Power Corporation's compliance with the terms or its agreement with the City on both the operation or the utility's Dewey Avenue PCB Hazardous Waste Storage Facility and the utility's removal or PCB's from its equipment in Buffalo. Your Honorable Body should continue to take satisfaction with the agreement which it worked toward reaching with the utility, and with progress under the terms of that agreement. Based on Niagara Mohawk's report dated December 22, 1992, Niagara Mohawk continues to proceed in general accord with the letter or its agreement with the City regarding Niagara Mohawk's use or the Dewey Avenue facility and removal or PCB's from its equipment. Progress continues to be made in the removal of PCB materials from Niagara Mohawk's equipment in the City. Additionally, as agreed, the utility appears to have ceased use or the Dewey Avenue site for any long term storage or PCB materials. Further, the utility is no longer bringing any PCB materials from outside the City to the Dewey Avenue site. The Environmental Management Commission sees no reason not to expect the continued progress required by the agreement, and will continue to monitor activity as requested by the Council. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Establishment Of City Hazardous Waste Remediation Coordinator Position EMC to Monitor Performance Item No. 217, C.C.P. 12/28/92 Item No. 218, C.C.P. 12/28/92 The Environmental Management Commission responds to Common Council referral of two items relating to the establishment of a City HazWaste Remediation Coordinator position and to the Council's request that the Commission monitor the performance of that position. The Commission notes that the "Recommendations or the Common Council Hazardous Waste Task Force" is a significant and broadly-focused document which describes a substantial range of problems confronting our City. These problems center around a variety of hazardous pollutants in sites which can pose costly obstacles to the continued development of Buffalo, which can threaten the well-being of the environment on which we are dependent, and which can endanger our health and the health of our children. It is clear to the Commission that these important problems merit sustained constructive attention. The Commission respectfully requests that, prior to establishing the position or HazWaste Remediation Coordinator and committing the financial support necessary, the City make a commitment to writing a detailed job description requiring a level of experience and technical expertise sufficient to allow the individual to fulfill the duties required and be an appropriate resource for the City. Additionally, if the Commission is to play a useful role in monitoring the activities or the Coordinator, then clear lines of authority should be worked out so as to insure maximum attention of the Coordinator to the job as described and to provide the position with the requisite authority to accomplish the tasks envisioned. Prior consensus among involved entities along the lines suggested will go a long way toward assuring success for the Coordinator's efforts. The Commission would be pleased to work with others toward that end. RECEIVED AND FILED. No. 12 Request City Ordinance on Junkyards Item No. 223, 12/22/92 The Environmental Management Commission responds to Common Council referral or a resolution regarding an ordinance regulating what are characterized in the referral as "junkyards". It is the Commission's view that appropriate scrap materials processing is a beneficent activity, and environmentally desirable. Such activity is distinct from the negative activities and environmental harm associated in image and practice with any sites which might more properly be called junkyards. The one should be encouraged just as strongly as the other should be discouraged. The Commission will be pleased to review the draft document according to the general standards noted above, according to the standards or the well-being of our City, and according to the standards of administrative workability. The Commission looks forward to the lead of the Division or Licenses in this regard. Since it is only today being provided with the existing draft or the proposed ordinance, the Commission regrets that it will be unable to provide final comments to your Honorable Body by the requested January 14 date. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 13 Environmental Hazard at Cargill Item No. 147, C.C.P. 1/5/93 The Environmental Management Commission provides a report as requested by the Common Council regarding the recent spill, during transfer, of flour into the air and neighborhood of a Cargill facility in the French Street vicinity. Flour is treated as a potential pollutant under terms or New York State law. In this case, a flour paste was ultimately created on surfaces in the neighborhood. Additionally, the potential exists for airborne flour to create respiratory difficulties, especially among susceptible individuals. Further, under ideally negative conditions, flour can be dispersed in air in such a way as to be explosive. Apparently, such a mixture did not develop in this most recent instance. After a previous similar instance, Cargill installed, at the request of the New York State Department of Environmental Conservation, a computerized spill warning system. In this instance, a power failure disabled the computerized system. The DEC states that it finds no fault with Cargill in this instance and has not mentioned any suggested modifications to the system. It would seem reasonable, however, that a power failure warning system could be installed at very modest cost. This would alert operators and cause them to give flour transfer the human care it may have received before over-reliance on the computer system developed. Such a warning system should be part of DEC's requirements for Cargill, and should be requested of DEC. Regarding Cargill's promise to clean in the French Street neighborhood, the Commission awaits both a promised report to the City by Cargill and the opportunity to view the area in the absence of snow cover. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 14 Certificate Of Necessity Transfer of Funds Appropriation Allotments - General Services General Services- Capital Outlay 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 $1,667 be transferred and reappropriated from Appropriation Allotments - Division of Purchase, 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, January 12, 1993 RECEIVED AND FILED. No. 15 Certificate of Necessity Transfer of Funds Capital Projects Fund Budget and Management Engineering We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $7,500 be transferred and reappropriated from the Capital Projects Fund - Budget and Management - Planning for Capital Projects account, 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, January 12, 1993 RECEIVED AND FILED. No. 16 Certificate of Necessity Transfer of Funds Capital Projects Fund Budget and Management 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 $21,850 be transferred and reappropriated from the Capital Projects Fund - Budget and Management - Planning for Capital Projects account, 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, January 13, 1993 RECEIVED AND FILED. No. 17 Certificate of Necessity Transfer of Funds Capital Projects Fund Budget and Management and Division of Development 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 sums of $39,353.40 and $56,646.60 be transferred and reappropriated from the Capital Projects Fund - Budget and Management - Planning for Capital Projects account and the Capital Projects Fund - Division of Development - Squaw island Remediation Project account, respectively, 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, January 13, 1993 RECEIVED AND FILED. No. 18 Interfund Cash Loan Due to changes in the Internal Revenue Code enacted in 1986, I have had to develop new procedure to implement the financing of the Capital Improvements Budget. One of these procedures is an interfund loan from the City General Fund to the City, Board and Enterprise Capital Projects Funds. The interfund loan will then be repaid when Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance various projects and we will not reenter the bond market until more projects have requested funding. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $541,200 for the Purchase of Police Vehicles. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap. Proj. 200-101-036 BAN/Bond Sale $541,200 Mr. Fahey moved: That the communication from the Comptroller, dated January 7, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $541,200 for the Purchase of Police Vehicles. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 19 Results of Negotiations 804 S. Division, N W Corner Lord Vacant Lot: 41' x 105' WL Assessed Valuation: $1,100 Item # 27, C.C.P. 9/1/92 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. & Mrs. Hugh Dennis Lafferty of 801 South Division, Buffalo, New York. They intend to build a garage to provide off-street parking on this parcel across the street from their home. They will be required to obtain a variance and a building permit. An independent appraisal of the property was conducted by Arrow Appraisal Service, Mr. Chester Zukowski, 3790 Broadway, Buffalo, New York 14227. He has estimated the fair market value to be Nine Hundred Dollars ($900.00). This represents about Twenty-Seven Cents (.27) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range between Fifteen Cents (.15) to Thirty-Nine Cents (.39) a square foot. The results of our negotiations are that Mr. & Mrs. Lafferty have agreed and are prepared to pay One Thousand Dollars ($1,000.00) which represents about Twenty-Three Cents (.23) a square foot. They have also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 804 South Division to Mr. & Mrs. Lafferty in the amount of One Thousand Dollars ($1,000.00) on condition that they obtain the necessary variance and permits. I am further recommending that Your Honorable authorize the Mayor to sign the required documents for the transfer of title. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Results of Negotiations 1004 Smith, W 240' S Paderewski Vacant Lot: 30' x 105' Assessed Valuation: $800 Item # 11, C.C.P. 11/12/91 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Ms. Betty Miller of 1006 Smith Street, Buffalo, New York. Ms. Smith was the former owner of the property. The property is improved with the driveway that serves Ms. Smith's home at 1006 Smith Street. The property was struck to the City for back taxes. Ms. Smith was unable to pay her taxes in 1988 due to illness and unemployment. An independent appraisal of the property was conducted by Mr. Paul Jones, 222 Swan Street, Buffalo, New York. He has estimated the fair market value of the property to be One Thousand Seven Hundred Dollars ($1,700.00). This represents about Fifty-Three Cents (.53) a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Ms. Betty Smith has agreed and is prepared to pay One Thousand Dollars ($1,000.00) for the subject property. She has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 1004 Smith Street to Ms. Betty Smith in the amount of One Thousand Dollars ($1,000.00). I am further recommending that Your Honorable authorize the Mayor to sign the required documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated January 11, 1993, be received and filed; and That the offer of Ms. Betty Miller of 1006 Smith Street, Buffalo, New York in the sum of $1,000.00 to purchase the property described as 1004 Smith, W 240' S Paderewski, Vacant Lot: 30' x 105', be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 21 Monthly Overtime Usage Report For information purposes, I am providing Your Honorable Body with the most recent Monthly Overtime Usage Report. This report reflects overtime usage by department as of 12/31/92. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 22 Component Unit Combined Financial Statements of the City of Buffalo Oversight Unit for the Fiscal Year Ending June 30, 1992 I hereby submit the report of the Component Unit Combined Financial Statements of the City of Buffalo Oversight Unit for the Fiscal Year ending June 30, 1992, by our auditors. Pursuant to amendments to Section 35 of the General Municipal Law, which took effect January 1, 1989, Your Honorable Body may, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to this report not later than ninety days after its receipt. This is to advise that a copy of the "Component Unit Combined Financial Statements of the City of Buffalo Oversight Unit for the Fiscal Year Ending June 30, 1992" has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. This report excludes the operations of the Board of Education and the Buffalo Urban Renewal Agency which will be reported in the Comprehensive Annual Financial Report (CAFR) to be issued separately at a later date. This report summarizes the results of operation of the City of Buffalo General Fund, which were previously announced by the Comptroller during October 1992. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Institute System For Abating Charges In response to Your Honorable Body's above referenced resolution, please be advised that my office, in cooperation with the Chief of Staff of the Common Council, have established a method for formalizing abatements. This process should obviate the potential for incorrectly dunning accounts receivable that have been abated, forgiven or negated by Council action. Recognizing that there are a wide variety of different situations, we make every attempt to scrutinize the validity of charges owed the City prior to commencing collection activity. Despite these safeguards there are bound to be occasions that are subject to dispute and possible mitigation. We trust that such disputes will be at a minimum. RECEIVED AND FILED. No. 24 Health Care Task Force Since becoming Comptroller nearly three years ago, I felt it was necessary to examine all aspects of City government, including health care coverage, to identify where savings could be realized if at all possible. In the course of routine inquiries regarding the health care system, several discrepancies surfaced which prompted this office to notify the Director of Labor Relations Michael McKeating. It was jointly agreed that an immediate audit and review of procedures take place. Preliminary indications showed that the City may have been overpaying premiums for medical coverage at alarming proportions. Although the audit has not officially been completed, a preliminary review of procedures indicates a lack of coordinated communications, oversight and follow up between City departments with respect to who is entitled to medical benefits, what type and for what duration have caused the overpayments for current employees and retirees. Already, substantial staff time has been devoted to the monumental task of auditing the City's health care procedures and records. Our audit intent is to focus on the discrepancies and weaknesses in the system to help establish and report appropriate health care coverage for those entitled. This office is working closely with the Administration, the Department of Labor Relations and all City departments to insure such lapses do not occur again. I suggest that the Common Council delay the formation of a Health Care Task Force until completion of the audit so as to properly decide the direction of health coverage based on more complete and accurate information. At such time, it may be necessary for the proposed Task Force to study and determine such health related topics as the reorganization of the Department of Labor Relations to manage all aspects of health benefits, an option to privatize the management of those benefits or a cost analysis for self insurance of health care for City employees and retirees. REFERRED TO THE COMMITTEE ON FINANCE AND THE COUNCIL PRESIDENT. No. 25 Certificate of Appointment Appointment effective January 11, 1993 in the Department of Audit & Control, Division of Date Processing, Karen Giancarlo, 218 Carmel Road, Buffalo 14214, to the position of Senior Date Processing Equipment Operator, Provisional at the starting salary of $24,213. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 26 Annual Reports P.I.L.O.T. Agreements Item No. 188, C.C.P. 09-15-92 This annual report is written as directed by C.C.P. No. 188 dated September 15, 1992, "Annual Reports P.I.L.O.T. Agreements." I am notifying Your Honorable Body that the following P.I.L.O.T. agreements are unpaid as of their due date of December 31, 1992. The attached list of unpaid P.I.L.O.T. agreements was prepared on January 12, 1993. Since the Erie County Industrial Development Agency is empowered to enforce P.I.L.O.T. Agreements, I have notified Dr. Ronald W. Coan of the E.C.I.D.A. that his agency should pursue collection of these unpaid P.I.L.O.T.S. on behalf of the City of Buffalo and to keep me informed on a regular basis of his progress. The following City officials were also notified in this matter: Mayor James D. Griffin, Comptroller Joel A. Giambra and Council President George K. Arthur and Corporation Counsel Laurence Rubin. I will keep Your Honorable Body informed on a regular basis of Dr. Coan's progress in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PUBLIC WORKS No. 27 Notification Serial # 8274 STOP In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item of business. That that part of Section 11 Subdivision 9 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the STOP INTERSECTIONS following: VEHICLES ON SHALL STOP BEFORE ENTERING Owahn Pl. Prenatt St. RECEIVED AND FILED. No. 28 Monthly Report Of Licenses Issued December 1992. I am respectfully submitting the enclosed report of licenses issued in the month of December 1992 by the Division of License. RECEIVED AND FILED. No. 29 Cancellation of a Collection Agency Bond Nationwide Credit, Inc. It is hereby certified that the following bond is hereby canceled as of January 11, 1993 because Nationwide Credit, Inc. has furnished this office with a replacement Bond for said business. Bond Principal: Nationwide Credit, Inc. By: Westchester Fire Insurance Agency Amount: $5,000 Bond # 610 192740 6 Said bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the Charter as amended. RECEIVED AND FILED. No. 30 Cancellation of a Sign Business Bond for Creative Design & Signage It is hereby certified that the following bond is hereby canceled as of January 11, 1993 because Creative Design & Signage Company is no longer in business in the City of Buffalo. Bond Principal: Lisa Marvin d/b/a Creative Design & Signage By: Western Surety Company Amount: $10,000 Bond #: 42178712 Said bond described is hereby released and cancel led as to future liability in accordance with the provisions of Section 47 of the Charter as amended. RECEIVED AND FILED. No. 31 Extension Of Contract City Contract No. 91676100 New Custom Steel Door - Col. Ward Pumping Station In accordance with the terms of the contract between the City of Buffalo and Nichter Associates, Inc. for work relating to the Installation of New Custom Door at the Col. Ward Pumping Station, City Contract No. 91676100, this office has received a second request for an extension of time. The original completion date was November 19, 1992. As reported in Item No. 19 of Common Council Proceedings dated November 10, 1992, an extension of contract was granted to December 28, 1992. At this time the actual door is ready for shipment but is being delayed by the late delivery of necessary hardware needed to complete the door. The supplier on this project, Hope's Architectural Products, is experiencing difficulty in obtaining the special leaf hinges from Stanley, an out of State company. The delivery date from Stanley is set for December 23, 1992 making it impossible to complete installation by December 28, 1992 as previously granted. Accordingly, I have granted an extension of time in the contract with Nichter Associates, Inc. The extension of time is granted with the understanding that the City reserves the right to liquidated damages or other possible claims against the contract resulting from the extension of this contract by the City of Buffalo. The new completion date for this contract is January 31, 1993. RECEIVED AND FILED. No. 32 Extension of Time New Athletic Fields Tifft Farms In accordance with the terms of the contract between the City of Buffalo and Buffalo Creek Landscape, Inc. C-91672100, the work should have been completed by November 4, 1992. Due to a delay in delivery of light poles from electrical contractor, this contractor could not complete the work of this project on time. This is the second extension of time on this project. I have granted an extension of time to May 31, 1993 to Buffalo Creek Landscape to complete the work of their contract on time. RECEIVED AND FILED. No. 33 Permission to Prepare Plans & Specifications And Advertise Proposals for Street Resurfacing Contracts, Various Streets City of Buffalo I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for street resurfacing contracts, various streets in the City, as specified below: 1. Repair to City Pavement - 1993 2. Resurfacing of City Pavements - 1993 3. Resurfacing of City owned Street facilities - 1993 4. Repair to City Sidewalk - 1993 5. Repair to City curbs - 1993 6. Heater/Scarifying of City Pavements - 1993 Funds for these projects will be available in Capital Projects Funds # 200-401-507-00-000. Mr. Fahey moved: That the communication from the Department of Public Works, dated January 12, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise for sealed proposals for street resurfacing contracts, various streets in the City, as listed in the above communication, with said costs to be charged to Capital Projects Fund #200-401-507-00-000. ADOPTED. No. 34 Emergency Roof Repair Memorial Auditorium Severe Wind Storm Damage On November 12 and 13 of 1992, Memorial Auditorium suffered extreme roof damage during a severe wind storm. Immediate emergency repairs had to be performed to get the Aud's roof in a watertight condition and to secure the existing and loose roof membrane in place so that scheduled events at the Aud could safely go on. Grove Roofing, 157 Reading Street, Buffalo, New York 14220, was ordered by the Department of Public Works to immediately perform these aforementioned repairs. Total cost of the repairs is $13,795.69 and funds are available in the Department of Public Works, Division of Buildings. RECEIVED AND FILED. No. 35 Emergency Brine Piping Repair Riverside Ice Rink On November 16, 1992 Robert Ulrich, Supervisor of Rinks and Pools, was informed that pressure was being lost in the brine piping that refrigerates the Riverside Ice Rink. Davis Refrigeration, 120 W. Tupper Street, Buffalo, New York 14201, was called in on an emergency basis to repair the aforementioned brine piping as soon as possible. Total cost for the repairs is $5,732.08 and funds are available in the Department of Public Works, Division of Buildings. RECEIVED AND FILED. No. 36 Emergency Repair -South Park Lift Bridge-Bearings Only This is to advise your Honorable Body that I have received bids for the bearings only for the emergency repair at the South Park Avenue Lift Bridge. There are two individual bearings that are necessary to complete this project; I have asked for bids on a per bearing basis. The following bids were received: COMPANY PART NUMBERS TOTAL COST U3620G U1075G I.B.C. International Inc. $42,084 $49,463 $91,547 Bruening Bearings Inc. $42,400 $50,330 $92,730 Buffalo Bearings Inc. $43,687 $51,840 $95,527 I hereby certify that the lowest responsible bidder for the above project is I.B.C. International Inc., thereof to be charged to Account 200-401-075 and 200-401-021 in an amount not to exceed $91,547, plus approved incidentals not to exceed $9,155. This communication is for informational purposes only. RECEIVED AND FILED. No. 37 New South District Police Station 1847 South Park Avenue I advertised for on December 15, 1992 and received the following sealed proposals which were publicly opened and read on December 29, 1992: General Construction Work BRD Inc. $337,880.00 Gianadda Construction 341,150.00 Nichter Construction 349,400.00 Clarence Associates 362,485.00 Hadala Construction 370,000.00 Concept Construction 370,500.00 BSC Construction 372,287.00 KBCC, Inc. 378,000.00 Wilsandra Construction 384,444.00 Baker Development 392,600.00 Higgins-Kieffer, Inc. 396,463.00 Gerald T. Stay Co. 399,940.00 Allgaier Construction Corp. 406,390.00 Allstate Maintenance 413,000.00 LCP Construction 441,560.00 L.G.T. Construction 510,000.00 Plumbing Work Sparks Plumbing & Htg. 82,350.00 Ackerman & Huebsch Inc. 98,222.00 Kandey Co. ,Inc. 98,496.00 NuMarco, Inc. 101,600.00 Joe Carino, Inc. 112,589.00 W.C. Roberson Plmbg & Htg 114,900.00 Matthew Kandefer, Inc. 119,385.00 Heating & Ventilating Work W.C. Roberson Plmbg & Htg 43,744.00 BH Refrigeration 55,500.00 Kellner Mechanical 57,700.00 Joe Davis, Inc. 61,970.00 Vastola Htg & Air Conditioning 63,220.00 Buffalo Sheet Metals, Inc. 63,321.00 Colgate Heating Corp. 74,999.00 Sparks Plmbg & Htg. 85,400.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction Work - BRD, Inc. in the amount of $337,880.00. Plumbing Work - Sparks Plumbing & Htg in the amount of $82,350.00. Heating & Ventilating Work - W.C. Roberson, Inc. in the amount of $43,744.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-009 Division of Buildings. Total estimate for this work was $550,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated December 30, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for general construction work to BRD, Inc., the lowest responsible bidder in the amount of $337,880.00; plumbing work to Sparks Plumbing & Htg. in the amount of $82,350.00 and heating and ventilating work to W.C. Roberson, Inc. in the amount of $43,744.90, with said cost to be charged against Bond Fund 200-402-009. Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 38 Bids Emergency Deck Repair Michigan Avenue Lift Bridge Item No. 19, C.C.P. 12/8/92 This is to advise your Honorable Body that I have received bids for the emergency deck repair of the Michigan Avenue Lift Bridge. In obtaining bids for the above mentioned project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Falgianno Construction Company $48,485 Nichter Associates, Inc. $57,749 Nichols, Long & Moore Construction Co. $63,954 I hereby certify that the lowest responsible bidder for the above project is Falgianno Construction Company, thereof to be charged to Bond Fund Accounts # CPF 200-401-075, 200-401-507 and 200-401-021 in an amount not to exceed $48,485, plus approved unit prices not to exceed an additional amount of $4,849. The engineers estimate for this work is $55,000. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if an award of the contract is not made by February 19, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated January 6, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for emergency deck repair of the Michigan Avenue Lift Bridge to Falgianno Construction Co., the lowest responsible bidder in the amount of $48,485.00, plus approved unit prices not to exceed an additional amount of $4,849.00, with said cost to be charged against Bond Fund Accounts # CPF 200-401-075, 200-401-507 and 200-401-021. PASSED. AYES- 13 NOES- 0. No. 39 Change Order # 1 - Emergency Repair to the Buffer System Ohio Street Lift Bridge Item No. 54, C.C.P. 9/1/92 As authorized in Item # 54, CCP of 9/1/92, we have started the emergency repairs to the bumper system of the Ohio Street Lift Bridge. After visual inspection of the bumpers removed from the Buffalo River, it was determined we would not be able to salvage all the bumpers originally anticipated. I, therefore, request your Honorable Body approve the following change in contract for the above mentioned project. Additions $61,670 Deductions $14,280 Net Add $47,390 (See attached breakdown) Funds for this work are available in the Division of Engineering Accounts # 200-401-084 and # 200-401-546. Mr. Fahey moved: That the communication from the Department of Public Works, dated January 13, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order # 1 to T. Paul Jansen, Consulting Engineer, changes resulting in a net increase in the amount of $47,390.00, as more fully described in the above communication, for additional work relating to emergency repair to the bumper system of the Ohio Street Lift Bridge. Funds to be charged against the Division of Engineering Accounts # 200-401-084 and # 200-401-546. PASSED. AYES- 13 NOES- 0. No. 40 Reduction in Retention New Athletic Fields Tifft Farms Construction of the New Athletic Fields at Tifft Farms is 98% complete. The General Contractor Buffalo Creek Landscaping, Inc. C-91672100 is requesting that we lower his retention from 10% to 2 1/2%. This request is recommended by the Architects office also. It is respectfully requested that Your Honorable Body authorize the reduction in retention from 10% to 2 1/2% for the above contract. Mr. Fahey moved: That the communication from the Department of Public Works, dated January 4, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to grant a request for a reduction in retention for New Athletic Fields, Tifft Farm to General Contractor Buffalo Creek Landscaping, Inc. C-91672100 from 10% to 2 1/2%. PASSED. AYES- 13 NOES- 0. No. 41 Permission To Enter Into An Agreement For Federal-Aid Project For The Leroy Avenue Bridge Over Conrail - BIN 2-26058-0 I hereby request permission from your Honorable Body to enter into an agreement with the New York State Department of Transportation to replace the Leroy Avenue Bridge over Conrail. The State of New York shall design, prepare bids, and provide construction inspection for this project. The Project will be funded 80% by the Federal Government. The approximate cost to the City of Buffalo will be $335,700. Funds for the City share will be available when bonds are sold. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Permission to Enter into an Agreement for the Reconstruction of the Ohio Street Bridge Over Conrail Tracks - PIN 5753.63 BIN 2-26062-0 Attached please find an agreement with the State of New York Department of Transportation for the above mentioned project. I hereby request permission from your Honorable Body to allow the Mayor to enter into an agreement with the New York State Department of Transportation to reconstruct the Ohio Street Bridge over Conrail tracks. Funds for the City share of this project will be available in Division of Engineering Accounts when bonds are sold. Mr. Fahey moved: That the communication from the Department of Public Works, dated January 8, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to enter into an agreement with the New York State Department of Transportation for Reconstruction of the Ohio Street Bridge over Conrail Tracks. Funds for the City's share will be available in Division of Engineering Accounts when bonds are sold. PASSED. AYES- 13 NOES- 0. No. 43 Permission to Hire an Appraiser - Michigan Avenue Bridge Over Exchange Street and Conrail The Department of Public Works has been discussing the removal of the Michigan Avenue Bridge over Exchange Street and Conrail with the State Department of Transportation. As part of our discussions, the State has requested that the City conduct a study and appraisal of the area around the bridge to determine if the bridge is a hindrance to commercial development in the area. To accomplish this we asked the Division of Real Estate to solicit proposals for the study. We, therefore, ask your Honorable Body to authorize the Comptroller's Office to enter into a contract with an appraisal firm to conduct a study and appraisals of the area around the bridge. Funds for this study are available in the Division of Engineering Account # 200-401-023. Mr. Fahey moved: That the communication from the Department of Public Works, dated January 13, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to enter into a contract with an appraisal firm to conduct a study and appraisals of the area around the Michigan Avenue Bridge over Exchange Street and Conrail. Funds for this study are available in the Division of Engineering Account # 200-401-023. PASSED. AYES- 13 NOES- 0. No. 44 Permission to Engage Consultant Electrical Plans and Specifications South Buffalo Police Precinct I respectfully request Your Honorable Body's permission to engage an Electrical Consultant to prepare plans and specifications, advertise and receive sealed proposals for the electrical work at the new South Buffalo Precinct. Funds for this project are available in Capital Project Fund 200-402-009. Mr. Fahey moved: That the communication from the Commissioner of Public Works dated January 12, 1993 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant engineer to prepare reports, plans and specifications and to advertise for bids for electrical work at the new South Buffalo Precinct with said cost to be charged to Capital Project Fund 200-402-009. PASSED. AYES- 13 NOES- 0. No. 45 Status Report Tifft Street Bridge P.I.N. 5752.78.121 Item # 148, C.C.P., 11/24/92 In regards to Resolution # 148 of November 24, 1992, the following is the City Department of Public Works Status Report for the Tifft Street Bridge Over Various Railroads -P.I.N. 5752.78. 121. Design - New York State Department of Transportation "pre-advanced plans" dated October 13, 1992 are available for review in Room 501 City Hall. Funding - The current estimate for construction and construction inspection is $18.451 Million. The non-federal portion, 20% of $18.451 Mil which equals $3.690 Mil., must be funded by the City of Buffalo. Attached please find the letter from Commissioner Comerford outlying the City of Buffalo's financial intent. Property Acquisition - City Real Estate. Property appraisals for the necessary parcels will be ready by the end of December 1992; will start negotiations in January of 1993. City Law Department - As of December 7, 1992 has taken bids and is in the process of hiring a firm to compile the title reports. Construction Schedule - Tentative bid date - May of 1993. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Restaurant/Dancing Class IV 2987 Bailey Avenue Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class IV located at 2987 Bailey Avenue and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class IV License is being sought and according to the attached reports from the Fire Department, Zoning Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Essie Scales. The Police Department's approval is attached hereto. In consideration of the application of: Essie Scales D/B/A Kilimanjaro 2987 Bailey Avenue Buffalo, New York This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE KEN/BAILEY BLOCK CLUB. No. 47 Installation of Public Telephones Within City Right Of Way Item # 141 of January 5, 1993 New York Telephone entered into a Franchise Agreement with the City on December 2, 1901, which allows them to place public telephones within city right of way provided they obtain the appropriate permits and/or licenses. The above mentioned Franchise Agreement does not require Common Council approval for the placement of phones within City right of way. Placement of said phones is subject to approval by the Commissioner of Public Works. The Franchise Agreement also clearly states (page 1944, second condition) that it does not grant exclusive right to New York Telephone or prevent the grant of similar privileges to other individuals or companies. Therefore, it is the opinion of this Department that the agreement reached between Western New York Communications and the City (#111 of June 9, 1992) should be amended to delete Common Council approval of additional phone locations but require approval by the Commissioner of Public Works. REFERRED TO THE COMMITTEE ON FINANCE. No. 48 Recycling Update Item No. 142, C.C.P. 01/05/93 In the above referenced item, Your Honorable Body has requested an update on the amount of recycled material picked up since the change in schedule that went into effect on December 7, 1992. Please be advised of the following: 12/07/92 thru 12/31/92: 7.85 tons/day average of cans, glass and plastic 42.45 tons/day average newspaper, corrugated magazines, catalogs and boxboard 10/26/92 thru 11/25/92 7.57 tons/day average of cans, glass and plastic 42.69 tons/day average newspaper, corrugated, magazines, catalogs and boxboard 12/09/91 thru 12/31/91: 4.72 tons/day average of cans, glass and plastic 35.37 tons/day average newspaper and corrugated We trust that this is the information requested. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 49 Certificate of Appointment Appointment effective January 11, 1993 in the Department of Public Works, Division of Water, Marilyn Cumming, 64 Rejtan Street, Buffalo, New York 14206, to the position of Senior Clerk, Temporary ,at the starting salary of $ 20,742. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 50 Strengthen Laws on Tire Transportation/Disposal Cultural Sensitivity - Police Officers Item # 185, C.C.P. December 22, 1992 Item # 190, C.C.P. December 22, 1992 This resolution reads very well regarding the enforcement of the transporters of used tires. I strongly feel that we must go much further and must start regulating the junkyards and the people that sell new tires. Regulating the handlers of tires is sort of "after the fact". If you would like to discuss this further, please do not hesitate to contact my office and I will make arrangements to discuss this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 51 Initiate Recovery of Medical Insurance Payments Item No. 186, C.C.P. 12/22/92 You have requested this office initiate the recovery of medical insurance overpayments and to file a report on the course of action to be taken to accomplish said recovery. Our investigation into the matter revealed that the Division of Budget and Labor Relations have been reviewing the issue of medical insurance overpayments in conjunction with the report issued by the Buffalo Financial Planning Commission. A number of meetings with representatives of the health insurance carriers have been held to arrange for the reimbursement of the subject overpayments. Upon completion of said discussions, this office will advise if the commencement of any litigation is warranted. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 52 Correct Dollar Amount of Sale of 418 Northampton Item No. 78, C.C.P., 10/27/92 Item No. 24, C.C.P., 9/15/92 Please be advised that due to a clerical error the correct amount of the sale of 418 Northampton Street should be $3,000.00 (Three Thousand Dollars) instead of $6,000.00 (Six Thousand Dollars). Mr. Fahey moved: That the communication from the Corporation Counsel, dated January 14, 1993, be received and filed, and That the sale price for 418 Northampton Street, incorrectly described as $6,000 in Item No. 78, C.C.P., Oct. 27, 1992, be and hereby is corrected to the properly negotiated amount of $3,000. PASSED. AYES- 13 NOES- 0. No. 53 Extend Health Care Benefits for Cotter Personnel Item No. 40 C.C.P. 12/8/992 The Director of Labor Relations has informed me that the health care benefits for the Cotter personnel have been extended and are now in effect. An agreement is presently being negotiated which will resolve the matter on a long term basis. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Report of Audit - COBRA (Item No. 26, C.C.P. 12/23/92) The Director of Labor Relations has informed me that he has filed a detailed response to the referenced report of audit. The Department of Law will respond if necessary upon our review of the Director's submission. REFERRED TO THE COMMITTEE ON FINANCE. No. 55 Zoning Correction 104 Lewis Street Item No. 146, C.C.P., 1/5/93 As this Office advised on December 17, 1992, the better course of action in this matter would be for the applicant to reapply, this time for the correct R-5 Zoning. Alternatively, the applicant could ask for a rehearing or reconsideration and amend the application. The City Clerk is responsible for scheduling the hearing and for publication and notification. The issue of the granting of the rehearing or reconsideration would be up to the City Clerk, as would the matter of the fee. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 56 M. Rolfe Protest Music/Dancing License 530 Rhode Island Item No. 75, January 5, 1993 This communication consists of a petition signed by neighborhood residents who are concerned about excessive noise and various other problems having to do with the Essex Street Pub, 530 Rhode Island. The Captain of the local police precinct and the Director of Licenses should be able to supply information about this particular establishment If you have a specific legal concern this department will be happy to advise you. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 57 Crossroads Urban Renewal Plan SEQR Lead Agency Designation Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is a Type I action. As per Section 616.6 of the regulations, a Lead Agency responsible for determining the effect of the action on the environment must be designated from among the involved agencies within 30 calendar days of the date of this letter. The Department of Community Development proposes to assume Lead Agency status for this project and respectfully requests the Council's consent to this designation. The project Environmental Assessment Form (EAF - long version as per 617.6) is enclosed for your review. In addition, this Lead Agency request was submitted to all the other involved agencies listed on the attached sheet. If the Buffalo Common Council has no objections to the designation of the Department of Community Development as Lead Agency, please sign this letter and return it to the Department at Room 920, City Hall, Buffalo, New York 14202. The Buffalo Common Council accepts and approves of the designation of the Department of Community Development as Lead Agency for the above-referenced project. REFERRED TO THE TASK FORCE ON AUDITORIUM-STADIUM. No. 58 SEQR Review for Downtown Arena Item # 245, C.C.P., December 22, 1992 This communication is intended to respond to the above referenced item and briefly outline work activity between the City and Buffalo Sabres relative to the proposed Crossroads Arena. The City and Sabres have been meeting on a weekly basis to coordinate work assignments. A schedule of critical events has been developed that addresses the need to prepare an Environmental impact Statement (EIS) and an amended Waterfront Urban Renewal Plan. This schedule included designating the Department of Community Development as the lead agency for SEQR purposes. A scope of services has been developed for a Request for Proposals (RFP) for a private consultant to prepare the EIS and amended urban renewal plan. The RFP's were mailed to nine consulting firms on 13 January 1993, with a deadline for proposals scheduled for 25 January 1993. A committee of City/Sabres representatives will short-list, interview and recommend one firm between January 26, 1993 until February 7, 1993. I am proposing this committee include the following individuals: Commissioner of Public Works David P. Comerford President - BEDC Charles F. Rosenow Project Coordinator (CD) David DiSalvo Asst. Environmental Prg.Coord (CD) Gregory Bernas Crossroads Arena Corp. Executive Vice President Larry Quinn Comm. of Community Development Samuel F. Iraci, Jr. Majority Leader- Common Council Hon. Eugene Fahey Chairman-Auditorium and Stadium Task Force Hon. James W. Pitts The recommended firm will be submitted to the Council for its review and approval during its meeting of 9 February 1993. Because the Council will be fully represented on this Committee and because the work schedule is extremely tight, it is important that a consultant be hired by the 9 February date. In the interim, this office is readily available to answer any questions the Council may have. REFERRED TO THE TASK FORCE ON AUDITORIUM-STADIUM. No. 59 Urban Renewal Plan Site Designation for Additional Phase to the Waterfront Redevelopment Project Urban Renewal Plan (Crossroads Site) On October 22, 1963, the Common Council approved "Waterfront Redevelopment Project Urban Renewal Plan" as a way to plan and control development on the waterfront for a period of 50 years (C.C.P. No. 2). Based on recent proposals regarding a large-scale, economic development project, which includes the construction of a new sports and entertainment complex, it has been determined that in the best interest of the City, it would be advisable to expand the existing boundaries of the Waterfront Urban Renewal Area. This additional land area will be treated as a separate and distinct phase of the existing Urban Renewal Plan and will be known as the "Waterfront/Crossroads Redevelopment Area". The proposed project area is located within the 22+/- acre area bounded by Perry, Washington, and Scott Streets on the north, Main Street on the west, Columbia Street on the east, and South Park Avenue on the south (see attached map). The Site Designation, which is the first step in the urban renewal planning process as required under Subdivision 3 of Section 502 of Article 15 of the General Municipal Law, will allow the Department of Community Development to conduct a detailed inventory of the buildings and infrastructure to determine the degree of blight and substandardness. Past inventories have shown the condition of the area to be blighted to the degree that the public and private redevelopment efforts of properties in and around the study area have been significantly impaired. The next step is the preparation of the plan amendment that will address the boundary extension, land use and building regulations, and a program of clearance, rehabilitation, planning, and new construction. The adoption of this amendment to the Waterfront Urban Renewal Plan will allow for the construction of a new, 630,000 square foot, major league sports and entertainment complex. The project will also include the following: acquisition of twenty-eight parcels of property; demolition of seventeen buildings; installation (or improvement) of public utilities; public improvements, such as repair, replacement, construction of new roads, curbs, sidewalks; new outdoor lighting; landscaping; construction of parking for approximately 1,500 vehicles. In order to accomplish the project as outlined above, it is respectfully requested that your Honorable Body review and approve the site designation for a new "Waterfront/Crossroads Redevelopment Area" phase to the Waterfront Urban Renewal Plan. REFERRED TO THE TASK FORCE ON AUDITORIUM-STADIUM. No. 60 Request Development Of City Property Hazard Evaluation Program. Request Planning Process For The Use of Delisted Sites Item No. 220, C.C.P. 12/22/92 Item No. 221, C.C.P. 12/22/92 The Department of Community Development has reviewed the report "if Not Now. When? Recommendations of the Buffalo Common Council Hazardous Waste Task Force". This report focuses on important problems relating to land contamination in Buffalo, and makes many useful suggestions. With regard to the Common Council referral of the "Reports" recommendations that a Property Hazard Review Committee be established and concomitant information be gathered, this Department is already carrying out, for activity in its purview, the function that the Committee is seen as developing. The Planning Board and Environmental Management Commission, and other reviews of Departmental projects, utilize SEQRA and are attentive to issues of site contamination. Generally speaking, the creation of an alternate and even more elaborate site review process would add very little protection for projects and citizens, and create unneeded activity. We would be pleased, however, to evaluate any specific suggestions which might point out weaknesses of which we are unaware in the existing process, and to work where necessary toward corrective action. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF STREETS No. 61 Info- Appt Truck Driver Item # 36, C.C.P. December 8, 1993 In the above referenced item, Your Honorable Body has requested the reason why Frederick Napierala and Matthew J. Rainero are being appointed to the maximum salary level for the position of truckdriver in the Streets Department. Please be advised Frederick Napierala and Matthew J. Rainero previously worked for the Buffalo Sewer Authority and were laid off. It was at this time they were placed on the Civil Service Preferred List. Their salary was $11.69 per hr. compared to the maximum in the Streets Department at $10.93 per hr. We trust this is the information you have requested. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 62 Report of Emergency Bid for the Demolition of 817 Perry Street Due to the very serious and hazardous condition of the fire-damaged building located at 817 Perry Street, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on January 11, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 817 Perry Street Maplewood Construction Tyrone Trammell & $3,666.00 Steve Bartee 817 Perry Street Buffalo, New York Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 63 Valley New Housing Project Amendment to Land Disposition Agreement Burke Brothers Construction, Inc. The City of Buffalo Urban Renewal Agency duly designated Burke Brothers Construction, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 64 Fillmore In-Fill New Housing Project Approval of Land Disposition Agreement SMT, Inc. The City of Buffalo Urban Renewal Agency duly designated SMT, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 65 Virginia Street New Housing Project Amendment to Land Disposition Agreement Atkins Construction Corp. The City of Buffalo Urban Renewal Agency duly designated Atkins Construction Corp., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 66 Niagara District New Housing Community Wide Urban Renewal Program West Side NHS, Inc., Redeveloper The City of Buffalo Urban Renewal Agency duly designated West Side NHS, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 67 Commit To Adequate Funding Of Hazardous Waste Site Cleanup And Request Mayor To Respond Item No. 219 C.C.P. 12/22/92 Your honorable body should be commended on your aggressive approach to address hazardous waste site cleanup. Special commendation should go to Councilmember Higgins for his tireless efforts in this endeavor. Any funding for hazardous waste cleanup will be handled through the normal budget process. Each request for hazardous waste cleanup from a department will be reviewed by this office before a determination as to the level of funding necessary for the stated purpose. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 68 Drug Trafficking in the City of Buffalo Res. # 206, C.C.P. December 22, 1992 Drug trafficking continues to be a major concern for the Division of Substance Abuse Services. Realizing the concerns of our community, the Division initiated the Chemical Abuse Assessment Team in Buffalo City Court. Our major priority is to assess the increasing number of individuals arrested for drug possession and trafficking. Counselors are present every day, intervening during arraignment procedures to provide assessment, treatment and education as an alternative to crime and incarceration. During 1992, more than 1,700 individuals arrested on criminal charges were interviewed by our Chemical Abuse Assessment Team program and offered alternative options. Admissions to the Division of Substance Abuse Services program in 1992 totalled 852, which was up 41% from our previous year's total of 606. Counseling sessions during that same period increased from 6,000 to nearly 10,000, which was up 40%. To insure quality of services, the Division's intake/ evaluation component was decentralized to our five community based clinics. This affords a potential client the opportunity to receive services immediately and make them easier to obtain. The City of Buffalo BMHA/HUD project operates three community based satellite locations within the housing projects. Our goal is to improve the quality of life for tenants through education, intervention, prevention treatment and recreational programming. Another highly successful program has been the Division's BMHA/HUD Project late night basketball league servicing more than 200 youth and their families. The league effectively kept at risk youth off the streets during peak crime hours. The Division is also working with the U.S. Attorney's office on Operation Weed and Seed, offering outreach, assessment, evaluation and linkage for targeted neighborhoods hard hit by the drug trade. In addition, we have also taken an active role in the Erie County Committee of Alcoholism and Other Substance Abuse Professionals to intensify prevention programs with other State agencies and the Buffalo Board of Education. Please note that our past efforts and future goals are in direct philosophy with that of President Elect Bill Clinton and his new National policy on drugs. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF GENERAL SERVICES No. 69 Certificate of Appointment Appointment effective January 12, 1993 in the Department of General Services, Division of Inventory & Stores, James P. Riordan, 122 Melrose Ave., Buffalo, 14220, to the Position of Tire Mechanic, Permanent, at the starting salary of $22,110. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF EDUCATION No. 70 Substitute Teacher's Handbook Enclosed are the handbook for substitute teachers, an application and information forms required of candidates. The handbook discusses equal opportunity qualifications, assignments, telephone numbers and addresses, pay rates, paychecks, fringe benefits, the work day, and release calls and offers specific suggestions for performance. The applications are self-explanatory. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 71 Request to Amend the City Charter Allowing the Board of Education to File its Budget With Mayor by April 1st. Whereas The City the Buffalo Charter now requires the Buffalo Board of Education to present its requested appropriation to the Mayor by February 1st of the calendar year; and Whereas the Staff of the Board are now in the process of formulating a new budget document format and presentation, in cooperation with the staff of the Greater Buffalo Development Foundation and a volunteer citizen task force. The document expected will yield much clearer information about the budget request for both city leaders and the public at-large. Task force and staff discussions have focused on a prototype document which is based on an award-winning Alexandria, Virginia school budget document; and Whereas to put this prototype document into use will require a few more months work on the part of Board Staff. The Superintendent has committed to using the format of the new document for the annual budget discussion of the Board itself later in the year; and Whereas in addition, realistic budget revenue predictions, based on dialogues with State government leaders and State Department of Education staff do not occur this early in the year. The Governor has just made his State of the State presentation to the Legislature and his Budget request is still some weeks off. State budget action is not required of the Legislature until March 31st of the year, thereby, leaving the Buffalo Board of Education in an unsure situation of what its revenues, in early January, for the next school year some six months off, should reasonably be estimated at; and Whereas historically, the Board of Education has been at a severe disadvantage in presenting a factual and precise budget request to the Mayor without an accurate sense of what revenues the State actions will yield. A citizens task force formed by the Common Council, the so-called Higgins Commission, recognizing this disadvantage recommended, after months of study, moving the required date for submission of the school board budget request to a later date; and Whereas since the extension of the budget request submission to the Mayor will result in a more readable, accurate and user-friendly document and will reflect much more substantive information on the allocations and formulae of New York State Education assistance; Therefore, be it resolved that the Buffalo Board of Education requests the Common Council of the City of Buffalo to amend the City Charter to require submission of the Board's requested allocation and supporting documentation for its work to the Mayor of the City on or by April 1st of the year, effective this year; And further, be it resolved that this resolution requesting action by the Common Council be submitted to each Council member, the Corporation Counsel, the Commissioner of Administration and Finance and the City Clerk in an expeditious manner so that action on this request may be considered at their earliest convenience. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR - 1. FROM THE CITY CLERK No. 72 Notice of Hearing- Pursuant to Chapter 286, Name Roetzer St. Playground Edward (Eddie) Dawson Playground" (No. 214, C.C.P., December 22, 1992) I hereby inform you that a public hearing has been set before the Common Council at its regular Meeting on January 19, 1992, at 2:00 P.M. in the Council Chambers, in connection with its intention to name Roetzer Street Playground Edward (Eddie) Dawson Playground 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. 73 Hearing - Item No. 214, C.C.P., December 22, 1992 Name Roetzer St. Playground Edward (Eddie) Dawson Playground Mr. Fahey moved that the above Item is properly before the Common Council and the hearing be opened. Appearances -None. Mr. Fahey moved that the hearing be closed. Carried. Mr. Franczyk moved that after the required hearing by this Common Council, Roetzer Street Playground be named Edward (Eddie) Dawson Playground 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. Collins. PASSED. AYES- 13 NOES- 0. No. 74 Mayor Reported Out of State I transmit herewith a communication received from the Mayor, reporting his absence from the state, beginning January 9, 1993 and ending January 9, 1993. RECEIVED AND FILED. No. 75 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. Police - Internal Affairs RECEIVED AND FILED. No. 76 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Comptroller - Audit Human Resources - Substance Abuse RECEIVED AND FILED. No. 77 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: Public Works- Holly McNamara Community Development- Robert Roesler Street Sanitation- Richard J. Mauro, Romero Robinson, Richard Walczak Inspections and Community Revitalization- Raymond K McGurn Administration and Finance- Margaret Malkinski RECEIVED AND FILED. No. 78 Reports of Attendance 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 Buffalo Sewer Authority City Planning Board Emergency Medical Services Board Municipal Housing Authority RECEIVED AND FILED. No. 79 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 PUBLIC WORKS Appointment effective January 7, 1993 in the Department of Public Works, Division of Water, Anthony Haick, 153 West Delavan Avenue Buffalo, New York 14213, to the position of Water Service Worker, Seasonal at the starting salary of $6.02/hr. Appointment effective January 11, 1993 in the Department of Public Works, Division of Water, Scott Peoples, 154 Kenville Road, Apt. C, Buffalo, New York 14215, to the position of Water Service Worker, Seasonal, at the starting salary of $6.02/hr. Appointment effective December 31, 1992 in the Department of Public Works, Division of Buildings, to the position of Sr. 1st Class Stationary Engineer, Temporary, at the starting salary of $7.05/hr. Gregory G. Ford, 164 Alabama St., Buffalo 14204 Paul N. McNamara, 39 Payne Ave., Buffalo 14220 Bert E. Schroeder, 372 Woodward Ave., Buffalo 14214 FROM THE DEPARTMENT OF PARKS Appointment effective January 6, 1993 in the Department of Parks Kevin M. Czuprynski, 283 Weimar St., Buffalo 14206, to the position of Laborer II, Seasonal, at the starting salary of $ 6.65/hr. FROM THE DEPARTMENT OF POLICE Appointment effective January 7, 1993 in the Department of Police Patricia Baez, 164 Bird Ave., Buffalo, NY 14213, to the position of Civilian School Crossing Guard, Seasonal, at the starting salary of $ 5.49/hr. Appointment effective January 7, 1993 in the Department of Police to the position of Civilian School Crossing Guard TSAR, Seasonal at the starting salary of $ 5.49/hr Anna Marie George, 33 Kenefick Ave., Buffalo, NY 14220 Nancy Grzebielucha, 399 Bristol St., Buffalo, NY 14206 Susan Pappas, 48 Indian Church Rd., Buffalo, NY 14210 Appointment effective in the Department of Police to the position of Civilian School Crossing Guard, Seasonal, at the starting salary of $ 5.49/hr. Peggy Battaglia, 45 Saint James Pl., Buffalo, NY 14222 Paulette Counts, 52 Andover, Buffalo, NY 14215 Appointment effective December 28, 1992 in the Department of Police, Helen V. Panikowski, 112 Walter St. Buffalo, NY 14210, to the position of Report Technician, Contingent Permanent, at the starting salary of $ 19,346. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective January 12, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the starting salary of $6.65/hr. Peter J. Aramini, 260 Ludington, Buffalo, N.Y. 14206 Kevin G. Banes, 3 Indian Orchard Pl., Buffalo, NY 14210 Robert D. Bell, Jr, 197 Hughes, Buffalo, NY 14208 Mark J. Bonadonna, 135 Stratford, Buffalo, NY 14216 Thomas J. Chrosniak, 173 Sears, Buffalo, NY 14212 Leonard J. Merlo, 332 Grant St., Buffalo, NY 14213 Jules A. Stover, 254 Watson St., Buffalo, NY 14206 FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective January 4, 1993 in the Department of Human Resources, Division of Youth, Willard Anderson, 222 Mulberry St., Buffalo, NY 14204 to the position of Youth Worker, Temporary, at the starting salary of $ 4.25/hr. Appointment effective January 5, 1993 in the Department of Human Resources, Division of Youth to the position of Attendant, Temporary, at the starting salary of $ 4.25/hr. Anne M. Nicpon, 45 Titus, Buffalo 14212 Clare P Rajewski, 115 Quincy, Buffalo 14212 Appointment effective January 8, 1993 in the Department of Human Resources, Division of Youth, to the position of Attendant, Temporary, at the starting salary of $ 4.25/hr Khristian Foglia, 32 Lafayette, Buffalo 14213 Nathaniel Gainey III, 128 Longview St., Buffalo NY 14211 Franklin D. McClellan Jr., 20 Hamlin Rd., Buffalo NY 14208 Delawndrea Purdue, 254 Herman St., Buffalo NY 14211 Carl Sherrill, 53 Parkridge, Buffalo NY 14215 Frances Sherrill, 53 Parkridge, Buffalo NY 14215 Appointment effective January 13, 1993 in the Department of Human Resources, Division of Youth to the position of Attendant, Temporary, at the starting salary of $ 4.25/hr. Daniel Demyanick, 33 Linwood, Buffalo 14209 Len R. Tatum, 108 Ivy, Buffalo 14211 Joyce E. Wilson, 58 Cottage, Buffalo 14201 Appointment effective December 21, 1992 in the Department of Human Resources, Division of Youth, Josephine LaBruna, 43 Bremen Buffalo 14213, to the position of Supervisor, Temporary, at the starting salary of $ 5.00/hr. * Note: this person was previously appointed (effective date 12-21-92) under the name Joseph LaBruna. The correct name was Josephine LaBruna. Please make the proper changes. Appointment effective January 8, 1993 in the Department of Human Resources, Division of Youth, Edward J. Carney III 1001 Tifft St., Buffalo NY 14220, to the position of Supervisor, Temporary, at the starting salary of $ 5.00/hr Appointment effective January 11, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Donna M. Gerst 155 Sixteenth St., Buffalo 14213, to the position of Case Manager, Permanent, at the starting salary of $ 20,745.00. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 80 TONY CONRAD Term of Buffalo Learning Television In its endorsement of the proposal for our Board experimental program (Buffalo Learning Television), the City accepted a three-month run as the length of the project. The project commenced on November 9, 1992, and is now entering its third successful month. No specification was made for a precise termination date for BLT. I am now requesting that BLT run for the full week of February 7, so that our final program would be cablecast on February 12, Lincoln's Birthday. BLT has already programmed eighty hours of television concerning the potential for education access in Buffalo, and appears to attract an avid audience. BLT has frequently been the most active local public-issue program channel on the air. I encourage you to catch BLT during its final weeks, from 7:30 to 9:30 weekdays on Channel 33. I am confident that you will be surprised and pleased by the results of this volunteer endeavor. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 81 TONY CONRAD Fiber Cabling in Buffalo Please consider passage of a regulation which would assure Buffalo of keeping technologically abreast of the times, and at minimal cost to the City. Any utility or other interest which should at any time by City authorization be permitted to dig up the City streets would, by provision of this regulation, be required to lay fiber cable in its trenches. This cable would belong to the City. The cost of fiber is far less than the cost of digging. Fiber technology is now understood clearly enough that the regulation could specify appropriate cable to emplace, in preparation for utilization by authorized carriers or utilities at a later time. It would be understood that applications circuitry ancillary to the fiber cable could not be specified or emplaced through this regulation. However, the installation of these elements of a later system would be simple by comparison to the initial cabling. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 82 COUNTY OF ERIE DEPARTMENT OF EMERGENCY SERVICES Environmental Hazard Resolution Item # 147, C.C.P., 1/5/93 It is not within the purview of this department to investigate environmental matters. The Department of Emergency Services trains fire fighters and EMS personnel, operates and maintains the county fire and EMS radio systems, dispatches ambulances, coordinates EMS calls, accomplishes disaster planning and responds to disasters and accidental chemical spills. However, I have noted that your resolution has been referred to the Erie County Department of Environment and Planning and the Erie County Department of Health who bay be able to assist you with the French Street situation. RECEIVED AND FILED. No. 83 BRIAN M. HIGGINS Strict Policy Concerning Weapons Possession And Life Or Safety Threatening Behavior In Buffalo Public Schools Thank you for your response to Common Council Resolution # 154, adopted November 24, 1992. In enclosing the student disciplinary code you suggest specific recommendations for revision be sent to you. I offer the following for the Board's review, consideration and use. In reference to New York State Education Law and the State Education Commissioner's regulations as to why expulsion of students is not an option, I agree that "school age children have a right to attend school." However, when the right of a majority of the school population to learn in a safe environment is denied due to one student's behavior which threatens the life and safety of others, whose rights are we really protecting? 1. EXPULSION OF A STUDENT PERPETRATOR IN A LIFE OR SAFETY THREATENING INCIDENT SHOULD BE AN OPTION FOR SCHOOL PERSONNEL A student who has been the perpetrator in a life or safety threatening incident in a school within the Buffalo Public School System should be removed from the school and permanently assigned to an Alternative School. In this way, the problem student can get the help he or she needs, the school from which the student was removed can resume normal operations and everyone's right to attend school is protected. Although this provision would apply to a small percentage of a given school population, the recent incidents at South Park High School and in front of Seneca Vocational High School demonstrate how the erratic behavior of one student can threaten the safety of a school population, alter its operations, and cast the whole system in a negative light. The Buffalo Alternative School should be structured to offer a permanent placement option to school personnel in dealing with students whose behavior has been determined to be life or safety threatening. 2. SCHOOL OR SITE BASED DISCIPLINARY DISCRETION As teachers most directly interact with students and are thus best able to detect behavior which is life or safety threatening, their authority concerning disciplinary action at the individuals schools should be increased. The decision to accept and/or remove a student should be that of the individual school's teachers and principals. 3. THE STUDENT RULES AND DISCIPLINARY ACTION (CODE OF CONDUCT): POSSESSION OR USE OF ANYTHING THAT MIGHT BE CONSIDERED A WEAPON I suggest this section be amended to read as follows: ANY STUDENT FOUND IN POSSESSION. EITHER ON THEIR PERSON OR IN THEIR LOCKERS OF A Handgun RIFLE, KNIFE OR ANY OTHER OBJECT(S) INTENDED FOR USE AS A WEAPON (S) WILL BE PERMANENTLY REMOVED FROM THE SCHOOL IN WHICH THE DISCOVERY WAS MADE. To protect the student perpetrators right to attend school, again, the Alternative School should be an option. The issue of violence in schools is not unique to the City of Buffalo. Most school systems throughout the Country, both urban and suburban, have reported increased incidents of life or safety threatening behavior in their school population. If decisive action is not taken the problem will presumably only worsen. A strict policy concerning this type of behavior and greater school based discretion needs to be adopted to effectively deal with this problem. I hope the above referenced suggestions are helpful and I look forward to working with you and the Board toward implementing effective policy changes to promote a safe learning environment in Buffalo Public Schools. Mr. Fahey moved: That the communication from Brian M. Higgins dated January 13, 1993 be received and filed, and That this body hereby endorses the specific recommendations for amending the student disciplinary code as described in the above-referenced communication. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR, PITTS- 2. No. 84 NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION Decommissioning of Groundwater Monitoring Wells The New York State Department of Environmental Conservation (NYSDEC), as required by Chapter 857 of the Laws of 1982 (commonly known as the "New York State Superfund Law"), is conducting decommissioning of groundwater monitoring wells which were installed during remedial investigation and action phases at remediated and/or delisted inactive hazardous waste sites throughout the State. Our present record indicates that you are the owner and/or operator of the following site, which is to be included in this well decommissioning program: Site ID No. : 915120 Site Name: Allied Chemical Site Address: Hopkin Street Site Our Present record indicates that three groundwater monitoring wells were installed by NYSDEC at the above-mentioned site during remedial investigation and action phases. These groundwater monitoring wells are no longer needed by the NYSDEC for investigation or monitoring purposes and, therefore, are candidates for decommissioning. However, if you wish to retain some of these wells for your own purposes, please respond by completing the enclosed form and returning it to A.K. Gupta, of my staff, within 30 days of the receipt of this letter, the State will complete the decommissioning of these wells. Conceptually, the decommissioning of groundwater monitoring wells involves removal of standpipe and well casings and properly grouting the hole in the ground. This activity may involve use of heavy equipment (drilling rigs, etc.) and may take about one day for each well at the site. Pursuant to Environmental Conservation law (ECL) Section 27-1309.4, upon the completion of all sampling activities, the Department shall remove, or cause to be removed, all equipment and well machinery and return the ground surface of the property to its condition prior to such sampling unless the Department and the owner of property shall otherwise agree. This letter serves as notice that if such an agreement is not entered into, the Department intends to enter the above identified property for the purpose of decommissioning the groundwater monitoring If you have any technical questions in connection with this matter, please contact Mr. A. K. Gupta at (518) 457-0927, or at the above address. Any questions regarding the legal authority of the Department should be directed to Mr. Robert K. Davies, Senior Attorney at (518) 457-2286, or at the above address. RECEIVED AND FILED. No. 85 NIAGARA FRONTIER TRANSPORTATION AUTHORITY Waive Parking Restrictions Your letter of December 23, 1992, which was received by NFTA Executive Director Richard Swist on January 5, 1993, has been referred to this office for response. Metro has been in the process of constructing a new bus garage at Main and Michigan for the past three years. The project will be completed by mid-1993. It will replace an existing garage on the same site, and when completed will not have any impact on traffic patterns beyond that which now exists. The request for a temporary waiver of parking restrictions did not originate with Metro; rather a Metro employee initiated the process. Inasmuch as the waiver would only be for the duration of construction, it would seem unnecessary to provide construction plans, etc. By the time a review was completed, the need would no longer exist. Please be advised that Metro has no further interest in this subject. RECEIVED AND FILED. No. 86 PARENT TEACHER STUDENT COMMUNITY ORGANIZATION Increase "City Wide" Access to City Honors School Enclosed please find a copy of the information, requested by Miss Dougherty from City Honors PTSCO, as to how "city wide" access can be increased at the 9th grade level. We were not aware of any plan to change City Honors School until September 23, 1992. Lynn Dodd President of PTSCO, received a phone call from Donna Dauria President of the Olmsted Home School Association to ask if City Honors was aware of plans to eliminate grades 5-8 and make City Honors a high school only. Olmsted parents were given this information, at a meeting with Miss Dougherty, concerning the possible move of Olmsted West to St. John Kanty. Miss Dougherty also told Olmsted parents that City Honors was aware of this. Following this phone call six meetings have been held with City Hall Administration. We have gone from eliminating grades 5-8 and making City Honors a high school only, to reducing the number of students in grades 5-8 and increasing the number of high school students, to finding a way to increase "city wide" access at the 9th grade level. After numerous meetings and much input from parents, teachers, administrators, and students, there is a clear consensus that any changes in the grade levels and structure of City Honors School would destroy the very design and success of the program. The only acceptable solution for increased access at the 9th grade level is to retest only those 8th graders who have not met the criteria (outlined in the document) at the end of 7th grade. PTSCO hopes that you will support us in our effort to keep City Honors School as it is now so that it can continue to offer a continuous developmental curriculum for students in grades 5-12. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 87 RAINBOW LECTURES Force TCI To Carry - Canadian Educational Programs It would seem that you could give the school children of Buffalo a consummate advantage over children of other areas of the United States. You could encourage or even force TCI Inc. to carry the Educational Programs originating from Ontario. As you know, WNED and WNEQ are broadcast in Canada and solicit donations from Canadian viewers. The extra instructional benefits from Ontario educational television would be a great boost to Buffalo students. Please let me about any progress toward this goal. Thank you for your help. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 88 U.S. DEPARTMENT OF JUSTICE Hazardous Waster Report- Illegal Dumping Please be advised that we have received your December 23rd letter to Director Sessions requesting the FBI to respond to Item 237 C.C.P. December 22, 1992 - "Hazardous Waste Report FBI Advertising on Illegal Dumping." Supervisory Special Agent George V. Vinson of this office will be in contact with you regarding your request. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 89 U.S. DEPARTMENT OF JUSTICE Carjacking Thank you for your recent letter and information regarding the crime of carjacking. Carjacking has become a prosecutorial priority with the Department of Justice. As you can see from the attached, on October 25, 1992 Presidents Bush signed into law H.R. 4542, the "Anti Car Theft Act of 1992". This legislation makers carjacking a federal offense under certain circumstances and provides federal prosecutors a new weapon against violent crime. Notwithstanding this legislation, carjacking will remain primarily a responsibility of the District Attorney. As in other areas of overlapping jurisdiction, I can assure you that Kevin Dillon and I will be able to decide when to employ the federal statute. I applaud your concern for this criminal activity before it becomes a major problem in our city. I assure you that my office will cooperate with the City of Buffalo Police Department and the District Attorney where it is determined that the federal carjacking legislation should be employed. If you would like to discuss this issue further,- please contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS No. 90 Wellington Pub, petition to use 1541 Hertel to erect an addition to sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 91 Ericson & Wecker Block Club Assoc., request money be put in budget to trim trees in Block Club area. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS. No. 92 D. Buccieri & O - Oppose Community Residence for People with Developmental Disabilities at 156 Nicholson Ave. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, AND THE WEST SENECA DEVELOPMENTAL CENTER. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 93 Salary Ordinance Amendment 20 Department of Police (Item No. 243, C.C.P. Dec. 22, 1992) That the Salary Ordinance Amendment as contained in Item No. 243, C.C.P., December 22, 1992, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 94 NYSCSC/Leave Of Absence/Exempt Employee (Item # 46 C.C.P. Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Appointment Fire/Motor Equipment Mechanic That Communication No 27 C.C.P. Dec 8, 1992 be received and filed and the Permanent appointment of William M. Sniderhan, Sr. stated above at the Maximum salary $25,170.00 effective on Dec 7, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 96 Appointment Public Works/Signal Systems That Communication No 45 C.C.P. Dec 22, 1992 be received and filed and the Provisional appointment of Donald Zelakiewicz stated above at the Intermediate salary $31,461.00 effective on Dec 11, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 97 Appointment Public Works/Senior Engineer That Communication No 46 C.C.P. Dec 22, 1992 be received and filed and the Provisional appointment of Burke M. Glaser stated above at the Maximum salary $38,089.00 effective on Dec 14, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 98 Appointment Street Sanitation/Equipment Operator That Communication No 56 C.C.P. Dec 22, 1992 be received and filed and the Permanent appointment of John J. Rigby stated above at the Intermediate salary $22,208.00 effective on Dec 7, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 99 Appointment Street Sanitation/Heavy Equipment Operator That Communication No 57 C.C.P. Dec 22, 1992 be received and filed and the Permanent appointment of Edgar H. Merville stated above at the Maximum salary $24,536.00 effective on Dec 7, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 100 Appointment Police/Head Janitor That Communication No 32 C.C.P. Jan 5, 1993 be received and filed and the Provisional appointment of James Shaw stated above at the Intermediate salary $20,976.00 effective on Dec 7, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 101 Appointment Inspections & Community Revitalization/Plumbing Inspector That Communication No 51 C.C.P. Jan 5,1993 be received and filed and the Permanent appointment of Anthony Ando stated above at the Intermediate salary $28,449.00 effective on Dec 21, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 102 Notices of Appointments (C. Clerk) (Item # 67 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 103 Buffalo Place - City of Buffalo Funding (Item No. 39, C.C.P., Jan. 5, 1993) That the Agreement as contained in the above communication from the Department of Law, by and between the City of Buffalo and Buffalo Place, Inc., a New York not-for-profit corporation, dated July 1, 1992 be and hereby is approved, and the Mayor is authorized to execute this Agreement. PASSED. AYES- 13 NOES- 0. No. 104 Request County to Develop a Plan for Sharing Revenue from Sales Tax (Item No. 143, C.C.P., Jan. 5, 1993) This Common Council supports the efforts of Legislator Michael Fitzpatrick of the Erie County Legislature toward sharing of the revenue from the eighth per cent of the county sales tax; and This Common Council urgently requests County Executive Gorski to develop a plan to phase in the sharing of this revenue with local governments and school districts in the county. ADOPTED. No. 105 Erie County Sales Tax Distribution (Mayor) (Item # 9 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Erie County Sales Tax Distribution (BD of ED) (Item # 59 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Erie County Budget/Sharing Of Sales Tax (Item # 70 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Establish System For Abating Charges (Assmt) (Item # 19 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Resolution Trust Corporation (Assmt) (Item # 20 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Emergency Tree Work - Wind Storm Nov. 12-15 1992 (Item No. 29, C.C.P. Jan. 5, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Parks be, and he hereby is authorized to award a contract for emergency tree work done by C. Mays Tree Experts, Inc., in the amount of $4,629.54 and Davey Tree Expert Co., in the amount of $2,961.87, for a total cost of $7,591.41. PASSED. AYES- 13 NOES- 0. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 111 Ordinance Amendment Chapter 175 Fees Rental Housing (NIP) (Item # 176 C.C.P. Sep 3, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Ordinance Amendment/Fees Rental Housing (ICR) (Item # 64 C.C.P. Feb 18, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Ordinance Amendment/Chapter 264 Licensing/Rental Housing Bus. (Item # 177 C.C.P. Sep 3, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Veto Ordinance Amendment Parking Meters (Item No. 1, C.C.P., Jan. 5, 1993) That the above item be and the same is hereby returned to the Common Council without recommendation. Mr. Coppola moved: That the Mayor's Veto - Ordinance Amendment -Parking Meters, Item No. 1 C.C.P., January 5, 1993 be and hereby is sustained. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 9. NOES- COLLINS, COPPOLA, PITTS, ZUCHLEWSKI- 4. No. 115 Protection For Workers Who Disclose Wrongdoing (Item # 134 C.C.P. Nov 10, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Cultural Sensitivity For Buffalo Police Officers Item No. 190, C.C.P., Dec. 22, 1992) That the Commissioner of Police be requested to issue a directive to all police personnel ordering that under no circumstances should they use any kind of racial or ethnic terms that may be construed as demeaning or insulting in dealing with either their colleagues or the general public; and That the Commissioner also be urged to launch an extensive and sustained program offering all police personnel cultural sensitivity workshops designed to increase greater understanding between people of different races, religions and ethnic backgrounds. ADOPTED. No. 117 Sensitivity Training For Police (Pol) (Item # 31 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 NCCJ/Police Sensitivity Workshops (Item # 71 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Consolidate Public Works, Street Sanitation, Parks (PW) (Item # 24 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Eliminate Parks Department (Parks) (Item # 27 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Enforce Noise Ordinance (CC) (Item # 43 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 122 Backyard composting (PW) (Item # 25 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 B. Higgins/Comments On Teacher Aides (Item # 82 C.C.P. Dec 22, 992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Support Kolbe Site For School 57 Pupils Item No. 126, C.C.P., Nov. 10, 1992) That this Common Council stands in solidarity with the parents, teachers and pupils at School # 57, and urges Buffalo School Superintendent Albert Thompson and the Buffalo School Board to support a leasing arrangement with the former Kolbe School to include pupils from neighborhood School # 57. ADOPTED. No. 125 Local 282/Fireboat Cotter (Item # 75 C.C.P. Nov 10, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 126 Department Of Community Development Amendment To Original Urban Renewal Site Designation For Lasalle Revitalization Area (Item No. 189, February 17, 1987) That the above item, Department of Community Development - Amendment to Original Urban Renewal Site Designation for LaSalle Revitalization Area be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fahey moved: That having conducted a public hearing regarding the above item, and following approval of the Planning Board granted on December 1, 1992, the proposed Amendment to the Original Urban Renewal Site Designation for the LaSalle Revitalization Area be approved. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 127 LaSalle Revitalization Boundary Extension (C.P. Bd.) Item No. 7, C.C.P., Dec. 8, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That the above item be and the same is received and filed. ADOPTED. No. 128 NYSDOT/Tifft Street Bridge Replacement (Item # 72 C.C.P. Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Draft Comprehensive Affordability Housing Strategy Goals (CD) (Item # 32 C.C.P. Dec 8, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 BEDC/Neighborhood Commercial Land Bank Program (Item # 78 C.C.P. Dec 22, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 BEDC/Sale of 124 Parcels To Land Bank (Item # 42 C.C.P. Oct 27, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 BEDC/Marketing Plan Neighborhood Land Bank (Item # 106 C.C.P. Jul 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Mr. Pitts moved that Mr. Collins be excused from further attendance at this meeting. ADOPTED. RESOLUTIONS No. 134 BY MR. ARTHUR EXTEND HEALTH AND DENTAL INSURANCE - FIREBOAT COTTER CREW MEMBERS WHEREAS: This Common Council on December 8, 1992 resolved to extend the health and dental benefits of the former Cotter crew members beyond December 31, 1992 when said benefits were scheduled to terminate (C.C.P. No. 122); and WHEREAS: The moving item containing the aforementioned resolve was "adopted" by this Council, and thus was not presented to the Mayor for his consideration and action; and WHEREAS: It is still the intent of this Council to extend the health and dental benefits of former Cotter crew members. NOW THEREFORE BE IT RESOLVED: That this Common Council authorizes the Mayor and his administrative agents to extend the health and dental benefits of the former Cotter crew members until March 31, 1993. PASSED. AYES- 12 NOES- 0. No. 135 BY: MESSRS. ARTHUR AND PITTS SITE DESIGNATION NEW PHASE TO THE EXISTING WATERFRONT REDEVELOPMENT PROJECT AREA URBAN RENEWAL PLAN (CROSSROADS SITE) WHEREAS, on October 22, 1963, the Common Council approved the "Waterfront Redevelopment Project Urban Renewal Plan" as a way to plan and control development on the waterfront for a period of 50 years; and WHEREAS, based on recent proposals regarding a large-scale, economic development project, which includes the construction of a new sports and entertainment complex, it has been determined that it would be beneficial to expand the existing Waterfront Urban Renewal Area; and WHEREAS, this additional land, along with the adjacent BURA-owned parcel located within the present boundaries of the Waterfront Urban Renewal Area, comprise a 22+/- acre site, bounded by Perry, Washington, and Scott Streets on the north, Main Street on the west, Columbia Street on the east, and South Park Avenue on the south; and WHEREAS, this project site will be treated as a separate and distinct phase of the existing Waterfront Urban Renewal Plan and will be known as the "Waterfront/Crossroads Redevelopment Area"; and WHEREAS, past building inventories have shown the condition of the area to be blighted to the extent that public and private redevelopment efforts have been significantly impaired; and WHEREAS, the site designation is the initial step in the urban renewal plan development process, under Subdivision 3 of Section 502 of Article 15 of the General Municipal Law. NOW, THEREFORE, BE IT RESOLVED: 1. That the area described above be designated as being appropriate for urban renewal activities. 2. That the Commissioner of Community Development prepare or cause to be prepared an Urban Renewal Plan for said area and to submit the same to the Common Council for its approval. REFERRED TO THE TASK FORCE ON AUDITORIUM-STADIUM. No. 136 BY: MESSRS. ARTHUR AND PERLA 35th ANNUAL ALLENTOWN OUTDOOR ART SHOW WHEREAS: The Allentown Village Society (AVS) annually requests permission to conduct its Allentown Outdoor Art Show; and WHEREAS: Due to disputes in prior years, the Council deems it necessary for the Allentown Village Society to clarify the Art Show food concessionaire application process as allowed by annual permits; and WHEREAS: It is to be the policy of the Council to have AVS and sponsors of similar events provide post-event accounting of revenues, expenses and use of proceeds to the Common Council; NOW, THEREFORE, BE IT RESOLVED: That as a condition of considering the Allentown Village Society's annual request for permission to conduct its Allentown Art Show, the Common Council requires the following: 1. that within five (5) business days following passage of this resolution the Allentown Village Society will furnish the Council with a copy of the rules for its food concessionaire application process, the application schedule and plans to accommodate not-for-profit agencies located within the event area who desire to participate in the Art Show as food concessionaires, said rules, schedule and plans to be subject to the Council's review and approval; and 2. that within ninety (90) days following the closing of the Art Show, the AVS will provide to the Council an accounting of revenues, expenses, and use of funds in accordance with the AVS corporate charter. ADOPTED. No. 137 BY: MESSRS. ARTHUR AND ZUCHLEWSKI OPPOSE NEW YORK POWER AUTHORITY'S REPLACEMENT POWER RATE INCREASES WHEREAS: The New York State Power Authority's actions in increasing the rates charged for hydroelectric power to industrial users, and its recent decision to raise those rates even more in the future, produce serious consequences for the Western New York economy and industrial community; and WHEREAS: The Power Authority has ignored the promises it made over thirty years ago, and which it repeatedly acknowledged until 1989, that "Replacement Power" produced at the Niagara Project would be sold at its cost of production, and in the process has ignored the economic health of the Niagara Frontier; and WHEREAS: Many of the affected industries will be forced to curtail and/or discontinue operations in Western New York without the promised power rates, thus resulting in more unemployed Western New Yorkers; and WHEREAS: The Power Authority, which by law is supposed to be a nonprofit organization, already has funds totaling over $1.7 billion available for its unregulated use, and the Authority's claim that it has not been recovering the cost of power production at the Niagara Project is false and without merit; and WHEREAS: These Power Authority actions send a message to industry everywhere that New York State and the Power Authority cannot be trusted, thus undermining the efforts of all levels of government to retain the industry and jobs we have and to attract more jobs to the region and the state. NOW THEREFORE BE IT RESOLVED: That this Common Council calls upon the Power Authority to rescind the improper increases it has imposed, and to honor its sworn testimony before Congress and its solemn promises to industry, and to the people of Western New York that hydroelectric replacement power will be sold at cost, without profit to the not-for profit Power Authority; and BE IT FURTHER RESOLVED: That the Governor and the State Legislature are urged to enact appropriate controls on the Power Authority that will prevent unresponsive political appointees to the Authority from imposing unreasonable rate increases in the future; and BE IT FINALLY RESOLVED: That the City Clerk send certified copies of this resolution to the Chairman of the Power Authority, the Governor, and the Western New York delegation to the State Legislature. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 138 BY: MR. BAKOS SET PUBLIC HEARING VALLEY NEW HOUSING PROJECT AMENDMENT OF LAND DISPOSITION AGREEMENT BURKE BROTHERS CONSTRUCTION, INC. WHEREAS, Burke Brothers Construction, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the ("Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will include 1179 Seneca to Schedule A of said LDA for the construction of one (1) additional unit of residential new housing known as the Valley New Housing Project in the Community Wide Urban Renewal Demonstration Program Area bringing the total number of units to four; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the -General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 22nd 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 o'clock p.m. in the Council Chambers on the 2nd day of February 1993. ADOPTED. No. 139 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - GENERAL SERVICES GENERAL SERVICES-CAPITAL OUTLAY 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 $1,667 be and the same is hereby transferred from Appropriation Allotments - Division of Purchase and said sum is hereby reappropriated as set forth below: From: 100 General Fund 10-1 Division of Purchase 521 - Maintenance Contracts - Equip & Mach $1,667 To: 100 General Fund 10-1 Division of Purchase 085 Capital Outlay 982 - Operating Equipment $1,667 REFERRED TO THE COMMITTEE ON FINANCE. No. 140 BY: MR. COLLINS TRANSFER OF FUNDS CAPITAL PROJECTS FUND BUDGET AND MANAGEMENT ENGINEERING That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $7,500 be and the same is hereby transferred from the Capital Projects Fund - Budget and Management - Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 061 - Budget and Management 001 - Planning for Capital Projects $7,500 To: 200 Capital Projects Fund 401 - Engineering 023 - Reconstruction of Bridges and Viaducts $7,500 REFERRED TO THE COMMITTEE ON FINANCE. No. 141 BY: MR. COLLINS TRANSFER OF FUNDS CAPITAL PROJECTS FUND BUDGET AND MANAGEMENT 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 $21,850 be and the same is hereby transferred from the Capital Projects Fund - Budget and Management - Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 061 - Budget and Management 001 - Planning for Capital Projects $21,850 To: 200 Capital Projects Fund 402 - Division of Buildings 522 - Delaware Park Restoration $21,850 REFERRED TO THE COMMITTEE ON FINANCE. No. 142 BY: MR. COLLINS TRANSFER OF FUNDS CAPITAL PROJECTS FUND BUDGET AND MANAGEMENT DIVISION OF DEVELOPMENT 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 sums of $39,353.40 and $56,646.60 be and the same is hereby transferred from the Capital Projects Fund - Budget and Management -Planning for Capital Projects account and the Capital Projects Fund -Division of Development - Squaw Island Remediation Project account, respectively, and said sums are hereby reappropriated as set forth below: From: 200 Capital Projects Fund 061 - Budget and Management 001 - Planning for Capital Projects $39,353.40 200 Capital Projects Fund 717 - Division of Development 089 - Squaw Island Remediation Project $56,646.60 To: 200 Capital Projects Fund 402 - Division of Buildings 521 - Squaw Island Remediation $96,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 143 BY: MR. COLLINS SET PUBLIC HEARING FILLMORE IN-FILL NEW HOUSING PROJECT APPROVAL OF LAND DISPOSITION AGREEMENT SMT, INC. WHEREAS, SMT, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of two (2) residential units of new housing known as the Fillmore In-Fill New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Lawn requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 22th 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 o'clock p.m. in the Council Chambers on the 2nd day of February 1993. ADOPTED. No. 144 BY: MR. COLLINS REQUEST NYS ACTION TO ESTABLISH A CERTIFICATION PROCESS FOR LEAD ABATEMENT CONTRACTORS, WORKERS AND INSPECTORS WHEREAS: The safe and effective abatement of lead hazards is being held up by the fact that there are no standards adopted in New York State for the certification of contractors, workers and inspectors regarding lead abatement work; and WHEREAS: Last year's lead bill included the establishment of a Task Force which is instructed to develop a certification program, however it is not clear if this process will be timely enough to be effective; and WHEREAS: Federal grant money is being made available in increasing amounts for lead abatement, but one of the requirements is that governmental applicants must be part of a state which has a certification process; and WHEREAS: For example, in 1992 Buffalo had applied for $2.7 million under a HUD lead abatement grant program, and despite demonstrating a profound local need for the funds and a willingness and ability to use the funds effectively, the city's grant proposal was not funded and WHEREAS: An analysis of the proposals which were selected shows that most were from localities whose states have certification programs in place; and WHEREAS: In addition to the federal funding question, a state certification program would be of great help in insuring that local abatement work is done safely and effectively; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests Governor Cuomo and the State Legislature to do what is necessary to establish a lead abatement certification program for contractors, workers and inspectors as quickly as possible; and BE IT FURTHER RESOLVED THAT: The City Clerk be directed to send certified copies of this resolution to Governor Cuomo and to the members of the Western New York delegation to the State Legislature. ADOPTED. No. 145 BY: MR. COPPOLA REQUEST ZONING TEXT AMENDMENT - SUBSECTION E UNDER ARTICLE V, SECTION 511-12 WHEREAS: Article V in the Buffalo Code, R2 Dwelling District, section 511-12. Permitted Uses, subsection E allows offices of a nonprofit civic, religious or charitable organization, provided that no merchandise is handled, kept or displayed and no merchandising services are rendered on the premises to be established in an R2 district without Zoning Board or Common Council approval; and WHEREAS: Permission of the above uses has impacted negatively on several neighborhoods. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the text be amended for Article V, section 511-12, to eliminate subsection E under Permitted Uses. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE ZONING BOARD OF APPEALS. No. 146 BY: MR. COPPOLA REQUEST ZONING TEXT AMENDMENT - ELIMINATE SUBSECTION C UNDER ARTICLE XXIV, SECTION 511-122 WHEREAS: Article XXIV of the Buffalo Code, Appeals and Variances, section 511-122. Applications and Appeals, subsection C. Notice of Appeal states that the notice of appeal in any case where a permit has been granted by the Commissioner of Inspections and Licenses shall be filed within three days, excluding Saturdays, Sundays and holidays after notice of the grant of the permit has been delivered to the Board. In all other cases, notice of appeal shall be filed within twenty days after the denial of the permit has been delivered to the Board. The Commissioner of Inspections and Licenses shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken or, in lieu thereof, certified copies of said papers; and WHEREAS: The above section has created hardship and should be deleted from the Buffalo Zoning Ordinances. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the text be amended for Article XXIV, section 511-122, to eliminate subsection C. Notice of Appeal. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE ZONING BOARD OF APPEALS. No. 147 BY: MR. COPPOLA DISCHARGE LEGISLATION COMMITTEE B. CAUDLE- USE 572 S. DIVISION (HRG HELD) (NO. 107, C.C.P., JAN. 5, 1993) (USE 572 S. DIVISION (C.P. BD.) (NO 108, C.C.P., Jan. 5, 1993) Whereas, the above items are currently tabled in committee, and Whereas, It is no longer necessary for these items to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the committee from further consideration of these items, and the items are now before the Common Council for its consideration. ADOPTED. Mr. Fahey now moved: That after a public hearing before the Committee on Legislation on December 29, 1992, the petition of Bennie Caudle, owner, for permission to use 572 South Division for a pole sign on an existing masonry service station be and hereby is approved; and That Item No. 108, C.C.P., January 5, 1993 from the City Planning Board be received and filed. PASSED. AYES- 12 NOES- 0. No. 148 BY: MR. COPPOLA OPPOSED TO STATE PLANS FOR MINIMUM SECURITY WORK RELEASE PROGRAM WHEREAS: The New York State Department of Correctional Services (NYSDOCS) is exploring the possibility of developing a minimum security work release program at the Mohawk Motor Inn, located at the corner of Harvard Place, Balcom and Main Streets; and WHEREAS: The NYSDOCS planned this expansion without contacting city officials and Linwood-Oxford neighborhood residents for their input; and WHEREAS: Neighborhood residents are overwhelmingly opposed to this facility as this neighborhood has reached the saturation point for halfway houses and treatment facilities; and WHEREAS: Deputy Commissioner Broaddus has stated that the expansion will not take place at this site if the neighborhood is opposed. NOW THEREFORE BE IT RESOLVED THAT This Common Council supports those residents living in the Linwood-Oxford neighborhood who are opposed to the New York State Department of Correctional Services' proposal to develop a minimum security work release program at the former Mohawk Motor Inn; and BE IT FURTHER RESOLVED THAT This Common Council requests that the Commissioner of New York State Correctional Services contact the proper city representatives concerning this project with a status report on the project at the present time; and BE IT FINALLY RESOLVED THAT In the future, the Commissioner of New York State Correctional Services contact the proper city representatives initially before the site selection process begins. ADOPTED. No. 149 BY: MR. COPPOLA REQUEST STATE EDUCATION DEPARTMENT INSPECT SCHOOLS WHEREAS: The health and safety of all students in the Buffalo Public School system are of concern to the members of this Common Council; and WHEREAS: This concern extends to whether the public schools are in compliance with state and city fire codes; and WHEREAS: Buffalo Public School buildings must comply with the regulations of the Commissioner of Education Section 155.3 and the New York State Uniform Fire Prevention and Building Code. NOW THEREFORE BE IT RESOLVED THAT Because city inspectors and fire officials are not authorized to enforce the State Code in public school facilities or on public school premises, this Common Council requests that the State Education Department make arrangements to perform inspections of all public school buildings in the City of Buffalo as soon as possible. ADOPTED. AYES- ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS- 9. NOES- AMOS, LOTEMPIO, ZUCHLEWSKI- 3. No. 150 BY: MR. FAHEY COORDINATED RESPONSE TO VIOLENT CRIME WHEREAS: The dramatic increase in violent crime is overwhelming most urban areas including the City of Buffalo; and WHEREAS: This past year, the city recorded seventy-eight (78) homicides, many involving drug related activities; and WHEREAS: Regrettably, murder, rape, drug trafficking, drive-by shootings and other serious crimes have become all too commonplace and are a plague on our law abiding residents; and WHEREAS: Compounding the problem is the blatantly arrogant disregard for our society demonstrated by these reprehensible individuals who openly perpetrate these crimes in all neighborhoods, in and around schools, and without respect for property or human life; and WHEREAS: A coalition of Federal, State, County, and City law enforcement agencies working in a coordinated effort can make a difference in reclaiming our streets from the criminals and returning them to law abiding citizens; NOW, THEREFORE, BE IT RESOLVED: That the Common Council request the Commissioner of Police and the Erie County Sheriff ask for assistance from the Federal Bureau of Investigation, the Drug Enforcement Agency, the New York State Police, and the Erie County District Attorney in establishing a coalition of law enforcement agencies to combat the increase of violent crime in our city; and BE IT FURTHER RESOLVED: That this coalition of law enforcement agencies identify and target the worst areas in the city and concentrate their effort on these areas as well as the problem areas in and around schools. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE, ERIE COUNTY SHERIFF, ERIE COUNTY DISTRICT ATTORNEY, THE NYS POLICE AND THE FBI. No. 151 BY: MR. FAHEY PREPARE FOR FULL IMPLEMENTATION OF POLICE REORGANIZATION WHEREAS: Over the past twenty years, there have been five attempts to reorganize the Police Department: in 1971, when the Cresep, McCormick, and Paget report recommended consolidation from 14 Precincts to 5 Districts; in 1975, when Criminal Justice Associates recommended no decrease in number of precincts but recommended consolidation as part of a change in personnel and organizational structure; in 1986, when the Police Department proposed to eliminate the 14 Precincts and establish 5 Districts; in 1988, when an Administration/Council/Citizen Task Force proposed reduction of the 14 Precincts to 6 Districts; and finally in 1991, when the Common Council Police Reorganization Commission proposed a 5 District plan based in part on its review of recommendations made in a study conducted by the International Association of Chiefs of Police; and WHEREAS: Police reorganization through consolidation has been proposed most recently to maximize the efficiency of the department by better utilization of manpower in an effort to counteract the effects that budget cuts due to less State aid to the City of Buffalo, has had on the department; and WHEREAS: An offshoot of the 1991 proposal was a Demonstration Project for the South Police District which would serve as a test for implementation of the full Police Reorganization plan; and WHEREAS: As part of the South District Demonstration Project, a site was identified for the location of Police District headquarters, a bond sale conducted for acquisition and renovation for the station house and acquisition of additional Police vehicles, and a determination made for an Inspector, five Captains, and the number of Lieutenants and Police Officers needed for patrol service in specific patrol sectors. In addition, a major part of the Demonstration Project involves the concept of Community Policing and the number of personnel assigned strictly to this program; and WHEREAS: While it is important to give full support to the South District Demonstration Project and its full year of operation and evaluation, the dramatic increase in violent crimes and the resulting feeling of helplessness and hopelessness overwhelming our citizens forces the City to prepare for full implementation of Police Reorganization; and WHEREAS: The Commissioner of Police should present to the Common Council an overall plan for implementation of police reorganization in the other four identified police districts in Northwest Buffalo, the Lower West Side, Northeast Buffalo, and the East Side; and WHEREAS: The Commissioner's recommendation for implementation should include: 1. location of station houses 2. costs for acquisition and renovation of station houses, and for new vehicles and equipment 3. staffing levels, shift changes, and assignment of personnel for supervisory and patrol service and for Community Policing. in each remaining district 4. identifying patrol sectors and number of cars assigned for patrol for each remaining district 5. Community Policing program tailored to each district 6. timetable and order of implementation of each district; and WHEREAS: The Commissioner's plan should also include comparisons of new districts versus the existing precinct setup to demonstrate the positive increase in manpower deployment, additional patrol service, better response times and other benefits of reorganization; and WHEREAS: A full time command level officer and staff must be assigned strictly to police reorganization and committed on a full time basis to monitor the progress and implementation of each phase; and WHEREAS: It is important to have the Commissioner's plan submitted within the next two months so that budget requirements can be adequately addressed and included in both the 1993-94 Capital Improvements Budget and the City's 1993-94 Operation and Maintenance Budget; NOW, THEREFORE, BE IT RESOLVED: That the Common Council request that the Commissioner of Police file with this Body his plan for full reorganization of the Police Department based on reports and recommendations submitted by the Common Council Police Reorganization Commission and the International Association of Chiefs of Police describing in detail all measures previously mentioned in this resolution so that preparations can be finalized for total implementation. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 152 BY: MR. FAHEY AND MRS. LOTEMPIO INCREASE ACCESS TO CITY HONORS WHEREAS: City Honors is a school for gifted and above average students, grades 5 through 12, which has been widely recognized for its record of achievement; and WHEREAS: The continuous developmental curriculum of City Honors is intended to support interaction and modeling between older and younger students which fosters the development of independence, respect, responsibility and life-long learning skills; and WHEREAS: The Buffalo Board of Education has proposed increasing city wide access to City Honors by eliminating or reducing the elementary grades; and WHEREAS: This proposed restructuring has alarmed many people associated with City Honors who feel that modifying the structure would destroy the very foundation of a very highly regarded program; and WHEREAS: Since being informed of the Board's proposal, the Parent Teacher Student Community Organization (PTSCO) of City Honors has held numerous meetings with administrators, teachers, parents and students regarding possible changes to the City Honors curriculum; and WHEREAS: Although a preference has been expressed for maintaining the current program, PTSCO has prepared an alternative plan on how to increase access to City Honors School without destroying the design and structure that has made the school such a success; NOW, THEREFORE BE IT RESOLVED: That this Common Council request that the Buffalo Board of Education defer any decision on implementing any changes in the grade levels and structure of City Honors School until there is a complete and thorough discussion of all the possible ramifications involving parents, teachers, students and administrators. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 153 BY: MR. FRANCZYK CITIZEN REVIEW BOARD FOR THE RECYCLING PROGRAM WHEREAS: Buffalo's recycling program requires the active participation of citizens who must remain informed and favorable to the goal of recycling; and WHEREAS: The recent switch to an alternate week recycling schedule is an example of a policy decision which could jeopardize citizen participation by confusing and demoralizing recyclers; and WHEREAS: There may be good reasons for the alternate week scheme but they weren't communicated to the public prior to the implementation of the switch; and WHEREAS: This situation points to the usefulness of a citizen review board for the recycling program which could serve as a two way sounding board between the City and the public; and WHEREAS: In addition to providing ideas and feedback to City Departments the board could be very helpful in communicating important recycling information to the public through the media and through the efforts of individual board members; and WHEREAS: In a related matter the Council notes a positive response to its recent resolution calling for a recycling display to be set up in the City Hall lobby but laments the fact that the display has already been dismantled; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests comments from the Mayor, the Street Sanitation and Public Works Departments, the Board of Education and the NYSDEC regarding the desirability and feasibility of setting up a citizen review board for the recycling program which would be made up of an appointee from each Councilmember, five appointees from the Mayor, and two appointees from the Buffalo School Board; and BE IT FURTHER RESOLVED THAT: This Council requests the Departments of Public Works and Street Sanitation to set up a visible, attractively presented long-term display in the City Hall lobby which will serve to keep City employees and other who use the building informed regarding the recycling program. ADOPTED. No. 154 BY: MR. FRANCZYK SET PUBLIC HEARING VIRGINIA STREET NEW HOUSING PROJECT AMENDMENT TO LAND DISPOSITION AGREEMENT ATKINS CONSTRUCTION CORP. WHEREAS, Atkins Construction Corp. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the ("Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will include 70 Spaulding to Schedule A of said LDA for the construction of one (1) unit of residential new housing; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 22nd 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 o'clock p.m. in the Council Chambers on the 2nd day of February 1993. ADOPTED. No. 155 BY: MR. FRANCZYK EMERGENCY DEMOLITION OF 857 FILLMORE AVENUE WHEREAS: The Council previously passed a resolution calling for the demolition of the dilapidated, abandoned residential property at 857 Fillmore Avenue; and, WHEREAS: The Council resolution was ignored, and the property went up in flames, and is currently an unboarded shell, attracting drug dealers, scavengers, as well as children looking for a place to play; and, WHEREAS: Although the property burned almost four weeks ago, nothing has been done to tear it down, and it remains a dangerous neighborhood eyesore; and, WHEREAS: As a result of the fire, the homeowner residing next door to the structure had his homeowners insurance policy canceled; and, WHEREAS: This property, which is owned by suburbanites who have expressed no interest in the long vacant house, should have been fined years ago for a Demolition which never took place; NOW THEREFORE BE IT RESOLVED: That the Common Council direct the Department of Inspections & Community Revitalization to initiate immediate emergency demolition of 857 Fillmore Avenue and bill the owners. PASSED. AYES- 12 NOES- 0. No. 156 BY: MR. HIGGINS APPROVE SETTLEMENT - DARLENE LAPINSKI WHEREAS: The above captioned claim is a settlement for Life Insurance coverage under the City of Buffalo's bargaining agreement with Local # 650; and WHEREAS: Richard Lapinski was a City of Buffalo, Division of Engineering, employee and a member of AFSCME Local 264 who died on December 24, 1992; and WHEREAS: Darlene Lapinski is entitled to $2,000.00 insurance coverage for her spouse under her AFSCME Local 650 Contract and is also entitled to $5,000.00 insurance as beneficiary under the insurance provided by Mr. Lapinski's Local 264 contract; and WHEREAS: Employees insured under the City's Contract with Companion Life Insurance Company cannot be insured as both an employee and as a spouse or dependent as is the customary practice with group insurance policies; and WHEREAS: The Corporation Counsel believes this claim to be valid and therefore recommends payment thereof in the amount of $2,000.00. NOW, THEREFORE BE IT RESOLVED: That the Comptroller be, and hereby is authorized to make payment of the claim in the amount of ($2,000.00) and that said payment be charged against the "Judgement and Claims Account" in the Department of Law: That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgement and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, herein above named, in the amounts set opposite their names and of the proper releases and closing papers. PASSED. AYES- 12 NOES- 0. No. 157 BY: MR. HIGGINS SCOPING SESSION FOR LWRP GENERIC ENVIRONMENTAL IMPACT STATEMENT (GEIS) WHEREAS: The Common Council has sought and attained lead agency status under SEQRA for the environmental review of Buffalo's Local Waterfront Revitalization Program; and WHEREAS: Before undertaking the preparation of a draft GEIS, it is beneficial to hold scoping session at which public input is sought on the issues which should be covered in the GEIS; NOW, THEREFORE BE IT RESOLVED THAT: On Friday, February 12, 1993 at 3:00 PM there will be a public scoping session in the Common Council Chambers regarding the Generic Environmental Impact Statement for the Buffalo Local Waterfront Revitalization Program; and BE IT FURTHER RESOLVED THAT: This Common Council directs Council Staff to prepare the scoping session and requests the Division of Planning to assist Staff in this task; and BE IT FINALLY RESOLVED THAT: The Common Council reporter be available to record public input and the City Clerk be directed to publish a notice of the scoping session in the Buffalo News as soon as possible. ADOPTED. No. 158 BY: MESSRS. PERLA, AMOS, BELL, ZUCHLEWSKI CREATE POLICE-ASSISTED COMMUNITY ENHANCEMENT PROGRAM (PACE) WHEREAS: Graffiti and other types of vandalism have increased around the City of Buffalo creating blighted conditions in many neighborhoods; and WHEREAS: Most graffiti and vandalism are the result of acts of juveniles; and WHEREAS: Presently, the Erie County Family Court system has limited options in sentencing any juvenile offenders that have been referred by the Buffalo Police Department; and WHEREAS: Most juveniles referred to Family Court are remanded to the custody of their parents without any punishment from the Court for their actions; and WHEREAS: In other parts of the country, Police-Assisted Community Enhancement (PACE) Programs have bean established giving the Court the option of sentencing juvenile offenders to a Police Department operated community services program; and WHEREAS: In this program, juvenile offenders referred to the PACE program receive counseling from police officers and are required to perform community enhancement activities, such as the abatement of graffiti by removing or painting over it, or other community service, while under the supervision of PACE officers; and WHEREAS: This program could be very beneficial to the City of Buffalo because not only would it give Family Court judges more latitude in dealing with juvenile offenders, but also will better serve the community by eliminating some of the effects of graffiti and vandalism and by serving as a deterrent to other juvenile offenses. NOW, THEREFORE, BE IT RESOLVED: That the Common Council request the law Department to advise this body of the steps necessary to permit the Family Court to sentence juvenile offenders to this type of community service; and BE IT FURTHER RESOLVED: That this Honorable Body request the Commissioner of Police to establish the Police-Assisted community enhancement Program to be overseen by Police Community Services; and BE IT FURTHER RESOLVED: That the City Clerk be directed to send a certified copy of this resolution to the Erie County Family Court Judges for their comment on this proposed program. ADOPTED. No. 159 BY: MR. PERLA SET PUBLIC HEARING - NIAGARA DISTRICT NEW HOUSING COMMUNITY WIDE URBAN RENEWAL PROGRAM WEST SIDE NHS, INC., REDEVELOPER WHEREAS, West Side NHS, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures Prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of four (4) residential units of new housing known as the Niagara District New Housing Project in the Community Wide Urban Renewal Homestead Program Area; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, Pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to Publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 22nd 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 o'clock p.m. in the Council Chambers on the 2nd day of February 1993. ADOPTED. No. 160 BY: MR. PITTS SUPPORT FOR A NATIONAL HEALTH CARE PLAN WHEREAS: The United States shares with South Africa the distinction of being the only industrialized country without a national health care program; and WHEREAS: 37 million uninsured and 68 million underinsured Americans made their needs known during the 1992 elections causing health care to be a key issue addressed by all of the candidates; and WHEREAS: It is a tragic fact that one million Americans are denied needed medical care every year; and WHEREAS: Health care costs continue to grow at an alarming rate of two to three times the rate of inflation, and are a driving force in the skyrocketing of the national debt; and WHEREAS: The Government Accounting Office (GAO) has concluded that if the universal coverage and single-payer features of the Canadian system were applied in the U.S., the savings in administrative costs alone (estimated at $67 billion per year in the short run) would be more than enough to provide comprehensive coverage for all Americans; and WHEREAS: Consumer Reports has backed single-payer as the best plan, both for the quality and comprehensiveness of care and for cost containment; and WHEREAS: It has been shown, using figures from the City of Buffalo Comptroller's office,, that adopting a national single-payer health care system could save the City over $5 million annually; and WHEREAS: The Buffalo Common Council had recommended in the past the adoption of a single payer system (Item 206 C.C.P. September 17, 1991 - "National Health Care Policy" and Item 176 C.C.P. March 17, 1992 -"Support NYHEALTH); and WHEREAS: A national campaign has been organized to send one million postcards to President-elect Clinton supporting a single-payer health care system that includes the following six principles: 1) Make health care a right," NOT tied to employment; 2) Cover everyone under a single, fairly financed plan; 3) Provide comprehensive benefits from preventive to long-term care; 4) Get rid of out-of-pocket costs like co-payments and deductibility; 5) Cut administrative waste and set budgets to lower medical costs; 6) Let consumers choose their own health professionals without having to pay more. NOW, THEREFORE BE IT RESOLVED THAT: The Buffalo Common Council urges President-elect Clinton and the U.S. Congress to make reform of the health care system a top priority; and BE IT FURTHER RESOLVED THAT: The Buffalo Common Council endorses the efforts of the WNY Health Care Campaign in its drive to send 10,000 postcards to President-elect Clinton; and BE IT FURTHER RESOLVED THAT: In order to insure universal, comprehensive care and at the same time control spiralling health care costs this Council urges President-elect ,Clinton and the U.S. Congress to adopt a single-payer, progressively financed, national health care plan; and BE IT FINALLY RESOLVED THAT: This Common Council directs the City Clerk to send a certified copy of this resolution to President-elect Clinton and to the members of the Western New York Congressional delegation. ADOPTED. No. 161 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 70-0 DEPARTMENT OF STREET SANITATION The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 70-0 Department of Street Sanitation, under the subheading "011 - Collection of Refuse & Street Cleaning" which reads: 35 Sanitation Worker $20,135 - 22,463 54 Laborer II Daily 75.57 - 8 6.18 42 Laborer II Hourly 9.02 - 10.26 11 Laborer 19,226 --21,232 is hereby amended to read: 34 Sanitation Worker $20,135 - 22,463 51 Laborer II Daily 75.57 - 86.18 50 Laborer II Hourly 9.02 - 10.26 7 Laborer 19,226 - 21,232 WE, BART SUMBRUM, Commissioner of Street Sanitation and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Sanitation Worker position, three (3) Laborer II (Daily), four (4) Laborer positions and the creation of eight (8) Laborer II (Hourly) positions in the Department of Street Sanitation is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of said position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 162 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 40 - DEPARTMENT OF PUBLIC WORKS 40-1 DIVISION OF ENGINEERING 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 40-1 Division of Engineering, under the subheadings "014 - Construction of Streets, 016 - Design and Planning of City Streets, 021 - Administrative Services and 023 - Traffic Engineering Services" which read: 014 - Construction of Streets 1 Account Clerk $19,346- 21,601 2 Account Clerk-Typist 19,346- 21,601 016 - Design and Planning of City Streets 3 Senior Engineer $32,468- 38,089 2 Assistant Engineer 27,155- 31,801 021 - Administrative Services 1 Administrative Assistant $24,816- 28,605 1 Stenographic Secretary 23,049- 26,573 1 Bridge Tender 19,016- 20,976 023 - Traffic Engineering Services 1 Senior Engineer $32,468 - 38,089 1 Highway Project Traffic Technician 23,464 - 27,221 are hereby amended to read as follows: 014 Construction of Streets 3 Account Clerk-Typist $19,346 - 21,601 016 Design and Planning of City Streets 2 Senior Engineer $32,468- 38,089 1 Assistant Engineer 27,155- 31,801 2 Engineering Aide 20,383- 23,017 021 - Administrative Services 1 Assistant Administrator $32,468- 38,089 1 Stenographer 18,900- 21,017 1 Laborer I 17,312- 19,660 023 - Traffic Engineering Services 1 Junior Engineer$ 25,394- 29,665 1 Engineering Aide 20,382- 23,017 WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Account Clerk, two (2) Senior Engineers, one (1) Assistant Engineer, one (1) Administrative Assistant, one (1) Stenographic Secretary, one (1) Bridge Tender and one (1) Highway Traffic Project Technician positions and the creation of one (1) Account Clerk-Typist, three (3) Engineering Aides, one (1) Associate Administrator, one (1) Stenographer, one (1) Laborer I and one (1) Junior Engineer positions is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned positions, containing a statement of the duties for such positions, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position titles set forth in the foregoing ordinance as being the appropriate Civil Service titles for the proposed positions. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 163 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 40 - DEPARTMENT OF PUBLIC WORKS 40 -2 DIVISION OF BUILDINGS 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 40-2 Division of Buildings, under the subheadings "011 - Inspection of Non-Public Plans and Structures and 031 - Operation and Maintenance of Public Buildings" which reads: 011 - Inspection of Non-Public Plans and Structures 1 Deputy Director of Licenses and Permits $47,929 1 Senior Engineer (Structural) $32,468- 38,089 1 Building Inspector $27,249- 32,057 031 - Operation and Maintenance of Public Buildings 1 Stock Clerk $19,346 - 21,601 1 Laborer 19,226 - 21,232 1 Janitor 18,877 - 20,732 4 Laborer II (Hourly) 9.02- 10.26 22 Laborer I (Hourly) 8.26- 9.38 are hereby amended to read: 011 - Inspection of Non-Public Plans and Structures 2 Building Code Specialist $30,172 - 35,085 031 - Operation and Maintenance of Public Buildings 1 Superintendent of Supplies I $23,497 - 26,807 5 Laborer II (Hourly) $9.02- 10.26 23 Laborer I (Hourly) $8.26- 9.38 WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Deputy Director of Licenses and Permits, one (1) Senior Engineer, one (1) Building Inspector, one (1) Stock Clerk, one (1) Laborer and one (1) Janitor positions and the creation of two (2) Building Code Specialist and one (1) Superintendent of Supplies I position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned positions, containing a statement of the duties of such positions, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position titles set forth in the foregoing ordinance as being the appropriate Civil Service titles for the proposed positions. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 164 BY: MR. ZUCHLEWSKI ORDINANCE AMENDMENT CHAPTER 479 - TRAFFIC ORDINANCES The Common Council of the City of Buffalo does hereby ordain as follows: That subsection (7) of Section 33 of Chapter 479 of the Traffic Ordinances of the City of Buffalo be amended to read as follows: (7) Coin to be deposited. It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device or substitute for a proper coin of the United States. The rate shall be $.50 per 60 minutes[.) except that, effective May 1 1993, the rate shall be $.25 per 30 minutes at the following meter locations: STREET NO. OF METERS Grant St. (Hampshire to W. Delavan) 54 W. Ferry (Hampshire to Herkimer) 45 Bailey (Millicent to Minnesota) 127 Kensington (Freeman to Suffolk 6 Fillmore (Paderewski to Stanislaus) 72 Broadway (Reed to Playter) 57 Tonawanda (Hunt to Crowley) 70 Elmwood (Allen to Forest) 283 Forest (at Elmwood) 3 Hertel (Fairchild to Starin) 233 Allen (Wadsworth to Main) 108 Wadsworth (at Allen) 4 Strauss (Broadway to Sycamore) 4 Kent (Lombard to Playter) 8 Lombard (Kent to Broadway) 9 Gibson (Broadway to Sienkiewicz) 6 Sienkiewicz (Broadway to Gibson 8 Wilson (Broadway to Sycamore) 5 Townsend (Broadway to Paderewski) 4 TOTAL 1,106 Each meter shall have legibly printed thereon the amount of money to be deposited therein. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ) to be deleted; matter underlined is new. PASSED. AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES- ARTHUR, PITTS- 2. No. 165 BY: MESSRS. ZUCHLEWSKI, AMOS, BELL and PERLA FILL VACANCIES - INSPECTIONS DIVISION WHEREAS: The Division of Housing and Property Inspections of the Department of Inspections and Community Revitalization has been ravaged over the years by budget cuts that have reduced the number of Building Inspectors from sixty-four (64) in the late 1970's to twenty-nine (29) funded positions in fiscal year 1992-93; and WHEREAS: This drop in manpower is one of the major contributing factors in reducing the department's effectiveness in its efforts to preserve Buffalo's aging housing and to combat the crisis of decaying neighborhoods devastated in many cases by slumlords; and WHEREAS: Chief City Court Judge Frank A. Sedita, Jr. has literally declared war on slumlords by levying severe fines and/or incarcerating those who have been abusing and ignoring the inspections process ; and WHEREAS: Four (4) Building Inspector vacancies, compounded by two (2) Chief Building Inspector vacancies, one (1) Plumbing Inspector vacancy, and one (1) Combustion Inspector vacancy due to retirements in the Inspections Division and one (1) Temporary Building Inspector vacancy have exacerbated the shortage of Inspectors and will consequently have an adverse ripple effect on the entire inspections and housing court process; and WHEREAS: The recent success that has resulted from the tougher court stance will now be compromised by fewer inspectors doing the work in an already understaffed unit; and WHEREAS: To ensure continued success in the war on slumlords and to adequately preserve the integrity of our neighborhoods, all vacancies in the Inspections Division must be filled; NOW, THEREFORE, BE IT RESOLVED: That the Common Council request that the Administration immediately fill the vacancies in the Inspections Division to continue the hard-line approach on property inspections. ADOPTED. No. 166 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: Suzanne Baginski Sandra M. Bedell Phillipina Bishop Patrick M. Carney Richard W. Carr Erma J. Brown Angeline Cannizzaro Kenneth L. Cooper Alyce D. Cuddy Leora Davidson Tina M. Dugo Maureen F. Durrell Clare M. Gangemi Lisa Klas Guarino Annmarie Higgins Linda S. Jackson Elizabeth M. Jagord Nancy R. Kowalewski Jennifer Kusmierski Florence D. Mercer Dennis Mitchell Norbert D. Orlowski Timothy J. Orlowski Antoine J. Polgar Cynthia A. Sahr Grace Salamone Mary P. Schreiner Christina C. Senziak Shelley L. Swartout Christine C. Threalkill Beth A. Tittle Carrie A. Voit Judy A. Vona Helen H. Wicher Charleen M. Willard Katherine Weinzler Mark L. Winkelsas Esther Sull Leona Szczepanski TOTAL: 39 ADOPTED. No. 167 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: Patricia A. Cappellino John J. McCarthy Diane M. George Patrick McDonald Diane L. Kaczmarek Holly J. McNamara Denise Masci Paul W. Mielcarek Donald R. Watkins Janet M. Mitchel Richard P. Doyle Pamela A. Mix-Rush Suzanne Hahn-Shanahan Judith M. O'Donnell Janice P. Malone Raymond C. Ostrowski Marcia C. Scott David W. Pawlik Elaine L. Bleyle Catherine J. Phillips Susan M. Brooker Charles H. Phillips Jeffrey L. Donato Samuel W. Phillips Elaine W. Dye Ludovico V. Puccio John J. Flynn Patricia M. Repman Sarah C. Gabel Robert J. Roman Sharilyn Kamholtz Frank A. Rossi Artemis P. Likoudis Marilyn A. Scinta Theresa E. Milik Joan Scholl Anthony W. Novitsky Joseph V. Schollard David L. Reeves John T. Sexton Frank J. Riga Sylvia Slisz Barbara F. Treger Susan J. Smith Margery E. Zeckhauser Ronald Sokolowski Rita Blamowski Patricia D. Sucharski Suzann J. Bohen Paula A. Tirone G. Hardwick Brown Joseph R. Tomasulo Vincent M. Caputo Betty J. Tryjankowski Joseph A. Cirincione Vera J. Villani Amelia Coia Steven Woroniak Joseph J. Danahy Caterine E. Armitage Nancy L. DeMartino Alvina Staley Jay B. Duderwick Patricia L. Zafuto Elaine W. Elia Daniel Higgins, Sr. Jacqueline M. Gallagher William J. Whitehead Alfonse F. Gambacorta Mark M. Gannon Frank J. Gizzo Thomas E. Hill Cynthia J. Johnson Joanne M. Kearns Robert K. Krieger, Jr. Donna M. Kwiatkowski William M. Leisck Stanley L. Lowicki Ronald F. Magrum David J. Maloney Julia W. Marks Lewis J. Maulucci TOTAL: 82 ADOPTED. UNFINISHED BUSINESS No. 168 BOND RESOLUTION - $350,000 - SO. DISTRICT POLICE STATION (No. 140, C.C.P., JANUARY 5, 1993) Mr. Fahey moved that Item No. 140, C.C.P., January 5, 1993, be taken from the table. Seconded by Mr. Higgins. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Coppola. PASSED. AYES- 12 NOES- 0. No. 169 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, JAN 26, 1993 9:30 AM FINANCE Tuesday, JAN 26, 1993 Immediately Following Civil Service LEGISLATION Tuesday, JAN 26, 1993 2:00 PM ECONOMIC DEV. Wednesday, JAN 27, 1993, 10:00 AM No. 170 ADJOURNMENT On a motion by Mr. Fahey, Seconded by Mr. Bakos the Council adjourned at 4:25 P.M. CHARLES L. MICHAUX, III CITY CLERK MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.