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Home My WebLink About93-0316 No. 6 1Common Council Proceedings of the City of Buffalo Regular Meeting, March 16, 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. Pills - 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. Pills, Chairman, George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. PerIa, 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. Pills, 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 Pills, 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. PerIa, 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. Pills, Chairman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski. PARKS DEPARTMENT OVERSIGHT COMMITTEE: James W. Pills, 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. CareIa, 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, 16 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. Collins, the minutes of the stated meeting held on March , 2 1993, and the Special Session held on February 24, 1993 (and Recessed Sessions held on March 1, and March 4, 1993) were approved. FROM THE MAYOR No. 1 Reappointment of Members of Emergency Medical Services Board Pursuant to the powers vested in me by Section 6 of Chapter 72 of Part II of the Code of the City of Buffalo, I hereby reappoint the below listed persons as members of the Emergency Medical Services Board for terms expiring February 28, 1996: Reverend John R. Gaglione 795 Main Street Buffalo, 14203 Dr. Gregory E. Young 8590 Phillips Road Holland, 14080 Dr. Richard S. Elman 77 Twilight Lane E. Amherst, 14051 I hereby certify that the above listed persons are fully qualified to serve as members of the Emergency Medical Services Board. RECEIVED AND FILED. No. 2 Reappointment of Members of Board of Appeals Pursuant to the power vested in me by Chapter 511, Section 121, Article XXIV of Part II of the Code of the City of Buffalo, I hereby reappoint the below listed persons as members of the Board of Appeals for terms expiring March 11, 1996: Sheila Diebold 180 Soldiers Place Buffalo, 14222 William J. Collins, Jr. 343 Newburg Avenue Buffalo, 14215 I hereby certify that Sheila Diebold and William J. Collins, Jr. are fully qualified for reappointment to the Board of Appeals. RECEIVED AND FILED. No. 3 Reappointment of Member of Horizons Waterfront Commission, Inc. Pursuant to the powers vested in me by Section 3 (ii) of Article II of the By-Laws of the Horizons Waterfront Commission, Inc., as amended, I hereby reappoint Daniel Cunningham as a voting director of the Horizons Waterfront Commission, Inc., for a term expiring March 2, 1995. I hereby certify that Daniel Cunningham is fully qualified for reappointment as a voting director of the Horizons Waterfront Commission, Inc. RECEIVED AND FILED. No. 4 Renewal of Franchise with TCI of New York, Inc. I would like to advise your Honorable Body of my concerns and thoughts regarding renewal of the cable television franchise with TCI. The Common Council has historically been solely responsible for these negotiations and administration of the franchise agreement. However, the impact of this franchise on the City budget, the public right of way and the quality of life in this city requires input by my office at this crucial time in the negotiation process. I would like to set forth what I believe should be the four priorities of the franchise renewal negotiations: 1. Maximizing franchise revenues for the city. 2. Maximizing cable television service options for city-residents. 3. Improving cable services and technology to promote economic development. 4. Using public access television to improve elementary and secondary education for city school children. First, the Council should require TCI to waive the cable franchise fee credit which it has used to reduce its special franchise tax by $147,722.16 last year. These revenues are in addition to the 5% franchise fee cap imposed by Federal law. Second, a wider range of cable rate options should be required. I have previously expressed to the Council my dissatisfaction with my imminent rate restructuring. Third, fiber optic cabling should be speeded up, particularly for the downtown business district and to connect city buildings. Information networks are key to business development and TCI should be proposing ways that their network can assist our local businesses. A "paperless downtown" may not be realistic, but the twenty-first century will demand elements of such a concept. In addition, we should look at cable as a way of reducing our in-house communication costs. Lastly, but certainly not least, our cable system should be helping our school system. Television has replaced reading in too many homes. While we may not be able to change that, we should recognize this reality and try to use television, through public access, to bring educational activities into the home and improving the quality of classroom teaching. I wish you success in your efforts. All departments in my administration are available to assist you. REFERRED TO THE SPECIAL COMMITTEE ON CATV. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 5 Columbia Holdings Ltd. - Request to Rezone a Portion of 1092-1108 Broadway from R2 to C2 Item No. 72, C.C.P., March 2, 1993 The City Planning Board at its regular meeting held Tuesday, March 9, 1993 considered the above request pursuant to Section 511-126 of the Buffalo Code, Amendments to the Zoning Ordinance. The applicant seeks to rezone 30,000 square feet of property addressed at 1092-1108 Broadway from R2 to C2 to allow for the development of a video film rental operation. The site had been used by a restaurant with the portion which had been zoned R2 used for patron parking. The former owner had received a variance from the Zoning Board of Appeals to allow for the accessory parking. Under S.E.Q.R., the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the rezoning of the property from R2 to C2 as requested. RECEIVED AND FILED. FROM THE BOARD OF PARKING No. 6 Skyway - Thruway Loop Bid Results The Board of Parking advertised seeking proposals for a three year lease for the above stated parcel on February 16, 1993. The bid opening was held on March 3, 1993 at 11:00 a.m. in the office of the Board of Parking, 1801 City Hall. The results are: Bidder Bid (annual rental) Multiple Parking Services, Inc. $220,000 107 Delaware Avenue - Suite 335 Buffalo, NY 14202 The Board of Parking recommends that your Honorable Body accept the bid of Multiple Parking Services Inc. in the amount of $220,000 annually and award them a three year lease. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 7 Free Use of Memorial Auditorium to the Skating Association For The Blind and Handicap on March 25, 1993 for Dress Rehearsal and again on March 27, 1993 for their Annual Ice Show The Board of Stadium and Auditorium has once again received a request from the Skating Association for the Blind and Handicap for free use of Memorial Auditorium on March 25, 1993 for their dress rehearsal and again on March 27, 1993 for their Annual Ice Show. The Skating Association for the Blind and Handicap (SABAH) is a non-profit organization assisting handicapped persons through the instruction and development of ice skating skills to improve their coordination, motor skills and their overall health. With the assistance of this program, these handicapped persons have been able to experience ice skating that they otherwise may have been denied. The Skating Association for the Blind and Handicap have agreed to supply the necessary certificate of insurance, proper security and as mandated by New York State Law, have medical personnel on staff in the emergency room located in Memorial Auditorium. The Board of Stadium and Auditorium hereby recommends that your Honorable Body approve the free use of Memorial Auditorium to the Skating Association for the Blind and Handicap on March 25, 1993 for their dress rehearsal and again on March 27, 1993 for their annual ice show. Mr. Fahey moved: That the communication from the Board of Stadium and Auditorium, dated March 1, 1993, be received and filed; and That the Board of Stadium and Auditorium be, and it hereby is, authorized to grant free use of Memorial Auditorium on March 25, 1993 for their dress rehearsal and again on March 27, 1993 to the Skating Association for the Blind and Handicapped to present their Annual Ice Show. The Skating Association for the Blind and Handicapped will provide the necessary certificate of insurance, provide the necessary security and comply with the New York State Health Code regarding emergency medical staffing. PASSED. AYES- 13 NOES- 0. FROM THE ADVOCACY OFFICE FOR PERSONS WITH DISABILITIES No. 8 Request Discussion on Assistive Listening Devices On behalf of the Mayor's Advisory Committee for Persons With Disabilities, I would like to see the issue of the Assistive Listening Device for Common Council Chambers submitted to the finance committee so the full committee has the opportunity to address the Common Council on this important issue (as per the attached letter of recommendation). REFERRED TO THE COMMITTEE ON FINANCE AND THE CITY CLERK. FROM THE COMPTROLLER No. 9 Certificate of Determination Certificate of Determination by the Comptroller determining the terms, form and details of issuance of (l) $14,664,000 General Improvement Serial Bonds 1993-A (2) $16,125,000 School Serial Bonds 1993-B of the City of Buffalo, New York, aggregating $30,789,000 and providing for the private sale thereof. The Bonds are hereby sold at private sale to Paine Webber Incorporated, New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated February 23, 1993, between said Managing Underwriter and the City. The Bonds of both issues will be dated February 15, 1993 and will bear interest at the rate(s) per annum specified by the underwriters therefor in accordance herewith, payable on August 15, 1993 and semi-annually thereafter on the fifteenth days of February and August in each year until maturity. The Bonds will be delivered and shall be paid for on or about March 9, 1993 in New York, New York. An Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. RECEIVED AND FILED. No. 10 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items Reserve for Capital Improvements Capital Projects Fund Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $575.00 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 26, 1993 RECEIVED AND FILED. No. 11 Certificate of Necessity Increased Appropriation Transfer of Funds Reserve for Capital Appropriations Comptroller 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 $15,720 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Capital Outlay - Department of Audit and Control - Comptroller 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 the General Fund - Reserve for Capital Appropriations account 100-890-050 not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: Buffalo, New York, March 8, 1993 RECEIVED AND FILED. No. 12 Certificate of Necessity Transfer of Funds Capital Projects Fund Budget and Management Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $30,000 be transferred and reappropriated from the Capital Projects Fund - Budget and Management - Planning for Capital Projects account, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, March 8, 1993 RECEIVED AND FILED. No. 13 Certificate of Necessity Increased Appropriation Appropriation Allotments Reserved Fund Balance Department Of Fire 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 $32,208 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments -Department of Fire 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 5, 1993 RECEIVED AND FILED. No. 14 Certificate of Necessity Increased Appropriation Appropriation Allotments - Reserved Fund Balance Division Of Parking Enforcement We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $50,000 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Division of Parking Enforcement 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, March 10, 1993 RECEIVED AND FILED. No. 15 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items - Water Department of 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 $300,000 be transferred and reappropriated from Reserve for Capital Improvements in Appropriation Allotments -Exempt Items - Water, as set forth below: The amount 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, March 10, 1993 RECEIVED AND FILED. No. 16 Certificate of Necessity Increased Appropriation Appropriation Allotments - Fund Balance Reserve Department of Assessment 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 $8,000 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Department of Assessment 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 Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, MARCH 12, 1993 RECEIVED AND FILED. No. 17 Response to Buffalo Fire Historical Society Interest in 421 Best Street Item No. 87, C.C.P. 2/16/93 Your Honorable Body has forwarded the above mentioned item to this office for a response and to the Economic Development Committee. The item is a letter from the Buffalo Fire Historical Society which outlines their attempts to acquire the former firehouse at 421 Bet Street (former Engine # 21 and Truck #16). The firehouse was abandoned by the City in September 1989. Due to a number of parties interested in purchasing the property the property was put up for auction in February 1992. The three highest bidders were: Bidder's Name Amount Bid 1. PBL Holding, Inc. $42,000 Cosimo Polino 2. Buffalo Fire $41,000 Historical Society 3. Cedar Wrecking $27,000 The amount of the highest bid, $42,000 from PBL Holding, Inc., was reported to Your Honorable Body, Item # 20, C.C.P. 3/17/92. Due to neighborhood opposition to the proposed use of the property and lack of proper zoning, the Common Council voted to Receive and File the bid, Item # 92, C.C.P. 9/15/92. Mr. James Shields of the Buffalo Fire Historical Society was notified by the Division of Real Estate that P.B.L. Holdings bid was not accepted. The Common Council could approve the Buffalo Fire Historical Society's bid of $41,000 that was offered at public auction in February 1992. On 11/10/92 the Common Council received a request from Community Action Information Center requesting that the Common Council recommend and approve that B.U.R.A. designate Community Action Information Center as developer of the property for low income housing. In the past Your Honorable Body has transferred City property to B.U.R.A. for such purpose for a nominal one dollar ($1.00). B.U.R.A. is required to advertise for bidders and designate a developer for the property. The City of Buffalo does not participate in the proceeds from the sale of City assets that are sold by B.U.R.A. In Item # 24, C.C.P. 1/21/92, now before the Common Council Economic Development Committee, I recommend that City property not be transferred to B.U.R.A. without adequate consideration being received by the City of Buffalo. Article 27, Section 522 of the City Charter states that "Real Property ... may be sold or leased for a term not exceeding 99 years, or otherwise dispose of, to any person, firm or corporation at public auction or by sealed bid at the highest marketable price or rental. . Given the City's current fiscal situation, City Charter requirements and the recent recommendations from the Buffalo Financial Planning Commission, City Property should not be sold or transferred to B.U.R.A. without the City receiving adequate value for the property. Therefore, should the Common Council approve either the request from Community Action Information Center or the Buffalo Fire Historical Society, I would recommend that the property not be sold for less than the $41,000 offered by the Buffalo Fire Historical Society at public auction and that the proceeds from any such sale be deposited in the City of Buffalo General Fund. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 18 Permission to Negotiate 231 Doat, S E Corner Brinkman Vacant Lot Size: 33' x 80' Assessed Valuation: $2,000 The Office of the Comptroller, Division of Real Estate, has received a request from Thomas J. Nichols of 237 Doat Street, Buffalo, New York 14211 to purchase the above captioned property. Mr. Nichols would like to purchase this property in order to maintain and beautify. 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 March 9, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Thomas J. Nichols of 237 Doat Street, Buffalo, for the private sale of 231 Doat and report to this Honorable Body the results of such negotiations. ADOPTED. No. 19 Permission to Negotiate 258-260 Glenwood, N E Corner Verplanck Vacant Lot Size: 33' x 100' Assessed Valuation: $2,500 The Office of the Comptroller, Division of Real Estate, has received a request from Joanne T. Mingo of 225 Fox Street, Buffalo, New York to purchase the above captioned property. Ms. Mingo would like to purchase this property, which is adjacent to a double home she just purchased at 264 Glenwood. She would like to use this property for extra yard space and for easier access around her property. 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 23, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Joanne T. Mingo of 225 Fox Street, Buffalo, for the private sale of 258-260 Glenwood and report to this Honorable Body the results of such negotiations. ADOPTED. No. 20 Permission to Negotiate 21 Milnor, E 197.50' N William Vacant Lot Size: 25' x 147' Assessed Valuation: $1,400 The Office of the Comptroller, Division of Real Estate, has received a request from Michael Torres of 23 Milnor Street,. Buffalo, New York 14204 to purchase the above captioned property. Mr. Torres Purchased a new home from the City of Buffalo and would like to purchase the adjoining vacant lot for extra yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. 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 March 9, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Michael Torres, of 23 Milnor Street, for the private sale of 21 Milnor and report to this Honorable Body the results of such negotiations. ADOPTED. No. 21 Permission to Negotiate 113 Montana, E 473.36' S Ferry Vacant Lot Size: 30' x 109' Assessed Valuation: $2,600 The Office of the Comptroller, Division of Real Estate, has received a request from Rodney Scott of 45 Northumberland Street, Buffalo, New York to purchase the above captioned property. Mr. Scott would like to purchase this property, which is adjacent to a house he owns at 109 Montana, for an expansion of his yard. 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 Off ices 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 March 1, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Rodney Scott, of 45 Northumberland Street, for the private sale of 113 Montana and report to this Honorable Body the results of such negotiations. ADOPTED. No. 22 Permission to Negotiate 22 Orange, W 42.30' W of N. Cherry Vacant Lot Size: 30' x 57' Irreg. Assessed Valuation: $1,000 The Office of the Comptroller, Division of Real Estate, has received a request from Betty Edwards Jordan of 39 Lemon Street, Buffalo, New York to purchase the above captioned property. Ms. Jordan would like to purchase this property in order to square off her property. 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 March 9, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Betty Edwards Jordan, of 39 Lemon Street, for the private sale of 22 Orange and report to this Honorable Body the results of such negotiations. ADOPTED. No. 23 Permission to Negotiate 535-539 Perry, S 50' E Hamburg Vacant Lot Size: 21' x 90' Assessed Valuation: $2,800 The Office of the Comptroller, Division of Real Estate, has received a request from Mary K. Mahaney of 533 Perry Street, Buffalo, New York 14210-1301 to purchase the above captioned property. Ms. Mahaney recently purchased a newly constructed home and has requested to purchase the access property next to her home. She has seeded and is maintaining this piece of land. Ms. Mahaney intends to fence in the property and use for extra yard space. 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 March 9, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mary K. Mahaney, of 533 Perry Street, for the private sale of 535-539 Perry and report to this Honorable Body the results of such negotiations. ADOPTED. No. 24 Permission to Negotiate 609 Sycamore, SE W Corner Johnson Vacant Lot Size: 34' x 93' W Assessed Valuation: $1,500 The Office of the Comptroller, Division of Real Estate, has received a request from Alfonzo Shack of 600 Sycamore Street, Buffalo, New York 14212 to purchase the above captioned property. Mr. Shack would like to purchase this property for off-street parking purposes, since parking is limited. 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 on condition that Mr. Shack obtain a curb cut permit and properly pave and drain that area in question. This office will report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated March 9, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Alfonzo Shack, of 600 Sycamore Street, for the private sale of 609 Sycamore and report to this Honorable Body the results of such negotiations. Any private sale to Mr. Shack shall include the condition that Mr. Shack obtain a curb cut permit and properly pave and drain the area. ADOPTED. No. 25 Results of Negotiations 199 Dodge, S 76.50' W Masten Vacant Lot: 23.50' x 87.50' Assessed Valuation: $800 Item No. 20, C.C.P. 9/15/92 In the above referenced Item Your Honorable Body authorized this Office to negotiate a private sale with Ms. Katherine L. Glenn of 197 Dodge Street, Buffalo, New York to purchase the above property which is adjacent to her home for extra yard space. An independent appraisal of the property was conducted by Jerome E. Goldstein, 295 Main Street, Buffalo, New York 14203. He has estimated the fair market value of the property to be Eight Hundred Dollars ($800). This represents about Thirty-Nine Cents (.39) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Katherine L. Glenn has agreed and is prepared to pay Eight Hundred Dollars ($800) for the property. She has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 199 Dodge Street to Ms. Katherine L. Glenn in the amount of Eight Hundred Dollars ($800). I am further recommending that the Mayor be authorized to sign the necessary documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated March 2, 1993, be received and filed; and That the offer of Ms. Katherine L. Glenn, 197 Dodge Street, in the sum of $800.00 (Eight Hundred Dollars) to purchase the property described as 199 Dodge Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 26 Results of Negotiations 129 E. Ferry, S Corner Masten Vacant Lot: 70' x 100' Assessed Valuation: $2,500 Item No. 13, C.C.P. 9/29/92 In the above captioned Item Your Honorable Body authorized this office through the Division of Real Estate to negotiate a private sale with Pastor Otis C. Tillman, Gospel Expansion Foundation, 461 Masten Avenue, P.O. Box 2, Buffalo, New York 14209. The Gospel Expansion Foundation intends to have a structure erected which will serve as a food pantry and community recreation center. They have provided this office with a plan for construction and financial ability to do so. An independent appraisal of the property was conducted by Mr. Jerome E. Goldstein, 1060 Ellicott Square Building, 295 Main Street, Buffalo, New York 14203. He has estimated the fair market value of the property to be Twenty-Five Hundred Dollars ($2,500). This represents approximately Thirty-Six Cents (.36) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that the Gospel Expansion Foundation has agreed and is prepared to pay Twenty-Five Hundred Dollars ($2,500) for the property. They have also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 129 E. Ferry Street to the Gospel Expansion Foundation in the amount of Twenty-Five Hundred Dollars ($2,500). This recommendation is subject to the Gospel Expansion Foundation obtaining the necessary building permits. I am further recommending that the Mayor be authorized to sign the necessary documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated March 9, 1993, be received and filed; and That the offer of Pastor Otis C. Tillman, Gospel Expansion Foundation, 461 Masten Avenue, in the sum of $2,500.00 (Two Thousand and Five Hundred Dollars) to purchase the property described as 129 East Ferry Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 27 Results of Negotiations 1228 Jefferson, W N Corner Eaton Vacant Lot: 35' x 130' Assessed Valuation: $2,280 1252 Jefferson, W 86' S Riley Vacant Lot: 30.50' x 100' Assessed Valuation: $1,600 Item No. 101, C.C.P. 1/5/93 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Pastor Al B. Sutton, Jr. of Free Spirit Missionary Baptist Church, 1242 Jefferson Avenue, Buffalo, New York. The Church intends to use these properties for church expansion and parking facilities. An independent appraisal of the properties were conducted by Mr. Dennis Walker, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York. He has estimated the fair market value of the lot at 1228 Jefferson to be Twenty-Two Hundred and Thirty Dollars ($2,230). He has estimated the vacant lot at 1252 Jefferson Avenue to be Twelve Hundred and Twenty Dollars ($1,220). This represents about Fifty-One Cents (.51) and Forty Cents (.40) per square foot respectively. The Division of Real Estate concurs with the appraisers estimates of values. The results of our negotiations are that the Free Spirit Missionary Baptist Church has agreed and is prepared to pay Twenty-Two Hundred and Thirty Dollars ($2,230) for the lot at 1228 Jefferson and Twelve Hundred and Twenty Dollars ($1,220) for the vacant lot at 1252 Jefferson Avenue. They have also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal descriptions. Therefore, I am recommending that Your Honorable Body authorize the sale of 1228 & 1252 Jefferson Avenue to the Free Spirit Missionary Baptist Church in the amount of Thirty-Four Hundred and Fifty Dollars ($3,450). I am also recommending that the Mayor be authorized to sign the necessary documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated March 11, 1993, be received and filed; and That the offer of Pastor Al B. Sutton, Jr. of Free Spirit Missionary Baptist Church, 1242 Jefferson Avenue, in the sum of $3,450.00 (Three Thousand Four Hundred and Fifty Dollars) to purchase the properties described as 1228 & 1252 Jefferson Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 28 Results of Negotiations 35 Milnor, E 322.50' N William Vacant Lot: 25' x 147' Assessed Valuation: $800 Item No. 11, C.C.P. 3/31/92 In the above referenced Item Your Honorable Body authorized the Comptroller's Office, Division of Real Estate to negotiate a private sale with Mrs. Dorothy Brown of 29 Milnor Street, Buffalo, New York. Mrs. Brown, who has been maintaining this property for a number of years, intends to use this property for extra yard space. An independent appraisal of the property was conducted by Able Appraisal Associates, Mr. Dennis Walker, 43 St. Paul Street, Buffalo, New York. He has estimated the fair market value of the property to be Fourteen Hundred and Fifty Dollars ($1,450). This represents about Thirty-Nine Cents (.39) a square foot. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sale prices range from Twenty-Nine Cents (.29) to Forty-Eight Cents (.48) a square foot. The results of our negotiations are that Mrs. Dorothy Brown has agreed and is prepared to pay Eleven Hundred Dollars ($1,100) for the property. This represents approximately Thirty Cents (.30) per square foot. She has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the offer from Mrs. Brown in the amount of Eleven Hundred Dollars ($1,100). I am further recommending that the Mayor be authorized to sign the necessary documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated March 3, 1993, be received and filed; and That the offer of Mrs. Dorothy Brown of 29 Milnor Street, Buffalo, in the sum of $1,100.00 (One Thousand and One Hundred Dollars) to purchase the property described as 35 Milnor Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. No. 29 Results of Negotiations - Portion of 243-253 Wood E 420 N Walden 63.44' x 104.47 Rear Land of 239 Wood Item No. 20, C.C.P. 12/22/92 In the above captioned Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Alvin Kapus of 239 Wood Street, Buffalo, New York to purchase a 63.44' x 104.47' portion of land behind his home. This vacant land is owned by the City of Buffalo and is a portion of 243-253 Wood Street. Mr. Kapus intends to use this property for extra yard space. An independent appraisal of the property was conducted by Mr. Tom Evege, Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated the fair market value of this parcel to be Four Hundred and Sixty-Five Dollars ($465). This represents about Seven Cents (.07) a square foot. The Division of Real Estate has investigated the sales of similar properties in the subject area. Sale prices range from Seven Cents (.07) per square foot to Fourteen Cents (.14) per square foot. This would indicate a value of approximately Eight Hundred and Fifty ($850) for the subject property. The results of our negotiations are that Mr. Alvin Kapus has agreed and is prepared to pay Six Hundred and Fifty Dollars ($650) for the subject property. This represents approximately Ten Cents (.10) per square foot. He has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body authorize the sale of a portion of 243-253 Wood Street to Mr. Alvin Kapus in the amount of Six Hundred and Fifty Dollars ($650). I am also recommending that the Mayor be authorized to sign the necessary documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated March 11, 1993, be received and filed; and That the offer of Mr. Alvin Kapus of 239 Wood Street, Buffalo, in the sum of $650.00 (Six Hundred and Fifty Dollars) to purchase the property described as 243-253 Wood Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 30 Independent Appraisal Service, Inc. to be Added to Qualified Appraisal List This Office has received a request from Independent Appraisal Service, Inc., 3407 Delaware Avenue, Kenmore, New York 14217 to be added to the City of Buffalo's list of qualified appraisers. They have forwarded there qualifications and New Your State Certification License Number. I am recommending that the request of Independent Appraisal Service, 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 March 3, 1993, be received and filed; and That the Comptroller be and hereby is authorized to submit to the Appraisal Review Board for consideration the request of Independent Appraisal Service Inc. to be placed on the City of Buffalo's list of qualified appraisers. ADOPTED. No. 31 Renew Lease Agreement Between the City of Buffalo and Greater Emmanuel Temple Church Item No. 160, C.C.P. 9/18/90 Pursuant to Item No. 160, C.C.P. 9/18/90 , Your Honorable Body approved the renewal of the above captioned lease. The present lease expired on June 30, 1991. A recent review of the file indicated that the request was never forwarded to Your Honorable Body for approval. This office has received a request dated December 26, 1992 from Pastor Robert J. Deas of the Greater Emmanuel Temple Church indicating that the Church would like to renew said lease agreement. This renewal should have commenced on July 1, 1991 and expire on June 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 recommends acceptance of this lease. REFERRED TO THE COMMITTEE ON FINANCE. No. 32 Authorize Purchase - Dodge Street for Jefferson/Best Early Childhood Center This Office was contacted by the Board of Education to acquire approximately 1.078 acres of land adjoining the proposed site of the Jefferson/Best Early Childhood Center. The site consists of approximately 47,000 sq. ft. and is part of a parcel owned by God City, owners of the housing development on Best Street. The parcel to be acquired is bounded and described as follows: BEGINNING at the point of intersection of the south line of Dodge Street (60.0 feet wide) with the west line of Pershing Avenue (42.0 feet wide, now abandoned; running thence south along the said west line of Pershing Avenue, a distance of 360.08 feet to a south line of lands conveyed to God City Housing Development Fund Co., Inc., by deed recorded in the Erie County Clerk's Office in liber 9067 of deeds at page 412; running thence west at right angles to the said west line of Pershing Avenue and along the south line of last describe lands, a distance of 131.0 feet by deed, being 130.37 feet measured to a southwest corner thereof; running thence north at right angles to the last describe line along a west line said God's City Housing Fund Co., Inc., lands a distance of 360.27 feet to the said south line of Dodge Street; thence east along the last describe line, a distance of 131.0 feet by deed being 130.67 feet measured to the point or place of beginning; containing 1.078 acres, be the same, more or less. Two independent appraisals of the property were commissioned to estimate the fair market value. Mr. Howard Schultz, 217 Linwood Avenue, Buffalo, New York submitted an appraisal estimating the fair market value to be $28,500. A second appraisal submitted by Mr. Richard Bronstein estimated the fair market value at $41,000. The following is the result of our negotiations with the attorney for God City, Inc., Ms. Terri Zionts, and the Board of Education: 1. The parties have agreed on a purchase price of $36,000 for the property. 2. Survey for the property will be provided and paid for by the Board of Education. 3. Since the property owned by God City is encumbered with a H.U.D. Mortgage, a release of the subject portion will be obtained from H.U.D. by God City, Inc. The agreement reached with H.U.D. and God City will allow God City to transfer the subject property to Mt. Ararat Baptist Church. Mt. Ararat Baptist Church will then deed the property to the City of Buffalo. Funds for the purchase are being transferred from the Board of Education General Fund to Capital Fund Bond Account # 555 in the amount of $36,000. I am recommending that Your Honorable Body authorize this Office to acquire the above property on behalf of the Buffalo Board of Education in accordance with Section 2557 of the New York Education Law and that the Corporation Counsel prepare the necessary documents to acquire the property REFERRED TO THE COMMITTEE ON FINANCE. No. 33 Certificate of Appointment Appointment effective March 1, 1993 in the Department of Audit and Control, Division of Data Processing, Marie-Therese Gallagher 186 Auburn Ave., Buffalo 14213, to the position of Systems Analyst, Provisional, at the Intermediate Starting Salary of $34,704. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL No. 34 Appointment to the Buffalo Preservation Board Because of the resignation of Mr. Mark Draper, from the Buffalo Preservation Board, I am hereby appointing Mrs. Susan A. McCartney, 68 Court Street, P.O. Box 239, Niagara Station, Buffalo, New York 14201-0239, to fill the unexpired term of Mr. Draper, who's term will expire August 31, 1995. Mrs. McCartney and her qualifications to serve, is well known to all of the members of the Council and the Preservation community. I submit that she will be one of the Board's more productive members. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 35 Erie County Takeover Tax Billing Item No. 148, C.C.P. 02-16-93 This report is written to address the proposal of "Erie County Takeover of Tax Billing." This proposed resolution calls for a single tax bill incorporating City and County taxes. The single tax bill would be generated by the County of Erie on behalf of the City of Buffalo. In order to implement such a proposal, consideration must first be given to the City of Buffalo's Charter requirements such as tax status date and tentative assessment roll date, final assessment roll date, tax levy date, final Budget date, tax lien date. The use of a single tax bill would mean that the County and City must levy taxes at the same time on the same assessment roll. This would require a change from the current County practice of levying taxes six months after Buffalo has levied taxes on the same assessment roll. For example, Buffalo's final assessment roll of March 1, 1992 was used to levy Buffalo's July 1, 1992-93 taxes. The County of Erie adopts the same March 1, 1992 Assessment Roll to levy taxes six months later on January 15, 1993. In order to incorporate the County and City tax bill into a single bill with four coupons would require major revisions to either the County's or the City's fiscal year and budget process. Since the County is already in sync with town governments for County and towns taxes issued on January 15th, it would seem that the City would be the logical candidate for changing its fiscal year and budgetary process. However, even if the City changed its entire assessment, tax levy and budgetary process to effectuate a combined single City and County tax bill, other problems can occur. To illustrate one potential problem, I will call Your Honorable Body's attention to the delays in past years that the Common Council had in establishing a tax levy for the City of Buffalo. As a result of these delays, the Department of Assessment and the Division of Data Processing found it necessary to work overtime and weekends in order to produce tax bills for mail delivery on July 1. If there was a single City and County tax bill and should any such delay occur again in establishing a City tax levy, the question arises, "Will the County of Erie be willing to allot overtime pay and change personnel assignments on short notice to accommodate the Common Council?" Frankly, in these difficult financial times, I doubt the County of Erie would be willing to expend the funds necessary to accommodate the Common Council with the same immediacy of response as does the City's Assessment Department and the City's Data Processing Division. To further illustrate this point, let me call attention to a problem that the City's Assessment Department has had for years with the County's Tax Mapping Function. Since the year 1971 the New York State Real Property Tax Law requires that the County of Erie via the Department of Finance provide and maintain up-to-date tax maps for all the assessing jurisdictions in the County of Erie. Prior to the enactment of this law by the State, local assessing jurisdictions were responsible for maintaining and updating their own maps. Since Erie County's Department of Finance has had these mapping responsibilities, Buffalo's Assessment Department, as well as other local assessing jurisdictions, have experienced delays in mapping of up to two years. These mapping backlogs have caused Buffalo and other local assessors many problems in maintaining accurate assessment rolls. When questioned by myself and other local Assessors about the delays in mapping, Erie County's Department of Finance cited "financial hardship" as the reason for not providing up-to-date mapping services. Another illustration of Erie County's "financial hardship" is its recent struggle with the 8% sales tax issue. Would Erie County be willing to take on a new service such as tax billing for the City of Buffalo when layoffs were being considered in numerous County departments because of the 8% sales tax issue? Based upon my illustrations, I doubt that Your Honorable Body would want to place such a sensitive and vital City service as tax billing in the hands of the County of Erie. Finally, I strongly recommend against the City of Buffalo adopting any legislation that would take tax billing out of the hands of the City's Department of Assessment and Data Processing Division and placing it with another entity that cannot guarantee Your Honorable Body a timely response to potential tax levying and tax billing problems. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Senior Citizen Exemptions It has recently come to my attention that the Real Property Tax Law affecting tax exemptions and the maximum income eligibility for elderly property owners, 65 years of age or over, has been increased from $19,800 to $21,299.99. If Your Honorable Body chooses to enact said legislation, which increases the income limits, I recommend that the Common Council direct the Thaw Department to review this recent change to the Real Property Tax Law and prepare the necessary Local Law, ordinance or resolution. If this new legislation is enacted, it would be applicable to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 1993. Therefore, if Your Honorable Body chooses to enact this new legislation, it must be written so that it applies to the tentative assessment roll of December 1, 1993 for the fiscal year of 1994-95. The following is the current Income Schedule for persons 65 years of age or older: Buffalo's Current Income Limit Schedule Income but Less Than Exemption Percentage Up to 15,000 50% 15,000 15,600 45% 15,600 16,200 40% 16,200 16,800 35% 16,800 17,400 30% 17,400 18,000 25% 18,000 18,600 20% 18,600 19,200 15% 19,200 19,800 19% Based upon this department's interpretation of the new legislation, the new Income Limit Schedule for persons 65 years of age or older would be as follows: Income but Less Than Exemption Percentage Up to 16,500 50% 16,500 17,100 45% 17,100 17,700 40% 17,700 18,300 35% 18,300 18,900 30% 18,900 19,500 25% 19,500 20,100 20% 20,100 20,700 15% 20,700 21,300 10% I will be available at your committee meetings in the event Your Honorable Body needs further information concerning this matter. RECEIVED AND FILED. FROM THE COMMISSIONER OF PUBLIC WORKS No. 37 Bond Cancellation 778-780 Genesee Street It is hereby certified that the bond described below be canceled: Principal: Fast Press Printing Surety: United States Fidelity and Guaranty Co. Amount: $5,000.00 Dated: April 11, 1979 Structure: Sidewalk Vault Location: 778-780 Genesee Street This bond is no longer required due to the fact that the encroachment has been removed from city right of way. The above captioned bond should be deemed released and cancel led as to future liability in accordance with the provisions of the City Ordinances. RECEIVED AND FILED. No. 38 Bond Cancellation 1341 Hertel Avenue It is hereby certified that the bond described below be canceled: Principal: Constance Brunn DBA TJ's Steak Hoagy Surety: Western Surety Company Amount: $5,000.00 Dated: March 26, 1991 Structure: Sidewalk Cafe Location: 1341 Hertel Avenue This bond is no longer required due to the fact that the encroachment has been removed from city right of way. The above captioned bond should be deemed released and cancel led as to future liability in accordance with the provision of the City Ordinances. RECEIVED AND FILED. No. 39 Permission to Prepare Plans and Specifications and Advertise for Proposal for the Rehabilitation of Arlington Place I hereby, request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the rehabilitation of Arlington Place. This project will include the replacement of curb on the perimeter of the park, sidewalk replacement in the park and street light replacement. Funds for this project will be available in Capital Projects Account #200-717-022. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 1, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise for sealed proposals for the rehabilitation of Arlington Place, as described in the above communication, with said costs to be charged to Capital Projects Account #200-717-022. ADOPTED. No. 40 Permission to Advertise For Bids For The Following Street Project. Jefferson Avenue Group #341 I hereby request your Honorable Body's authorization to prepare reports, plans and specifications, and to advertise and accept bids for work on the following project. Design, inspection, supervision and construction of such work to be charged as indicated. Jefferson Avenue - Group # 341 Pavement Reconstruction - Broadway to William Street CPF-200-401-021 CPF-200-401-092 CPF-200-401-526 CPF-200-401-001 Mr. Fahey moved: That the communication from the Department of Public Works, dated March 3, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise and advertise for Jefferson Avenue - Group #341 Pavement Reconstruction - Broadway to William Street, as described in the above communication, with said costs to be charged to CPF 200-401-021, CPF 200-041-092, CPF-200-401-526 and CPF 200-041-001. ADOPTED. No. 41 Permission To Prepare Plans And Specifications And Advertise For Proposal For The Removal Of The Existing Vernon Plaza. I hereby, request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the removal of the existing Vernon Plaza. This project will include the redesign and reconstruction of Vernon Plaza; installation of pavement, granite curb, concrete sidewalk and associated items. Funds for this project will be available in Chips Account # 200-401-507 and/or Capital Projects Account #200-401-021. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 9, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise for sealed proposals for the removal of the existing Vernon Plaza, as described in the above communication, with said costs to be charged to Chips Account # 200-401-506 and/or Capital Projects Account # 200-401-021. ADOPTED. No. 42 Permission To Hire Consultant Michigan Avenue Lift Bridge. I hereby request permission from your Honorable Body authorize the Commissioner of Public Works to engage consultant engineer to perform a rehabilitation requirement study and report for the Michigan Avenue lift bridge over the Buffalo River. This report will determine the scope work necessary to rehabilitate the bridge. Emergency pair work was performed on the bridge in the Spring this year and additional work will be necessary. Funds for this study are available in the Division of Engineering Bond Account #200-401-546. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 3, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant engineer to perform a rehabilitation requirement study and report for the Michigan Avenue lift bridge over the Buffalo River, as described in the above communication, with said costs to be charged in the Division of Engineering Bond Account #200-401-546. ADOPTED. No. 43 Emergency Repair Buffalo City Court Water Booster System On July 1 and 2, 1992 the domestic water booster system at Buffalo City Court began operating erratically. This system supplies all domestic water to a heavily used public building. An emergency was declared and Frank Langley Company, the system designer and installer, was called. They recommended M. J. Mechanical Services be used to trouble shoot and repair this system immediately. Initial work was done on July 1 and 2, 1992 and after plumbing was completed the final adjustments were completed on August 28, 1992. The work was done by M. J. Mechanical Services of 2040 Military Road, Tonawanda, New York 14150. Invoice #91856 is for $898.00 and Invoice #104762 is for $324.65. Total cost of repairs was $1,222.65 and funds are available in the Department of Public Works, Division of Buildings. Mr. Fahey moved: That the communication from the Department of Public Works, dated February 26, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to pay M. J. Mechanical Services the amount of $1,222.65 for emergency repair plumbing work for Buffalo City Court from funds available in the accounts of the Department of Public Works, Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 44 Report of Bids Resurfacing of City Pavements- 1993 Item No. 33, C.C.P. 1-19-93 This is to advise your Honorable Body that I have advertised and received bids on Wednesday, March 3, 1993 for Resurfacing of City Pavements - 1993. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Amherst Paving, Inc. $445,090.00 Destro & Brothers Concrete Co., Inc. $446,410.00 Thomann and Loewer Asphalt Paving $456,247.50* Joseph J. Kelly Blacktop, inc. $483,735.00 DiPizio Const. Co., Inc. $523,330.00 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Amherst Paving, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an amount not to exceed $445,090.00, plus approved unit prices not to exceed an additional amount of $44,500.00. The engineer's estimate for this work is $500,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 17, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 10, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Resurfacing of City Pavements- 1993 to Amherst Paving, Inc., the lowest responsible bidder in the amount of $445,090.00, with said cost to be charged against the Capital Projects Fund #200-401-507-00-000. PASSED. AYES- 13 NOES- 0. No. 45 Report of Bids - Repair to City Pavements - 1993 Item No. 33 - C.C.P. 1-19-93 This is to advise your Honorable Body that I have advertised and received bids on Wednesday, February 24, 1993 for Repair to City Pavements - 1993. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Destro & Brothers Concrete Co., Inc. $146,435.00 Collana Brothers Const. Co., Inc. $158,968.00 Amherst Paving, Inc. $161,432.50 Thomann & Loewer Asphalt Paving Co. $163,240.00 Nichter Utility Const., Inc. $207,115.00 M. Passucci, Inc. $280,810.00* *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete, Co. ,Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an amount not to exceed $146,435.00, plus approved unit prices not to exceed an additional amount of $22,000.00. The engineer's estimate for this work is $155,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 10, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 10, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Repair to City Pavements - 1993 to Destro & Brothers Concrete Co. Inc., the lowest responsible bidder in the amount of $146,435.00, with said cost to be charged against the Capital Projects Fund #200-401-507-00-000. PASSED. AYES- 13 NOES- 0. No. 46 Report of Bids - Heater/Scarifying of City Pavements - 1993 Item No. 33 - C.C.P. 1-19-93 This is to advise your Honorable Body that I have advertised and received bids on Wednesday, February 24, 1993 for Heater/Scarifying of City Pavements - 1993. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Highway Rehabilitation $414,027.50 National Asphalt Heat Treating, Inc. $455,637.50 I hereby certify that the lowest responsible bidder for the above project is Highway Rehabilitation . I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an amount not to exceed $414,027.50, plus approved unit prices not to exceed an additional amount of $62,100.00. The engineer's estimate for this work is $400,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 10, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 10, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Heater/Scarifying of City Pavements - 1993 to Highway Rehabilitation, the lowest responsible bidder in the amount of $414,027.50, with said cost to be charged against the Capital Projects Fund #2 00-401-507-00-000. PASSED. AYES- 13 NOES- 0. No. 47 Report of Bids - Repair to City Curbs --- 1993 Item No. 33 C.C.P. 1-19-93 This is to advise your Honorable Body that I have advertised and received bids on Wednesday, March 03, 1993 for Repair to City Curbs - 1993. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Destro & Brothers Concrete Co., Inc. $46,490.00 Tomani's Eastern Const. Co., Inc. $48,028.75 Sunshine Concrete Co., Inc. $48,500.00 Campobello Constr. Co., Inc. $52,737.50 M. Passucci, Inc. $65,512.50* ABP Concrete Const., Inc. $73,875.00 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete, Co., Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects- Fund #200-401-507-00-000 in an amount not to exceed $46,490.00, plus approved unit prices not to exceed an additional amount of $6,975.00. The engineer's estimate for this work is $55,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 17, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 10, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Repair to City Curbs 1993 to Destro & Brothers Concrete Co. Inc., the lowest responsible bidder in the amount of $46,490.00, with said cost to be charged against the Capital Projects Fund #200-401-507-00-000. PASSED. AYES- 13 NOES- 0. No. 48 Report of Bids Test Borings Dudley Branch Library 2010-2016 South Park Avenue I asked for and received the following Informal Proposals for Test Borings for Dudley Branch Library, 2010-2016 South Park Avenue, Buffalo, NY on March 3, 1993. Buffalo Testing Lab $1,960 Professional Service Ind. $4,880 I hereby certify that the foregoing is a true and correct statement of all bids received and that Buffalo Testing Lab in the amount of $1,960 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for thins work are in B/F 200-402-010 - Division Mr. Fahey moved: That the communication from the Department of Public Works, dated March 9, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award work for Test Borings for Dudley Branch Library, to Buffalo Testing Lab, the lowest responsible bidder in the amount of $1,960, with said cost to be charged against the B/F #200-402-010. PASSED. AYES- 13 NOES- 0. No. 49 Change in Contract Fire Department Headquarters Bldg 195 Court Street I herewith submit to Your Honorable Body the following change in contract for the. Electrical Reconstruction of Fire Department Headquarters Building', 195 Court Street Industrial Power & Lighting Corp. C-91650600: 1. Furnish and install seven 50 amp, wire receptacles, cord and cap for welder. Check all 3 phase receptacles. Connect-ground wires. Add $1,100 While working the project it was found that there were no mechanical grounds connected to receptacles as required by the City electrical codes. The foregoing change results in a net increase in the contract of One Thousand One Hundred and 00/100 Dollars ($1,100.00) Summary Original Amount of Contract $126,395 Change Order No. 1 CCP 27 11-10-92 Add 1,250 Change Order No. 2 CCP 31 2-16-93 Add 1,460 Amount of this change (No. 3) Add 1,100 Revised Amount of Contract $130,205 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-065 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated March 9, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 3 to Industrial Power and Lighting Corp., a net increase in the amount of $1,100, as more fully described in the above communication, for additional work relating to the electrical reconstruction of Fire Department Headquarters Building C-91650600. Funds for this contract are available in B/F 200-402-065 - Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 50 Change in Contract - Change Order #3 Jefferson Avenue- Phase Il-Group #324 Contract #91636100 Destro & Brothers Concrete Company Inc. Item No. 42, C.C.P. 5/28/91 I hereby submit to your Honorable Body the following "no cost" negotiated unit price additions to the contract. 1. Prior to the Jefferson Avenue Roadway reconstruction the Division of Water completed a waterline replacement/waterline cleaning and cement lining project. New waterlines were installed in Jefferson Avenue from High Street to William Street. The waterlines in Jefferson Avenue from Best Street to High Street and in Best Street from Grape Street to Earl Place were cleaned and cement lined. The nature of a cement lining project limits the replacement work on the water services to save initial cost. Consequently as roadway construction progressed, numerous water service boxes, were found to require replacement. Similarly, several water services were leaking and in need of repair/replacement following roadway excavation. ITEM NO. DESCRIPTION NEGOTIATED ACTUAL COST UNIT PRICE QUANTITY 09.814 water service $175.00 23 each $4025.00 box- complete install/replace 09.780 various water $7,500.00 Lump Sum $7500.00 service repairs 2. New granite curb was installed along the entire project length of Jefferson Avenue. However, it became necessary to reset 100 linear feet of this curb for various reasons including the accommodation' of revised driveway cuts as requested by Community Development at War Memorial Stadium. Other changes involved the addition of curb cuts at a local industry in order to facilitate their future expansion. ITEM NO. DESCRIPTION NEGOTIATED ACTUAL COST UNIT PRICE QUANTITY 07.150 Reset Curb $65.00 100 Lin. Ft $6500.00 3. The areas behind the sidewalk and at the Right-of-Way line along Jefferson Avenue were filled with hand laid asphalt in many locations. This became necessary in several circumstances to accommodate changes in the design grades as well as to provide additional safe and level areas for pedestrians. ITEM NO. DESCRIPTION NEGOTIATED ACTUAL COST UNIT PRICE QUANTITY 04.290 Asphalt $60.00 282.43 Ton $16,945.80 Concrete Slab Total Additions $34,970.80 I hereby submit to Your Honorable Body the following unit price deductions from the contract. 1. Minimal sidewalk vault work had to be performed. ITEM NO. DESCRIPTION UNIT PRICE QUANTITY COST 06.120 Sidewalk $9,220.00 Lump Sum $9062.76 Vaults 2. Test borings showed subsurface water problems on Jefferson between Dodge and Best. However, when the drain tile was installed it alleviated this problem and the filter fabric was eliminated. ITEM NO. DESCRIPTION UNIT PRICE QUANTITY COST 08.410 Filter Fabric $0.70 21268.63 $14,888.04 SQ. FT. 3. The project limits on some of the side streets were shortened during construction. ITEM NO. DESCRIPTION UNIT PRICE QUANTITY COST 403.11 Asphalt $29.00 380 Ton $11,020.00 Concrete- Type I Base AC 10/15 Total Deductions $34,970.80 CONTRACT SUMMARY Original Contract Amount $1,155,344.00 Change Order #1 54,497.00 Change Order #2 24,177.70 Change order #3 (This Change Order) 0.00 Total $1,234,018.70 This work will require no extension of time. The second low bidder for this contract was DiPizio Construction Company, Inc., in the base bid amount of $1,175,868.80. I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Destro & Brothers Company, Inc. Mr. Fahey moved: That the communication from the Department of Public Works dated March 10, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a "no cost" change order No. 3 to Destro & Brothers Company, Inc., a net decrease resulting in a "no cost" change, as more fully described in the above communication, for work relating to Jefferson Avenue - Phase II - Group #324, Contract 91636100. PASSED. AYES- 13 NOES- 0. No. 51 Payment for Stored Material New Roof - Massachusetts Center Weaver Metal & Roofing. Inc. The contractor, Weaver Metal & Roofing, Inc. - C-91690600, for the new roof at the Massachusetts Recreation Center has requested prepayment for stored materials incorporated into the project. The value of these materials are: Tremco Roofing Materials $9,775.75 I recommend that Your Honorable Body authorize the payment of 80% of their invoiced cost for these materials, but not to exceed $7,820.60. Copies of invoices, proof of possession and an insurance policy protecting the City of Buffalo against loss, damage or deterioration in the full amount of their invoice have been provided. The contract (#91690600) is currently encumbered against B/F 200-402-033 Division of Buildings. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 10, 1993, be received and filed; and That the Commissioner of Public Works, be and hereby is authorized to pay 80% of the invoiced cost of stored material, not to exceed $7,820.60, to Weaver Metal & Roofing, Inc., contractor for the new roof at the Massachusetts Recreation Center, C-91690600. Funds for this project are available in B/F 200-402-033 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 52 Renewal of Contracts Solid Waste Disposal The current waste disposal contracts with Occidental Chemical Corporation and Integrated Waste Systems, Inc. expire on June 30, 1993. Both of these contracts contain a five (5) year renewal option. These companies have expressed their desires to renew these contracts. Please be advised that this department has contacted all of the major waste haulers and landfill operators that are capable of handling our annual volume of garbage and trash and requested informal quotations in order to compare costs. The renewal offers from Occidental Chemical Corporation and Integrated Waste Systems, Inc. are substantially lower than most of the responding competitors and comparable to the price quoted by the lowest' competing firm. If you deem it appropriate, I herewith request authorization from Your Honorable Body to renew these two (2) waste disposal contracts for an additional five (5) year term. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 53 Juneteenth Festival Please be advised that the only condition we have pertaining to the 1993 Juneteenth Festival is that no licenses and permits will be issued for the 1993 Juneteenth Festival until the City of Buffalo is reimbursed in full for the barricades that were in their possession at the 1992 Juneteenth Festival in the amount of $600.00. These barricades were not returned to the City of Buffalo. Per your request I have attached the March 9, 1993 letter that my License Director, Mike Mulderig, sent to Mr. Luther Burnette. As of this date, we have not heard from him. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Restaurant/Dancing Class IV 274 Delaware Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class IV located 274 Delaware and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class IV License is being sought and according to the attached reports from the Fire Department, Zoning Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Dennis P. Long. The report from the Police Department recommending approval is attached hereto. In consideration of the application of: Dennis P. Long, D/B/A Buffalo Underground, Inc. 274 Delaware This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 55 455 Ellicott Street Requests Permission To Install Awning Within Right of Way Mrs. Kendall Bruzgul, owner of McClellands Small Animal Hospital, located at 455 Ellicott Street, has requested permission to install an awning which would encroach city right of way at said address. The proposed awning would measure twenty-nine feet in length, four feet in height and project three feet six inches from the building face into city right of way. The Department of Public Works has reviewed Mrs. Bruzgul'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. No. 56 1330 Niagara Street Requests Permission To Install Sidewalk Cafe Mr. Frank Militello, owner of Frank and Marias Rest., located at 1330 Niagara St., has requested permission to install a sidewalk cafe which would encroach city right of way at said address. The proposed cafe would measure IS feet in length and project 7 feet from the building face into city right of way. The Department of Public Works has reviewed Mr. Militello's application pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe 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 sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed 15 feet in length or extend more than 7 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from city right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.05 per square foot of city right of way occupied by said sidewalk cafe as described in Chapter 413 Article IX Section 59 (sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) 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 sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 57 Certificate of Appointment Appointment effective March 8, 1993 in the Department of Public Works, Division of Buildings, Patricia A. Lawler, 12 Hertel Avenue, Apt 401 Buffalo 14207, to the position of Laborer I, Permanent, at the intermediate starting salary of $ 8.53 hour. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 58 Certificate of Appointment Appointment Effective 3/1/93 in the Department of Public Works, Division of Engineering, William Finnegan, 21 Columbus Avenue Buffalo, N.Y. 14220, to the position of Laborer I, Permanent at the maximum starting salary of $ 9.38 hour. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 59 Certificate of Appointment Appointment effective 3/1/93 in the Department of Public Works, Division of Engineering, Michael Willard, 49 Culver, Buffalo 14226, to the position of Laborer II, Permanent, at the maximum starting salary of $10.26/hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 60 Certificate of Appointment Appointment effective March 8, 1993 in the Department of Public Works, Division of Buildings, Thomas V. Ellis, 147 Ramona Avenue, Buffalo 14220, to the position of Laborer II, Permanent, at the maximum starting salary of $ 10.26/hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 61 Certificate of Appointment Appointment effective March 8, 1993 in the Department of Public Works, Division of Engineering, Thomas LoTempio, 219 Pennsylvania, Buffalo, NY 14201, to the position of Engineering Aide, Provisional, at the maximum starting salary of $ 23,017. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 62 Certificate of Appointment Appointment effective 3/9/93 in the Department of Public Works, Division of Engineering, Charles A. Masi, 30 Larchmont, Buffalo, NY 14214, to the position of Assistant Administrator, Provisional, at the maximum starting salary of $38,089. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 63 Renovations to River Rock Diamonds Because of the nature of this project, which will involve the use of existing City sewer lines, I have been advised by the Law Department to submit this proposal to Your Honorable Body for your information and approval. It is to be noted that all costs for labor, materials and permits will be at the exclusive expense of the River Rock Baseball Organization. Mr. Fahey moved: That the communication from the Department of Parks, dated March 10, 1993, be received and filed; and That the proposal of River Rock Baseball for repairs to Military Road diamonds, be and hereby is approved on the conditions that all necessary permits be obtained, that proof of insurance in form and amount satisfactory to the Commissioner of Parks and the Law Department be submitted, and that all work be approved by the Parks Commissioner. PASSED. AYES- 13 NOES- 0. No. 64 Report of Bids - Ontario Street Concession Item # 119, C.C.P. 2/16/93 As authorized by Your Honorable Body, this department prepared plans and specification for the Ontario Street concession. Advertisement for proposal was handled by the Division of Purchase The March 11, 1993 bids are as follows: NAME OF BIDDER AMOUNT OF BID Charles J. Ciovino $6,124.00 2051 Niagara Street Buffalo, NY 14207 Brenda P. Kij $5,600.00 4597 Wilson Drive Hamburg, NY 14075 William Shylo $4,750.00 132 Chadduck Avenue Buffalo, NY 14207 Daniel A. Zielinski $4,252.00 934 Orchard Park West Seneca, NY 14224 The Juicery, Inc. $3,025.00 3131 Sheridan Drive Amherst, NY 14226 John Petersen $2,750.00 333 W. Delavan Avenue Buffalo, NY 14213 Vincenzina Bass $1,800.00 201 Royal Avenue Buffalo, NY 14207 I hereby certify that Charles J. Giovino was the high bidder for the Ontario Street concession in the amount of $6,124.00. Attached are copies of the tabulations and bid proposals. We are requesting the Law Department to proceed with drawing up of a contract. I respectfully request Your Honorable Body approve the awarding of this concession to the highest responsible bidder. REFERRED TO THE COMMITTEE ON FINANCE. No. 65 Report of Bids - South Park Golf Course Concession Item # 119, C.C.P. 2/16/93 As authorized by Your Honorable Body, this department prepared plans and specification for the South Park Golf Course concession. Advertisement for proposal was handled by the Division of Purchase. The March 11, 1993 bids are as follows: NAME OF BIDDER AMOUNT OF BID Maritza & Lucian J. Miller $3,044.00 2568 Rte. 39 Collins, NY 14034 David Oake $2,625.00 1626 S. Park Ave. Buffalo, NY 14220 Grandpa's Place $2,250.00 41 S. Whispering Lane Hamburg, NY 14075 I hereby certify that Maritza & Lucian J. Miller was the high bidder for the South Park Golf Course concession in the amount of $3,044.00. Attached are copies of the tabulations and bid proposals. We are requesting the Law Department to proceed with drawing up of a contract. I respectfully request Your Honorable Body approve the awarding of this concession to the highest responsible bidder. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF POLICE No. 66 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, attached hereto, please find copies of the following checks: 8155-00092962 $11,253.51 8155-00092943 1,425.00 8155-00093075 2,210.00 8155-00093076 682.55 8155-00093073 1,524.05 8155-00093083 738.65 8155-00093093 1,892.10 8155-00093092 963.05 8155-00093104 1,080.35 8155-00093079 1,079.50 8155-00093068 1,873.83 8155-00093067 2,171.75 8155-00093066 1,161.10 8155-00093081 11,747.00 8155-00093061 1,000.45 8155-00093053 838.95 8155-00093056 3,230.00 8155-00093109 2,100.00 8155-00093147 8,432.54 8155-00093148 1,041.92 8155-00093156 1,173.00 8155-00093157 983.88 8155-00093160 1,100.75 8155-00093172 1,320.90 8155-00093173 1,220.60 8155-00093107 1,691.50 8155-00093189 2,365.98 8155-00093185 873.80 8155-00093183 2,975.00 8155-00093133 11,681.24 8155-00093127 1,414.22 8155-00093123 2,720.85 8155-00093121 1,141.55 8155-00093122 893.35 8155-00093166 35,345.55 8155-00093230 2,263.55 8155-00093227 951.15 8155-00093253 1,535.85 8155-00093242 969.00 8155-00093241 3,451.85 8155-00093231 939.25 8155-00093357 709.75 8155-00093358 879.75 8155-00093359 1,906.55 8155-00093360 1,392.30 8155-00093361 2,629.05 8155-00093362 4,933.80 8155-00093368 15,012.50 Total $160,922.82 RECEIVED AND FILED. No. 67 Firearm Amnesty Program In response to the February 18, 1993 Common Council Staff letter regarding questions raised by Councilmembers relating to the Firearm Amnesty Program the following answers are provided: 1. Regarding ballistic tests being conducted on any purchased guns, with the exception of weapons determined to be stolen and now recovered and select weapons that have unusual characteristics, the answer is no. All other weapons will not be tested. 2. Regarding residency status of people selling guns, there is no residency check. This type action would not provide the anonymity guaranteed by the Program. 3. Regarding type of weapons bought, they include semi-automatic and regular hand guns, various type and caliber pistols, rifles and shotguns. RECEIVED AND FILED. No. 68 Acceptance of Donated Vehicles We respectfully request permission to accept 3 vehicles and 1 boat and trailer (see attached), donated by the United States Government, Coast Guard Unit. At no cost to the city, these items would make the city more efficient in accomplishing its desired task in fighting crime. The boat and trailer would also make the Underwater Recovery Team more efficient. Mr. Fahey moved: That the communication from the Department of Police, dated March 2, 1993, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept three vehicles and one boat and trailer, donated by the United States Government, Coast Guard Unit, at no cost to the city; and as more fully described in the above communication. PASSED. AYES- 13 NOES- 0. No. 69 Certificate Of Appointment Appointment effective February 25, 1993 in the Department of Police, Leonard R. Valvo, 459 Niagara Street, Buffalo 14201, to the position of Laborer I, Temporary, at the maximum starting salary of $9.38 hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 70 Settlement of Property Damage Collection Matter City v. Katherine Law and Douglas E. Reese The above-entitled matter represents an action by the City of Buffalo to recover damages for loss of Buffalo Fire Department vehicular and City fixed property. In this instance, the automobile insurance coverage of the defendants for property damage was insufficient to cover damages claims emanating from this accident. It is based upon this fact that the following request for authorization to settle this matter is made. On July 25, 1992, at approximately 12:55 A.M. a 1988 Cadillac operated by Douglas E. Reese and owned by Katherine Law collided with Buffalo Fire Department Engine #13 at the intersection of South Elmwood and Huron Street. The crew manning the fire vehicle was responding to an alarm and, according to our investigation, with all the fire engine's emergency warning devices in operation. After the initial collision, the fire engine then hit a light standard. Estimated damage to the fire engine was $56,103.69 and the cost of repairing the light standard was $1,352.54. On November 20, 1992, the City of Buffalo initiated collection activity against Katherine Law and Douglas E. Reese for $58,515.15. Allstate Insurance Company, Ms. Law's carrier, has informed this office that the property damage limit of her policy is $25,000.00. The City has previously received full payment of its wages pursuant to General Municipal Law Section 207A in the amount of $1,058.92 paid by Allstate insurance Company. Allstate, recognizing that the facts relative to this event clearly indicated negligence on the part of their insured, have offered the property damage limit of $25,000.00 to the City of Buffalo in full satisfaction of our action. Investigation suggests that recovery above this amount personally against Ms. Law and Mr. Reese would be difficult to obtain. In view of the foregoing, we respectfully request that your Honorable Body authorize this office to accept $25,000.00 from Allstate to settle in full the City's action against Katherine Law and Douglas E. Reese. Mr. Fahey moved: That the communication from the Corporation Counsel, dated March 9, 1993, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to accept $25,000.00 from Allstate insurance Company to settle in full the City's action against Katherine Law and Douglas E. Reese. PASSED. AYES- 13 NOES- 0. No. 71 Maryner Towers - Request for Refund of Excess Taxes On September 23, 1970, a contract was executed by the City of Buffalo and Maryner Development Company, inc., limiting its real property tax liability as to 186 Efner, known as Maryner Towers Apartments, pursuant to the authority of and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Finance Housing Law. This contract limits real property taxes to a maximum of $74,000 per year (City and County combined) and exempts the property from additional taxes for a period of forty years, beginning on the date on which the benefit of this exemption first became available and effective. Amounts paid in excess of the $74,000 ceiling must be refunded. The refund must be apportioned between the City and the County, in accordance with the tax rates prevailing at the time: 1992-1993 City tax paid $108,919.20 1993 County tax paid + 28,873.92 Total tax paid $137,793.12 Less combined ceiling - 74,000.00 Overpayment 63,793.12 City's share (.79x63,793.12) $ 50,396.56 We respectfully request that you authorize payment of this refund in the amount of $50,396.56. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 72 Assign UCP Grant to Buffalo Place Inc. On October 16, 1990, your Honorable Body accepted a $1,750 grant from the New York State Office of Parks, Recreation and Historic Preservation Urban Cultural Parks (UCP) Program for the purpose of undertaking the 1989 Lunchertainment at Theatre Square program (Item No. 197, C.C.P., October 16, 1990). Lunchertainment was an outdoor performing arts series designed to attract additional pedestrian activity to the Theatre District during lunch hour in summer months. Matching funds were provided through cash and in-kind services from several private sector businesses. Buffalo Place Inc. was responsible for managing and implementing the 1989 Lunchertainment at Theatre Square Program. They also front-ended the cost of the project since the grant funds were available on a reimbursement basis. We request the Common Council authorize the City to assign the Grant Agreement between State and City to Buffalo Place Inc., and transfer grant proceeds to Buffalo Place Inc. to pay expenses incurred during the project. RECEIVED AND FILED. No. 73 Change Order #4 - General Construction War Memorial Stadium Site Redevelopment I herewith submit to Your Honorable Body the following change in contract for general construction associated with the site redevelopment of War Memorial Stadium, contract 91633500 with Nichter Utility Construction Company, Inc.: 1) Excavation and removal of steel H beam pilings at Dodge Street parking lot. ADD $ 3,514.49 2) Removal of deteriorated roofing and installation of insulation, roofing, flashing and caulking at restored entrance gates. ADD $ 8,169.30 3) Modification to goal post foundations ADD $350.00 4) Construction of masonry press box complete with foundation, roofing, shutter, man door and interior finishes. ADD $18,051.75 5) Additional concrete and shotcrete-gunite for restoration at entrance gates, 153 cubic feet at a unit bid price of $90.00 per cubic feet. ADD $13,770.00 6) Supply and install vandal proof door bars at service building. ADD $690.00 7) Supply and install handicapped accessible mirrors at service building. ADD $207.00 8) Additional work necessary to under cut and remove stone retaining wall along Jefferson Avenue, unit bid prices. ADD $16,454.50 9) Additional excavation, foundation removal, soil stabilization fabric and select compacted fill due to wet-unstable soil conditions, unit bid prices. ADD $44,292.17 10) Miscellaneous revisions to service building, ticket booths and security gates. ADD $ 5,034.00 11) Complete reconstruction of parking lot - sidewalk areas at Jefferson/Dodge and Jefferson/Best due to grade changes associated with reconstruction of Jefferson Avenue in these areas. ADD $74,966.00 12) Credit for site work deleted from original contract, various landscaping and baseball field amenities. DEDUCT $23,000.00 13) Credit for deletion of weep holes not required at Best Street retaining wall. DEDUCT $465.50 TOTAL ADD $160,033.71 All of the preceding items whether deducts or adds were deemed necessary to properly complete general construction work in conjunction with the site redevelopment of War Memorial Stadium. Associated costs of all items listed were either contract unit bid prices, negotiated lump sums or time-material rates approved by Community Development engineering staff and the project architect, Robert Traynham Coles, Architect, P.C. Funds for this work are available in Bond Fund #200-717-094. A contract summary is as follows: Original Contract Amount $4,992,000.00 C.O.#1 Deduct 221,000.00 C.O.#2 Add 134,928.00 C.O.#3 Add 46,271.34 Amount of this Change # 4 160,033.71 Revised Contract Amount $5,112,233.05 I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Nichter Utility Construction Company, Inc. a as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 74 Reduction in Retention General Construction, Site Redevelopment of War Memorial Stadium Permission is requested from Your Honorable Body for a reduction in retention from 10% to 1% for Nichter Utility Construction Corporation, Inc., General construction Contract #91633500; Site Redevelopment of War Memorial Stadium. As of this date the amount of retention being held by the City is 10% or $495,219.93 and a reduction is requested to 1% or $49,522.00. The project was declared substantially complete by the Project Architect, Robert Traynham Coles, Architect, P.C., on January 9, 1993. Only punch list items remain which will be completed this Spring. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF STREETS No. 75 Certificate of Appointment Appointment effective February 23, 1993 in the Department of Street Sanitation, Steven R. Iraci, 32 Shoreham Blvd., Buffalo, New York 14216, the position of Truckdriver, Permanent, at the Maximum starting salary of $ 22,815. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 76 Engine 16 Redevelopment Project Approval of Land Disposition Agreement WNY Veterans Housing Coalition, Inc. The City of Buffalo Urban Renewal Agency duly designated WNY Veterans Housing Coalition, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, 1 have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 77 Lovejoy-Fillmore-South New Housing Project Amend Land Disposition Agreement Apex Development & Construction Co. The City of Buffalo Urban Renewal Agency duly designated Apex Development & Construction Co. and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed amendment to Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 78 Emslie NDP Housing Project Phase II Approval of Land Disposition Agreement Gal/Van Developers, Inc. The City of Buffalo Urban Renewal Agency duly designated Gal/Van Inc., and/or a joint venture, partnership, corporation or other entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 79 Filing of Emergency Demolition Bids Item No. 166, C.C.P. 2/2/93 With regard to the above subject please by advised we have begun to list all contractors bids for emergency demolitions, and will continue to do so. If you have any further questions regarding this matter please contact my office. RECEIVED AND FILED. No. 80 Info Emergency Demo 817 Perry Item No. 51 C.C.P. 2/2/93 With regard to the above subject and your request for a copy of our policy on emergency demolition, please be advised we follow Chapter 113 of the City Charter with regard to demolition. We trust this will satisfy your inquiry. RECEIVED AND FILED. No. 81 Report of Emergency Bids for Various City-owned Properties within the City of Buffalo Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on March 2, 1993 and that the contracts will be awarded to the lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 224 Box Integrated Waste Special Services City of Buffalo $7,415.00 272 Dodge Great Lakes Dismantling Co. City of Buffalo $5,462.00 175 Masten Lebis Contracting City of Buffalo $9,885.00 172 Northampton Great Lakes Dismantling Co. City of Buffalo $5,829.00 380 Johnson Delmonte Demolition City of Buffalo $6,500.00 506 East Ferry Integrated Waste Special Services City of Buffalo $5,000.00 1293 Fillmore Lebis Contracting City of Buffalo $4,610.00 268 Hickory and garage Great Lakes Dismantling Co. City of Buffalo $6,267.00 1328 Jefferson Lebis Contracting City of Buffalo $4,500.00 385 Monroe Delmonte Demolition City of Buffalo $4,050.00 921 Northampton/Garage Integrated Waste Special Services City of Buffalo $4,400.00 130 Peabody and Garage Integrated Waste Special Services City of Buffalo $4,100.00 37 Sherman and Garage Integrated Waste Special Services City of Buffalo $4,100.00 83 Sherman Integrated Waste Special Services City of Buffalo $5,200.00 102 Shumway Lebis Contracting City of Buffalo $3,100.00 987 Smith and Garage Great Lakes Dismantling Co. City of Buffalo $4,487.00 1064 Smith and Garage Great Lakes Dismantling Co. City of Buffalo $4,400.00 11 Southampton Great Lakes Dismantling Co. City of Buffalo $5,200.00 414 Sycamore Great Lakes Dismantling Co. City of Buffalo $4,630.00 Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully report to your Honorable body that the cost of the projects is to be charged to the pending bond fund. Attached is a list of address, contractors and bid amounts and the lowest bidders for the buildings that are listed on this communication. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 82 Certificate of Appointment Appointment effective 3/8/93 in the Department of Inspections & Community Revitalization, Division of Housing & Property Inspections, Matthew J. Baudo, 477 Colvin, Buffalo, New York 14216, to the Position of Chief Building Inspector, Provisional, at the intermediate starting salary of $ 33,351. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 83 Standardizing The In-Lieu Payment for Retirees for Waiving Health Coverage C.C.P. 133 11/15/83 Permission is requested from your Honorable Body to standardize the in-lieu payment to retirees for waiving their health insurance coverage at $60 per month or $720 per year for family coverage, and $30 per month or $360 per year for single coverage, and to permit waiver by any retiree who has alternative coverage from any source whatsoever. The current City policy, last approved by your Honorable Body at 133 C.C.P. November 15, 1983, is that retirees can only waive their health insurance coverage if their spouse has alternative coverage, and the in-lieu payment that the employee receives is the same as that contained in the Collective Bargaining Agreement of the union from which he or she retired. Therefore, some of our retirees receive $60 per month for waiving family coverage, and some receive $40 per month. Some of our retirees do take advantage of the health insurance waiver now. However, no systematic effort has ever been made to inform all retirees of the program. A large amount of money could potentially be saved by informing employees of the waiver program, since family coverage in most instances costs us in excess of $4,000 per year. We intend to send a letter to all retirees informing them of the waiver program, but first, in our judgment, we should standardize the waiver payment for all retirees at $60 per month for family coverage and $30 per month for single coverage. The retiree would be paid this amount for each month that the waiver is in effect. If, at any time, the retiree loses his or her alternative coverage, they can rescind the waiver and resume receiving paid coverage through the City of Buffalo. Your approval of the above revision to the waiver policy for retirees is hereby requested. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 84 Terminate Robert Makowski Item No. 155, C.C.P., 3/2/93 By resolution # 155, C.C.P. March 2,1993, you directed that the Division of Labor Relations inform our Honorable Body by March 11, 1993, what steps it had taken to discipline Robert Makowski in connection with his guilty plea in County Court to falsifying business records and petty larceny. Please be advised that Labor Relations prepared formal disciplinary charges against Mr. Makowski on February 17,1 993, two weeks before your resolution was passed. Under Sec. 75 of the Civil Service Law and his union contract, Mr. Makowski is entitled to both an informal hearing, and, should he desire, a formal hearing. An informal hearing has been scheduled and a formal will follow in due course. No final action involving his employment can be taken until the due process required by Sec. 75 if the Civil Service Law has been completed. You should also be aware that, as a matter of law, a conviction does not yet exist. A conviction is not official until the date sentence is pronounced, which will not be for another six weeks. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 85 Unspent Lighted Schoolhouse Funds Item No. 181, C.C.P. 2/2/93 A review of existing Trust and Agency accounts shows that past Lighted Schoolhouse programs have not been closed out. These accounts will be closed-out within the next month as the Division for Youth of the Dept. of Human Resources prepares Department Orders transferring unspent funds to Financial Control of Agencies. The report, as compiled by the Division for Youth, shows the unspent programmatic funds according to program year and council district. Each Councilmember will have the opportunity to re-program these funds into appropriate lines once the original Trust and Agency accounts have been closed out. These funds may not be transferred into Human (Public) Service lines due to the 15 percent funding cap imposed by H.U.D. regulations, but may be transferred to fund other eligible activities in the respective districts. LIGHTED SCHOOLHOUSE UNSPENT FUNDS District Yr .14 Yr. 15 Yr. 16 Yr. 17 TOTAL Niagara 5,537 6,132 3,878 3,561 19,108 South 1,826 1,339 162 712 4,039 Delaware 391 1,583 678 4,776 7,428 North 2,440 3,030 1,141 1,759 8,370 Ellicott 3,305 3,515 3,352 4,256 14,428 University 4,167 2,052 400 1,205 7,824 Masten 3,822 3,349 5,287 6,519 18,977 Fillmore 4,161 5,955 10,379 5,655 26,150 Lovejoy- 0- -0- 50 -0- 50 Total 25,649 26,955 25,327 28,443 106,374 REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 86 Certificate of Appointment Appointment effective March 4, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Joseph M. Mazza 238 Albany Street, Buffalo 14213, to the Position of Deputy Director, Provisional, at the intermediate starting salary of $37,143. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 87 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 Department of Assessment Department of Human resources - PAL RECEIVED AND FILED. No. 88 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 1487 Hertel Ave. John W. Gardon RECEIVED AND FILED. No. 89 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 - Herbert Bogner, Patrick Sole, Jr. Richard Armmerman, Nicholas Macri Alfredo Ortiz, Jr., Robert Ulrich Corporation Counsel- Colleen Strachan Street Sanitation- Paul A. Kelleher, Eugene LoTempio Inspections and Community Revitalization- Matthew J. Baudo Administration and Finance- Margaret Peirakos RECEIVED AND FILED. No. 90 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 Ethics City Planning Board Municipal Housing Authority RECEIVED AND FILED. No. 91 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective March 2,1993 in the Department of City Clerk, Theresa A. Fiorella, 74 Lafayette, Buffalo, 14213 to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 hour. No. 92 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 MAYOR - EXECUTIVE Appointment effective March 11, 1993 in the Department of Executive, Division of Mayor's Office for Senior Citizens, Frances T. Pelonero 754 Elmwood Ave., Apt. 2, Buffalo, 14222, to the position of Senior Citizen Aide, Seasonal, at the flat starting salary of $5.00 per hr. FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM Appointment effective March 6, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Joseph Fern. 47 Marine Dr., Buffalo 14202 to the position of Laborer I, Seasonal at the flat starting salary of $5.98/hr. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective March 8, 1993 in the Department of Public Works, Division of Water, Heather Mills, 120 North Ogden Ave. Buffalo, 14206, to the position of Account Clerk-Typist, Temporary at the minimum starting salary of $19,346. Appointment effective March 8, 1993 in the Department of Public Works, Division of Engineering, Steven Stepniak, 316 Longnecker Buffalo, NY 14206, to the position of Engineering Aide, Provisional, at the minimum starting salary of $20,382. Appointment effective March 8, 1993 in the Department of Public Works, Division of Engineering, Steven Stepniak, 316 Longnecker Buffalo, NY 14206, to the position of Engineering Aide, Permanent at the minimum starting salary of $20,382. Appointment effective March 8, 1993 in the Department of Public Works, Division of Water, James A. Berebko, 54 S. Crossman Buffalo, 14211, to the position of Chief Water Service Inspector Temporary, at the minimum starting salary of $25,425. FROM THE DEPARTMENT OF PARKS Appointment effective March 4, 1993 in the Department of Parks, Division of Parks, Thomas A. Chwalinski, 102 Krakow Street, Buffalo 14206, to the position of Park Utility Worker, Permanent, at the minimum starting salary of $20,912. FROM THE DEPARTMENT OF POLICE Appointment effective March 10, 1993 in the Department of Police to the position of Civilian School Crossing Guard TSAR, Seasonal, at the minimum starting salary of $5.49 hr. Cynthia Bogar, 17 Hunt Avenue, Buffalo 14207 Sharon Zgoda, 117 Eden Street, Buffalo 14220 Karen Danner, 134 Wellington Road, Buffalo 14216 Ivette Padin, 250 Breckenridge, Buffalo 14213 Catherine Beutler, 90 Kingston Pl., Buffalo 14210 FROM THE DEPARTMENT OF FIRE Appointment effective March 15,1993 in the Department of Fire, to the position of Fire Lieutenant, Permanent, at the maximum starting salary of $39,228. Thomas M. Rooney, 2952 South Park Ave., Lackawanna, 14218 Eugene Budziszewski, 9980 Harper Rd., Corfu, N.Y. 14036 John Lydon, 58 Chatham Avenue, Buffalo, N.Y. 14216 William T. Schultz. 34 Woodrow Pl., Cheektowaga, N.Y. 14225 Appointment effective 3-15-93 in the Department of Fire, to the position of Fire Lieutenant, Permanent Contingent, at the maximum starting salary of $ 39,228. John F. Leising, 138 Depew Ave., Buffalo, N.Y. 14214 Ross J. Wickenhiser, 128 No. Autumn, Williamsville, N.Y. 14221 Thomas F. Hoffstetter, 233 Hamilton Court, Kenmore, 14217 Appointment effective 3/15/93 in the Department of Fire, to the position of Fire Captain, Permanent Contingent, at the maximum starting salary of $41,141. James C. Ronan, 53 Groveland, Buffalo, N.Y. 14214 Anthony D. Page Jr., 813 Amherst, Buffalo, N.Y. 14216 Appointment effective 3/15/93 in the Department of Fire, to the position of Fire Captain, Permanent, at the maximum starting salary of $41,141. Albert Webber, 187 Buffum, Buffalo, N.Y. 14210 Joseph Mehltretter, 34 Old Farm Road, Orchard Park, 14127 Robert Stasio, 6919 Chestnut Ridge Rd., Orchard Park, 14127 Appointment effective 3/15/93 in the Department of Fire, Thomas Ashe, S-4449 Parker Rd., Hamburg, N.Y. 14075 to the position of Battalion Chief, permanent, at the maximum starting salary of $ 44,942. Appointment effective 3/15/93 in the Department of Fire Charles A. Pitz, 40 Sawmill Court, Elma, N.Y. 14059, to the Position of Battalion Chief, Permanent Contingent, at the maximum starting salary of $ 44,942. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective February 26, 1993 in the Department of Street Sanitation, Donald W. Colpoys, 778 McKinley Parkway, Buffalo, NY 14220, to the position of Laborer II, Seasonal, at the flat starting salary of $ 6.65 per hour. Appointment effective March 9, 1993 in the Department of Street Sanitation, Marc Tuzzalo, 29 Mariemont Avenue, Buffalo, New York 14220, to the position of Laborer II, Seasonal, at the flat starting salary of $6.65 per hour. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective March 1, 1993 in the Department of Human Resources, Division of Youth, to the position of Attendant, Temporary, at the flat starting salary of $ 4.25/hr. Matthew A. Alston, 127 Highgate, Buffalo 14214 Larry Livingston, 71 E Morris, Buffalo 14214 Vanessa Harris, 56 Schauf, Buffalo 14211 Dorothy A. Miller, 107 Ashland, Buffalo 14222 Michael E. Stanford, 348 Northumberland, Buffalo 14215 Adelaide Witherspoon, 36 Wende, Buffalo 14211 Paulette L. Witherspoon, 61 Wilkes, Buffalo 14215 Christina M. Reid, 478 Colvin, Buffalo 14216 Appointment effective March 1, 1993 in the Department of Human Resources, Division of Youth Linda Tyo, 346 Grant, Buffalo 14213 to the position of Lifeguard, Temporary, at the flat starting salary of $ 5.00/hr Appointment effective March 1, 1993 in the Department of Human Resources, Division of Substance Abuse Services, JoAnne M. Cary 125 Sunset, Buffalo 14207, to the position of Case Manager, Temporary, at the minimum starting salary of $ 20,745. Appointment effective March 4, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Tammy Kriese 386 Davey St., Buffalo 14206, to the position of Counselor III Provisional, at the minimum starting salary of $21,345. FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective February 15, 1993 in the Department of General Services, Division of Inventory & Stores, Paul E. Tara 22 Olcott St., to the position of Laborer II, Seasonal at the flat starting salary of $6.65/hr. Appointment effective March 4, 1993 in the Department of General Services, Division of Inventory & Stores, Paul L. Desiderio, 70 Hayden St., Buffalo, 14210, to the position of Laborer II, Seasonal at the flat starting salary of $ 6.65/hr. Appointment effective March 4, 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. 93 BUFFALO CABLE TELEVISION ADVISORY BOARD Final Report on BCTV I am pleased to report the recent action of the Buffalo Cable Television Advisory Board (C TAB) in electing me as its Chairperson for the coming term, following Stan Coleman's resignation. I will look forward to increasing the coordination between the Board, the Common Council, and other City offices during the critical period of cable television franchise renewal ahead. With this in mind, I hope to touch base with each council member in coming weeks. This letter is also to convey the attached final report on our educational cable experiment, "Buffalo Learning Television," which has received our enthusiastic endorsement. Please do not hesitate to contact me with any inquiries concerning these or other matters. I may be reached by phone/fax at 885-3868. Also, members of C TAB will respond at the next meeting of the Special Committee on Cable Access Television. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 94 AFL-CIO COUNCIL Oppose Financial Commission Report Findings WHEREAS, The City of Buffalo, like many cities across the U.S., is experiencing financial problems, and the mayor has created a commission to suggest ways to cut costs and reduce the city budget, and WHEREAS, Most of the suggested cuts will directly hurt and punish both the city's unionized workers and the people of Buffalo because the proposed loss of these workers would eliminate hundreds of taxpayers from the city's rolls and from productive life in the community, and WHEREAS, The mayor and the commission are asking only Buffalo city workers to bear the burden of their proposed cost-cutting measures, rather than spreading the burden equitably among all of those who take their living from the city, and WHEREAS, Attacking the standard of living of the city's workers is not the way to solve the city's financial problems, and WHEREAS, The cuts proposed in both jobs and services will cause an increased rate in the diminution of the quality of life in Buffalo, NOW, THEREFORE BE IT RESOLVED That the Buffalo AFL-CIO Council go on record as being strongly opposed to the destruction of the standard of living of hundreds or thousands of workers who have struggled to maintain that standard of living through their union and collective bargaining for generations, and BE IT FURTHER RESOLVED That the city and all of the commission members be informed that everyone of the union members that the commission recommends for lay-off is a tax-paying member of the community, as well as a person who works hard to see that the city functions well every day, and BE IT FURTHER RESOLVED That the mayor, members of the Common Council, and, especially the members of the Financial Plan Commission be informed of this Council's opposition and its condemnation of their quick-fix scheme, which, if anyone were reckless enough to implement, would appear to solve the problem for one budget period, but would condemn the city to a long-term economic tailspin, possibly one from which Buffalo would not recover. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 95 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION Enterprise Zone Concept Paper At the request of the Economic Development Committee of the Common Council, I am submitting a concept paper on a proposed enterprise zone. The boundary illustrated in the attached proposal is also conceptual and was drawn on the map after having determined all of the key facilities that should be included in the zone. I am also proposing two non-contiguous areas located in Northeast and Northwest Buffalo (such noncontiguous areas were allowed in the last draft Federal bill). President Clinton has indicated his intent to sign an Enterprise Zone bill as part of the economic stimulus package. It is incumbent that we work with our Congressmen to show them where this program can be applied in Buffalo. Therefore, discussion of the concept paper appears timely. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 96 BUFFALO SOFTBALL LEAGUE, INC. Annual Audit Report Attached please find the Financial Statements of the Buffalo Softball League Inc. for the fiscal year ending November 30, 1992. This report is provided to comply with city ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 97 TOWN OF CHEEKTOWAGA Support Highway/Bridge Trust Fund Enclosed please find a certified copy of the resolution(s) adopted by the Cheektowaga Town Board on March 1, 1993 regarding: 1. Request the Governor of NYS to Create the Dedicated Highway and Bridge Trust Fund to Assist Local Municipal Highway Infrastructure Work Thank you. RECEIVED AND FILED. No. 98 CONRAIL Ownership of Fence-Leroy/Dewey Please refer to your correspondence regarding resolution #153, "Conrail - Repair Property Located Between Leroy Avenue and Dewey Street". Conrail's maintenance department has investigated this location on two occasions, most recently this week in response to the Common Council's resolution. Our records and on-site review indicate that the fence you ask us to repair is the property of the City. We concur that there is a problem with illegal dumping in this area. We have cleaned the area before and are prepared to do so again if necessary. However, if the City will be repairing the fence, we would plan to postpone our work until the repairs are completed. Until the fence is repaired, we anticipate dumping on our property will continue. We will await a response from the City as to its plans. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 99 ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY Annual PILOT Agreement As outlined in my letter of February 11, 1993, the ECIDA has made contact with all of the company's who have PILOT delinquencies. We have, under separate cover, provided Joel Giambra, City Comptroller, Laurence Rubin, Corporate Counsel, and Joseph Tanzella, Commissioner of Assessment, with an update of our discussions with the various companies still delinquent as to their PILOT payments. At this point, we have requested the appropriate City officials to provide direction on this issue. Please do not hesitate to contact me if you have any questions. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 100 BRIAN M. HIGGINS Generic Environmental Impact Statement (GEIS) for the Local Waterfront Revitalization Program (LWRP) By resolution #157 C.C.P. January 19,1993, the Council directed that a scoping session on the above listed GEIS be held on February 12,1993. This session was held in Council Chambers and attracted approximately 20 people. There were a series of presentations on the LWRP followed by a public comment period which produced several constructive ideas for the scope of the GEIS. After reviewing the preliminary draft GEIS which was produced by the Division of Planning, written comments which have been received regarding the GEIS ,and the ideas expressed at the scoping session, I have identified the following points as ones which need further development before the preliminary draft GEIS is accepted by the Council as a draft GEIS and sent to the public for comments: + Establishing a review mechanism for coastal uses + Transportation plans + The role of parking on the waterfront + Southtowns Connector + Microbiology of Coastal area + Fish spawning grounds - City Ship Canal + Set threshold levels for additional environmental review or supplemental EIS's for future developmental activities + Continued coordination between Horizons Commission plans and the. LWRP + Impacts of proposed developments in the Crossroads area on the Buffalo River shoreline and the possibility of including the Crossroads area in the Coastal Zone + Detail negative impacts of not building the Greenway Trail + Moving ball diamonds from their current location in LaSalle Park + Conservation wildlife areas defined within the Park Recreation and Open Space zoning classification + Erasure of building fabric at the foot of Main Street + Document historical remnants on the Buffalo River, including seven prehistoric villages + Proposed swimming pool on Katherine Street Peninsula + Extension of Coastal area to include Buffalo River to the city line and Scajaquada Creek to Hoyt Lake + Continuing discharges of toxic chemicals into the Buffalo River which conflict with recreational uses + Use restrictions to preserve the natural plant and wildlife resources of the Concrete Central Peninsula + Revision of plans for the foot of Smith Street to build on existing amenities + More depth of analysis in the following areas: 1. Pressure to develop wildlife habitats 2. Demand for community services - police, rescue etc. 3. Increase of pesticide use and storm water runoff 4. Floodplain impacts 5. Air pollution I have asked Bill Nowak of Council Staff to research the above points and present the Council with proposed supplemental amendments to the preliminary draft GEIS for the June 8 Council meeting. This would entail pulling Mr. Nowak off his regular environmental duties so he can concentrate on this project during the next six weeks. Mr. LoVallo has agreed to this change. The alternative would be to go with an outside consultant which would involve an expenditure and the possibility of a longer time frame. To date we have made every effort to touch base with all parties who have expressed an interest in the waterfront revitalization effort. The draft EIS, when completed, will be made available to the public and to federal and state agencies. I urge all Councilmembers to contact me on any concerns they may have regarding the GEIS so we can put forward the best possible document. RECEIVED AND FILED. No. 101 PAUL HOLMWOOD Forgive Interest on Taxes 27 Harbour Point Kindly be advised that I am owner of above property and purchased same on May 21, 1992. Proper papers showing change of ownership were filed in Erie County Clerk's Office on that day and subsequent calls were made by me requesting my city real estate tax bills. My answer each time was that I will receive the tax bills at the proper time. Needless to say, the first tax bill I received was my 1993 Erie County tax bill which I paid on January 29, 1993. Thereafter on or about February l, 1993 I received a notice showing my assessment change and delinquent tax notice on my City taxes which I have presently paid. (See attached copies). My further examination revealed that the initial tax bill was forwarded not to me but instead to the executor who sold the property residing 5117 47th Avenue S., Seattle, Washington 98118. Whether this person actually received said tax bill is unknown but one thing is certain, I never received this tax bill which I was ready and willing to pay. Real Property Tax laws Section 922 mandates the collecting officer to mail tax bills to the owner which was not in this case done. As a result of the above circumstances, I am requesting the City Council to waive the interest for which I was charged; namely, Five Hundred and Twenty-One and 21/100 ($521.21) Dollars and return same to me. One can readily understand that applying interest on the new owner under these circumstances would serve no purpose but instead unfairly and improperly impose a penalty on an innocent and blameless new owner. Thank you for your kind and courteous treatment. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 102 KENSINGTON-BAILEY BLOCK CLUB COUNCIL Oppose Dance License - 2987 Bailey This letter follows the Kensington-Bailey Block Club Council's letter of January 25th regarding the restaurant dancing license application of Essie Scales (d.b.a. Club Kilimanjaro, 2987 Bailey Avenue). As promised, the Kensington-Bailey Block Club Council has re-examined the situation. Among our findings are the following: o The problem with illegal parking by bar patrons remains. Earlier this month neighbors had reason to call 911 to request ticketing of illegally parked cars. o At 3 a.m. on February 21 music from the sound system was so loud that the base could be felt on the inside of the walls of a house two doors away. When neighbors called the "hotline" number provided by Mrs. Scales to report this, they discovered that the number was no longer in service. o A visit by a member of the Block Club Council early in February revealed that the Club did not have a security person on duty as promised to residents last summer. o In violation of the Club's agreement with residents, the Club does not have a dumpster. In fact, employees of the club have been seen carrying bags of garbage across the street to deposit in the dumpster of the Kensington-Bailey Community Service Center. o License Director Michael Mulderig has written to Ms. Scales concerning reports of dancing without a license and advised her to cease and desist. President Karen Peterson has received a letter signed by 11 residents of Phyllis complaining of similar incidents and asking the Block Club Council to recommend rejection of the license. Furthermore, a delegation of residents attended the Council's meeting of February 24th to personally urge rejection. Accordingly, last night the Kensington-Bailey Block Club Council voted unanimously to recommend that the Common Council reject the restaurant dancing license application filed by Ms. Scales. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 103 AFSCME LOCALS 264, 650 and 2651 Buffalo Financial Plan Commission Five Year Financial and Management Plan After an initial review of the above mentioned report, the following is a list of items that AFSCME Locals 264, 650 and 2651 might be able to support: Recommendation Section 93/94 Impact ($000s) Establish accounting closing process/more reports Adm./Finance 0 Improved auction of impounded vehicles Adm./Finance 30 Improve internal performance audits Adm./Finance NE Establish municipal law rates Adm./Finance 75 Restructure purch. function Adm./Finance 270 Raise parking meter fee Adm./Finance 259 Computerize record keeping system Compensation 0 Train management labor relations staff Compensation 0 Create Dept. of Personnel Compensation 0 Improve recordkeeping system Compensation 0 Put labor relations under personnel office Compensation 0 Improve labor-management relations climate Compensation NE Utilize direct deposit Compensation 0 Self insure dental without changing coverage Compensation 0 Eliminate duplicate prescription cards/retirees Compensation 1846 Hire 3 Building Inspectors require more inspections Housing 157 11 info processing proposals Info Tech NE Modernize mgt/energy conserv. in Div. of Buildings Public Works 500 Fine excess trash violators Public Works 200 Modernize street lights Public Works 68 Change animal/vermin control fee structure Reorganization 30 Reimbursement from BURA Reorganization 1081 Promissory notes for demolition work Revenue NE Increase construction permit/license fees Revenue 478 Study implementation of user fees Revenue NE Increase greens fees Revenue 124 Ticket tax/city owned venues Revenue 1127 Collect past due prop taxes parking fines Revenue 742 Judgements, receivership, tax sale cert./delinq. taxes Revenue NE Cost recovery analysis Revenue NE Waive judgement filing fees raise appeals fees Revenue 50 Modify recreation fee schedule Revenue 173 Revise false alarm fees alarm licensing Revenue 300 Improve collection of outstanding parking fines Revenue 1000 Information system for vehicle maint. Vehicle Mtnc. NE Total $8510 REFERRED TO THE COMMITTEE OF THE WHOLE. No. 104 NEW YORK STATE COMMISSION ON CABLE TELEVISION Ability to Challenge TCI Rate Increase This is in response to Resolution 135 as adopted by the Common Council at a session held January 5, 1993. The Resolution provides, in part, as follows: "That this Common Council formally expresses its very strong objection to the rate increase recently announced by TCI of New York to the New York State Commission on Cable Television and the Federal Communications Commission, and asks those agencies to report on whether the City has any legal basis upon which to challenge those increases;. It is my understanding that the recent rate increase(s) referred to in the resolution are the same increases described in information filed with the Commission by TCI-Buffalo under cover of letter dated November 23, 1992. (That information included a prototype of the notice given by TCI-Buffalo to the Common Council members.) Such increases -- to be effective with the January 1993 bills -- are as follows: (1) the monthly rate for basic cable increased from $18.80 to $19.45; (2) the rate for expanded basic service increased from $2.25 to $2.55; (3) the installation charge for previous customers increased from $40.00 to $60.00; and (4) the monthly rates for HBO increased 45 cents when applied to both the purchase of HBO a la carte and HBO as part of additional programming packages. The Council seeks an opinion as to whether it has "any legal basis" to challenge these increases. The issue is governed by federal law. As you know, on October 5, 1992, Congress enacted the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act"). The 1992 Cable Act amends the Cable Communications Policy Act of 1984 ("1984 Cable Act") in significant ways, including Section 623 relative to rate regulation. I should note, however, that the changes in rate regulation in the 1992 Act are not effective, as such, until April 3, 1993. Although they may nonetheless be relevant to the Council's inquiry, it is first necessary to consider the increases under the 1984 Cable Act. Under the 1984 Cable Act, rates for the provision of cable service are not subject to regulation where a cable system is subject to effective competition as such term is defined by the Federal Communications Commission ("FCC"). It is my opinion that the system in the City of Buffalo would be considered subject to effective competition under the FCC standard (as revised in 1991). That standard provides that a cable system is deemed subject to effective competition in any franchise area where six unduplicated local over the air television broadcast stations are available. A review of broadcast station coverage maps for the Buffalo area indicates that there are at least six unduplicated broadcast stations available throughout the City of Buffalo. Accordingly, at the time the Congress enacted the Cable Act of 1992, TCI's Buffalo system was considered to be subject to effective competition and was free to price all of its services unilaterally. However, even if TCI's Buffalo system was not subject to effective competition under the 1984 Act, the only rates subject to regulation would be the rates for basic service and the installation of basic service, and would not include expanded basic service or premium services such as HBO. The 1992 Cable Act also preempts regulation of rates where effective competition exists. However, the 1992 Act contains a new statutory definition of effective competition that is not based on the local broadcast stations. Specifically, new Section 623(1)(1) defines the term "effective competition" to mean: "(a) fewer than 30% of the households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (i) served by at least 2 unaffiliated, multi-channel video programming distributors, each of which offers comparable video programming to at least 50% of the households in the franchise area; and (ii) the number of households subscribing to programming services offered by multi-channel video programming distributors other than the largest multi-channel video programming distributor exceeds 15% of the households in the franchise area; (c) a multi-channel video programming distributor operated by the franchising authority for that franchise area offers video programming to at least 50% of the households in that franchise area. Under this standard, it would be my understanding that TCI's Buffalo system will not be subject to effective competition and, therefore, will be subject to the rate regulatory provisions of new Section 623. New Section 623 authorizes a franchising authority, upon certification by the FCC, to regulate the rates for basic cable service in accordance with standards to be promulgated by the FCC. The new law also provides for "regulation" by the FCC of rates for "cable programming services" (which are 'defined essentially to include non-basic, tiered services exclusive of per-channel, e.g. HBO, or per-program services). Local governments would be able to complain to- the FCC about the level of rates for cable programming services but would not have any independent authority to review or establish such rates. The FCC is in the process of developing standards for regulating rates for basic service and cable programming services. As noted earlier, Section 623 of the 1992 Cable Act provides that it shall be effective 180 days after the date of enactment, or April 3, 1993. Thus, it appears that the cable operator may continue to act pursuant to the 1984 Act until April 3, 1993. However, the 1992 Act does provide that a franchising authority may complain about the rates for tiered services in effect on April 3, 1993 within 180 days of the date the FCC adopts regulations pertaining to them. It is also my view that the rates for basic service in effect on April 3, 1993 will be subject to review and possible reduction by a franchising authority certified to regulate basic service rates in accordance with the FCC rules. In addition, the Commission has offered to the FCC, in comments filed in the rate regulation rulemaking, the view that rates increased for either basic service or cable programming services between December 4, 1992 and the effective date of the FCC regulations should not only be subject to review and reduction, but also that the company should be required to provide a rebate or credit to subscribers if the rates are ultimately determined to be unreasonable. Whether the FCC will formally adopt this interpretation of' the statute will not be known until the new rules are issued. In this regard, I will make a point to provide you with a copy of the rules when we receive them --I expect before April 3. I trust this is responsive to your inquiry. Should the Common Council have additional questions, please do not hesitate to contact me. REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATION COUNSEL. No. 105 NYS DEPARTMENT OF HEALTH Preliminary Site Assessment Draft Evaluation Report of Initial Data Tifft and Hopkins Streets Site #915131 - I have reviewed the Preliminary Site Assessment for the Tifft and Hopkins Streets Site. The Assessment concludes that based on the PSA Task 3 activities that this site be removed from the Registry of Inactive Hazardous Waste Disposal Sites. This recommendation is based on the absence of documented hazardous wastes, as defined by 6NYCRR Part 371, at the site. In addition under Section 4.2 Significant Threat Determination, the reports states that since the contaminated soil is buried, it does not pose a direct threat to public health via direct contact or impact to air quality. I am concerned the report is somewhat misleading in regard to the potential for exposure to the contaminates that are on-site. Relatively high concentrations of chlorobenzene (2,300 ug/kg) 1,2, - di chlorobenzene (340,000 ug/kg), 1,2,4 - trichlorobenzene (63,000 ug/kg) and naphtholene (810,00 ug/kg) were documented in subsurface soils. All of these chemical compounds are associated with potential adverse health affects. It is a matter of record that when workers breached the clay cap, that several experienced skin irritations and respiratory problems. Presently the potential of exposure to these chemicals is limited because of the existing clay cap and pavement. However, this cap has been disturbed in the pass and has the very real potential to be disturbed in the future as ownership changes. Section 4.2 should clearly state that due to high concentrations of contaminates on-site that any disturbance to the area will create a situation where exposure to these potentially harmful contaminates will occur. If you have any questions, please call me at 716-847-4502. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 106 NYS EDUCATION DEPARTMENT Inspect Buffalo Schools Com. 149, C.C.P., January 19, 1993 I am replying to your January 20, 1993 correspondence to Commissioner Sobol which forwarded resolution #149 that was adopted by the Buffalo Common Council. The Education Department shares the concern of the Council for the health and safety of all students. However, responsibility for the health and safety of the students rests with the Board of Education of each district. It is the Board of Education, not the State Education Department, who arranges for the performance of necessary inspections. Regulations for the enforcement of the New York State Uniform Fire Prevention and Were developed by the Department of State in 1985. These regulations, make the State Education Department accountable for the administration and enforcement of the Uniform Code for all undertakings by all school districts in the State, outside of New York City. This includes the Buffalo City School District. Section 155.4 of the Regulations of the Commissioner of Education was enacted by the Regents to conform to the requirements of the Department of State. An annual inspection is required of each building which is owned, leased or used by a public school district and, if the inspection indicates that the building is suitable for occupancy, a Certificate of Occupancy is issued by the Education Department A copy of Section 155.4 is enclosed for your information. You will note in Section 155.4 that inspectors must be qualified pursuant to procedures established by the State Fire Administrator. This means that a qualified inspector has been certified after completion of the Department of State's Code Enforcement Basic Training Program, or through individual evaluation of training and experience. Standards which guide the inspection derive from two sources: Chapter C of the Uniform Code which pertains to Fire Prevention and is applicable to all public schools outside of New York City, including the Big 4 cities, and Section 155.3 of the Regulations of the Commissioner of Education which pertains to health and safety requirements in existing school buildings and is applicable to all public schools outside of New York City and the Big 4 cities, i.e., 155.3 does not apply to public schools in the City of Buffalo. There is one inconsistency of which you should be aware. Section 807-a of the Education Law, which was the basis for annual fire inspection prior to 1984, specifically exempts the Big 5 cities. This inconsistency exists because 807a predates enactment of the Uniform Code. Pursuant to 155.4, annual inspections are taking place in Buffalo, Rochester, Syracuse, and Yonkers. The inspection process summarized above, has been ongoing outside of the Big 4 cities since the spring of 1984. The Big 4 cities, including Buffalo, have been involved since 1985. It is my understanding from conversations with staff of the Division of Plant Services and School Planning of the Board of Education, that they are well satisfied with the way the annual inspections are conducted and reports are processed. I know that from our point of view, we are very pleased with the cooperation we have received. Please contact me if you have further questions. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 107 NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION Comments on Hazardous Task Force Report Thank you for sending me a copy of the report prepared by the Buffalo Common Council Hazardous Waste Task Force. I want to thank the City for taking the initiative to create the Task Force and to congratulate the Task Force on its fine report. We have made great strides in the hazardous waste remedial program during the past several years and look forward to continued progress in remediating hazardous waste sites. We have reviewed the resolutions passed by the Common Council and have the following comments: Resolution 217 This resolution requests that the City of Buffalo establish the -position of "Hazwaste Remediation Coordinator." Response: The Department feels that the establishment of a coordinator position would have obvious advantages to the City and provide a focal point for contacts between NYSDEC and the City. The NYSDEC would, of course, work closely with anyone designated as a contact person. Resolution 224 The resolution requests that the New York State Department of Environmental Conservation seek authority to clean up hazardous substances sites. Response: The addition of the task of remediating a large number of hazardous substances sites throughout New York State would add a significant work load to the State Superfund Program. It is anticipated that the funding currently allocated to hazardous waste sites (principally from the 1986 Bond Act) will be insufficient to adequately address all these sites. Hazardous substances sites need to be addressed and the State Superfund Management Board has recognized this need. However, the Board recognized, in its 1992 Annual Report, that an additional funding source would be needed to address hazardous substances sites, since the existing State Superfund is already Stretched too thin. The NYSDEC generally agrees with the Board's position. Resolution 225 This resolution calls for the NYSDEC and NYSDOH to improve the delisting process. Response: The NYSDEC cooperates and coordinates with the NYSDOH during the delisting process. The NYSDOH does have exposure inventory and assessment, health assessment and community outreach programs. Where appropriate, health investigations are undertaken to eliminate or minimize exposures to hazardous wastes. Information from the site investigation is shared with the site owner, and pursuant to 6 NYCRR Part 375 (adopted May 1992) adjoining property owners and local governments are also notified. The control of future land use and development is a local government responsibility. With regard to informing future landowners and users of sites, the City could work with the County Clerk to reference in property records the existence and location of reports for both listed and delisted sites. In addition, Chapter 579 of the New York State Real Property Law requires that, starting July 1, 1993, County Clerks maintain an index of listed sites by present owners and tax map numbers. The NYSDEC will be providing this information to the County Clerks on or about May, 1993. Resolution 226 This resolution applauds the NYSDEC for developing a "drop dead" clause in the new Part 375 regulations and urges specific timetables for implementation of cleanup plans based on the "drop dead" clause. Response: The NYSDEC appreciates the City Council's recognition that NYSDEC strongly desires to bring negotiations to a rapid conclusion. However, the Part 375 regulations do not establish a nine-month negotiation deadline for all sites. Rather, it establishes a reasonable time period within which the Department must try to obtain a voluntary commitment from a responsible party to investigate and/or remediate a site before State monies may be used to accomplish the desired work. The State still may negotiate beyond the set period if it would be beneficial to do so. The NYSDEC does make an effort in the form of quarterly and annual reports and site-specific meetings and mailings to keep citizens and municipalities informed as to current schedules. Resolution 227 This resolution requests that the NYSDEC and NYSDOH set up a special joint lead program. Response: Lead levels are high in soils in nearly every major city and in other industrial areas of the State. At this time, the scientific evidence is not clear what levels or exposures can impact human health but because of the concern for the potential adverse impact, the NYSDOH is evaluating the problem. When their work is completed, their results will be evaluated to determine what action may be required and these results will be shared with the City of Buffalo. Resolution 228 This resolution requests that the NYSDEC publicize hotline numbers for reporting illegal dumping. Response: The NYSDEC realizes the importance of these hotline numbers to the remedial program and does make a considerable effort to publicize them. We will, however, look into additional measures to make these numbers known to the public. Our TIPP DEC program has had considerable usefulness in providing access to our Division of Law Enforcement. You may contact Director of Law Enforcement, George Firth, for further information at (518) 457-5681. Resolution 229 This resolution requests improved citizen participation. Response: The NYSDEC recognizes the importance of citizen involvement. The new Part 375 regulations upgraded the requirements for citizen participation. We have also added citizen participation staff, and there are two citizen participation specialists in the Region 9 office dedicated to hazardous waste remediation. Many of the suggestions made in the report of the Hazardous Waste Task Force are being implemented at many sites; however, we recognize the need for continued improvement. Currently we are in the process of revising the 1988 Citizen Participation Plan. We look forward to the City's specific input. Resolution 230 This requests NYSDEC to develop expenditure reports which clearly describe spending on hazardous waste sites in Buffalo. Response: Spending data on a site-by-site basis is reported in the quarterly and annual reports of the remedial program by the NYSDEC. This information should provide the information requested by the City of Buffalo. Resolution 231 This requests the NYSDEC to develop a report examining the State Superfund Program in light of the International Joint Commission's call for the virtual elimination of persistent toxins to the Great Lakes Basin. Response: We believe that the State Superfund Program is consistent with the International Joint Commission's plan. It should be realized, however, that the remedial program is intended only to address inactive hazardous waste sites and does not deal with current generators. The NYSDEC and the ISOPIA are signatories to the 1987 Declaration of Intent with Environment Canada and the Ontario Ministry of the Environment. In this declaration, by 1996, New York State is committed to reduce by 50 percent the point and non-point source loadings of persistent toxic chemicals of concern entering the Niagara River. The Department and EPA have established schedules for remediation of the major waste site contributors to the river, and are well on the way to meeting the commitment to cut in half the loading from these sites. Annual reports of this program are issued and the NYSDEC remedial program contributes to these reports. Resolution 232 This requests that the NYSDEC develop a timely site reclassification policy. Response: NYSDEC has accelerated the 2a reclassification process. Since 1989, the number of Class 2a sites has been reduced by 48 percent. Current staffing and work load levels have allowed the NYSDEC to reduce 2a sites at the rate of approximately 100 per year. With the NYSDEC's current staffing, it is anticipated that by 1997 the backlog of 2a sites will be reduced to a maintenance level that will allow investigations to be commenced immediately upon site identification. Nearly all Class 2a sites are now either under investigation or are contained in investigation contracts soon to be under way. Given the resources available, adherence to short artificial time frames would likely result in incorrect classification decisions and increased public risk. The NYSDEC does have a planning process which prioritizes sites based on factors such as threat to public health and the environment as well as potential for economic development. This priority ranking is then used to allocate the resources of the NYSDEC. Schedules are made available in the annual and quarterly reports. The task of remediation requires the cooperative efforts of the Federal, State and local government as well as the local industry and citizens affected by this problem. Your Task Force, in particular, is well aware of the problem and the difficulties in carrying out remedial solutions that are effective, affordable and acceptable. We look forward to future cooperation in our mutual goal of remediating the inactive waste sites in the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 108 ROSEMARIE LOTEMPIO Vehicle Maintenance Garage Consolidation Report Over the past several weeks I have met with members of the Administration, the Common Council, the City Labor Unions and the City Comptroller's Office in a joint effort to study The Buffalo Financial Plan Commission's Five Year Plan recommendations. The Committee's purpose was to evaluate and implement plan recommendations into cost effective and efficient policies for the City of Buffalo. Our committee has concentrated on Chapter 10 of the Buffalo Financial Commission's five year plan which deals with "Vehicle Maintenance". The chapter details the policies, procedures and management of the city's six (6) vehicle garages designated for the repair, preventive maintenance and storage of Buffalo's police, fire and public service vehicles. The garages have an operating budget of $6,647,000 for fiscal year 1992-1993 and a work force of 110 permanent employees. The following are reorganizational suggestions put forth by the Buffalo Financial Planning Commission in Chapter 10 (vehicle Maintenance) of it's five year plan. Our Committee reviewed and evaluated each suggestion in this chapter. The BFPC suggestions I will outline are followed by the unanimous opinions and reevaluations of our committee. a) BFPC - Consolidation of city maintenance garages: BFPC suggests consolidating (6) service garages into (3) garages REVIEW COMMITTEE - REEVALUATION - Consolidation of city maintenance garages: Our committee recommends consolidating (6) vehicle service garages into (2) garages. One centralized service center - (TRUSCON BUILDING) Fire Department Garage - would continue to service and maintain fire vehicles. CONSOLIDATION BENEFITS * More accurate and centralized record keeping for materials and labor costs. * Tracking and control of city owned vehicles. * Standardizing preventive maintenance policies and procedures. * Scheduling equipment replacement. * Lease and utility savings. * Savings from selling off or using vacant garages in other city departmental consolidation plans. b) BFPC - Cut vehicle maintenance staff from 110 to 62: Commission proposes laying off 48 worker through consolidation of responsibilities. REVIEW COMMITTEE - REEVALUATION - Cut vehicle maintenance staff from 110 to 80: Review committee supports cuts only by attrition. Expected vacancies from attrition by 30 positions c) BFPC - Expand work shifts - Presently mechanics and laborers only work one shift (8:30 am to 4:30 pm) which causes a problem in servicing vehicles which are in service the same hours mechanics are on duty. Backlogs of vehicle repairs are created when breakdowns occur when mechanics are off duty. REVIEW COMMITTEE - APPROVED - Expand work shifts -three 8 hour shifts daily would offer better maintenance for all shift service vehicles and lessen need for mechanic overtime. d) BFPC - Expanded mechanic responsibilities REVIEW COMMITTEE - APPROVED - Expanded mechanic responsibilities - Mechanics job specifications should include all aspects of vehicle maintenance (towing of city vehicles, replacing tires, non-critical welding jobs etc.). e) BFPC - Full time parts specification writer REVIEW COMMITTEE - APPROVED - One full time parts specification writer - Benefits include job consolidation and better parts management. BFPC - Obtain competitive prices for services from private providers for : vehicle tire repairs. REVIEW COMMITTEE - REEVALUATION - Obtain competitive prices for services from private providers for : Vehicle tire repairs are viewed more accessible and cost efficient if done in house. (More comprehensive tire repairs will be done at new centralized service center.) f) BFPC - Use of a Computerized fleet management and maintenance system REVIEW COMMITTEE - APPROVED - Use of a Computerized fleet management and maintenance system. A system to be integrated by the City's Data Processing Department is scheduled to be on line in two months. COMPUTERIZED FLEET MANAGEMENT AND MAINTENANCE BENEFITS * Ability to keep detailed record on operating costs, ownership costs, maintenance costs, parts costs, maintenance frequencies vehicle usage. * Parts inventory management parts costs, parts on hand, vendor detail, parts required per vehicle, etc.) * Work order management (scheduling, prioritizing, estimate of mechanic's time and skills) * Cost management (maintenance cost history, estimated repair and replacement costs) * Ability by management to analyze the cost of maintenance and repairs. * Ability to schedule routine preventive maintenance to prolong vehicle use life. * Better coordination between garage and departments for the use of parts in inventory versus buying new parts or surplus parts. g) BFPC - Automated system for gas dispensing REVIEW COMMITTEE - APPROVED - Automated system for gas dispensing System has already been initiated and will be on-line in two weeks for the Police Garage. System has the ability to be transferred to centralized service garage with proper retrofitting if needed. Total city vehicle phase-in could be completed at that time. REVIEW COMMITTEE - PROPOSAL - City laborer pool - In addition to the expanded work shifts, the concept of a city wide laborer pool would enable various city departments to request laborer services as needed. The concept will enable the city to concentrate laborer manpower in the departments that are work intensive at different times of the year (ex. Sanitation Department during summer months). This concept would reduce idle work time for laborers stationed in departments with slow work seasons and also present greater management and productivity from the city's laborer force. Another added incentive to form a labor pool is to eliminate the need for seasonal laborer employment. REFERRED TO THE COMMITTEE OF THE WHOLE. PETITIONS No. 109 Delaware Towers, Assn., owner, petition to use 1088 Delaware for a ground sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 110 Sisters of Charity Hosp., owner, petition to use 2157 Main for a ground sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 111 The Bella Vista Group Inc., owner, petition to use 2231 Niagara for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 112 Herwood Properties, owner, petition to use 1833 Elmwood for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS. No. 113 J. Lopez - Req. Police Park Detail for Shoshone Park. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 114 J. Lopez - Request 24 hour Police Detain Pct. #17 Area. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 115 M. Kurkowski - retain basketball courts/rink at Houghton REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 116 Salary Ordinance Amendment/Labor Relations (Item # 164 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Appointment Public Works/Stenographer That Communication No 31 CCP Mar 2f 1993 be received and filed and Permanent appointment of Rose Marie Alaimo-Sardo stated above at the Intermediate salary $19,428.00 effective on Feb 24, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 118 Appointment ICR/Building Inspector That Communication No 45 CCP Mar 2, 1993 be received and filed and the Permanent appointment of Peter L. Klemann stated above at the Intermediate salary $28,449.00 effective on Feb 22, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 119 Appointment ICR/Building Inspector That Communication No 46 CCP Mar 2, 1993 be received and filed and the Permanent appointment of Kevin J. Luthringer stated above at the Intermediate salary $28,449.00 effective on Feb 22, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 120 Appointment ICR/Supervisor Of Elevator Inspections That Communication No 47 CCP Mar 2, 1993 be received and filed and the Permanent appointment of Joseph L. Schiavone stated above at the Intermediate salary $33,351.00 effective on Feb 22, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 121 Appointment ICR/Chief Building Inspector That Communication No 48 CCP Mar 2, 1993 be received and filed and the Permanent appointment of Ronald F. Magrum stated above at the Intermediate salary $33,351.00 effective on Feb 22, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 122 Appointment Administration & Finance/Associate Account Clerk That Communication No 52 CCP Mar 2, 1993 be received and filed and the Provisional appointment of Carrie Genovesse stated above at the Intermediate salary $23,308.00 effective on Mar 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 123 Notices Of Appointments (C.Clerk) (Item # 62 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 124 Renew Lease - Bella Vista Group, Inc. (Item No. 14, C.C.P., Mar. 2, 1993) That the Comptroller be and hereby is authorized to renew the lease with the Joseph A. Cipolla, from Bella Vista for the lease of 2237 Niagara Street, for a one year period, to commence on October 1, 1992 and expire on September 30, 1993, the annual rental to be charged is $155 (One Hundred and Fifty Five Dollars) with the lessee to save the City harmless from any liability and to provide insurance therefore as set forth per Item No. 197, C.C.P., March 31, 1987. PASSED. AYES- 13 NOES- 0. No. 125 Negotiate Private Sale - 698 Eagle (Item No. 12, C.C.P., Feb. 16, 1993) That the Comptroller be, and he hereby is authorized to negotiate with Mr. Stephen Quinn, from Lake Erie News, News Distributors, of 1 Watson Street, Buffalo, for the private sale of 698 Eagle East and report to this Honorable Body the results of such negotiations. ADOPTED. No. 126 Result Of Negotiations/402 Hickory (Compt) (Item # 22 CCP Dec 22, 1992) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 127 Result of Private Sale - 804 South Division (Item No. 19, C.C.P., Jan. 19, 1993) That the offer of Mr. & Mrs. Hugh Dennis Lafferty, 801 S. Division, in the sum of $1,000.00 (One Thousand Dollars) to purchase the property described as 804 South Division, be and hereby is accepted on the condition that they obtain the necessary variance and permits; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 128 Residency Requirements/Exempt Employees (CC) (Item # 34 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby referred to the Civil Service Committee. ADOPTED. No. 129 Supplemental Attainment Aid (Assmt) (Item # 19 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Quarterly Financial Data (Compt) (Item # 15 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Quarterly Budget Report (A&F) (Item # 49 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Local 282/Oppose Finance Committee Report (Item # 68 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby referred to the Committee Of the Whole. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 133 Columbia Holdings Ltd., Petition to Rezone 1092-1108 Broadway (Item No. 72, C.C.P., Mar. 2, 1993) That the Common Council of the City of Buffalo do hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "C2" Commercial District rather than a "R-2" Residential District for the premises known as 1092-1108 Broadway, Buffalo, New York, more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie, State of New York, being part of Lots Nos. 4 and 5, Township 11, Range 8 of the Holland Land Company's Survey and further distinguished as being all of Subdivision Lots Nos. 116 to 121 inclusive, as shown on map filed in the Erie County Clerk's Office under Cover No. 169 and all of Subdivision Lots Nos. 472 to 474, inclusive, as shown on map recorded in Erie County Clerk's Office in Liber 504 of Deeds at page 323 (said map also being filed in the Erie County Clerk's Office under Cover No. 250) and an additional parcel of land situate in said Lot No. 4, Township 11, Range 8, more particularly bounded and described as follows: Beginning at the point of intersection of the northwesterly line of Broadway with the east line of Loepere Street; thence northerly along said east line of Loepere Street 192.98 feet to the northwest corner of Subdivision Lot No. 116 under Cover No. 169; thence easterly along the north line of Subdivision Lot No. 116 under Cover No. 169, 108.32 feet to the northeast corner of said Subdivision Lot No. 116; thence southerly along the east line of said Subdivision Lot No. 116 (said line also being the east line of Lot No. 5 and the west line of Lot No. 4, Township 11, Range 8) 14.51 feet to a point; thence easterly along the north line of Subdivision Lot No. 474 as shown on map recorded in Liber 504 of Deeds at page 323 and its extension westerly to the west line of Lot No. 4, Township 11, Range 8, 96.38 feet to a point on the west line of Sweet Avenue, said point also being the northeast corner of said Subdivision Lot No. 474; thence southerly along said west line of Sweet Avenue 30 feet to the southeast corner of said Subdivision Lot No. 474; thence westerly along the south line of said subdivision Lot No. 474, 32 feet to the northeast corner of subdivision Lot No. 474, 32 feet to the northeast corner of Subdivision Lot No. 472 as shown on map recorded in Liber 504 of Deeds at page 323; thence southerly along the east line of said Subdivision Lot No. 472, 104.02 feet to a point on the northwesterly line of Broadway, said point being the southeast corner of said Subdivision Lot No. 472; thence southwesterly along the northwesterly line of Broadway 178.67 feet to the point or place of beginning. This rezoning shall be effective providing the following condition is met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitoner's findings of negative impact under said Act. It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Laurence K. Rubin Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 134 Encroach Awning - 51 Court Street (Item No. 22, C.C.P., Mar. 2, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Brian Burke, owner of the Court Street Courier Restaurant, located at 51 Court Street, to install an awning which would encroach city right-of-way at said address, subject to the following conditions. 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the 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 ($5,000) 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. PASSED. AYES- 13 NOES- 0. No. 135 Proposed Demolition/Great Northern Elevator (Pres. Bd.) (Item # 5 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 136 NYSDCS/Status/Use Of Mohawk Manor (Item # 69 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Acquire 815 Tonawanda For Parking (Assmt) (Item # 20 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Ordinance Amendment/Dumping (CC) (Item # 35 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Ordinance Amendment/Dumping (Sts) (Item # 41 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Notification Serials 8277-8279 (PW) (Item # 20 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Seizure Of Assets In Drug Crimes (CC) (Item # 36 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Oppose New York Power Authority Rate Increase (Item # 141 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 R.Kern/Title VI Agreement BMHA/HUD (Item # 67 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Annual PILOT Agreement Report (Assmt) (Item # 26 CCP Jan 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Appointment of Members Examining Board of Electricians (Item No. 1, C.C.P., Mar. 2, 1993) That the appointments of members of the Board of Examining Board of Electricians of David J. Pierowicz, 91 Radcliffe Road, Buffalo, 14214, John Fecio, 291 Downing, Buffalo, 14220, Thomas Heidinger, 91 Vincennes Street, Buffalo, 14204 effective February 19, 1993, for terms expiring December 31, 1995, and that the reappointments of Edward T. Pitz, 44 Athol Street, Buffalo, 14220 and Jack P. Imperi, 883 Richmond Avenue, Buffalo, 14222, for terms expiring December 31, 1995, be and hereby are confirmed. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. RESOLUTIONS No. 146 By: Mr. Amos Ban 40 Ounce and Larger Containers of Beer and/or Liquor Whereas: Forty ounce and larger containers of beer & alcohol are targeted to consumers in inner city neighborhoods where alcohol related problems acutely affect the quality of life; and Whereas: These containers are often marketed as a single serving, the equivalent of drinking nearly five or more shots of distilled liquor as one serving; and Whereas: Beer companies have targeted the malt liquor category as a growth area (the malt liquor segment has grown 23% compared to 4% growth for beer sales overall) and can be expected to increase their targeted marketing activities to promote malt liquor; and Whereas: Inner City Youth are being attracted to this high risk consumption of malt liquor through rap music and other important cultural symbols to promote drinking; and Whereas: These larger containers contribute to litter and other public health and safety problems including but not limited to broken glass, public drunkenness and violent crime; and Whereas: According to the Department of Justice, over half of those convicted of committing violent crimes are under the influence of alcohol while committing these crimes; and Whereas: High risk use of potent alcoholic brews contributes to the destruction of families, neighborhoods and communities and puts every citizen at risk; Be It Resolved That; The Buffalo Common Council oppose the sale of 40-ounce and larger containers of beer and strongly urges all brewing companies to cease production and marketing of these larger containers; and Be it further resolved that: The City Clerk's office forward a certified copy of this resolution to the New York State Liquor authority and the U.S. Bureau of (Alcohol, Tobacco and Firearms, expressing the Buffalo Common Council's strong concern regarding these containers and affirming this city's commitment to the public health and safety of all its citizens. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE STATE LIQUOR AUTHORITY AND THE ERIE COUNTY ALCOHOL BEVERAGE CONTROL BOARD. No. 147 By: Mr. Amos Forgive Water Bill 25 Merrimac Whereas: The house located at 25 Merrimac has an outstanding water bill totalling $358.44; and Whereas: The property, which has been vacant for over two years and has been the object of much vandalism, is in need of extensive repairs; and Whereas: Once slated for demolition, the house was removed from the demolition list, in part due to the intervention of the University Heights Community Center; and Whereas: The owner of the property, Mr. Kevin McNerney, has expressed a willingness to repair and renovate the house in order to provide housing and to place the property back on the taxroll; and Whereas: Mr. McNerney has requested that the water bill be reduced or waived in order that the money owed as a debt be used toward the restoration of the house; Now, therefore, be it resolved: That this Common Council authorizes the forgiveness of the outstanding water bill totalling $358.44 for the property located at 25 Merrimac. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 148 By: Messrs. Amos, Coppola, LoTempio, Zuchlewski Occupancy Limitations Resulting From Agreement Between B.M.H.A. and H.U.D. Whereas: The Title VI Agreement between the Department of Housing and Urban Development (H.U.D.) and the Buffalo Municipal Housing Authority (B.M.H.A.) will have a serious destructive impact on access to public housing by Black family applicants; and Whereas: A provision of the Title VI Agreement states that an applicant is only permitted to choose a vacancy at a development where their race does not "predominate" (exceed 50%) of the existing tenant population at the development; and Whereas: Since Black families make up 72% of 3,150 tenant families and 60% of a 3,600 person waiting list for occupant vacancies, Black families will have almost no choices on the most desirable developments available based on the racial qualifications outlined in the Title VI Agreement; and Whereas: In contrast, the figures for White families which reflect 15% of tenant population and Hispanic families at 12% of tenant population, this agreement would enable Whites and Hispanics to choose any vacancy in almost all developments under this agreement and Whereas: The full impact of this agreement combined with the fact that B.M.H.A. has reduced 1,200 apartment units (mostly Black family households), regardless of $120 million in aid from H.U.D. for renovation of apartments since 1980, is a direct component of a housing crisis in Buffalo, New York. Now, Therefore Be It Resolved That: This Common Council requests Henry Cisneros, Secretary - Department of Housing and Urban Development (H.U.D.), Joseph Lynch, W.N.Y Regional Director - Department of Housing and Urban Development (H.U.D.) and Michael K. Clarke, Executive Director - Buffalo Municipal Housing Authority (B.M.H.A.) to file reports explaining the rationale of implementing the Title VI Agreement between B.M.H.A. and H.U.D.; and Be It Further Resolved That: The City Clerk's office send certified copies of the resolution to Henry Cisneros, Secretary - Department of Housing and Urban Development (H.U.D.), Joseph Lynch, W.N.Y Regional Director - Department of Housing and Urban Development (H.U.D.) and Michael X. Clarke, Executive Director - Buffalo Municipal Housing Authority (B.M.H.A.); and Be It Finally Resolved That: The Department of Housing and Urban Development (H.U.D.) and the Buffalo Municipal Housing Authority (B.M.H.A.) file their reports with the Buffalo City Clerk's office by 2:00 P.M Thursday, April 1, 1993. REFERRED TO THE COMMITTEE ON LEGISLATION, BUFFALO MUNICIPAL HOUSING AUTHORITY AND HUD. No. 149 By: Mr. Arthur Request Report-- Revising Collections Procedure Whereas: The Buffalo Financial Plan Commission Report recommends revising collection procedures by centralizing collections under the Comptroller, reducing staff and increasing the use of Collection agencies; and Whereas: Commissioner Planavsky and Comptroller Giambra expressed support for these recommendations at a recent meeting of the Common Council's Committee of the Whole. Now Therefore Be It Resolved That: This Common Council requests the Commissioner of Administration and Finance to report to this Council on his plans for revising the collections procedure. Where will the collections be housed? How will it be staffed? Are cuts in personnel envisioned? Will training be undertaken for remaining staff. Are steps being taken to increase the use of outside Collection agencies. Be It Further Resolved That: The Commissioner of Administration and Finance respond to this request as soon as possible so that the Council can take action on the Buffalo Financial Plan Commission's recommendations. ADOPTED. No. 150 By: Mr. Arthur Request Report Establishing a Department of Personnel housing a Division of Labor Relations Whereas: The Buffalo Financial Plan Commission Report recommends creating a new Department of Personnel that would house a Division of Labor Relations. Whereas: The Council needs to know whether the Administration plans to implement this recommendation in the 1993-94 City Budget so that it can begin to plan for such an eventuality. Now Therefore Be It Resolved That: This Common Council requests the Commissioner of Administration and Finance to report to this Council on the Administration's plans for establishing and staffing this new department. Be It Further Resolved That: The Commissioner of Administration and Finance respond to this request as soon as possible so that the Council can take action on the Buffalo Financial Plan Commission's recommendations. ADOPTED. No. 151 By: Mr. Arthur Request Report Collection of Delinquent Property Taxes and Obtaining Promissory Notes for Demolition Work. Whereas: The Buffalo Financial Plan Commission Report recommends that the City aggressively pursue the collection of delinquent property taxes and obtain promissory notes prior to undertaking demolition work. Now Therefore Be It Resolved That: This Common Council requests the Comptroller to report to this Council his efforts to collect delinquent property taxes and his views on the recommendation to obtain promissory notes prior to demolition work. This report should contain an assessment of the legal requirements necessary to end City liability for dilapidated structures. Be It Further Resolved That: That the Comptroller respond to this request as soon as possible so that the Council can take action on the Buffalo Financial Plan Commission's recommendations. ADOPTED. No. 152 By: Mr. Arthur Request Report Establishing Criteria for Use of Outside Counsel and "Municipal Law Rates" Whereas: The Buffalo Financial Plan Commission Report recommends that the Law Department establish criteria for the use of outside counsel and also establish "Municipal Law Rates" for compensating outside lawyers for their work. Now Therefore Be It Resolved That: This Common Council requests the Corporation Counsel to report to this Council on his plans for establishing criteria for the use of outside counsel and on establishing "Municipal Law Rates." Be It Further Resolved That: That the Corporation Counsel respond to this request as soon as possible so that the Council can take action on the Buffalo Financial Plan Commission's recommendations. ADOPTED. No. 153 By: Mr. Arthur Request Report Review of Settlement Policy Whereas: The Buffalo Financial Plan Commission Report recommends that the Law Department review its settlement policy to determine more accurately the costs and benefits of settlement, and whether it is appropriate to hire outside counsel. Now Therefore Be It Resolved That: This Common Council requests the Corporation Counsel to report his review of the Law Department's settlement policy to this Council so that Council members can review claims from the policy's perspective. Be It Further Resolved That: That the Corporation Counsel respond to this request as soon as possible so that the Council can take action on the Buffalo Financial Plan Commission's recommendations. ADOPTED. No. 154 By Messrs.: Arthur and Perla Amend 36th Annual Allentown Outdoor Art Festival Provisions Whereas: Provisions for the upcoming 36th Annual Allentown Outdoor Art Festival was approved by this Common Council on February 16, 1993; and Whereas: Section 3(a)(b) and Section 9 of the resolve on the approved provisions concerning art and craft exhibitors, concessionaires and vendors and the property of the Ascension Church at 16 Linwood Avenue and Westminster Church at 724 Delaware Avenue shall be amended as follows: Section 3(a). Art or craft exhibitors. Art of craft exhibitors may be located within the event area on the following streets only: Delaware Avenue between North Street and Tupper Street (east and west sides), Franklin Street between Allen Street and Virginia Street (east and west sides), Allen Street from Elmwood Avenue to Franklin Street (north and south sides), Virginia Street between Delaware and Franklin Street (north and south sides). Section 3(b). Concessionaires and vendors. Concessionaires and vendors within the event area shall be located on the following streets only: Delaware Avenue in the block between North and Allen Streets, in the block between Allen and Virginia Streets, and in the vicinity of Edward Street, on Franklin Street between Virginia and Allen Streets, and on Allen Street in the vicinity of Franklin Street. Such participant concessionaires shall be responsible concessionaires to be selected by the AVS. The AVS may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The AVS may also select and designate a single vendor to produce and sell Art Festival T-shirts, sweat-shirts or similar merchandise within the defined concession areas. All participant concessionaires and vendors are required to comply with all otherwise applicable licensing and health requirements. Section 9. The property of Ascension Church at 16 Linwood Avenue and of Westminster Church at 724 Delaware Avenue and shall not be subject to the forgoing provisions. Included the above mentioned shall not conduct or sponsor any outdoor amusement rides or arts and crafts show and provision (4) of this resolution governing radio and television broadcasts shall also be applicable on those properties. Whereas: These changes were recommended by the Allentown Village Society and have been reviewed by the City of Buffalo Corporation Counsel. Now, Therefore, Be It Resolved: That this Common Council requests the approved provisions for the upcoming 36th Annual Allentown Outdoor Art Festival to be held on the weekend of June 12 and 13, 1993 to be amended as stated. PASSED. AYES- 13 NOES- 0. No. 155 By: Messrs. Arthur, Bell, Fahey, Coppola, Pitts, Franczyk, Bakos, Collins, Perla, Zuchlewski, Higgins, Amos and Mrs. LoTempio Change In Senior Citizen Exemption Whereas, the New York State Legislature has amended Section 467 of the Real Property Tax Law affecting the State Permissible Income Limit for Exemption on Real Property owned by senior citizens; Now, Therefore, be it Resolved: That the City of Buffalo hereby adopts in full the new limitations and Permissible Income Limits for Exemption Real Property in the City of Buffalo, as contained in Section 467 of the New York State Real Property Tax Law, to become effective on December 1, 1993 PASSED. AYES- 13 NOES- 0. No. 156 By Mr. Bell Discharge Economic Development Committee Sale/Lease Agreement Bud-Mil Incubator Building (Item No. 37, C.C.P., March 2, 1993) Whereas the Sale/Lease Agreement for the Bud-Mil Incubator Building is presently in the Committee on Economic Development, and Whereas it is no longer necessary that this item be cosidered by that Committee, and Whereas the above item has been scheduled for a public hearing before the Common Council on this date at 2:00 p.m. pursuant to the attached notice of hearing which was published in the Buffalo News, now therefore Be It Resolved that the Committee on Economic Development is hereby discharged from further consideration of the item, and the item is properly before the Council. ADOPTED. Mr. Fahey moved that the hearing be opened. Seconded by Mr. Bell. CARRIED. Appearances: David Sengbush - Dept. Comm. Development Charles Rosenow - Bflo. Econ. Develop. Corp. Brian Wiston - GEM TEX Abrasive Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bakos. CARRIED. Mr. Fahey now moved: WHEREAS, the Buffalo Urban Renewal Agency has duly designated Buffalo Enterprise Development Corporation/Gemtex Abrasives 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 Sale/Lease Agreements has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That Buffalo Enterprise Development Corporation/Gemtex Abrasives 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 Thruway Industrial Park Phase I. 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 "Sale/Lease Agreements" to Buffalo Enterprise Development Corporation/Gemtex Abrasives and/or other legal entity to be formed in accordance with the terms of said Agreements and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 157 By: Mr. Collins Transfer of Funds Appropriation Allotments Exempt Items Reserve for Capital Improvements Capital Projects Fund Division of Buildings That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $575.00 be and the same is hereby transferred from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $575.00 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $575.00 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $575.00 To: 200 Capital Projects Fund 40-2 Division of Buildings 091 Reconstruction C.A.O. Headquarters $575.00 PASSED. AYES- 13 NOES- 0. No. 158 By; Mr. Collins Increased Appropriation Transfer of Funds Reserve for Capital Appropriations Comptroller 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 - Department of Audit and Control - Comptroller be and the same is hereby increased in the sum of $15,720. That, the Comptroller be and hereby is authorized and directed to transfer from the account: 100 General Fund 890-050 Reserve for Capital Appropriations $15,720 and to Increase and transfer to the account: 100 General Fund 04-0 - Comptroller 085 - Capital Outlay 982 - Operating Equipment $15,720 PASSED. AYES- 13 NOES- 0. No. 159 By: Mr. Collins Transfer of Funds Capital Projects Fund Budget and Management Division of Buildings That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $30,000 be and the same is hereby transferred from the Capital Projects Fund - Budget and Management - Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 061 - Budget and Management 001 - Planning for Capital Projects 30,000 To: 200 Capital Projects Fund 402 - Division of Buildings 522 - Delaware Park Restoration $30,000 PASSED. AYES- 13 NOES- 0. No. 160 By: Mr. Collins Transfer of Funds Increased Appropriation Appropriation Allotments Reserved Fund Balance Department of Fire 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 - Department of fire and the same hereby is increased in the sum of $32,208. That the Comptroller be and hereby is authorized and directed to transfer the sum of $32,208 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 21-0- Department of Fire 085- Capital Outlay 981 - Passenger Cars and Other Vehicles 2 Vehicles $32,208 REFERRED TO THE COMMITTEE ON FINANCE. No. 161 By: Mr. Collins Increased Appropriation Reserved Fund Balance Appropriation Allotments - Division of Parking Enforcement 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 Parking Enforcement be and the same hereby is increased in the sum of $50,000. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $50,000 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: TO: 100 General Fund 06-4 Division of Parking Enforcement 085 - Capital Outlay 982 - Operating Equipment $50,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 162 By: Mr. Collins Transfer of Funds - Appropriation Allotments Exempt Items - Water - Department of 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 $300,000 be and the same is hereby transferred from an account 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 $300,000 TO: 410 Enterprise Fund - Water 98-0 Department of Water 022 - Engineering and Inspection of Water Lines Purchase of Services 573 - Engineering & Technical Services $300,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 163 By Mr. Collins Increased Appropriation Appropriation Allotments Fund Balance Reserve Department of Assessment 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 - Department of Assessment be and the same hereby is increased in the sum of $8,000. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $8,000 from 100-890-050 - Fund Balance Reserve for Capital Appropriations to meet this increased appropriation as set forth below: TO: 100 General Fund 09-0 Department of Assessment 085 - Capital Outlay 982 - Operating Equipment Computer Equipment $8,000 PASSED AYES- 13 NOES- 0. No. 164 By Mr. Coppola Set Public Hearing: Engine 16 Redevelopment Project Approval of Land Disposition Agreement WNY Veterans Housing Coalition, Inc. WHEREAS WNY Veterans Housing Coalition, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction and rehabilitation of nine (9) residential units of new housing known as the Engine 16 Redevelopment Project in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS Said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 19th day of March 1993. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. In the Council Chambers on the 30th day of March 1993. ADOPTED. No. 165 By Mr. Coppola Request Information on Gun Amnesty Program Whereas: The City of Buffalo has continued its gun amnesty program paying $40 for handguns and $20 for long guns; and Whereas: Although the program appears to be successful, it would be a matter of great interest to know how many city residents and how many suburbanites took advantage of the program, and also the immediate plans for all firearms purchased through this program. Now therefore be it resolved that This Common Council requests that the Commissioner of Police inform this Council of a breakdown of the number of city residents and the number of suburbanites who took advantage of the gun amnesty program, and also the immediate plans for all firearms purchased through this program. ADOPTED. No. 166 By Mr. Coppola Request Ashland Avenue be Turned Into a Play Street Whereas: The residents of Ashland Avenue, between West Ferry and Highland Avenue have requested that their street be designated a "Play Street"; and Whereas: This request was necessitated by the desire to improve safety for neighborhood children and adults alike, and the number of accidents at Ashland and West Ferry; and Whereas: The residents' suggestion for a "Play Street" would lose the street to thru traffic, but would allow for residential traffic, city service vehicles, and emergency vehicles, and would allow for no parking from 9:00 AM until the street lights turn on; and Whereas: The residents have taken the time to canvass the entire street and have received 100% support for this innovative idea to improve safety and the quality of life in the immediate community and the City of Buffalo, Now therefore be it resolved that This Common Council supports the residents of Ashland Avenue, between West Ferry and Highland, in their desire to improve safety and the quality of life in their community by suggesting establishment of a "Play Street", which would close the street to thru traffic; and Be it further resolved that This resolution be referred to the Department of Public Works and the Committee on Legislation for further discussion. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE, THE COMMISSIONER OF STREET SANITATION AND THE CORPORATION COUNSEL. No. 167 By Mr. Coppola Parking Ticket Amnesty Program Whereas: The City of Buffalo anticipates a $25 million budget deficit during this fiscal year; and Whereas: In past years various amnesty programs have been implemented by governmental municipalities to generate revenue to offset budget deficits in other cities; and Whereas: The mayor and the Common Council have an obligation to come up with a feasible plan to generate revenue for the city without incorporating higher taxes, layoffs or user fees; and Whereas: It is estimated that there is $14.8 million in collectable fines & penalties due to the Parking Violations Bureau; and Whereas: While the PVB is making a legitimate effort to collect the outstanding money, there is still an enormous backlog of collectable accounts, and a shortage of manpower has hampered a timely resolution to the problem; and Whereas: In the past, proposals for an amnesty Program for parking tickets have been rejected by the Administration, and attempts to collect outstanding debts have failed to significantly reduce the total dollars owed; and Whereas: It is in the best interest of the City that the Commissioner of Administration and Finance and the Director of the Parking Violations Bureau establish an amnesty Program for scofflaws; Now, therefore, be it resolved: That the Common Council request the Department of Administration & Finance and the Parking Violation Bureau to establish a policy for a Parking Ticket amnesty Program: Be it further resolved: That this program include the following conditions: 1. 30 Day limit for length of amnesty period 2. Amount due reduced to the original violation fine plus administrative fee cost of $2.00 for notification to violators. 3. Any individuals currently involved in a payment plan with the Parking Violations Bureau shall be eligible to participate in the amnesty program for the original amount due on outstanding violations. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS COPPOLA, FAHEY, FRANCZYK, HIGGINS, LoTEMPIO, PERLA, PITTS-12. NOES - ZUCHLEWSKI-1. No. 168 By Mr. Coppola Buffalo Urban Renewal Agency Payroll Policy Whereas: The Buffalo Urban Renewal Agency functions under the umbrella of the Griffin administration with no real checks & balances administered by the Common Council; and Whereas: Some years ago, BURA decided to contract out it's own employee payroll to Automated Data Processing Inc. (ADP), amounting to thousands of dollars in contractual work; and Whereas: The BURA payroll was previously handled by the Comptroller's Office; and Whereas: BURA could transfer this function, as a cost cutting measure, back to the Comptroller's office while at the same time providing a revenue source for the City; Now, therefore, be it resolved: That the Buffalo Common Council requests the Buffalo Urban Agency to enter into an agreement with the Comptroller's office to administer payroll operations. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND BURA. No. 169 By Mr. Coppola Agreement to Reconstruct Delaware Avenue S-curves Whereas: Permission was granted by the Common Council on July 21, 1992, for the mayor to enter into agreement with the State of New York Department of Transportation for the reconstruction of Delaware Avenue from West Delavan to Nottingham Terrace, including the S-curves; and Whereas: The date for the reconstruction to begin is May, 1995; and Whereas: According to reports, DOT has temporarily suspended planning of the project due to lack of matching funds from the City; and Whereas: The Department of Public Works has requested $335,000 in the 1993-94 budget as a match to the State's $8.5 million for the design and right-of-way incidental work on this project, and these funds must be deposited with the State Comptroller prior to the award of the contract. Now therefore be it resolved that the Mayor is hereby authorized to enter into any and all agreements needed for the City's participation for funding this project; and Be it further resolved that This Council requests that after adoption of the 1993-94 Capital Budget, the Comptroller make funds available for the City's share by issuing either an interfund cash loan or a bond anticipation note and that such funds be deposited with the New York State Comptroller as required by the agreements. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS. No. 170 By Mr. Fahey Western New York Office Space Whereas: The New York State Urban Development Corporation is planning on building a new office building of 450,000 square feet at Bryant Woods in Amherst; and Whereas: The Amherst Town Board is scheduled to vote March 1, 1993 on the site plan; and Whereas: The UDC vice president noted that Amherst has a shortage of vacant land; and Whereas: The new office park is being built to attract new companies to Amherst; and Whereas: Such a strategy which usually comes at the expense of neighboring communities as is evident by the recent moves of Tops Headquarters, Ingram Micro D and the Polish Union of America from Buffalo to the suburbs. Whereas: The Federal General Services Administration is planning to erect a new building at Delaware Ave. and W. Mohawk St. for a new U.S. Attorney's office; and Whereas: There is approximately a 20% vacancy rate in downtown office space at any given time; and Whereas: Adding state subsidized office space in the suburbs is terrible urban policy in light of the Federal goal of developing urban cores; and Whereas: The newly created office space will further exacerbate, instead of alleviate, a depressed real estate market. Therefore Be It Resolved That: This Common Council opposes the addition of any state subsidized development that encourages and abets the destruction of the central city. Be It Further Resolved That: This Council asks that the New York State UDC report on how they determined to locate development at this location and if they determined the effect that it would have on the City of Buffalo's office space dilemma. ADOPTED. No. 171 By Mr. Fahey Status Report on New Animal Shelter at 380 N. Oak Whereas: The City of Buffalo acquired the property at 380 N. Oak Street for the specific purpose of renovating the existing building for use as a new animal shelter facility; and Whereas: In June of 1992, bids were received for the conversion of the building, estimating the cost at $559,465; and Whereas: At the time the bids were received, bond accounts from the 1991-92 and 1992-93 budgets identified to do the work had a balance of $400,000; and Whereas: While waiting for the additional funds needed to convert the facility to be put in place, the city entered into a month to month lease agreement with R & G Wholesale for use of the building at 380 N. Oak; and Whereas: The need to establish a new animal shelter has been an ongoing concern for many years, and the selection of the Oak Street site and subsequent development of design specifications are the culmination of over three years of work by the Animal Shelter Advisory Board, the Streets Department and the Department of Public works; and Whereas: Additional progress on this project seems to have come to a screeching halt, and the current lease situation with an outside concern offers little incentive to move the process forward; Now, therefore, be it resolved: That this Common Council request that the Departments of Streets, Public Works, and Community Development and the Division of Real Estate prepare reports on the current status of the property at 380 N. Oak Street and the plans to convert this building into a new animal shelter for the city of Buffalo; and Be it further resolved: That these reports be filed with the Common Council prior to 2:00 PM on Thursday, March 25, 1993. ADOPTED. No. 172 By Mr. Fahey Request report on the Delaware Park Casino Whereas: The Delaware Park Casino is a majestic structure with both a history and a potential to add greatly to the enjoyment of Delaware Park and Hoyt Lake; and Whereas: The Casino remains closed to the public; and Whereas: To date over $325,000 in city bond money has been spent on rehabilitating the Casino; and Whereas: The only current use of the Casino appears to be for expensive private parties; and Whereas: Hot chocolate and public rest rooms would have been very popular during the recent winter weather which brought hundreds of people into the Park to skate, ski and sled; and Now therefore be it resolved, that: This Common Council requests the Department of Public Works to file a report detailing when the Delaware Park Casino will be open for public use. ADOPTED. No. 173 By Mr. Fahey Recommendations to Buffalo Financial Planning Commission Report Whereas: The Common Council has held a series of workshops with union leaders, city department heads, and members of the Buffalo Financial Planning Commission with the sole intent and purpose of finding answers to resolve the city's fiscal problems; and Whereas: The results of these sessions have been successful to the point where agreement has been reached on (***) proposals which will save the taxpayers of Buffalo (***) dollars and raise (***) in new revenue; and Whereas: The workshops have also been beneficial in identifying areas of concern and priorities in formulating the current budget; and Whereas: A key component among the recommendations of the BFPC is a request of a $10 million grant from the State of New York; and Whereas: A caveat of this proposal is that the request for this grant be accompanied by a plan consisting of reductions in spending and increases in revenue generation; and Whereas: The list of budget cuts for expense reduction and the enhancements for revenue increases agreed upon as a result of the ongoing workshops includes: LIST OF ITEMS; Now, therefore, be it resolved: That the Common Council of the city of Buffalo formally approve the above listed proposals for expense reduction and revenue enhancement in a statement of the city's intent to improve its financial situation; and Be it further resolved: That this Honorable Body request that the Governor of New York State and the Members of the State Legislature further assist the City of Buffalo through the provision of a $10 million grant ; and Be it finally resolved: That the City Clerk forward certified copies of this resolution to Governor Mario Cuomo, the members of the Western New York Delegation to the New York State Legislature and the New York State Budget Director. LAID ON THE TABLE. No. 174 By Mr. Fahey Possible Merger of Purchasing, Mail Rooms, Print Shops Whereas: The Buffalo Financial Plan Commission has recommended that the City of Buffalo and the Buffalo Board of Education consolidate its purchasing, mail room and print shop operations; and Whereas: Such a merger would produce an annual savings of $444,000, according to figures prepared by the Commission, without having an adverse impact upon city or board functions; and Whereas: It is incumbent upon the city and board to pursue this concept in an aggressive manner in order to reduce spending; Now, Therefore Be It Resolved: That this Common Council request the Commissioner of Administration and Finance and the Buffalo Schools Superintendent to immediately initiate discussions aimed at implementing the Buffalo Financial Plan Commission recommendations to consolidate the purchasing, mail room and print shop operations; and BE IT FURTHER RESOLVED: That the Council also request the Administration and Finance Commissioner and the Schools Superintendent to keep this Honorable Body apprised of the progress of such discussions, and to file with the City Clerk a written response to this resolution by 2:00 PM on Thursday, March 25, 1993. ADOPTED. No. 175 By Messrs. Fahey, Bakos and Higgins Appointing a team to negotiate a Good Neighbor Agreement on toxic pollution in the Seneca-Babcock neighborhood Whereas: Through resolution #155, C.C.P., October 13, 1993 this Common Council expressed its support for the negotiation of a "Good Neighbor Agreement" with Buffalo Color Corp. PVS Chemicals and Airco Inc.; and Whereas: This Common Council requested a Good Neighbor Agreement in order to reduce toxic pollution from these industries; and Whereas: Regarding air pollution, neighbors of these facilities have been wary of living with polluted air for years and current EPA figures demonstrate that there is a great deal of toxic air pollution released to the Seneca Babcock neighborhood; and Whereas: An additional fact which has emerged since the original Council resolution is that the Buffalo China Company released 2,000 pounds of lead compounds to the air in this neighborhood in 1991; and Whereas: Regarding water pollution, this Council has also declared the Buffalo River a "Toxic Free Zone" and wishes, through the Good Neighbor process, to develop a plan for ending toxic discharges to the Buffalo River in an expedited fashion; and Whereas: Regarding pollution of the land, there are 10 listed hazardous waste sites within 1.1 miles of the intersection of Seneca and Babcock and residents have asked that these sites be part of the agreement where possible ; and Whereas: In 1990, the 14210 zip code ranked 8th in New York State for the total discharge of carcinogens, and Buffalo Color was ranked 6th statewide in this category; and Whereas: A positive aspect of the Good Neighbor process is the examination of industrial processes with an eye to reduce the use of toxic substances, thereby eliminating pollution and worker exposure; and Whereas: All three industries responded to resolution 155 and, as good corporate citizens, expressed their willingness to discuss the issue of toxic releases with the Council; Now therefore be it resolved that: This Common Council hereby requests Buffalo Color Corp., Airco, Buffalo China and PVS to appoint a team to negotiate a Good Neighbor Agreement regarding toxic pollution releases and toxic use reductions with the Council appointed team; and Be it further resolved, that: The Council appointed team include the following individuals: Marie Gable Dawn Cardarelli Seneca-Babcock Seneca Babcock Environmental. Comm. Environmental Comm. 201 Maurice Street 189 Maurice Street Buffalo,NY 14210 Buffalo,NY 14210 Monica Carnley Charles Tebbutt, Esq. 213 Maurice Street Allen, Lippes & Shon Buffalo, NY 14210 1260 Delaware Avenue Buffalo, NY 14209 Dr. Stephen Steiner James Valenti Chemistry Department United Steelworkers of America Buffalo State College Lakeland Professional Office Bldg. 1300 Elmwood Avenue 812 State Fair Blvd. Buffalo, NY 14222 Syracuse, NY 13209 Karen Murphy Diane Heminway Great Lakes United Citizens Environmental Coalition 89 Albany Street 11149 Dunlop Road Buffalo,NY 14213 Medina, NY 14103 Peg Overdorf Margaret Wooster Valley Community Assoc. Friends of the Buffalo River 93 Leddy Street 135 Woodward Avenue Buffalo,NY 14210 Buffalo,NY 14214 Be it further resolved, that: This Common Council requests that the NYSDEC hold off on Buffalo Color's pending request for changes in Action levels and increased limits for discharges to the Buffalo River of Ammonia, Total Suspended Solids and Total Organic Carbon until these changes can be considered as part of the Good Neighbor Agreement; and Be it further resolved, that: This Council requests the New York State Departments of Environmental Conservation and Health, the NYS Attorney General's office, and the Buffalo Environmental Management Commission to send representatives to the Good Neighbor Agreement negotiating meetings as participating observers who will provide the perspectives and informational resources of their agencies to the discussion, but who will not be voting members of either negotiating team; and Be it finally resolved, that: This Common Council directs the City Clerk to send certified copies of this resolution to the above named corporations, appointees and state agencies. ADOPTED. No. 176 By Mr. Franczyk Further Appointments to the Parks Conservancy Task Force Whereas: This Common Council has formed a Task Force to study and design a Parks Conservancy Model for the city of Buffalo; and Whereas: The Conservancy is intended to be a private/public partnership to promote a stewardship over the Buffalo Parks and the Olmsted system, advocating the securing of private and public funds for parks improvement and management; and Whereas: Since the original appointment of the Task Force, talented people whose skills might be useful in the development of Buffalo's Conservancy have expressed a willingness to serve on the Task Force; Now therefore be it resolved, that: This Common Council hereby appoints Craig Coyne, 903 Liberty Building, Buffalo, NY 14202 and David Hahn Baker, 440 Lincoln Parkway, Buffalo, NY 14216 to the Parks Conservancy Task Force; and Be it further resolved, that: The City Clerk be directed to send certified copies of this resolution to the above named individuals. ADOPTED. No. 177 By Mr. Franczyk Set Public Hearing: Lovejoy-Fillmore-South New Housing Project Amend Land Disposition Agreement Apex Development & Construction Co. WHEREAS Apex Development & Construction Co. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS The Agency and the Redeveloper have negotiated an amendment to Land Disposition Agreement for the construction of one (l) residential unit of new housing 935-937 Clinton Street; and WHEREAS Said amendment to Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 19th day of March 1993. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 30th day of March 1993. ADOPTED. No. 178 By Mr. Higgins Permission to Enter into Agreements for the Reconstruction of Tifft Street Bridge Whereas The State of New York has allocated approximately $18.5 million of highway bridge funding for the reconstruction of the Tifft Street bridge; and Whereas The City of Buffalo must match this funding with $4.04 million in local funds; and Whereas $1.88 million is available from the 1992-1993 Capital Budget, and the Department of Public Works is requesting the remaining $2.16 million in the 1993-94 Capital Budget, and Whereas The State has scheduled the construction to begin in July of 1993, and the City's portion must be deposited with the State Comptroller before the start of construction. Now, Therefore Be It Resolved That the Mayor is hereby authorized to enter into any and all agreements needed for the City's participation in the funding of this project, and Be It Further Resolved That this Council requests that after adoption of the 1993-94 Capital Budget, the Comptroller make funds available for the City's share by issuing either an interfund cash loan or a bond anticipation note and that such funds be deposited with the New York State Comptroller as required by the agreements. ADOPTED. No. 179 By Mr. Higgins Support for the Final Horizons Waterfront Commission Action Plan Whereas The final Horizons Waterfront Commission Action Plan was adopted by the Commission's Board of Directors on January 29, 1992, and Whereas This document represents a vision for the future of the waterfront resources of all involved local communities, and Whereas This Common Council played a key role in debating the merits of the Horizons Draft Action Plan, offering alternatives for proposed uses and ensuring inclusion of greater public access to the waterfront resources of the City of Buffalo, and Whereas The Intermunicipal Cooperation Agreement requires each party to that agreement adopt a resolution in support of the Action Plan and the principles it establishes. Now Therefore Be It Resolved That the Common Council of the City of Buffalo adopt this resolution in support of the final Horizons Waterfront Commission Action Plan, and Be It Further Resolved That this Council will continue to work with the Horizons Waterfront Commission to make the vision of the Action Plan a reality. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 180 By Mr. Pitts SALARY ORDINANCE AMENDMENT 70-0 DEPARTMENT OF STREET SANITATION The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 70-0 Department of Street Sanitation, under the subheading "011 - Collection of Refuse & Street Cleaning" which reads: 51 Laborer II Daily $75.57 - $86.18 7 Laborer 19,226 - 21,232 50 Laborer II Hourly 9.02 - 10.26 is hereby amended to read: 50 Laborer II Daily $75.57 - 86.18 6 Laborer 19,226 - 21,232 52 Laborer II Hourly 9.02 - 10.26 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. WE, BART SUMBRUM, Commissioner of Street Sanitation and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Laborer II (Daily), one (1) Laborer position and the creation of two (2) Laborer II (Hourly) positions is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of said position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. Bart Sumbrum Commissioner of Street Sanitation Thomas F. Keenan Director of the Budget APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 181 By Mr. Pitts Salary Ordinance Amendment 05 - Civil Service Commission 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 05-0 - Civil Service Commission under the subheading "001 - Administrative & Advisory" which reads: 1 Stenographic Secretary $23,049 - $26,573 is hereby amended to read: 1 Legal Stenographer $21,533 - $25,080 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Sharon Comerford, Administrative Director of the Civil Service Commission and Thomas F. Keenan, Director of the Budget, hereby certify that the creation of one (1) Legal Stenographer and the deletion of one (1) Stenographic Secretary 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 personnel requisitions 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. Sharon Comerford Administrative Director of Civil Service Commission Thomas F. Keenan Director of the Budget APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 182 By Mr. Pitts Salary Ordinance Amendment 21-0 Department of Fire 011- Fire Fighting Services The Common Council of the City of Buffalo do ordain as follows: That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 21-0 Department of Fire, under the subheading "011 - Firefighters" which reads: 660 Firefighter $25,060 - $33,878 is hereby amended to read: 676 Firefighter $25,060 - $33,878 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Paul S. Shanks, Commissioner of Fire and Thomas F. Keenan, Director of the Budget, hereby certify that the creation of sixteen (16) Firefighter positions 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 change in the above-mentioned position, containing a statement of the duties for 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. Paul S. Shanks Commissioner of Fire Thomas F. Keenan Director of the Budget APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 183 By Mr. Pitts Salary Ordinance Amendment 20-4- Department of Police Bureau of Administrative Services Temporary Services as Required The Common Council of the City of Buffalo do ordain as follows: That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-4 Department of Police under the subheading "Temporary Services as Required" is hereby amended by adding thereto: Municipal Security Officer $9.35/hour It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Richard T. Donovan, Commissioner of Police and Thomas F. Keenan, Director of the Budget, hereby certify that the creation of the part-time title Municipal Security Officer 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. Richard T. Donovan Commissioner of Police Thomas F. Keenan Director of the Budget APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 184 By Mr. Pitts SALARY ORDINANCE AMENDMENT 20-4- DEPARTMENT OF POLICE BUREAU OF ADMINISTRATIVE SERVICES TEMPORARY SERVICES AS REQUIRED 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 20-4 Department of Police under the subheading "Building and Fleet Maintenance" in the Bureau of Administrative Services is hereby amended by adding thereto: Superintendent of Fleet Maintenance $30,613 - $36,105 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, RICHARD T. DONOVAN, Commissioner of Police and THOMAS F. KEENAN, Director of the Budget, hereby certify that the creation of the title Superintendent of Fleet Maintenance 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. Richard T. Donovan Commissioner of Police Thomas F. Keenan Director of the Budget APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 185 By Mr. Pitts Clinton Crusaders Marching Unit Whereas: On Saturday, March 21, 1993 at 12:00 noon the Clinton Crusaders Marching Unit will hold its Annual Marching Band Competition, and Whereas: Literally hundreds of Marching Bands will participate in this competition. Youth of all ages from across the City will compete to be named the best, and Whereas: The Marching Band competition will be held at the Memorial Auditorium. Now Therefore Be It Resolved That: The Common Council approves the use of Memorial Auditorium by the Clinton Crusaders Matching Band Unit on Saturday, March 21, 1993 at 12:00 noon subject to stipulations established by the Stadium and Auditorium Board. PASSED. AYES - 13 NOES-0. No. 186 By Mr. Pitts, Mr. Arthur and Mr. PerIa Designation of Elia Site for the Proposed Peace Bridge Truck Inspection Facility Whereas: The Peace Bridge Authority (P.B.A.) as the lead agency, is currently considering various sites to develop a Truck Inspection Facility to relieve congestion at the bridge. The sites include Centennial Pool, Peace Bridge Storage (Elia) and most recently Fort Erie. This proposal has been developing for three years, and Whereas: The P.B.A. is reportedly conducting an Environmental Impact Study for the various sites. However, this study is being done without a "designated" prime site. This in effect means that the P.B.A. is using the E.I.S. for site selection, which is contrary to conventional planning praxis, and Whereas: Much of the recent controversy involving the P.B.A.'s actions deals with the inclusion of the Centennial Pool site as a potential site for the Inspection Station. The City of Buffalo and community are opposed to this consideration by the P.B.A. and have emphasized that the potential use of this site should not even be included in the E.I.S. because of the extreme negative impact a proposed inspection facility would obviously have upon LaSalle Park. Besides, the Centennial Pool site is dedicated parkland, and Whereas: The recent proposal to use Fort Erie Canada as a site has been greeted with opposition because it would take away any potential positive economic impact of the inspection facility out of the City of Buffalo. Besides, there are doubts as to the use of existing Federal dollars allocated for the project being used to develop an American facility in Canada, and Whereas: At a recent special hearing held by Lt. Governor Stan Lundine, designed to resolve various issues which have stalled this project, it was pointed out that in November of 1991 a letter was sent to the United States Customs Service urging them to designate the Peace Bridge Storage, (Elia) site for the inspection facility. This letter was co-signed by Mayor James Griffin, County Executive Dennis Gorski, Peace Bridge Authority Chairman Cameron Williams, the New York State Thruway Authority, State Senator Anthony Masiello, State Assemblyman Francis Pordum, Andrew Rudnick of the Greater Buffalo Development Foundation, the Buffalo Chamber of Commerce and Judith Kossy of the Western New York Economic Development Corporation. This letter represented a solid consensus for the Elia site as the prime development site, and Whereas: Also at the hearing chaired by Lt. Governor Lundine the Elias indicated their willingness to work with the City of Buffalo and the Peace Bridge Authority to still develop their site cooperatively. This means that the controversy involving the other sites can be resolved by re- designating- the Elia site as the prime development parcel. This would also allow for all concerned to conduct a meaningful Environmental Impact Study that would move this important project forward. Now Therefore Be It Resolved That: The City of Buffalo approve the Peace Bridge Storage or Elia site as the prime development site for the proposed Truck Inspection Facility. Be It Further resolved That: The City of Buffalo requests the Peace Bridge Authority and the United States Customs Service to designate the Elia site as the prime development site. ADOPTED. No. 187 By Mr. Pitts Assign Urban Cultural Park Grant to Buffalo Place Inc. Whereas The New York State Office of Parks, Recreation & Historic Preservation Urban Cultural Park Program provides financial assistance to New York State Urban Cultural Park (UCP) communities; and Whereas UCP Local Assistance Grants are available for Interpretive and promotional programs in local UCPs; and Whereas The City of Buffalo, as part of its UCP Management Plan previously approved by the Common Council, identified the Theatre District as the general location of the City's UCP; and Whereas The Common Council, on October 16, 1990, accepted a UCP Local Assistance Grant totalling $1,750 for the purpose of undertaking the 1989 Lunchertainment at Theatre Square performing arts series; and Whereas Buffalo Place Inc. has front-ended the State's share of the project cost and managed implementation of the project. Now, therefore, be it resolved by the Common Council of the City of Buffalo that: The Mayor be, and he hereby is, authorized to execute an agreement assigning the Lunchertainment Project Agreement and grant proceeds to Buffalo Place Inc.; The Comptroller and the City Treasurer be, and hereby are, directed to transfer UCP grant proceeds to Buffalo Place Inc. to pay project expenses pursuant to the Project Agreement; The Mayor be, and he hereby is, authorized to execute all documents necessary to effectuate the transfer of said grant proceeds. PASSED. AYES-13 NOES-0. No. 188 By Mr. Pitts Council Co-Sponsorship of Conference on Eliminating Pesticides in the Buffalo Schools Whereas: The Buffalo Teachers Federation (BTF) and the Western New York Council on Occupational Safety and Health (WNYCOSH) have organized a conference for May 6th titled "Eliminating Pesticides in the Buffalo Schools - A Least Toxics Approach"; and Whereas: The purpose of this conference is to aid in the implementation of the School's least toxic policy which was included as part of the Board of Education's bid specifications for pest control; and Whereas: These specifications were drafted with the aid of the city's Pest Management Board with an eye toward minimizing any potential human exposure to toxic pesticides in the schools; and Whereas: Attorney General Robert Abrams has just released a statewide survey of pesticide use in which a vast majority of schools reported that they were still using toxic pesticides; and Whereas: The Attorney General's Report called for a statewide law mandating least toxic pest control practices in the schools along with other measures to safeguard the health of students and school workers; and Whereas: The May 6th conference is aimed at a broad audience which includes administrators, school board members, teachers, parents, students, office staff, custodial staff, cafeteria staff, supervisors and pesticide applicators; and Whereas: Conference Speakers include Dr. Marion Mosely, a research scientist on pesticide issues for the United Farmworkers Union, Attorney General Robert Abrams, and William Forbes, who has successfully implemented a least toxic program in the Montgomery County, Maryland schools; and Whereas: The effective establishment of least-toxic pest control in the Buffalo Schools, which will be a major accomplishment, requires a sound educational conference as a starting point; Now therefore be it resolved, that: This Council requests to be a co-sponsor of the May 6th Conference on Pesticides in the Schools; and Be it further resolved, that: This Council commends the Schools for adopting least toxic bid specifications and urges the Board of Education and the Superintendent to insure that teachers, students and school staff have an adequate opportunity to attend this conference. ADOPTED. No. 189 By Mr. Pitts Concerns About Lead Testing Whereas: The City of Buffalo just completed a study of lead content in the water distribution system. Various homes were tested to determine whether the City met existing Federal guidelines, and Whereas: Recently the City requested residents particularly of older homes to run their water taps before using the water. This action is supposedly one way of ameliorating certain concerns, and Whereas: There is still public confusion about the City's lead testing and abatement efforts. Now Therefore Be It Resolved That: The Common Council requests the Commissioner of Public Works submit a report in response to the following questions. - In what way did the City exceed the Federal action level of 15 ppb? - What is a "90th percentile, at the tap concentration"? Does this mean the average of the worst ten percent of sites tested? - Why is there a change in the City's rating from the first round of tests to the second round? - Can the Council get a copy of a list of addresses with comparative test results from the first to second rounds? - Did the second round of tests involve any locations in the inner city that were not included in the first round? - If so, did these locations have an impact on the results? - What form will the required media advertisement take? - How will plans be formulated to implement the program elements of corrosion control treatment and source water treatment as listed in the proposed brochure? Are there any cost estimates associated with these elements yet? - The pamphlet refers to "service lines that we control". It was my impression that service lines are the responsibility of homeowners. Does the City control service lines? Are there known lead service lines under the City's control? - The pamphlet also refers to records of materials located in the water distribution system which should be kept by the public water system. Could you describe the nature of Buffalo's record system? Is it organized in a way that would allow us to locate lead within Buffalo's water system? If so, could you prepare a brief report on lead within Buffalo's water system? ADOPTED. No. 190 By Mr. Pitts SET PUBLIC HEARING: Emslie NDP Housing Project Phase II Approval of Land Disposition Agreement Gal/Van Developers, Inc. WHEREAS Gal/Van Developers, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of nine (9) residential units of new housing known as the Emslie NDP Housing Project Phase II in the Emslie Neighborhood Development Program Area; and WHEREAS Said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 19th day of March 1993. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 30th day of March 1993. ADOPTED. No. 191 By Mr. Pitts Public Hearing Curfew Ordinance WHEREAS: The Buffalo Common Council has requested the City's Law Department to draft legislation to be presented to the Common Council for consideration of a curfew ordinance for youth seventeen & under; and WHEREAS: This Curfew Ordinance supposedly would reduce the number of youth on the street with the hope of reducing unlawful street activities during the latter hours of the evening; and WHEREAS: Questions have been raised by some Councilmembers concerning the enforceability of such an ordinance and the full effect it would have on different areas of the City; and WHEREAS: Even though other cities have legislation related to curfew laws, Buffalo's current fiscal problem may prohibit the Buffalo Police Department from enforcing such an ordinance because of a manpower shortage; and WHEREAS: Youth have not had a formal opportunity to voice their opinion concerning this Curfew Legislation with the Buffalo Common Council; NOW, THEREFORE, BE IT RESOLVED: That the Common Council hold a public hearing to solicit input from those youth and community at large who would be affected by this proposed legislation; BE IT FURTHER RESOLVED: This hearing be held on Monday April 5th at 6:00 pm in the Buffalo Common Council Chamber, 13th floor City Hall. REFERRED TO THE COMMITTEE ON LEGISLATION AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, HIGGINS, LoTEMPIO, PERLA, PITTS-9. NOES- BELL, FAHEY, FRANCZYK, ZUCHLEWSKI-4. No. 192 By Mr. Pitts CANCELLATION OF GRASS CUTTING ASSESSMENT Whereas: The owner of 159 Archie Street was assessed fifty dollars for grass cutting by the City of Buffalo. This was done during the summer of 1992, and Whereas: The property owner has had the lot fenced in for four years, which makes it inaccessible. The owner maintains the lot himself, and Whereas: The City obviously was mistaken in charging for grass cutting services. Now Therefore Be It Resolved That: The Common Council approves the cancellation of grass cutting charges at 159 Archie Street. Further Be It Resolved That: The Common Council request the Commissioner of Assessment to remove the charge from the assessment roll. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE COMMISSIONER OF STREET SANITATION. No. 193 By: Mr. Zuchlewski State Aid to Education Whereas: During the past 16 years, aid to education has seen a dramatic decrease in the percentage of city property tax dollars that are dedicated to education, and Whereas: While State Aid to education has increased by over 309% to a total of $239 million, the city has only increased aid by $11.2 million or 32% during this time period, and Whereas: In fiscal year 85-86 the percentage of property tax revenue peaked at 65% and reached a low last year at 38.6% which down 10% in just three years, and Whereas: These figures show that as State Aid increased, the city's commitment to education has remained constant and in some years, has even decreased, and Whereas: Last week, Board of Education Members, administrators and parents were in Albany lobbying for increased aid for education where State Legislators showed a reluctance to increase educational aid to Buffalo fearing the city would reduce its aid in order to balance the city budget, and Whereas: This Common Council should do everything in its power to ensure a stable aid policy for the Board of Education, Now, Therefore, Be It Resolved, That this Common Council officially go on record agreeing we will provide AT LEAST the same amount of property tax revenue to the Board of Education as was allocated last year, and Be It Further Resolved, That this Common Council will not reduce our property tax revenue dedicated to the Board of Education if they receive an increase in State Aid. ADOPTED. No. 194 By Mr. Zuchlewski Increase Team Permits for Diamonds and Fields Whereas: According to C.C.P. #51 of May 12, 1992, the City of Buffalo spends approximately $150,000 to provide facilities for adult softball and baseball teams and leagues, and Whereas: In the 1992-93 budget a $50 fee, which will raise an estimated $45,000, was imposed upon these teams in order to recover some of the expense incurred in providing these facilities, and Whereas: Even if we accept the conservative cost estimate of $150,000 which does not include depreciation, overtime, cost of repairs to machinery, etc., we are still subsidizing adult baseball and softball teams with $105,000 of property tax revenue, and Whereas: If the fee for residents were tripled to $150 and fee for non-resident teams was raised to an even higher level, the city would not be subsidizing this function at all and may even be able to provide better service, and Whereas: It is our intention to maintain the exemption for Grammar Schools, High Schools and Little Leagues, Now, Therefore, Be It Resolved: That this Common Council request a report from the Commissioner of Parks and the Commissioner of Administration and Finance on a more accurate accounting of actual expenses incurred in providing diamonds and fields for adult recreation teams and leagues and a fee schedule to recover our costs for providing this service and the improvement of the service. ADOPTED. No. 195 By Mr. Zuchlewski Abandon Summer Hours Whereas: City employees unions have negotiated various benefits over the years, including the right of "Summer Hours" which allows employees to leave work 1/2 hour earlier from July 1 until Labor Day, and Whereas: As unions won these benefits they were extended as a matter of policy to exempt employees and Council Staff, and Whereas: The Buffalo Financial Planning Commission has recommended the negotiated end to "Summer Hours" in order to increase worker productivity, and Whereas: It would be unreasonable to expect employee unions to give up a negotiated benefit that we are unwilling to give up ourselves, and Whereas: One manner in which to show leadership is to lead by example, Now, Therefore, Be It Resolved: That this Common Council establish a policy of abandoning "Summer Hours" for employees of our staff, Council Staff, the City Clerk, Deputy City Clerk. Be It Further Resolved: That this Common Council urge the Mayor to establish a similar policy for his exempt employees. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 196 By Mr. Zuchlewski Health Benefits of Council Staff and Exempt Employees Whereas: The Buffalo Financial Planning Commission has recommended that the city negotiate a change in its union agreements to offer the least expensive comparable health insurance to its employees, and Whereas: It is estimated that the city could save $2.2 million if this policy were to be successfully negotiated with the employee unions, and Whereas: This recommendation would not reduce benefits but only require employees to contribute to plans that cost in excess of the basic level, and Whereas: City unions cannot be reasonably expected to give up a benefit that elected officials and their employees are not willing to sacrifice themselves, and Whereas: One manner in which to show leadership is to lead by example, Now, Therefore Be It Resolved: That the Common Council request the Commissioner of Administration and Finance and the Corporation Counsel to file a report with this Honorable Body by 2:00 pm on March 25, 1993 as to the manner in which this Body can offer to its employees of our staff, Council Staff, the City Clerk and Deputy City Clerk the least expensive health insurance the city currently offers and require employee contributions for any plan other than the least expensive, and Be It Further Resolved: That this Common Council urge the Mayor to establish a similar policy for his exempt employees. REFERRED TO THE COMMITTEE OF THE WHOLE No. 197 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 sane with the City Clerk: Roxann Lederhouse Charles C. Rooney TOTAL: 2 ADOPTED. No. 198 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: Earl S. Cole James P. Keane John J. Dray Louis J. Gallo Marc Flynn Dean A. Messing Ronald Gospodarski Arthur J. Domino Diana Johnstone Robert A. Koch Judith C. Lips Anna M. Rundle Mary Strauss Total: 13 ADOPTED. No. 199 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 23, 1993 9:30 AM Finance Tuesday, Mar 23, 1993 Immediately Following Civil Service Legislation Tuesday, Mar 23, 1993 2:00 PM Econ Develop. Wednesday, Mar 23, 1993, 10:00 AM Ancillary Committees Block Grant Work Session Wed. Mar 17, 1993, 8:30 AM Room 1417 No. 200 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Coppola the Council adjourned at 4:10 P.M. CHARLES L. MICHAUX, III CITY CLERK MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.