Loading...
HomeMy WebLinkAbout93-0330 1No. 7 Common Council Proceedings of the City of Buffalo Regular Meeting, March 30, 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 30, 1993 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Amos, Bell, Collins, Coppola, Fahey, Franczyk, LoTempio, Perla, Pitts, and Zuchlewski- 11. ABSENT- Bakos, Higgins- 2. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held on March 16, 1993, and the Special Session held on March 22, 1993 were approved. No. 1 Mr. Higgins took his seat in the chambers at 2:13 P.M. He missed the Public Hearings on Items 154 and 155 from the Economic Development Committee. FROM THE MAYOR No. 2 Appointment of member of Committee for the Aging Pursuant to the powers vested in me by Section 285.27 of Article 14A of the Charter of the City of Buffalo, I hereby appoint Benny Gennaci residing at 237 Winston Road, Buffalo -14216, as a member of the Committee for the Aging effective April 17, 1993 for a term expiring April 16, 1997. I hereby certify that Benny Gennaci is fully qualified for appointment to the Committee for the Aging. RECEIVED AND FILED. No. 3 Appointment of member of Committee for Youth Pursuant to the powers vested in me by Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby appoint Reverend William Cobb, residing at 136 Bennett Village Terrace, Buffalo - 14214, as a member of the Committee for Youth effective March 24, 1993 for a term expiring on February 27, 1996. Reverend Cobb will succeed Mark Skierczynski. I hereby certify that Reverend William Cobb is fully qualified to serve as a member of the Committee for Youth. RECEIVED AND FILED. No. 4 Appointment of members of Committee of Substance Abuse Services Pursuant to the powers vested in me by Section 285.27 of Article 14A of the Charter of the City of Buffalo, I hereby appoint the below listed persons as members of the Committee of Substance Abuse Services, effective March 23, 1993 for terms expiring March 3, 1997: Linda Flowers 14 Park Street Buffalo, 14201 Gil Licata 71 Rebecca Park Buffalo, 14207 Herminio Otiz 174 West Avenue Buffalo, 14201 Michael Williams 65 Monroe Avenue Buffalo, 14206 I hereby certify that the above listed persons are fully qualified for appointment to the Committee of Substance Abuse Services. RECEIVED AND FILED. No. 5 Reappointment of members of Committee of Substance Abuse Services Pursuant to the powers vested in me by Section 285.27 of Article 14A of the Charter of the City of Buffalo, I hereby reappoint the below listed persons as members of the Committee of Substance Abuse Services for terms expiring March 3, 1997: Barbara Chmielewski 35 Titus Avenue Buffalo, 14212 Nicholas Mogavero 152 Wellington Road Buffalo, 14216 Paschell Petty 390 Sweet Avenue Buffalo, 14211 Sheila Richardson 81 Parkridge Avenue Buffalo, 14215 Mark Skierczynski 474 South Ogden Buffalo, 14206 Dennis Walczyk 146 Winston Road Buffalo, 14216 Murlidhar S. Yadov, M.D. 755 St. Lawrence Ave. Buffalo, 14216 I hereby certify that the above listed persons are fully qualified for reappointment to the Committee of Substance Abuse Services. RECEIVED AND FILED. No. 6 Reappointment of members of Committee for People with Handicapping Conditions Pursuant to the powers vested in me by Section 91 of Article VI of the Charter of the City of Buffalo, as amended, I hereby reappoint the below listed persons as members of the Committee for People with Handicapping Conditions for terms expiring March 3, 1996. Jean McNamara 45 Grove land Buffalo, 14214 Dominic MarineIIi 33 Leocrest Court West Seneca, 14224 James Lagona 82 Saranac Buffalo, 14216 Virginia Williams 85 Thatcher Street Buffalo, 14215 Tracy Sawicki 83 Laird Buffalo, 14207 Michael Orzel 862 Robin Road Apartment B Williamsville, 14228 I hereby certify that the above listed persons are fully qualified for reappointment to the Committee for People with Handicapping Conditions. RECEIVED AND FILED. No. 7 Reappointment of member of Committee for Youth Pursuant to the powers vested in me by Section 285-27 of the Charter of the City of Buffalo, as amended, I hereby reappoint Kevin M. Saviola, residing at 731 West Ferry - Apt. 1H, Buffalo - 14222, as a member of the Committee for Youth for a term expiring April 26, 1997. I hereby certify that Kevin M. Saviola is fully qualified for reappointment to the Committee for Youth. RECEIVED AND FILED. No. 8 Reappointment of member of Board of Parking Pursuant to the powers vested in me by Section 109R of the Charter of the City of Buffalo, I hereby reappoint, subject to confirmation by Your Honorable Body, Timothy F. McGrath, residing at 19 Chapin Parkway, Buffalo - 14209, as a member of the Board of Parking for a term expiring March 31, 2000. I hereby certify that Timothy E. McGrath is fully qualified for reappointment to the Board of Parking. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 9 B. Burke - Request to place an encroaching awning on the Franklin Street side of 51 Court Street Item No. 22, C.C.P., March 2, 1993 The City Planning Board at its regular meeting held Tuesday, March 23, 1993, considered the above request pursuant to Section 413-56 of the Buffalo Code, Review of encroachments. The applicant seeks to erect an awning which will measure 12 feet in length, 4 feet in height and will project 4 feet into the right-of-way of Franklin Street (northwest corner of Court Street). The sidewalk width where the awning will be placed is 10 feet. No public appurtenances will be affected by the proposed awning. The Department of Public Works has recommended that your Honorable Body grant a mere license for the encroachment. Under S.E.Q.R., the matter is considered a Type Il action which does not require further environmental review. The Planning Board voted to approve the proposed encroachment. RECEIVED AND FILED. No. 10 Sisters of Charity - Request to place a ground sign at 2157 Main Street Item No. 110, C.C.P., March 16, 1993 The City Planning Board at its regular meeting held Tuesday, March 23, 1993 considered the above request pursuant to Sections 387-19 and 511-79.6, D, 2 of the Buffalo Code, Review of Ground Signs and the provisions of the Transit Station zone. The applicant seeks to place two accessory illuminated ground signs. The signs will measure 5 feet by 15 feet high (48 square feet) and 8 feet by 8 feet high (64 square feet). They will be located at the northeast corner of Humboldt Parkway and Main Street and at the northwest corner of Humboldt Parkway and Kensington Avenue. The proposed signs are located in the T.S. (Transit Station) zone which does not permit ground signs. Consequently the applicant has sought relief from this provision from the Zoning Board of Appeals. Under S.E.Q.R., the proposed signs are considered Type Il actions which do not require further environmental review. The Planning Board voted "no objection" to the signs as presented. RECEIVED AND FILED. No. 11 The Bella Vista Group Inc. - Request to place a pole sign at 2231 Niagara St. Item No. 111, C.C.P., March 16, 1993 The City Planning Board at its regular meeting held Tuesday, March 23, 1993, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an addition to an existing pole sign. The existing sign face measures 5 feet by 15 feet or 75 square feet and the new sign face will measure 2 feet by 12 feet or 24 square feet. The overall height of the sign will be 19 feet. The site is located in an M1 zone which permits such signage. Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the sign as presented. RECEIVED AND FILED. No. 12 Herwood Properties - Request to erect a pole sign at 1833 Hertel Ave. Item No. 112, C.C.P., March 16, 1993 The City Planning Board at its regular meeting held Tuesday, March 23, 1993 considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant wishes to erect a 22 foot high illuminated, accessory, pole sign with a sign face measuring 10 feet by 6 1/2 feet or 65 square feet. The site is located in an M1 zone which permits pole signs of this size. Under S.E.Q.R., the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign as presented. RECEIVED AND FILED. No. 13 Delaware Towers Assoc. - Request to erect a ground sign at 1088 Delaware Ave. Item No. 109, C.C.P., March 16, 1993 The City Planning Board at its regular meeting held Tuesday, March 23, 1993, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to place a non illuminated ground sign measuring 4 feet by 5 feet or 20 square feet in area. The sign will be 5 feet in overall height. The site is located in an R4 zone which does not permit such signs. Consequently, the applicant should seek relief from the Zoning Board of Appeals for the proposed sign. The sign is also located in the Linwood Historic District and has been approved by the Buffalo Preservation Board at their meeting of January 11, 1993. The Preservation Board considers the matter to be a Type II action which does not require environmental review. The Planning Board voted "no objection" to the proposed sign as presented. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF PARKING No. 14 Amendment to Consolidated Lease Agreement between the City of Buffalo and Buffalo Civic Auto Ramps, Inc. The July 1, 1989 Consolidated Lease Agreement between the City of Buffalo and Buffalo Civic Auto Ramps Inc. (B.C.A.R.) requires that B.C.A.R. pay all operating expenses, debt service (see attached) and additional rental to the City General Fund as follows: June 30, 1990 $150,000 June 30, 1991-1994 $350,000 In addition to this $350,000 payment, the Parking Enterprise Fund pays all operating expenses of the Division of Parking (beginning with this year's 1992-1993 budget this includes 1/2 time secretarial service to the Zoning Board of Appeals.) 1990-1991 $272,547 1991-1992 $215,960 1992-1993 $155,230 1993-1994 $136,316 (proposed) Also, in 1992-1993 a $100,000 payment was made to the General fund from the operation of the Gates Circle and Buffalo General ramps. Therefore, in 1992-1993 the Parking Enterprise Fund paid a total of $450,000 to the City's General Fund and all operating expenses of the Division of Parking ($155,250). There were no City of Buffalo funds provided. During this same time period B.C.A.R., reported operating losses as follows: 1990-1991 $659,288 1991-1992 $468,211 1992-1993 $564,000 1993-1994 $568,000 The proposed Crossroads Arena project will displace a 600 car surface lot operated by Buffalo Civic Auto Ramps that contributed $250,000 annually to the parking program. This loss makes the financial picture even bleaker. In order to meet these shortfalls, monies have been transferred from established maintenance reserves of the downtown ramp to meet debt service. The drain on this maintenance account since 1987 has been $6,500,000. The current balance in the maintenance reserve is $1,400,000 and it is anticipate to be totally depleted by 1994-1995. The total assessed value on the six facilities is in excess of $37,000,000. The fact that there will be no capital maintenance reserve fund on this real estate is not prudent. Over the past three years the Board of Parking has been increasing the cost of parking at the two area hospitals parking ramps - Gates Circle and Buffalo General. This parking was under valued and the market could absorb the increase. Over the past five years we have been able to complete over $2,000,000 In repairs, fund a $382,000 debt service reserve and by June 1993 a $1,000,000 maintenance reserve. At this time the Board of Parking and the Directors of Buffalo Civic Auto Ramps, Inc. would recommend the suspension of B.C.A.R.'s 1993-1994 $350,000 payment to the City's General Fund. In its place, so that it is a revenue neutral proposal, we recommend this $350,000 payment to the General Fund come from the operation of the Gates Circle and Buffalo General Ramps. This program has the approval of the Mayor, Budget Director and the City Accountant. The Buffalo Financial Review Commission suggested the suspension of the $550,000 payment in its draft report, which did not make the final report. At this time the Board of Parking would recommend to your Honorable Body that you authorize the Mayor to execute an amendment to the Consolidated Lease Agreement suspending the $350,000 payment in 1993-1994. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 INFO - Skyway-Thruway Loop Bids Item No. 6 C.C.P. 3/6/93 Attached please find the information you requested: - List of all individual/firms who receive R.F.P. - Only one bid received - Copy legal notice from February 16, 1993 I trust this satisfies your concerns. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 16 Expenses For Free Use Of Memorial Auditorium In reply to the question raised concerning the cost to city of Buffalo/Memorial Auditorium when free use of the Auditorium is granted by your Honorable Body, cost vary for each event depending upon set up requirements, anticipated attendance and demand on electrical power usage. Listed below are projected costs for the facility for the Skating Association For The Blind & Handicapped presentations: Set up 12 Seasonal Laborers at $5.98 hr. for 8 hrs. each $575.00 2 Civil Service Laborers for 8 hrs. each $733.00 Event Staff 1 Superintendent $117.00 2 Seasonal Laborers at $5.98 hr. for 8 hrs. each 95.00 1 Zamboni Driver (Civil Service) for 8 hrs. 82.00 $294.00 Tear down 12 Seasonal Laborers at $5.98 hr. for 8 hrs. each $575.00 2 Civil Service Laborers for 8 hrs. each 158.00 $733.00 Cleaning Staff* 22 Seasonal Laborers at $5.98 hr. for 8 hrs. ea $1,050.00 Power Requirements $50.00 per hour for 5 hrs. Set up $ 733.00 Event Staff 294.00 Tear down 733.00 Cleaning Staff 1,050.00 Power requirements 250.00 TOTAL $3,060.00 *Based on anticipated attendance of 8,000 - 10,000 RECEIVED AND FILED. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 17 Support Composting Project The Environmental Management Commission wishes to commend Councilmember Zuchlewski and the Department of Public Works for their work on the pilot back yard composting project. This ground breaking effort should prepare the way for a wider program which will keep the City in compliance with State regulations, save tax dollars, provide useful horticultural material, and demonstrate the value of well-planned, less expensive cooperative approaches to environmental problems. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 18 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 $3,555.00 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, March 24, 1993 RECEIVED AND FILED. No. 19 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 $4,125.00 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, March 24, 1993 RECEIVED AND FILED. No. 20 Certificate of Necessity Appropriation Allotments General Fund - City Revenue Various Departments Miscellaneous Charges, Fringe Benefits 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 $6,131,638 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Various Departments, Miscellaneous Charges and Fringe Benefits to meet contingencies which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase in the General Fund City Revenue Account 100-810-402-70028 - Sale of City Water System not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, New York, March 22,1993 RECEIVED AND FILED. No. 21 Interfund Cash Loans Over the last six years the city has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today we have four requests for money to finance various projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loans from the General Fund to the Capital Project Fund in the amount of $350,000 for the reconstruction of the South District Police Station and $250,000 for planning a new sports arena; and from the General Fund to the Board of Education Capital Projects Fund in the amounts of $600,000 for Window Replacement at Hutch Tech and $200,000 for improvements to Kensington High School. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-402-009 BAN/Bond Sale $350,000 100 Gen 200 Cap Proj 200-717-018 BAN/ Bond Sale $250,000 100 Gen 299 Cap Proj 299-970-088 BAN/Bond Sale $600,000 100 Gen 299 Cap Proj 299-970-089 BAN/Bond Sale $200,000 Mr. Fahey moved: That the communication from the Comptroller, dated March 17, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to make an interfund cash loans from the General Fund to the Capital Projects Fund in the amounts of $350,000 for the reconstruction of the South District Police Station and $250,000 for planning a new sports arena; and from the General Fund to the Board of Education Capital Projects Fund in the amounts of $600,000 for Window Replacement at Hutch Tech and $200,000 for improvements to Kensington High School. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 12 NOES- 0. No. 22 Interfund Cash Loan Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have two requests for money to finance various projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loans from the General Fund to the Capital Projects Fund in the amount of $2,375,000 for the reconstruction of various streets, bridges and viaducts and $100,000 for the installation of traffic signals on Main Street. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-401-009 BAN/Bond Sale $2,375,000 100 Gen 200 Cap Proj 200-401-005 BAN/Bond Sale $100,000 Mr. Fahey moved: That the communication from the Comptroller, dated March 29, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to make interfund cash loans from the General Fund to the Capital Projects Fund in the amounts of $2,375,000 for the reconstruction of various streets, bridges and viaducts and $100,000 for the installation of traffic signals on Main Street. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 12 NOES- 0. No. 23 Response - D. Starr - Sell Property to City 17 & 66 Amelia Item No. 71, C.C.P. 3/16/93 The above item was referred to this office and the Committee on Fiance for a response. The item is a letter from Mr. Dennis Starr, 7005, Versailles Plank Road, North Evans, New York 14112. Mr. Starr is part owner of two vacant lots, 17 and 66 Amelia St. These two lots are located on the portion of Amelia Street that is a paper Street between Germania and Abby Street. (Attached is a Sanborn map of the area.) In his letter, Mr. Starr raises several issues that I will address. The first issue is that his property has become landlocked. The Common Council approved to abandon a portion of Amelia Street # 122 C.C.P. 11/12/91, where Amelia Street meets New Abby Street. The purpose of the abandonment was not to close Amelia Street at New Abby but to straighten the approach to New Abby from Amelia as shown on the attached map. B.U.R.A. is negotiating to purchase a small portion to complete the straightening of Amelia. Further, Mr. Starr still has access to his property from Germania Street and therefore, is not landlocked. The second issue is the removal of the utility lines. This office is not aware that the utilities have been removed from Amelia St. Item # 122 above stated that "the closing of the portion of Amelia Street will not become final until permanent easements are provided for all underground utilities presently under the parcel in question." The Common Council should inquire to the Department of Public Works and B.U.R.A, as to whether or not the easements were obtained The final issue raised by Mr. Starr is the purchase of his two lots by the City for the $4,000 that he is now offering to sell them for. The Buffalo Urban Renewal Agency has been acquiring parcels in that area for new housing, not the City's Division of Real Estate. I can only assume that B.U.R.A. would be interested in purchasing these lots only if the street and infrastructure were in place to accommodate new housing. REFERRED TO THE COMMITTEE ON FINANCE. No. 24 Status Report on Animal Shelter Item No. 171, C.C.P. 3/16/93 The above item was referred by Your Honorable Body to this Off ice for a response. The item is a resolution requesting a status report from various departments on the current status and plans to convert 380 North Oak Street into a new animal shelter. Your Honorable Body approved the purchase of the property and sale of $405,000 bonds to finance the purchase, Item # 251, C.C.P. 10/16/90. The purchase price of the property was $325,000. The closing and transfer of title took place at the Erie County Clerk's Office on 5/29/1991 and recorded in Liber 10291 Page 557. The property is currently under the jurisdiction of the Department of Streets and Sanitation. Additional funds were approved by the Common Council in the amount of $150,000, to finance the cost of the reconstruction of the animal shelter, Item # 162, C.C.P. 9/1/92. Reconstruction was to commence in the Spring of 1993. In November of 1992 the City received a request from Ms. Ellen Ott, R & G Wholesale to lease the property month to month until reconstruction of the building began. That offer and terms of the offer were submitted by this office to the Common Council, Item # 19, C.C.P. 11/24/92. The offer was voted on by Your Honorable Body and the offer was rejected at the December 8, 1992 Council meeting by a vote of 6 to 6. Any additional information regarding the reconstruction should come from the Commissioner of Public Works, since that department has been involved with the planned reconstruction. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Buffalo Urban Renewal Agency Payroll Policy Currently, the Buffalo Urban Renewal Agency (BURA) contracts its employee payroll procedures to and outside agent entitled Automated Data Processing, Inc. (ADP). ADP services the 70 to 90 employees of BURA at a rate of approximately $4.00 per check, or nearly $10,000 per year. Since this office did provide payroll service to BURA several years ago, it would be a rather simple procedure to provide this service to BURA in the future at no extra cost to the City. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE PRESIDENT OF THE COUNCIL No. 26 Appointments to the Special Committee on Education Pursuant to Section 26 of the Charter of the City of Buffalo, I hereby make the following appointments to the Special Committee on Education: North District Councilmember Zuchlewski as Chairman, Councilmembers Amos, Higgins, LoTempio, and Perla. Two other members representing the Buffalo Board of Education and one member representing the Buffalo Teachers Federation will be appointed at a later date. Mr. Fahey moved that the appointments be received and filed and the appointment of the chairman is approved. ADOPTED. FROM THE COMMISSIONER OF ASSESSMENT No. 27 P. Holmwood - Forgive Int. on Taxes 27 Harbour Point Item No. 101, C.C.P. 03-16-93 Paul C. Holmwood, owner of 27 Harbour Point states he did not receive a 1992-93 City Tax Bill after purchasing this property on May 21, 1992 and requests Your Honorable Body to waive the interest after receiving a delinquent tax notice in February 1993. At the time of closing on May 21, 1992 for the property at 27 Harbour Point, Mr. Holmwood claims that he made phone calls to this department requesting his 1992-93 City Tax Bill. He further states that he was told that he would receive the tax bills at the proper time. This department receives many requests, like Mr. Holmwood's, over the phone for tax bills. It is this department's policy to record such requests in writing and make the necessary changes to our computerized tax bill mailing list. We have no such request on file in this department from Mr. Holmwood. It is also this department's policy to tell property owners who request tax bills over the phone or in person that in the event the tax bill does not arrive, it is their responsibility to notify this department again to avoid late payment penalties. Mr. Holmwood correctly states in his letter that the Real Property Tax Law (R.P.T.L.) Section 922 mandates the collecting officer to mail tax bills to the owner. However, Mr. Holmwood conveniently omits the rest of R.P.T.L. Section 922 that states that the failure to mail any such statement (tax bill), or the failure of any such owner to receive the same, shall not in any way affect the validity of the taxes or interest prescribed by law with respect thereto. Therefore, even if Mr. Holmwood did not receive his tax bill on or about July 1, 1992 as he so states in his letter, it was his responsibility to secure a tax bill and pay the tax bill by July 31, 1992 as it states in the R.P.T.L. Section 922. Therefore, based upon a past opinion of the Law Department that states the forgiveness of interest on City and Sewer Tax Bills is unlawful, and based upon the information I have provided to Your Honorable Body, I recommend that Mr. Holmwood's request for the forgiveness of interest be denied. REFERRED TO THE COMMITTEE ON FINANCE. No. 28 Cancel Grass Cutting Charge 159 Archie Item No. 192, C.C.P. 03-16-93 The owner of a vacant lot located at 159 Archie Street states that in the summer of 1992 he was charged fifty dollars for grass cutting done by the City of Buffalo Department of Street Sanitation. The owner further states that he maintains the lot and that the lot has been fenced in for four years. As of this date, the Department of Assessment has no record of a grass cutting charge in 1992 for the aforementioned lot and has not received any notification from the Common Council to prepare a Local Assessment Roll for the 1992 grass cutting season. However, according to the Department of Assessment records, there are grass cutting charges for 159 Archie included on the 1990 Local Assessment Roll, Item No. 143, C.C.P. November 27, 1990 and the 1991 Local Assessment Roll, Item No. 127, C.C.P. March 3, 1992. Therefore, I recommend that you refer this matter to the Department of Street Sanitation to determine if, in fact, City Sanitation personnel had cut the grass on this lot during the years of 1990, 1991 and 1992. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 29 Monthly Report of Licenses issued February 1993. I am respectfully submitting the enclosed report of licenses issued in the month of February 1993 by the Division of License. RECEIVED AND FILED. No. 30 Notification Serial # 8280 NTOR - Niagara St. @ W. Ferry St. -Repeal No Turns on Red - 7 a.m. - 6 p.m. Monday thru Friday - Repeal In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision l of Section 38 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing thereto the following: Turns Prohibited Facing Steady Red Signal Vehicles on at Intersection of Niagara Street West Ferry Street travelling northbound, southbound, eastbound and westbound Notification Serial # 8281 NTOR - Niagara Street @ Ferry Street No Turns on Red In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision 1 of Section 38 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Turns Prohibited Facing Steady Red Signal Vehicles on at Intersection of Niagara Street West Ferry Street travelling northbound and southbound Notification Serial # 8282 NTOR - W. Ferry St. @ Niagara St. No Turns on Red In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision l of Section 38 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Turns Prohibited Facing Steady Red Signal Vehicles on at Intersection of West Ferry Street Niagara Street travelling eastbound and westbound Notification Serial # 8283 Traffic Control Signal - Walden @ Bakos Blvd. Traffic Control Signal In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by Adding thereto the following: Traffic Control Signal Intersection of Walden Avenues at Bakos Boulevard Notification Serial # 8284 Repeal No Standing W. Ferry - Penn Central to Niagara St. No Standing - Repeal In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by Repealing thereto the following: No Standing Public Highway Prohibited Portion of Highway West Ferry Street from the Penn-Central viaduct south side to Niagara Street RECEIVED AND FILED. No. 31 Permission to Engage Consultant Plans and Specifications Centralized Maintenance Garage I respectfully request Your Honorable Body's permission to engage an Architectural Consultant to prepare plans and specifications, advertise and receive sealed proposals for the proposed Centralized Maintenance Garage (former Truscon Building). Funds for this project are available in Capital Project Fund 200-401-090. REFERRED TO THE COMMITTEE ON FINANCE. No. 32 Report of Bids New 12 Inch Watermain Connections Broadway/Central/So. Ogden Streets As authorized by your Honorable Body in Item No. 39 of October 1, 1991 plans and specifications were prepared and sealed proposals accepted for New 12 Inch Watermain Connections at Broadway/Central Avenue/South Ogden Street. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Wednesday, March 3, 1993: Kandey Company, Inc. 19 Ransier Drive West Seneca, New cork 14224 $64,600.16 D.A. Ella Construction Corp. 176 Vulcan Street Buffalo, New cork $77,820.00 Mar-Wal Construction Company, Inc. 440 could Avenue Depew, New York $119,000.00 Accadia Enterprises, Inc. 4430 Walden Avenue Lancaster, New York 14086 $184,200.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Kandey Company, Inc. is the lowest responsible bidder for New 12 Inch Watermain Connections at Broadway/Central/So. Ogden Streets with their bid of $64,600.16. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Kandey Company, Inc. for the above work in the amount of $64,600.16 and same be charged to the Division of Water's 416 Capital Project Fund, 020 Account. The Engineer's estimate for this work was $ 75,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 17, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for New 12 Inch Watermain Connections at Broadway/Central Avenue/South Ogden Street to Kandey Company, Inc., 19 Ransier Drive, West Seneca, New York, the lowest responsible bidder in the amount of $64,600.16, with said cost to be charged against the Division of Water's 416 Capital Project Fund 020 Account. PASSED. AYES- 12 NOES- 0. No. 33 Report of Bids Waterline Replacement Various Streets Division of Water As authorized by your Honorable Body in Item No. 48 of July 25, 1989 plans and specifications were prepared and sealed proposals accepted for Waterline Replacement on Various Streets (Norman Street between Seneca Street and Pritchard Street; Hydraulic Street between Seneca Street and Carroll Street; Carroll Street between Hydraulic Street and east past Griffin Street; Griffin Street beginning at Exchange Street and extending north to Seneca Street; Seymour Street beginning at Swan Street and ending at Lord Street; Hagerman Street beginning at Swan Street and extending north to Seymour Street; Intersection of Swan Street and Jefferson Avenue; Swan Street beginning at Seymour Street and extending east to Seneca Street; Houghton Street beginning at Memorial Drive and extending north to Broadway and Edison Street on the bridge over the Kensington Expressway). I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Wednesday, January 20, 1993: Accadia Enterprise, Inc. 4430 Walden Avenue Lancaster, New York 14086 $739,453.05 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $978,531.00 M. Passucci, Inc. 4085 Walden Avenue Buffalo, New York $1,074,770.00 Frontier Asphalt 206 Seneca Mall West Seneca, New York $1,091,787.50 Nichter Utility Construction Company, Inc. 344 Vulcan Street Buffalo, New York 14207 $1,118,545.25 E & R General Construction, Inc. 38 St. David's Drive West Seneca, New York 14224 $1,146,360.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Accadia Enterprises is the lowest responsible bidder for Waterline Replacement on Various Streets with their bid of $ 739,453.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Accadia Enterprises for the above work in the amount of $ 739,453.00 and same be charged to the Division of Water's 416 Capital Project Fund, 015 Account. The Engineer's estimate for this work was $1,340,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 15, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Waterline Replacement Various Streets to Accadia Enterprise, Inc., 4430 Walden Avenue, Lancaster, New York, the lowest responsible bidder in the amount of $739,453.05, with said cost to be charged against the Division of Water's 416 Capital Project Fund 015 Account. PASSED. AYES- 12 NOES- 0. No. 34 Report of Bids - Repair to City Sidewalks 1993-1994 Item No. 33, C.C.P. 01/19/93 This is to advise Your Honorable Body that I have advertised and received bids on March 10, 1993 for Repair to City Sidewalks - 1993-1994. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: 1. Cemulini-Pecoraro Const. $400,910.00 (low) 2. Campobello Const. Co. $402,927.50 3. ABC Tree Service Inc. $423,279.00 4. Destro Brothers $435,704.00 5. Master's Edge, Inc. $470,775.00 6. ABP Concrete $471,725.00 7. Broad Spectrum Conc. $567,318.50 I hereby certify that the lowest responsible bidder for the above project is Cemulini-Pecoraro Const. with their bid of $400,910.00 the cost thereof to be charged to account #200-401-507-00-000 in an amount not to exceed $500,000.00. The engineers estimate for this work is $500,000.00. The attached is certified to be a true and correct statement of the two 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 24, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Attached herewith is a tentative list of streets that have been selected for sidewalk replacement work during the 1993-1994 construction season. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 11, 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 Sidewalks 1993-1994 to Cemulini-Pecoraro Const., the lowest responsible bidder in the amount of $409,910.00, with said cost to be charged against #200-401-507-00-000. PASSED. AYES- 12 NOES- 0. No. 35 Report of Bids - Resurfacing of City Owned Street Facilities - 1993 Item No. 33 C.C.P. 01-19-93 This is to advise your Honorable Body that I have advertised and received bids on Wednesdays March 10. 1993 for Resurfacing of City Owned Street Facilities - 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: Thomann & Loewer Paving & Site Contractors $41,265.00 Destro & Brothers Concrete Co., Inc. $44,552.00 Sunshine Concrete Co., Inc. $53,540.00 I hereby certify that the lowest responsible bidder for the above project is Thomann & Loewer Paving & Site Contractors. 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 $41,265.00, plus approved unit prices not to exceed an additional amount of $15,000.00. 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 26, 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 17, 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 Owned Street Facilities - 1993 to Thomann & Loewere Paving & Site Contractors, the lowest responsible bidder in the amount of $41,265.00, with said cost to be charged against Capital Projects Fund #200-401-507-00-000. PASSED. AYES- 12 NOES- 0. No. 36 Change in Contract Old First Ward Community Center Republic & Tennessee Streets I herewith submit to Your Honorable Body the following change in contract for the Electrical Reconstruction of Old First Ward Community Center, CIR Electrical Const. C-91610200: 1. Furnish and install two (2) self-illuminating 10 year exit lights in headstart room. Add $507.00 2. Furnish and install one (1) smoke detector in headstart room. Add $526.00 These changes are necessary for state licensing of the headstart area. The foregoing change results in a net increase in the contract of One Thousand thirty-three and 00/100 Dollars ($1,033.00) Summary Original Amount of Contract $87,900.00 Change Order No. 1 CCP 49 7-21-92 Add 6,100.00 Change Order No. 2 CCP 26 11-10-92 Add 943.00 Change Order No. 3 CCP 23 2-2-93 Add 1,926.00 Amount of this change (No. 4) Add 1,033.00 Revised Amount of Contract $97,902.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-024 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated March 10, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 4 to CIR Electrical Const. C-91610200, a net increase in the amount of $1,033.00, as more fully described in the above communication, for additional work relating to the Electrical Reconstruction of Old First Ward Community Center. Funds for this contract are available in B/F 200-402-024. PASSED. AYES- 12 NOES- 0. No. 37 Emergency Repair Water Service Broadway Market Management From 2/28/93 thru 3/2/93 Joseph Carino Plumbing & Heating, Inc., 419 Auburn Avenue, Buffalo, NY 14213, was called upon to perform emergency repairs to a 4" water service leak at the Broadway Market. I hereby certify that this work was performed in a satisfactory manner and that the cost of said repairs, $6,891.00, are fair and equitable. Funds are available for this purpose in the Division of Buildings. RECEIVED AND FILED. No. 38 Forgive Water Bill 25 Merrimac C.C.P. 147, March 16, 1993 The Division of Water on March 3, 1993 made an adjustment in the amount of $217.72 to the water bill at 25 Merrimac Street due to the property being vacant since December 27, 1990. Niagara Mohawk informed the Division of Water that they removed the electric meter at this property on December 27, 1990. The $358.44 owing is for water used prior to the December 27, 1990 date. The Division of Water has therefore adjusted the water bill as much as possible. Please note that in checking with the Assessor's Office we find that the name of James Liolos, 84 Valleybrook Lane, East Amherst, New York is listed as the owner of 25 Merrimac Street and not Kevin McNerney who has petitioned the Council for forgiveness of the water bill. In my opinion the proposed forgiveness of the $358.44 would constitute a gift of public funds and I have been advised by the Law Department that it is illegal for any public official to participate in such a gift of public funds. Based on the above, I recommend that your Honorable Body receive and file the resolution. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Animal Shelter 380 N. Oak Item No. 171, C.C.P. 3/16/93 The above referenced resolution has been submitted to this department with a request to provide Your Honorable Body with the current status. This department received bids in June of 1992 for the Reconstruction of 380 N. Oak Street to convert that property into the City Dog Pound. Those bids exceed the current available funding by approximately $160,000.00. Acquisition and construction bids amount to $90.00 per square foot. The lease with R & G Wholesale was not approved by the Council. Please refer to Item # 93, C.C.P. 12/8/92. If the Centralized Maintenance Garage concept is approved by Your Honorable Body, the City Dog Pound may be incorporated into the design layout of the Delaware Park Labor Center along with the new Police Station. This cost should be less than the $90.00 cost for 380 N. Oak Street. In addition there is interest in private purchase of 380 N. Oak Street so that the City may recoup it's purchase price. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Delaware Park Casino CCP 3/16/93; Item #172 The above referenced resolution has been sent to this department for a report as to when the Delaware Park Casino will be open to the public. Attached please find a copy of the correspondence from Parker Bay Consultants, Inc. which addresses this request. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Solicitation of Funds application CCE - Citizens Campaign for the Environment Attached is an application for Solicitation of Funds for CCE -Citizens Campaign for the Environment to solicit funds in the Buffalo area for the month of April 1993. In accordance with Chapter 316, Article IV of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 862 Fillmore Encroachment into right of way Mr. Faisal Alkhatib, owner of A.I.N.O. Foods, a grocery store located at 862 Fillmore Avenue, has requested permission to install a sign which would encroach city right of way at said address. The Proposed sign would be attached Perpendicular to the building face and measure four by five feet. The Department of Public Works has reviewed Mr. Alkhatib's application pursuant to Chapter 413-67 (encroachment regulations) 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 sign 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 sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 43 5 Genesee Street requests permission to install sidewalk cafe Mr. Jay H. Gershberg, owner of Bagel Brothers located at 5 Genesee St., has requested permission to install a sidewalk cafe which would encroach city right of way at said address. The proposed cafe would measure 30 feet in length and project 15 feet from the building face into city right of way. The Department of Public Works has reviewed Mr. Gershberg's application pursuant to Chapter 143 Section 59 sidewalk Cafes ) of the City Ordinances and has no objection to our Honorable Body authorizing the Commission 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 30 feet in length or extend more than 15 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 AND THE CITY PLANNING BOARD. No. 44 1346-48 Kenmore Avenue requests permission to legalize existing encroachments Mr. William Julicher, owner of Kenmore Auto Sales, located at 1346-48 Kenmore Avenue, has requested a "Mere License" for existing encroachments at said address. The encroachments include two light standards and a pole sign which have been located on city right of way for several years. The Department of Public Works has reviewed Mr. Julicher's request pursuant to Chapter 413-67 (encroachment regulations) 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 encroachments provided the following conditions are met: 1. That the applicant obtain any and all other required City of Buffalo permits. 2. That the encroachments be certified as structurally sound by a professional engineer as per Department of Public Works, Division of Buildings specifications. 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 light standards and/or sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 45 1371-79 Main Street awning within right of way Mr. Robert Baumker, of Wilcox Brothers Sign and Awning Company, acting as agent for the owner of the property located at 1371-79 Main Street, has requested permission to install an awning which would encroach city right of way at said address. The awning would be located on both the Main and East Utica Street sides of the property, measure 5 feet in height and project two feet from the building face into city right of way. The Department of Public Works has review Mr. Baumker'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 all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 46 Turn Ashland Play Street Item No. 166, C.C.P. 3/16/93 In regards to the above Item, please be advised that this request has been thoroughly studied and rejected for the following reasons: 1. This proposal can not legally slow traffic and therefore it would not be safe for the children to play in the street. 2. This type of configuration would be very confusing to motorists and would be unworkable and unmanageable. 3. If this were allowed, the City would in fact be building a roadway obstacle and the liability upon the City would be a major concern. 4. This is a through street and is intended for traffic flow, not as a playground. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 47 Certificate of Appointment Appointment effective 3-15-93 in the Department of Public Works, Division of Engineering, Sean Sullivan, 69 Red Jacket Pkwy, Buffalo, NY 14220, to the position of Laborer I, Permanent, at the starting salary of $9.38 Hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 48 Certificate of Appointment Appointment effective March 15, 1993 in the Department of Public Works, Division of Water, Judy Banks, 462 Woodward Avenue, Buffalo, 14216, to the position of Data Control Clerk, Temporary at the Intermediate starting salary of $ 22,351. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 49 Certificate of Appointment Appointment effective 3-15-93 in the Department of Public Works, Division of Engineering, Timothy Hanratty, 337 Bryant, Buffalo, NY 14222, to the position of Engineering Aide, Provisional at the starting salary of $23,107. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 50 Retain Basketball Courts/Rink at Houghton Park #115, C.C.P. 3/16/93 The ice rink at Houghton Park has not been in use for the past two (2) winters. Because of the poor condition of the dasher boards, they were removed about a month ago. However, the refrigeration building housing the compressor needed to make ice is still there. If and when the City's financial status will allow, the rink could be put back in operation. Last year, plans were developed to move the basketball courts from their original location to a more suitable location in the park. The new area should be completed and ready for use this summer. RECEIVED AND FILED. FROM THE COMMISSIONER OF POLICE No. 51 Update Regarding Reorganization Item No. 136 C.C.P. March 2, 1993 The following is an update of progress on the Police Departments efforts to reorganize the existing fourteen precincts into five districts. Plans are moving along well for the South District and the only change in plans is the starting date being moved to December 1st, 1993 from the October 1st, 1993 date. As stated in the resolution I favor a plan where we do the next four (4) districts simultaneously and locate all the existing precincts into the four remaining districts- North or Hertel, Kensington or University, Broadway and Theatre or Downtown. We can either build new or acquire existing structures and renovate to our needs as we are doing in the South district. I have had many preliminary conversations with the affected councilmembers and the following are my recommendations. 1. In regard to the North district, our committee favors the site of Amherst and Elmwood for the location of this facility. It is central to the district and has good access to the patrol areas in the district. Having the expressway so close also helps in accessing the patrol areas. The facility that was formerly used to house Top Notch Provisions is available but has far more space than we need for our facility. We need approx. 15,000 sq. feet of floor space with adequate protected parking. Another possibility that has been brought up lately is the possibility of taking over the Delaware Labor Center for this district. 2. The University or Kensington District is more easily converted because it encompasses most of the existing area. I have done some site work-up on this and I favor the Bailey Ave. area as the site of this facility. I suggest a facility on Bailey south of the existing Precinct 16. There is land and some existing structures that are available in the Bailey-Hempstead/Langfield area. New construction may be the way to go here. 3. The Broadway district has been somewhat of a location problem. We have set our preliminary plans on the Broadway-Fillmore area as the site location and this is the site that I recommend. It is central to the area and provides good access in all directions. There are some existing buildings that might be adequate or a commitment to a new facility would be a good idea. 4. The Theatre district is very important in the overall planning of our reorganization effort. I recommend that we look for a location in the medical center area east of Main St. in the general vicinity of Roswell Park and Buffalo General. This could be located in the Elm-Oak corridor and convenient to downtown and the lower West Side. In conjunction with this I recommend that we maintain the Traffic Division in its current or nearby location to maintain our commitment to Theatre and Buffalo Place. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 52 Gun Amnesty Information Item No. 165, C.C.P. 3/16/93 As you are well aware, our Gun Amnesty Program was an overwhelming success. In the six (6) days that the program ran, we recovered 1,725 handguns and 305 long guns. The total amount spent for this program was $75,100. Unfortunately, we cannot provide a breakdown showing the City residents and the suburbanites who took advantage of the Amnesty Program. The reason for this is that the Gun Amnesty Program called for complete anonymity for people turning in weapons. Requiring identification or proof of residency would certainly have discouraged participating and we would not have had the success that we were able to achieve. Our immediate plans are to check all recovered weapons to ascertain whether or not they were stolen. We also will hold the weapons for a period of time to allow an audit by the Comptroller's Office and to allow for the proper check of the weapons. After this is complete, all the guns will be destroyed in compliance with existing practices that we have in effect with the Central Police Services Forensic Laboratory. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 53 "Reg. Anti Cruising Ord." Item #145, C.C.P. March 2, 1993 The following is a list of some of the streets in the City Of Buffalo, all of which are known for drug activity. All streets listed will qualify in regards to the mentioned Anti-cruising Ordinance: Genesee Prospect Box West Ave. Kehr Busti E. Ferry Maryland Roehrer Hudson Bissell Trenton Moselle Virginia Walden Shields Doat Carolina Sycamore Whitney E. Delavan Fifteenth Grider Jersey Wohlers Efner Leroy Seventh Woodlawn Connecticut Barthel Normal French Vermont Goodyear Ferguson Langfield Dr. Fargo Jefferson Niagara The following is a list of possible streets to be considered for the Anti-Cruising Ordinance: Chippewa Street Bounded in the east by Ellicott Street and in the west by Niagara Street. Elmwood Avenue Bounded in the south by Niagara Square and in the north by Bryant Street. Delaware Avenue Same as Elmwood Avenue All intersecting streets bounded in the east by Main Street, in the west by Niagara Street or Richmond Avenue where applicable. Genesee Street Bounded in the west by Michigan Avenue and in the east by Bailey Avenue. Sycamore Street Same as Genesee Street All intersecting streets bounded in the north by East Ferry Street and in the south by Broadway, Cherry Street and Best Street where applicable. Bailey Avenue Bounded on the north by East Delavan Avenue and in the south by Walden Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF FIRE No. 54 Turn Ashland Avenue into Play Street Item No. 166, C.C.P. 3/16/93 The Buffalo Fire Department is opposed to this resolution for the following reasons: 1. It would tend to set a precedent for residents of other areas of the City, to request the same type of treatment. 2. Ashland Avenue is considered a medium to heavily traveled route for fire apparatus. 3. Children playing in streets tend not to move a safe distance away from passing fire apparatus. 4. An alternate off street area should be provided for a play area. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 55 Transfer of Funds Labor Relations No. 130, C.C.P. 03/02/93 You have asked for my response with regard to the referenced item involving the transfer of $20,000.00 in order to pay for the services of Ronald K. Zoeller, President of North American Administrators, Inc., as a consultant to the City in the area of benefits administration. Although your Honorable Body has not articulated the area of concern you wish me to address, I shall assume that it involves Mr. Zoeller's participation in the Buffalo Financial Plan Commission (BFPC) as a member of the compensation and benefits team and whether a conflict of interest exists with respect to his renumeration as a consultant to the City in this area. A review of the City Code of Ethics provisions leads me to conclude that no such conflict of interest exists because Mr. Zoeller's role in either capacity falls without the scope of applicability of the code as provided in Chapter 12, Article l, Section 12-2 of the Ordinances of the City of Buffalo. REFERRED TO THE BOARD OF ETHICS. No. 56 Health Benefits of Council Staff and Exempt Employees Item No. 196, C.C.P., 3/16/93 The group benefits plan for exempt employees was formalized by the Common Council in 1989 by adoption of Buffalo City Code Article IX (Sections 35-33 et seq.). Any change to the group benefits plan should be done by amendment of this ordinance. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 57 Outside Counsel Matters In response to your inquiry regarding the Buffalo Financial Plan Commissioner's recommendations, please be advised that I have always requested outside law firms to extend to us a municipal discount. In response to the Commission report, I have asked all outside counsel on pending matters to either implement a minimum 15% discount or accept the fee schedule recommended by the Commission. I intend to utilize such fee schedule for all future engagements. It has always been my policy to limit outside counsel assignments to matters where either specialized expertise is required or a conflict of interest is or may be present. My budget request to the Mayor reflects implementation of the Commission's recommendations. RECEIVED AND FILED. No. 58 Forgive Interest on Taxes 27 Harbour Pointe Item No. 101, C.C.P., 3/16/93 This item is a request from a taxpayer for forgiveness of penalties on real property taxes. The Common Council is without authority to forgive real property taxes or penalties. The Commissioner of Assessment may correct errors on the tax rolls; however, the Council may not direct him to alter the rolls. If the Commissioner of Assessment determines after investigation that the taxpayer was erroneously charged penalties, he is empowered to make the necessary correction. REFERRED TO THE COMMITTEE ON FINANCE. No. 59 Forgive Water Bill 25 Merrimac Item No. 147, C.C.P., 3/16/93 This item, if approved, would authorize the forgiveness of a water bill of $358.44 for 25 Merrimac, so that the amount of the bill might "be used toward the restoration of the house." There is no allegation that the service was not actually provided. The Law Department has been consistent in its position that water charges cannot be abated unless they were erroneously imposed. REFERRED TO THE COMMITTEE ON FINANCE. No. 60 Ban 40 ounce and Larger Containers of Beer Item No. 146, C.C.P., 3/16/93 The above-referenced item has been referred to this office for comment. The resolution would put the Council on record in opposition to the sale of 40 ounce and larger containers of beer. The Law Department has no objection to this resolution. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 61 Ashland Avenue Play Street Item No. 166, C.C.P., 3/16/93 Section 413-39 of the Code provides for the designation of play streets by the Commissioner of Public Works and with the approval of the Mayor. To support such a designation, the neighborhood must not have a readily available playground and the street must not only not be a main thoroughfare, but must also "not be much used for vehicular traffic," as determined by the Commissioner of Public Works. The first step would be for a block club or similar organization to petition the Commissioner of Public Works for the use of a play street. It should be noted that, under Code Section 413-39B, the Mayor, the Police Commissioner, the Fire Commissioner or the precinct captain can rescind a play street designation by simply filing such a recission with the City Clerk. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 62 Review of Settlement Policy 153, C.C.P. 03/16/93 This is in response to your request for a report concerning the City's settlement policy in liability matters. This would include all claims for personal injury and property damage involving any City function such as police, fire, street sanitation, etc. In evaluating potential settlements, the Law Department has two guidelines . These are as follows: 1.) A settlement is agreed upon if the financial cost to the city is beneficial in light of (a) the cost of defending the case through trial, including the cost of expert witnesses, subpoenas, and other expenses; and (b) the potential that a jury verdict would be substantially higher than the settlement figure based upon the quality and admissibility of evidence and witnesses for each side. 2.) The Law Department does not pay "nuisance settlements". Some insurance companies will settle any case for between $1,500.00 and $7,500.00 merely to save the cost of defending the case. Our policy has been adopted as a means of discouraging small or marginal cases from being pursued against the City. It is strongly believed that this has effectively prevented numerous marginal cases from being pursued against the City over the last ten (10) years. The Law Department has been effectively managing the large number of claims received. Numerous personal injury claims are received annually including sidewalk fall downs, police car accidents, fire truck accidents, defective traffic light cases, playground accidents, police arrest cases, pot hole accidents, school accidents and miscellaneous other types of cases. The City carries virtually no insurance. So far this fiscal year, the City has paid out only $359,000.00 in personal injury and property damage settlements. This includes $150,000.00 paid in the Emmett Turner case involving a person rendered a quadriplegic in 1982 while working for the NFTA. Considering this era of multimillion dollar settlements, and verdicts and the size of the City of Buffalo, this is an excellent result. In addition, in the last seven jury verdicts in police cases in the last two years, the Law Department has had six zero verdicts and one seven hundred and fifty dollar ($750.00) verdict. There have been no substantial jury verdicts against the City of Buffalo in the last four (4) years. In addition, the number of cases sued annually has declined slightly despite the increasingly litigious nature of our society. This suggests that the Law Department is making good decisions in the handling of claims and settlements. Frequently, settlements can save the City money. For example, in any civil rights case, if a jury awards even nominal damages, the Court must award the Plaintiff full attorneys' fees. Therefore, even though a potential jury award may be only a thousand dollars, the City could have expenses of $20,000.00 to $30,000.00 in legal fees in a civil rights case. Therefore, even though the City may have a good case, there are reasons to settle some of these cases from a financial point of view. As the claims and legal defense division of the City's self-insurance program, we believe that we have helped stabilize and limit the City's expenses in this area of the budget. Self-insurance is a relatively limited policy in the private sector but our analysis of other municipalities' liability experience substantiates our procedures and policies. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 63 Authorize Acceptance of NYS EQBA Grant, Kleinhans Music Hall On September 24, 1992, the New York State Office of Parks, Recreation and Historic Preservation (PARKS) awarded the City of Buffalo a $50,000 Environmental Quality Bond Act (EQBA) Historic Preservation grant. The purpose of the grant is to restore the free-standing, exterior perimeter retaining walls and planters at Kleinhans Music Hall. Matching funds will be provided through the existing City of Buffalo bond funds. We request your Honorable Body approve an appropriate resolution authorizing acceptance of this grant by the City, authorizing the Mayor to execute a project agreement and preservation covenant with PARKS, authorizing the Mayor to execute whatever documents may be necessary for receipt of said grant, and instructing the City Comptroller to establish a receivable account for the grant in City Bond Fund Account No. 200-402-098. Since the EQBA grant funds will come to the City on a reimbursement basis after work is completed, it is necessary that an interfund cash loan be set up for the purpose of administering the grant. We, therefore, also request that your Honorable Body instruct the City Comptroller to arrange the appropriate loan. RECEIVED AND FILED. No. 64 Report of Bids - Lincoln Playground-1993 As authorized by Your Honorable Body Item No. 72 of July 21, 1992, I advertised for and received the following sealed proposals for Lincoln Playground-1993, which were opened and publicly read March 23, 1993: BIDDER BASE BID ADD ALT. NO.1 Gleason's Nursery $68,896 $6,908.50 4780 Sheridan Drive Williamsville, N.Y. 14221 American Paving and Excavating, Inc. 73,994 8,000 5880 Thompson Road Clarence Center, N.Y. 14032 LCP Construction Corp. 75,844 7,720 589 North land Avenue Buffalo, N.Y. 14211 Lebis Contracting, Inc. 77,800 8,000 261 Massachusetts Avenue Buffalo, N.Y., 14213 Cemulini-Pecoraro Construction Corp. 78,045 7,800 709 Pleasant View Dr. Lancaster, N.Y., 14086 B.D.R., Inc. 79,444 6,800 3480 Benzing Road Orchard Park, N.Y. 14127 Birch Grove Landscaping 79,890 6,098 & Nursery, Inc. P.O. Box 117 East Aurora, N.Y. 14052 Pine Ridge Nursery, Inc. 90,744 6,875 P.O. Box 141 735 David Road West Falls, N.Y. 14170 DESIGNER'S ESTIMATE $80,000 $6,000 The preceeding is a true and correct abstract of all bids received and Gleason's Nursery, Inc., is the lowest responsible bidder. Funds for this work are available in Capital Project Account No. 200-717-005. I, therefore, recommend that Your Honorable authorize the Commissioner of Community Development to order the work by Gleason's Nursery, Inc., in the total contract amount of $75,804.50. This includes the base bid work plus add alternate No.1 for a new picnic shelter. Mr. Fahey moved: That the communication from the Department of Community Development dated March 23, 1993, be received and filed, and That the Commissioner of Community Development be and hereby is authorized to award a contract for Lincoln Playground 1993 to Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, New York, the lowest responsible bidder in the total contract amount of $75,804.50, which includes a base bid of $68,896.00 plus alternative #1 at $6,908.50, with said cost to be charged against Capital Project Account No. 200-717-005. PASSED. AYES - 12 NOES - 0. No. 65 Change Order #1 - Plumbing Construction Site Redevelopment of War Memorial Stadium I herewith submit to Your Honorable Body the following change in contract for plumbing construction associated with the site redevelopment of War Memorial Stadium, contract 91633400 with Kandey Company Inc. 1) Revisions to roof drains at restored entrances to achieve proper drainage, time material rates as approved by project architect. ADD $3,093.33 2) Add handicapped chair carriers at service building bathrooms. ADD $192.00 3) Supply and install vandal proof roof vent stacks at service building. ADD $397.47 4) Revisions to roof drain conductors at service building connections. ADD $257.00 5) Additional excavation and placement of select compacted fill due to underground obstructions and wet-unstable soil conditions - unit bid prices. -Excavation 108.42 cubic yards at a unit price of $15 per cubic yard = $1,626.30. -Supply, placement and compaction of 135.78 cubic yards of select backfill at a unit price of $30 per cubic yard = $4,073.40. ADD $5,699.70 6) Design changes to water services for service building and Masten Pool. Time and material charges as approved by project architect. ADD $7,225.04 7) Supply and install 2" watts vacuum breaker between service building water supply and football-soccer field irrigation system. ADD $ 435.00 8) Supply and install 4" PVC drain from RPZ valve through service building wall to exterior drain. ADD $ 746.10 9) Credit for material change of football-soccer field irrigation system, copper pipe to high density plastic. DEDUCT $ 5,000.00 10) Credit for reduced gas piping required at Best Street service connection. DEDUCT $672.30 TOTAL ADD $12,373.34 All of the preceding items whether deducts or adds were deemed necessary to properly complete plumbing construction work associated with the site redevelopment of War Memorial Stadium. Associated costs of all items listed were either contract unit bid prices or time-material rates approved by project -architect, Robert Traynham Coles, Architect, P.C., and Community Development engineering staff. Funds for these changes are available in Bond Fund #200-717-094. A contract summary is as follows: Original Contract Amount $203,333.00 Amount this Change #1 12,373.34 Revised Contract Amount $ 215,706.34 I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Kandey Company, Inc., as set forth above. Mr. Fahey moved: That the communication from the Department of Community Development dated March 25, 1993, be received and filed; and That the Commissioner of Community Development be and hereby is authorized to issue a change order No. 1 to Kandey Company, Inc., C-91633400, for changes resulting in a net increase in the amount of $12,373.34 as more fully described in the above communication, for additional work relating to plumbing construction, site redevelopment of War Memorial Stadium. Funds are available in Bond Fund #200-717-094. PASSED. AYES-12 NOES-0. No. 66 Permission to Accept Fund Transfer Lovejoy District Street Improvements I respectfully request that Your Honorable Body accept a Fund Transfer for Lovejoy District Street overlays. The amount is $100,000 from community Development Block Grant Account 93-03202 to Capital Project Account 200-401-021 in the Division of Engineering. Mr. Fahey moved: That the communication from the Department of Community Development, dated March 23, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to accept a Fund Transfer for Love joy District Street overlays. The amount is $100,000 from Community Development Block Grant Account 93-03202 to Capital Project Account 200-401-021 in the Division of Engineering. PASSED. AYES- 12 NOES- 0. No. 67 "Support Horizon Commission Action Plan" C.C.P. No. 179, March 16, 1993 The Department of Community Development endorses the final Horizons Waterfront Commission Action Plan and recommends that the Council adopt the proposed resolution supporting the Plan. RECEIVED AND FILED. FROM THE COMMISSIONER OF STREETS No. 68 Cancel Grass Cutting Charge 159 Archie Item #192, C.C.P., March 16, 1993 Upon reviewing our records the grass cutting at 159 Archie Street was completed on July 10, 1991. Contact was made with this department on March 17, 1993. At this time the gentleman stated the lot was fenced in. Without visual proof of an invoice for the construction of a fence surrounding the property I have no way of knowing when this fence was erected. I was not Commissioner at this time and it is in my opinion the above referenced grass cutting charge should remain. However, if Your Honorable Body feels cancellation is warranted, I have no problem with your decision. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 Certificate of Appointment Appointment effective: March 15, 1993 in the Department of Street Sanitation, Michael W. Schmitt, 131 Parwood Drive, Cheektowaga, NY 14227, to the position of Laborer II (Daily) Temporary, at the maximum starting salary of $86.18 pr. day REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 70 Report of Bids - 224 Fox, et al. Item No. 81, C.C.P,, 3/16/91 The subject item contains various reports of bids from this department. In response to your inquiry and request for information concerning our policy in regard to demolitions on an emergency basis, please refer to our reply in Item #80, 3/16/93, which was received and filed by your Honorable Body. RECEIVED AND FILED. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 71 Info - Pilot Field Budget ITEM # 6, C.C.P. February 2, 1992. The above referenced item was referred to this office for an answer to your question. - "Are concerts scheduled in advance at Pilot Field included as revenue in the 1993-94 fiscal year; if not, why?" Concerts scheduled in advance are included as a revenue in the 93-94 Pilot Field budget. The supporting schedule furnished by Pilot Field states two concerts are definitely booked and they are attempting to book three or four more. This revenue can be found primarily in four accounts. In account 92077 Rent the estimate furnished by Pilot Field was used which is based on two concerts which should generate $50,000 in rents. Pilot Field's estimate was used. Account 95017 Concession has its estimate based on four concerts not two. Pilot field estimated this would generate $50,000 so this amount was reduced to $25,000 to reflect the two actual bookings. Account 95027 Souvenirs was also based on four concerts generating $40,000. Again the estimate was reduced to $20,000 to reflect the actual bookings. In addition the merchandise cap of $10 was used which may be on the high side which would overstate the revenues. Lastly, account 900008 Miscellaneous which reflects the rental of the Enkamat was based on four concerts. Since this was a new addition to this account and only one component of miscellaneous rentals revenues Pilot Field's estimate was slightly reduced from $10,000 to $9,000, since this is only a component of the account and there was no experience in this area. Also, please be advised that last years revenue projections had a shortfall based on an already booked concert that had to be cancelled. To base revenues on concerts that are not booked can be very risky. REFERRED TO THE COMMITTEE ON FINANCE. No. 72 Recovering Delinquent Parking Fines Item No. 157, C.C.P. 3/2/93 In response to Councilmember Zuchlewski's resolution, we are in agreement with the Buffalo Financial Plan Commission recommendation to centralize collection in the comptroller's office to pursue delinquent accounts. We will cooperate to help them. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 73 Increase Team Permits from Ball Diamonds The above referenced item was referred to this office for a response. The cost for operating the diamonds and fields of the City of Buffalo Parks Departments are estimated as follows, based on a 20 week season or 100 days of operation: Salary Parks Utility Worker $24,442 : 261 days = $93/day Laborer $22,279 : 261 days = $85/day Costs 10 Parks Utility Workers/Recreation Instructors @ $93/day x 80 days = 74,400 5 Laborers @ $85/day x 80 days = 34,000 Total Salary 108,400 Fringes 30% 32,520 Total Personnel 140,920 Sandy Loam 50,000 Total Costs $190,920 The above analysis does not include any administrative, equipment or depreciation costs. Revenue The revenue estimate used for 1992-93 was based on 900 teams $50/team resulting in $45,000. To date no teams have signed up for the 1993-94 season and the estimate of the number of teams that will sign up has been revised to only 500 teams at the $50 rate resulting in $25,000 in revenue. Summary To completely cover the estimated costs of maintaining the diamonds and fields the City would have to charge $400 per team, assuming 500 teams will register. Such a fee would likely cause many teams to drop out of the leagues pushing the cost for remaining teams even higher. The City is taking steps to recover costs such as initiating the $50 fee in 1992-1993. The administration is currently considering a recommendation to increase this to $100 in 1993-94. We believe there is a limit to how much a city can charge for certain services. At this time we would not recommend a fee in excess of $100/team. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 74 CDBG & BSA Reimbursements Attached are summaries of revenues received by the City from the Community Development Block Grant and Buffalo Sewer Authority for the last seven years as requested by Councilmember Coppola at a meeting on the recommendations of the Buffalo Financial Plan Commission. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 75 Transfer of Funds to pay North American Administrators, Inc. At the March 23, 1993 Civil Service Committee meeting, a request for information was made relating to the above referenced item (see attached letter). While the information you have requested was previously relayed to your honorable body, both orally and in written form, I am happy to comply with your request. The information you seek follows: RATE OF PAY FOR SERVICES $40 per hour not to exceed $20,000 DUTIES All of the following issues will be addressed: - Health insurance premium overpayments and refund expectations from carriers and employees/retirees/spouses. - Self-billing premium mechanisms with the health insurance carriers. - Interdepartmental paper flow and documentation. - Annual survey/enrollment form for medical and dental plans (active and retired participants). - Employee/Dependent enrollment, change of status, and termination procedures (including those becoming age 19 or age 65). - Capability of current software and possible system enhancements. - Retiree Eligibility interface with New York State Retirement System. - COBRA administrative procedures. - "In-Lieu-Of" policies and procedures. - Definition of covered participants (employees, retirees, dependents) in the respective bargaining units. RECEIVED AND FILED. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 76 Certificate of Appointment Appointment effective March 22, 1993 in the Department of Human Resources, Division of Youth, Elizabeth Wilk, 37 Coburg Avenue, Buffalo, 14216, to the position of Program Director of Youth Counseling, Permanent, at the Intermediate Starting Salary of $30,260. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 77 Feasibility of implementing the purchase of recycled paper for office use versus virgin paper Item 151, C.C.P. 2-24-93 Attached are copies of the comparative prices of various fine papers and computer papers which the city purchases under its contract 6574 with AIling and Cory. As you can see, the cumulative cost of purchasing recycled paper is much higher, due to the additional processes involved in recycling as opposed to the processes involved in making virgin paper. This department has recently been purchasing recycled paper, but will return to virgin paper, if your body feels it is not economically feasible to continue with recycled. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF EDUCATION No. 78 Residency The Buffalo Public School District has been reviewing the District's residency policy for the past few months. The issue remains in the Executive Committee and the District will inform the Common Council of their decision as soon as the Board makes a final determination. RECEIVED AND FILED. FROM THE CITY CLERK No. 79 Reply to NY State Audit of the City of Buffalo 7/1/90 to 6/30/91 In regard to that portion of the State Comptroller's audit of the City of Buffalo pertaining to the City Clerk's Office, we agree with the findings and have implemented the recommendations. REFERRED TO THE COMMITTEE ON FINANCE. No. 80 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Human Resources. RECEIVED AND FILED. No. 81 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Public Works - Thomas LoTempio Fire - Capt. Anthony D. Page, Jr. Human Resources - Joanne M. Cary RECEIVED AND FILED. No. 82 Leaves of Absence without pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Antoinette M. Klimeczko, Janet Sanfilippo, Marie-Therese Gallagher Street Sanitation- Eugene R. LoTempio Human Resources- Christine Carr, Gerald Smith General Services- Lawrence Doctor RECEIVED AND FILED. No. 83 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: Buffalo Sewer Authority City Planning Board Examining Board of Plumbers Zoning Board of Appeals RECEIVED AND FILED. No. 84 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 January 6, 1993 in the Department of City Clerk, William L. Gallivan, 131 Mariner St., Buffalo, 14201, to the Position of Intern Ill, Seasonal Non-Competitive at the starting salary of $5.00/hr. Appointment effective Jan 19, 1993 in the Department of City Clerk De'Nia Luper 62 Edna Place, Buffalo, 14209 to the position of Intern III Seasonal Non- Competitive at the starting salary of $ 5.00/hr. Appointment effective January 20, 1993 in the Department of City Clerk to the position of Intern III, Seasonal, at the: starting salary of $ 5.00/hr. Anthony L. Funigiello, 50 Prospect Ave., Buffalo, 14201 Jeff R. Hackworth, 514 Fillmore Ave., Buffalo, 14206 Appointment effective March 3, 1993 in the Department of City Clerk, Moises Nales, 198 Shirley Ave., Buffalo, 14215 to the position of Intern III Seasonal at the starting salary of $ 5.00/hr. No. 85 Notices of Appointments I transmit herewith communications received by me, reporting the appointments made in the various departments at the minimum, flat or hourly rate. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective March 16, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Thomas Hosking, 17 Milford St., Buffalo, 14220 to the Position of Laborer I, Seasonal, at the starting salary of $5.98/hr. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective 3/22/93 in the Department of Public Works, Division of Engineering, Richard Lynch, 86 Salem St., Buffalo, NY 14220 to the position of Laborer I Seasonal at the starting salary of $ 5.98/hr. Appointment effective 3-15-93 in the Department of Public Works, Division of Engineering, Vincent Astyk, 18 Strathmore Avenue, Buffalo, NY 14220 to the position of Bridge Operating Engineer, Seasonal, at the starting salary of $7.02/hr. Appointment effective 3/17/93 in the Department of Public Works, Division of Engineering, to the position of Bridge Operating Engineer, Seasonal, at the starting salary of $7.02/hr. Joseph Masi, 907 Niagara Street, Buffalo, NY 14213 William Patterson, 116 South St., Buffalo, NY 14204 Appointment effective March 23, 1993 in the Department of Public Works, Division of Buildings, David Calamita, 172 Rhode Island, Buffalo 14213 to the position of Carpenter, Permanent, at the starting salary of $21,717 Appointment effective 3/18/93 in the Department of Public Works, Division of Engineering, Roosevelt Thomas, 113 Ruhaland Ave., Buffalo, NY 14201 to the position of Communication Specialist, Permanent at the starting salary of $22,602 FROM THE DEPARTMENT OF POLICE Appointment effective March 11, 1993, in the Department of Police Helen Panikowski, 112 Walter Street, Buffalo 14210 to the position of Report Technician, Permanent, at the starting salary of $19,346 FROM THE DEPARTMENT OF STREET SANITATION Appointment effective March 15, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the starting salary of $6.65/hr. Timothy F. Donovan, 57 Susan Lane, Buffalo, New York 14220 Lawrence J. Jay, 59 Brownell Street, Buffalo, NY 14212 Willis L. Jones, Jr., 30 Poultney Ave., Buffalo, New York 14215 Jeffrey W. Snyder, 106 Pacific Street, Buffalo, New York 14207 Daniel Summers, 33 Buffum Street, Buffalo, New York 14210 Appointment effective March 15, 1993, in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the starting salary of $6.65/hr. Matthew Cybulski, 90 Ideal Street, Buffalo, NY 14206 Scott C. Sullivan, 77 St. Johns Parkside, Buffalo, N.Y. 14210 Robert J. Sumera, Jr., 180 Miller Avenue, Buffalo, New York John Thomas, 38 A Altruria Street, Buffalo, New York 14220 Carmen T. Pace, 328 Grant Street, Buffalo, New York 14213 Appointment effective March 15, 1993 in the Department of Street Sanitation, to the position of Laborer II, Permanent, at the starting salary of $9.02/hr. Kevin G. Banes, 3 Indian Orchard Place, Buffalo, NY 14210 Robert T. Black, 93 O'Connell Avenue, Buffalo, N.Y. 14204 Michael R. Canfield, 632 West Avenue, Buffalo, N.Y. 14213 James K. Dole, 17 Choate Avenue, Buffalo, NY 14220 Raymond P. Hehir, 1032 Tifft Street, Buffalo, NY 14220 Vincent G. Hornberger, 320 Downing Street, Buffalo, NY 14220 Patrick A. Kelly, 9 Courtland Avenue, Buffalo, NY 14215 Appointment effective March 15, 1993 in the Department of Street Sanitation, Kevin P. Lillis, Jr., 214 Geary Street, Buffalo, New York 14210 to the position of Laborer II, Permanent, at the starting salary of $9.02/hr. Appointment effective March 15, 1993 in the Department of Street Sanitation, Patrick J. Lynch, 77 Milford, Buffalo, New York 14220 to the position of Laborer II, Permanent, at the starting salary of: $9.02/hr. Appointment effective March 15, 1993 in the Department of Street Sanitation, Mark E. McGill, 39 Littlefield Avenue, Buffalo, New York 14211 to the position of Laborer II, Permanent, at the starting salary of $9.02/hr. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective March 15, 1993 in the Department of Human Resources, Division of Youth, Joseph D. Baran, 64 Vernon Pl., Buffalo 14214 to the position of Attendant, Temporary, at the starting salary of $4.25/hr. Appointment effective March 16, 1993 in the Department of Human Resources, Division of Youth, Llord B. Brooks, PO Box 1534, Buffalo NY 14205-1534 to the position of Attendant, temporary, at the starting salary of $4.25/hr Appointment effective March 18, 1993 in the Department of Human Resources, Division of Youth, to the position of Attendant, Temporary, at the starting salary of $4.25/hr Darlene Carr, 68 Grape St., Buffalo 14204 Charles L. Robbins, 22 Oxford, Buffalo 14209 Appointment effective March 15, 1993 in the Department of Human Resources, Division of Youth, Willard Anderson, 222 Mulberry Street, Buffalo, 14204 to the position of Community Field Worker, Temporary, at the starting salary of $6.30/hr. FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective March 15, 1993 in the Department of General Services, Division of Inventory & Stores, Victor W. Leone, 226 Norwood Ave., Buffalo, 14222 to the position of Laborer II (Seasonal) at the starting salary of $6.65/hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 86 ASHLAND AVENUE BLOCK CLUB Clarification of request for Play St. We would like to file a clarification on Resolution 000365 filed by our Council Member Alfred Coppola on behalf of our neighborhood's proposal, The Ashland Avenue Play Street. The resolution could be misread in that it says that we are requesting that the "Play Street would close the street to thru traffic, but would allow for residential traffic..." Our proposal is not to close the street at all, but to place limitations on the speed at which traffic would move down the street. In other words, the street will not be closed to any traffic, but will have impediments to traffic traveling over 10 miles/hour, and signs stating the 10 mile/hour speed limit. It is our intention to discourage thru traffic, not prohibit it. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 87 ATKIN CONSTRUCTION CORP. Mineral Springs Trails There are several important issues regarding the new development off Hillery Street, "Mineral Spring Trails", with which l would welcome your assistance. 1. Buyer assistance through tax partial abatement - Most of the buyers attracted to the project area need some assistance in order to qualify for mortgages large enough for the houses they would like to purchase. A partial abatement of the new real estate taxes that will be generated by their new homes would allow them to be qualified for a larger mortgage payment. If the tax rate is $28/1000 a typical 100,000 home would generate $2800 in new taxes. If 50% were abated $1400 or about $120 a month could be added to their mortgage limit or approximately $18,000 more mortgage they would be qualified for. This obviously makes, great deal of difference in their ability to qualify. 2. Revision of floodplain designation - After extensive contacts with F.E.M.A. representatives and other local officials I found that No current studies have been done by the city of Buffalo to demonstrate that the present floodplain maps are no longer accurate since the completion of the various projects to control the flooding of the Buffalo River and Cazenovia Creek. The town of West Seneca has completed these studies and had the floodplain maps amended. Half of "Mineral Spring Trails" is in West Seneca. That portion of the project is not considered in the floodplain, though the adjoining section of the project in Buffalo is designated as floodplain. A similar effort by the city would likely remove large areas of South Buffalo from the floodplain map and thus save needless insurance premiums to the new homebuyers, as well as numerous resident of South Buffalo. Thank you for your attention. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMPTROLLER, THE COMMISSIONER OF ASSESSMENT AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 88 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION Enterprise Zone - Added Information Item # 95 C.C.P. 3/16/93 The Enterprise Zone Concept Paper previously submitted omitted maps of the two non-contiguous parcels in Northwest and Northeast Buffalo. Please find attached the two maps of these parcels. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 89 GERALD J. CARRIERO Oppose Use of Mohawk Manor for Work Release Facility I would like to express my concern over the recent proposal to convert the Mohawk Motor Inn in Buffalo, New York, into a prison work release facility. I own several properties near that area. My combined tax burden for these properties totals $80,825.50 per year for both city and county. The area around the Mohawk Motor Inn has great potential for growth and development. For many years, this neighborhood had been neglected and the surrounding area began to deteriorate. In recent years, however, the neighborhood has started to make a come back. If a work release facility is opened in that area at this point in time, the state will be discouraging people from investing in that neighborhood and whatever progress has been made will be lost. Perhaps a better use for the Mohawk Motor Inn would be to convert it into low cost housing for the elderly. Modifications would not be great, but the benefit to the community would be substantial. Although I sympathize with the state's need to allieviate prison overcrowding, I feel that they have not taken into account the full impact that a work release facility would have on the neighborhood. Thank you very much for your time and consideration. RECEIVED AND FILED. No. 90 GOSPELFEST Req. Use of New War Memorial Gospelfest, the largest outdoor gospel festival in the City of Buffalo, has been taking place each year since 1987 and has attracted more than 15,000 people. Gospelfest first started at M & T Plaza in downtown Buffalo and outgrew that facility. In 1991 we were in Lasalle Park and in 1992 at Martin Luther King Park. The new facility of the War Memorial Stadium at Best and Jefferson would be an ideal location for this years festival. Would you please consider this and set the date for July 24, 1993. The gospel event is for 7 hours beginning at 3:00 p.m. and ending approximately at 10:00 p.m. The participants of Gospelfest include many church choirs, groups and soloist of all ethnic background and religions both local and national. Please respond to me as soon as possible. Thank you in advance. Mr. Fahey moved: That the communication from Bessie Patterson, Gospelfest Coordinator, dated March 16, 1993, be received and filed; and That the organizers of Gospelfest be, and hereby are granted the use of the new facility of the War Memorial Stadium at Best and Jefferson on July 24, 1993 for Gospelfest, on the condition that the Gospelfest Committee secure insurance in form and amount satisfactory to the Law Department indemnifying and holding the City harmless for any damages arising from the use of the facility. PASSED. AYES- 12 NOES- 0. No. 91 TOWN OF GRAND ISLAND Favors Dedicated Highway and Bridge Trust Fund Attached please find a copy of a Town Board Resolution favoring the creation of a New York State Dedicated Highway and Bridge Trust Fund. RECEIVED AND FILED. No. 92 HORIZONS WATERFRONT COMMISSION, INC. Appt. of Director I'm writing to advise you that term of appointment of Dr. Rae H. Rosen as a Voting Director to the Horizons Waterfront Commission expired on March 2, 1993. We would appreciate hearing from you regarding your appointment or reappointment to this seat for a two year term effective March 3, 1992. Mr. Fahey moved: That the communication from Joseph E. Goodeil, Chairman of the Horizons Waterfront Commission, Inc., dated 3/12/93 be received and filed; and That the Common Council hereby reappoints Dr. Rae H. Rosen as a Voting Director to the Horizons Waterfront Commission for a two-year term effective March 3, 1993, as the Council's representative to the Commission. ADOPTED. No. 93 LEAD ACTION TASK FORCE Req. Block Grant Funding As you know the Lead Action Task Force has been attempting to aid the city in setting up a pilot program to abate 25 homes in census tract 35. In the Spring of 1992 we drew up plans for the pilot program. In the Summer we wrote and supervised a survey of residents in census tract 35 regarding lead. In the Fall we began further outreach to the community but stopped when it became apparent that city departments were not yet ready to start the program. Since then we have worked to amend the city's lead ordinance and help city agencies fine tune their ability to carry out the pilot. There has been a great deal of progress by the Department of Inspections & Community Revitalization (I&CR) recently in that the city has been granted a license and now has possession of an XRF analyzer. In addition, I&CR has begun a subpilot under which they are testing city-owned abandoned properties in order iron out the kinks before beginning the pilot. The funding of the pilot program remains unclear. Your request of I&CR to identify money to pay for the pilot program has gone unanswered. While we still hope that funds can be made available so the pilot can begin this fiscal year, we are writing to request you to put $250,000 aside in the coming year's block grant program so that a source of funding is assured. Although Buffalo's request for $2.7 million for a HUD grant to do private lead abatement was turned down in 1992, HUD has informed us that our application was "competitive" and strongly urged us to reapply for this year's round of grants. The pilot program was a key part of our grant application. Proof of commitment and progress regarding the pilot program will be important in going after this significant source of funds. Thank you for your continued support of the Task Force and the city's efforts to begin a lead abatement program. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 94 LOCAL 282 Concerns of Manpower Utilization Contract Award We feel that the proposed study of the Buffalo Fire Department will not be a fair assessment of the City's needs. There is not enough money allocated to do a long range study and cover all important points. There are many questionable procedures on the Committee's makeup and recommendations. This is a waste of the City's money and we would ask to speak to the entire Council to voice our opinions and objections. The following are our comments regarding the consulting group that has been preliminarily chosen to do the study. The Public Management Group (PMG) may be awarded a contract to conduct a management and operational study of the Buffalo Fire Department. Any assessment of fire suppression and emergency medical services and subsequent recommendations must address service levels as they relate to the safety of the firefighters and the citizens they are sworn to protect, as well as the protection of property. The study's methodology for such a study must be sound, logical and above reproach. A review of PMG's proposal and the track history of its president, William Gay, raises serious concerns of faulty data gathering and outdated methodology. Mr. Gay may also be promising to deliver more than he is capable of providing. In the City's Request for Proposal (RFP), the Administration never defined that deliverables were to be derived from the study nor any definable objective. Certainly, the City Administration was remiss in not providing the operation response criteria as a baseline standard of performance. The consultant William Gay was remiss in not raising in his proposal the response criteria issue since he now lacks an established benchmark from which he is to conduct an unbiased study. The requirement to establish tactical objectives in terms of response times and to provide sufficient personnel and equipment to successfully and safely initiate structural interior fire attacks is required by NFPA 1500, Standard on Fire Department Occupational Safety and Health Program, the International City Management Association, and the National Fire Protection Association all which Mr. Gay indicates will be the basis of the analysis. In this regard, the NFPA 1500 Standard, Section 2-1.2 mandates that: "The fire department organizational statement shall set forth the operational criteria for the various types of emergency incidents to which the fire department is required to respond. This written criteria for each type of emergency incident shall contain and identify the following: (a) The types of standard firefighting functions or evolutions, such as incident management, providing a water supply, hose deployment, forcible entry, search and rescue, ladder placement, ventilation, salvage, and overhaul required to safely complete the operation; specifying a determination of functions or evolutions that need to be performed simultaneously; (b) The minimum number of members required to safely perform each identified fire function or evolution, based on written operating procedures; (c) The number and types of apparatus and members required for the initial response to each type of emergency incident, as well as the total complement of apparatus and members to be dispatched for each type of incident that defines the total response for all incidents up to the level of a major incident for that jurisdiction; (d) A description of a typical emergency operation, including alarm time, response time, arrival sequence, initiation of basic functions and evolution assignments; and standard operating procedures, as these factors relate to fire fighter safety and health." Obviously, Mr. Gay's report must include response time objectives and an operational structure by which sufficient personnel and equipment can safely and successfully initiate attacks on structural fires. Such reasonable measurement would be as follows: "* first responding unit shall arrive at the scene within 4 minutes of receipt of the alarm in 90% of the instances, and/or * the initial alarm assignment, consisting of two engine companies and one ladder company shall arrive at the scene within 8 minutes of the alarm in 90% of the instance. The initial alarm assigned to a fire shall be comprised of sufficient personnel and equipment to control a fire in a structure up to 5,000 square feet in area and effectively remove or rescue and endanger occupants. and The initial alarm response to a medical emergency shall be sufficient to provide advanced life support for victim stabilization, including cardiac emergency, in a manner consistent with the American Heart Association and the American Medical Association's recommendations." Unless the Administration requires Mr. Gay to address these issues, his study will be flawed in that it will not allow objective consideration of his recommendations for the deployment of units and personnel when measured against a baseline measure of performance. Hence, a standard of measurement must be defined for the fire department and until one has been determined it is our position that no study should go forward. PMG uses the Rand model when analyzing station location operations. This model is, however, 25 years old and lacks the sophistication of contemporary station location models such as LANDTRAC and FIREROUTER. The major flaw in the Rand model is that it only measures response times for the first due apparatus and does not deal with the entire alarm assignment. Furthermore, Mr. Gay has not indicated how he will assess the speed of apparatus to various locations at various times of the day. Mr. Gay for example takes credit for the reorganization and expansion of emergency medical system delivery in Norfolk, VA. As an example of PMG's work, Gay contends that his Norfolk "plan enabled the City to substantially increase EMS care and ambulance service by developing dual use fire/ ambulance companies." Not only were Gay's recommendations which called for the elimination of 27 fire department positions and one-third of the City's engines and trucks dismissed by the City, the exact program that was put into place (i.e., cross-trained, dual-role fire fighter-EMS providers) was a plan that Gay had rejected in his study. The Norfolk experience was not the first time that a city paid Mr. Gay handsomely for a fire department study that they ultimately rejected. A review of Gay's studies of paid fire departments shows that in nearly every city, his recommendations were rejected. In one city, Jackson, Mississippi, the only way that Gay's recommendations could be implemented was to install as Fire Chief Joseph Donovan, who is conveniently on the staff of PMG. In fact in his most recently completed "study" of the Tulsa, OK Fire Department, Mr. Gay recommended the elimination of 9 engine companies (one-third of the department's pumping capacity), 3 ladder trucks and 60 firefighting positions., More importantly, Mr. Gay in his Tulsa study never indicated the effect that such a recommendation would have on the Fire Department's response time or fireground capabilities. It is also interesting to note that in each of Gay's studies of paid fire departments, increases in staffing or apparatus or even the maintenance of the status quo were never recommended. In fact, in each city he recommended cutbacks in staffing and apparatus. It is inconceivable that in every city reductions were necessary. Mr. Gay states he has developed a national fire and emergency medical operations data base as a useful tool to analyze public sector service delivery. In reality this national database is fictional since Mr. Gay collects his information by questionnaire only once the contract for the management/operational study is approved. Since PMG would compare the service delivery methods of Buffalo and other comparable, communities, Mr. Gay has no firsthand knowledge in order to ensure that the data for his selection of "comparable" fire departments is accurate. In other words, Mr. Gay has no firsthand information to assess whether or not delivery of fire suppression services in his comparison cities is "adequate." Great care needs to be taken when reviewing any recommendations contained in a management/operational study of the Buffalo Fire Department by PMG. Recommendations in this "through and objective review of fire/EMS operations" by Mr. Gay should not jeopardize the safety of the firefighters performing suppression or EMS activities nor compromise public safety or property under the guise of cost effectiveness. REFERRED TO THE COMMITTEE ON FINANCE. No. 95 STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER City Audit through 6/30/91 Enclosed is a report of examination, as Identified above, prepared by the Office of the State Comptroller. Also enclosed for your convenience Is a copy of Section 35 of the General Municipal Law which explains your responsibilities, together with a sample publication notice and certification. The examination was made, and report prepared, In accordance with the authority granted to the State Comptroller by Article 3 of the General Municipal Law. We recommend that the report be studied by all appropriate officials and that a written response to the audit findings be prepared and filed pursuant to Subdivision 4 of Section 35 of the General Municipal Law. Section II 4 of the Financial Management Guide for Local Governments Is sued by the Office of the State Comptroller discusses the filing requirements and provides guidance concerning the preparation of a written response. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 96 JAMES W. PITTS Elm Leaf Beetle Management Plan Outlined in the attached letter dated March 19, 1993 from Karen Murphy, Chair, of the City of Buffalo's Pest Management Board to Park's Department Commissioner Stan Buczkowski, the City has yet to announce it's plan to address the elm leaf beetle problem for the upcoming 1993 season in addition to other stated issues. The Pest Management Board suggests that a plan be announced by April 1, 1993, so they will have adequate time to provide assistance and advisement. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS. No. 97 U.S. Department of Housing and Urban Development Title VI Agreement BMHA/HUD This morning I received a copy of a Wednesday March 16 Council Resolution, faxed to our Offices at 4:30 p. m. last Friday, concerning the Title VI Agreement between the Department of Housing and Urban Development (HUD) and the Buffalo Municipal Housing Authority (BMHA). The Resolution requests that, by 2:00 p. m. Thursday, April 1, 1993, HUD Secretary Henry Cisneros and I "file reports explaining the rationale of implementing the Title VI Agreement . . . . " The accompanying letter further requests that I attend a Council Legislation Committee meeting tomorrow at 2:00 p. m. The Resolution specifically affirms that " . . the Title VI Agreement . . . will have a serious destructive impact on access to public housing by Black family applicants; . . . that an applicant is only permitted to choose a vacancy at a development where their race does not "predominate" . . . ; (that] Black families will have almost no choices on the most desirable developments available... [and that] this agreement would enable whites and Hispanics to choose any vacancy in almost all developments . .." The Resolution is focused on the procedures by which BMHA applicants are offered and assigned apartments. However, the above-quoted excerpts from the Resolution are inaccurate and seriously misleading. By way of clarification and response, permit me to clarify the tenant selection system implemented by the HUD-BMHA Agreement. In 1988, the HUD New York Office conducted a compliance review of the Buffalo Municipal Housing Authority (BMHA). The review concluded that, because BMHA permitted and honored each applicant's specific project preferences, tenant self-segregation occurred in BMHA Developments. Such practices violate Title VI of the Civil Rights Act of 1964. Consequently, by letter of April 25, 1989, HUD New York formally transmitted a finding of non-compliance with Title VI requirements. To remedy this finding, HUD Headquarters and BMHA entered into an Agreement for Voluntary Compliance. The Agreement included provisions for voluntary transfer by present tenants, and alternate location offers for new applicants, all to promote desegregation. Although the BMHA Board of Commissioners accepted most provisions, they requested further negotiation on some matters, for example, resident incentives and mandatory transfers. As you will recall, Mr. Gordon Mansfield, then HUD Assistant Secretary for Fair Housing and Equal Opportunity, visited Buffalo to negotiate a revised Agreement with the BMHA. To prepare for those negotiations, Mr. Mansfield met several times with Buffalo Community Leaders, including Council Representative James Pitts, at meetings hosted by this Office. After comments and input from Mr. Pitts and others, Mr. Mansfield resumed negotiations with BMHA, to revise the Agreement. Negotiations were completed and, in July, 1992, a revised Voluntary Compliance Agreement was executed. The July form of the Agreement is currently in effect and being implemented by the Authority. As you know, Nation-wide HUD regulations require all Housing Authorities to adopt one of two options for offering vacancies to waiting list applicants: Plan A (which provides one, and only one, offer - the next available apartment, regardless of its location); or Plan B (which provides three sequential offers, based on those Developments with the most vacancies, those with the second-most vacancies, and those with the third-most vacancies). BMHA chose Plan B. Further, BMHA and HUD agreed to a further, desegregative offer, in addition to the Plan B offers, to be made available by BMHA should an applicant refuse the three Plan B offers. The BMHA Board adopted the Alternate Offer in January of 1993. This offer, the "Alternate Offer', is to be made only after and in addition to, not instead of, the Authority's three Plan B offers. The Alternate Offer provides an applicant with additional choices. The initial offers, the three Plan B offers, are based on the availability of both (a) appropriately-sized units, and (b) units at those Developments having the most vacancies. The Alternate Offer gives an applicant a choice of any Development where the applicant's race does not predominate. If no such developments have units available, the applicant may wait until one becomes available, without surrendering position on the waiting list. This additional Alternate Offer is a critical part of the remedy to HUD's finding that BMHA's previous admission policies have resulted in self-segregation. It is a remedy providing additional choices, not restricting them. The intent of the remedy is to help reduce self-segregation and foster greater diversity. The impact of the Alternate Offer varies among the type of housing Developments. Since most elderly Developments are predominantly non-Black, Black elderly applicants may have more alternate-offer Developments to choose. For non-elderly Developments, the situation differs. Notwithstanding the above, precisely which offer is in fact made at any given time depends on many, co-incident factors: an applicant's place on the waiting list; which apartment(s) become available at the time that applicant's name rises to the top; the Plan B choice(s) that an applicant makes; how long it takes that applicant to make the choices; which apartment(s) become available if and when that applicant refuses all Plan B choices; etc. In short, it is rarely possible to conclude in advance that a given applicant will in fact have more or fewer choices than another. I am convinced that, after reviewing the above explanation, you will recognize that the language of the Council Resolution is a serious misreading of the actual procedures for tenant selection and assignment, as outlined in the Agreement. Instead of reducing tenant choices, the Agreement in fact expands them. In response to your invitation, prior schedule commitments preclude me from attending the Council Committee meeting of Tuesday, March 23. However, I will be happy to meet with Council Representatives, at HUD-Buffalo Offices, to further clarify and answer questions, as needed. To arrange for a mutually convenient time, please contact me at (716) 846-5733. I hope that I have been able to dispose of unwarranted fears that the HUD - BMHA Agreement unfairly limits choices for Black families. By the Agreement, HUD Headquarters intended that new procedures help to desegregate BMHA Developments. BMHA Executive Director Michael Clarke may be able to provide information on the impact of these policies. I trust that I have responded to the Committee's concerns. As always, I and my staff appreciate your input on these important issues. REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS No. 98 Timothy Hyland, owner, petition to Rezone 73 Holt from M-1 to R-2 for residential use. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 99 Community Action Information Center, petition, supporting civil action as a remedy to the Street Sanitation Department's inability to arrest and prosecute persons using neighborhood as a garbage dump. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 100 L. DeMartino and Others favor proposed curfew law. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 101 Salary Ordinance Amendment 70-0 Department of Street Sanitation (Item No. 180, C.C.P., Mar. 16, 1993) That the Salary Ordinance Amendment as contained in Item No. 180, C.C.P., March 16, 1993, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 102 Salary Ordinance Amendment 21-0 Department of Fire 011 - Fire Fighting Services (Item No. 182, C.C.P., Mar. 16, 1993) That the Salary Ordinance Amendment as contained in Item No. 182, C.C.P., March 16, 1993, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 103 Transfer of Funds - Labor Relations (Item No. 130, C.C.P., Mar. 2, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pitts moved: That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, submitted to the Common Council, the sum of $20,000 be and the same is hereby transferred from the Fringe Benefits account for Hospitalization and Surgical Insurance for Retired Employees in Appropriation Allotments and said sum is hereby reappropriated as set forth below: From: 100 General Fund 813 - Fringe Benefits 170 -Hospitalization and Surgical Insurance for Retired Employees $20,000 To: 110 General Fund 06 - 3 Division of Labor Relations 001 - Labor Relations 573 - Engineering and Technical Services $20,000 PASSED. AYES- 12 NOES- 0. No. 104 Transfer of Funds - Exempt Items Labor Relations (Item No. 134, C.C.P., Mar. 2, 1993) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, submitted to the Common Council, the sum of $600 be and the same is hereby transferred from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9- Exempt Items 842- Reserve for Capital Improvements $600 To: 100 General Fund 063 - Division of Labor Relations 085 - Capital Outlays 982 - Operating Equipment 2 Lan drops & 2 Lan cards $600 PASSED. AYES- 12 NOES- 0. No. 105 Preferred List For Cotter Crew (CSC) (Item # 87 CCP Jul 21, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Appointment FIRE/SUPERINTENDENT/FIRE VEHICLE MAINTENANCE That Communication NO 47 CCP JUL 7, 1992 be received and filed and the Provisional appointment of James Durham stated above at the Maximum salary $31,314.00 effective on Jul 2, 1992 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 107 Appointment Audit & Control/Associate Auditor That Communication No 29 CCP Dec 22, 1992 be received and filed and the Provisional appointment of Susan Mascia stated above at the Maximum salary $33,262.00 effective on Dec 7, 1992 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 108 Appointment Administration & Finance/Junior Traffic Clerk That Communication No 71 CCP Feb 16, 1993 be received and filed and the Permanent appointment of Daniel D. Viapiano stated above at the Maximum salary $20,531.00 effective on Feb 8, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 109 Appointment Public Works/Laborer I That Communication No 57 CCP Mar 16, 1993 be received and filed and the Permanent appointment of Patricia A. Lawler stated above at the Intermediate salary $8.53 effective on Mar 8, 1993 is hereby approved. PASSED AYES- 12 NOES- 0. No. 110 Appointment Public Works/Laborer I That Communication No 58 CCP Mar 16, 1993 be received and filed and the Permanent appointment of William Finnegan stated above at the Maximum salary $9.38 effective on Mar l, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 111 Appointment Public Works/Laborer II That Communication No 59 CCP Mar 16, 1993 be received and filed and the Permanent appointment of Michael Willard stated above at the Maximum salary $10.26/hr. effective on Mar 1 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 112 Appointment Public Works/Laborer II That Communication No 60 CCP Mar 16, 1993 be received and filed and the Permanent appointment of Thomas V. Ellis stated above at the Maximum salary $10.26 effective on Mar 8, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 113 Appointment Public Works/Engineering Aide That Communication No 61 CCP Mar 16, 1993 be received and filed and the Provisional appointment of Thomas LoTempio stated above at the Maximum salary $23,017.00 effective on Mar 8, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 114 Appointment Public Works/Assistant Administrator That Communication No 62 CCP Mar 16, 1993 be received and filed and the Provisional appointment of Charles A. Masi stated above at the Maximum salary $38,089.00 effective on Mar 9, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 115 Appointment Police/Laborer I That Communication No 69 CCP Mar 16, 1993 be received and filed and the Temporary appointment of Leonard R. Valvo stated above at the Maximum salary $9.38/hr effective on Feb 25, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 116 Appointment Street Sanitation/Truckdriver That Communication No 75 CCP Mar 16,1 993 be received and filed and the Permanent appointment of Steven R. Iraci stated above at the Maximum salary $22,815.00 effective on Feb 23, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 117 Appointment Inspections & Community Revitalization Chief Building Inspector That Communication No 82 CCP Mar 16, 1993 be received and filed and the Provisional appointment of Matthew J. Baudo stated above at the Intermediate salary $33,351.00 effective on Mar 8, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 118 Appointment Human Resources/Deputy director That Communication No 86 CCP Mar 16, 1993 be received and filed and the Provisional appointment of Joseph M. Mazza stated above at the Intermediate salary $37,143.00 effective on Mar 16, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 119 Notices Of Appointments (C.Clerk) (Item # 92 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 120 RFP Replies/Fire Department Manpower Utilization (Item # 70 CCP Dec 22, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Renew Lease - Emmanuel Temple Church (Item No. 31, C.C.P., Mar. 16, 1993) That the Comptroller be and hereby is authorized to renew the lease with Pastor Robert J. Deas of the Greater Emmanuel Temple Church, to commence on July 1, 1991 and expire on June 30, 1993, at an annual rental of $155.00 (One Hundred and Fifty Five Dollars) payable in advance, and the lessee to save the City harmless from any liability and to provide insurance therefore in the amounts determined sufficient by the Law Department. PASSED. AYES- 12 NOES- 0. No. 122 Bids - Skyway/Thruway Loop (Item No. 6, C.C.P., Mar. 16, 1993) That the Director of Parking be, and he hereby is authorized to award a contract for Skyway - Thruway Loop to Multiple Parking Services, Inc., the lowest responsible bidder in the amount of $220,000.00 annually and award them a three year lease. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 123 Bids - Ontario Street Concession (Item No. 64, C.C.P., Mar. 16, 1993) That the Commissioner of Parks be, and he hereby is authorized to award a contract for the Ontario Street concession to Charles J. Giovino, 2051 Niagara Street, the highest responsible bidder in the amount of $6,124.00. PASSED. AYES- 12 NOES- 0. No. 124 Bids - South Park Golf Course Concession (Item No. 65, C.C.P., Mar. 16, 1993) That the Commissioner of Parks be, and he hereby is authorized to award a contract for the South Park Golf Course concession to Naritza & Lucian J. Miller, 2568 Route 39, Collins, New York, the highest responsible bidders in the amount of $3,044.00. PASSED. AYES- 12 NOES- 0. No. 125 Bids - Emergency Demolition, 224 Box, etc. (Item No. 81, C.C.P., Mar. 16, 1993) That the award by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts to Integrated Waste Special Services, at a cost of $7,415.00, relating to 224 Box, to Great Lakes Dismantling Co., at a cost of $5,462.00 relating to 272 Dodge, to Lebis Contracting, at a cost of $9,885.00 relating to 175 Masten, to Great Lakes Dismantling Co., at a cost of $5,829.00 relating to 172 Northampton, to Delmonte Demolition, at a cost of $6,500.00 relating to 380 Johnson, to Integrated Waste Special Services, at a cost of $5,000.00 relating to 506 East Ferry, to Lebis Contracting, at a cost of $4,610.00 relating to 1293 Fillmore, to Great Lakes Dismantling Co., at a cost of $6,267.00 relating to 268 Hickory and garage, to Lebis Contracting, at a cost of $4,500.00 relating to 1328 Jefferson, to Delmonte Demolition, at a cost of $4,050.00 relating to 385 Monroe, to Integrated Waste Special Services, at a cost of $4,400.00 relating to 921 Northampton and Garage, to Integrated Waste Special Services, at a cost of $4,100.00 relating to 130 Peabody and Garage, to Integrated Waste Special Services, to Integrated Waste Special Services, at a cost of $4,100.00 relating to 37 Sherman and Garage, to Integrated Waste Special Services, at a cost of $5,200.00 relating to 83 Sherman Street, to Lebis Contracting, at a cost of $3,100.00 relating to 102 Shumway, to Great Lakes Dismantling Co., at a cost of $4,487.00 relating to 987 Smith and Garage, to Great Lakes Dismantling Co., at a cost of $4,400.00 relating to 1064 Smith and Garage, to Great Lakes Dismantling Co., at a cost of $5,200.00 relating to 11 Southampton, to Great Lakes Dismantling Co., at a cost of $4,630.00 relating to 414 Sycamore, are hereby confirmed, ratified and approved, with said cost to be charged against the pending bond fund, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 126 Change Contract - General Construction War Memorial Stadium Site (Item No. 73, C.C.P., Mar. 16, 1993) That the Commissioner of Community Development, be and he hereby is authorized to issue a change order No. 4 to Nichter Utility Construction Corp., for changes resulting in a net increase in the amount of $160,033.71, as more fully described in the above communication, for additional work relating to General Construction at the War Memorial Stadium Site Redevelopment contract 91633500. Funds for this contract are available in Bond Fund 200-717-094. PASSED. AYES- 12 NOES- 0. No. 127 Reduce Retention - Site Redevelopment (Item No. 74, C.C.P., 3/16/93) That the Commissioner of Community Development, be and he hereby is authorized to the reduce the retention from 10% to 1% on a contract with Nichter Utility Construction Corporation, Inc., Contract #91633500 for General Construction, Site Redevelopment of War Memorial Stadium to $1% or $49,522.00. PASSED. AYES- 12 NOES- 0. No. 128 Renewal of Contracts - Solid Waste Disposal (Item No. 52, C.C.P., Mar. 16, 1993) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Public Works be, and he hereby is authorized to negotiate renewal of two (2) contracts for Solid Waste Disposal with Occidental Chemical Corporation and Integrated Waste Systems, Inc. The proposed terms and conditions of the renewals are to be submitted to the Common Council for approval. PASSED. AYES - AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS - 10. NOES - FAHEY, ZUCHLEWSKI- 2. No. 129 Transfer of Funds - Budget (Item No. 129, C.C.P., Mar. 2, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, submitted to the Common Council, the sum of $10,300 be and the same is hereby transferred from the Capital Projects - Fund - Division of Budget & Management - Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: FROM: 200 Capital Projects Fund 06-1 - Division of Budget & Management 001 - Planning for Capital Projects $10,300 TO: 200 Capital Projects Fund 71-7 - Division of Development 525 - Relocation of Cazenovia Ball Diamonds $10,300 PASSED. AYES- 12 NOES- 0. No. 130 Transfer of Funds - Water (Item No. 131, C.C.P., Mar. 2, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, submitted to the Common Council, the sum of $32,100 be and the same is hereby transferred from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items - Water and said sum is hereby reappropriated as set forth below: FROM: 410 - Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements $32,100 To: 410 - Enterprise Fund - Water 021 - Administrative Services 540 - Printing and Binding $22,900 541 - Postage $ 9,200 $32,100 PASSED. AYES- 12 NOES- 0. No. 131 Transfer of Funds - Parking Enforcement (Item No. 132, C.C.P., Mar. 2, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: 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 $83,000 be and the same is hereby transferred from the Fringe Benefits account for Hospitalization and Surgical Insurance for Retired Employees in Appropriation Allotments and said sum is hereby reappropriated as set forth below: From: 100 General Fund 813 - Fringe Benefits 170 - Hospitalization and Surgical insurance for Retired Employees $83,000 To: 100 General Fund 06 - 4 Division of Parking Enforcement 031 - Towing and Storage Operations Public Utility Service 221 - Electric, Light and Power $58,500 Purchase of Services 583 - Unclassified $24,500 Total $83,000 PASSED. AYES- 12 NOES- 0. No. 132 Transfer of Funds - Fire (Item No. 160, C.C.P., Mar. 16, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: 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 current fiscal year for Appropriation Allotments - Department of Fire be and the same hereby is increased in the sum of $32,208; and 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 PASSED. AYES- 12 NOES- 0. No. 133 Increased Appropriation - Division of Parking Enforcement (Item No. 161, C.C.P., Mar. 16, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: 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 current fiscal year for Appropriation Allotments - Division of Parking Enforcement be and the same hereby is increased in the sum of $50,000; and 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 PASSED. AYES- 12 NOES- 0. No. 134 Transfer of Funds - Water (Item No. 162, C.C.P., Mar. 16, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: 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 PASSED. AYES- 12 NOES- 0. No. 135 Refund of Taxes - Maryner Towers (Item No. 71, C.C.P., Mar. 16, 1993) That the Comptroller be, and he hereby is, authorized and directed to draw a check on the appropriate account in the amount of $50,396.56 payable to Maryner Redevelopment Company, Inc. in refund of the City's share of excess real property taxes paid by Maryner Redevelopment to the City for tax year 1992-93 relating to 186 Efner. PASSED. AYES- 12 NOES- 0. No. 136 Juneteenth - Dates for Festival (Item No. 66, C.C.P., Mar. 2, 1993) Whereas, According to the adopted resolution Item No. 136, C.C.P., January 19, 1993 it is the policy of the Council to have the Juneteenth Festival Inc. and sponsors of similar events provide post-event accounting of revenues, expenses and use of proceeds to the Common Council as a prerequisite to issuing permits; and Now, therefore be it resolved that: Within 90 (Ninety) days following the closing of the Juneteenth Festival, Festival coordinators will provide the Council with an accounting of revenues, expenses, and use of funds in accordance to the Juneteenth corporate charter. PASSED. AYES- 12 NOES- 0. No. 137 Juneteenth Festival/Barricades (PW) (Item # 53 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Buffalo Softball League/Annual Audit That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 139 Sisters Hospital, Petition to use 2157 Main Street (Item (No. 110, C.C.P., Mar. 16, 1993) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That after a public hearing before the Committee on Legislation on March 23, 1993, the petition of Sisters of Charity Hospital, owner, for permission to use 2157 Main Street for a ground sign be and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 140 Bella Vista Group Inc. Petition to use 2231 Niagara Street (Item No. 111, C.C.P., Mar. 16, 1993) That after a public hearing before the Committee on Legislation on March 23, 1993, the petition of The Bella Vista Group Inc., owner, for permission to use 2231 Niagara Street for a pole sign be and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 141 Herwood Properties, Petition to use 1833 Elmwood Avenue (Item No. 112, C.C.P., Mar. 16, 1993) That after a public hearing before the Committee on Legislation on March 23, 1993, the petition of Herwood Properties, owner, for permission to use 1833 Elmwood Avenue for a pole sign be and hereby is approved, upon the condition that the sidewalk be kept clear of ice and snow. PASSED. AYES- 12 NOES- 0. No. 142 Family Restaurant of Buffalo, Petition Use 1094 Broadway (Item No. 73, C.C.P., Mar. 2, 1993) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That after a public hearing before the Committee on Legislation on March 23, 1993, the petition of Family Restaurant, owner, for permission to use 1094 Broadway for a pole sign be and hereby is approved. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 143 Encroach Awning - 455 Ellicott (Item No. 55, C.C.P., Mar. 16, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mrs. Kendall Bruzgull, owner of McClellands Small Animal Hospital, located at 455 Ellicott 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- 12 NOES- 0. No. 144 Local Law/twenty-five Percent Minority Participation (Item # 152 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Request Opinion/Local Law Exempt/Elected Work Full Time (Item # 144 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Mayor's 1993 State Legislative Package (Item # 6 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Coordinated Response To Violent Crime (Item # 150 CCP Jan 19, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES - ARTHUR, BELL COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS- 8. NOES - AMOS, FAHEY, LOTEMPIO, ZUCHLEWSKI- 4. No. 148 NYSDEC/Comments Of Hazwaste Task Force Report (Item # 107 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Agreement to Reconstruct Delaware "S" Curves (Item No. 169, C.C.P., Mar. 16, 1993) That the Mayor be and he hereby is, authorized to enter into any and all agreements needed for the City's participation for funding this project; and 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. 150 J. Lopez/Pole Park Detail for Shoshone (Item #113, CCP, Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 J. Lopez/Twenty-four Hour Detail Precinct # 17 Area (Item #114, CCP, Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 M. Kurkowski/Houghton Basketball Courts/Rink (Item # 115, CCP, Mar 16, 1993) That the above mentioned item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 153 Hearing on the Arrest of Rosa Gibson (Item # 179, CCP Feb 1, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 LDA - Engine #16 Redevelopment (Vets Helping Vets) (Item No. 76, C.C.P., March 16, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Collins the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci, Community Revitalization Frank Balkowski, WNY Veterans Housing Coalition Mr. Fahey moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. Mr. Fahey moved that WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated WNY Veterans Housing Coalition, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and NOW, THEREFORE, BE IT RESOLVED: (1) That WNY Veterans Housing Coalition, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Engine 16 Redevelopment Project in the Community wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the property from the City to BURA. PASSED. AYES- 11 NOES- 0. This item was taken out of order as the first Council Item, and Mr. Higgins had not yet taken his seat in the chamber. No. 155 LDA - Fillmore New Housing (Apex) (Item No. 77 C.C.P., March 16, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Collins the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci, Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. ADOPTED. No. 156 LDA - Emslie New Housing (Gal/Van) (Item No. 78 C.C.P., March 16, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Coppola the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci, Community revitalization. Mr. Fahey moved that the hearing be closed. Seconded by Mr. Pitts. CARRIED. Mr. Fahey moved that WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Gal/Van Developers, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and NOW, THEREFORE, BE IT RESOLVED: (1) That Gal/Van Developers, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Emslie NDP Housing Project Phase II in the Emslie Neighborhood Development Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the property from the City to BURA. PASSED. AYES- 12 NOES- 0. Mr. Higgins had taken his seat before this roll call. No. 157 Authorization Filing Statement 1993-94 Community Development Block Grant (Item No. 151, C.C.P., Feb. 16, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That the "Final Statement of Objectives and Projected Use of Funds" has been reviewed by the members of the Common Council and is hereby approved. That the Mayor of the City of Buffalo is hereby authorized to execute and file, on the behalf of the City of Buffalo, the "Final Statement of Objectives and Projected Use of Funds" for the 1993-94 Community Development Block Grant Funds. That the Mayor is further authorized to provide such additional information and furnish such documents as may be required by the Department of Housing and Urban Development. That the Mayor is further authorized to execute such contracts or agreements as may be necessary for the HUD funds applied for, to execute and file requisitions for funds and to act as the authorized representative of the City of Buffalo. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. ADOPTED. No. 158 Authorization to Submit Final Statement 1993-94 Community Development Block Grant (Mayor) (Item No. 1, C.C.P., Feb. 16, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. ADOPTED. No. 159 ECIDA/Annual PILOT Agreement (Item # 99 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 December Office space Inventory (CD) (Item # 44 CCP Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Status - Unspent LSHP Funds (Item No. 9, C.C.P., Feb. 16, 1993) That the above item be and the same is received and filed. ADOPTED. No. 162 Unspent L.S.H.P. Funds (A&F) (Item # 51 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 Unspent L.S.H.P. Funds (HR) (Item # 85 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 164 By: Mr. Bakos Change of William St. Bus Route Whereas: The Niagara Frontier Transportation Authority implemented a variety of bus route changes effective March 28, 1993; and Whereas: Those changes included a reduction in the number of outbound William Street (Route l) buses that pass through the Bailey, Ogden and Lovejoy areas; and Whereas: This has caused a considerable hardship for East Lovejoy residents, particularly senior citizens who rely on the buses for their transportation needs; Now, Therefore Be It Resolved: That this Common Council ask the Niagara Frontier Transportation Authority to reconsider its decision to reduce service on the William Street (Route l) bus route; and Be It Further Resolved: That the Legislation Committee of the Common Council hold a public hearing on the changes in the William Street bus route recently instituted by the NFTA. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE NFTA. No. 165 By: Messrs. Bell, Amos Administration Commitment to Spending Cuts and Revenue Increases Whereas: Following months of work, the Buffalo Financial Plan Commission presented to the city of Buffalo their proposals to resolve the financial dilemma facing the city; and Whereas: Many of the proposals require not only legal action, but also some basic agreements between management and union employees; and Whereas: The Common Council, Administration, and Union Representatives have been meeting to discuss the practicality of implementing some of the FPC recommendations while at the same time minimizing the impact on personnel levels, reductions in benefit packages, and provision of basic services to the taxpayers of the city of Buffalo; and Whereas: The administration, during the course of these meetings, has not made a definitive commitment on revenue enhancements and expenditure reductions to help alleviate the fiscal problems; and Whereas: In order to deal realistically with the problem at hand, this Council, at the very least, needs to have a true sense of the spending cuts and revenue increases that will be included in the Mayor's Budget Recommendations; Now, therefore, be it resolved: That this Common Council request that the Mayor submit to this Honorable Body the details of all projected revenues and spending cuts that will be included in his budget recommendation, highlighting areas that coincide with the recommendations of the Financial Plan Commission; and Be it further resolved: That upon receipt of the aforementioned data, this Council initiate the appropriate action to implement those proposals deemed necessary and prudent to address the projected budgetary shortfall; and Be it finally resolved: That this information be filed with this Council prior to the next filing deadline of 2:00 pm on April 8, 1993. ADOPTED. No. 166 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 $3,555.00 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 $3,555.00 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $3,555.00 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $3,555.00 To: 200 Capital Projects Fund 40-2 Division of Buildings 024 - Construction of Old First Ward Comm. Ctr $3,555.00 PASSED. AYES- 12 NOES- 0. No. 167 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 $4,125.00 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 $4,125.00 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $4,125.00 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $4,125.00 To: 200 Capital Projects Fund 40-2 Division of Buildings 026 - Reconstruction of Shea's Buffalo Theater $4,125.00 PASSED. AYES- 12 NOES- 0. No. 168 By: Mr. Collins Increased Appropriation General Fund - City Revenue Appropriation Allotments Various Departments, Miscellaneous Charges Fringe Benefits 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 - Various Departments, Miscellaneous Charges, and Fringe Benefits be and the same are hereby increased in the sum of $6,131,638. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue 100 General Fund 81-0 General City 402 - City Revenue 70028 - Sale of City Water System $6,131638 To meet this increased appropriation as set forth below: To: 100 General Fund 01 - 1 Division of City Clerk 001-City Clerk Personal Services 110-Salaries-Regular $2,023 125 - Longevity - Increments 120 03-0 Mayor & Executive Department 001 - Executive Function Personal Services 110-Salaries-Regular 5,843 04-0 Department of Audit & Control 001 - Comptroller Personal Services 110-Salaries-Regular 2,400 002 - Data Processing Personal Services 114 - Overtime Pay 18,252 04-3 Division of Real Estate 001 - Real Estate Management Personal Services 110-Salaries-Regular 1,115 112 - Temporary Services 1,921 06-0 Department of Administration & Finance 001 - Administrative Services Personal Services 110-Salaries-Regular 859 06- 1 Division of Budget & Management 001 - Administrative Services Personal Services 110-Salaries-Regular 4,540 002 - Financial Control of Agencies Personal Services 110-Salaries-Regular 645 06-3 Division of Labor Relations 001 - Labor Relations Purchase of Services 572 - Legal Services 13,000 06-4 Parking Enforcement 031 - Towing & Storage Operations Personal Services 110-Salaries-Regular 8,095 09-0 Department of Assessment 001 - Assessment Personal Services 110-Salaries-Regular 10,042 10-0 Department of General Services 001 - Administrative Services Personal Services 110-Salaries-Regular 30,700 10-4 Division of Inventory & Stores 001 - Inventory Management Personal Services 110-Salaries-Regular 11,000 112 - Temporary Services 6,525 125 - Longevity - Increments 5,163 Materials & Supplies 450 - Automotive Maintenance Supplies 50,000 452 - Gasoline & Lubricants 15,000 453 - Tires & Tubes 25,500 Purchase of Services 504 - Automotive - Other Servicing 10,000 551 - Rentals of Land & Buildings 24,000 20- 1 Office of the Police Commissioner 002 - Office of Professional Standards Personal Services 110 - Salaries-Regular 3,900 114 - Overtime Pay 6,800 115 - Holiday Pay 343 121 - Acting Time 290 003 - Office of Public Affairs Personal Services 110 -Salaries-Regular 7,660 114 - Overtime Pay 48,400 122 - Reporting Time 5,300 Travel & Transportation 301 - Automobile Allowance 2,350 20-2 Bureau of Special Services 001 - Administration & Intelligence Personal Services 120 - Court Time 2,050 003 - Investigations Division Personal Services 110-Salaries-Regular 417,600 114 - Overtime Pay 136,000 120 - Court Time 148,200 20-3 Bureau of Field Services 001 - Administration & Analysis Personal Services 110-Salaries-Regular 184 002 - Patrol Services Personal Services 114 - Overtime Pay 610,534 20-4 Bureau of Administrative Services 001 - Administrative Purchase of Services 571 - Medical Services 250,000 002 - Management Services Personal Services 110-Salaries-Regular 19,155 114 - Overtime Pay 3,100 003 - Building & Fleet Maintenance Personal Services 110 - Salaries - Regular 15,000 114 - Overtime Pay 12,000 115 - Holiday Pay 2,500 121 - Acting Time 2,100 122 - Reporting Time 600 125-Longevity-Increments 1,027 Public Utilities Services 221 - Electric, Light & Power 38,000 223 - Gas 47,000 Materials & Supplies 432 - Janitorial Supplies 5,000 Purchase of Services 501 - Automotive - Body Repairs 20,000 21-0 Department of Fire 011 - Firefighting Services Personal Services 110-Salaries-Regular 550,064 114-Overtime Pay 32,500 Materials & Supplies 427 - Clothing & Uniforms 80,000 022 - Fire Defense & Training Services Personal Services 110-Salaries-Regular 6,611 114 - Overtime Pay 200 023 - Fire Alarm Telegraph System Personal Services 114 - Overtime Pay 19,794 031 - Fire Headquarters & Stationhouse Maintenance Personal Services 110-Salaries-Regular 3,200 125 - Longevity - Increments 315 Public Utility Services 221 - Electric, Light & Power 15,000 223 - Gas 45,000 032 - Servicing Automotive Equipment Personal Services 110-Salaries-Regular 46,800 114 - Overtime Pay 4,600 125 - Longevity - Increments 215 24-0 Department of Inspections & Community Revitalization 021 - Administrative Services Personal Services 110-Salaries-Regular 2,865 40-0 Department of Public Works 021 - Administrative Services Personal Services 110-Salaries-Regular 195 40-1 Division of Engineering 012 - Lighting of Streets Purchase of Services 221 - Electric, Light & Power 200,000 015 - Repair & Construction of Other Public Improvements Personal Services 112 - Temporary Services 4,583 021 - Administrative Services Personal Services 110-Salaries-Regular 57,250 112 - Temporary Services 22,452 114 - Overtime Pay 10,888 115 - Holiday Pay 555 125 - Longevity - Increments 1,438 Public Utility Services 221 - Electric, Light & Power 25,000 40-2 Division of Buildings 031 - Operation & Maintenance of Public Buildings Public Utility Services 221 - Electric, Light & Power 32,500 224 - Telephone & Telegraph 20,000 50-0 Department of Human Resources 001 - Executive - Administrative Personal Services 110-Salaries-Regular 22,265 125-Longevity-Increments 1,560 003 - Contract Administration Personal Services 110-Salaries-Regular 42,497 Travel & Transportation 301 - Automobile Allowance 2,640 50-4 Division of Substance Abuse Services 012 - BMHA/HUD Substance Abuse Program Personal Services 125 - Longevity - Increments 405 Travel & Transportation 301 - Automobile Allowance 1,540 Purchase of Services 583 - Unclassified 3,000 50-5 Division for Employment & Training 021 - Employment & Training Services Personal Services 110-Salaries-Regular 4,245 125 - Longevity - Increments 60 60-0 Department of Parks 021 - Administrative Services Personal Services 110-Salaries-Regular 1,646 60- 1 Division of Parks 021 - Administrative Services Personal Services 110-Salaries-Regular 570 032 - Servicing Automotive Equipment Personal Services 110-Salaries-Regular 1,302 114 - Overtime Pay 6,700 115 - Holiday Pay 299 121 - Acting Time 1,000 125 - Longevity - Increments 1,320 60-2 Division of Recreation 011 - NYS Youth Commission Program Public Utility Services 221 - Electric, Light & Power 50,000 223- Gas 12,000 021 - Administrative Services Personal Services 110-Salaries-Regular 3,724 71-0 Department of Community Development 001 - Executive Personal Services 110-Salaries-Regular 2,483 81-2 Miscellaneous Charges 805 - BMHA Subsidy 400,000 835 - Contribution to New York State 933,203 81-3 Fringe Benefits 171 - Hospital & Surgical Ins. - Active Employees 1,007,318 172 - Workers' Compensation & Death Awards 225,000 175 - Reserve for Payment of Unused Sick Leave 173,000 TOTAL $6,131,638 PASSED. AYES- 12 NOES- 0. No. 169 By: Mr. Collins Results Common Council Screening Committee or review the RFP's for Manpower Utilization in the Buffalo Fire Department Whereas: The Buffalo Common Council sent out requests of proposals for an Administrative Cost and Manpower Utilization study in the Buffalo Fire Department on October 30, 1992 to 13 Consultant firms; and Whereas: Only four (4) Consultant firms responded to the RFP; and Whereas: The Common Council requested that the Chairman of the Committee on Finance appoint and Chair a Screening Committee to review RFP's received to conduct the study on the Buffalo Fire Department; and Whereas: The following people were appointed to serve on the Committee: Craig Coyne - Associate, G.B.D.F. Conde Peoples - Citizen David Donnelly - President, LOCAL 282, IAFF, AFL-CIO Eugene M. Fahey - Majority Leader, Common Council Arlene Goldstein - Citizen Carl A. PerIa - Niagara District Councilmember Paul A. Shanks - Commissioner, Buffalo Fire Department; and Whereas: The Committee reviewed the four RFP's received and then held personal interviews with all four firms; and Whereas: As a result of the Committee's diligent efforts, a grading system outlined within the PIP was used to determine which firm could offer the City of Buffalo the best study; and Whereas: The participating Committee members unanimously ranked Public Management Group as first in fulfilling all of the requirements of the RFP. Now, Therefore be it resolved: That the Sub-committee appointed by the Committee on Finance recommends that this Common Council negotiate a contract with Public Management Group to conduct the Administrative Cost and Manpower Utilization study in the Buffalo Fire Department; and Be it further resolved: That all interested members of the initial subcommittee be given the opportunity to serve on a steering Committee to oversee the progress of the study. REFERRED TO THE COMMITTEE ON FINANCE. No. 170 By: Mr. Coppola Private Property and Casualty Insurance Rate Increases Attributed to Proposed Firehouse Closings Whereas: The City of Buffalo Fire Department operates 26 firehouses which are strategically scattered throughout the city; and Whereas: Although the Buffalo Fire Department operates inefficient firehouses of the late 18th early 19th century vintage, the department boasts a quick and consistent three (3) minute fire truck response time to anywhere within the city; and Whereas: This sterling response record cost the city $37 million ($37,000,000) in this years budget, a figure some analysts believe is a direct force pushing the city to bankruptcy ; and Whereas: The Buffalo Financial Plan Commission's recommendations call for the elimination of 200 firefighters over a period of 4 years combined with the Fire Commissioner's recommendation to close three fire companies would increase the fire departments emergency response time from three (3) minutes to (8) minutes; and Whereas: The closing of the three fire companies combined with longer response time would create a situation causing property and casualty insurance rates to increase for those whose property falls beyond 5 miles from the nearest firehouse, a minimum distance guideline allowed before insurance companies consider a property a risk; and Whereas: Residential property would be rated for higher insurance premiums because of the "5 mile from the firehouse distance rule" creating a situation where residents would be paying the same taxes and higher insurance premiums for reduced services. Now, Therefore Be It Resolved That: This Common Council requests the City Administration to strategically replace the three closed fire companies with a new centralized firehouse that will not adversely effect the fire service and insurance rates of the citizenry. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 171 By: Mr. Coppola Discharge Legislation Committee Establish Parking Ticket Amnesty Program (Res 167, C.C.P., March 16, 1993) Whereas, the above items are currently tabled in committee, and Whereas, its is no longer necessary for these items to be considered by that committee, Now Therefore Be It Resolved that this Common Council does hereby discharge the committee from further consideration of these items, and the items are now before the Common Council for its consideration. Mr. Coppola now moved to approve the above item. Seconded by Mr. Pitts. LOST. AYES - ARTHUR, COLLINS, COPPOLA, PITTS - 4. NOES - AMOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 8. No. 172 By: Mr. Coppola 1993 Greater Buffalo Italian Heritage and Food Festival Whereas, the North Buffalo Community Development Corp., the Hertel-North Buffalo Business and Taxpayer Assn., Inc., and the West Side Business and Taxpayer Assn., Inc. have requested permission to again jointly conduct the Greater Buffalo Italian Heritage and Food Festival, from July 28 through August 1, 1993 on Hertel Avenue; and Whereas, these groups are also requesting that Hertel Avenue be closed to traffic between Crestwood and Tennyson Avenue during the above dates, and that the cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma Avenues between Colvin and Delaware be designated festival areas; and Whereas, this festival will once again be a major expression of Italian Heritage which includes culture, customs and foods, and will once again attract people from hundreds of miles away; Now, therefore, be it resolved: That the North Buffalo Community Development Corp., the Hertel-North Buffalo Business and Taxpayer Assn., Inc., and the West Side Business and Taxpayer Assn., Inc. are hereby granted permission to jointly conduct the 1993 Greater Buffalo Italian Heritage and Food Festival, subject to the following: A. The festival shall be conducted on Hertel Avenue from July 28 to August 1, 1993 between the hours of 11:00 a.m. and 11:00 p.m., with July 26 from 12:00 noon and July 27 to be used as set-up days and August 2 to be used as a breakdown day, with traffic to recommence by noon of that day. B. Hertel Avenue, between Crestwood and Tennyson, shall be closed to vehicular and bicycle traffic during the Festival. In addition, cross-streets bounded by Colvin, Linden, Delaware and Tacoma Avenues. Including those boundary streets, shall be part of the Festival area, subject to its rules and regulations. Permitees, with the cooperation of and at the direction of the Police Department, will furnish and locate barriers to be placed at the beginning time of the Festival and to be removed at the ending of the Festival. C. That the City-owned Residential Area Parking Lot, located behind 1180 Hertel, shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the Festival area, and this restriction shall be enforced strictly by the City and the Festival Committee. D. That the Festival Committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the Westerly side of Delaware Avenue, and a banner across Hertel Avenue at Tennyson and at Crestwood, all within conditions specified by the Department of Public Works. E. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by the Special Events Committee and the Corporation Counsel. F. Permitees shall assure complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the Festival. G. Permitees shall assume complete responsibility for conducting the Festival in compliance with all the laws and ordinances applicable, and with all directives of the various City departments including Police, Fire, Street sanitation, Transportation and Public Works. H. Permission is hereby granted for the above under such terms and conditions so as to protect the interests of the City of Buffalo, as set forth by the Special Events Committee. I. It has been decided by the Common Council that sponsors of any event must provide post-event accounting of revenues, expenses and use of proceeds to the Common Council as a prerequisite to issuing permits. J. Within ninety (90) days following the closing of the 1993 Greater Buffalo Italian Heritage and Food Festival, Festival coordinators will provide the Council an accounting of revenues, expenses and use of funds. PASSED. AYES - AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI - 11. NOES - FAHEY - 1. No. 173 By: Mr. Coppola Propose Sale of City Owned Parking Ramps Whereas: The Buffalo Financial Plan Commission has made numerous suggestions to increase revenue and cut expenses because of Buffalo's present fiscal climate and future projected deficits; and Whereas: The members of the Commission have also suggested privatizing some parts of city government; and Whereas: The City of Buffalo presently owns ten parking ramps with a net equity of over $26 million and should seriously consider privatizing the ramps because not only would the City realize financial gain by the sale of the ramps, it would also reap the benefits of yearly tax revenues of between $2 and $3 million; and Whereas: The existing debt on the ramps would have to be retired over a pre-determined period of time by using an escrow account; and Whereas: In the private business sector, it is common to sell assets to improve the fiscal outlook when a company is experiencing financial difficulties; and Whereas: This Common Council should explore all other possibilities before raising taxes and creating new fees, and privatizing its parking ramps would be a logical solution to some of its fiscal problems. Now therefore be it resolved that The Director of the Board of Parking is hereby authorized to proceed with the bidding process in anticipating the sale of the ten parking ramps owned by the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF PARKING, THE COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 174 By: Mr. Coppola Request Information on State Audit Whereas: According to THE BUFFALO NEWS, the State Comptroller's Office recently completed an audit, which shows an abuse by some city workers who work second-front jobs; and Whereas: The audit apparently offers several recommendations and criticisms on the present methods of monitoring payroll and other expenses. Now therefore be it resolved that This Common Council requests that Council staff obtain a copy of the recent audit performed by the State Comptroller's Office for distribution to all council members as soon as possible; and Be it further resolved that This Council requests that the City Comptroller and City Budget Director file a response with the City Clerk in time for the next Council meeting, April 13, 1993, to the following: 1. Why did the State Comptroller perform this audit? 2. Who are the offending employees referred to in the audit? 3. List all departments in which the abuses were found. 4. What is the name of the employee who pleaded guilty last August to two misdemeanor counts of grand larceny and agreed to reimburse the city $3,170 for double-dipping? 5. Why was this Council not informed of this matter? 6. What is the status of Robert Makowski, Street Sanitation Department worker, who pleaded guilty last month for defrauding the city of $4,560 by double-dipping? ADOPTED. No. 175 By: Mr. Coppola Request Information BCAM Whereas: A recent incident occurred where pornographic material was accidently aired on the Buffalo Cable Access Media channel; and Whereas: BCAM officials took immediate action and have suspended the offending producer; and Whereas: According to the executive director of BCAM, indemnification forms are required for airing a show; however, indemnification forms were not submitted for this particular show. Now therefore be it resolved that The executive director of the Buffalo Cable Access Media channel inform this Common Council of any steps being taken to prevent this kind of incident from taking place in the future. ADOPTED. No. 176 By: Mr. Fahey Home Rule Message 5.3129 / A. 5223 - Amend Local Finance Law Sale of Bonds and Notes of the City of Buffalo Whereas: There has been introduced in the New York State Legislature Senate Bill S. 3129 and Assembly Bill A. 5223, "An Act to amend local finance law, in relation to the sale of bonds and notes of the city of Buffalo"; and Whereas: The purpose of the Bill is to extend for one year a funding mechanism used by the city for projects requiring immediate attention; and Whereas: This Act amends Section 54.30 of the Local Finance Law to extend the provisions of this section from June 30, 1993 to June 30, 1994; Now, therefore, be it resolved: That the city of Buffalo hereby requests the enactment into law of Senate Bill S. 3129 and Assembly Bill A. 5223, "An Act to amend the local finance law, in relation to the sale of bonds and notes of the city of Buffalo"; and Be it further resolved: That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York Delegation of the State Legislature. ADOPTED. No. 177 By: Mr. Fahey Excuse Councilmember Bakos from March 30 Council Meeting Now, therefore, be it resolved: That Councilmember Norman Bakos be excused from attendance at the stated meeting of March 30, 1993, due to absence from the city. ADOPTED. No. 178 By: Mr. Fahey Request Funding for DEC Wildlife Pathology Unit Whereas: Ward Stone is the Director of the NYSDEC Wildlife Pathology and Physiology Unit; and Whereas: Mr. Stone is respected throughout the state by environmental observers because he has taken courageous stands within his agency and has "told it like it is" on several occasions when his testing data has contradicted Department statements and policies; and Whereas: As a result Mr. Stone's budget has been consistently cut within DEC; and Whereas: Mr. Stone's work is important because by determining if wildlife around an environmental hazard is contaminated he exposes possible human health effects; and Whereas: Richard Brodsky, Chair of the Assembly Environmental Conservation Committee, has agreed to seek funding for Mr. Stone's Unit through a legislative add-on; Now therefore be it resolved, that: This Common Council supports a $250,000 add-on to the State Budget for toxicological testing for Ward Stone's DEC Wildlife Pathology and Physiology Unit; and Be it further resolved, that: The City Clerk be directed to send certified copies of this resolution to Assembly Speaker Saul Weprin, to Senate Majority Leader Ralph Marino, to Chair of the Assembly Environmental Committee Richard Brodsky, and to the members of the WNY State Legislature delegation. ADOPTED. No. 179 By: Mr. Fahey Rescind Appointments to the Lead Action Task Force and allow alternates for some members Whereas: The joint city-county Lead Action Task Force has continued to play an important role in local lead abatement efforts; and Whereas: Some members have been unable to follow through on their commitment to the Task Force and as they have not been attending meetings, the Task Force has requested that their appointments be rescinded; and Whereas: In the interest of insuring a quorum, other Task Force members have requested that alternates be appointed for them to take their place when they are unable to attend meetings; and Now therefore be it resolved, that: This Common Council hereby rescinds the appointments of Dawn Schimke and James Jerge Jr. to the joint City-County Lead Action Task Force; and Be it further resolved, that: This Common Council appoints the following alternates who shall have voting rights and who will count toward a quorum in lieu of their corresponding Task Force members when they are unable to make meetings Theresa Winkelman Jose Pizarro Erie County Medical Center Hispanics United 462 Grider Street 254 Virginia Street Buffalo, New York 14215 Buffalo, NY 14201 For: Dr. Melinda Cameron For: Andres Garcia Leslie Vasquez Mary Hill Citizen Action 143 Blaine 433 Franklin Street Buffalo, NY 14208 Buffalo, NY 14202 For: Florence Johnson For: Crystal Peoples Barbara Longacre Vivian Turner Develop. Disabilities Prog. St. Augustine's Center 1219 North Forest Road 1600 Fillmore Avenue Williamsville, NY 14221 Buffalo, NY 14211 For: Joan Edwards For: Marion Hyman ADOPTED. No. 180 By: Mr. Franczyk Rescind Appointments Radio Advisory Committee Whereas: The Buffalo Common Council has established a Radio Advisory Committee to grade radio stations and make recommendations to the Council; and Whereas: This committee has been meeting on a monthly basis to discuss or make their recommendation to the Council; and Whereas: The ability to make good recommendations to the Council depends in part on the attendance of all individual volunteers at their monthly meetings; Now, therefore, be it resolved: That the Buffalo Common Council rescind the following appointees to the Radio advisory Committee effective March 23, 1993. Michael Moran Mark Drost 14 Regan Street 391 Ellicott Street Buffalo, New York 14042 Buffalo, N. Y. 14203 Artie Kwitchoff John Lombardo 212 Norwood Ave. 149 Gelston Street Buffalo, NY 14222 Buffalo, NY 14213 Anthony Marfione 100 Theater Place Buffalo, NY 14202 ADOPTED. No. 181 By: Messrs. Franczyk, Coppola and Amos Council Commitment to Reduce Deficit Whereas: It has been estimated that the City of Buffalo will face a $24.7 million deficit in the 1993-94 fiscal year; and Whereas: The Buffalo Financial Plan Commission has recommended that the city fill that gap by making $14.4 million in spending reductions and revenue increases, and by asking New York State to provide a one-time bridge grant of $10.3 million; and Whereas: After reviewing the specific recommendations made by the Commission, a tentative package of $14.8 million in spending cuts and revenue increases was prepared for consideration by the Common Council; and Whereas: While many members of the Council are very supportive of the effort to attain this goal, they are reluctant to commit to such explicit measures at this stage; and Whereas: Not only are there questions about the revenue and savings estimates as well as the feasibility and advisability of the proposals, but the city is a little more than a month away from the initiation of the city's formal budget process; and Whereas: In addition, much dialogue has been taking place in recent months, particularly the unprecedented discussions that are going on with city unions, that offer great promise of developing alternative money-saving proposals that may be augment the suggestions that are currently being considered; and Whereas: The real decisions regarding structural changes in the budget will take place in May, when the Mayor will present his proposed budget and the Council will have three weeks to make changes it deems appropriate; and Whereas: To this point, the Council has refrained from making any firm commitment to the implementation of specific budgetary items it deems might compromise its ability to fashion the best possible spending plan for the 1993-94 fiscal year; NOW, THEREFORE BE IT RESOLVED: That this Common Council commit to the inclusion of a combined package of spending cuts and revenue increases of at least $14.8 million in the city's 1993-94 budget; and BE IT FURTHER RESOLVED: That the Council agree to determine the specific measures for attaining this savings during the formal budget process, based upon previous recommendations as well as any new proposals that may be presented; and BE IT FURTHER RESOLVED: That this Council also request the Governor and the New York State Legislature to provide a special one-time appropriation of $10.3 million for the city's 1993-94 budget; and BE IT FINALLY RESOLVED: That the City Clerk be directed to forward certified copies of this resolution to the Governor, the Secretary of the State Senate, the Clerk of the State Assembly, and the Western New York delegation to the New York State Legislature. ADOPTED. AYES - AMOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 8. NOES - ARTHUR, BELL, COLLINS, PITTS - 4. No. 182 By: Mr. Higgins Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Edward Bednarz Claim for personal property damaged in the line of duty working for the City of Buffalo. $ 21.60 2. Irene Bryan Claim for loss of garbage can. $ 6.00 3. Joan Cavanaugh Claim for loss of garbage can. $ 10.00 4. Craig R. Chesbro Claim for loss of garbage can. $ 10.00 5. Mario DiBartolomeo Claim for loss of garbage cans. $ 20.00 6. William E. Geiger Claim for loss of garbage can. $ 10.88 7. Richard Gritzke Claim for loss of garbage cans. $ 26.00 8. Alfred E. Kaszuba Claim for loss of garbage can. $ 7.00 9. Marie F. Kelly Claim for loss of garbage can. $ 13.00 10. Gary and Diane Kozlowski Claim for loss of garbage can. $ 10.00 11. Rose Lang Claim for loss of garbage can. $ 9.50 12. Brian and Theresa McDaniel Claim for loss of garbage cans. $ 13.00 13. Helen Miranda Claim for clothing damaged in the line of duty at the Impound Garage. $30.00 14. Dasha Procyk Claim for loss of garbage can. $11.50 15. Cora Lee Smoot Claim for loss of garbage can. $ 7.00 16. Mamie Spiller Claim for loss of garbage can. $ 6.50 17. James Van Oss Claim for expenses incurred as the result of a City key breaking off and jamming in a lock at the Lafayette Ice Rink. $89.64 18. Bernadette Wheeler Claim for loss of garbage can. $12.00 19. Dora Wilson Claim for loss of garbage can. $9.50 20. Clyde Young Claim for loss of garbage can. $7.50 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 12 NOES- 0. No. 183 BY: Mr. Perla NORTH STREET - RETURN TO TWO-WAY TRAFFIC WHEREAS, Several Allentown Community groups have voiced a request that North Street return from a one-way to a two-way street; and WHEREAS, Returning North street to two-way traffic would better facilitate traffic to and from North street businesses, offices, and residences; and WHEREAS, Such a change would facilitate traffic to and from the Peace Bridge as well as helping to alleviate congestion on Allen Street during morning rush hour and on all adjacent streets after events at Kleinhans Music Hall; and WHEREAS, Such a change would reduce response time for emergency vehicles; and BE IT RESOLVED, THAT The Department of Public Works initiate the appropriate actions necessary to return North Street to a two-way street; and BE IT FURTHER RESOLVED, THAT That the Department of Public Works also initiate the appropriate actions necessary to assess the traffic flow impact upon the adjoining streets, and BE IT FINALLY RESOLVED, THAT In anticipation of the significant increase in traffic throughout the Allentown area due to the World Games the Department of Public Works complete this change by July l, 1993. ADOPTED. AYES - AMOS, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI - 7. NOES - ARTHUR, BELL, FAHEY, LOTEMPIO, PITTS- 5. No. 184 By: Mr. Perla Authorize Retention of Grant-In-Aid Funds by West Side Community Services Whereas: West Side Community Services is a multi purpose Human Service Community Center serving the residents of Buffalo's West Side; and Whereas: West Side Community Services was awarded a Grant-In-Aid of $8,950.00 from the City of Buffalo in fiscal year 1991-92 to support its youth recreation program from which a balance of $1,781.63 remains; and Whereas: The funding was never fully expended due to a change in personnel at the position of Executive Director and a vacancy in the position of Youth Coordinator; and Whereas: Item #5 of the Grant-In-Aid contract between the City of Buffalo and West Side Community Services allows for grantees to retain unexpended grant-in-aid funds, subject to approval of this Common Council, if returning the money would prove to be a hardship to the organization; and Whereas: West Side Community Services is seeking approval from the Common Council to retain the $1,781.63 for maintenance of its youth program; Now, Therefore, Be It Resolved: That this Common Council finds that it would be a hardship for West Side Community Services to return the group's 1991-92 Grant-In-Aid surplus; and Be It Further Resolved: That this Honorable Body authorizes West Side Community Services to retain the 1991-92 Grant-In-Aid surplus for use in fiscal year 1992-93 provided the balance is expended by June 30, 1993. ADOPTED. No. 185 By: Mr. Perla Authorize Acceptance of NYS EQBA Grant Kleinhans Music Hall Whereas, the provisions of the Environmental Quality Bond Act of 1986 and implementing provisions set forth in Title 9 of Article 52 of the Environmental Conservation Law makes funds available to PARKS for the preservation and protection of historic properties through, and in conjunction with, local government and not-for-profit corporations; and Whereas, PARKS has awarded a $50,000 EQBA Historic Preservation matching grant to the City for the restoration of free-standing, exterior perimeter retaining walls and planters at Kleinhans Music Hall; and Whereas, the City of Buffalo desires to cooperate with PARKS and will make available $70,000 in matching funds from existing City of Buffalo bond funds; and Whereas, the EQBA grant funds will come to the City on a reimbursement basis. Now, therefore, be it resolved by the Common Council of the City of Buffalo that: The Mayor be, and hereby is, authorized on behalf of the City of Buffalo to accept the grant award tendered by the New York State Office of Parks, Recreation and Historic Preservation; The Mayor is authorized to enter into all necessary agreements and contracts to assure the prompt and expeditious implementation of said project; The Mayor is further authorized to execute such other actions as may be necessary to effectuate the purpose of the grant, and this resolution; The City Comptroller of the City of Buffalo be directed to establish a receivable account in City Bond Fund Account No. 200-402-098, which shall be for the receipt of the EQBA grant funds from the New York State Office of Parks, Recreation and Historic Preservation; and The City Comptroller be directed to arrange an interfund cash loan for the purpose of administering the aforementioned grants since said grant will be received on a reimbursement basis. ADOPTED. No. 186 By: Mr. Pitts Hearing on TCI Rechanneling Whereas: TCI of New York, Buffalo's cable television operator, recently implemented a reconfiguration of its channels; and Whereas: That action has apparently come as a result of the company's decision to offer a "lifeline" basic cable service for the first time since it has been operating in the City of Buffalo; and Whereas: The rechanneling has been a inconvenience to TCI subscribers, who had a channel reconfiguration as recently as October 1992; and Whereas: It is an even greater hardship for the many customers whose television sets are only capable of receiving 46 or fewer channels, since they are now unable to receive the same programming without an additional expense; and Whereas: Many of the changes are difficult to comprehend, particularly the placement of seldom-viewed programming on the lower channels while moving popular programming to higher channels; and Whereas: For example, TCI has left open channels on 20, 21 and 22 as "reserved for future use," and used channels 13 and 19 for "Sneak Prevue" channels that advertise pay-per-view programming; and Whereas: At the same time, popular offerings like ESPN and Family Channel are positioned at channels 48 and 47, respectively, and are therefore beyond the reach of many subscribers unless they rent a converter from TCI for $4.50 a month, buy a converter, or buy a new television set; NOW, THEREFORE BE IT RESOLVED: That the Common Council's Special CATV Committee hold a public hearing to elicit comment on the recent rechanneling by TCI of New York as part of its meeting to be held on Thursday, April 15, 1993 at 10:00 AM in City Hall Room 1417. ADOPTED. No. 187 By: Mr. Pitts Objectionable programming on public access channel Whereas: On Monday March 22, 1993 a program was telecast on the public access channel which contained material that viewers have termed "obscene" and "pornographic;" and Whereas: The portrayal of oral sex between a man and a woman was seen on the public access channel, channel 18, at about 10:35 PM, and has understandably provoked a great deal of outrage from cable subscribers; and Whereas: The public access channel is operated by Buffalo Cable Access Media (BCAM), an independent not-for-profit corporation, through a contract with the City of Buffalo; and Whereas: Efforts should be undertaken to determine how such obviously obscene programming could appear on the public access channel, and what can be done to prevent the telecast of any other such objectionable programming in the future; NOW, THEREFORE BE IT RESOLVED: That Buffalo Cable Access Media (BCAM) and TCI of New York be requested to submit reports on how the incident occurred, and what corrective action can be taken to prevent another such occurrence; and BE IT FURTHER RESOLVED: That the Corporation Counsel be requested to draft language amending the contract between the City of Buffalo and BCAM which would ensure that programming which is clearly obscene will not be telecast on the public access channel. ADOPTED. No. 188 By: Mr. Pitts Maintain Delaney clause which prohibits cancer causing pesticides in food Whereas: A recent federal court ruling requires EPA to begin enforcing a 1958 law (the Delaney Clause) prohibiting cancer-causing pesticide residues in processed food; and Whereas: EPA is seeking comments on how to regulate cancer causing pesticides and may ask Congress to relax food safety standards in the Delaney Clause; and Whereas: Flour, bran, orange juice, tomato sauces and ketchup, raisins, tea, potato chips and certain oils are some of the processed foods that currently contain residues of cancer-causing pesticides that may be affected by the court ruling; and Whereas: Sixty eight pesticides used on food are suspected or known to cause cancer, with 2,500 specific food uses allowed for these chemicals; and Whereas: Many of the cancer-causing pesticides used on our food are used unnecessarily or for cosmetic purposes only; and Whereas: There are least-toxic and cost effective methods of pest control available for many crops, but far too few farmers know about or use these techniques; and Whereas: When we accept cancer-causing pesticide residues in our food, we encourage an agricultural system that exposes farm and manufacturing plant workers and rural residents to cancer risks far greater than those posed to consumers; and Whereas: By setting a zero tolerance for cancer-causing pesticide residues in our food supply, we provide an incentive to find better technology to improve the safety of our food and our entire agricultural system; Now therefore be it resolved, that: This Common Council urges Congress and the USEPA to strengthen, not relax, food safety standards regarding cancer-causing chemicals and specifically requests that the Delaney Clause not be weakened; and Be it further resolved, that: This Council urges the federal government to provide more funding for research on least-toxic and non-chemical alternatives to pesticides and for support of farmers making the transition to reduced pesticide use; and Be it finally resolved, that: The City Clerk be directed to send certified copies of this resolution to President Clinton, to the Western New York Congressional delegation, and to EPA Administrator Carol Browner c/o Public Response and Program Resources Division, Field Operations Division (H7506C), Office of Pesticide Programs, 401 M St. SW, Washington DC 20460, (Document control #OPP-260053). ADOPTED. No. 189 BY: Mr. Pitts NEW YORK STATE DIVISION FOR YOUTH PROJECTS WHEREAS: It is the intent of the Common Council of the City of Buffalo to establish a Youth Board, Youth Services and Recreation programs for the period of January l, 1993 through December 31, 1993. WHEREAS: The City of Buffalo is about to submit an application for such projects and programs to the New York State Division For Youth for its approval and as above, and to hereby subscribe to the New York State Division For Youth for partial reimbursement of funds expended on such projects and programs. NOW, THEREFORE, BE IT RESOLVED: That such application is in all respects approved and James D. Griffin, Mayor, City of Buffalo, is hereby directed and authorized to duly execute and present the said application to the New York State Division For Youth for its approval. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN RESOURCES. No. 190 By: Mr. Pitts SALARY ORDINANCE AMENDMENT 40 - DEPARTMENT OF PUBLIC WORKS 40-1 DIVISION OF ENGINEERING The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 40-1 Division of Engineering, under the subheading "Temporary Services as Required" which reads: 1 Master of the Fireboat Hourly $19.78 1 Marine Engineer Hourly $18.86 2 Assistant Marine Engineer Hourly $17.46 1 Marine Oiler Hourly $16.29 Employment in the above positions not to exceed March 31, 1993 is hereby amended to read: 1 Master of the Fireboat Hourly $19.78 1 Marine Engineer Hourly $18.86 2 Assistant Marine Engineer Hourly $17.46 1 Marine Oiler Hourly $16.29 Employment in the above positions not to exceed April 30, 1993. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F. KEENAN, Director of the Budget, hereby certify that the extension of time for the above positions from March 31 to April 30, 1993 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. APPROVED AS TO FORM LAURENCE K. RUBIN Corporation Counsel PASSED. AYES - 12 NOES- 0. No. 191 By: Mr. Pitts ESTABLISH LABOR-MANAGEMENT COOPERATION PROGRAM Whereas: The blue and white collar unions, Local 264 and 650 have reviewed the Buffalo Financial Plan Commission's report, and have developed "A Program for Improving Buffalo", and Whereas: The unions have identified $8.5 million worth of increased revenues. They also have identified ways of fostering greater labor and management cooperation to save money, and Whereas: The report by the union recommends that the City develop (1) a joint committee on health benefits, (2) implement a quality management program that would become the basis for both labor and management establishing common management methods to improve productivity and efficiency, and Whereas: The union's plan also identifies a program sponsored by the Federal Mediation and Conciliation Service (F.M.C.S.) which offers grants of up to $100,000 to initiate cooperative labor management programs. Any programs would have to be submitted by June 1993, and Whereas: While the Buffalo Financial Plan Commission has recommended that the City privatize much of the City services provided by the unions, the unions have rejected this premise and deemed it more advantageous to work more cooperatively and efficiently together to solve the fiscal crisis. Now Therefore Be It Resolved That: The Common Council supports the Union's proposal to establish a Joint-Committee on Health Benefits and develop a quality management program. Further Be It Resolved That: The Common Council's Taylor Law Committee work with the City Administration, Comptroller and Unions to develop a cooperative Labor Management Program to be submitted to the Federal Mediation and Conciliation Service by June 1993. ADOPTED. No. 192 By: Mr. Pitts AFFIRMATIVE ACTION EMPLOYMENT HEARINGS Whereas: Within the next several years there will be a number of major development projects within the City of Buffalo. These projects will total at least half a billion dollars, and Whereas: These projects include the building of a new airport, the redevelopments of Roswell Park, Ellicott Mall, the proposed new Hockey Arena and Waterfront Redevelopment, and Whereas: The economic impact and importance of these projects is understood. Generally, however it is not clear how these projects will impact upon employment particularly in minority communities with the highest levels of unemployment, and Whereas: A recent report by the Buffalo Financial Plan Commission confirms beyond a doubt that the City of Buffalo is a poor city with unemployment rates at 12% to 25%, and Whereas: Numerous inquiries have been made about the number of jobs and Affirmative Action requirements for these projects. Now Therefore Be It Resolved That: The Common Council coordinate Hearings to allow for presentations on each project. Further Be It Resolved That: The Common Council review Affirmative Action requirements and work with each project to maximize the economic and employment benefits to the City. ADOPTED. No. 193 By: Mr. Zuchlewski Renew Negotiations on Teacher's Contract Whereas: The Board of Education has recently been ordered by the State Court of Appeals to execute the proposed union agreement with the Buffalo Teacher's Federation, and Whereas: This agreement which calls for a 35% cumulative increase over its four year term, and Whereas: It is estimated that this contract could cost as much as $125 million, and Whereas: There doesn't appear to be any source of funding for the implementation of this contract because of the slim prospect of increased state aid or aid from the City of Buffalo of this magnitude, and Whereas: The alternative to allocating additional funds to pay for the pay increases is to lay off an estimated 1,100 employees which would completely decimate the City of Buffalo school system, and Whereas: The most logical approach to this current crisis is to negotiate a fair and equitable settlement with the Buffalo Teacher's Federation that the City of Buffalo and School Board can reasonably afford, and Whereas: These negotiations should include the Buffalo School Board, the Buffalo Teacher's Federation, the Comptroller, the Mayor and the Common Council, Now, Therefore, Be It Resolved: That this Common Council officially call upon the Buffalo Board of Education and Buffalo Teacher's Federation to begin new negotiations on a fair an equitable agreement in order to resolve this crisis without further court action, and Be It Further Resolved: That these negotiations include representatives of the Comptroller's office, the Mayor, and the Common Council because of their obvious involvement in the fiscal stability of the City of Buffalo. ADOPTED. AYES - AMOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES - ARTHUR, BELL, PITTS- 3. No. 194 By: Mr. Zuchlewski Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Irene M. Bojarski Paul D'Orlando Curtis Lokey, Jr. Sherri A. McNair Wygenia H. Miles TOTAL: 5 ADOPTED. No. 195 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: Angela Y. Croxie Gena M. Goosman Sandra L. Marranca James C. Snyder TOTAL: 4. ADOPTED. No. 196 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, APRIL 6, 1993 9:30 AM Finance Tuesday, APRIL 6, 1993 Immediately Following Civil Service Legislation Tuesday, APRIL 6, 1993 2:00 PM Economic Dev. Wednesday, APRIL 7, 1993, 10:00 AM No. 197 Adjournment On a motion by Mr. Fahey, Seconded by Mrs. LoTempio the Council adjourned at 3:30 p.m. CHARLES L. MICHAUX, III CITY CLERK MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.