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Home My WebLink About93-0302 1No. 5 Common Council Proceedings of the City of Buffalo Regular Meeting, March 2, 1993 Special Session February 24, 1993 Pension Meeting February 25, 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, March 2, 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. Pitts, the minutes of the stated meeting held on February 16, 1993, and the Special Session of February 24 1993, were approved FROM THE MAYOR No. 1 Appointment and Reappointment of Members of Examining Board of Electricians Pursuant to the powers vested in me by Part Il, Chapter 165, Article l, Section 3 of the Code of the City of Buffalo, l hereby appoint, subject to confirmation by Your Honorable Body, the below listed persons as members of the Examining Board of Electricians effective February 19, 1993, for terms expiring December 31, 1995: David J. Pierowicz 91 Radcliffe Road Buffalo, 14214 John Fecio 291 Downing Buffalo, 14220 Thomas Heidinger 91 Vincennes Street Buffalo, 14204 Additionally, per the above referenced code of the City of Buffalo, l hereby reappoint the below listed persons as members of the Examining Board of Electricians for terms expiring December 31, 1995: Edward T. Pitz 44 Athol Street Buffalo, 14220 Jack P. Imperi 883 Richmond Avenue Buffalo, 14222 I hereby certify that the above listed persons are fully qualified to serve as members of the Examining Board of Electricians. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 2 Appointment of Members of Arts & Cultural Funding Advisory Committee Pursuant to the powers vested in me by Chapter 6, Article V, Section 6-30 of the Buffalo Code, I hereby appoint the below listed persons as members of the Arts & Cultural Funding Advisory Committee effective February 24, 1993: EXPIRATION DATE Marianne Sprague 4/12/95 31 Edge Park Buffalo, 14216 Carl Buckner 4/12/94 T.C.I. of N.Y. 2585 Main Street Buffalo, 14214 Marianne Sprague succeeds Susan Curran whose term has expired. Carl Buckner succeeds Jeremy Wainwright whose term has also expired. I hereby certify that both Marianne Sprague and Carl Buckner are fully qualified to serve as members of the Arts & Cultural Funding Advisory Committee. RECEIVED AND FILED. No. 3 Appointments to Broadway Market Management Corporation Board of Directors Please be advised that pursuant to the powers vested in me under the By-Laws between the City of Buffalo and the Broadway Market Management Corporation (BMMC) I hereby appoint the following individuals to the BMMC Board of Directors: Joseph Paladino, 210 Ellicott Square, Buffalo New York 14203, replacing the late Frank Mavica. Samuel F. Iraci, Jr., 166 Nicholson Avenue, Buffalo New York 14216, replacing Laurence Rubin. RECEIVED AND FILED. No. 4 Reappointment of Member of Buffalo Environmental Management Commission Pursuant to the powers vested in me by Section 318.2 of the Charter of the City of Buffalo, as amended, I hereby reappoint John Carney, residing at 118 Ryan Street, Buffalo - 14210, as a member of the Buffalo Environmental Management Commission for a term expiring January 8, 1995. I hereby certify that John Carney is fully qualified to serve as a member of the Buffalo Environmental Management Commission. RECEIVED AND FILED. No. 5 Reappointment of Member of Board of Directors of Buffalo Convention Center Management Corporation Pursuant to the powers vested in me by Sections 2 and 4 of the By-Laws of the Buffalo Convention Center Management Corporation, as amended, I hereby reappoint George F. Charley residing at 111 Meadowview Lane, Williamsville - 14221, as a member of the Board of Directors of the Buffalo Convention Center Management Corporation for a term expiring November 30, 1995. Per the By-Laws of the Buffalo Convention Center Management Corporation, George F. Charley was chosen from among three (3) names submitted by the board of directors of Buffalo Place, Inc. George F. Charley, the former President and General Merchandise Manager of Kleinhans Company, served Kleinhans as Vice President and General Merchandise Manager from 1974-1976 and a General Merchandise Manager from 1972-1974. Previously, George F. Charley was Vice President and General Merchandise Manager at Maision Blanche in New Orleans, Louisiana from 1968-1972 and Division Merchandise Manager from 1967-1968. Mr. Charley was employed by the J.W. Knapp Co., in Lansing, Michigan from 1966-1967. Prior to that time, George F. Charley was associated with Saks Fifth Avenue and Harry Suffrins in Detroit, Michigan. George F. Charley, is a native of Detroit, Michigan and attended Wayne State University. I hereby certify that George F. Charley is fully qualified to serve as a member of the Board of Directors of the Buffalo Convention Center Management Corporation. RECEIVED AND FILED. No. 6 Mayor's 1993 State Legislative Package Attached please find a copy of my 1993 State Legislative Package. I am asking you to help gain State approval for the various items included in this package. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 7 Certificate Of Necessity Transfer Of Funds Capital Projects Fund Division Of Budget & Management Division Of Development We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $10,300 be transferred and reappropriated from the Capital Projects Fund - Division of Budget & Management -Reserve for Capital Planning account, as set forth below: The amount to be transferred is an unexpended balance 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, FEBRUARY 11,1993 RECEIVED AND FILED. No. 8 Certificate of Necessity Transfer of Funds Appropriation Allotments Fringe Benefits Labor Relations 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 $20,000 be transferred and reappropriated from the Fringe Benefits account for Hospitalization and Surgical Insurance for Retired Employees in Appropriation Allotments, 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, February 8, 1993 RECEIVED AND FILED. No. 9 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items - Water Administrative Services - Water We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $32,100 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items , as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, February 10, 1993 RECEIVED AND FILED. No. 10 Certificate of Necessity Transfer of Funds Appropriation Allotments Fringe Benefits Parking Enforcement 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 $83,000 be transferred and reappropriated from the Fringe Benefits account for Hospitalization and Surgical Insurance for Retired Employees in Appropriation Allotments, 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, February 8, 1993 RECEIVED AND FILED. No. 11 Certificate Of Necessity Increased Appropriation Appropriation Allotments Reserved Fund Balance Division Of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $194,000 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Division of Buildings to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below:. Dated: Buffalo, New York, February 17, 1993 RECEIVED AND FILED. No. 12 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items Reserve for Capital Improvements Labor Relations 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 $600 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments -Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, February 17, 1993 RECEIVED AND FILED. No. 13 Interfund Cash Loan 620-Trust & Agency Fund - State 200-251-00-000 Points of Entry/Drug Interdiction Grant Certain Federal and state aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $87,390.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 100 - General Fund TO: Trust & Agency Fund - State Programs ACCOUNT NO.: 620 - 200 - 251-00-000 GRANT TITLE: Points of Entry/Drug Interdiction Grant GRANT AGENCY: NYS Division of Criminal Justice Services AMOUNT: $87,390.00 Estimated Date of Repayment: December 1993 Mr. Fahey moved: That the communication from the Comptroller, dated February 18, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to make an interfund cash loan from General Fund to Trust & Agency Fund - State Programs in the amount of $87,390.00 for Points of Entry/Drug Interdiction Grant. The loan is payable at date of reimbursement. PASSED. AYES- 13 NOES- 0. No. 14 Renew Lease Agreement Between the City of Buffalo and Bella Vista Group, Inc. - 2237 Niagara Item No. 134, C.C.P. 7/23/91 Pursuant to Item No. 134, C.C.P. 7/23/91 , Your Honorable Body approved the renewal of the above captioned lease. The present lease expired on September 30, 1992. This office has received a request from Joseph A. Cipolla that Bella Vista would like to renew said lease agreement. This renewal is to commence on October 1, 1992 and expire on September 30, 1993. The annual rental to be charged is One Hundred and Fifty-Five Dollars ($155.00) payable in advance. Insurance is to be provided saving the City of Buffalo harmless from any liability set forth in the amounts determined sufficient by our Law Department. This office approves and recommends acceptance of this lease. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Quarterly Financial Data This is to advise that a report of the Appropriations, Expenditures, Encumbrance and Revenue activity of the City of Buffalo General Fund for the period October l through December 31, 1992 has been delivered to Common Council Chief-of-Staff Vincent Lovallo. This is in response to your request for quarterly financial data. We have also submitted this data to the Budget Office and it is made available to departments and divisions individually in a printed format and on their "on-line computer terminals." This approach has been utilized due to the size of the reports and limited budgetary resources. The Statement of Appropriation/Accounting Activity reports data on an individual expense line basis. The Summary of Appropriation/Accounting Activity summarizes line items data by function within departments and divisions, and includes the General City Charges line accounts, i.e.: departments with an 81X identifier. The Detail of Revenue Report summarizes individual revenue account activity by department and division, and also summarizes all revenue activity by source (NYS, Federal, etc.). REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Permission to Negotiate 124 Peckham, N 80' E Watson Vacant Lot Size: 27' x 120' Assessed Valuation: $800 The Office of the Comptroller, Division of Real Estate, has received a request from David & Claudia Ferguson of 116-118 Peckham Street, Buffalo, New York to purchase the above captioned property. Mr. & Mrs. Ferguson would like to purchase this property, which is adjacent to their residence. Since moving to Peckham Street they have been maintaining the vacant lot in question. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated February 16, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with David & Claudia Ferguson, residing at 116-118 Peckham Street, for the private sale of 124 Peckham and report to this Honorable Body the results of such negotiations. ADOPTED. No. 17 Upstate Appraisal, Inc. Request to be Added to Qualified Appraisal List This Office has received a request from Upstate Appraisal, Inc., 280 Cayuga Road, Buffalo, New York 14225 to be added to the City of Buffalo's list of qualified appraisers. They have forwarded there qualifications and New York State Certification License Number. I am recommending that the request of Upstate Appraisal, Inc. be forwarded to the Appraisal Review Board for consideration. Copies of the qualifications can be obtained from the Division of Real Estate. Mr. Fahey moved: That the communication from the Comptroller dated, February 17, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to submit to the Appraisal Review Boar(~ for consideration the request of Upstate Appraisal, Inc. to be added to the City of Buffalo's list of qualified appraisers. ADOPTED. No. 18 Amend Approval - Results of Negotiations - 1004 Smith Vacant Lot: 30' x 105 Assessed Valuation: $800 Item No. 20 C.C.P. 1/19/93 In the above referenced Item Your Honorable Body authorized the Mayor to execute a deed in reference to the sale of the above captioned property to Ms. Betty Miller of 1006 Smith Street in the amount of One Thousand Dollars ($1,000). Please be advised that there was an error in the purchase price that was reported. The purchase price that was agreed upon was in the amount of One Thousand Seven Hundred Dollars ($1,700) not One Thousand Dollars ($1,000). Therefore, I am requesting Your Honorable Body to amend your approval of the sale of 1004 Smith Street to Ms. Betty Miller of 1006 Smith Street from One Thousand Dollars ($1,000) to One Thousand Seven Hundred Dollars ($1,700). Mr. Fahey moved: That the communication from the Comptroller dated February 23, 1993, be received and filed; and That the Mayor be, and he hereby is authorized to amend the terms of sale of 1004 Smith Street to Ms. Betty Miller of 1006 Smith Street by increasing the sales price from $1,000.00 (One Thousand Dollars) to $1,700.00 (One Thousand and Seven Hundred Dollars), pursuant to Item No. 20, C.C.P., January 19, 1993 PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF ASSESSMENT No. 19 Supplemental Attainment Aid Enclosed is a copy of a letter sent to the New York State Division of Equalization & Assessment by myself and Robert Kowalewski, Deputy Commissioner of Finance for Erie County. The letter is a joint application by the City of Buffalo and the County of Erie requesting Supplemental Attainment Aid from the State of New York for the completion of Buffalo's March 1st, 1993 Assessment Update Roll. Upon completion of the aforementioned Assessment Update Roll, the County of Erie is entitled to a three dollars ($3.00) per parcel State aid payment based upon the agreement of the Real Property Information System Consortium of Erie County Governments. The City of Buffalo, based upon the aforementioned Assessment Update Roll, will be eligible for State aid amounting to a two dollar ($2.00) payment per parcel, totaling approximately one hundred ninety five thousand six hundred dollars ($195,600). This is the first year Buffalo is eligible for said payment. Upon New York State Equalization & Assessment's review and approval of the March 1, 1993 Assessment Update Roll, Patricia E. Quinn of the N.Y.S. Division of Equalization and Assessment has indicated that the City of Buffalo could expect payment around mid-year of calendar year 1994. I intend to make application for Supplemental Attainment Aid for every March 1st Assessment Roll hereafter providing that the State of New York continues to fund the program. All payments by the State are contingent upon the City of Buffalo maintaining the State's computerized Real Property System for Tax Administration. Also, the March 1st Assessment Roll must not exceed a Coefficient of Dispersion (C.O.D.) of 15% when tested by the Division of Equalization & Assessment. Real property market values are subject to change and these changes can effect the C.O.D. of an Assessment Roll. Therefore, it is possible that Buffalo's Assessment Rolls after March 1, 1993 could exceed the 15% C.O.D. limit. No one can predict property value changes in the future. However, I am optimistic that the March 1, 1994 Assessment Roll will not exceed the 15% C.O.D. Therefore, Buffalo should be eligible for a second Supplemental Attainment Aid payment of approximately $195,600. However, it is too soon to determine if the March 1, 1995 Assessment Roll's C.O.D. will exceed 15%. If it does not exceed a C.O.D. of 15%, then the City of Buffalo will be eligible for a third Supplemental Attainment Aid payment of approximately $195,600. I will continue to keep you informed as to the progress of the City's application for its first Supplemental Attainment Aid payment and other events that affect future payments to the City. In the event you may need any further information concerning this matter, I am available at your request. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 20 Notification Serial # 8277 Tonawanda Street No Standing - Repeal In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by Repealing thereto the No Standing following: Public Highway Prohibited Portion of Highway Tonawanda Street, east side between Niagara & Amherst Sts. Notification Serial # 8278 Tonawanda Street No Standing In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by Adding thereto the No Standing following: Public Highway Prohibited Portion of Highway Tonawanda Street, east side between Niagara St. and a point 65' north of Watts St. Notification Serial # 8279 Tonawanda Street No Standing In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by Adding thereto the No Standing following: Public Highway Prohibited Portion of Highway Tonawanda Street, east side beginning 315' north of Watts and Amherst Sts. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 21 Replacement of Seneca Street Bridge Over Buffalo River - BIN 2-01193-0 Item No. 58, C.C.P. 7/21/92 Resolution # 58 passed by the Common Council on July 21, 1992 authorized the Mayor to enter into an agreement with the New York State Department of Transportation to replace the bridge on Seneca Street, Route 16, over the Buffalo River, BIN 2-01193-0. The current agreement (contract D004046) that was executed by the State provided State Marchiselli Funding which would have reimbursed the City for 75% of the non-Federal share. Currently, this project is not included in this year's (1992-93) State Budget for Marchiselli Funding and the City must commit to pay the full non-Federal share estimated at $107,600 for preliminary engineering Phases I-VI and the right-of-way incidentals work. I hereby request your Honorable Body authorize the Mayor to enter into a new agreement with the New York State Department of Transportation for the above named project. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 17, 1993, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the New York State Department of Transportation to replace the bridge on Seneca Street, Route 16, over the Buffalo River, BIN 2-01193-0 and to commit on behalf of the City of Buffalo to pay the full non-Federal share estimated at $107,600 for preliminary engineering Phases I-VI and the right-of-way incidentals work, all as described in the above communication from the Commissioner of Public Works. PASSED. AYES- 13 NOES- 0. No. 22 51 Court Street Request Permission To Install Awning Mr. Brian Burke, owner of the Court Street Courier Restaurant, located at 51 Court Street, has requested permission to install an awning within City right of way at said address. The proposed awning would be located on the Franklin Street side of the property above a take out ice cream window. The awning would measure twelve feet in length and project four feet from the building. The Department of Public Works has reviewed Mr. Burke's application pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 23 Emergency Repair Buffalo City Court Water Booster Pump On August 25, 1992 a domestic water booster pump broke down at Buffalo City Court. This provides all domestic water to the facility including the sprinkler system. An emergency was declared and Joseph Carino Plumbing & Heating of 419 Auburn Avenue was called for immediate replacement. Cost for repairs was: $1,475.00 New pump, gaskets & piping 720.00 16 hours labor @ $45/hr $2,195.00 Total Mr. Fahey moved: That the communication from the Department of Public Works, dated February 16, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for a Water Booster Pump at the Buffalo City Court to Joseph Carino Plumbing & Heating, in the amount of $2,195.00. PASSED. AYES- 13 NOES- 0. No. 24 Change in Contract Kleinhans Music Hall General Construction I hereby submit to Your Honorable Body the following change in contract for the General Construction, Kleinhans Music Hall, Symphony Circle, Buffalo, New York, BRD, Inc., C 091685100: 1. Change specified aluminum glass/rail doors to custom Kawneer aluminum doors with lifetime warranty. Deduct $24,250.00 2. Revise specified hardware for considerations of ADA conformity and security. Deduct $ 2,958.00 3. Change specified aluminum flush doors to custom U.S. Metal Flush Doors with continuously stacked reinforcement. N/C 4. Add temporary repairs to exterior vestibule doors to make them all operational. Add $1,771.00 The foregoing change results in a net decrease in the contract of Twenty-Five Thousand Four Hundred Thirty Seven and 00/100 Dollars ($25,437.00). Summary: Original Amount of Contract $895,000.00 Amount of This Change (No. 1) Deduct 25,437.00 Revised Amount of Contract $869,563.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds to be returned to B/F 200-402-068 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 18, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #l to BRD, Inc., such changes resulting in a net decrease in the amount of $25,437.00, as more fully described in the above communication, for work relating to General Construction at Kleinhans Music Hall, Symphony Circle Contract 091685100. Funds to be returned to B/F 200-402-068 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 25 Change in Contract Mechanical Reconstruction Kleinhans Music Hall I herewith submit to Your Honorable Body the following change in contract for the Mechanical Reconstruction of Kleinhans Music Hall, Frank C. Kellner Co., Inc., C-91691200: 1. Replace 35 additional steam traps beyond the specified 100. Add $1,732.50 The foregoing change results in a net increase in the contract of One-Thousand Seven Hundred Thirty-Two and 50/100 Dollars ($1,732.50). Summary: Original Amount of Contract $40,890.00 Amount of this change (No. 1) Add 1,732.50 Revised Amount of Contract $42,622.50 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and the consulting architect and found to be fair and equitable. Funds for this work are in B/F 200-402-068 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 22, 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 Frank C. Kellner, Co., Inc., changes resulting in a net increase in the amount of $1,732.50, as more fully described in the above communication, for additional work relating to Mechanical Reconstruction at Kleinhans Music Hall, C-91691200. Funds to be charged to B/F 200-402-068 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 26 Change in Contract University Heights Community Center Warren's Electric I hereby submit to Your Honorable Body the following change in contract for the University Heights Community Center, Warren's Electric, C-91605100: 1. Install eight (8) emergency battery pack lights in the Day Care Center rooms. Add $1,666.00 The foregoing change results in a net increase in the contract of One-Thousand Six-Hundred Sixty-Six and 00/100 Dollars ($1,666.00). Summary Original Amount of Contract $213,373.00 Change Order # 1, CCP # 38, 11/28/91 Add 38,644.60 Change Order # 2, CCP # 35, 7/7/92 Add 13,540.50 Change Order # 3, CCP # 63, 9/1/92 Add 8,438.92 Amount of This Change (# 4) Add 1,666.00 Revised Amount of Contract $275,663.02 This change could not be foreseen at the time contract was let. Costs have been reviewed by Consulting Architect, Donald E. Brundage, and the Department of Public Works and found to be fair and equitable. Funds for this work are in Building B/F 200-402-518. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 22, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #4 to Warren's Electric, changes resulting in a net increase in the amount of $1,666.00, as more fully described in the above communication, for additional work relating to the University Heights Community Center, C-91605100. Funds to be charged to B/F 200-402-518 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 27 Change in Contract University Heights Community Center Concept Construction Co. I hereby submit to Your Honorable Body the following change in contract for the University Heights Community Center, Concept Construction Co., C-91592600: 1. Install closure on elevator machine room door. Add $258.00 2. Recylinders for all exterior doors. Add 230.00 3. Patch and paint following move in by others. Add 543.00 4. Seal floor penetrations in mechanical rooms. Add 1,030.78 5. Install louver in exterior wall of main mechanical room. Add 364.47 $2,426.25 The foregoing change results in a net increase in the contract of Two Thousand Four Hundred Twenty Six and 25/100 Dollars ($2,426.25). Summary: Original Amount of Contract $2,525,000.00 Change Order No. 1, Item #31, 10/15/91 Add 14,472.00 Change Order No. 2, Item #28, 3/3/92 Add 5,502.00 Change Order No. 3, Item #28, 6/9/92 Add 9,871.50 Change Order No. 4, Item #34, 7/7/92 Add 4,121.00 Change Order No. 5, Item #62, 9/1/92 Add 10,003.00 Amount of This Change (No. 6) 2,426.25 Revised Amount of Contract $2,571,395.75 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect, Donald E. Brundage and the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-518 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 25, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #6 to Concept Construction Co., changes resulting in a net increase in the amount of $2,426.25, as more fully described in the above communication, for additional work relating to the University Heights Community Center, C-91592600. Funds to be charged to B/F 200-402-518 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 28 Emergency Piping Repair Memorial Auditorium Roof Severe Wind Storm Damage Item No. 34, C.C.P. 01/19/93 On November 12 and 13 of 1992, Memorial Auditorium suffered extreme roof damage during a severe wind storm. Immediate emergency roof repairs were performed by Grove Roofing as previously reported to Your Honorable Body pursuant to Item # 34, C.C.P. 01/19/93. In addition to the aforementioned roof damage, simultaneous and extensive ice damage occurred to piping located just below the damaged roof. Mollenberg-Betz, Mechanical Contractors, located at 300 Scott Street were ordered by the Department of Public Works to immediately repair the damaged piping. Total cost of repairs to piping was $11,997.15 and funds are available in the Department of Public Works, Division of Buildings. RECEIVED AND FILED. No. 29 Household Hazardous Waste Collection Agreement April 17, 1993 Mayor James D. Griffin has instituted a Household Hazardous Waste Collection Event for the City of Buffalo residents in conjunction with the County of Erie. Attached please find the proposed Agreement between the City of Buffalo and Erie County Environmental Education Institute Inc. for the Household Hazardous Waste Collection Event scheduled for April 17, 1993 from 9:00 A.M. until 2:00 P.M. at School 84 on the grounds of Erie County Medical Center. Wastes being accepted include pesticides (no aerosol cans), oil based paints, selected paint thinners and waste solvents, used motor oil, and lead acid car batteries. It is respectfully requested that Your Honorable Body authorize the Commissioner of Public Works to execute this Agreement. Funds are available for this work in Division of Buildings 100-402-021-583. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 17, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to enter into an agreement with Erie County Environmental Education Institute, Inc. for the Household Hazardous Waste Collection Event scheduled for April 17, 1993 from 9:00 a.m. until 2:00 p.m. at School 84 on the grounds of Erie County Medical Center. Funds are available in Division of Buildings 100-402-021-583. PASSED. AYES- 13 NOES- 0. No. 30 Clarification on Renaming Buell Street Item No. 53, C.C.P. 12/8/92 Under Item #53 of the Common Council Proceedings of December 8, 1992 the name of Buell Street was officially changed to "Dignity Circle." Buell Street (Buell Avenue) extends from North Fillmore Avenue to Humboldt Parkway. It is separated into two parts by the former right-of-way of the NYC and HRRR (the Belt Line). It was my understanding that only the easterly section of Buell Avenue, that section between N. Fillmore Avenue and the railroad right-of-way, was to be renamed "Dignity Circle." For the official street records would your Honorable Body confirm whether or not the intent is to rename only the easterly section of Buell Avenue as Dignity Circle. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 31 Certificate of Appointment Appointment effective 2-24-93 in the Department of Public Works Division of Engineering, Rose Marie Alaimo-Sardo, 212 Davey St. Buffalo, NY 14206, to the Position of Stenographer, Permanent, at the Intermediate Starting Salary of $19,428. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 32 Permission To Sell Mail Machine We respectfully request permission to sell or use our old Pitney Bowes mail machine as trade in credit value to Pitney Bowes Company. It is old and in need of repair. The parts are hard to obtain and expensive. We are not using this machine now and wish to get credit on existing rental agreement with Pitney Bowes. Description of machine: Mail machine 5600, serial 168088, City of Buffalo # 23094. Mr. Fahey moved: That the communication from the Police Department dated, February 11, 1993, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to sell a Pitney Bowes mail machine 5600, serial 168088, City of Buffalo #23094, as a trade in credit on existing rental agreement with Pitney Bowes Company. PASSED. AYES- 13 NOES- 0. FROM THE CORPORATION COUNSEL No. 33 Public Hearing for Arts and Cultural Grant-in Aid Applicants Item No. 6, C.C.P., 2/16/93 The referenced communication from David More, Executive Director of the Buffalo Arts Commission, proposes that the Common Council participate in the public hearings for grants-in-aid applicants conducted under the auspices of the Mayor rather than conduct additional public hearings under the auspices of the Common Council. Mr. More is correct in his assertion that the Charter does not require the Common Council to conduct separate hearings. Section 39 of the Charter does require the Council to consider the annual budget but that consideration may, but need not necessarily, include public hearings. In my judgement then the Common Council would not be prohibited from participating in the hearings as proposed by Mr. More. RECEIVED AND FILED. No. 34 Residency Requirements for Exempt Employees At the meeting of your Committee on Finance yesterday, the President of the Common Council George Arthur asked for an opinion regarding residency requirements for exempt employees. Exempt employees are those employees so classified by the Buffalo Municipal Civil Service Commission. A list of such exempt employees is attached hereto as exhibit "A". Section 35-6 of the City's Ordinances provides as follows: 35-6. Residency. A. On and after July I, 1939, it shall be the duty of each employee of the City of Buffalo, during the period of his employment by said city, to be a domiciled resident of the city and to maintain his permanent residence within the corporate limits of said city. The provisions of this section shall not apply to any registered voter of the City of Buffalo maintaining a residence in the city and temporarily residing outside the city for not more than six (6) months during any fiscal year nor to any employee during a leave of absence duly granted nor to any employee principally engaged in city activities outside the city. B. An employee who falls to comply with the provisions of this section, which failure shall be established at a hearing upon stated charges, shall forfeit his employment and shall be removed therefrom. The Municipal Civil Service Commission shall have concurrent jurisdiction with the appropriate appointing authority for the enforcement of this provision. In my judgement, exempt employees are subject to the residency requirement of Section 35-6 except where such employees are governed by superseding law which provides otherwise, for example Section 3 of the Public Officers Law as it relates to police, fire, and sanitation employees, and except in cases where the Buffalo Municipal Civil Service Commission has acted pursuant to subdivision B of Section 35-6 and its rules and regulations to approve the waiver of the residency requirement. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Ordinance Amendment - Chapter 216 9-10-11 Dumping Item No. 162, C.C.P. 02/02/93 As requested, the Law Department offers the following comments regarding the proposed ordinance amendment to Chapter 216-9. The adjudication of alleged violations of City Code Chapter 216 (illegal dumping) are presently handled through the Parking Violations Bureau (PVB) pursuant to New York State enabling legislation. 1986 Laws of New York Ch. 856. The proposed ordinance amendment to Chapter 216, as I understand it, would classify a violation under Chapter 216 as a misdemeanor with fines up to Five Thousand Dollars ($5,000.00). This classification is beyond the express authority given the PVB under the enabling legislation which states that "...violations shall be punishable by a civil penalty," and would probably be deemed invalid. Moreover, the increase in fines up to Five Thousand Dollars ($5,000.00) is beyond the limit set under Buffalo Charter Section 36. The proposed ordinance amendment also raises other concerns. Among other things, the amendment unnecessarily broadens Section 216-9 (Deposit of materials). The current version of Section 216-9 would appear to cover all the debris, rocks, rubble, etc., listed by the amendment. Additionally, the amendment adds terms such as "transported in a dump truck", and "disposed of in any street", that would, in my view, weaken the enforcement of Section 216-9. This office is not aware of any enforcement problems under the current wording of Section 216-9 that would necessitate such an amendment. This office is prepared to assist in drafting an anti-dumping ordinance with the above considerations in mind. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 36 Seizure & Forfeiture of Assets Used in Drug Crimes Item No. 159, C.C.P., 2/16/93 Section 3388 of the Public Health Law addresses "Seizure and forfeiture of vehicles, vessels or aircraft unlawfully used to conceal, convey or transport controlled substances". Under this section, a vehicle (or vessel or aircraft) can be seized by a police officer and, in New York, Buffalo or Yonkers, delivered to the custody of the police department. The Corporation Counsel can then cause the proper proceedings to be brought in the Supreme Court to declare a forfeiture. After judicial determination of forfeiture, the police department can retain the property for official use or sell it at public auction, with the proceeds, after expenses, going into the general fund of the city. This law provides that a vehicle, vessel or aircraft is not subject to forfeiture unless used in connection with conduct which would constitute a felony under Article 220 of the penal law (controlled substances). The City of Buffalo, therefore, is presently empowered to seize and bring about forfeiture of vehicles used in connection with felony drug cases. We are still researching whether a local law may be enacted regarding seizure of cars used by prostitution patrons. Please note that a bill has been introduced in the New York State Assembly comparable to Public Health Law 3388 and applicable to prostitution. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 37 Thruway Industrial Park Phase I 160 Bud-Mil Drive - Incubator Building - Approval of Sale/Lease Agreements - Buffalo Enterprise Development Corp. /Gemtex Abrasives The City of Buffalo Urban Renewal Agency duly designated Buffalo Enterprise Development Corporation/Gemtex Abrasives and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Sale/Lease Agreements negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions 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 dour 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 Sale/Lease Agreements 4. Proposed Sale/Lease Agreements 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. 38 Report of Informal Bids Walden Park Little League Electrical Work The Department of Community Development, on February 16, 1993, received Informal Bids for Electrical Work at the Walden Park Little League new equipment garage. Below is a list of the bidders and prices submitted by each contractor. In-Com Electrical $1,680.00 1067 Harlem Road Buffalo, New York 14227 CVM Electric $1,695.00 33 Peuquet Parkway Tonawanda, New York Gordon & Zoerb $3,580.00 420 South Harris Hill Road Buffalo, New York 14221 Based upon the contractors qualifications, price and familiarity with this type of work, In-Com Electrical Construction is the lowest responsible bidder. Money for this work, which totals $1,680.00, is available in Bond Fund Account # 200-601-035. Mr. Fahey moved: That the communication from the Department of Community Development, dated February 17, 1993, be received and filed; and That the Commissioner of Community Development be and he hereby is authorized to award a contract for Electrical Work at the Walden Park Little League to ln-Com Electrical Construction, the lowest responsible bidder in the amount of $1,680.00, with said cost to be charged against the Bond Fund Account #200-601-035. PASSED. AYES- 13 NOES- 0. No. 39 Report of Informal Bids Walden Park Little League Plumbing New Equipment Garage The Department of Community Development on February 24, 1993 received informal bids for plumbing work at the Walden Park Little League new equipment garage. Below is a list of bidders and prices submitted by each contractor: H & M Plumbing $2,512. 1425 Military Road Kenmore, New York Joseph Carino Plumbing $3,420. 419 Auburn Buffalo, New York Ackerman & Huebsch, Inc. $3,555. 140 Fire Tower Drive Tonawanda, New York Based upon the contractor's qualifications, price and familiarity with this type of work, H & M Plumbing is the lowest responsible bidder. Money for this work which totals $2,512.00 is available in Bond Fund Account 200-601-035. Mr. Fahey moved: That the communication from the Department of Community Development, dated February 24, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for plumbing work at the Walden Park Little League new equipment garage to H&M Plumbing, the lowest responsible bidder in the amount of $2,512.00, with said cost to be charged against the Bond Fund Account #200-601-035. PASSED. AYES- 13 NOES- 0. No. 40 Identify Lots for Habitat for Humanity Item No. 158, C.C.P. 2/16/93 The Department of Community Development routinely receives from the Division of Real Estate notices of request for release of lots which are mostly city-owned. We review the requests relative to the needs of the department and communicate our response to the Division of Real Estate. We could notify Council Staff of our findings when such properties become available. RECEIVED AND FILED. FROM THE COMMISSIONER OF STREETS No. 41 Ordinance Amendment - Ch. 216 -Dumping Item # 12, C.C.P. February 2, 1993 Upon review of the aforementioned Item and due to the nature and complexity of the "Ordinance Amend. Ch. 216 - Dumping" I would like to attend along with Robert Maturski, the Common Council's Legislation Committee meeting prior to approval. At this time recommendations will be explained. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 42 Certificate of Appointment Appointment effective February 23, 1993 in the Department of Street Sanitation, to the position of Truck Driver, Permanent at the intermediate starting salary of $22,208. James B. Higgins, 74 Coolidge Road, Buffalo, N.Y. 14220 Steven R. Iraci, 32 Shoreham Blvd., Buffalo, NY 14216 Thomas F. Serra, 534 Plymouth Ave., Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 43 Certificate of Appointment Appointment effective February 23, 1993 in the Department of Street Sanitation, Anthony B. Serra, 45 Rugby Road, Buffalo, NY 14216, to the position of Truck Driver, Permanent at the maximum starting salary of $22,815. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 44 Certificate of Appointment Appointment effective February 23, 1993 in the Department of Street Sanitation, to the position of Truck Driver, Permanent at the Maximum Starting Salary of $22,815. Matthew J. Rainero, 78 Rebecca Park, Buffalo, N.Y. 14207 Frederick Napierala, 48 W. Maplemere Rd., Williamsville, NY 14221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 45 Certificate of Appointment Appointment effective February 22, 1993 in the Department of Inspections & Community Revitalization, Division of Housing and Property Inspections, Peter L. Klemann, 47 Winston Road, Buffalo, New York 14216, to the position of Building Inspector, Permanent, at the Intermediate Starting Salary of $28,449. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 46 Certificate of Appointment Appointment effective February 22, 1993 in the Department of Inspections and Community Revitalization, Division of Housing and Property Inspections, Kevin J. Luthringer, 8 Ashton Place, Buffalo, New York 14220, to the position of Building Inspector, Permanent, at the Intermediate Starting Salary of $28,449. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 47 Certificate of Appointment Appointment effective February 22, 1993 in the Department of Inspections and Community Revitalization, Division of Housing and Property Inspections, Joseph L. Schiavone, 136 Vermont St. Buffalo, New York 14213, to the position of Supervisor of Elevator Inspections, Permanent, at the Intermediate Starting Salary of $ 33,351. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 48 Certificate of Appointment Appointment effective February 22, 1993 in the Department of Inspections and Community Revitalization, Division of Housing and Property Inspections, Ronald F. Magrum, 65 Erb Street Buffalo, New York 14215, to the position of Chief Building Inspector, Permanent, at the Intermediate Starting Salary of $33,351. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 49 Quarterly Budget Report Item #33, C.C.P. 10/27/92 Attached please find a second quarter 1992-93 General Fund - City Gap Sheet prepared by the Division of Budget & Management Services. This is a follow-up to the first quarter gap sheet included in the above referenced item. The report is the result of a review of each revenue and expenditure account in the budget and a projection of the total of each of those accounts for the 1992-93 fiscal year. The projections previously submitted by this office, which was based on the first quarter activity, predicted a $2.478 million deficit for the current year. Today's report projects a $51,000 current year deficit, an improvement of $2.427 million. The major changes from the earlier projection are as follows: 1992-93 Projections Negative Variances from Budget Difference October February from Description Projection Projection October Remarks Utility Tax Shortfall 4.5 3.6 +.9 State did not approve increase from 3% to 4% but higher growth than expected on the 3%. State "Spin-Up " 5.4 5.4 0 Auditors won't book "spin-up" as revenue without State legislation changing due date. Health ins. 4.6 2.5 +2.1 Rate increase not as high as expected, decrease in employees and audit findings of overpayments to be credited. Property Tax Levy 2.3 1.7 +.6 Increase estimate of collection rate from 98% to 98.5% of levy based on 1st half collections. Misc. Cost Overruns 2.2 3.4 -1.2 Increase in Overtime projection of $.6 and Utilities of $.7. Departmental Revenue Shortfalls 1.0 1.5 -.5 Decrease in interest Earnings of $.2 and further decrease in PVB revenues of $.4. NY State Pension Recapture 0 .9 -.9 State Comptroller now withholding 17.5% of perceived pension savings after deciding he would not in September. TOTAL NEGATIVE_____ ______ ______ VARIANCES 20.0 19.0 +1.0 Positive Variances from Budget Difference October February from Description Projection Projection October Remarks Occidental Refuse Disposal 3.9 3.0 -.9 Litigation and education costs charged to this account and higher tonnage. Reserve for 1991-92 Deficit 4.2 4.1 -.1 Audited deficit was $.1 higher than our October estimate. Sale of Water System 6.1 6.1 0 Proceeds of sale not included in adopted budget (4.6) and increase in valuation of system (1.5). Pension Savings 2.5 2.9 +.4 Adjusted rates received after October estimate. Salary Accounts .8 1.1 +.3 increased vacancies from retirement incentive program. Interest on Delinquent Property Taxes 0 .6 +.6 Based on 1/2 year collections. Cable Franchise Tax 0 .8 +.8 Assumes closing T&A account and receiving six quarters receipts to general fund in 1992-93. Sales Tax 0 .3 +.3 Accelerated payments required by State EFT program. TOTAL POSITIVE ______ ______ _____ VARIANCES 17.5 18.9 +1.4 1992-93 SUMMARY October February Projection Projections Difference Negative Variances 20.0 19.0 +1.0 Positive Variances 17.5 18.9 +1.4 PROJECTED SURPLUS /(DEFICIT) (2.5) (.1) +2.4 In total the negative variances have improved by $1.0 million and the positive variances by $1.4 million since our October projections leaving us at a virtual breakeven in the current year. It will be necessary to continue to closely monitor all of these accounts for the remainder of the year and I intend to submit yet another updated projection after the third quarter information is available. My staff and I continue to be available to review with you the attached documents and their underlying assumption. REFERRED TO THE COMMITTEE ON FINANCE. No. 50 Lease Agreement Delevan Armory Item # 21, C.C.P. 2/2/93 The above referenced item has been referred to this office for comment. It is a proposed lease agreement between New York State and the City of Buffalo for the City Department of Public Works to use the State's Delevan Avenue Armory at a cost of $3,000 per month. I am informed that Public Works needs this facility for at least the immediate future. The Parking Violations Division has already moved its operations out of this facility. Certainly I would prefer for the City to be able to continue to use this facility at no charge. However, Commissioner Comerford has been negotiating with the State Department of General Services for some time and they are insisting the City begin paying rent if we are to continue using this facility. Given these circumstances, the City's choices seem to be to agree to pay this rent or face eviction without plans to be able to immediately relocate the Divisions of Signs and Pavement Markings and Traffic Signals. Hopefully, these operations will eventually be moved to the City owned Republic Steel facility and eliminate this need to pay rent. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Unspent Lighted Schoolhouse Funds Item # 181, C.C.P. 2/2/93 The Department of Administration & Finance does not participate in the reallocation of unspent community development block grant funds. The Office of Financial Control of Agencies (FCA) deposits the unspent funds into the CDBG account and the Department of Community Development is responsible for the reallocation of these monies in consultation with the affected departments. FCA met with representatives of Community Development and Human Resources and were informed those departments will be filing a response to Your Honorable Body on this matter. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 52 Certificate of Appointment Appointment effective March 1, 1993 in the Department of Administration and Finance, Division of Parking Enforcement Carrie Genovese, 42 Hartwell Road, Buffalo, 14216, to the Position of Associate Account Clerk, Provisional, at the Intermediate Starting Salary of $ 23,308. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 53 Erie County Takeover Tax Billing Res. #148, C.C.P. February 16, 1993 l would appreciate working on any program that would benefit the taxpayers of the City of Buffalo and generate revenue into the City of Buffalo. The City of Buffalo is proud of the fact that we collect such a high percentage (94%) of the tax revenue in the levying year. I am sure this is due to the fact that we have up to date tax rolls, the capability of printing our own tax bills with the scan line which is read by our processing machines and a staff that processes all payments on a daily basis. Treasury also works extended hours thereby available to accept payments from 8:15 A.M. until 5:15 P.M. daily, a great convenience to taxpayers. It seems to me it would make far better sense for the City of Buffalo to collect the taxes for Erie County and distribute the same as we are set up for such distribution with the Buffalo Sewer Authority and the Water Authority. The City of Buffalo has all systems in place and we are capable of printing and mailing bills and generating listings for Erie County on a daily basis. At the present time the City of Buffalo and the County of Erie have different tax levy dates but I am sure all of this can be worked out between the two governments in accordance with the Real Property Tax Laws. We now work hand in hand with the County of Erie on our In Rem Sales so this cooperation is already in place. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF EDUCATION No. 54 Greater NY Readaloud Again this year, New York State will participate in the National Library Week event based on the theme "Libraries Change Lives." The title of this program. "THE GREAT NEW YORK READALOUD," focuses attention on: o the important connection between reading and success o the importance of parents and children reading together o librarians as leaders in promoting literacy o the resources libraries have to offer The Great New York Readaloud will take place in the libraries of the Buffalo Public Schools on Wednesday, April 21st. You are invited to help us celebrate this important day by accepting my invitation to come to one of our schools and to either read aloud from a favorite book or talk about a book that was important to you during your childhood or youth. In addition, you are invited to share something about your job and the importance of reading and the use of libraries in your on-going success. If your job has a product that can be demonstrated or an object that can be shared, students would appreciate this also. You are invited to come and share for a class period (approximately 45 minutes,) a half day or a full day in the school library which is where the celebration will take place. Please help us make The 1993 Great New York Readaloud a success in the Buffalo Public Schools. Complete the attached form and return to Carol Kearney, Director of School Libraries, 418 City Hall, Buffalo New York, 14202. Thank you for your consideration of this sincere invitation and I look forward to your participation in The Great New York Readaloud in the Buffalo Public Schools. REFERRED TO THE COUNCIL PRESIDENT. FROM THE CITY CLERK No. 55 R.F.P.'s Received to Conduct a Study on Housing Preservation Attached please find three (3) proposals to Conduct a Study on Housing Preservation in the City of Buffalo. The proposals are from: Orion Consulting Incorporated Price Waterhouse Stockard & Engler, Inc. REFERRED TO THE COMMITTEE ON FINANCE. No. 56 Item Recalled from Mayor Item No. 160, C.C.P., February 16, 1993, Ordinance Amend. Code of Ethics - Disclosure, was recalled from the Mayor at the directive of the Council President at the request of Laurence K. Rubin, Corporation Counsel. Mr. Fahey moved that the above item which was recalled from the Mayor is now properly before the Common Council for its reconsideration. Seconded by Mr. Pitts. CARRIED. Mr. Fahey now moved that the item be referred to the Committee on Legislation. Seconded by Mr. Pitts. ADOPTED. No. 57 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 Inspections and Community Revitalization. RECEIVED AND FILED. No. 58 Auto Allowance The followIng departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Marie M. Ferraro, Division of Substance Abuse RECEIVED AND FILED. No. 59 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 474 Abbott Rd. Kenneth F. Marth 268 Main St. Hooligans R.C. Restaurants, Inc. 844 Walden Ave. Huber's Tavern Jeannette Huber RECEIVED AND FILED. No. 60 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- Richard Ammerman, Matthew Janicki, Carrie Genovese Dolores A. Moore Corporation Counsel- Rose Marie Rivers Human Resources- Theresa Vito General Services- Colleen Bohen RECEIVED AND FILED. No. 61 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 Youth Board Zoning Board of Appeals RECEIVED AND FILED. No. 62 Notices of Appointments I transmit herewith communications received by me, reporting the appointments made in the various departments at the minimum, flat or hourly rate. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM Appointment effective February 17, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer I, Seasonal, at the flat starting salary of $ 5.98/hr. Marcus Wright, 42 Andover St., Buffalo, 14215 Christopher Kustra, 372 Marilla St., Buffalo, 14220 FROM THE DEPARTMENT OF ASSESSMENT Appointment effective 2/18/93 in the Department of Assessment Eric D. Herndon, 41 Lang Avenue, Buffalo NY 14215, to the position of Clerk, Seasonal, at the flat starting salary of $5.00/hourly. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective February 22, 1993 in the Department of Public Works, Division of Water, Sharon A. Fay, 147 Ramona Avenue, Buffalo, 14220, to the position of Account Clerk-Typist, Temporary, at the minimum starting salary of $ 19,346. FROM THE DEPARTMENT OF PARKS Appointment effective February 23, 1993 in the Department of Parks, Kelvin Bell, 266 Northland Ave., Buffalo, 14208 to the position of Laborer II, Seasonal, at the flat starting salary of $ 6.65 hr. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective February 18, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal at the flat starting salary of $6.65 per hour Samuel D. Beu, Jr., 704 Abbott Road, Buffalo, NY 14220 Daniel G. Herlihy, 195 Aldrich, Buffalo, NY 14220 Thomas P. McCabe, 417 Military Road, Buffalo, NY 14207 Charles J. McGregor, 284 Hastings Avenue, Buffalo, NY 14215 Appointment effective February 19, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the flat starting salary of $6.65 per hour. Matthew W. Suppa, 126 Villa Avenue, Buffalo, N.Y. 14216 David P. LaVango, 225 Hartwell Rd., Buffalo, NY 14216 Appointment effective February 23, 1993 in the Department of Street Sanitation, Philip Sbriglia, 49 Whitehall, Buffalo, NY 14220, to the position of Equipment Operator, Permanent, at the minimum starting salary of $20,912. FROM THE DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION Appointment effective February 22, 1993 in the Department of Inspections and Community Revitalization, Division using and Property Inspections to the position of Building Inspector, Permanent, at the minimum starting salary of $27,249. Robert E. Katilus, 61 Oakhurst, Buffalo, NY 14220 Arthur R. Kostrzewa, 11 Winston Road, Buffalo, NY 14216 Appointment effective February 22, 1993 in the Department of Inspections & Community Revitalization, Division of Housing and Property Inspections, Herbert R. Bogner, 786 McKinley Parkway Buffalo, New York 14220, to the position of Plumbing Inspector Permanent, at the minimum starting salary of $27,249. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective February 11, 1993 in the Department of Human Resources, Division of Youth, Kenneth Ferguson, 49 Mulberry Buffalo 14204, to the position of Attendant, Temporary, at the flat starting salary of $4.25/hr. Appointment effective February 16, 1993 in the Department of Human Resources, Division of Youth, Timothy Jackson 21 Poultney, Buffalo 14215, to the position of Attendant, Temporary, at the flat starting salary of $4.25/hr. Appointment effective February 22, 1993 in the Department of Human Resources, Division of Youth, Ronald W. Pugh, Jr. 16 Gail St., Buffalo 14215, to the position of Attendant, Temporary, at the flat starting salary of $4.25/hr. Appointment effective February 24, 1993 in the Department of Human Resources, Division of Youth, Jason Orlando, 142 Roesch, Buffalo 14207, to the position of Attendant, Temporary, at the flat starting salary of $4.25/hr. Appointment effective February 17, 1993 in the Department of Human Resources, Division of Youth, Alfred D. Williams 23 Leonard St., Buffalo 14215, to the position of Supervisor, Temporary, at the flat starting salary of $5.00/hr. Appointment effective February 22, 1993 in the Department of Human Resources, Division of Youth, Henry Diaz, 440 Busti Ave., Buffalo, 14201, to the Position of Community Aide, Temporary, at the flat starting salary of $5.25 Hr. FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective February 22, 1993 in the Department of General Services, Division of Purchase, Colleen A. Bohen, 22 St. Martins Pl., Buffalo, 14220 to the position of Buyer, Temporary, at the minimum starting salary of $27,024. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 63 BUFFALO CABLE ACCESS MEDIA Request Approval of Annual Training Fee The attached document is Buffalo Cable Access Media's policy on fee collection from users of the public access facility. In accordance to article 2.10 Of our contract with the city of Buffalo, we are requesting approval of this policy. If Additional Information and/or clarification is needed, please feel to contract be at 838-3196. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 64 Annual Audit Report FYE 5/31/92 Attached please find the Audit Report FYE 5/31/92, conducted by Lumsden & McCormick, Certified Public Accountants, on the financial statements of The Buffalo Enterprise Development Corporation, together with Management Letter and Response. If you have any questions, please do not hesitate to contact me at 842-3020. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 65 EXCALIBUR LEISURE SKILLS CENTER, INC. Solicitation of Funds Permit 1993 Great Lakes Fishing & Outdoor Expo Feb. 17 to 21, 1993 Excalibur is a private non-profit organization, offering cost-free boating and fishing opportunities for disabled and disadvantaged people. During the above event, we will be accepting general donations from the public. All proceeds will be used to operate our 30' program vessel which is docked at the NFTA Small Boat Harbor, public wheelchair access dock. Each season the Excalibur vessel programs approx. 3,5 00 disabled and disadvantaged individuals on a cost-free basis. Clients predominantly originate from a wide spectrum of agencies and institutions serving Buffalo and surrounding areas. The Fishing and Outdoor Expo is one of our major fund raisers of the year. Our program is operated largely by donations of services, materials and cash. Excalibur operates its vessel entirely with volunteers. If you have any additional questions, please don't hesitate to call. RECEIVED AND FILED. No. 66 JUNETEENTH FESTIVAL, INC. Dates For Festival Please be advised that the dates for the 18th Annual Juneteenth Festival will be Saturday, June 19, and Sunday, June 20, 1993 Please advise us of any condItions or requirements that will enable us to work effectively with your office. Thank you for your cooperation. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF POLICE. No. 67 RICHARD KERN Title VI Agreement between BMHA and HUD As described in the attached narrative, the Title VI Agreement Between HUD and BMHA will have a further serious destructive impact on access to public housing by Black family applicants. In the past year alone Black households in BMHA have been reduced by 200 (and reduced by 700 households since 1986) although there are 2,100 Black households on the waitlist and homeless shelters are full of Black families. In effect, most Black families will have effective access only to BMHA's least desirable developments under the agreement. White elderly applicants will also be given few choices under the agreement, further aggravating BMHA'-s gravest problem; steadily growing vacancies. As Buffalo's affordable housing crisis has escalated, BMHA vacancies have also steadily increased. In 1986, BMHA had 4434 occupied HUD funded apartments; today only about 3,545 HUD apartments are occupied, a 6 year decrease of almost 900 occupied apartments. During that period staffing increased by about 75 and annual operating subsidies by $5 million. Since 1980 Buffalo has lost 40,000 Whites and 25,000 persons above 200% of poverty while gaining 14,000 minorities (5.400 Blacks, 6,600 Hispanics, 2,000 Asians) and gained 9,900 persons below 75% of poverty, now totalling 60,000 very poor persons who are living on the edge of survival. As a result, Buffalo has 4,500 fewer homeowners, but 80 more renter households. Most alarming is the appearance of a systematic diversion of massive low income housing funds away from Buffalo's growing poor and minority population. While using $25 million to create 970 houses for a shrinking middle class (which has lost 25,000 persons since 1980), during the same period the city has received $120 million from HUD to remodel public housing (for an increasing population of almost 10,000 more very poor persons),but is housing almost 1,300 fewer poor households than in 1980, Steady growth of vacancies and steady reductions of Blacks in public housing are a grave economic and racial injustice in Buffalo needing Council's intervention. Please request Henry Cisneros, new HUD Secretary to intervene to permit community input in reforming BMHA's serious problems, which are the major cause of family homelessness in Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 68 LOCAL 282 Oppose Financial Plan Report The Mayor appointed bankers and his Financial Commissioner Dick Planavsky and Budget Director Tom Keenan, who then appointed a subcommittee comprised of business and company heads. Their job was to make a report on the Fire Department. They did. It was ignored completely. Instead a report was made to the press and public to cut 200 firefighters. This report was reckless and irresponsible. There is absolutely no basis anywhere in this report or any other to cut 200 firefighters. In fact, last summer, an injunction was issued by a State Supreme Court Judge that the Administration could not shut down fire-houses because it is a danger to the citizens of Buffalo and the firefighters. I would ask this Council not to adopt the recommendations concerning the Buffalo Fire Department until the inconsistencies of their own report are straightened out. I am filing the report, excerpts from the report and a related newspaper article. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 NYS DEPT. OF CORRECTIONAL SERVICES Status - Use of Mohawk Manor Please be advised that your letter of January 21 regarding the Mohawk Manor proposal was received by this office on January 28, 1993. We were, therefore, unable to meet your response deadline of 2:00 p.m. On January 28. wish to begin my response by taking issue with the allegations of Mayor James Griffin that the proposal to use the Mohawk Manor site as a work release facility was develOped behind closed doors in Albany with no respect for community concerns. Indeed, the appropriation for a Buffalo work release site has existed since 1982. More recently on December 4, 1992, I met with Senator Anthony Masiello, Assemblyman Sam Hoyt, Deputy Speaker Arthur O. Eve, Roger Blackwell (Chair of the Erie County Legislature) and yourself to begin discussions regarding the program being proposed at the Mohawk Manor site. At that time, we outlined the specific program which would involve inmates who have successfully completed a six-month intensive counseling program at one of our correctional annexes who would also be eligible for reintegration into the community as specified by temporary release guidelines. Among other criteria, each individual must be within two years of parole eligibility. It was also noted that the Buffalo Halfway House Inc. will provide a continuum of programs and support services for the inmates admitted to this program. The Halfway House also assumes responsibility for monitoring inmates on a daily basis. This monitoring will be further enhanced by correctional counselors, community correctional associates (correction officers) and the Division of Parole. On the matter of inmate exclusions from the program, we advised that those inmates who have been convicted Of escape or abscOnding from a temporary release program are statutorily excluded from this program. Although sex offenders are technically eligible to apply for the program, they are screened Out administratively. l am not sure why Mayor Griffin finds the description of this process ambiguous. While at the December 4 meeting, I also reiterated the State's policy of not locating correctional facilities where we are not welcome by the community. It was acknowledged that this proposal is in its preliminary stages and that we had a lot of work to do to reach out to local community residents and organizations to present the program plan and address their concerns. Moreover, I indicated that no programmatic activity would occur before a community advisory board was established. It is my understanding that the formation of the advisory board is in progress and meetings with them and other concerned community organizations are being scheduled for late February. Our commitment to the matter of community involvement has not changed. Each of the concerns raised will be addressed. Lastly, while I can certainly appreciate the City's investment of over $1.5 million in block grant funds into the Oxford-Linwood neighborhood, our proposal for the purchase and rehabilitation of the Mohawk Manor property will continue to enhance the revitalization of this community. I am hopeful that we can continue a positive dialogue regarding this proposal. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 70 WESTERN NEW YORK COMMUNICATIONS Request To Install Pay Phones I am herewith resubmitting my request to install payphones at the following locations: 1. SW corner of Ruhland and Sycamore 2. SE corner of Titus and Sycamore 3. SW corner of Koons and Walden and Rapin 4. NE corner of Walden and Rapin 5. SW corner of Sherman and Best PLEASE NOTE: OUR PAYPHONES DO NOT ALLOW INCOMING CALLS. We are resubmitting for the following reasons: 1. We were originally turned down because it was erroneously thought by Mr. Franczyk that our payphones allow incoming calls. They do not! 2. New York Telephone continues to place their payphones in the same district at will. They cannot be turned down by the Council because they do not have to seek approval from the Council. 3. The above conditions violate my constitutional rights to equal treatment and due process under the law. My company is being discriminated against. 4. We are not responsible for the drug problem on the East Sided West Side or anywhere else. We are not responsible for solving the problem either. That's what our taxes pay the police, judges and courts for. We are a legitimate business offering a legal product and service and should not be denied our ability to make a living. 5. The Dept. of Public Works has already approved all five locations. So, there is no reason for the incredible delays already experienced by our company. Finally, I request that I be able to attend and address the Council to personally argue our position. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 71 DENNIS STARR Sell Landlocked Property to City 17 & 66 Amelia St. This is in regard to land, owned by me, located at 17 & 66 Amelia Street, Buffalo, New York. Starting in March of 1991 (see attached documentation) I have been in contact with Mr. Bart Sumbrum in regards to negotiations relating to the above mentioned property. At that time I had begun correspondence, both written and verbal with Mr. Sumbrum, detailing the efforts to reach an equitable agreement with the city of Buffalo to purchase my property. My intentions to sell the property were made clear to him due to the fact that I was told my property would be "landlocked" and be rendered worthless. At that time I was unaware of how that condition could evolve. after numerous telephone calls, initiated by me, and written correspondence, I received no answers. At no time was I contacted or made aware of any activity planned for Amelia Street. On approximately October 15, 1991 the street was closed. I came upon this knowledge only because I drove by to inspect my property and saw a lot being back filled. In October of 1992 I contacted the office of Councilman Brian Higgins and was told that the street was closed. Upon further investigation, by me, I procured information that the records indicate an initial attempt to close the street was blocked. During conversations with Mr. Sumbrum I was told, by him, that I "Would need a helicopter to get to my land when he was done with me". Is this the manner that professionals, working for the city, being paid by taxpayers, like myself, should treat individuals? His attitude and demeanor were I feel, extremely unprofessional and rude. Since my land has indeed been "landlocked" and utility lines that were put in place are now being removed, I once again would like to negotiate on a fair price from the city of Buffalo and offer my property, rendered useless by the city, for sale in the amount of $4,000.00, even in view of the fact that lots of this nature sell for an average price of $6,000.00. If this is not acceptable than I would keep my property contingent on the basis that the street would once again be opened for thru traffic. I believe in the system and hope that by presenting my case to the Council I well be dealt with in a fair manner and be neither cheated, lied to or treated like less than a citizen as has been the case in my dealing with Mr. Sumbrum. I await your response. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF STREET SANITATION. PETITIONS No. 72 Columbia Holdings Ltd., petition to Rezone Nos. 1092-1108 Broadway from R-2 to C-2 District to present Arby's Fast Food Restaurant as a Blockbuster Video rental store. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 73 Family Restaurant of Buffalo, owner, petition to use 1094 Broadway for a Pole Sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CLAIMS HON. BRIAN M. HIGGINS CHAIRMAN No. 74 Compromise And Settlement of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Max & Cynthia Diaz and Weissfeld, Weissfeld & Weissfeld Their Attorneys $14,000.00 A 2. Brian Grabiner, an Infant by Eugene Grabiner F/N/G and Eugene Grabiner, Individually and Paul William Beltz, P.C., Their Attorney $ 5,000.00 A 3. James S. Johnson and Rosenthal, Siegel, Muenkel & Wolf His Attorney $19,500.00 A 4. Deborah J. Laspesa P/N/G of Michael S. LaSpesa $ 3,000.00 There are no Insurance Companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES- 13 NOES- 0. *Mrs. LoTempio abstained from voting on A-1 only. No. 75 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Appliance Associates and Saperston & Day As Attorneys Claim for damage to a 1986 Ford Aerostar Van when a lamp-standard fell on it on Fuhrmann Boulevard on January 24, 1991. The Insurance Company involved is Westchester Fire Insurance Company. $ 1,123.70 B 2. James A. McConnachie and Royal Insurance Company A/S/O Claim for damage to concrete steps in the front of the home at 185 Cumberland Avenue by a large branch that fell to the ground, bounced into and cracked the steps. $709.29 B 3. Kevin Robinson Claim for a new automobile tire that was damaged beyond repair due to a defect in the street at Delaware Avenue and Gates Circle. There is no Insurance Company involved in the settlement of this claim. $150.00 B 4. Canale, Madden & Burke as Attorneys for State Farm Mutual Automobile Insurance Company and Max Diaz and Cynthia Diaz Claim for a 1988 Pontiac 6000 vehicle damaged as the result of an accident with a Street Sanitation Animal Control Van at Sycamore and Madison. $ 5,500.00 B 5. Robert H. Thompson Claim for damage to a pair of eyeglasses which were broken while claimant was performing his duties in the Division of Water. There is no Insurance Company involved in the settlement of this claim. $140.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. **Mr. Bell was in the negative on B-5 only. *Mrs. LoTempio abstained from voting on B-4 only. No. 76 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. Buffalo Hand Surgery Claim for services rendered to P.O., Carl Terranova who was injured on duty and required medical treatment in a prior fiscal year. $ 251.05 C 2. Buffalo Family Practice Medical Associates, P.C. Claim for services rendered to P.O., Dennis Delano who was injured on duty and required medical treatment in a prior fiscal year. $ 255.95 C 3. Clark Boardman Callaghan Claim for services rendered to the Department of Law for legal publications in a prior fiscal year. $ 611.69 C 4. Doorway Rug Service, Inc. Claim for services rendered to the Division of Buildings in a prior fiscal year. $ 107.20 C 5. Erie County Medical Center Claim for services rendered to Police Lieutenant, Thomas Masterson who was injured on duty and required medical treatment in a prior fiscal year. $ 202.04 C 6. Michael Galang, D.O. Claim for services rendered to P.O., Dennis Delano Sr. who was injured on duty and required medical treatment in a prior fiscal year. $ 120.00 C 7. Warren Gleckel Claim for services rendered to the Department of Law in a prior fiscal year for consultant services in the matter of Arthur vs. Nyquist. $ 525.00 C 8. Harrison and Gruber, Attorneys at Law Claim for professional legal services rendered to the Department of Law in the matter of Emmett Turner vs. the City of Buffalo and the NFTA in a prior fiscal year. $16,353.75 C 9. Hospital Ambulance Billing Service Claim for services rendered to P.O.s, Robin Smith, Jimmie Adams and Alphonso Wright who were injured on duty and required medical treatment in a prior fiscal year. $ 561.93 C 10. Konica Business Machines Claim for services rendered to the Division of Inventory and Stores in a prior fiscal year. $ 3,095.01 C 11. Nora E. Meaney-Elman, M.D. Claim for services rendered to Firefighter, Steven Green Sr. who was injured on duty and required medical treatment in a prior fiscal year. $189.45 C 12. Mercy Hospital Claim for services rendered to P.O.s, James Kennedy and Sheila Wiles who were injured on duty and required medical treatment in a prior fiscal year. $988.67 C 13. Mernan Chevrolet, Inc. Claim for services rendered to the Division of Parking Enforcement in a prior fiscal year. $ 184.76 C 14. Louis Migliore Construction Company, Inc. Claim for work performed in the reconstruction of the Genesee Moselle Counseling Center in a prior fiscal year. $ 2,400.00 C 15. O'Shea, Reynolds, Napier, Cummings and Kirby, Attorneys at Law Claim for professional legal services rendered to the Department of Law in a prior fiscal year in the matter of Arthur vs. Nyquist. $28,453.33 C 16. Ricoh Corporation Claim for services rendered to the Advocacy Office for People With Handicapping Conditions in a prior fiscal year. $ 185.95 C 17. Shepard's/McGraw-Hill, Inc. Claim for services rendered to the Department of Law for legal publications in a prior fiscal year. $ 1,239.60 C 18. University Radiology at E.C.M.C., P.C. Claim for services rendered to P.O.s, Joseph Walters and Jose Rodriguez who were injured on duty and required medical treatment in a prior fiscal year. $189.41 C 19. West Publishing Company Claim for services rendered to the Department of Law for legal publications in a prior fiscal year. $409.75 C 20. W.N.Y. Magnetic Resonance Claim for services rendered to P.O., John Sanders who was injured on duty and required medical treatment in a prior fiscal year. $ 805.24 C 21 Xerox Corporation Claim for services rendered to the Mayor's Advocacy Office for Persons With Disabilities in a prior fiscal year. $ 127.00 There are no Insurance Companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 11. NOES- BELL, ZUCHLEWSKI- 2. No. 77 Report To The Claims Committee That, upon the recommendation of the Common Council, the following claims be paid: D 1. Werner, Giallombardo & Fiorella Attorneys at Law Item No. 78, C.C.P., March 3, 1992 and Item No. 66, C.C.P., May 26, 1992 Claim for services rendered in a prior fiscal year in the Matter of Bakery Salvage Vs. The City of Buffalo et al from May 1, 1991 to July 18, 1991. $ 6,738.00 D 2. Romeo Troncone Claim for damage to claimant's 1991 Ford Van by a piece of trash dropped on it from a hi-lift at 71 Crestwood Avenue. $ 290.74 There are no Insurance Companies involved in the settlement of these claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 78 Bumping Rights Former Fireboat Crew (CSC) (Item # 108 CCP Sep 1, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 79 Residency Requirements/Preferred Lists (CC) (Item # 44 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 80 Appointment Street Sanitation/Truckdriver That communications No 36 CCP Dec 8, 1992 be received and filed and the Temporary appointment of Frederick Napierala & Matthew J. Rainero stated above at the maximum salary of $22,815 effective on Dec. 1, 1992 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 81 Appoint Truck Driver (Sts) (Item # 61 CCP Jan 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 82 Appointment Truck Driver (BSA) (Item # 77 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 83 Appointment Street Sanitation//Equipment Operator That Communication No 48 CCP Feb 2, 1993 be received and filed and the Permanent appointment of Roger Schwarzott stated above at the Intermediate salary $22,208.00 effective on Jan 14, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 84 Appointment Street Sanitation/Dog Control Officer That Communication No 49 CCP Feb 2, 1993 be received and filed and the Provisional appointment of William Vivian stated above at the Maximum salary $22,815.00 effective on Jan 25, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 85 Public Works/Data Control Clerk That Communication No. 39 CCP Feb 16, 1993 be received and filed and the provisional appointment of Susan A. Hughes stated above at the intermediate salary of $22,351.00 effective on February 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 86 Appointment Public Works/Caulker That Communication No 40 CCP Feb 16, 1993 be received and filed and the Permanent appointment of Nicholas Macri stated above at the Intermediate salary $22,704.00 effective on February 8, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 87 Appointment Public Works/Associate Account Clerk That Communication No 41 CCP Feb 16, 1993 be received and filed and the Provisional appointment of Christine V. Serafin stated above at the Intermediate salary $23,308.00 effective on February l, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 88 Appointment Human Resources/Counselor III That Communication No 74 CCP Feb 16, 1993 be received and filed and the Provisional appointment of Dolores Barrett stated above at the Intermediate salary $22,072.00 effective on February 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 89 Appointment Human Resources/Substance Abuse Services That Communication No 75 CCP Feb 16, 1993 be received and filed and the Temporary appointment of Willie Johnson stated above at the Intermediate salary $22,798.00 effective on February 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 90 Appointment Human Resources/Abuse Specialist That Communication No 76 CCP Feb 16, 1993 be received and filed and the Provisional appointment of Robert Parrish stated above at the Intermediate salary $23,525.00 effective on February 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 91 Notices Of Appointments (C.Clerk) (Item # 83 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 92 Executed Addendum/Combat Contract (Pol) (Item # 33 CCP Feb 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 93 Info/Addendum Combat Contract (Pol) (Item # 43 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 94 Info/Addendum Combat contract (A&F) (Item # 70 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Purchase Land Adjacent to 1120 Seneca Street (Item No. 11, C.C.P., Feb. 16, 1993) That the above item be and the same is returned to the Common Council without recommendation. Mr. Collins moved: That the Comptroller be authorized to execute the Purchase Offer Agreement and to pay $5,000 (Five Thousand Dollars) as earnest money deposit for the purchase by the City of approximately 4.169 acres of land adjacent to the Department of Public Works property at 1120 Seneca; and That the Corporation Counsel be authorized to prepare the necessary closing documents for the purchase of the attached described property. PASSED. AYES- 13 NOES- 0. No. 96 Compromise Bid Payment/LaSalle Concession (Pks) (Item # 29 CCP Feb 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 97 Lasalle Concession Compromise (CC) (Item # 46 CCP FEB 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 98 N. Sargent/Compromise LaSalle Concession Bid (Item # 94 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 99 Engage Consultant - Energy Savings (Item No. 35, C.C.P., Feb. 16, 1993) That the Commissioner of Public Works be, and he hereby is authorized to engage an energy conservation company to implement electric conservation projects in various city-owned buildings in conjunction with Niagara Mohawk's Power Partners Program, and to advertise for bids for an Energy Services Agreement for the design, installation, monitoring and maintenance of the energy conservation measures with said cost to be charged in Division of Buildings 100-402-021-00-573 account. ADOPTED. No. 100 Report of Bid Default - Skyway-Thruway Loop (Item No. 4, C.C.P., Feb. 16, 1993) That the report pursuant to Section 404 of the Charter by the Director of Parking concerning the defaults by Century Parking, Inc. d/b/a Sentry Parking, Inc., and each of them, is hereby accepted and the City Clerk is hereby directed to keep a permanent record of such default. PASSED. AYES- 13 NOES- 0. No. 101 Solicitation of Funds Excalibur Leisure Skills Center, Inc. (Item No. 26, C.C.P., Feb. 16, 1993) That the above item be and the same is hereby returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Public Works be and hereby is authorized to grant an exemption to solicit funds to Excalibur Leisure Skills Center, Inc. in the Convention Center for the 1993 Great Lakes Fishing & Outdoor Exposition to be held February 17 to February 21, 1993. PASSED. AYES- 13 NOES- 0. No. 102 Hearings/Grant-in-Aid Applicants (Art Comm.) (Item # 6 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 103 K/B Block Club/Oppose Dance License 2987 Bailey (Item # 68 CCP Feb 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. FAHEY- 1. No. 104 Public Meeting Regarding Mohawk Motor Inn (Item No. 156, C.C.P., Feb. 16, 1993) That this Common Council is hereby notified of the meeting scheduled for Thursday, March 4, 1993, in the Kenwell Auditorium at Millard Fillmore Hospital, from 7:00 to 9:30 P.M. by the members of the Cold Spring Coalition regarding the proposal to establish a work release program in the Mohawk Motor Inn. ADOPTED. No. 105 L. Mobley/Address Use Of Mohawk Manor (Item # 93 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 J. Kregg/Oppose Correctional Facility/Main Corridor (Item # 97 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Request Local Law Minimum Manpower/Police (#142 12/8) (Item # 111 CCP Jan 5, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Local Law To Seize Prostitute Patron Autos (CC) (Item # 52 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Amend Section 511-12 - Permitted Uses (Item No. 145, C.C.P., Jan. 19, 1993) That this Common Council requests that the text be amended for Article V, Section 511-12, to eliminate subsection E under Permitted Uses. That the Corporation Counsel be and hereby is requested to draft an ordinance amendment to Code Section 511 allowing the offices of a nonprofit civic, religious or charitable organization in R-4 districts rather than R-2 districts. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. No. 110 Ordinance Amendment/Permitted Uses (Zng. Bd.) (Item # 55 CCP Feb 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Amend Section 511-122 - Appeal Notice (Item No. 146, C.C.P., Jan. 19, 1993) That the Corporation Counsel be and hereby is requested to draft an ordinance amendment to Code Section 511-122 (c) allowing twenty days rather that three days for notice of appeal in any case where a permit has been granted by the Director of Licenses after notice of the grant of the permit has been delivered to the Zoning Board of Appeals. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. No. 112 Ordinance Amendment/Appeal Notice (Zng. Bd.) (Item # 56 CCP Feb 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Amend Zoning Ordinance Sections (CC) (Item # 50 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Establish Special Zoning District for Burbank Area (Item No. 155, C.C.P., Feb. 16, 1993) That this Common Council supports the creation of a special zoning district for the area bounded by Delaware Park, Forest Lawn Cemetery, Medaille College, Mount St. Joseph Academy, Main Street, West Humboldt Parkway and Agassiz Circle. That the Corporation Counsel be and hereby is requested to prepare the necessary legislation. ADOPTED. No. 115 M. Brady/Request Special Zoning District/Burbank Area (Item # 96 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Enforcement Of Noise Ordinance (CC) (Item # 53 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 1993 Legislative Package (Compt) (Item # 8 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 ECIDA/Annual PILOT Agreement (Item # 89 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Oppose Recycling Review Board (PW) (Item # 38 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Reappointment of Member of Board of Parking (Item No. 3, C.C.P., May 26, 1992) That the reappointment of Mr. Donald G. Keller, residing at 174 Huntley Road, Buffalo, New York 14215, as a member of the Board of Parking for a term expiring March 31, 1999, be and hereby is confirmed. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR, PITTS- 2. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 121 LDA Southeast Corner Court and Franklin Streets (Item No. 54, C.C.P., February 16, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Bell the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: David Sengbush - Community Development Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins. CARRIED. Mr. Fahey now moved that: WHEREAS, the Buffalo Urban Renewal Agency has duly designated Court Tower Group, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That Court Tower Group, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of Downtown Renewal Phase Il. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Court Tower Group, Inc. and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR, PITTS- 2. No. 122 Settlement Agreement 32 Court (CD) (Item # 57 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 LDA Kingsley New Housing (Item No. 59, C.C.P., February 16, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Amos the item is properly before the Common Council, and the Hearing be opened. CARRIED. Mr. Fahey moved that the hearing be closed. Seconded by Mrs. LoTempio. CARRIED. Mr. Fahey now moved that: WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated James Management Co., Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and NOW, THEREFORE, BE IT RESOLVED: (1) That James Management Co., Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Kingsley New Housing Project in the Community Wide Urban Renewal Homestead Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and the Mayor of City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 124 Virginia Street New Housing Project Amendment to Land Disposition Agreement - Atkins Construction Corp. (No. 139, C.C.P., February 2, 1993) WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Atkins Construction Corp. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and WHEREAS, The proposed amendment to the Land Disposition Agreement has been duly submitted to the Common Council by the Buffalo Urban Renewal Agency; and WHEREAS, The Agency and the Redeveloper have requested to amend the LDA to include 70 Spaulding to Schedule A of said LDA for the construction of one (1) unit of residential new housing known as the Virginia Street New Housing Project; NOW, THEREFORE, BE IT RESOLVED: (1) That the Land Disposition Agreement by and between The City of Buffalo Urban Renewal Agency and Atkins Construction Corp. shall be amended as follows: a.) Amend Schedule "A" as attached hereto to include 70 Spaulding b.) All terms and provisions not included in this Amendment shall remain unchanged and shall remain in full effect. (2) That Atkins Construction Corp. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban Renewal Homestead Program. (3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed amended "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey said land so described in the subject LDA to said Redeveloper. PASSED. AYES- 13 NOES- 0. No. 125 Department of Inspections And Community Revitalization Home Program 1993/1994 Award (Item No. 67, February 16, 1993) Having received notice form the U.S. Department of Housing and Urban Development that the Home Program will be funded in 1993-1994 at an estimated level of $ 3,360,000; and in anticipation of a final notice of the award amount, Mr. Bell moved: That the Mayor be, and he hereby is, authorized to submit a formal funding request to the U.S. Department of Housing and Urban Development for the 1993-94 HOME Program. The HOME Program will be administered by the Department of Inspections and Community Revitalization, and all HOME- funded projects will require Buffalo Urban Renewal Agency and Common Council approval prior to the commitment of funds for specific projects. PASSED. AYES- 13 NOES- 0. No. 126 Department Of Inspections And Community Revitalization Home Program 1992/1993 Project Approvals Status (Item No. 68, February 16, 1993) WHEREAS, the Department of Inspections and Community Revitalization, requests that $ 500,000 of the Home Program Funds balance of $ 982,906 be approved for expenditure under the HOME C.D.B.G. Owner Assistance Program, Mr. Bell moved: That the funding for the 1992-1993 HOME C.D.B.G. Owner Assistance Program in the amount of $500,000 is hereby authorized and approved. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. RESOLUTIONS No. 127 By: Messrs. Arthur and Pitts Support Labor/Management Cooperation; Oppose Privatization WHEREAS: The Buffalo Financial Plan Commission, like many conservative think tanks across the country, has proposed that certain City functions be privatized in order to reduce costs, and by so doing the Commission has demonstrated that it has bought into the great myth of privatization -- that contracting out work will save taxpayers' money; and WHEREAS: This recommendation by the Financial Plan Commission fails to recognize the hidden costs of privatization, namely that: (1) Administrative costs grow because a larger bureaucracy is required to deal with bidding processes and contract administration and monitoring; (2) Low-ball estimates increase as contractors propose low contracts at first only to raise rates after disinvestment has occurred; (3) Service quality declines since private contractors rely on low-paid, often part-time or transient, workers and skimp on contract requirements and provide inadequate supervision; and (4) Profits leave the community as income is shifted from local workers to large contractors who take their profits and run to other locations where corporate headquarters are located; and WHEREAS: There is evidence on the federal level that the great myth of privatization -- that it saves money -- is just that, a myth. In a study of 12 instances of contracting, the General Accounting Office found that the Department of Energy spent almost 23 percent more than it would have if it had turned the work over to federal employees. In 11 of the 12 cases, federal employees could have done the work for less. In one case the cost of the contractor was 73 percent higher; and WHEREAS: This call for privatization demonstrates a clear misunderstanding of American history, failing to recognize the corruption between government and private contractors that led to the civil service reforms of the 19205. NOW THEREFORE BE IT RESOLVED THAT: This Common Council goes on record as being opposed to the privatization of City functions and commits itself to labor-management cooperation in order to improve public services and save taxpayers' money; and BE IT FURTHER RESOLVED THAT: This Common Council adopts in principal the creation of a Division of Labor Relations to be housed within a new Personnel Department as recommended by the Buffalo Financial Plan Commission in order to improve labor management cooperation. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 128 By: Messrs. Bakos & Fahey Set Public Hearing - Proposed Sale/Lease Agreements for a portion of Thruway Industrial Park Phase I - 160 Bud-Mil Drive Incubator Building WHEREAS, Buffalo Enterprise Development Corporation/Gemtex Abrasives 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; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated Sale/Lease Agreements for the disposition of a portion of Thruway Industrial Park Phase I; and WHEREAS, the terms of said Sale/Lease Agreements have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Sale/Lease Agreements has been forwarded by the City of Buffalo Urban Renewal 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 public the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 5th day of March 1993. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 16th day of March 1993. ADOPTED. No. 129 By: Mr. Collins Transfer Of Funds Capital Projects Fund Division Of Budget & Management Division Of Development That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $10,300 be and the same is hereby transferred from the Capital Projects Fund - Division of Budget & Management - Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: FROM: 200 Capital Projects Fund 06-1 Division of Budget & Management 001 Planning for Capital Projects $10,300 TO: 200 Capital Projects Fund 71-7 Division of Development 525 Relocation of Cazenovia Ball Diamonds $10,300 REFERRED TO THE COMMITTEE ON FINANCE. No. 130 By: Mr. Collins Transfer of Funds Appropriation Allotments Fringe Benefits Labor Relations 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 $20,000 be and the same is hereby transferred from the Fringe Benefits account for Hospitalization and Surgical Insurance for Retired Employees in Appropriation Allotments and said sum is hereby reappropriated as set forth below: From: 100 General Fund 813 - Fringe Benefits 170 - Hospitalization and Surgical Insurance for Retired Employees $20,000 To: 100 General Fund 06 - 3 Division of Labor Relations 001 - Labor Relations 573 - Engineering and Technical Services $20,000 REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CORPORATION COUNSEL AND THE BOARD OF ETHICS. No. 131 By: Mr. Collins Transfer of Funds Appropriation Allotments Exempt Items - Water Administrative Services - Water That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $32,100 be and the same is hereby transferred from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items -Water and said sum is hereby reappropriated as set forth below: FROM: 410 - Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements $32,100 To: 410 - Enterprise Fund - Water 021 - Administrative Services 540 - Printing and Binding $22,900 541 - Postage $ 9,200 $32,100 REFERRED TO THE COMMITTEE ON FINANCE. No. 132 By: Mr. Collins Transfer of Funds Appropriation Allotments Fringe Benefits Parking Enforcement That, pursuant to section 42 of the Charter and the Certificate the Mayor and the Comptroller submitted to the Common Council, the sum of $83,000 be and the same is hereby transferred from the Fringe Benefits account for Hospitalization and Surgical Insurance for Retired Employees in Appropriation Allotments and said sum is hereby reappropriated as set forth below: From: 100 General Fund 813 - Fringe Benefits 170 - Hospitalization and Surgical Insurance for Retired Employees $83,000 To: 100 General Fund 06 - 4 Division of Parking Enforcement 031 - Towing and Storage Operations Public Utility Service 221 - Electric, Light and Power $58,500 Purchase of Services 583 - Unclassified $24,500 Total $83,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 133 By: Mr. Collins Transfer Of Funds Increased Appropriation Appropriation Allotments Reserved Fund Balance Division Of Buildings That, pursuant to section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Buildings and the same hereby is increased in the sum of $194,000. That the Comptroller be and hereby is authorized and directed to transfer the sum of $194,000 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: From: 100 General Fund 890 -050 Reserve for Capital Appropriations $194,000 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $194,000 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $194,000 To: 200 Capital Projects Fund 40-2 Division of Buildings 063 - Reconstruction of City Owned Swimming and Diving Pools $194,000 PASSED. AYES- 13 NOES- 0. No. 134 By: Mr. Collins Transfer of Funds Appropriation Allotments Exempt Items Reserve for Capital Improvements Labor Relations 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 $600 be and the same is hereby transferred from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items -and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $600 To: 100 General Fund 063 - Division of Labor Relations 085 - Capital Outlays 982 - Operating Equipment 2 Lan drops & 2 Lan cards $600 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 135 By: Mr. Coppola Request City Referendum for 1% Tax WHEREAS: The Erie County Legislature is entertaining the idea of making the extra 1% tax a permanent tax; and WHEREAS: A large portion of the 1% tax is generated in the City of Buffalo because of Pilot Field, Kleinhans Music Hall, the theatre district for example; and WHEREAS: The City does not receive any portion of the present 1% tax; and WHEREAS: It is important for this Common Council to know if city residents support an extra l% sales tax on a permanent basis, and especially if city residents are willing to continue paying an extra 1% sales tax although we do not receive any portion of it? NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Corporation Counsel draft a referendum for the next election to provide a forum for the residents of the City of Buffalo on whether they are willing to continue paying the extra 1% sales tax although the City of Buffalo does not received its fair share. Mr. Coppola moved to adopt the above item seconded by Mr. Collins. LOST. AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, PITTS- 5. NOES- AMOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 8. No. 136 By: Mr. Coppola Request Update On Police Reorganization WHEREAS: Over the past several months, meetings have been held with the Police Commissioner and Council members to discuss police reorganization in the Delaware, North, and Niagara districts; and WHEREAS: The discussion has centered around consolidation of the three districts into one with a centrally located command center; and WHEREAS: A command center location which was explored was determined to be unacceptable; and WHEREAS: There is a desire to move forward with consolidation in the Delaware, North, and Niagara districts, but Commissioner Donovan has indicated that he wants to reorganize the entire city and is looking for four new locations for command centers; and WHEREAS: As this matter is of great importance to the citizens of Buffalo, and we do want to move forward with police reorganization, this Common Council would appreciate an update on identification of site locations. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Commissioner of Police respond by the next full Council meeting with an update on his department's search for four central command locations for police reorganization. ADOPTED. No. 137 By: Mr. Coppola Request Information on Police Overtime WHEREAS: Shortly, the Common Council will begin careful consideration of the budget for the coming year; and WHEREAS: It would be helpful during these upcoming deliberations if this Council was supplied with information from the Police Department regarding overtime for its employees. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Commissioner of Police respond to the following at the next Legislation Committee meeting: 1. In the present fiscal year, how much overtime has been used in each division of the department? 2. Who authorizes overtime? 3. What was the purpose of the overtime? ADOPTED. No. 138 By: Mr. Coppola Request Overtime Information from BSA WHEREAS: Over the past six months, there have been considerable layoffs at the Buffalo Sewer Authority; and WHEREAS: Have these layoffs increased the overtime of the remaining employees? NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that a representative of the Buffalo Sewer Authority respond in person at the next Legislation Committee meeting to the following: 1. How much overtime has been used in each department during this fiscal year? 2. Who authorizes the overtime? 3. What was the purpose of the overtime? BE IT FURTHER RESOLVED THAT This Common Council requests an opinion from the City Comptroller regarding the amount of overtime being used by the Sewer Authority. ADOPTED. No. 139 By: Mr. Coppola Request Information on Auctioning Junk Cars WHEREAS: The City of Buffalo holds weekly auto auctions at the impound lot; and WHEREAS: These auctions are attended by junk dealers, auto dealers, and citizens; and WHEREAS: It would benefit this Common Council in its future budget deliberations to know the following: 1. What procedure is used for these auctions? 2. Who is the auctioneer? 3. Who determines the opening bids for saleable vehicles and junk vehicles, and what criteria is used? 4. In the case of a junk vehicle, if it is not bid on, what happens? 5. How many vehicles are auctioned during the fiscal year? 6. What is the yearly average income from the auctions? NOW THEREFORE BE IT RESOLVED THAT this Common Council requests that the Director of Parking Enforcement respond to the above questions by the next Common Council meeting. ADOPTED. No. 140 By: Mr. Coppola Request Information on Sprinkler Charges WHEREAS: City property owners who are metered water users, and whose properties have a fire sprinkler system, also receive a quarterly fire sprinkler connection bill; and WHEREAS: These property owners are required to pay their quarterly metered water bill as well as the quarterly fire sprinkler connection bill. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Director of the Water Department respond to the following: 1. If a water user is metered, why is it necessary to charge an extra fee for a fire sprinkler connection if the sprinkler has not been activated? 2. Wouldn't the meter register the extra usage if the system was used? 3. If a fire occurred and the system was used, would the user still receive the flat rate bill for that quarter? 4. What ordinance covers the separate charge for the fire connection? ADOPTED. No. 141 By: Mr. Coppola Request Information on Release of Suspects in Shooting WHEREAS: Recently, two suspects in the shooting of two people in a West Side pizzeria were released without bail because the judge ruled that the district attorney's office had failed to provide them with attorneys; and WHEREAS: Originally, the two suspects were being held in lieu of $25,000 bail on first-degree assault and weapons charges because of extensive criminal records; and WHEREAS: Although the two suspects are indigent and eligible for public defenders, it appears that through a lack of communication somewhere in the court system, they were not provided with counsel within five days of their arrests as required by state law; and WHEREAS: As a result, the two suspects were released on their own recognizance with felony hearings scheduled for March 1. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that District Attorney Kevin Dillon and the Honorable Margaret Murphy respond to the following: 1. What part of the court system is responsible for providing counsel for indigent defendants? 2. Why was this case not presented to a grand jury for indictment? 3. As two felons with extensive criminal records were released into the community without bail, how can this be prevented in the future? REFERRED TO THE COMMITTEE ON LEGISLATION, JUDGE MURPHY AND THE ERIE COUNTY DISTRICT ATTORNEY. No. 142 By: Messrs. Coppola, Collins and Zuchlewski Termination of Robert Makowski WHEREAS: Streets Department Supervisor Robert Makowski was found guilty of nine misdemeanors and has agreed to pay the City the amount he admitted collecting in overtime for hours he never worked; and WHEREAS: Robert Makowski faces up to a year in jail, plus fines, when he is sentenced by the court on April 2; and WHEREAS: Mr. Makowski violated the public trust while holding a position of authority in the Streets Department; and WHEREAS: The Commissioner of the Street Sanitation Department should take immediate action in this matter by terminating Mr. Makowski for his fraudulent behavior. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Commissioner of Street Sanitation terminate Robert Makowski immediately for violation of the public trust by fraudulently collecting overtime pay for hours he never worked while holding a position of authority; and BE IT FURTHER RESOLVED THAT This Common Council requests that the Commissioner of Street Sanitation appear at the next Legislation Committee meeting to inform this body of the steps taken to avoid this kind of fraudulent behavior in the future. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREET SANITATION. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- LOTEMPIO- 1. No. 143 By: Mr. Coppola Memorialize State Legislature - Increase Prize Limits for Bingo WHEREAS: Several years ago, this Common Council requested that bingo legislation, which has been unchanged since 1957, be amended to allow for larger bingo prizes; and WHEREAS: This request was necessitated by the higher prizes offered in Canadian and Native American bingo halls, which has decreased the fund-raising ability of not-for-profit corporations such as church schools, and fire halls; and WHEREAS: The State Legislature has still not passed the enabling legislation, which would allow bingo operators to increase the amount of prize money offered; and WHEREAS: Bingo operators are presently allowed to offer $1,000 per session, with $250 maximum per game; an increase in the level of prizes would encourage some bingo fanatics to patronize local bingo halls. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the State Legislature pass the enabling legislation allowing higher prizes in bingo halls to make bingo operators more competitive with Canadian and Native American bingo halls. ADOPTED. AYES- ARTHUR, BAKOS, COLLINS, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS,- 9. NOES- AMOS, BELL, FAHEY, ZUCHLEWSKI- 4. No. 144 By: Messrs. Coppola and Pitts Request the Corporation Counsel To File an Opinion Concerning Establishing a Local Law Requiring That Exempt and Elected City Officials Work Full Time WHEREAS: The Buffalo Financial Plan Commission (B.F.P.C.) has submitted a report which recommends various changes which would save the City of Buffalo monies. The Commission reviewed various City departments and functions for expenditure savings and improved management efficiencies, and WHEREAS: The B.F.P.C. reviewed policies and practices such as granting sick time, costs associated with fringe benefits, the use of summer hours versus winter hours, etc., and WHEREAS: By reviewing various management issues the B.F.P.C. has implicitly looked at the issue of the productivity of City employees, and WHEREAS: The productivity of the unionized employees is clearly encompassed in the report, the question is not broached with many exempt employees and elected officials, and WHEREAS: Much of the managerial policy which affects exempt employees is based upon what is negotiated by the Unions. In terms of issues involving outside employment, etc. there are no stated practices which are evenly enforced. An example would be the City's residency requirements as it relates to some exempt employees, and WHEREAS: The policies affecting elected and appointed officials is largely based upon past practice and or tradition. An example would be that a Councilmember serves part time. NOW THEREFORE BE IT RESOLVED THAT: The Common Council request the Corporation Counsel to provide an opinion which would stipulate through Local Law that all exempt employees and elected officials shall be full time, and meet the City's residency requirements. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- BELL- 1. No. 145 By: Mr. Fahey Request Anti-cruising Ordinance WHEREAS: Cruising city streets, that is, driving up and down certain streets repeatedly during the course of an evening, can be one of the first actions of an individual before the commission of a crime; and WHEREAS: Individuals cruise the streets to scope neighborhoods for the availability of drugs, to solicit prostitution, to identify patterns of activity in households for possible burglaries, to identify patterns of potential victims for robbery and/or rape, and many other criminal acts; and WHEREAS: Cruising is also an activity of gang members looking for "fun" at the expense of neighborhood residents; and WHEREAS: Cruising, when recognized by law abiding citizens, provides one more reason for the pervasive underlying fear for the safety of our neighborhoods in the City of Buffalo; and WHEREAS: The City of Newark, New Jersey has recently enacted an anti-cruising ordinance which defines cruising as "driving a motor vehicle on streets hereinafter designated three (3) or more times within a one (1) hour period from 9:00 p.m. to 4:00 a.m., or six (6) or more times within any three (3) hour period from 9:00 p.m. to 4:00 a.m. Driving upon any of the streets mentioned a third or sixth time, as hereinabove stated, constitutes cruising; and WHEREAS: Similar legislation in the City of Buffalo prohibiting cruising from 9:00 p.m. to 5:00 a.m. could alleviate some of the problems in our neighborhoods and relieve the fears of our citizens; NOW, THEREFORE, BE IT RESOLVED: That the Common Counsel request the Corporation Counsel to draft an ordinance prohibiting cruising in the City of Buffalo; and BE IT FURTHER RESOLVED: That the Commissioner of Police suggest streets in areas with high concentration of crime, especially high drug or prostitution activity, to be included in the anti-cruising ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 146 By: Messrs. Fahey, Amos, Bell, Zuchlewski, And Perla Request Redraft Curfew WHEREAS: In 1991, this Common Council deliberated for several months over a proposed curfew ordinance which would have prohibited youths 17 years of age or younger from being on the street unsupervised between 11:00 p.m. and 6:00 a.m. on week nights, and midnight and 6:00 a.m. on weekends; and WHEREAS: Parents of youths violating the curfew would be subject to a series of fines, and/or possible jail sentence for repeated offenses; and WHEREAS: Opponents of this previous curfew legislation argued that the law would be unenforceable, interfere with parents' rights to raise children, or be enforced selectively, and the proposed ordinance was subsequently defeated; and WHEREAS: With street crimes, gang activities, vandalism, and attacks on the elderly dramatically increasing at alarming proportions in this city, there is a desperate need to reintroduce curfew legislation to protect our citizens; and WHEREAS: Each of the concerns raised in opposition to previously proposed curfew legislation has merit; however, curfew laws in other parts of the country have been successfully implemented with encouraging results providing the City of Buffalo with the opportunity to do the same; and WHEREAS: The City of Lockport, New York takes the unsupervised youth into custody, and notifies the parent to pick up the youth. Cases are handled in City Court where punishment for the parent can be a fine of up to $250.00, or imprisonment for not more than fifteen (15) days, or both; and WHEREAS: The City of Atlanta, Georgia cites that in the first five months of its curfew legislation aggravated assault has been reduced by twenty-one (21) percent from the similar period in the previous year. NOW THEREFORE, BE IT RESOLVED: That the Common Counsel requests that the Corporation Counsel research curfew legislation in other cities, especially legislation that has withstood court challenges, to redraft a local law imposing a curfew on youths 17 years of age or younger from being on the street unsupervised between 11:00 p.m. and 6:00 a.m. on week nights, and midnight and 6:00 a.m. on weekends. ADOPTED. AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4. No. 147 By: Mr. Franczyk Appointment to Radio Access Committee WHEREAS: Timothy N. B. Hall is a Buffalo resident with extensive experience in and knowledge of radio, and has worked as an announcer, manager and private consultant; and WHEREAS: Mr. Hall has expressed interest in serving on the Radio Access Committee; NOW, THEREFORE BE IT RESOLVED: That this Common Council appoint Timothy N. B. Hall of 1028 Elmwood Ave., Buffalo, NY 14208, to the Radio Access Committee. ADOPTED. No. 148 By: Mr. Franczyk Landmark Designation for 761 Fillmore Avenue WHEREAS: The Polish Union of America building at 761 Fillmore Avenue was built in 1914 as the national headquarters for its fraternal benefit society serving early Polish immigrants in Buffalo; and WHEREAS: The architect of the building was Ladislaw Zadwadzki, a well-known Polish American designer who built other prominent structures on Buffalo's East side; and WHEREAS: The dedication of the structure was a significant event in East Buffalo, as tens of thousands crowded the Broadway-Fillmore intersection at official opening ceremonies; and WHEREAS: With the strong support of the surrounding community, the P.U.A. quickly grew into a major fraternal organization with millions of dollars in assets; and WHEREAS: In its heyday the P.U.A. building contained insurance offices, a physician and dentist office, an architectural firm, a radio station, a newspaper office, a print shop, a restaurant and a consulate office of the pre-World War II Polish government; and WHEREAS: The P.U.A. building was an important financial, cultural and social center of Buffalo's Polish American community, and in recent years has continued to host community and civic events in its unique circular auditorium; and WHEREAS: Sadly, the current leadership of the P.U.A. has not only chose to abandon this historic site and relocate to Orchard Park, but also decided to callously pillage the three-story building of precious artifacts and fixtures, including an irreplaceable stained glass dome in the auditorium, a beautiful mahogany bar and art deco lighting fixtures; and WHEREAS: The P.U.A. is apparently determined to strip the exterior portal of the building, including a terra cotta entryway and historic crest depicting the Union of Poland, Lithuania and White Russia; and WHEREAS: Despite promising prospective buyers that 761 Fillmore would be sold intact, it is apparent that the P.U.A. is attempting to gut the exterior and interior of the property and then unload building replete with building code violations on the unwitting purchaser; and WHEREAS: This P.U.A. building can still be redeveloped for future reuse but only if immediate action is taken to protect the integrity of this historic structure; and WHEREAS: The stripping of the exterior of this building can be protected from further degradation with landmark designation; NOW, THEREFORE BE IT RESOLVED: That this Common Council designate the Polish Union of America Building at 761 Fillmore Avenue a local landmark; and BE IT FURTHER RESOLVED: That the Common Council request that no building permit be issued to the P.U.A. to effectuate external stripping of the building pending the decision of the Landmark Board, and That the Preservation Board be requested to prepare the application for Landmark Designation for this property. ADOPTED. No. 149 By: Mr. Higgins Payment of $7600.00 Transportation Bill to National School Bus WHEREAS: Between July 21, 1992 and August 20, 1992 National School Bus (the vendor) provided transportation services for a summer youth recreational program sponsored by the City Wellness Program and two members of this honorable body; and WHEREAS: The City Administration has said it will not honor the contract between the City Wellness Program and National School Bus for said transportation services; and WHEREAS: Despite the fact the vendor has sent thirteen (13) invoices and has made numerous calls to the City Wellness Program seeking payment for services rendered, no payment has been made. NOW, THEREFORE, BE IT RESOLVED: That the contract between the City Wellness Program and National School Bus be assigned to the Common Council; and BE IT FURTHER RESOLVED: That the $7600.00 bill for transportation services be transferred to the City Wellness Program; and BE IT FURTHER RESOLVED: That $7600.00 be transferred from an existing Common Council account to the City Wellness Program; and BE IT FINALLY RESOLVED: That the City Wellness Program is directed to make payment in the amount of $7600.00 to National School Bus within ten (10) days of the adoption of this resolution. ADOPTED. No. 150 By: Mrs. LoTempio Request the Board of Education to provide Bond Reimbursement data for Construction of Schools WHEREAS: On February 3, 1993 a letter was hand delivered to the office of Administrative Services requesting data on bond reimbursement monies that were directed to the city from the construction of the Waterfront Elementary Magnet School and all schools built during or after that time; and WHEREAS: The letter also requested additional information concerning cost estimates for the construction of the Waterfront Elementary Magnet School and other schools built in that period. In addition data was requested displaying the amount of money reimbursed to the city from modular classroom construction in various schools ; and WHEREAS: It was further requested that the data be filed with the Common Council in list form with all applicable agencies, source of reimbursements and exact dates; and WHEREAS: As of February 19, 1993 this Common Council has received no communication from the Board of Education regarding the status of this request. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests that the Board of Education expedite the requested bond reimbursement data for school building and modular classroom construction; and BE IT FURTHER RESOLVED THAT: The Board of Education file the requested data with the City Clerk's office no later than 2:00 P.M. Thursday, March 25, 1993 ADOPTED. No. 151 By: Mrs. LoTempio and Mr. Franczyk Require City of Buffalo Departments to Purchase Recycled Products WHEREAS: The City of Buffalo began curbside recycling of newspapers and corrugated cardboard on September 10, 1990; and WHEREAS: In 1991 through 1992 the city expanded it's recycling program to include the pick up of glass bottles, metal cans, plastic containers, magazines and telephone books as part of regular residential recycling services; and WHEREAS: The combined efforts of the city and it's residents have helped the city recycle more than 40 million pounds of paper products, 3.75 million pounds of glass, cans and plastic, 17 million pounds of metal and demolition material from trash loads, and composted 11.5 million pounds of yard waste in the two years since its inception; and WHEREAS: The immediate as well as long term effects of recycling have had a very positive impact on our environment. Preserving our natural resources, using less landfill space and controlling pollution are some of the primary benefits of a dynamic civic recycling program; and WHEREAS: Picking up recyclable wastes is just the beginning. Unless we initiate a policy of purchasing products made from recycled materials, the full effect of recycling to conserve our natural resources, energy and environment will never fully be realized. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requires all purchasing agents within the governmental departments of the City of Buffalo to search out and purchase specifically requested products made from recycled materials; and BE IT FURTHER RESOLVED THAT: This provision be a prerequisite for all city government purchases and inclusive in all purchasing bid processes. This provision would be nullified only if the price for purchase of a recycled item is more costly in comparison to an identical nonrecycled item; and BE IT FURTHER RESOLVED THAT: The Commissioner of General Services file a report detailing cost estimates and the feasibility of implementing this purchasing requirement; and BE IT FINALLY RESOLVED THAT: The Commissioner of General Services file this report with the City Clerk's office no later than 2:00 P.M. Thursday, March 11, 1993. ADOPTED. No. 152 By: Mr. Pitts Salary Ordinance Amendment 06 - Department of Administration & Finance 03-1 Division of Labor Relations 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 03-1 Division of Labor Relations under the subheading "001-Labor Relations", is hereby amended by adding thereto as follows: 1 Assistant Benefits Manager $22,506 - $25,957 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance Is necessary. WE, RICHARD PLANAVSKY, Commissioner of Administration and Finance and THOMAS F. KEENAN, Director of the Budget, hereby certify that the creation of one (1) Assistant Benefits Manager position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. Approved As to Form Laurence K. Rubin Corporation Counsel PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 11. NOES- COLLINS, ZUCHLEWSKI- 2. No. 153 By: Mr. Pitts Request for the Mayor to Provide the Common Council with his Recommendations from the Buffalo Financial Plan Commission WHEREAS: The Buffalo Financial Plan Commission (B.F.P.C.) has submitted its final recommendations for a five year financial and management plan for the City of Buffalo. This plan provides one hundred and four recommendations to keep the City from suffering a fiscal crisis, and WHEREAS: The B.F.P.C. has recommended that the City government begin to address these recommendations immediately. The report's various recommendations are essentially divided into changes that can be accomplished immediately, inter- mediately and through collective bargaining, and WHEREAS: The Mayor delayed his budget hearings in anticipation of the B.F.P.C.'s report. Now that the plan has been submitted the Mayor has reportedly asked his Department Heads to review the recommendations for immediate implementation, and WHEREAS: The Mayor is working to develop this year's, 1993-94 budget, which will be presented to the Common Council May 1, 1993. However, the Common Council has established a process to review the B.F.P.C. report by establishing a Committee of the Whole which will meet twice weekly beginning March 1st, and WHEREAS: While the Common Council may accept and/or reject various recommendations of the B.F.P.C. its fundamental premise that the City has to work together in order to alleviate its fiscal problems is instructive. The budget that the Mayor presents on May 1 should reflect a consensus at least of what changes can be -made immediately, and WHEREAS: If the B.F.P.C. report is to provide an impetus for change the Mayor's and Common Council's processes for review and resultant proposals should be combined well before May 1st. NOW THEREFORE BE IT RESOLVED THAT: The Common Council request that the Mayor provide the Common Council with his recommendations for changes from the Buffalo Financial Plan Commission to be included in the 1993-94 City of Buffalo Budget. ADOPTED. No. 154 By: Mr. Zuchlewski Appointment Citizens Funding Review Commission NOW, THEREFORE, BE IT RESOLVED: That, pursuant to Section 6-35 of Article VI of Chapter 6 of the Ordinances of the City of Buffalo, the Common Council does hereby appoint the following individual to the Citizens Funding Review Commission to replace Rev. John Buerk who has resigned: Wendy Eschborn 142 Roesch Avenue Buffalo, NY 14207 ADOPTED. No. 155 By: Mr. Zuchlewski Terminate Robert Makowski WHEREAS: After a yearlong investigation by the Office of the Erie County District Attorney over alleged City Hall overtime pay abuses, Buffalo Streets Department employee Robert S. Makowski pleaded guilty to nine misdemeanor charges such as attempt to defraud the government, falsification of business records and petit larceny; and WHEREAS: Mr. Makowski admitted he falsified city time sheets for time claimed as a temporary acting streets supervisor during the daytime shift, while he was actually at work as a postal supervisor; and WHEREAS: Mr. Makowski, a full time foreman, agreed to repay the city the full $4,560.06 He was overpaid from 43 instances of possible overlapping shifts that prosecutors found; and WHEREAS: Mr. Makowski faces a possible jail term of up to one year and a possible fine of up to $1,000 in addition to the amount he agreed to make as restitution to the city; and WHEREAS: Financial restitution does not absolve Mr.. Makowski for his gross misconduct. This city must take action and put a stop to this example of corruption and the flagrant misuse of the public funds; NOW, THEREFORE BE IT RESOLVED THAT: This common council requests that commissioner of the department of streets and sanitation, Bart Sumbrum and the division of labor relations commence with the necessary measures to remove Mr.. Robert Makowski from his position as an employee of the city of buffalo; and BE IT FURTHER RESOLVED THAT: The council requests a response be filed by commissioner Sumbrum and the division of labor relations by 2:00 PM Thursday, march 11, 1993, with the city clerk, specifying the measures Commissioner Sumbrum and the labor relations office have initiated to remove Mr. Makowski from the city's payroll. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- LOTEMPIO- 1. No. 156 By: Mr. Zuchlewski Special Committee on Education WHEREAS: The Buffalo Board of Education currently makes up over 50% of the city budget, and WHEREAS: Even though they receive such a large percentage of city resources, there is no ongoing dialogue with members of the Board of Education or its administrators, and WHEREAS: Councilmembers continuously receive inquiries from constituents regarding Board of Education matters and are asked by parents for their input, and WHEREAS: When the budget process is completed, there is no formal mechanism for the Common Council to express their concerns over educational matters, and WHEREAS: It is also difficult for the Board of Education to express their needs and concerns over city matters, especially fiscal concerns, and WHEREAS: The success of the recent Education Summit meeting displayed the need for an ongoing dialogue among Board Members, Administrators, and Councilmembers, NOW, THEREFORE, BE IT RESOLVED: That this Common Council request the Council President to appoint a Special Committee on Education to meet on a regular basis in order to continue the open dialogue among Members of the Board of Education, the Common Council, the Administration, and parents and to form a unified effort to strive for the betterment of education in the City of Buffalo on behalf of the children we represent. ADOPTED. No. 157 BY: Mr. Zuchlewski Request immediate Assistance from Collection Agencies in Recovering Delinquent Parking Fines WHEREAS: The City of Buffalo presently has approximately $14.8 Million ($14,800,000) in outstanding parking summonses; and WHEREAS: Aggressive strides in the past to identify and collect outstanding delinquent parking summonses have failed to substantially reduce this tremendous debt owed to the city; and WHEREAS: Forty one thousand (41,000) delinquent parking fine notices were recently 'sent to violators but the effort was thwarted because it was found that 1/3 of the addresses were wrong or obsolete; and WHEREAS: Upscaled measures must be taken to initiate an effective and immediate plan to identify and locate violators and recover this enormous lost revenue to the city; and WHEREAS: A plan to employ a collection agency to assist in the recovery of delinquent fines has been endorsed by the Common Council and the Buffalo Financial Commission's Five Year Financial and Management Plan; and WHEREAS: The Commissioner of Administration and Finance and the Director of the Parking Violations Bureau have indicated that they are prepared to initiate a recovery effort employing a collection agency in line with the Buffalo Financial Commission's recommendations; and WHEREAS: The Parking Violations Bureau should expedite a recovery effort utilizing the services of a collection agency to gain revenues which could be used to ease the impact of the city's huge budget deficit. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council request the Director of the Parking Violations Bureau to immediately start a plan utilizing the service of a collection agency for the recovery of delinquent parking fines owed to the city; and BE IT FURTHER RESOLVED THAT: The Parking Violations Bureau submit monthly updates to inform this body of progress made in recovering the outstanding revenue. ADOPTED. No. 158 By: Mr. Zuchlewski Existing Water Tap Policy WHEREAS: The City of Buffalo Water Dept. recently institute a change in their policy for repairing existing water service lines by no longer allowing plumbers to utilize existing 5/8" or 1/2" screw taps, and WHEREAS: The new policy requires the plumber to install a new 3/4" tap even though the existing tap is adequate and usable, and WHEREAS: This new policy adds an additional $400 to the cost of doing this type of work above the average $1500 cost of repairing a broken water line, and WHEREAS: The average homeowner does not plan for the expense of a broken water line and we should not be placing arbitrary added costs to this type of work, and WHEREAS: In the notification to plumbers, the Water Division misrepresented an existing city ordinance in justifying its authority to require this work, and NOW, THEREFORE, BE IT RESOLVED: That this Common Council request the Director of the Division of Water to come to the next meeting of the Legislation Committee to explain in detail the rationale behind this new policy and the authority by which he is empowered to do this, BE IT FURTHER RESOLVED: That the Corporation Counsel advice this Common Council on whether the change in policy was done legally and proper. ADOPTED. No. 159 By: Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Justice For Janitors By Councilmember George K. Arthur ADOPTED. No. 160 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: Robert J. Baldes Jr. Richard Ehrensberger Theresa M. Gantz Debbie A. Girard Carol A. Grabar Ronald K. Hoztman Jesse H. Jackson Linda S. Jackson Donald Lieberman Gloria A. Long Linda M. McKowan Mary Rita Miller Evelyn M. Pietrzak Mary A. Pillitieri Betty M. Ribic Lewis D. Rogers Jr. Sandra L. Rutzen Ursula C. Schifferle Bernard Sicherman Dena H. Stainsby Rose S. Vohwinkel Melvin H. Watkins James Williams Total: 23 ADOPTED. No. 161 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: Marlene Benjamin Maureen Brew Michael J. Caputi Lewis D. Cohen Patricia Curto Alexander Montalvo Larry J. Schiavone James T. Sweeney Richard Santucci Total: 9 ADOPTED. No. 162 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, MAR 9, 1993 9:30 AM FINANCE Tuesday, MAR 9, 1993 Immediately Following Civil Service LEGISLATION Tuesday, MAR 9, 1993 2:00 PM ECONOMIC DEV. Wednesday, MAR 10, 1993, 10:00 AM ANCILLARY COMMITTEES BUFFALO FINANCIAL COMMISSION Thursday, Mar 4, 1993, 11:00 AM BLOCK GRANT HEARINGS Monday, Mar 8, 1993, 6:00 PM No. 163 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Bakos the Council adjourned at 4:20 P.M. CHARLES L. MICHAUX, III CITY CLERK Meeting reported by Leonard G. Sciolino, Council and Committee Reporter. COMMON COUNCIL CITY HALL BUFFALO, NEW YORK SPECIAL SESSION FEBRUARY 24, 1993 AT 10:30 A.M. Present - George K. Arthur, President of the Common Council and Councilmembers: Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Pitts, Zuchlewski. - 10. Absent - Councilmembers Amos, Bakos, Perla. - 3. No. 1 Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated February 19, 1993, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in Room 1417 City Hall, Buffalo, New York, on February 24, 1993 at 10:30 a.m. for the following purpose: (1) To resolve into the Committee of the Whole; and (2) To consider Item No. 86, C.C.P., 2/16/93 -Buffalo Financial Planning Commission Final Report and Item No. 161, C.C.P, 2/16/93 - Support Financial Planning Commission Principles and to take appropriate action thereon. David Franczyk President Pro Tempore of the Council RECEIVED AND FILED. Hon. George K. Arthur President of the Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: (1) To resolve into the Committee of the Whole; and (2) To consider Item No. 86, C.C.P., 2/16/93 -Buffalo Financial Planning Commission Final Report and Item No. 161, C.C.P., 2/16/93 - Support Financial Planning Commission Principles and to take appropriate action thereon. WE request that this Special Meeting be held on February 24, 1993 at 10:30 a.m. in Room 1417 City Hall. Norman Bakos Rosemarie LoTempio Brian Higgins James W. Pitts Alfred T. Coppola Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: ARCHIE L. AMOS, JR. DAVID FRANCZYK NORMAN M. BAKOS CARL A. PERLA, JR. CLIFFORD BELL BRIAN HIGGINS DAVID A. COLLINS ROSEMARIE LoTEMPIO ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DALE ZUCHLEWSKI hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on February 24, 1993 a 10:30 am. STATE OF NEW YORK) COUNTY OF ERIE) SS: CITY OF BUFFALO On this 22nd day of February, 1993, before me, the subscribers, personally appeared: Norman Bakos, Rosemarie LoTempio, Brian J. Higgins, Archie L. Amos, Jr., Dale L. Zuchlewski, Carl A. Perla, Jr., James W. Pitts, Alfred T. Coppola, David A. Collins and Clifford Bell to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Charles L. Michaux, III Commissioner of Deeds, in and for the City of Buffalo, N.Y. Commission expires 12/31/94 No. 2 Resolve into the Committee of the Whole Mr. Fahey now moved that the Common Council resolve into the Committee of the Whole for the Purpose of considering the following items: 1. Buffalo Financial Plan Commission - Final Report (Item No. 86, C.C.P. February 16, 1993) 2. Support Financial Plan Commission Principles (Item No 161, C.C.P. February 16, 1993) Seconded by Mr. Bell. ADOPTED. No. 3 Councilmember Bakos now took his seat at 10:40 A.M. Councilmember Perla now took his seat at 10:44 A.M. Councilmember Amos now took his seat at 10:45 A.M. Councilmember Collins now left his seat at 11:20 A.M. No. 4 There being no further business in connection with the consideration of the Buffalo Financial Plan Commission Final Report or Support of the Commission Principles, it was moved by Mr. Fahey, Seconded by Mr. Pitts that the Committee of the Whole now resolve into the Common Council. CARRIED. No. 5 Recess At 12:10 P.M., Mr. Fahey moved to Recess until, Monday, March 1, 1993 at 10:00 A.M. Seconded by Mr. Pitts. No. 6 At 10:00 A.M. Monday, March 1, 1993, the Common Council reconvened with the following members: Present - George K. Arthur, President of the Common Council and Councilmembers: Amos, Bakos, Bell, Franczyk, Higgins, LoTempio, Perla, Pitts, Zuchlewski. - 10. Absent - Councilmembers Collins, Coppola, Fahey. - 3. No. 7 Resolve into the Committee of the Whole Mr. Pitts now moved that the Common Council resolve into the Committee of the Whole for the Purpose of considering the items pertaining to the Buffalo Financial Plan Commission Report. ADOPTED. No. 8 Members Take/Leave Their Seats in Chambers. Councilmember Collins now took his seat at 10:10 A.M. Councilmember Coppola now took his seat at 10:13 A.M. Councilmember Amos now left his seat at 10:30 A.M. Councilmember Pitts now left his seat at 11:00 A.M. Councilmember Amos now took his seat at 11:22 A.M. No. 9 There being no further business in connection with the consideration of the Buffalo Financial Plan Commission Final Report or Support of the Commission Principles, it was moved by Mr. Bell, Seconded by Mr. Collins that the Committee of the Whole now resolve into the Common Council. CARRIED. No. 10 Recess At 11:40 A.M., Mr. Collins moved to Recess until, Thursday, March 4, 1993 at 11:00 A.M. Seconded by Mr. Coppola. No. 11 At 11:00 A.M., Thursday, March 4, 1993, the Common Council reconvened with the following members: Present - George K. Arthur, President of the Common Council and Councilmembers: Amos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla, Pitts, Zuchlewski - 9. Absent - Councilmembers Bakos, Franczyk, Perla, Pitts. - 4 No. 12 Resolve into the Committee of the Whole Mr. Fahey now moved that the Common Council resolve into the Committee of the Whole for the Purpose of considering the items pertaining to the Buffalo Financial Plan Commission Report. ADOPTED. No. 13 Members Take/Leave Their Seats in Chambers Councilmember Bakos now took his seat at 11:10 A.M. Councilmember Franczyk now took his seat at 11:15 A.M. Councilmember Perla now took his seat at 11:32 A.M. No. 14 There being no further business in connection with the consideration of the Buffalo Financial Plan Commission Final Report or Support of the Commission Principles, it was moved by Mr. Fahey, Seconded by Mr. Bell that the Committee of the whole now resolve into the Common Council. CARRIED. No. 15 On a Motion by Mr. Fahey, Seconded by Mr. Amos the Common Council approved the schedule for the Department by Department deliberations of the Financial Commission Plan report as outlined by the attached memo. Seconded by Mr. Amos. ADOPTED. No. 16 Adjournment At 12:10 P.M., Mr. Fahey moved to Adjourn. Seconded by Mr. Collins. Board of Police and Fire Pension Proceedings Mayor's Office-201 City Hall February 25, 1993-11:00 a.m. Present: George K. Arthur, Council President; James D. Griffin, Mayor; R. Michael McNamara, Deputy Comptroller-3 Absent: None The Journal of the last Meeting was approved No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of February 1993 amounting to $31,863.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. No. 2 The following annuitants have been cancel led from the Fire Pension Payroll: Marion M. Quinn Died January 2, 1993 Received and Filed No. 3. I transmit herewith the Pension Payroll for the Police Pension Fund for the month of February 1993 amounting to $37,660.78, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. No. 4. The following annuitants have been cancel led from the Police Pension Payroll: Frances Sullivan Died January 21, 1993 Received and Filed No. 5. On motion by Mr. Griffin, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.