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HomeMy WebLinkAbout93-0413 No. 8 Common Council Proceedings of the City of Buffalo Regular Meeting, April 13, 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, April 13, 1993 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski- 13. ABSENT- None. On a motion by Mr. Fahey, seconded by Mr. Collins, the minutes of the stated meeting held on March 30, 1993 and the Special Session held on April 2, 1993 were approved. FROM THE MAYOR No. 1 Appointment of Members of Advisory 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 appoint the below listed persons as members of the Advisory Committee for People with Handicapping Conditions, effective March 31, 1993: EXPIRATION DATE Stephen Wixson 3/31/96 418 Beard Street Buffalo, 14214 Elizabeth Clark 3/31/94 715 Delaware Avenue Apartment 219 Buffalo, 14209 Elizabeth Clark will fill the unexpired term of Kris Ann Piazza. I hereby certify that the above listed persons are fully qualified to serve as members of the Advisory Committee for People with Handicapping Conditions. RECEIVED AND FILED. No. 2 Appointment of Member of Board of Heating Examiners Pursuant to the powers vested in me by Section 238-17 of Article II of Chapter 238 of the Code of the City of Buffalo, I hereby appoint Carl Yost, residing at 3 Tennessee Street, Buffalo 14204, as a member of the Board of Heating Examiners effective March 31, 1993, for a term expiring April 30, 1995. Carl Yost, a licensed heating contractor, will succeed Vincent DiRe whose term has expired. I hereby certify that Carl Yost is fully qualified to serve as a member of the Board of Heating Examiners. RECEIVED AND FILED. No. 3 Appointment of Member of Service Charge Review Board Pursuant to the powers vested in me by Section 586 of the Charter of the City of Buffalo, as amended, I hereby appoint William J. Jones residing at 77 Linwood Avenue, Buffalo - 14209, as a member of the Service Charge Review Board effective April 7, 1993 for a term expiring February 24, 1998. Mr. Jones will succeed Alfred R. Bourne whose term has expired. Born and raised in Buffalo, Bill Jones has been active in local real estate since 1981. Initially, he and partner Joe Petrella purchased and renovated older buildings in various areas of the city. In 1988, Jones, and Petrella in a partnership with Horace V. (Tino) Bellanca, established City Centre Development Company of Buffalo. The intent of the group was to renovate and restore the existing Nemmer Building at 600 Main Street. After several years of development, City Centre, of which Bill Jones serves as Managing Partner, began construction of the fourteen story City Centre Residential Condominium building. In addition to the forty-one residences, the building also includes approximately 25,000 square feet of retail/commercial lease space. Occupancy of the building will commence May 1 of this year. With the City Centre project moving well toward completion, Bill and his partners are working and planning additional residential developments for downtown. The group's "mission" is to provide a mix of residential housing in and around downtown Buffalo, thereby creating a new neighborhood of downtown residents. I hereby certify that William J. Jones is fully qualified to serve as a member of the Service Charge Review Board. RECEIVED AND FILED. No. 4 Appointment of Member of Buffalo Preservation Board Pursuant to the powers vested in me by Article II, Section 337-3, Part II of the Code of the City of Buffalo, I hereby appoint, subject to confirmation by Your Honorable Body, Brian P. Brady, A.l.A., residing at 96 Linden Avenue, Buffalo - 14214, as a member of the Buffalo Preservation Board effective April 2, 1993 for a term expiring August 31, 1995. Brian P. Brady will succeed Theodore Lownie whose term has expired. Brian P. Brady, A.l.A. is a registered architect employed by Wendel Engineers/Architects of 95 John Muir Drive, Amherst- 14228. He earned a Bachelor of Architecture at the University of Toronto, Ontario, Canada and a Master of Architecture from SUNYAB. Brian is very active in many professional and community organizations: - American Institute of Architects - Leadership Buffalo, Class of 1993 - Rotary Club of Buffalo - New York State Association of Architects - Association of Manufacturing Excellence - Buffalo Zoological Gardens, Board of Directors I hereby certify that Brian P. Brady, A.l.A. is fully qualified for appointment to the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 5 Administration Commitment to Spending Cuts And Revenue Increase Item # 165, C.C.P., March 30, 1993 The above referenced item requests me to provide "a report detailing all projected revenues and spending cuts that will be included " in my 1993-94 recommended budget. On March 15, 1993, I traveled to Albany to lobby for State aid and invited Comptroller Giambra, Council President Arthur, and Councilman Pitts to accompany me. Although the weather prevented Mr. Arthur and Mr. Pitts from making the trip I provided them (and Council Chief of Staff LoVallo) with copies of my proposed plan to close Buffalo's 1993-94 budget gap. The plan included a listing of projected revenue increases and spending cuts. Before and during my trip to Albany, Commissioner Planavsky participated with Council Majority Leader Fahey and other Council members in a review of the recommendations of the Buffalo Financial Plan Commission (BFPC). Commissioner Planavsky explained the similarities and differences between my plan and the BFPC recommendations. Currently the City Budget Division is involved in the complex and time consuming task of putting together my recommended budget. With the benefit of additional information and analysis, it is inevitable that certain modifications in my original projections will take place. These will be carefully explained in my recommended budget. I will unveil my 1993-94 recommended budget in just over three weeks. It is necessary at this late date that Budget staff focus on the main task of preparing my recommended budget. Therefore, I cannot provide the detailed status report on the budget you requested in the above referenced resolution. REFERRED TO THE COMMITTEE ON FINANCE. No. 6 Home Rule Message Discontinue Use- Portion Tyler Park I hereby request Your Honorable Body to pass a home rule message in support of State legislation authorizing the City of Buffalo to discontinue the use as parkland of a portion of Tyler Park. The purpose is to convey the portion of land to the American Legion Post # 64 for the purpose of accommodating handicapped access to the buildings of the post. Your Honorable Body previously memorialized the State Legislature for the above legislation which was sponsored by Senator Stachowski and Assemblyman Keane. The bill numbers are 51132 and A1927. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 7 Family Restaurant of Buffalo - Request to erect an accessory pole sign at 1092-1108 Broadway Item No. 73, C.C.P., March 2, 1993 The City Planning Board at its regular meeting held Tuesday, April 6, 1993, considered the above request pursuant to Section 387-19 and Section 511-135 of the Buffalo Code, Review of Pole Signs and Sign Provisions of the Broadway-Fillmore Urban Renewal Area. The applicant seeks to erect a 25 foot tall, illuminated, accessory pole sign with a sign face area of 98 square feet (7 feet by 11- feet). The sign is located in the Broadway-Fillmore Urban Renewal Area which prohibits freestanding signs. The applicant, however, has been granted a variance from the Zoning Board of Appeals for the sign. 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. RECEIVED AND FILED. No. 8 T. Hyland - Request to Rezone 73 Holt St. from M1 to R2 Item No. 98, C.C.P., March 30, 1993 The City Planning Board at its regular meeting held Tuesday, April 6, 1993 considered the above petition pursuant to Section 511-126 of the Buffalo Code, Amendments to the Zoning Ordinance. The applicant seeks to rezone his property from M1 to R2 In order to secure a Home Equity Loan for his existing two-family dwelling. The property in question is a through lot which fronts on both 73 Holt Street as well as Lyman Street to the south. Under S.E.Q.R., the proposed rezoning is considered a type II action which does not require further environmental review. The Planning Board voted to approve the rezoning petition. RECEIVED AND FILED. No. 9 J. Gershberg - Request to Place a Sidewalk Cafe in the Right-of-Way at 5 Genesee St. Item No. 43, C.C.P., March 30, 1993 The City Planning Board at its regular meeting held Tuesday, April 6, 1993 considered the above request pursuant to Section ill 3-59 of the Buffalo Code, Review of Sidewalk Cafes. The applicant seeks to place a 15 foot by 30 foot cafe entirely in the right-of-way of Genesee Street which is now incorporated into Theodore Roosevelt Plaza. The sidewalk cafe will abut the restaurant and will not be delineated by any railing or other device. The site is located in the DO zone which encourages such uses. The cafe has also been reviewed and endorsed by Buffalo Place Inc. Under S.E.Q.R., the cafe may be considered a type II action which does not require further environmental review. Lastly, the Department of Public Works has recommended that your Honorable Body grant a mere license for the cafe. The Planning Board voted to approve the proposed cafe as presented with the following conditions: 1. that the cafe is situated so as to abut the restaurant which it serves; 2. that the cafe be kept free of litter; 3. that no music be played in the cafe area; 4. that the cafe be opened no later than 11:00 p.m. daily. RECEIVED AND FILED. No. 10 Wilcox Bros. Sign Request to Encroach the Right-of-Way of 1371-1379 Main (corner E. Utica) with an Awning Item No. 45, C.C.P., March 30, 1993 The City Planning Board at its regular meeting held Tuesday, April 6, 1993 considered the above request pursuant to Section ill 3-56 of the Buffalo Code, Encroachment Regulations. The applicant seeks to erect an awning which will measure 5 feet in height and will project 2 feet into the right-of-way of Main Street and East Utica Street. The site is located in the TS zone which is silent on the placement of awnings. Under S.E.Q.R., the proposed awning may be considered a type II action which does not require further environmental review. The Department of Public Works has recommended that your Honorable Body grant a mere license for the proposed awning. The Planning Board voted to approve the proposed awning. RECEIVED AND FILED. No. 11 F. Alkhatib - Request to Encroach the Right-of-Way at 862 Fillmore Avenue with a Sign Item No. 42, C.C.P., March 30, 1993 The City Planning Board at its regular meeting held Tuesday, April 6, 1993, considered the above request pursuant to Section 413-67 of the Buffalo Code, Review of Encroachments. The applicant seeks to place a 4 foot by 5 foot (20 square feet) yard-arm type sign which will encroach 4 feet into the right-of-way. The Department of Public Works has recommended that your Honorable Body grant a mere license for the encroachment. Under S.E.Q.R., the proposed sign may be considered a Type II action which does not require further environmental review. The Planning Board voted to approve the sign encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 12 W. Julicher - Request to Encroach the Right-of-Way at 1346-1348 Kenmore Ave. with a Pole Sign and Two Light Standards Item No. 44, C.C.P., March 30, 1993 The City Planning Board at its regular meeting held Tuesday, April 6, 1993 considered the above request pursuant to Section 413-67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to legalize an existing pole sign and two light standards. The sign measures 18 feet in overall height. It has an illuminated sign face area of approximately 30 square feet. The two light standards which flank the sign are 20 feet in overall height. Both the sign and the light standards were built on a strip of land which is owned by the City and reserved for highway purposes (i.e. the widening of Kenmore Ave.). The site is used as an auto sales lot. Although the site is located in an R3 zone, which does not permit such uses, the auto sales operation is considered a legal non conforming use by the Zoning Board of Appeals. The Department of Public Works has recommended that your Honorable Body grant a mere license for the encroachment. Under S.E.Q.R., the encroachment is a type II action which does not require further environmental review. The Planning Board voted to approve the existing encroachments while noting that it has concerns about the lack of screening for the parked cars on the lot, as well as the use of the front yard for parking. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR'S OFFICE FOR SENIOR CITIZENS No. 13 Certificate of Appointment Appointment effective March 30, 1993 in the Department of Executive, Division of Mayor's Office for Senior Citizens, Louise J. Evans, 163 Dearborn St., Buffalo, 14207, to the position of Senior Citizen Aide, Provisional, at the starting salary of $19,518. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO ARTS COMMISSION No. 14 F.Y. '93-'94 Arts and Cultural Grants-in-Aid Funding Recommendations Please find attached this year's funding recommendations for Arts and Cultural Grants-in-Aid in F.Y. '93-'94 from the Arts and Cultural Funding Advisory Committee. Pursuant to the City Ordinance which established the Committee, the Arts Commission transmits these recommendations "with or without comment" to the Administration and Common Council [City Code: Chpt. 6, Article V, Sec. 6-30). Following an informative presentation from and productive exchange with this year's Chairman, Gary L. Mucci, the Arts Commission unanimously voted its acceptance of these recommendations and offers its comment as follows: In recognition of the financial condition of the City, the Committee approached its task this year with the realistic aim of keeping its recommendations within the fiscal parameters set by the Administration and Council. As your Honorable Body will recall, last year's appropriation for Grants-in-Aid resulted in a substantial cut of 75% across the board. The Mayor and Council leadership have indicated that maintaining aggregate funding in F.Y. '93-'94 at this reduced level represents a reasonable opportunity for continuation. It also appears that the Financial Planning Commission's report assumes the status quo in this area of the City budget. Hence, the Committee's total recommendation of $330,800 for '93-'94 very closely parallels the F.Y. '92-'93 total appropriation of $321,727; the difference of $9,073 translates into an increase just under 3%. In endorsing the specific allocations of limited funds available, the Arts Commission commends the Committee for staying a realistic and responsible course but wants to go on record stating its conviction that the continued viability of these organizations requires a larger measure of support from our City in the future. The overall quality of life in Buffalo is materially enhanced by contributions made by these organizations to the cultural life of the City. Finally, the Arts Commission repeats its prior recommendation that public budget hearings held by the Committee on February 26 and March l, 1993 in Room #1417 afford ample opportunity for dialogue with applicants and that it is unnecessary and duplicative to hold hearings twice. In response to Your Honorable Body's inquiry the Corporation Counsel has advised your Honorable Body that the City Charter contains no requirement for Council hearings on Grants-in-Aid requests, although its certainly the Council's prerogative to do so. Gary Mucci, Chairman of the Arts and Cultural Funding Advisory Committee, Nan Clarkson, Chair of the Arts Commission, and I would be pleased to appear before your Honorable Body or its Committee of the whole in lieu of public budget hearings to present the attached recommendations, explain their rationale and answer any questions. Thank you. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 15 Commemorative Plaques for Delaware Park C.C.P. #168; Dec. 13, 1983 C.C.P. #97; April 14, 1992 Following resolutions passed by Your Honorable Body, the promenade and lake at Delaware Park were officially named "William L. Marcy Jr. Promenade" and "William B. Hoyt Lake" respectively. In recognition of these actions and in the laudable interest of providing the public with a lasting tribute to the accomplishments of Councilman William L. Marcy and Assemblyman William B. Hoyt two bronze plaques have been proposed for permanent installation in Delaware Park. This communication respectfully requests your Honorable Body's final approval of the text and location of each plaque to be fabricated and installed under the general supervision of this office in cooperation with the City Departments of Community Development, Public Works, and Parks. The Marcy and Hoyt families have reviewed each proposal developed with the assistance of Bette Blum, former Chair of the Delaware Park Steering Committee and aide to the late Assemblyman Hoyt plus Julia Marks also past Chair of the Delaware Park Steering Committee and aid to the late Councilman Marcy. Arrangements are being made to provide for the cost of these plaques from private sources. At its last regular meeting on March 12, 1992 the Buffalo Arts Commission approved the text and locations described below and recommended that further approval be secured from Your Honorable Body prior to fabrication and installation. THE WILLIAM L. MARCY JR. PROMENADE AND CASINO In recognition of his conscientious and effective contribution toward the initiation and completion of these projects, and his devotion to the City of Buffalo, the Promenade and Casino are dedicated to 1.) William L. Marcy, Jr. DELAWARE DISTRICT COUNCILMAN 1977-1983 [To be mounted on the masonry surface of the Center stairwall on the north side of the Casino facing the Promenade) 2.) HOYT LAKE named in honor of ASSEMBLYMAN WILLIAM B. HOYT Whose dedication and vision during his twenty-two year career in public service helped preserve and beautify this lake for the residents of Western New York. The earth never offered man water as a gift Water was part of her It is her blood. -Michael Robinson, A Canadian Indian DELAWARE DISTRICT COUNCILMAN, 1970-1974 NEW YORK STATE ASSEMBLYMAN, 1975-1992 [To be mounted on a small granite block on the west end of the diamond shaped garden area directly east of the Lincoln Parkway stairs leading to promenade and lake) The present proposals are consistent with prior resolutions sponsored by Councilmembers Arthur and Keane in memory of William Marcy and Councilmember Fahey in memory of William Hoyt. With your Honorable Body's approval, plans call for completion during this summer of 1993. I am available to answer any questions. Mr. Fahey moved: That the communication from the Buffalo Arts Commission, dated April 5, 1993, be received and filed; and That the texts and locations of the bronze plaques to be installed in Delaware Park for the "William L. Marcy Jr. Promenade" and the "William B. Hoyt Lake", as more fully described in the above communication, be and hereby are approved. ADOPTED. FROM THE COMPTROLLER No. 16 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items Reserve for Capital Improvements Civil Service Commission 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 $2,000 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amount to be transferred is an unexpended balance of an item 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, April 7, 1993 RECEIVED AND FILED. No. 17 Certificate of Necessity Transfer of Funds Appropriation Allotments Data Processing Comptroller We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sums of $10,000 be transferred and reappropriated from the 04-0-002 Data Processing account for regular salaries, as set forth below: The amount to be transferred is an unexpended balance of an item contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which it was appropriated. Dated: Buffalo, New York, April 5, 1993 RECEIVED AND FILED. No. 18 Certificate of Necessity Transfer of Funds Appropriation Allotments Enterprise Fund - Water - Department of Water We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $393,769 be transferred and reappropriated from Various accounts in Appropriation Allotments Enterprise Fund - Water 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 Capital Budget Amendment Authorization For Additional Capital Indebtedness We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July l, 1992 for the ensuing fiscal year, by adding the following items: DATED: Buffalo, New York, April 8, 1993 RECEIVED AND FILED. No. 20 Proposal for City and Board of Education to Bond Out Balance Due on Pension Liability My office has reviewed Commissioner Planavsky's communication to your Honorable Body regarding the sale of Bonds to prepay our pension liabilities and agree that the amendments to increase the 1992-93 Capital Improvements Budget are necessary at His time. My office will be able to submit bond resolutions to your Honorable Body at the next Common Council meeting. The resolutions will authorize the City & Board of Education to sell bonds to prepay our pension obligations to the State Retirement Systems and allow us to take advantage of low interest rates that currently exist in the bond market. The City has the possibility of saving approximately $3.0 million over the next 13 fiscal years by prepaying its pension obligations to the Police & Fire and Employees Retirement Systems and the Board can save approximately $.8 million over the next 13 fiscal years by prepaying its pension obligation to the Employees Retirement System. An analysis to prepay the pension obligation for the Teachers Retirement System will need further refinement to determine Potential savings to the Board. The savings, excluding the Teachers Retirement System prepayments, are structured to save the City approximately $1.4 million in the 1993-94 fiscal year, the Board approximately $.3 million in the 1993-94 fiscal year and in no year will there be "negative" savings. The analysis uses interest rates that exist in today's bond market. The analysis also is contingent on the City being able to obtain bond insurance for the bonds that we would issue. If interest rates increase or bond insurance is not secured, the bonds will not be sold. If you approve the Capital Budget Amendments, Bond Resolutions can be submitted for the meeting of April 27th and the Resolutions can be approved the meeting of May 11th. After the Mayor signs the Resolutions, we then must wait 50 days before the Bonds are legal to sell. The Bonds will be legal to sell around the middle of July. The current plan is to market the bonds as soon as possible and prepay the State Retirement Systems as soon as possible. We would not be paying the State the 8.75% interest rate at this time but we would pay bondholders a projected 7.03% over the life of the bonds. The approval of these Capital Budget Amendments is the first step in allowing the City & Board of Education to take advantage of potential substantial savings over a number of years as described in Commissioner Planavsky's communication. Any delay in the approval of these Amendments may have an affect on potential savings if interest rates move upward before we can market the bonds. RECEIVED AND FILED. No. 21 Bailey Kensington Kiwanis Club Use Agreement 889 Kensington Avenue The Office of the Comptroller, Division of Real Estate, has received a request from the Bailey-Kensington Kiwanis Club, 451 Mt. Vernon Road, Buffalo, New York to once again use the above mentioned property for a Fun Fair for the period of July 19th through and including July 26th, 1993. Your Honorable Body approved a similar request last year and authorized the Corporation Counsel's office to enter into an agreement for said use of the property for $1.00. Bailey-Kensington Kiwanis club shall be solely responsible for the maintenance of the property grounds including keeping the property free from debris and litter, to the satisfaction of the City of Buffalo, at the conclusion of the said use. The Kiwanis club will also hold the City of Buffalo, its officers, agents and employees harmless, from all claims which could arise from their use of said parcels. The Kiwanis club shall provide at their expense a policy of general liability insurance with the City as additional insured, in the amount of $1,000,000 for bodily injury and $50,000 for property damage. Therefore, I am recommending that Your Honorable Body approve the use agreement between the City of Buffalo Bailey-Kensington Kiwanis Club for the above mentioned property. I am also recommending that Your Honorable body authorize the Corporation Counsel's office to prepare said use agreement and that the Mayor be and hereby is authorized to execute said use agreement. Mr. Fahey moved: That the communication from the Comptroller, dated April 1, 1993, be received and filed; and That the request of the Bailey-Kensington Kiwanis Club, to use 889 Kensington Avenue, for a Fun Fair July 19 through and including July 26th, 1993, for $1.00 (One Dollar) is hereby approved and the Corporation Counsel is hereby authorized to prepare an agreement and the Mayor to execute said agreement, to include the following conditions: 1. That the Bailey-Kensington Kiwanis Club be solely responsible for the maintenance of the property grounds including keeping the property free from debris and litter, to the satisfaction of the City of Buffalo, at the conclusion of the said use. 2. That the Kiwanis Club will also hold the City of Buffalo, its officers, agents and employees harmless, from all claims which could arise from their use of said parcels. PASSED. AYES- 13 NOES- 0. No. 22 Lease Agreement Penn Advertising This office, through the Division of Real Estate, has received a new lease proposal from Mr. Steven J. Peterson of Penn Advertising/Buffalo Division, 295 Maryland St., P.O. Box 54, Buffalo New York, 14240. Their lease expired November 1st, 1992. That lease agreement involved 12 locations having a total of 30 - 12'x 25' Poster Panels and l - 14'x 48' Painted Panel. Their total lease payment annually was $22,700. In their new proposal, Penn Advertising is to pay the City of Buffalo $26,105 annually, a 15% increase over their current lease agreement, and the new lease will have the same terms and conditions as the previous lease. I am attaching a copy of the lease proposal and locations for your review. Our review of the lease indicates that the proposal complies with all applicable City Code requirements and fee's as outlined in Chapter 133 Article l of the City Charter. Therefore, should Your Honorable Body approve the above, I am recommending that you authorize the Corporation Counsel to prepare a new lease agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 23 Lease Renewal West Side Community Services 161 Vermont Street - Former School 49 Item # 181, C.C.P. 11/15/88 In the above item Your Honorably authorized a lease between the Massachusetts Community Center and Development Corporation, d.b.a. West Side Community Services. Said lease was for use of the building except for the areas remaining with the Mayor's office for senior citizens, for a period of five years. The term of the lease shall expire on March 31st, 1993. Other terms of the lease included no payment of any fee for use of the center; renewal of the lease agreement for an additional one year, to a maximum of nine such renewals with the consent of both parties; WFCS shall provide one-half of the payment for utility expenses for the entire premises including gas, electricity, oil, water and sewer charges; the City shall be liable for the remaining one-half of such expenses; WSCS will indemnify and save harmless the City from all personal injury and property claims and shall furnish and provide to the City proof of indemnification and liability insurance with limits of at least $500,000 per occurrence. It should be noted that WSCS's policy currently contains limits of $2,000,000. This office, through the Division of Real Estate, has received a request from WSCS to renew their current lease agreement for an additional one year period to commence on April 1st 1993 and to expire on March 31st, 1994. This will be the first renewal of the nine year renewal period. Therefore, this office has no objection to the renewal of said lease agreement provided Your Honorable Body approves their request to renew their lease for an additional one year period. Mr. Fahey moved: That the communication from the Comptroller, dated March 31, 1993, be received and filed; and That the Comptroller be and hereby is authorized to renew the lease with the Massachusetts Community Center and Development Corporation, d.b.a. West Side Community Services for the use of the building at 161 Vermont Street, Former School 49 except for the areas remaining with the Mayor's Office for Senior Citizens, for a one year period, to expire on March 31, 1994. PASSED. AYES- 13 NOES- 0. No. 24 Lease Renewal Faith Baptist Church Humboldt Pkwy., E 265' S Northland Lot Size: 60' x irregular Item #31, C.C.P. 5/24/88 The Office of the Comptroller, Division of Real Estate has received a request from Mr. Clarence Stafford, Chairman, Board of Trustees, Faith Baptist Church, 626 Humboldt Parkway, Buffalo, New York 14211, to renew their present lease agreement for the above captioned property. Faith Baptist Church would like to continue to provide a play area for their day care center per their previous lease agreement which was approved by the Common Council, resolution #31, C.C.P. 5/24/88. The lease renewal will run for a term of five years commencing on July 1st, 1993 and expire on June 30th, 1998, and is subject to the right of the City of Buffalo to cancel the lease upon a 30 day written notice, in the event the City has a need for the property for other uses. A rental fee of $1 a year should be granted to Faith Baptist Church. Insurance has been provided saving the City of Buffalo harmless from any liability as set forth in Item #197, C.C.P. 3/31/87. I am recommending that your Honorable Body approve the renewal of said lease upon the same terms and conditions as set forth in their current lease. I am further recommending that your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated March 31, 1993, be received and filed; and That the Comptroller be and hereby is authorized to renew the lease with Mr. Clarence Stafford, Chairman, Board of Trustees, Faith Baptist Church, 626 Humboldt Parkway, for the use of said property, for a five year period, to commence on July l, 1993 and expire on June 30, 1998, at a rental fee of $1.00 (One Dollar) a year, subject to the right of the City of Buffalo to cancel the lease upon a thirty day written notice, and with the lessee to save the City harmless from any liability and to provide insurance therefor as set forth per Item No. 197, C.C.P., 3/31/87, and the Law Department is hereby authorized to prepare the necessary lease renewal and the Mayor is authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 25 Results of Negotiations 577 High, S W Corner Sherman Vacant Lot: 24' x 105' Assessed Valuation: $1,100 Item No. 13, C.C.P. 2/16/93 In the above referenced Item Your Honorable Body authorized this Office, through the Division of Real Estate, to negotiate a private sale with Ms. Bernice Hall residing at 575 High Street, Buffalo, New York 14204. Ms. Hall intends to purchase 577 High, which is adjacent to her residence, for expansion of her yard area. An independent appraisal of the property was conducted by J. H. white Realty, 537 Humboldt Pkwy., Buffalo, New York 14208. He has estimated the fair market value of the subject property to be One Thousand Dollars ($1,000). This represents about Forty Dollars ($40.00) a front foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the subject area and concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Hall has agreed and is prepared to pay One Thousand Dollars ($1,000) for the subject property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 577 High Street to Ms. Bernice Hall in the amount of One Thousand Dollars ($1,100). I am further recommending that Your Honorable Body authorize the Office of Corporation Counsel to prepare the necessary documents for closing and authorize the Mayor to sign the necessary documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated April 2, 1993, be received and filed; and That the offer of Ms. Bernice Hall, 575 High Street, in the sum of $1,000.00 (One Thousand Dollars) to purchase the property described as 577 High Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted and the Corporation Counsel to prepare the necessary documents for closing of such property. PASSED. AYES- 13 NOES- 0. No. 26 Results of Negotiations 275 Jefferson, E 209.50' S Howard Vacant Lot: 34' x 110' Assessed Valuation: $1,870 Item No. 93, C.C.P. 9/15/92 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Kaled M. Hassan to purchase 275 Jefferson Avenue. Mr. Hassan intends to upkeep this property which adjoins his retail store. An independent appraisal of the property was conducted by Tom Evege, Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated the fair market value of the subject property to be One Thousand One Hundred and Fifty Dollars ($1,150). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Hassan has agreed and is prepared to pay Eleven Hundred and Fifty Dollars ($1,1500) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 275 Jefferson Avenue to Mr. Kaled M. Hassan of 2289 Fillmore Avenue, Buffalo, New York 14214 in the amount of Eleven Hundred and Fifty Dollars ($1,150). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary closing documents and authorize the Mayor to sign the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated April 2, 1993, be received and filed; and That the offer of Mr. Kaled M. Hassan, 2289 Fillmore Avenue, in the sum of $1,150.00 (One Thousand One Hundred and Fifty Dollars) to purchase the property described as 275 Jefferson, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted and the Corporation Counsel to prepare the necessary documents for closing of such property. PASSED. AYES- 13 NOES- 0. No. 27 Results of Negotiations Abandonment and Sale Portion of 807 Tonawanda Street - 8' x 140' Item No. 20, C.C.P. 11/24/92 In the above captioned Item Your Honorable Body authorized this Office through the Division of Real Estate to negotiate a private sale with Mr. Robert A. Fiorella, who owns the property at 801-805 Tonawanda. Mr. Fiorella intends to expand his retail business and needs the land to conform with parking requirements. An independent appraisal of the property was conducted by Mr. Richard Bronstein, 3666 Main Street, Buffalo, New York 14226. He has estimated the fair market value to be Eleven Hundred Dollars ($1,100). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Fiorella has agreed and is prepared to pay Eleven Hundred Dollars ($1,100) for a portion of the property located at 807 Tonawanda Street. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the offer of Mr. Robert A. Fiorella in the amount of Eleven Hundred Dollars. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for closing and that the Mayor be authorized to sign the transfer of title. REFERRED TO THE COMMITTEE ON FINANCE. No. 28 Grant Easements 348 Austin Street Item #12, C.C.P., February 2, 1993 In the above referenced item, Your Honorable Body approved the sale of 348 Austin Street to Mr. Donald Scott, Jr. in the amount of $47,000. The Corporation Counsel's office has been advised by Mr. Andrew D. Yusick, attorney for the purchaser, that a recent survey shows that there is an encroachment of a fire escape up to 4.73 feet onto Joslyn Place and an encroachment of a part of the building up to 3.71 feet onto Austin Street. The Title Company is requesting that easements be granted for these two areas. The Department of Public Works has prepared a description of the two easements as follows: Parcel on Austin Street All that tract or parcel of land, situate in the City of Buffalo, County of Erie and State of New York being part of Lot 246 of the Parish Tract, so called, bounded and described as follows: Beginning at a point in the northerly line of Austin Street, distant twenty eight and fifty hundredths (28.50) feet from its intersection with the easterly line of Joslyn Place; running thence southerly at right angles to northerly line of Austin Street four (4) feet to a point; running thence easterly parallel with the northerly line of Austin Street thirteen (13) feet to a point; running thence northerly at right angles to Austin Street four (4) feet to a point in the northerly line of Austin Street; running thence westerly along the said northerly line of Austin Street thirteen (13) feet to the point or place of beginning. Parcel on Joslyn Place All that tract or parcel of land, situate in the City of Buffalo, County of Erie and State of New York being part of Lot 246 of the Parish Tract, so called, bounded and described as follows: Beginning at a point in the easterly line of Joslyn Place, distant nineteen (19) feet from its intersection with the northerly line of Austin Street; running thence westerly at right angles to Joslyn Place five (5) feet to a point; running thence northerly parallel with the easterly line of Joslyn Place twenty eight (28) feet to a point; running thence easterly at right angles to the easterly line of Joslyn Place five (5) feet to a point in the easterly line of Joslyn Place; running thence southerly along the said easterly line of Joslyn Place nineteen (19) feet to the point or place of beginning. I am recommending that Your Honorably Body approve granting the above easements in order to complete the sale of 348 Austin Street. I am further recommending that the Corporation Counsel be authorized to prepare the easements either by separate agreements or by addition to the deed and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated April 2, 1993, be received and filed; and That the two easements for encroachments of a fire escape and part of a building relating to 348 Austin Street, as more fully described in the above communication be and hereby are approved, and that the Corporation Counsel be and hereby is authorized to prepare the easements either by separate agreements or by addition to the deed and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. FROM THE PRESIDENT OF THE COUNCIL No. 29 Appt. Member Convention Center Board I am hereby recommending for appointment, Mr. Ralph Davis, Sr. to serve on the Board of Directors of the Buffalo Convention Center for a three year term. ADOPTED. FROM THE COMMISSIONER OF PUBLIC WORKS No. 30 Bond Cancellation- 3250 Bailey It is hereby certified that the 2 bonds described below be canceled: Bond Number: 743F3684 and 74F3696 Principal: G. Klaffka; R. Shaw DBA Wurzburger HOF Surety: Travelers Insurance Co. Amount: $5,000.00 each Dated: September 13, 1986 Structure: Storm enclosure and grates Location: 3250 Bailey These bonds are no longer needed due to the fact that a certificate of insurance has been filed. The above captioned bonds should be deemed released and canceled as to future liability in accordance with the provisions of the City of Buffalo Ordinances. RECEIVED AND FILED. No. 31 Bond Cancellation 2375 South Park Avenue It is hereby certified that the bond described below be canceled: Principal: Sorrento Cheese Co., Inc. Surety: The Aetna Casualty and Surety Company Amount: $5,000.00 Dated: February 7, 1990 Structure: Overhead cable Location: 2375 South Park Avenue This bond is no longer required due to the fact that the encroachment has been removed from city right of way. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City of Buffalo Ordinances. RECEIVED AND FILED. No. 32 Notification Serial #8285 Chapin Pkwy., North Permissive Parking 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 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERIOD PERMISSIVE PKG PERMISSIVE PKG LOCATIONS DAILY EXCEPT SUNDAY Chapin Pkwy., North 2 Hour Parking 7AM - 7PM west side, between West Delavan Avenue and Gates Circle (excluding existing No Standing and No Parking zones) Note: Restrictions to remain until completion of Delaware Avenue Reconstruction Project (October, 1993). Notification Serial #8286 Chapin Pkwy., South Permissive Parking 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 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERIOD PERMISSIVE PKG PERMISSIVE PKG LOCATIONS DAILY EXCEPT SUNDAY Chapin Pkwy., South 2 Hour Parking 7AM - 7PM east side, between West Delavan Avenue and Gates Circle (excluding existing No Standing and No Parking zones) Note: Restrictions to remain until completion of Delaware Avenue Reconstruction Project (October, 1993). RECEIVED AND FILED. No. 33 Report of Bids Restoration & Reconstruction Asbestos Removal - Phase II Kleinhans Music Hall I asked for and received the following Informal Proposals for the removal of pipe insulation containing asbestos at Back Stage Elevator, Control Valves and Basement Areas on March 24, 1993. Asbestos Removal Arric Corporation $12,800 Zeon Corporation 18,400 Modern Environmental Service 22,962 I hereby certify that the foregoing is a true and correct statement of all bids received and that Arric Corporation, in the amount of $12,800, is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are available in B/F 200-402-098 - Division of Buildings. Estimate for this work was $16,000. Mr. Fahey moved: That the communication from the Department of Public Works, dated April 8, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to order work for the removal of pipe insulation containing asbestos at Back Stage Elevator, Control Valves and Basement Areas at Kleinhans Music Hall to Arric Corporation, the lowest responsible bidder in the amount of $12,800.00, with said cost to be charged against the B/F 200-402-098 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 34 Report of Bids Restoration & Reconstruction Kleinhans Music Hall - Phase II A Symphony Circle As authorized by Your Honorable Body in Item No. 40, C.C.P. 5/28/91 I advertised for on March 16, 1993 and received the following sealed proposal which was publicly opened and read on April 6, 1993. General Construction Work BASE BID ALT #1 LGT Construction Inc. $330,000* $9,000 Baker Develop. & Constr. 343,200** 5,430 Gerald T. Stay Co. Inc. 393,700 18,000 Kirst Construction Inc. 405,500 4,900 North Star Construction Inc. 422,999 2,731 Westmore Const. Corp. 449,000 14,000 BSC Construction 461,103 6,665 BRD Inc. 461,770 14,000 Clarence Associates Inc. 462,000 5,575 All State Maint. Co. Inc. 479,000 4,500 Nichter Construction Co. Inc. 481,000 8,800 Landmark Construction Co. 496,000 13,157 Gianadda Const. Corp. 517,400 14,000 M. Galgiano Const. Co. Inc. 569,000 13,000 The Hadala Corporation 642,000 25,000 Alternate #1 was for work related to smoke detectors. *LGT does not have the experience in general construction, stone masonry and restoration work on historic structures. Their bid is being rejected. Please refer to the April 7, 1993 correspondence from the consulting architect. **Baker Development Co. bid was rejected because it was not complete. Electrical Work BASE BID ALT #1 Frey Electric Const. Co. Inc. $140,000 $37,272 Goodwin Electric Corp. 142,155 37,190 Wittburn Enterprises 143,400 59,700 CIR Electrical Construction 143,900 39,500 Cannon Electric Inc. 298,900 48,900 Alternate #1 was for work related to smoke detectors. Mechanical Work BASE BID John W. Danforth Co. $389,230 Quackenbush Co., Inc. 413,000 Allied Mechanical Inc. 417,000 Mollenberg-Betlz, Inc. 434,000 Frank C. Kellner Co. 469,500 Plumbing Work BASE BID John W. Danforth Co. $46,490 Kandey Company Inc. 47,400 Joseph Carino Plumbing/Htg 53,331 A. Gareleck & Sons 57,493 Matthew Kandefer Inc. 62,700 Ackerman & Huebsch, Inc. 70,800 Numarco, Inc. 73,800 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction Work - Gerald T. Stay Co. Inc. for a total of $393,700. Electrical Work - Frey Electric Construction Co. Inc. for a total of $140,000. Mechanical Work - John W. Danforth Co. for a total of $389,230. Plumbing Work - John W. Danforth Co. for a total of $46,490. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-098 - Division of Buildings. Total estimate for this work was $1,060,000. Mr. Fahey moved: That the communication from the Department of Public Works, dated April 8, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contracts for the Restoration and Reconstruction at Kleinhans Music Hall, Phase II A for General Construction Work to Gerald T. Stay Co. Inc. for a total of $393,700, for Electrical Work to Frey Electric Construction Co., Inc. for a total of $140,000, for Mechanical Work to John W. Danforth Co. for a total of $389,230, and for Plumbing Work to John W. Danforth Co. for a total of $46,490, the lowest responsible bidders, with said cost to be charged against the B/F 200-402-098 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 35 Permission to Hire a Consultant for Work at the Erie Basin Marina I hereby request permission from your Honorable Body to authorize the Commissioner of Public Works to engage the services of a consultant engineer to prepare plans and specifications and to advertise for bids for the necessary repair work at the Erie Basin Marina. This work shall include but not be limited to tower structure bridge concrete failure, tower structure lighting, repairs to restrooms and showers, work on heating system at the hatch, new drinking fountains and address safety for pedestrians at the entrance. Funds for this project are available in the Division of Engineering Bond Fund 200-401-088. Mr. Fahey moved: That the communication from the Department of Public Works, dated March 25, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise for bids for bids for the necessary repair work at the Erie Basin Marina. This work shall include but not be limited to tower structure bridge concrete failure, tower structure lighting, repairs to restrooms and showers, work on heating system at the hatch, new drinking fountains and address safety for pedestrians at the entrance. Funds for this project are available in the Division of Engineering Bond Fund #200-401-088. PASSED. AYES- 13 NOES- 0. No. 36 Lease Agreement - Delavan Ave. Armory Item No. 21, C.C.P. 2/2/93 The Department of Public Works has been looking for five or six years at alternate sites for the Delavan Avenue Armory. Over the years we have looked at the Ne-Hi building on Jefferson Avenue, the U.S. Steel Supply building on Lathrop Street, the G.E. and Twin Fair buildings on Ferry Street, the Pratt-Letchworth site on Tonawanda Street and pretty much any large industrial building that would seem to suit our purposes. However, for one reason or another they did not qualify (too much money, lay out of building, repair work, etc.). In fact, the Truscon and the adjacent 35 acres were bought with a City comprehensive service complex in mind, which now appears to be coming to fruition with the fleet maintenance center proposal for the Truscon building. This move to Truscon will allow us to move the Delavan Avenue Armory's operation to 1120 Seneca Street because our mechanical is moving out of there. Therefore, we view the use of the Delavan Avenue Armory as a short-term commitment. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 District Heating Agreement Erie County Rath Buildings Attached please find a copy of the proposed agreement between the City of Buffalo and the County of Erie to provide District Heating to the Rath Building. In essence, the County will pay for the in-street construction costs to extend our present service lines from Delaware and West Eagle to the Rath Building. The City will collect $8.50 per MBTU (same rate as charged to 42 and 69 Delaware) for fiscal 93/94. Beginning July 1, 1994, the City will not charge for the BTU's used at the Rath Building until the in-street construction costs have been fully amortized. Once amortized, the rate to be charged the County of Erie will be the same as that charged to our other District Heating customers. It is respectfully requested that Your Honorable Body authorize the Mayor to execute this agreement. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Pedestrian and Bicycle Comprehensive Safety Program We have applied for and have been offered a $74,775 grant from the New York State Governor's Traffic Safety Committee. With this grant the City would enter into a contract with a project director who would coordinate a pedestrian and bicycle comprehensive safety program. The grant would reimburse us for the directors cost, along with partial reimbursement for the services of police officers and an in-house engineer. I respectfully request Your Honorable Body's authorization to accept the grant from the State, and to enter into an agreement with Ms. Francina Cartonia, 243 Siegfried Dr., Williamsville, to provide the services of the project director at a base cost of $40,000 per year plus 25% fringe benefits. The directors salary will be reimbursed by the State under the terms of the grant. Ms. Cartonia was chosen as the director because of her prior experience working on similar projects for the County of Erie. Ms. Cartonia was also the developer of the grant proposal and shepherd of its approval by the State. In addition to the directors salary this grant will also reimburse the City for services of various police and engineering personnel along with administrative cost. The City could realize up to $44,000 in revenue. We also, respectfully request that Your Honorable Body authorize the Comptroller to provide an inter fund cash loan in the amount of the grant. The loan would be repaid as reimbursements are received from the State. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Request Approval of Detour Routes-Niagara Viaduct Reconstruction The New York State Thruway Authority will be reconstructing the Niagara Viaduct Section of the thruway and requests permission to use city streets as alternate routes during said construction. At no time will the mainline thruway be closed, and city streets will only be impacted by ramp construction. The attached detour resolution is therefore being submitted for your Honorable Body's approval. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 40 Request Ordinance Amend. - Fines For "Stopping" I would request your Honorable Body's approval of the following amendment to the Charter and Code of the City of Buffalo. Chapter 309 - Parking & Parking Lots, Article 1 - Parking Violations, Section 307-11 - Schedule of Fines and Penalties by adding thereto the following: Stopping Prohibitions: Fine: Stopping prohibited at any time $15.00 Stopping prohibited during certain hours $15.00 Stopping prohibited from here to corner $15.00 At present, the New York State Department of Motor Vehicles, Vehicle and Traffic Law, provides the following definitions for parking, standing and stopping: Parking - means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Standing - means the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in the receiving or discharging of passengers. Stopping - when prohibited means any halting, even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. These additions will allow Division of Parking Enforcement and my Department the use of "No Stopping" zones in demand areas (emergency entrances to hospitals, high-volume pedestrian crosswalks) on City streets where we desire to prohibit vehicles from parking and/or standing at any time. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 41 Abandon A Portion of Amelia Street Item No. 122, C.C.P. November 12, 1991 The Department of Public Works has been asked to prepare the following short report concerning Item 122, C.C.P. November 12, 1991, "Abandonment of a portion of Amelia Street." The attached map shows the portion of Amelia Street that was closed and abandoned. Amelia Street does not have an official pavement. The existing homes are on the north side of Amelia Street and were and continue to be serviced by an unofficial pavement connecting to Germania Street. As you will note, none of the lots on Amelia Street, whether developed or vacant are landlocked. All are accessible from Germania Street. In addition, it is my understanding that the City of Buffalo is interested in acquiring the former New York, Lackawanna and Western Railroad lands along the southeasterly side of New Abby Street, for future development. At that time, the small triangular piece of railroad property would be dedicated for street purposes and thus provide a proper entrance into Amelia Street from New Abby Street. At any rate, the dirt path that formerly connected to New Abby Street crossed through the above described triangular piece of railroad property. The Parcel of Amelia Street abandoned by the Common Council proceedings of November 12, 1991, did not landlock any of Mr. Starr's property. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Encroachments- Awning at 372 Amherst St. Mr. Sam Gioeli, owner of Luigi's Sicilian Village Restaurant, located at 372 Amherst Street, has requested permission to install an awning which would encroach city right of way at said address. The proposed awning would measure 4 feet in height, 20 feet in length on both Amherst and Grant Streets and project 2 feet from the building face into city right of way. The Department of Public Works has reviewed Mr. Gioeli's application pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 43 1224 Hertel Avenue Requests Permission To Install a Sidewalk Cafe Mr. Keith Hughes, owner of Jerry's Seafood Restaurant, located at 1224 Hertel Avenue, 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 10 feet from the building face into city right of way. The Department of Public Works has reviewed Mr. Hughes application pursuant to Chapter 413 Section 59 -Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and-approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed 30 feet in length or extend more than 10 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 Encroachments- Awning at 298 Main Street Mr. Joseph Romanello, owner of Dagwoods & More Restaurant, located at 298 Main Street, has requested permission to install an awning which would encroach city right of way at said address. The proposed awning would be located on the Cathedral Park side of the property and measure 6 feet in height, 5' in length, and project 5' from the building face into city right of way. The Department of Public Works has reviewed Mr. Romanello's application pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 45 Encroachment- Awning at 3173 Main St. Mr. Joseph Calamita Jr., owner of Calamita's Deli & Pizzeria, located at 3173 Main Street, has requested permission to install an awning which would encroach city right of way at said address. The proposed awning would measure 3 feet in height, 15 feet in length, and project 2 feet from the building face into city right of way. The Department of Public Works has reviewed Mr. Calamita's application pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 46 Certificate of Appointment Appointment effective April 5, 1993 in the Department of Public Works, Division of Buildings, Linda J. Jernatowski, 22 Loepere Street, Buffalo 14212, to the position of Senior Account Clerk Typist, Temporary, at the starting salary of $22,237. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 47 Certificate of Appointment Appointment effective March 29, 1993 in the Department of Public Works, Division of Buildings, Lawrence VanMeer, 51 Homer Avenue, Buffalo 14216, to the position of Painter, Permanent, at the starting salary of $24,536. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 48 Assignment of Contract Occidental Chemical Corp. to American Ref-Fuel Attached please find a request by Occidental Chemical Corporation for the City's approval of their assignment of our solid waste disposal contract to American Ref-Fuel of Niagara, L.P. If acceptable to Your Honorable Body, please authorize the Commissioner of Public Works to consent to such an assignment on behalf of the City, subject to approval of the form of the consent and assignment by the Corporation Counsel. Mr. Fahey moved to refer the above item to the Committee on Finance and the Corporation Counsel; seconded by Mr. Zuchlewski. ADOPTED. AYES- BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 7. NOES- AMOS, ARTHUR, COLLINS, COPPOLA, LOTEMPIO, PITTS- 6. FROM THE COMMISSIONER OF FIRE No. 49 Private Property and Casualty Insurance Attributed to Proposed Firehouse Closings Res.# 170, C.C.P., 3/30/93 Most of the statistical data presented in this resolution is in error. As no Department can guarantee any response time 100 % of the time, the Buffalo Fire Department responds to emergencies within 3 minutes 90 % of the time. The closing of 3 companies, would at no time reduce the response time to 8 minutes. Most responses would remain at the present rate, with some increasing up to 1 - 1 1/2 minutes at most. This would still be under 4 1/2 minutes. There is no property within the City which is greater than 2 miles from the nearest firehouse, let alone the 5 miles stated. There would be no insurance rate increase. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 50 Compromise of Demolition Lien 75 West Avenue, Chase Home Mortgage Corporation In 1991, the property located at 75 West Avenue became deteriorated. The property is owned by Thomas J. Grillo. In November, 1992, the property was demolished by the City of Buffalo at a cost of $4,100.00. Thomas J. Grillo had purchased the property in 1977. At that time, he obtained a mortgage from Empbanque Capital Corporation. Empbanque started a foreclosure proceeding in December, 1991. The foreclosure proceeding was completed in August, 1992, but Empbanque has not taken title to the property. Title still lies with Mr. Grillo. In February, 1992, Empbanque spent approximately $1,000.00 in fixing up the property. Mr. Grillo has in excess of $100,000.00 in judgments of record against him. He appears to be judgment proof. Empbanque went out of business in June, 1992. Therefore, a judgment cannot be obtained against it. The mortgage was an FHA mortgage guaranteed by BUD. Chase Home Mortgage Corp. has assumed the entire portfolio of mortgages from Empbanque and wants to clear up the title and turn the property over to HUD. Chase has offered to compromise the demolition lien of $4,100.00 by payment of one-half of this amount (i.e. $2,050.00) to the City of Buffalo in full settlement of the lien. If a compromise of the lien is not agreed upon, the title will in all probability remain with Mr. Grillo. In that event, the City would most likely never recover any of the cost of the demolition and will have to foreclose on this vacant lot. If this settlement is agreed upon, the title will be cleared up, the property will be transferred to BUD for resale, and the City of Buffalo will receive the sum of $2,050.00. For the above noted reasons, the Law Department recommends the settlement of this matter for the sum of $2,050.00, payable to the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Objectionable Programming on Public Access Channel Item No. 187, C.C.P. 03/30/93 In response to Item No. 187, C.C.P. March 30, 1993, the Department of Law offers the following comments. The contract between the City of Buffalo and Buffalo Cable Access Media (BCAM) mandates that "all channel time users shall warrant that programming submitted does not contain material constituting any violation of any local, state or federal law relating to obscenity..." Article 2, Section 2.5 A, emphasis added. Further, the contract requires this warranty to be in writing. Article 2, Section 2.5. These provisions have been implemented in the current BCAM Policy and Procedures Handbook. See, BCAM Handbook Sections 1.06 (f), 2.02 (b). In sum, the contract between the City of Buffalo and BCAM, and BCAM Policy and Procedures Handbook have provisions explicitly prohibiting obscene programming. As a result, any amendment drafted by this office would likely be duplicative and would not prohibit obscene programming beyond the current provisions in the contract and handbook. Please advise if further comment is necessary. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 52 Settlement of City's Claim Propane Explosion Case This is to request the approval of your Honorable Body of the settlement of the claim of the City of Buffalo for reimbursement of medical bills and wages incurred as a result of the propane explosion. FACTUAL BACKGROUND: On December 27, 1983, the Buffalo Fire Alarm Office received a call of a leaking propane tank of unknown size inside a warehouse at North Division and Grosvenor Streets. Approximately one minute after the Fire Department arrived at the scene, a huge explosion occurred. Five (5) firefighters died and another ten (10) were injured in the explosion. One of the firefighters, (i.e. Lt. Gary McAndrews) suffered a serious stroke and is permanently disabled as a result of the explosion. The other firefighters sustained various injuries such as punctured ear drums, shrapnel embedded in their skin, facial burns and fractures. There are an additional 116 civilian claims for personal injury and property damage. The personal injury claims include two wrongful death claims brought on behalf of the Arnold family and numerous substantial property damage claims brought by businesses located near the warehouse. The building owner, George Wilson, owned a radiator manufacturing company in Hamburg. He was hired by Fedders Corp. to make radiators while Fedders was on strike. He decided to move his business into the North Division Street warehouse. His workers disconnected a leased outdoor stationary propane storage tank and moved the tank into the warehouse. It is illegal to store this type of tank indoors. The tank was placed on the third floor. Propane is heavier than air and should never be placed above ground. Damian Rice, an illegal alien from Australia, was working for George Malachowski, the other building owner. He attempted to move this round 2,500 lb. tank on a flat forklift. He supported it only with two 2' x 4' pieces of lumber. The tank rolled off the forklift and sheared the valve off. The pressurized liquid propane rapidly expanded into a gas and filled the entire building. A woodburning stove on the first floor ignited the gas. PROCEDURAL HISTORY: Approximately 131 claims were filed against various defendants including George Wilson, (the owner), Burnwell Gas of Alden, Inc. (the distributor of the tank), Chemi-Trol Corp. (the manufacturer of the tank) and Rego Corp. (the manufacturer of the valve) and the City of Buffalo. Supreme Court Justice Doyle dismissed all civilian claims against the City. The Appellate Division, Fourth Department, dismissed all the firefighters' claims against all defendants except Wilson. The three other parties (Burnwell, Chemi-Trol and Rego) are still defendants in the civilian cases. However, there is a serious question as to whether they have any liability exposure since the tank was illegally and without their knowledge moved inside the warehouse. CITY'S CLAIMS: Pursuant to Section 207-a of the General Municipal Law, the City has a claim against Wilson for medical bills and wages paid as a result of the explosion. As of August 21, 1988, the City of Buffalo paid approximately $158,000.00 in medical bills and $187,000.00 in wages to injured firefighters relating to the warehouse explosion. Thereafter, the City has kept Lt. Gary McAndrews on the payroll and paid his medical expenses and wages in lieu of placing him on a disability retirement to be paid by the State Retirement System. PROPOSED SETTLEMENT: After extensive negotiations and conferences among all parties before Justice Stiller, a proposed settlement pool of $5.6 million dollars has been established. This includes all of Wilson's insurance, and one million dollars each from the three (3) products defendants. Out of this pool, a pro-rata settlement of all 131 claims has been proposed. The property damage claimants are receiving 45 cents on a dollar and are waiving ten years of interest payments that they are entitled to by law. The widows and their families, as well as the injured firefighters are also receiving only a pro-rata portion of the full value of their claims from the settlement fund. Judge Stiller has strongly recommended that the City compromise its claim and accept a payment of $200,000.00 in full settlement. This appears to be equitable for a number of reasons. First, there is a question under applicable law as to whether the City could legally sue for payments made more than three years after the accident and into the future. Second, the liability of the products defendants is slim. A jury verdict might find only against Wilson, which would leave only the sum of $2.6 million to settlement all 131 claims. Third, the City is saving all the costs of what could amount to a four to six month trial including substantial expert witness fees and fire department employees' time. For the above-noted reasons, the Law Department respectfully requests that your Honorable Body authorize the settlement of the City's claim for the sum of Two Hundred Thousand Dollars ($200,000.00), payable to the City of Buffalo. Mr. Fahey moved That the communication from the Law Department dated April 13, 1993 be received and filed and; That the Department of Law be and hereby is authorized to settle the City's claim in the propane explosion case for the sum of $200,000 payable to the City, as described in the above communication. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 53 Status Of Animal Shelter 380 N. Oak The above referenced resolution has been referred to this department with a request to provide the Council with a status report. It is the understanding of this department that available resources are approximately $160,000 short of the low bid received by the Department of Public Works in June 1992. If these additional funds are secured, costs to acquire and renovate this property will approach $760,000, or $112.03 per sq. ft., an extremely high figure. Community Development had been involved in efforts to secure month to month lease with R&G Wholesale. The Council did not approve the lease, Item #93, C.C.P. 12/8/92. This Department maintains that a more cost effective facility can and should be identified, leaving 380 Oak as a property for valuable development opportunities in the Elm-Oak arterial and neighboring the Theatre District. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 54 Memorandum of Understanding - Use of Renovated War Memorial Stadium As a result of meetings and negotiations involving the Law Department, Buffalo Board of Education, Community Development and Your Honorable Body, I am submitting a memorandum of understanding (MMU) related to operation and maintenance of the renovated War Memorial Stadium for approval. It is proposed that the City will retain ownership of the facility and be responsible for Capital repair and improvements. The Board of Education will operate and maintain the facility for a initial period of ten years, with a option to extend the MMU for another ten year period. Events will be scheduled and approved by the Board of Education in cooperation with a Community Advisory Board which is to be established. It is imperative that an agreement be in place as soon as possible so that the facility is properly maintained pending completion of punch list items by the involved contractors. Also action must be taken for the purchase of athletic field equipment, turf maintenance equipment, interior finisher for the service building and an alarm system. REFERRED TO THE COMMITTEE ON FINANCE. No. 55 Permission To Engage Consultant Design Community Facilities School #62- 376 Urban Street Reference CCP #50 of November 14, 1989 where as Your Honorable Body Authorized the Department of Community Development to enter into Contract with M.A.C. Associates of 2050 Elmwood Ave., Buffalo, N.Y. for Engineering and Architectural services required for exterior rehabilitation, including a new roof at School #62, 376 Urban Street. This work has been completed and we are now ready to proceed with the design of a Community Center and Gymnasium at the facility. This design will include showers, lavatories, a Community meeting room with provisions for Arts and Crafts and other programs planned at the facility. Accordingly: I request permission to enter into Contact with M.A.C. Associates of 2050 Elmwood Ave., Buffalo, N.Y. in the amount of $24,550 to prepare plans and specifications required to proceed with the planned Improvements. Funds for this work are available in our Capital Projects Account #200-717-095. Mr. Fahey moved: That the communication from the Department of Community Development, dated March 30, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to enter into Contract with M.A.C. Associates of 2050 Elmwood Avenue, to prepare plans and specifications related to the design of a Community Center and Gymnasium at School 62 facility at 376 Urban Street as described in the above communication, in the contract amount of $24,550, with said costs to be charged to Capital Projects Account #200-717-095. PASSED. AYES- 13 NOES- 0. No. 56 Report of Bids - Restoration, Repairs Broadway Market Parking Ramp Phase II Referenced CCP #51 of June 23, 1992, whereas Your Honorable Body authorized the Department of Community Development to proceed with repairs and rehabilitation-of the third parking level at the Broadway Market Parking Ramp. The following bids were received and publicly read on March 24, 1993. Contractor Base Bid Alt#1 Alt#2 Alt#3 Alt#4 Patterson-Stevens, Inc. $ 94,705 $2,325 $5,490 $4,000 $ 7,500 400 Sawyer Ave. Tonawanda, N.Y. Gerald T. Stay Co. 175,990 1,530 9,720 2,000 3,750 255 Great Arrow Buffalo, N.Y. Westmore Const. Corp. 102,184 3,320 7,200 3,950 8,000 21 Palmer Place Lancaster, N.Y. Baker Development Co. 160,115 6,210 8,550 7,350 18,375 1251 Electric Ave. Lackawanna, N.Y. Hudson-Rumsey Co. 215,650 7,750 15,660 5,500 41,660 1679 Niagara Street Buffalo, N.Y. Nichter Associates 134,000 4,000 8,100 4,700 10,000 344 Vulcan Street Buffalo, N.Y. Paul Gallo Contracting 148,250 1,400 8,460 1,300 2,250 P.O. Box 453 East Amherst, N.Y. Amherst Const., Inc. 146,650 4,000 8,280 2,200 6,000 150 Milton Street Williamsville, N.Y. Designer's Estimate $200,000 with alternates The preceding is a true and accurate statement of all bids received and Patterson-Stevens, Inc., is the lowest responsible bidder. I, therefore, request permission from Your Honorable Body to enter into contract with Patterson-Stevens, Inc., in the amount of $114,020 which includes the base bid and alternates 1,2,3,4. Funds for this work are available in our Capital Project Account #200-717-015. 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 he hereby is authorized to award a contract for the Restoration and Repairs of the Broadway Market Parking Ramp Phase II, to Patterson-Stevens, Inc., the lowest responsible bidder, for a total of $114,020, with said cost to be charged against the Capital Project Account 200-717-015. PASSED. AYES- 13 NOES- 0. No. 57 Report of Bids-Sidewalk Replacement North, South, & Ellicott Districts As authorized by Your Honorable Body Item No. 72 on July 21, 1992, I advertized and received sealed proposals for Sidewalk Replacement-North, South & Ellicott Districts, on March 30, 1993. 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: BIDDER AMOUNT OF BID Cemulini-Pecoraro Const. Corp. $240,200 709 Pleasant View Drive Lancaster, N.Y. 14086 ABC Tree Service, Inc. $255,775 P.O. Box 52 North Tonawanda, N.Y. 14120 Campobello Const. Co., Inc. 362,600 3170 Delaware Avenue Kenmore, N.Y. 14217 ABP Concrete Const., Inc. 395,875 3170 Delaware Avenue Kenmore, N.Y. 14217 DESIGNER'S ESTIMATE $300,000 The preceding is a true and correct abstract of all bids received and Cemulini-Pecoraro Const. Corp. is the lowest responsible bidder. Funds for this work are available in Capital Project Account No. 200-717-003. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Cemulini-Pecoraro Const. Corp. in the amount of $240,000. REFERRED TO THE COMMITTEE ON FINANCE. No. 58 D. Starr - Offer to Sell 17 and 66 Amelia St. Item No. 71, C.C.P., March 2, 1993 Pursuant to the matter captioned above, please be advised that the abandoned portion of Amelia Street (an unpaved street) was located at the western end of the street where it joins New Abby and Abby. It should be noted that access to properties along Amelia Street was not restricted by this abandonment. Moreover, the remainder of Amelia Street remained unchanged and open to Germania Street on the east. Therefore, access to the properties referenced above remains essentially unchanged relative to the abandonment and sale (see attached map). REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF STREETS No. 59 Certificate of Appointment Appointment effective March 29, 1993 in the Department of Street Sanitation Department, Timothy R. Reid, 30 Mumford Street, Buffalo, New York 14220 to the position of Laborer II, Permanent, at the starting salary of $9.62 hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 60 Certificate of Appointment Appointment effective March 31 1993 in the Department of Street Sanitation, Richard D. Petruzzi, 304 Wellington Road, Buffalo, NY 14216, to the position of Truckdriver, Temporary, at the starting salary of $20,994. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 61 Certificate of Appointment Appointment effective March 29, 1993 in the Department of Street Sanitation, Nicholas F. Pordan, 252 Charlesgate Circle, East Amherst, New York 14051 to the position of Supervisor of Street Sanitation, Permanent at the starting salary of $23,126. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 62 Certificate of Appointment Appointment effective March 29, 1993 in the Department of Street Sanitation, William T. Orr, 288 Mckinley Pkwy, Buffalo, New York 14220 to the position of Motor Equipment Mechanic, Permanent at the starting salary of $24,464. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 63 Permission to Enter into Contract with Buffalo Sewer Authority - Design and Construction Services, William Street Sewer The attached Memorandum of Understanding, between the City of Buffalo and the Buffalo Sewer Authority (BSA), is hereby referred for approval by your Honorable Body, whereby City Bond Funds may be disbursed to BSA for reasons noted therein. The document outlines design and construction services which will be provided by BSA in conjunction with new housing development which is ongoing on William Street near Hickory. Also attached for your information and reference is a communication from BSA wherein the lump sum fee referenced in the Memorandum of Understanding is itemized. We propose to retain the BSA for this purpose and finance the cost, in an amount not to exceed $75,100, with funds which are available in CPA-200-717-038. We look forward to your favorable consideration in this matter. RECEIVED AND FILED. No. 64 Permission to Enter into Contract with Buffalo Sewer Authority - Design and Construction Services -North Division Street The attached Memorandum of Understanding between the City of Buffalo and the Buffalo Sewer Authority (BSA), is hereby referred for approval by your Honorable Body whereby City Bond Funds may be disbursed to BSA for reasons noted therein. The document outlines design and construction services which will be provided by BSA in conjunction with new housing development which is ongoing at the St. Columba Square site on North Division Street. Also attached for your information and reference is a communication from BSA wherein the lump sum fee referenced in the Memorandum of Understanding is itemized. We propose to retain the BSA for this purpose and finance the cost, in an amount not to exceed $204,000, with funds which are available in CPA 200-717-038. We look forward to your favorable consideration in this matter. RECEIVED AND FILED. No. 65 Report of Emergency Bid for the Demolition of 66 Tracy Street Due to the very serious and hazardous condition of the fire-damaged building located at 66 Tracy Street, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on March 30, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 66 Tracy Street Integrated Waste Special Services Edward Woods $4,860.00 66 Tracy Street Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated April 2, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Integrated Waste Special Services at a cost of $4,860.00, relating to 66 Tracy Street, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000, 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- 13 NOES- 0. No. 66 Conrail Property - Proposed Fence Repair-Illegal dumping Item No. 98, C.C.P. 3/16/93 Please be advised this property which is located between Leroy and Canton Alley was inspected on March 24, 1993 by Building Inspector Art Kostrzewa. Mr. Kostrzewa reports there is a stretch of broken fence along the east side of Canton Alley adjacent to the Conrail tracks which pass under both Jewett and Leroy Streets. The condition of this fence presents a safety hazard to both vehicle and pedestrian traffic. Also, trash and debris is being dumped over the fence onto Conrail property. A dispute over ownership/responsibility for this fence has been ongoing between the city and Conrail. Currently, surveyors from the city's Engineering Department are determining actual location for the fence. Mr. Kostrzewa has spoken with Mr. Massey of Public Works who has informed us that both bridges over these tracks will be repaired soon and upon determining ownership, either party has agreed to repair/replace the fence. Our department will monitor this property with bi-monthly reinspection and stay abreast of any new developments. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 67 HOME Funding For Towne Gardens Rehabilitation Consistent with the attached B.U.R.A. item, the Department of inspections and Community Revitalization hereby requests Common Council approval to provide $220,000 in HOME program funding for the rehabilitation of Towne Gardens II. The details of the proposed project are included in the attached materials. Should you require any further information, please do not hesitate to contact me at 851-4913. Thank you for your consideration and support. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 69 Info Appt. Jr. Traffic Clerk Comm. # 71, C.C.P. 2/16/93 In regard to the above referenced item be advised of the following: The above referenced position was vacant from November 28, 1992 to February 8, 1993. The position was not filled because the previous incumbent, Madeline Schiavone, who retired, had accumulated leave time that required payment. The Budget Division advised that the position could not be filled until February 8, 1993. The position is greatly needed in the public service section of the Parking Violations Bureau. RECEIVED AND FILED. No. 69 BURA Payroll Policy Item #168, C.C.P. March 16, 1993 You have requested information on the Buffalo Urban Renewal Agency's (BURA's) contract with Automated Data Processing Inc. (ADP) to process the BURA payroll. Since the BURA payroll system is audited annually by independent auditors and reviewed by various regulatory agencies, checks and balances do exist with respect to the system. The current cost of BURA payroll processing by (ADP) is only $318.00 per month. It is widely recognized by local area firms and businesses that companies specializing in payroll processing (such as ADP) can perform this task more efficiently and more cost effectively than many in-house systems. In light of the above, I believe BURA's current payroll processing arrangement is cost effective and efficient for both BURA and the City of Buffalo. RECEIVED AND FILED. No. 70 Insurance Increase Due To Firehouse Closings The above referenced item requests this office to respond to Councilmember Coppola's concern that the Administration strategically replace closed fire companies in a way that will not adversely effect the fire service and insurance rates of the citizenry. The resolution is based on the assumption that the fire department's emergency response time would increase from three to eight minutes and that insurance rates could increase for any property that falls beyond five miles from the nearest firehouse. Please be assured that there are no plans under consideration that would result in either one of those conditions existing in the City of Buffalo. RECEIVED AND FILED. No. 71 Proposal For City and Board of Education to Bond Out Balance Due on Pension Liability The City of Buffalo and the Buffalo Board of Education have an opportunity to save money in 1993-94 and each year through 2005-2006 by bonding out the outstanding balance due on its long term pension liability resulting from the enactment of Chapter 62, Sections 88 through 95 of the Laws of 1989. This law required localities to begin making pension payments on a current basis while systematically reducing the current unpaid amount over 17 years. The State Retirement System is charging localities an interest rate of 8.75% per year on the outstanding balance which totals approximately $23.2 million for the City Police & Fire Retirement Systems (PFRS), the City Employee's Retirement Systems (ERS) and the School Board ERS. The State Teachers' Retirement System is charging an 8% interest rate on their $19.1 million outstanding balance. This office has been working with Comptroller Giambra's office and the city's financial advisors and agree the city can save money by selling general obligation bonds at a lower interest rate than the retirement system is charging. The proceeds of the bond sale would be used to pay off the retirement system obligation. The payment due to the retirement system on December 15, 1993 (excluding the Teachers Retirement System) is $3,052,466 broken down as follows: Principal Interest Total PFRS $560,876 $1,108,090 $1,668,966 City ERS 304,720 602,018 906.738 Total City 865,596 1,710,108 2,575,704 Board of Ed ERS 160,222 316,540 476,762 Total 1,025,818 2,026,648 3,052,466 Paine Webber Municipal Securities Group has examined the cost of retiring the total outstanding principal plus interest to date through July, 1 1993 through a general obligation bond sale and has estimated the City and Board combined could save $1.702 million in its 1993-94 budget and a total of $3.581 million over the life of the bond (present value $1.979 million). Paine Webber's work was done with the objective of maximizing savings in the first year and assuring there would be no years of negative savings. The schedules they have provided (copy attached) accomplish that goal. The following is an analysis of the projected 1993-94 savings: Outstanding Due to N.Y.S Cost if Pension Plan Principal On 12/15/93 Bond Issued* Savings PFRS $12,663,883 $1,668,966 $ 738,197 $ 930,769 City ERS 6,880,202 906,738 401,057 505.681 Total City 19,544,085 2,575,704 $1,139,254 $1,436,450 Board of Ed 3,617,604 476,762 210,876 265,886 Total $23,161,689 $3,052,466 $1,350,130 $1,702,336 * Equity contribution of $405,725 distributed in proportion to share of outstanding principal, i.e. 54.7% PFRS, 29.7% City ERS and 15.6% Board of Education ERS or $221,834, $120,521 and $63,370 respectively. Cost if Bond is Issued Equity Debt Contribution Service Total PFRS $221,834 $516,363 $ 738,197 City ERS 120,521 280,536 401,057 Total City $342,355 $796,899 $1,139,254 Board of Ed 63,370 147,506 210,876 Total $405,725 $944,405 $1,350,130 Under this scenario the City could reduce it's 1993-94 pension appropriation by $2,233,349 ($2,575,704 would have been due to N.Y. State less $342,355 needed as equity contribution) and need to add $796,899 to it's debt service budget for a net savings of $1,436,450. The Board of Education would be able to reduce it's pension appropriation by $413,392 ($476,762 would have been due to N.Y. State less $63,370 needed as equity contribution) but would need to make an appropriation for a contribution to the debt service fund of $147,506 for a net savings of $265,886. The Board of Education may be able to realize additional savings if interest rates are low enough to justify paying off the $19,061,045 outstanding liability due to the Teachers' Retirement System (TRS). Paine Webber needs to further analyze this possibility. I am recommending the capital budget be amended to allow for the refinancing of the Teachers' Retirement System liability if economic conditions make it advantageous to do so. To accomplish the savings referenced above in the 1993-94 budget, the city needs to approve a capital budget amendment and a corresponding bond resolution by April 30, 1993 so that bonds can be sold on or about July 1, 1993. The capital budget amendment would be for $19,544,085 for the City, $3,617,604 for the Board of Education ERS and $19,061,045 for the Board of Education TRS. The proceeds of the bond sale along with the required equity contribution would then be used to pay the N.Y. State Retirement Systems the total outstanding principal plus interest to date. Each subsequent years's debt service obligation would be slightly less than what otherwise would have been due to the retirement system until the final four years when savings again become substantial, totalling over $1.85 million for that period. My staff and I will be available to answer any questions your honorable body may have on this topic. RECEIVED AND FILED. No. 72 Tixon Collection Service for PVB Item #86 C.C.P. 12/22/92 The above item was referred to this office for a response. We have reviewed the proposal submitted by Tixon Corporation. We also contacted the cities listed in their proposal. Tixon's system is designed to assist cities who lack a comprehensive, computerized enforcement system. There is the misconception that the City of Buffalo, Parking Violations Bureau has an "inefficient in-house system." On the contrary, we have a sophisticated, state of the art computerized operation. The programs offered by Tixon currently are provided by the City of Buffalo Data Processing Division. Tixon Corporation never contacted the Parking Violations Bureau to determine our needs. The decrease in summonses issued, referred to in the resolution, is the result of a decline in enforcement by the police department and the responsibility recently given to PEO's to investigate 911 complaints. The purchase of handheld computers with the barcode reader will increase the number of summonses issued, increase revenue and enhance enforcement efforts. By contacting the cities mentioned in the proposal we learned: The City of Detroit Municipal Parking Department and Detroit Fire Department EMS Division has a contract with Tixon to provide services. Tixon is located in Detroit, Michigan. The City of Newark and Pasadena purchased the software only. The Birmingham and Pittsburgh Parking Authorities never heard of Tixon. We are interested in the "State Registry Interface." According to the proposal, Tixon has access to names and addresses for owners of out of state vehicles. REFERRED TO THE COMMITTEE ON FINANCE. No. 73 Information on Auctioning Junk Vehicles The above resolution was referred to this office for a response. Please be advised of the following: 1. Auction customers are required to register for the auction. Each bidder is issued a numbered bid card with the rules and regulations as prepared by the Department of Law. Permanent registration numbers are issued to vehicle dismantlers and scrap processors who have an established business relationship on file with the auto impound office. Before the auction begins, the auctioneer announces the procedures and pertinent information relating to the auction, such as opening bids of vehicles and which vehicles have keys and are in running condition. 2. The auctioneer is Al Calder, an employee of the division of parking enforcement or John Womer, the superintendent. 3. The minimum opening bid for all vehicles offered for auction is set by the director of the division of parking enforcement. The current opening bid of $75 was established after a study was made involving the average sale price of junk vehicles that are not completely stripped. If vehicles appear road worthy or in running condition, the auctioneer or superintendent will set a higher opening bid. The basis for the opening bid is determined by the published wholesale value in the "Red Book" and the condition of the vehicle. Vehicles sold through competitive bidding are sold in $25 increments. Better vehicles are held for Saturday auctions. Our first Saturday auction was conducted October 24, 1992. 4. If a vehicle receives no bid after two auctions, it is then deemed scrap and disposed of through the scrap vehicle contract. The scrap vehicle contract is established after the City of Buffalo publishes a request for bids from local scrap processors for a per vehicle price paid for scrap vehicles. A contract is awarded to the highest bidder after Common Council approval. The current contract price is $55 per vehicle from South Buffalo Auto Parts of 654 Elk Street. The process of acquisition, notification, auction and disposal of junk cars is implemented pursuant to section 1224 of the New York State Vehicle and Traffic Law. 5. From July 1, 1992 to February 1993 we auctioned 1035 vehicles and $171,692 was generated in revenue. REFERRED TO THE COMMITTEE ON FINANCE. No. 74 Suspension of Vehicle Registration for Parking Tickets Effective April 26, 1993 and pursuant to the New York State Vehicle and Traffic Law (section 510, subdivision 4-c), the City of Buffalo Parking Violations Bureau will direct the State Department of Motor Vehicles to suspend an owner's motor vehicle registration for failure to respond to one parking ticket and four subsequent notices. Operating a motor vehicle with a suspended registration may subject the owner to additional penalties and arrest. Owners with unpaid parking tickets can contact the Parking Violations Bureau, 8A City Hall, Buffalo, NY (tel. 851-5183) to determine the amount owed. RECEIVED AND FILED. No. 75 Revisions Collections Procedure Item # 149 C.C.P. March 16, 1993 Attached is a letter I sent to Comptroller Joel Giambra that outlines my position on the creation of a new City Division of Collections. I am forwarding the letter in response to Your Honorable Body's request for information in the above referenced item. REFERRED TO THE COMMITTEE ON FINANCE. No. 76 Establish Personnel Department Item #150 C.C.P. March 16, 1993 With respect to the Council's request in the above referenced item, the Buffalo Financial Plan Commission has recommended that a City Personnel Department be established effective fiscal 1994-95. I believe that serious consideration should be given to this proposal well before the 1994-95 budget process begins. I have informed the City Comptroller and through this communication, Your Honorable Body that I would like to begin discussion on this matter soon after the 1993-94 budget process is completed. REFERRED TO THE COMMITTEE ON FINANCE. No. 77 Information on State Audit The above referenced item was referred to this office for a response from the Budget Director to the following questions: 1) Why did the State Comptroller perform this audit? This was a routine audit conducted by the State Comptroller's office approximately every three years. The purpose according to the State Comptroller's cover letter was "to review the financial condition and fiscal operations of the city in order to identify areas needing improvement and to inform local officials and the public of our findings and recommendations". 2) Who are the offending employees referred to in the audit? I assume this question refers to the section on Dual Employment on page 6 of the report which refers only to job titles and not individuals. I have no further knowledge than that provided in the audit. The payroll audit function of the Comptroller's office may be able to provide names of individuals referenced in the audit. 3) List all departments in which the abuses were found. I can only reiterate what is in the audit that has been provided to the Common Council at the same time it was provided to the administration. The findings on page 6 refer to a city combustion inspector, a city stationary engineer, a city police officer and four city firefighters. 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? I do not 'know the employee's name. I am sure the Comptroller's office does and can provide it to you if he deems it appropriate to do so. 5) Why was this Council not informed of this matter? The Council was informed of this matter in the same manner this office was informed of it. The state auditor in charge of this project briefed the Mayor, this office and the Comptroller of his findings on December 15th, 1992 and then did the same for the Council the following day in room 1417. In both presentations the auditor read his findings and answered questions but refused to provide the city with a written copy of his preliminary audit. Subsequently we both received a copy of the final audit filed by the State Comptroller on March 22, 1993 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? This question was answered in a recent communication to your Honorable Body (Item # 84, CCP 3/16/93, copy attached) prepared by Michael McKeating in which he explained the process that needs to be followed to file disciplinary charges against an employee. The Streets department is following that prescribed course of action. REFERRED TO THE COMMITTEE ON FINANCE. No. 78 BEDC Vacant Lot Purchasing I have been advised that Buffalo Enterprise Development Corporation (BEDC) is proposing to purchase an additional 55 commercially zoned vacant lots from the city at a cost of $77,823. I am writing to recommend that Your Honorable Body approve the sale of these properties. The 1992-93 budget includes a revenue estimate of $165,000 from this source. Even approving this purchase offer will leave the city with an $87,177 shortfall of potential revenue in this account. Mr. Rosenow has advised me BEDC has funding available to purchase $165,000 worth of property but the city does not have a sufficient amount of parcels available for sale to reach this value. Again, I would ask that you approve this purchase offer and work with the Director of Real Estate and Commissioner of Community Development to identify additional parcels that could be sold to BEDC. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 79 Atkin Construction - Mineral Spring Trails The above referenced item was referred to this office for comments and/or recommendations. It is a communication from Atkin Construction Corp. with suggestions on a partial tax abatement program and a revision to floodplain designation of certain areas in South Buffalo. Please be advised that these issues would be best addressed by the Department of Community Development and this office would defer to their advice on this matter. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 80 New York State Division For Youth Projects Please be advised that Item #189, C.C.P. of March 30, 1993 is the yearly request of the Buffalo Division For Youth seeking permission from the Common Council of the City of Buffalo to receive New York State Division For Youth funds for partial reimbursement of monies expended on youth programs. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF EDUCATION No. 81 Consolidation of Mailroom, Printshop and Purchase Departments Item 174, C.C.P. 3/16/93 Pursuant to the resolution passed by the Buffalo Common Council and addressing Mr. Planavsky's letter, please be advised that the Buffalo Board of Education will participate In discussions to explore the consolidation of the mailroom, printshop and purchasing department operations. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE CITY CLERK No. 82 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Fire Department - Michael E. Blake RECEIVED AND FILED. No. 83 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: Mayor/Mayor Executive- Louise J. Evans Assessment- Beth C. Germerek Parks- David Ickowski Community Development- Linda Jernatowski Admin. and Finance- Ronald N. Lunghino, Michael A. Rehak RECEIVED AND FILED. No. 84 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: Records Management Board Buffalo Sewer Authority City Planning Board Municipal Housing Authority Youth Board RECEIVED AND FILED. No. 85 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 April 5, 1993 in the Department of City Clerk, Susan M. Bence, 12 Allen St. #307, Buffalo, NY, 14202, to the position of Intern III, Seasonal, at the starting salary of $5.00/hr. Appointment effective April 1, 1993 in the Department of City Clerk, to the position of Intern IV, Seasonal, at the starting salary of $ 6.00/hr. Michele A. Graves, 116 Fairfield St., Buffalo, NY 1414 Lynn Marie Gloss, 348 Colvin Blvd., Buffalo, NY 14216 Appointment effective April 3,1993 in the Department of City Clerk, Christopher Carboni, 274 Gold St., Buffalo, NY 14206 to the position of Intern IV, Seasonal, at the starting salary of $ 6.00/hr. No. 86 Notices of Appointments I transmit herewith communications received by me, reporting the appointments made in the various departments at the minimum, flat or hourly rate. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective March 29, 1993 in the Department of Public Works, Division of Engineering, William Crapo, 574 Marilla St., Buffalo, NY 14220, to the position of Laborer I, Seasonal, at the starting salary of $5.98/hr. Appointment effective March 29, 1993 in the Department of Public Works, Division of Water, Kim M. Strianese, 197 Ridgewood Road, Buffalo, 14220, to the position of Account Clerk-Typist, Temporary, at the starting salary of $ 19,346. Appointment effective April 5, 1993 in the Department of Public Works, Division of Water, Carmen L. Degener, 307 Riverside Avenue, Buffalo, 14207 to the position of Account Clerk-Typist, Temporary, at the starting salary of $ 19,346. FROM THE DEPARTMENT OF PARKS Appointment effective March 30, 1993 in the Department of Parks, Mark Parsons, 22 Clio Ave., Buffalo, 14220, to the position of Fee Collector, Seasonal, at the starting salary of $ 4.75 hr. Appointment effective April 5, 1993 in the Department of Parks, to the position of Laborer II, Seasonal, at the starting salary of $6.65/hr. Gary Augustiniak, 302 Kensington Ave., Buffalo, 14215 Norman Filer, 17 Troupe St., Buffalo, 14210 Raymond McCool, 79 Hamburg St., Buffalo, 14204 FROM THE DEPARTMENT OF FIRE Appointment effective 4/8/93 in the Department of Fire, Gregory J. Wisniewski, 77 Westchester, Cheektowaga, New York 14225, to the position of Fire Lieutenant, Permanent Contingent, at the starting salary of $ 39,228. Appointment effective 4/8/93 in the Department of Fire, Ross Wickenhiser, 128 North Autumn, Williamsville, New York 14221 to the position of Fire Lieutenant, Permanent, at the starting salary of $ 39,228. Appointment effective 4/8/93 in the Department of Fire, Raymond J. Sullivan, 3670 Blair Court, Blasdell, New York 14219 to the position of Fire Captain, Permanent Contingent, at the starting salary of $ 41,141. Appointment effective 4/8/93 in the Department of Fire, James C. Ronan, 53 Groveland, Buffalo, New York 14214, to the position of Fire Captain, Permanent, at the starting salary of $41,141. Appointment effective 4/8/93 in the Department of Fire, Joseph M. La Marca, 1962 Delaware Avenue, Buffalo, New York 14216, to the position of Battalion Chief, Permanent, at the starting salary of $44,942. Appointment effective 4/8/93 in the Department of Fire Charles F. Manuella, 8 Randy Way, Cheektowaga, New York 14227, to the position of Battalion Chief, Permanent Contingent, at the starting salary of $ 44,942. Appointment effective 4/8/93 in the Department of Fire, Leon A. Bowers, 53 Allenhurst Road, Buffalo, New York 14214, to the position of Division Chief, Permanent, at the starting salary of $ 49,453. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective March 29, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the starting salary of $6.65 hr. Lawrence A. Boruszewski, 447 S. Ogden, Buffalo, NY 14206 Patrick T. Driscoll, 138 Bloomfield, Buffalo, New York 14220 Robert P. Dronckowski, 47 Marine Dr. Apt 3F, Buffalo, NY 14202 Michael P. Edwards, 51 Alsace Ave., Buffalo, New York 14220 Tracy W. Grant, 100 Columbus Ave., Buffalo, New York 14220 Shannon V. Long, 134 Ramsdell Ave., Buffalo, New York 14216 John J. Randolph, 191 Mackinaw St., Buffalo, New York 14204 Michael L. Scanlon, 201 Cumberland Ave., Buffalo, NY 14220 Vincent T. Vanderlip, 69 Seminole .,Buffalo, New York 14210 Appointment effective March 29, 1993 in the Department of Street Sanitation to the position of Laborer II, Permanent, at the starting salary of $9.02/hr. Mark V. Fahey, 248 Hancock Avenue, Buffalo, NY 14220 Paul E. Tytka, 14 Hunt Avenue, Buffalo, New York 14209 FROM THE DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION Appointment effective 4/7/93 in the Department of Inspections & Community Revitalization, Division of Housing and Property Inspections, James D. Kleinsmith, 202 Mariemont Avenue, Buffalo, New York 14220 to the position of Building Inspector, Temporary at the starting salary of $ 27,249. Appointment effective 4/5/93 in the Department of Inspections and Community Revitalization, Division of Housing and Property Inspections, to the position of Building Inspector, Temporary ,at the starting salary of $ 27,249. Kevin D. Klenk, 293 Linwood Ave., Buffalo, New York 14209 David L. Wischnewski, 471 McKinley Parkway, Buffalo, 14220 FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective March 29, 1993 in the Department of Administration and Finance, Division of Parking Enforcement, Arthur S. Forman, 1511 Broadway, Buffalo 14212, to the position of Laborer I, Seasonal, at the starting salary of $5.98/hr. Appointment effective March 29, 1993 in the Department of Administration & Finance, Division of Treasury, Jill Marie Repman 118 Stevenson Street, Buffalo, New York 14220, to the position of Account Clerk Typist, Temporary, at the starting salary of $19,346. Appointment effective March 29, 1993 in the Department of Administration & Finance, Division of Treasury, Jill Marie Repman 118 Stevenson Street, Buffalo, New York 14220, to the position of Account Clerk Typist, Temporary, at the starting salary of $19,346. Appointment effective March 29, 1993 in the Department of Human Resources, Division of Youth, Delores Bell, 126 E. Utica Street Buffalo, 14209, to the position of Youth Worker, Temporary, at the starting salary of $ 4.25 hr. FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective March 29, 1993 in the Department of General Services, Division of Inventory & Stores, Michael A. McCool, 4 Sidway St., Buffalo, 14210, 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. 87 AFL/CIO - N.Y.S. AFSCME Involvement in Financial Planning Process At its meeting on Tuesday, March 23, 1993, the New York State AFL-CIO Executive Council unanimously adopted the enclosed resolution. The New York State AFL-CIO represents 2.3 million workers in the State including the members of the American Federation of State, County, and Municipal Employees (AFSCME). We are very concerned that our AFSCME affiliates in Buffalo, Council 35, be involved as full and equal partners in helping to resolve Buffalo's fiscal problems. We urge you to work with the leadership of AFSCME Council 35 to come to a mutually acceptable plan for Buffalo's future. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 88 BERNARD BROWN Oppose Non-Bidding of Lead Testing Contracts It has come to my attention that the Department of Inspections and Community Revitalization has awarded a contract to Seneca Lead Testing to do XRF ( X-Ray Fluorescence ) and AAS ( Atomic Absorption Spectroscopy ) testing on City owned property. This apparently was done without going through the bidding process. There seems to be a discrepancy here with the way in which things are normally done. I am aware that such awards can be given to companies when there seems to be no such help available elsewhere. Unfortunately, in this instance such is not the case. There are a number of companies in the area, mine included, which are capable of providing lead inspection and analysis services at reasonable and competitive prices. Therefore, this award should have gone out to bid. I am quite certain that you would like to see that the taxpayers of Buffalo get the best services available to them and at the best cost. Without proper use of the bidding process the taxpayers of our fair City will never get a fair deal. In the interest of fair and equal competition I respectfully request a meeting with you or the Finance Committee in the immediate future. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 89 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION Purchase City Parcels - Neighborhood Commercial Land Bank Pursuant to the Neighborhood Commercial Land Bank Agreement with the City, BEDC is proposing to purchase 55 added vacant lots, which are commercially zoned, for $77,823. The subject lots total 4.72 acres and the existing agreement sets the cost to BEDC at $16,500 per acre. The proposed payment to the City has already been included in the adopted 1992-93 City budget under an estimated revenue of $165,000. At present, this list exhausts the supply of qualified vacant lots on the four arterials, so that the balance of revenue expected will likely occur in the 1993-94 fiscal year as lots are acquired by the City for back taxes. The attached list of properties are in proximity to the original list of 124 lots sold to BEDC for $335,000 on Genesee, Sycamore, Broadway, and South Park. Pursuant to the marketing plan submitted previously to Your Honorable Body, land bank parcels are being advertised for sale in Business First, the Challenger, and the Buffalo News. Funds for the subject purchase were allocated from UDAG repayment funds last year. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 90 BUFFALO PLACE, INC. Proposed Outdoor Cafe at Bagel Brothers Restaurant - 5 & 7 Genesee Street The Buffalo Place Inc. Planning Committee has reviewed plans for an outdoor cafe at the Bagel Brothers restaurant at 5 & 7 Genesee Street. We strongly support this outdoor cafe application. Plans show the cafe to start 5 feet from the property line and' to extend 15 feet to the outer edge of the first row of trees in Roosevelt Plaza, 20 feet from the property line. The City outdoor cafe ordinance generally limits outdoor cafes to a 12 foot depth. Because this cafe fronts not on a typical sidewalk but a public plaza with a depth of 100 feet, and also because of our goal of injecting pedestrian activity into the center of Roosevelt Plaza, we strongly support the proposed depth of 20 feet. A similar dimension was approved for an outdoor cafe last year in front of 268 Main Street for similar reasons. We would encourage Bagel Brothers to use the entire 20 foot depth and not leave 5 feet open next to the building. This would help redirect pedestrians to the 18 foot walkway between the first and second row of trees. (See map.) We anticipate another outdoor cafe next door at Arby's which will occupy the same zone. It will be less confusing to pedestrians if the entire zone next to the buildings is blocked, rather than leaving a narrow area partially clear. We understand that Bagel Brothers does not object and would be happy to place tables next to the building. Buffalo Place Inc. favors relocating pedestrian traffic between the tree rows because it will provide a positive stream of activity through Roosevelt Plaza. Pedestrian traffic declined in this plaza last summer and we are concerned that the atmosphere has become less comfortable due to occasional use by street people. An active restaurant like Bagel Brothers with an outdoor cafe and more pedestrian activity in the center of the plaza will make Roosevelt Plaza more attractive to downtown shoppers, workers and tourists. Thank you for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 91 CARROLL BURACKER & ASSOC., INC. Fire Dept. Study I recently learned that the selection panel for a vendor to conduct a Fire Department Study was considering a firm called Public Management Group. Since I have been in public safety consulting for nine (9) years and have not heard of this firm, my staff conducted some background reviews. It seems that Public Management Group operated under another company name, University City Science Center. In 1992, my firm was selected by a municipality where University City Science Center had previously conducted a fire study. That may be of interest to you or the panel. For the record, I am not protesting any selection of a vendor. We have never protested, and I don't intend to start. However, it seems to me that Buffalo might want a company that has utilized the same staff in fire services studies for more than five years. To my knowledge, we are the only firm that can make that statement. Two of the leading mayors in the U.S. publicly endorsed our work. Our firm has been selected in four cities where other firms have conducted prior public safety studies. The enclosed newspaper article is from our latest study (three weeks ago) in New Jersey, across from Manhattan, NY. North Bergen will save more than $1 million annually, according to the Mayor and Mr. Auriemma. I wish you the best of success in your important fire services study. RECEIVED AND FILED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS-1. No. 92 ALFRED COPPOLA Greater Buffalo Partnership Efforts for Support of Financial Plan as Presented. I am enclosing a letter and literature mailed by the Greater Buffalo Partnership to local businesses soliciting support for the plan as submitted by the Financial Plan Commission. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 93 ERIE CO. DEPT. OF ENVIRONMENT & PLANNING Environmental Hazard at Cargill This is in response to the Common Council of the City of Buffalo January 5, 1993 resolution (Resolution 147) regarding complaints by residents about the Seaboard Allied Department of Cargill Corporation. My staff has contacted the New York State Department of Environmental Conservation (DEC) which is responsible for the inspection and enforcement of environmental regulation at that facility. We have been told that on January 3, 1993, the facility experienced a breakdown of process equipment which resulted in an. emission of grain dust in the neighborhood. The DEC enforcement action as a result of the breakdown consisted of a monetary fine and a requirement to modify the equipment so that in the event of any future similar malfunctions, the grain dust will be contained within the building. As a result of a similar occurrence in 1990 on the same process, DEC required the firm to install alarms on the equipment to warn personnel of a problem. It is our understanding when the breakdown occurred on January 3, 1993, that because of a power outage to the control panel the alarm did not function resulting in the operator's failure to recognize that a dust discharge was occurring. The newly designed system will add a "fail safe" element to the process by discharging the system contents into the building. The Erie County Environmental Compliance Services (ECS) is a non-regulatory program which provides assistance to companies who need help in regulatory compliance issues. The information from DEC indicates that the company normally performs in compliance with state's environmental laws and regulations, however we will contact Cargill and offer the company an opportunity to consult our Office of Pollution prevention program for potential pre-emptive strategies. If we could be any help to the City of Buffalo regarding this matter, please contact Michael Raab, Deputy Commissioner, Environmental Compliance at 858-6370. Thank you for bringing this matter to my attention. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 94 JAMES DAVIS Illegal Demolitions in Masten And Ellicott Districts There are a number of demolitions of residential property occurring in the Masten and Ellicott Districts that are illegal, unjustified, and violative of procedural due process as well as negligent. Additionally, it should be noted that these premises are first stripped by the contractors who have received the contract from the City of Buffalo to perform the demolition. This type of stripping of properties occur even when the property had been restored, renovated and refurbished. On at least two (2) occasions, the owners had stored material necessary to complete the work in the buildings. Sad to say, these materials were "ripped off" unceremoniously and with impunity. How does this happen? Well, the usual case is one where the record owner of the property is Mr. #1 and the property is transferred to Mr. or Ms. #2. The computer, being about six (6) months behind, shows the prior owner, the person against whom the City has instituted demolition proceedings. More specifically, l refer you to the plight of MR. JAMES HASKINS, second owner of 20 Timon Street, Buffalo, New York. Though he had filed a Notice of Claim against the City of Buffalo, as well as commenced a law suit, because of partial demolition of his real property at 20 Timon, the City of Buffalo, has not settled his case after more than a year. Adding insult to injury, the City even served him with a summons to appear in Housing Court. As a direct result of this summons, he has lost time from work; as a direct result of the partial demolition of a "ready-to-rent-renovated building," he has lost several thousand dollars in the rental income and materials "ripped off" by the contractors who partially, and erroneously, demolished his realty. Another case in point is that of MS. MARY WADOOD who purchased 64 Pink Street. That property, the wrong one, was completely demolished. Before the demolition, however, the contractors "ripped off" the building materials stored therein, and did not recognize the fact that substantial repairs had been made, and that the house was almost completely renovated. This letter is written in the hope that you can expose this type of unwarranted activity, and to alleviate the punitive financial burden it is placing on our citizens--your constituents. An early reply would be appreciated. Thank you. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 95 BRIAN HIGGINS Oppose Rechanneling I write in strong opposition to TCI's recent rechanneling. Yesterday, in a 3-0 vote, the FCC adopted regulations to control cable rates for subscribers of basic service. One only has to look at the new channel lineup to see TCI's manipulation of programming positions to increase service costs to consumers at a time when federally mandated cost controls are being enacted. As you stated in the March 19 Buffalo News, "It is obvious that Congress wants cable to offer a low-cost basic service." The basic service offers 22 stations, including 4 premium channels, three "reserved for future use," and two promoting pay-per-view movies. The "basic" customer is left with 13 selections, most found on any non-cable television set. Obviously, the "basic" customer pays for better reception. Is that what you believe the public wanted when they fought for cable reregulation? Is that what you believe Congress wanted when it approved reregulation (the only veto overridden during George Bush's presidency)? Clearly, the cable customer is one who wants more than network and local programming. These selections may include CNN, C-Span, AMC, A &E, ESPN and other sports stations, TNT, and children's programming. And where are these prime selections now located? In the expanded basic service and on channels 47-56 which is beyond what sole televisions can reach, thereby requiring a converter. Let me state that what is obvious is that those on limited, fixed incomes who do not own a newer television, or have the money to purchase a set or converter, will have to pay an additional $4.50 monthly to rent a TCI converter to receive the cable offerings they have come to expect and enjoy. It is these kinds of issues that serve to erode confidence and trust and good faith in the franchise renewal negotiations between TCI and the City of Buffalo. It is these kinds of issues that precipitated the move to reregulate the cable industry. I can assure you that my emphasis will be on consumer protection focusing on service and performance standards. This most recent cynical attempt by TCI to blame reregulation for the programming realignment requiring an increase in converter rentals intensifies my resolve to put the consumer first. I look forward to listening to and speaking on behalf of my constituents, your subscribers, at the public meeting set for April 15. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 96 MULTIPLE PARKING SERVICES, INC. Parking Concession Skyway/Thruway Loop Let me preface by stating that the issue before you is not the mandate of a performance bond, but the failure to enforce it. For more than thirty years this and other similar properties have been bid successfully by the City and State of New York with performance bond requirements. This is a common practice among municipalities throughout the country. Simply, if you can't get a performance bond, what is your commitment worth? Should the City be doing business with people who can't get a bond on such requirements? The Charter' says no! The cost of a performance bond is approximately $20 per thousand par year, and a demonstration of some net worth. Where is the City obligated to do business with people with no net worth? Quite the opposite should be your obligation. There is no public good in what has recently occurred. Sentry Parking is a shell corporation of the much larger and substantial Century Parking Corporation of California. It is commonly held that their default was more a consequence of' bidding irresponsibly. Upon recognizing the staggering losses they were facing over the term, failure to secure a performance bond simply became an excuse to bail out. After all, did they not produce a letter from a surety company at the time of bid evidencing their ability to secure a performance bond? With no performance bond as security the City is left with little or no recourse for damages. Therefore, it seems ill-advised to do business with people that are telling you right up front that they may not be able to keep their word! This is, in fact, the issue that EMPARK has brought before you today. The letters EMPARK has forwarded to this Honorable Body, the Mayor, and the Comptroller are filled with inconsistencies and half-truths. They are thinly veiled smoke screens for their real objective which is to delay this process in order that they continue occupying this property throughout the lucrative months when Memorial Auditorium is active. Their letters even brazenly suggest that they be extended through May 31, 1993. EMPARK's allegations that it did not have sufficient time to secure a performance bond is another half-truth. They have been invited to participate in several other City bids within the past two years, and the requirements have not changed. They received the specifications when this project was originally bid in October , 1992. They were advised in Mr. Gallagher's letter of January 25, 1993 that a formal re-bid process would take place in the weeks following the Emergency Bid, and full specifications were provided at that time, including the performance bond requirement. They were again appraised of this process along with all other operators in attendance at the January 29th Emergency Bid opening. They had plenty of' time and advance notification to make arrangements for bonding. Their allegations that the City would lose $3,000 per month by awarding the bid properly is deceptive and mathematically incorrect. Rentals on this property are distributed 60% to BURA and 40% to the New York State Thruway Authority, the City of Buffalo receives nothing directly. The difference in bid numbers as presented by EMPARK is wrong, improper, and an obvious attempt to manipulate opinion. Our bid of $18,333 per month was based on a full three year term occupancy. Their bid was simply on a two month Emergency basis during prime Auditorium season. Our Emergency Bid on a similar basis was $20,200 per month. A true comparison should be made with our proposal last October in which we bid $22,622 per month. Unfortunately, the value of this property as a commercial parking lot has been damaged by inept operations, consumer indifference, and weakened market conditions. EMPARK's plea to give small business a chance is noble, but not relevant to this issue. They had their chance. This Canadian owned company's approach to this business is more parasitic than entrepreneurial. They feed off the hard work and sweat of others, and give nothing back to the community. Multiple Parking Services, Inc. operates within the system and plays by its rules. For that we should be recognized and held out as an example to others in this industry, not unjustly criticized. We pay all our employees legitimately on the books, we provide them a full health benefit package with profit sharing, we pay our New York State sales taxes, we clean and maintain our facilities. We own property in the City of Buffalo and we pay our property taxes on time. We are active in community and charitable organizations, and we contribute generously within our means. We are long term players and expect to do business in this community for a long time to come. We bid this project fairly and within the established guidelines, and respectfully request your approval thereof. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL. No. 97 NYS GOVERNOR MARIO M. CUOMO State Assistance For Budget Shortfall After careful review of the Five Year Financial and Management Plan for the city of Buffalo and subsequent discussions with the city's elected leaders, I will recommend to the Legislature that Buffalo receive one-time state assistance of $10.3 million to help close the projected 1993-94 budget gap. The "extraordinary aid" is contingent upon the ability of the Mayor and Common Council to enact local initiatives that will address the remaining $14.4 million shortfall. I commend the members of the Buffalo Financial Plan Commission and Work Teams for their diligence and hard work in preparing the five year plan. The document's recommendations were very useful to me and my staff in reaching my conclusion that Buffalo indeed needed special help. In addition, the plan is consistent with my agenda to help relieve the regressive burden of property taxes. This year, I have introduced a comprehensive package of property tax relief measures which include mandate relief and local options for both consolidation and raising revenues through alternatives to the property tax. If enacted by the Legislature, this will result in billions of dollars of savings to local governments statewide. Thank you again for your efforts and good work. RECEIVED AND FILED. No. 98 PAR-FOAM PRODUCTS Request Removal of Conditions on Sale of 16 Emslie. The Common Council recently granted approval to purchase the above by Par-Foam Products, with two (2) conditions. At this time they cannot secure Title to 16-18 Emslie due to a major difference in perceived value by both parties. We are requesting that you consider the Sale by removing the condition that they acquire 16-18 Emslie. If you are willing to close with this condition removed, Par-Foam can act immediately. Please notify as soon as possible. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 99 PUBLIC MANAGEMENT GROUP Reply to Local 282 Objections This letter is in response to a letter from the Buffalo Firefighters Association, Inc., to the Common Council regarding the award of a contract to the Public Management Group (PMG) to conduct a study of the fire department. Each of the major topics raised in the union's letter is addressed in separate topical headings. In those sections dealing with prior reports, I responded to the union's remarks and included references from personnel who will comment on the quality and appropriateness of our work. Response Time Standards The response time standard referenced in the letter represents the current thinking of the International Association of Firefighters. It incorporates, modifies, adds to and, in some cases, exceeds standards recommended by other organizations including the American Heart Association, the Insurance Service Office and the National Fire Protection Association. The performance standards proposed for adoption in Buffalo will have an impact on the development of a station location plan. In keeping with its proposal, PMG recommends the formation of a study committee that would participate in the development of response time and other performance standards for the fire department. PMG will assist the study committee in reviewing the components of response time and other fire service standards recommended by various professional associations. Station Location Modeling The Rand fire station location modeling system was developed in the late 1970's. It provides theoretical and mathematical underpinnings of personal computer software for station location analysis. The Rand algorithms provide travel time estimates of first and second due engines and first and second due ladder companies. Two engines and a ladder company constitute the first due response to structure fire calls in most departments. Station location planning can be done on older generation custom software such as FIREROUTER and Public Technology, Inc's Fire Station Location Package as well as on newer generation software with enhanced data importing and mapping capabilities such as FLAME and FireSim. LANDTRAC, a generalized Geographic Information System (GIS) mapping software, provides some interesting mapping capabilities. However, to produce usable analysis, it must be used in conjunction with other software. The type of software chosen to conduct the analysis in Buffalo should be compatible with the city's current GIS and the department's Computer Aided Dispatch System (CAD). PMG's proposal provides for a review of the city's current data collection and processing capabilities to determine data needed for the study and for the software that best meets the city's needs and capabilities. Norfolk, Virginia Norfolk operated separate fire and EMS (paramedic) departments at the time of the study. The demand for EMS ambulance services had outstripped the capacity of the EMS department to provide adequate care. The Norfolk study served as a foundation for substantive negotiations between city administrators and the separate fire and EMS departments. The study enabled all parties to come to the consensus that EMS ambulance care needed to be substantially increased. The report provided four options for the study committee to address in redesigning fire and EMS care. During a 6-month period of intensive negotiations following the study, the city and the two departments negotiated an agreement that led to the integration of the two departments. Key negotiated items were the cross training of paramedics as fire fighters, an increase in the paramedic work week from 42 to 52 hours (to conform to the fire fighter workweek) and medical control's agreement to allow paramedics to work 24-hour shifts. The Norfolk report did not recommend any reductions in the number of fire stations or in the budget for fire and EMS services. It provided for the redeployment and retraining of personnel (paramedics and fire fighters) to improve EMS care. References: Darlene Burcham Chief Don Haupt Assistant City Manager Fire/EMS Department Norfolk, Virginia Norfolk, Virginia (804) 441-2471 (804) 441-2171 Tulsa, Oklahoma The Tulsa report recommends the redeployment of suppression resources through the closing of two of the city's 30 fire stations and the implementation of state-of-the-art apparatus. The Tulsa study did not recommend the elimination of nine engine companies and three ladder trucks as the union letter states. The redeployment plan provided options for the possible redeployment of 60 fire fighters. The report recommended that the city consider the following factors in redeploying its suppression resources: Interest in increasing coverage in the eastern and southern sections of the city. Planned stations in these areas should be staffed by closing redundant stations in the west central sections of the city and relocating the apparatus and personnel from these stations. Need to reduce anticipated budget deficits because revenues will not support expected service delivery costs. Desire on the part of fire fighters to increase staffing on some apparatus. Need to remodel older stations and re-outfit them with new furnishings. Need to phase out older apparatus and replace them with new models. Need to improve prevention services. References: James Halpin Robert Lemons City Council Staff Chief Administrative Officer Tulsa, Oklahoma Tulsa, Oklahoma (918) 596-7411 (918) 596-7411 Jackson, Mississippi Joseph Donovan was hired as an interim fire chief in Jackson after the fire chief retired. During the course of his interim tenure the Mayor and Council selected him as the permanent chief of the department. The study contained 227 recommendations. As of March 1993, 155 recommendations had been implemented. Most of the remaining recommendations are planned for implementation in the near future, pending the first promotions in five years, the installation of a new computer aided dispatch and records management system and the completion of a personnel management study. References: Mayor Kane Ditto Joseph Graham City of Jackson Assistant Fire Chief Jackson, Mississippi Jackson, Mississippi (601) 960-1084 (601) 960-1392 Study Recommendations PMG studies contain a variety of recommendations. Some recommend increased resources, while others involve resource reductions and redeployment of resources. All of our studies make recommendations for improved fire and EMS services based on the efficient and effective use of personnel and apparatus. Recommendations are customized to individual department and community demographics to ensure that citizens receive cost-effective services. Benchmark Survey Comparative analysis using survey techniques is an accepted practice in the public sector. Cities use surveys to gather budget, pay and operational data from nearby and similar communities to assist in decision processes. The International City Management Association has described survey-based fire and emergency medical benchmarking as "an extremely powerful process for improving performance." PMG's comparative survey database contains information from a number of cities. We find it is most useful when customized to the study jurisdiction. PMG proposes to customize the survey in conjunction with the study committee. State of the art benchmarking is only one of the tools used to conduct the analysis, provide decision makers with information and develop recommendations that will work in Buffalo. PMG welcomes the opportunity to work with the City on designing a fire protection system. It is our intention to conduct an objective study and to provide the City with the best and most current thinking on how to provide cost-effective fire and first aid services. Please call me if you have any questions about this letter or other aspects of our proposal. RECEIVED AND FILED. No. 100 RANSOM AUTO PARTS INC. Junk Vehicle Bid Offer My name is Chester Haniszewski and I have submitted a bid for junk vehicles at the police garage for $42.00 per unit picked up by our trucks at the police pond. The bid for the cars delivered to the bidders location was for $56.00 per unit. I believe we can save the city money by picking up the cars ourselves, because they cannot deliver or pay to have delivered cars by private trucks for $14.00 per unit I presume it cost the city around $28.00 to $30.00 per unit or some odd dollars per unit when they pay private contractors to tow or flatbed a vehicle. I would appreciate a answer on this matter, phone number is 684-1520 from 9 A.M -5 P.M. Monday thru Friday. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 101 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Report On Sevin My office has received a copy of a resolution of the Common Council of the City of Buffalo dated November 24, 1992 which requested a report from the United States Environmental Protection Agency (EPA) on the pesticide sevin (carbaryl). The resolution requested information about the health risks and environmental impacts of Buffalo's use of carbaryl in the maintenance of the city's elm trees, and also requested information about least-toxic pest management techniques, including documented examples of municipalities that have successfully achieved a non- or least-toxic means of pest management. I am providing some of the information you requested, and am recommending other sources for you to contact to fill the rest of your information needs. Enclosed are three documents which discuss the human health effects of carbaryl. In the early 80's, public concerns were raised about the use of carbaryl in gypsy moth control programs, prompting EPA to develop the enclosed document dated May, 1982. This document explains in clear language the meaning of health effects evidence that was available to the Agency at that time. Also enclosed is a fact sheet developed in 1985 which details the available information about the toxicity of carbaryl. Of particular interest to you may be the fact sheet's "Summary Science Statement". Since 1985, as part of the ongoing program to reregister older pesticides, the existing data base on carbaryl has been reevaluated and additional studies are now available. This information is summarized in the enclosed update to the fact sheet. As indicated in the update, data were recently submitted which may indicate that carbaryl is carcinogenic. However, the results of the studies in question have only had a preliminary review. EPA science staff explained, in the update, that "these data are selected findings in...two studies and do not permit an evaluation of the carcinogenic potential or a risk assessment from exposure to carbaryl until both studies are evaluated in their entirety later this year." Previous carcinogenicity studies have indicated that carbaryl is not carcinogenic. At present, EPA's overall position is that, when used according to label instructions, carbaryl is not expected to cause unreasonable adverse effects, either to human health or the environment. If you wish to research alternative pest management practices, I can offer the following advice on where to go for information and guidance. You may first want to inquire at the state Cooperative Extension Service operating in one of the counties in your area. This should be listed in your phone book under County Government. My staff has also identified several experts in 1PM techniques who should be able to advise you. In New York, you may wish to contact Ms. Nina Bassuk, Associate Professor of Floriculture (607-255-4586), or Mr. Don Rakow (607-255-3758), Assistant Professor of Landscaping, both at Cornell University. Another organization which may be of help to you is the Bio-Integral Resource Center (BIRC), based in Berkeley, California. At BIRC, you should contact Ms. Sheila Daar (510-549-2567). Ms. Daar is co-author of a book which would itself be a useful resource for you: "Common-Sense Pest Control", by William Olkowski, Sheila Daar, and Helga Olkowski, published in 1991 by Taunton Press. This book contains a chapter titled, "Implementing the 1PM Concept for Urban Shade Trees", which describes examples of communities that have successfully achieved programs using least-toxic pest management techniques. EPA's regional office in Seattle, WA employs another 1PM specialist who has worked as an extension agent, and from who you may find valuable advice: Ms. Sharon Collman (206-553-2960). Ms. Collman has already offered two suggestions to your Council: first, you should examine the cost to the city of the loss of the trees if pesticides are prohibited completely; perhaps the costs do not outweigh the benefits of pesticide use. Second, you should carefully examine the alternative treatment methods that will be used if carbaryl were prohibited; for example, malathion is an alternative to carbaryl, and this insecticide may be equally or more toxic to humans than carbaryl. EPA supports your approach of seeking the least toxic treatment method, and is actively working to advance the science and practice of Integrated Pest Management (1PM). 1PM has as one of its goals the use of the least toxic pest control method. EPA is currently developing a book entitled "1PM for Turf and Ornamentals". This may be of interest to you, and will hopefully be ready for publication later this year. I hope this information is helpful. If you have additional questions, please feel free to contact my office again. REFERRED TO THE COMMITTEE ON LEGISLATION , THE ENVIRONMENTAL MANAGEMENT COMMISSION, THE PEST MANAGEMENT CONTROL BOARD AND THE COMMISSIONER OF PARKS. PETITIONS No. 102 Horace M. Rosteing, M.D. & O - favor curfew. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 103 Nancy Greene & O - Favor New Animal Shelter. REFERRED TO THE COMMITTEE ON FINANCE. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 104 Salary Ordinance Amendment 20-4 Department of Police Bureau of Administrative Services Temporary Services as Required (Item No. 184, C.C.P. Mar. 16, 1993) That the Salary Ordinance Amendment as contained in Item No. 184, C.C.P., March 16, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 105 Appointment Street sanitation/Truckdriver That Communication No 42 CCP Mar 2, 1993 be received and filed and the Permanent appointment of James B. Higgins, Steven R. Iraci & Thomas F. Serra stated above at the Intermediate salary $22,208.00 effective on Feb 23, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 106 Appointment Street Sanitation/Truckdriver That Communication No 43 CCP Mar 2, 1993 be received and filed and the Permanent appointment of Anthony B. Serra stated above at the Maximum salary $22,815.00 effective on Feb 23, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 107 Appointment Street Sanitation/Truckdriver That Communication No 44 CCP Mar 2, 1993 be received and filed and the Permanent appointment of Matthew J. Rainero & Frederick Napierala stated above at the Maximum salary $22,815.00 effective on Feb 23, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 108 Appointment Public Works/Laborer I That Communication No 47 CCP Mar 30, 1993 be received and filed and the Permanent appointment of Sean Sullivan stated above at the Maximum salary $9.30hr. effective on Mar 15, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 109 Appointment Public Works/Data Control Clerk That Communication No 48 CCP Mar 30, 1993 be received and filed and the Temporary appointment of Judy Banks stated above at the Intermediate salary $22,351.00 effective on Mar 15, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 110 Appointment Public Works/Engineering Aide That Communication No 49 CCP Mar 30, 1993 be received and filed and the Provisional appointment of Timothy Hanaratty stated above at the Maximum salary $23,107.00 effective on Mar 15, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 111 Appointment Street Sanitation/Laborer II (Daily) That Communication No 69 CCP Mar 30, 1993 be received and filed and the Temporary appointment of Michael W. Schmitt stated above at the Maximum salary $86.18/hr. effective on Mar 15, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 112 Appointment Human Resources/Program Director/Youth Counseling That Communication No 76 CCP Mar 30, 1993 be received and filed and the Permanent appointment of Elizabeth Wilk stated above at the Intermediate salary $30,260.00 effective on Mar 22, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 113 Notices Of Appointments (C.Clerk) (Item # 85 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 114 Buffalo Philharmonic Orchestra Stabilization Report of BPO (Item No. 68, C.C.P., Nov. 10, 1992) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Collins now moved to recommit to the Committee on Finance and also refer to the Council President. ADOPTED. No. 115 1993-1994 Budget/Pilot Field (Mayor) (Item # 6 CCP Feb 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 1993-1994 Pilot Field Budget (A&F) (Item # 71 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Solicitation of Funds Application CCE - Citizens Campaign for the Environment (Item No. 41, C.C.P., Mar. 30, 1993) That the Commissioner of Public Works be and hereby is authorized to grant an exemption to solicit funds under Chapter 316, Article VI of the City of Buffalo Ordinances to Citizens Campaign for the Environment within the City of Buffalo for April 1993. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 118 Delavan Ave. Armory/Lease Agreement (Item # 47 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Delavan Avenue Armory/Lease Agreement (A&F) (Item # 50 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Purchase Dodge Property - Early Childhood Center (Item No. 32, C.C.P., Mar. 16, 1993) That the Comptroller, be and he hereby is authorized to acquire the following property on behalf of the Buffalo Board of Education in accordance with Section 2557 of the New York State Education Law: Beginning at the point of intersection of the south line of Dodge Street (60.0 feet wide) with the west line of Pershing Avenue (42.0 feet wide, now abandoned; running thence south along the said west line of Pershing Avenue, a distance of 360.08 feet to a south line of lands conveyed to God City Housing Development Fund Co., Inc., by deed recorded in the Erie County Clerk's Office in liber 9067 of deeds at page 412; running thence west at right angles to the said west line of Pershing Avenue and along the south line of last describe lands, a distance of 131.0 feet by deed, being 130.37 feet measured to a southwest corner thereof; running thence north at right angles to the last describe line along a west line said God's City Housing Fund Co., Inc., lands a distance of 360.27 feet to the said south line of Dodge Street; thence east along the last describe line, a distance of 131.0 feet by deed being 130.67 feet measured to the point or place of beginning; containing 1.078 acres, be the same, more or less. The property is to be acquired for a purchase price of $36,000, on the terms and conditions described in the above referenced communication; and That the Corporation Counsel be and hereby is authorized to prepare the necessary documents to acquire the property. PASSED. AYES- 13 NOES- 0. No. 121 Status Report/New Animal Shelter (Compt) (Item # 24 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 122 Status Report/New Animal Shelter (PW) (Item # 39 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 123 Permission To Engage Consultant- Centralized Maintenance Garage Item No. 31, C.C.P., Mar. 30, 1993 That the Commissioner of Public Works be, and he is hereby authorized to prepare plans and specifications, advertise and receive sealed proposals for the proposed Centralized Maintenance Garage (former Truscon Building), with said costs to be charged to Capital Projects Fund #200-401-090. PASSED. AYES- 13 NOES- 0. No. 124 P. Holmwood/Forgive Interest/Taxes/27 Harbour Pt. (Item # 101 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Forgive Interest On Taxes/27 Harbour Pt. (Assmt) (Item # 27 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 P. Holmwood/Forgive Interest On Taxes /27 Harbour Point (CC) (Item # 58 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 25 Merrimac/Forgive Water Bill (Item # 147 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 25 Merrimac/Forgive Water Charges (PW) (Item # 38 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 25 Merrimac/Forgive Water Charges (CC) (Item # 59 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Cancellation of Grass Cutting Assessment 159 Archie Street (Item No. 192, C.C.P., Mar. 16, 1993) That the Common Council approves the cancellation of grass cutting charges in the amount of $50.00 for 1992 at 159 Archie Street. That the Common Council requests the Commissioner of Assessment to remove the charge from the assessment roll and the Commissioner of Street Sanitation to correct his records to indicate the cancellation of this charge. PASSED. AYES- 13 NOES- 0. No. 131 159 Archie/Grass Cutting Charges (Assmt) (Item # 28 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 159 Archie/Grass Cutting Charges (Sts) (Item # 68 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Erie County Takeover Of Tax Billing (Item # 148 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Erie County Takeover Of Tax Billings (A&F) (Item # 53 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Oppose County Takeover Of Tax Billing (Assmt) (Item # 35 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 BURA Payroll Policy (Compt) (Item # 25 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Review Of Settlement Policy (CC) (Item # 62 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Opening Of Delaware Park Casino (PW) (Item # 40 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Reply To State Audit (C.Clerk) (Item # 79 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 140 Timothy Hyland, Rezone 73 Holt to R-2 (Item No. 98, C.C.P., Mar. 30, 1993) That the Common Council of the City of Buffalo do hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "R2" Residential District rather than a "M-1" District for the premises known as 73 Holt, Buffalo, more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie, State of New York, being part of Lot No. 57 (Fifty-Seven) Township 10 (Ten), Range 8 (Eight) of the Buffalo Creek Reservation and further distinguished as subdivision lots numbers 103 (One Hundred Three) and 120 (One Hundred Twenty) as shown on map filed in Erie County Clerk's Office under Cover Number 191. This rezoning shall be effective providing the following condition is met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings of negative impact under said Act. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 141 Delaware Towers/Use 1088 Delaware (CPBD) (Item # 13 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Family Restaurant of Buffalo, Petition Use 1094 Broadway (Item No. 142, C.C.P., Mar. 30, 1993) That after a public hearing before the Committee on Legislation on April 6, 1993, the petition of Family Restaurant, owner, for permission to use 1094 Broadway for a pole sign be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 143 2609 Bailey/Restaurant dancing (PW) (Item # 32 CCP Oct 13, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 K/B Block Club/Oppose Dance License 2897 Bailey (Item # 102 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Restaurant/Dancing Class IV License 274 Delaware Avenue (Item No. 54, C.C.P., Mar. 16, 1993) That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class IV License to Dennis P. Long, proprietor of Buffalo Underground, Inc., 274 Delaware Avenue, and the same be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 146 Buell Street Renamed Dignity Circle (Item No. 30, 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 now moved: That the portion of Buell Street extending from East Humboldt Parkway to the former right-of-way of the NYC & HRRR ("Belt Line") is to be renamed "Dignity Circle" under Item No. 53, C.C.P., December 8, 1992. PASSED. AYES- 13 NOES- 0. No. 147 Encroach Sidewalk Cafe - 1330 Niagara Street (Item No. 56, C.C.P., Mar. 16, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Frank Militello, owner of Frank and Marias Restaurant, located at 1330 Niagara Street, to install a sidewalk cafe 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 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 fifteen feet in length or extend more than seven 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 l 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) 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. PASSED. AYES- 13 NOES- 0. No. 148 Encroach Sidewalk Cafe - 5 Genesee Street (Item No. 43, C.C.P., Mar. 30, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Jay H. Gershberg, owner of Bagel Brothers, located at 5 Genesee Street, to install a sidewalk cafe 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 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 thirty feet in length or extend more than fifteen 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 l 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) 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. PASSED. AYES- 13 NOES- 0. No. 149 Encroach Awning - 1371-79 Main Street (Item No. 45, C.C.P., Mar. 30, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to 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, to install an awning which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES- 13 NOES- 0. No. 150 Ordinance Amendment/Ch 12 Ethics (Recalled) (Item # 56 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Request Anti-Cruising Ordinance (Item # 145 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby approved. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 152 Anti-Cruising Ordinance (Pol) (Item # 53 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 153 Ban 40 Ounce and Larger Containers of Beer and/or Liquor (Item No. 146, C.C.P., Mar. 16, 1993) That the Buffalo Common Council oppose the sale of 40-ounce and larger containers of beer and strongly urge brewing companies to cease advertising in the minority community, and; That representatives of all brewing companies be invited to a meeting of the Legislation Committee to discuss this resolution, and; That the City Clerk's office forward a certified copy of this resolution to the New York State Liquor Authority and the U.S. Bureau of Alcohol, Tobacco and Firearms, expressing the Buffalo Common Council's strong concern regarding these containers and affirming this city's commitment to the public health and safety of all its citizens. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR, COPPOLA- 2. No. 154 Banning 40 Ounce Beer/Liquor Containers (CC) (Item # 60 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 L. DeMartino & O- Favors Curfew Ordinance (Item # 100 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 Establish Parking Ticket Amnesty Program (Item # 167 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 Gun Amnesty Information (Pol) (Item # 52 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 Insurance Increase Due To Firehouse Closings (Item # 170 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 CAIC/Prosecute Persons Dumping Garbage (Item # 99 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Support Composting Project (EMC) (Item # 17 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Use Of Recycled vs. New Paper (GS) (Item # 77 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 Occupancy Limitations Agreement BMHA/HUD (Item # 148 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 H.U.D./Title VI Agreement With BMHA (Item # 97 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 NYSDOH/Site Assessment Report Tifft/Hopkins (Item # 105 CCP Mar 16,1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 165 By: Mr. Arthur Old General Electric Building 1495 Fillmore Avenue Whereas: The old General Electric building has a very serious asbestos problem; and Whereas: Said permit that was issued to remove this asbestos has expired; and Whereas: It has been reported that before the expiration, that asbestos was illegally removed from said building over the objection of residents of the adjacent area. Now, therefore, be it resolved that: We are requesting that the Commissioner of Inspections and Community Revitalization file an immediate report on the status of the removal of asbestos from the old General Electric building. Be it further resolved that: We are requesting a report as to the alleged illegal removal of the asbestos prior to the expiration date of the permit. Be it finally resolved that: Said report be filed by the next stated meeting. ADOPTED. No. 166 By: Mr. Arthur Demolition, 1200 Block, Fillmore Ave. Whereas: On Wednesday, April 7th, a demolition was taking place in the 1200 block of Fillmore Avenue; and Whereas: There was a considerable amount of dust and debris that was flying through the neighborhood; and Whereas: The Contractor was asked to spray the building to prevent this dust and debris from flying through the neighborhood; and Whereas: The residents was told by Mr. Mark Gannon that they cannot spray any building being demolished, until after April 15th. Now, therefore, be it resolved that: This Council is requesting that the Commissioner of Inspections and Community Revitalization file a report with this Honorable Body, detailing why buildings subject to demolition cannot be sprayed until after April 15th. Be it further resolved that: Said report should contain what City, State or County ordinance prevents us from spraying during demolition. Be it finally resolved that: This report is to be filed by the next stated meeting. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE MAYOR'S TASK FORCE. No. 167 By: Messrs. Arthur, Collins, Coppola, Pitts, Amos, Bakos, Bell, Fahey, Franczyk, Perla and Zuchlewski Request County to Pass Item Pricing Law Whereas: Erie County law, which requires individual price stickers on food items sold in grocery stores and retail stores, was challenged in court by food merchants before enforcement could begin; and Whereas: Many stores in Buffalo and Erie County do not currently place individual price stickers on food items, causing confusion and hardship for shoppers; and Whereas: On November 13, 1992, State Supreme Court Judge Joseph D. Mintz declared the county item pricing statute constitutional but temporarily unenforceable by determining the statutory penalty provisions to be unconstitutional and stricken; and Whereas: Since November 13, 1992, no local law has been introduced in the Erie County Legislature creating new statutory penalty provisions in accordance with Judge Mintz's decision; and Whereas: Such a local law would impose penalties on stores which fail to comply with individual item pricing; and Whereas: A broad coalition of local consumer and senior citizen groups, including the Erie County Consumer Protection Committee, Citizens Alliance, the New York Public Interest Research Group, the Council of Senior Citizen Clubs of Buffalo and Erie County, and Citizen Action, advocates the swift passage of legislation requiring strong item pricing penalties; and Whereas: Consumers in the many stores without item pricing currently cannot compare the prices of most items. These consumers also cannot verify the accuracy of the cashier or laser scanner at the checkout counter, compute the cost of a cart of basket's worth of groceries or check the register receipt against the item prices; NOW, THEREFORE BE IT RESOLVED: That the Common Council believes it is in the consumers' best interest to have individual price stickers on grocery items; and BE IT FURTHER RESOLVED: That the Common Council does hereby urge the Erie County Legislature to swiftly introduce and repass statutory penalty provisions as an amendment to the Erie County Item Pricing Law, while leaving the remainder of that law as it stands; and BE IT FURTHER RESOLVED: That such penalties must be stringent enough to deter stores from openly violating the law as some supermarket chains were able to do under the former state item pricing law; and BE IT FURTHER RESOLVED: That this Common Council memorializes the Erie County Legislature to quickly introduce and pass a local law creating a new statutory penalty provision to allow swift enforcement of the Erie County Item Pricing Law; and BE IT FINALLY RESOLVED: That the City Clerk forward certified copies of this resolution to the Erie County Legislature. ADOPTED. No. 168 By: Mr. Arthur Urge Councilmembers and Others To Ignore and Refuse To Answer Buffalo News Survey Whereas: The Buffalo News has prepared and mailed a questionnaire on city government and the Common Council in order to survey "people in civic, business, and political circles."; and Whereas: Although the reporter distributing the News' survey claims that he has "gone to great lengths to ensure a representative sampling in terms of race and geography," the survey has not been prepared or distributed using acknowledged scientific sampling methods; and Whereas: Without employing proper scientific safeguards for gathering data, test results will not give an accurate picture and therefore any newspaper article written using this faulty information will be subjective at best and can be prejudicial or deleterious to Councilmembers who are named in the News' survey; and Whereas: Using this flawed system for gathering data, and an equally unscientific method for analyzing the clouded data, will serve only to dishonor the integrity of this Common Council as a body and its membership as individuals; and Whereas: The survey by The Buffalo News is a veiled attempt to divide this Council and/or discredit or boost certain members under the guise of an objective, fair evaluation process in order to influence election results later this year; and Whereas: The members of the Common Council are under constant scrutiny by their constituents, place their trust and confidence in the hands of the public whose constitutional right it is to evaluate their performance, and should not be subjected to this charade by The Buffalo News; Now, Therefore, Be It Resolved: That this Common Council unite to denounce The Buffalo News for its attempt to compromise the integrity of our membership; and Be It Further Resolved: That the Common Council as a body ignore the requests made by The Buffalo News and refuse to answer and return its flawed, prejudicial, and potentially deleterious survey; and Be It Finally Resolved: That this Honorable Body urge all survey recipients to refuse to answer and return the survey distributed by The Buffalo News. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, LOTEMPIO, PERLA, PITTS- 10. NOES- FAHEY, HIGGINS, ZUCHLEWSKI- 3. No. 169 By: Mr. Bell Discharge Economic Development Committee LDA Engine # 16 (Vets Helping Vets) (HRG HELD) (No 155, C.C.P., March 30, 1993) (Com 76, C.C.P., March 16, 1993) Whereas, the above items are currently tabled in committee, and Whereas, it is no longer necessary for these items to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the committee from further consideration of these items, and the items are now before the Common Council for its consideration. ADOPTED. Mr. Fahey now moved that: 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- 13 NOES- 0. No. 170 By: Mr. Bell National Fuel Gas Policies Whereas: National Fuel Gas is one of the largest public companies in Western New York, providing retail gas services to thousands of retail customers throughout Western New York and northeastern Pennsylvania; and Whereas: While the utility company has reduced costs related to the reading of gas meters, such savings apparently have not been passed on to consumers; and Whereas: One of these is the increasingly frequent practice of estimated or calculated billing, in which consumers are not charged based upon an actual meter reading but are billed on the basis of estimate of gas usage; and Whereas: In most cases it appears that consumers are overcharged when estimated billing is done, and that NFG credits the account in question rather than providing a refund; and Whereas: In addition, NFG has moved away from its practice of assigning personnel to read residential meters and now increasingly relies on automated readings; and Whereas: The automated readings, done through telephone lines, relieve NFG of personnel expenses although it appears that no savings are passed on to consumers; and Whereas: Many consumers are also concerned about what impact this service has upon the integrity of their telephone lines; and Whereas: NFG should provide the public with complete information regarding its policies and procedures related to the billing process. NOW, THEREFORE BE IT RESOLVED: That this Common Council request that National Fuel Gas provide a report to this honorable body detailing its policies and procedures regarding meter reading, as well as the rationale behind those policies and procedures; and BE IT FURTHER RESOLVED: That the City Clerk be directed to forward certified copies of this resolution to National Fuel Gas. REFERRED TO THE COMMITTEE ON FINANCE AND NATIONAL FUEL GAS. No. 171 By: Mr. Collins Transfer of Funds Appropriation Allotments -Exempt Items Reserve for Capital Improvements Civil Service Commission 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 $2,000 be and the same is hereby transferred from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items -and said sum 15 hereby reappropriated as set forth below: From: 100 General Fund 81-9- Exempt Items 842- Reserve for Capital Improvements $2,000 To: 100 General Fund 050 - Civil Service Commission 085 - Capital Outlays 983 - Office Equipment and Furnishings Paper Shredder $2,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 172 By: Mr. Collins Transfer of Funds Appropriation Allotments Data Processing Comptroller 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 $10,000 be and the same is hereby transferred from the 04-0-002 Data Processing account for regular salaries, and said sum is hereby reappropriated as set forth below: From: 100 General Fund 04 - 0 Department of Audit and Control 002 - Data processing 110 - Regular Salaries $10,000 To: 100 General Fund 04 - 0 Department of Audit and Control 001 - Comptroller 583 - Unclassified $10,000 PASSED. AYES- 13 NOES- 0 No. 173 By: Mr. Collins Transfer of Funds Appropriation Allotments Enterprise Fund - Water - Department of Water That, pursuant to Section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $393,769 be and the same is hereby transferred from various accounts in Appropriation Allotments Enterprise Fund - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 98-0 Department of Water 012 - Filtration Plant Personal Services 110-Salaries-Regular $48,319 013 - Repair & Installation of Water Meters Personal Services 110-Salaries - Regular 30,000 114- Overtime Pay 5,000 015 - Distribution Systems Personal Services 110-Salaries-Regular 45,000 112 - Temporary Services 5,000 114 - Overtime Pay 60,000 021 - Administrative Services Personal Services 110-Salaries-Regular 15,450 81-3 Fringe Benefits 150 - NYS Employee Retirement System 90,000 156 - Social Security System 30,000 171 - Hospital & Surgical Insurance Active Employees 65,000 Total $393,769 To: 410 Enterprise Fund - Water 98-0 Department of Water 011 - Inspection and Meter Reading Personal Services 110-Salaries-Regular $10,856 121 - Acting Time 1,400 125-Longevity-Increments 1,120 012 - Filtration Plant Public Utility Services 221 - Electric 42,000 014 - Intake Piers, Towers & Tanks Personal Services 110-Salaries-Regular 6,100 114 - Overtime Pay 37,000 115 - Holiday Pay 1,000 125 - Longevity - Increments 480 Public Utility Services 221 - Electric 282,000 223-Gas 10,100 224 - Telephone & Telegraph 1,350 031 - Mechanical Services Personal Services 121 - Acting Time 123 032 - Servicing Automotive Equipment Personal Services 114 - Overtime Pay 240 TOTAL $393.769 PASSED. AYES- 13 NOES- 0. No. 174 By: Mr. Collins Capital Budget Amendment Addition To Capital Program 1992 - 93 That, pursuant to Section 359 of the Charter and the Certificate of the Mayor and the Comptroller, submitted to the Common Council, the Capital Program for the fiscal year 1992 -1993 be and the same is hereby amended by inserting the following items under the headings: 04-0 - Department of Audit and Control Retirement of City of Buffalo Outstanding Pension Liability Due to New York State Employees' Retirement System $6,880,202 Retirement of City of Buffalo Outstanding Pension Liability Due to the New York State Police and Firefighters' Retirement System $12,663,883 Total City $19,544,085 97-0 - Board of Education Retirement of Board of Education Outstanding Pension Liability Due to the New York State Employees' Retirement System 3,617,604 Retirement of Board of Education Outstanding Pension Liability Due to the New York State Teachers' Retirement System $19,061,045 Total Board of Education $22,678,649 Total Increased Authorization for Indebtedness $42,222,734 PASSED. AYES- 13 NOES- 0. No. 175 By: Mr. Collins The President's Stimulus Package Whereas: The President has proposed a 16 billion dollar stimulus package to respond to some of the nation's problems; and Whereas: This package includes dollars to increase summer jobs for the nations youth, impact on inner-city problems, and many public works projects; and Whereas: This package has been hopelessly held up in the United States Senate by a republican "grid-lock"; and Whereas: It would be unconscionable for the cities to continue to suffer and burn as a result of these political shenanigans; and Whereas: Residents of the City of Buffalo will continue to suffer needlessly as a result of the Senate's failure to act on this measure; and Whereas: Nero fiddled while Rome burned. Now, Therefore, Be It Resolved: That this Common Council urgently requests the republican leadership to end its hold up of the President's stimulus package in order that more Buffalo youths can have summer jobs this summer and many Buffalo projects can be executed that generate other full-time employment opportunities; and Be It Further Resolved: That this Council hereby directs the City Clerk to send certified copies of this resolution to Robert Dole (Majority Leader of the Republican Senate Caucus), Alfonse D'Amato (United States Senator), and President William Clinton. ADOPTED. No. 176 By: Mr. Coppola Immediate Termination of Robert Makowski Whereas: Streets Department Supervisor Robert Makowski was recently sentenced after pleading guilty to nine misdemeanors for overtime abuse; and Whereas: Although he defrauded the taxpayer and violated the public trust, he is still gainfully employed by the Street Sanitation Department, which has caused a definite moral problem in that department; and Whereas: This Common Council requested his immediate termination by resolution on March 2, 1993; and Whereas: Even though this administration is reluctant to terminate Mr. Makowski, there are previous incidents where city employees have been terminated immediately for alleged wrongdoing: Maryann Kochesburger, Geraldine Memmo, and Susan O'Connor for example; and Whereas: However, it appears as though Mr. Makowski is being rewarded rather than reprimanded as he is being allowed by this administration to retire in order to preserve his state pension. Now Therefore Be It Resolved: That this Common Council be on record in requesting that Mayor Griffin immediately discharge Robert Makowski. ADOPTED. AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- AMOS, ARTHUR, LOTEMPIO- 3. No. 177 By: Mr. Fahey Discharge Finance Committee Fire Dept. Manpower Utilization Contract Award (Res 169, C.C.P., March 30, 1993) Whereas, the above items are currently tabled in committee, and Whereas, it is no longer necessary for these items to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the committee from further consideration of these items, and the items are now before the Common Council for its consideration. LOST. AYES- FAHEY, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 4. NOES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, PERLA, PITTS- 9. No. 178 By: Mr. Fahey Require Possessor Of A Dog To Be Legally Responsible For Cleaning Up After It Whereas: Section 1310 of New York State Public Health Law states that it shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by the dog on any sidewalk, gutter, street or other public area; and Whereas: This statute applies in cities within the state having populations of four hundred thousand or more persons and in the cities of Yonkers and Albany; and Whereas: At the time this law was enacted, the city of Buffalo was included under the population provision; and Whereas: The most recent census figures put Buffalo's population at 328,123 people, eliminating the city from the provisions of the existing statute; and Whereas: Section 1310 of the Public Health Law does not preempt a local municipality from enacting a regulation under its police power which requires one in possession of a dog to be legally responsible for cleaning up after it; and Whereas: It is in the best interest of the city of Buffalo to enact a statute of this nature; Now, therefore, be it resolved: That this Common Council request that the Corporation Counsel's Office research the provisions of New York State Public Health Law Section 1310 and advise this Honorable Body on the most desirable and efficient method to implement legislation of this nature on a local level; and Be it further resolved: That the Corporation Counsel's Office file its report and recommendations with this Council prior to the next stated filing deadline of 2:00 PM on April 22, 1993. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FRANCZYK- 1. No. 179 By: Mr. Fahey Results Common Council Screening Committee to Review Prospective Consulting Agencies to Conduct a Study on Housing Preservation for the City of Buffalo Whereas: On December 28, 1992 the Buffalo Common Council sent out requests for proposals to prospective consultant agencies to conduct a study on Housing Preservation for the City of Buffalo; and Whereas: Three (3) Consultant Agencies answered the RFP and submitted proposals for consideration; and Whereas: All Common Councilmembers were invited to sit on a Screening Committee to carry out the task of reviewing the submitted proposals and interview members from the various consultant agencies in efforts to assess their qualifications. The Screening Committee participants were: Eugene M. Fahey - Majority Leader, Common Council Rosemarie LoTempio - Councilmember-at-Large David A. Franczyk - Councilmember, Fillmore District David A. Collins - Councilmember, Masten District Brian M. Higgins - Councilmember, South District; and Whereas: The Committee reviewed the proposals from the three (3) prospective consultant agencies and then conducted interviews; and Whereas: At the conclusion of the interviews, careful consideration was made based on written reports, oral reports and the criteria outlined in the grading system RFP; and Whereas: The participating Committee members unanimously ranked Price Waterhouse 3600 Marine Midland Center, Buffalo, New York as first in fulfilling all the requirements needed to offer the City of Buffalo the best study. Price Waterhouse has committed to perform the study within the $50 Thousand ($50,000) budget. Now, Therefore Be It Resolved That: The Common Council Housing Preservation Screening committee recommends that this Common Council negotiate a contract with Price Waterhouse, 3600 Marine Midland Center, Buffalo, New York to conduct a study on Housing Preservation for the City of Buffalo PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES COPPOLA- 1. No. 180 By: Messrs. Fahey and Zuchlewski Rescind Authorization to Negotiate Contract Renewal - Solid Waste Disposal With Amer-Ref Fuel (formerly Occidental Chemical Corporation) and Integrated Waste Systems, Inc., and to Require Formal Public Bidding Process For Selection of Vendors For Solid Waste Disposal Whereas: The Common Council passed item #128 C.C.P 3/30/93, "Renewal of Contracts - Solid Waste Disposal" which authorized the Commissioner of Public Works to negotiate renewal of two solid waste disposal contracts with Amer-Ref Fuel (formerly Occidental Chemical Corporation) and Integrated Waste Systems without a formal bidding process; and Whereas: Formal competitive bidding has become a standard practice in business and government to maximize the potential for obtaining the best possible deal for the business or taxpayers; and Whereas: In government, the bidding process is an essential element in decision making to ensure that taxpayers will receive the best service for the least amount of money and with the best safeguards; and Whereas: Although the Commissioner of Public Works has stated that he has conducted informal price and service comparisons for the scope of the two contracts, no formal bids were received and very little information has been given to substantiate his contentions; and Whereas: In fact, Integrated Waste's own 1991 Annual Report contradicts the Commissioner and states that many of its competitors "are well established and have substantially greater marketing, financial, technological, and other resources than the Company. In addition, many of the Company's competitors offer services not currently offered by the company and have capabilities not currently possessed by the Company. Although it has been the Company's experience that there are available subcontractors which possess capabilities which can be integrated with those offered by the Company, competitors which possess these capabilities internally may be able to provide such services more cost effectively." (Page 15, Integrated Waste Services, Inc. 1991 Annual Report); and Whereas: The 1991 Annual Report also states that termination or non-renewal of IWS' contract with the city for operation of the Buffalo Transfer Station "could have a material adverse effect on the Company. "(Page 15, Integrated Waste Services, Inc. 1991 Annual Report); and Whereas: Authorization to renew contracts with a company whose principals are politically and financially supportive of the administration, at the very least gives the perception of favoritism or impropriety, but additionally demonstrates a seeming willingness to protect the interests of the company over the interests of the taxpayer; Now, Therefore, Be It Resolved: That the Common Council rescind it's previous approval of March 30, 1993 authorizing the Commissioner of Public Works to negotiate a renewal of two solid waste disposal contracts with Amer-Ref Fuel (formerly Occidental Chemical Corporation) and Integrated Waste Systems; and Be It Further Resolved: That the Common Council require a formal competitive bidding process for selection of a company or companies to operate the Buffalo Transfer Station and handle Solid Waste Disposal Services; and Be It Finally Resolved: That Integrated Waste provide a listing of all employees at the recycling center and the Transfer Station. Mr. Fahey moved to refer the above to the Committee on Finance, the Commissioner of Public Works and the Corporation Counsel. Seconded by Mr. Bakos. LOST. AYES- BAKOS, FAHEY, FRANCZYK, ZUCHLEWSKI- 4. NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PERLA, PITTS- 9. No. 181 By: Messrs. Fahey & Zuchlewski Clarification on Benefits for Retirees Whereas: The Buffalo Financial Plan Commission formulated a list of cost savings and revenue enhancements to deal with Buffalo's fiscal problems; and Whereas: One of the 104 recommendations was the elimination of a duplication in prescription card coverage for retirees; and Whereas: This recommendation, according to the Buffalo Financial Plan Commission would save City taxpayers approximately $1,800,000; and Whereas: Both the Mayor and this Council have placed this proposal on their respective lists of budget gap solutions; and Whereas: Inquiries from Union leadership and retirees have called to question the legality of such a proposal; and Whereas: It is necessary that retirees prepare for any modifications that may take place regarding their insurance coverage; and Whereas: Equally important is what measures the City must take if said proposal or savings as stated by the Buffalo Financial Plan Commission cannot be reached; Now, Therefore Be It Resolved: That this Council requests the Department of Administration and Finance to file with the City Clerk answers to the following concerns: 1. How, specifically, will the retirees' benefits be impacted- i.e. what do they keep; what do they lose? 2. How will the changeover take place? 3. What is the period for notification of the loss of the benefit? 4. If the recommended change cannot for some reason take effect, what will the Administration put forth as an alternative to the Financial Plan Commission's $1,800,000 budget savings item; and Be It Further Resolved: That the Commissioner of Administration and Finance file his response to the above questions with the City Clerk by 2:00 p.m. April 22, 1993. ADOPTED. No. 182 By: Messrs. Franczyk, Zuchlewski, Coppola, Arthur, Bell, Collins Support Polish Language Instruction In Schools Whereas: In a misguided attempt to "save money," the Division of Instructional Services of the Buffalo Public Schools has proposed to consolidate Foreign Language study by radically scaling back Polish language classes; and, Whereas: Mr. David Hess, Acting Assistant Superintendent for Secondary Education, has proposed to eliminate the Polish language in two of three elementary schools (Schools 11 and 69) and the one High School (Kensington) where it is currently taught; and, Whereas: Mr. Hess has also proposed eradicating the popular and successful Polish cultural program at School 11, Poplar Street Academy; and, Whereas: In a letter dated March 11, 1993 by Hess to Mary E. Dougherty, Associate Superintendent of Instructional Services, a confused jumble of unclear, inaccurate, misleading and subjective "statistics" are provided to excuse the elimination of Polish language instruction; and, Whereas: Mr. Hess's letter is not only replete with error, but is incredibly insulting and degrading to people of Polish and other Slavic ancestries, and compares to turn of the century Nativist stereotypes of Slavic speaking peoples as inferior or incapable of adapting to American society. Rather than embrace a pluralistic approach to language instruction, Hess labels Slavic languages and Polish as "ethnocentric," unpopular with students (what discipline is "popular" with students, and since when is language instruction based on a popularity contest?) and discriminatory. Hess's parochial views are further amplified when he suggests, "How can we say that we are preparing our students for the outside world when the things we offer actually prevent them from competing with students from other districts?"; and, Whereas: Among the errors in Hess's communication is his erroneous assertion that Polish language and culture is only offered at one-credit level on the college level at Villa Maria College, when in fact Polish language is offered at the University of Buffalo and three other local colleges, some by full professors, and; Whereas: Mr. Hess' astoundingly parochial concept of foreign language instruction seems to be based solely on the percentage of people of a particular ethnic group attending Buffalo Public Schools, stating that since the number of Polish-American students has declined in the schools, Polish should be eliminated accordingly; and, Whereas: Using Hess' convoluted logic, French would be the first foreign language eliminated, as the percentage of Buffalonians claiming French ancestry is infinitesimal at best; and, Whereas: Hess fails to realize that foreign language instruction is meant to broaden a student's world-view and appreciation of other cultures and societies, and the Polish-American ethnic group is the largest in Erie County, and still ranks second in ethnic population in Buffalo following African-Americans; and, Whereas: Eastern Europe, including Poland, which brought about the fall of Communism, has become a new frontier of economic, political and cultural opportunity for the world; and, Whereas: As just one example, a former employee of the Buffalo Common Council was hired to head the Polish Desk of Sister Cities International in Washington, D.C., as a result of his ability to speak Polish; and, Whereas: The City of Buffalo has close ties to Poland through its Sister City relationship with the City of Rzeszow, opening up business, political and economic ties between the two cities. In recent years, numerous elected officials from Rzeszow have come to Buffalo to learn grass-roots government and democracy, including Mayor Henryk Janowski. (Officials from Buffalo have also traveled to Rzeszow for similar exchanges; and; Now Therefore Be It Resolved: That the Buffalo Board of Education and the Division of Instructional Services be requested to preserve and offer intact Polish language instruction at Primary and Secondary Schools in the Buffalo Public School System; Be It Further Resolved: The Common Council condemns the "Nativist," and parochial attitude of Mr. David Hess in regards to his opinions on the Polish Language and Foreign Language Instruction; Be It Finally Resolved: That the Common Council conduct a Public Hearing concerning Polish Language Instruction, requesting the attendance of Members of the Buffalo School Board, the Superintendent, the Acting Assistant Superintendent for Secondary Education, and the General Public. ADOPTED. No. 183 By: Mr. Franczyk Agreement For Clean-up Of Kensington Expressway Whereas: The Kensington Expressway (Route 33) is one of the busiest thoroughfares for traffic entering or departing the City of Buffalo; and Whereas: Clean-up and maintenance efforts along the expressway should be intensified since many out-of-town travellers' first impression of the City of Buffalo is the Kensington Expressway; and Whereas: The obligation for the maintenance of the expressway, a New York State highway, is unclear within the city limits; and Whereas: As is the case in countless other circumstances, budget restrictions and manpower shortages make it nearly impossible for city crews to perform regular maintenance of the expressway and to clean and keep it clear of debris; and Whereas: The Erie County Commissioner of Social Services has previously indicated a willingness to assign "H.I.R.E." workers to this task provided a city department would take responsibility for supervision; and Whereas: The City of Buffalo Commissioner of Street Sanitation expressed that he would be willing to supervise such an endeavor, provided an agreement satisfying terms and conditions set forth by the city's Law Department could be reached with Erie County; Now, Therefore, Be It Resolved: That the Common Council request that the Commissioner of Street Sanitation with the assistance of the Corporation Counsel negotiate an arrangement with the Erie County Commissioner of Social Services to use "H.I.R.E." workers in a clean-up and maintenance effort along the Kensington Expressway; and Be It Further Resolved: That the New York State Department of Transportation be included in these negotiations to formally determine responsibilities for proper maintenance of the Kensington Expressway within the city limits. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET SANITATION, THE ERIE COUNTY COMMISSIONER OF SOCIAL SERVICES AND THE NYS DEPARTMENT OF TRANSPORTATION. No. 184 By: Mr. Higgins Oppose Delisting of the Tifft and Hopkins Streets Site #915131 From the New York State Registry of Inactive Hazardous Waste Sites Whereas: The New York State Department of Environmental Conservation is recommending the removal from the New York State Registry of Inactive Hazardous Waste Sites the Tifft and Hopkins Street Site #915131; and Whereas: The NYSDEC recommendation is based on the absence of documented hazardous waste and the claim that the contaminated soil is buried and therefore does not pose a direct threat to public health or the environment; and Whereas: New York State Department of Health has cautioned this Common Council that the NYSDEC report on site #915131 is somewhat misleading in regard to the potential exposure to the contaminates on site; and Whereas: NYSDOH reports that high concentration of chlorobenzene, di chlorobenzene, tri chlorobenzene and naphtholene were documented in the sub surface soil; and Whereas: NYSDOH further reports that the chemical compounds documented to be on site are associated with potential adverse health affects. Now, therefore, be it resolved: That this Common Council is on record opposing the NYSDEC proposed action to delist the Tifft and Hopkins Street site from the NYSDEC Registry of Inactive Hazardous Waste Sites; and Be it further resolved: That the City Clerk send certified copies of the resolution to NYCDEC Commissioner Thomas Jorling and the members of the Western New York State Legislative Delegation. ADOPTED. No. 185 By: Mr. Higgins Oppose Reopening of West Valley for Storage of Low-Level Radioactive Waste Whereas: This Common Council has twice stated its opposition to the citing of a low-level radioactive waste disposal facility in West Valley; and Whereas: In 1986 the New York State Legislature passed and Governor Cuomo signed a bill to create a commission to identify and evaluate potential disposal sites in New York and to find acceptable disposal methods for low-level radioactive waste; and Whereas: In his approval memorandum, the Governor stated "Under the bill, a citing commission will select the site and disposal methods, which will preserve and protect the public health, safety and the environment. In furtherance of this goal, the bill precludes the construction of a low-level radioactive disposal facility at West Valley."; and Whereas: To date no new information has been provided nor new processes discovered to invalidate the original premise precluding West Valley as a site for consideration. Now, therefore, be it resolved: That this Common Council go on record for a third time opposing the reopening of West Valley for storage of low- level radioactive waste; and Be it further resolved: That this Council hereby directs the City Clerk to send certified copies of this resolution to Governor Cuomo, the Clerk of the Assembly, the Secretary of the Senate, the members of the New York State legislative delegation, and the Ashford Town Board. ADOPTED. No. 186 By: Mr. Higgins Home Rule Message 51132 and A1927 Discontinue Portion of Tyler Park Whereas: There has been introduced in the New York State Legislature Senate Bill 51132 and Assembly Bill A1927, "An Act to authorize the city of Buffalo to discontinue the use as parkland of a portion of the land known as Tyler Park and to convey the same to the American Legion Post #64 for the purpose of accommodating handicapped access to the buildings of such post"; and Whereas: The parcel of land in question measures approximately 15' x 127.70'; and Whereas: Provisions in the State legislation specify that any proceeds resulting from the conveyance of the land shall be used by the city for park purposes; Now, therefore, be it resolved: That the city of Buffalo hereby requests the enactment into law of Senate Bill S 1132 and Assembly Bill A 1927, "An Act to authorize the city of Buffalo to discontinue the use as parkland of a portion of the land known as Tyler Park and to convey the same to the American Legion Post # 64 for the purpose of accommodating handicapped access to the buildings of such post; 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. 187 Mr. Coppola was excused from further attendance of this council meeting. ADOPTED. No. 188 By: Mrs. LoTempio Request for Financial Impact Assessment for State 485-b Program for Real Property Tax Exemption Whereas: On November 3, 1976 the City of Buffalo adopted the New York State Law Section 485-b which enabled tax exemptions for real property constructed, altered, installed or improved for use for commercial and industrial purposes; and Whereas: The 485-b program was devised to stimulate business growth by providing tax exemptions to commercial and industrial businesses without a selection criteria for participation; and Whereas: In the 1992-93 budget for the City of Buffalo, approximately $28.6 million ($28,600,000) of assessed valuation is abated by 485-b exemptions resulting $1.2 million ($1,200,000) of tax burden shifted to other property owners according to calculations made by the Buffalo Financial Plan Commission; and Whereas: A review of the city list of 485-b program participants seems to indicate a large number of professionals and financially stable people receiving the benefit of abated taxes; and Whereas: Taking into account the 485-b program's potential for stimulating growth of new business in the city, an assessment of who is participating in the city's 485-b program and a long term cost/benefit forecast needs to be completed to determine if the city's participation in the 485-b program produces sufficient benefits and enough new businesses to sustain continued participation. Now, Therefore Be It Resolved That: This Common Council requests the Commissioner of Assessment and the Commissioner of Administration and Finance to file a report detailing the rationale for sustaining the New York State Law Section 485-b tax exemptions for real property incentive based on a cost/benefit impact assessment on the City of Buffalo. ADOPTED. No. 189 By: Mrs. LoTempio Request Ordinance Amendment To Require All Garbage And Refuse Be Disposed Of In Metal Or Plastic Receptacles Whereas: The City of Buffalo's Streets and Sanitation Department has encountered problems stemming from garbage and refuse which is disposed of in plastic bags without being put into metal or plastic cans; and Whereas: The current practice of placing garbage and refuse plastic bags without being put into trash cans for curbside pick ups create safety and monitoring problems for Streets and Sanitation workers; and Whereas: Garage which is deposited on curbsides without plastic or metal containers creates hazards for sanitation workers who are frequently cut or jabbed with needles and sharp objects protruding from bags; and Whereas: Additional problems of disposing trash in plastic bags without containers include difficulty in monitoring trash weight and volume limitations because plastic bags vary in size and capacity and often break open causing filth and rodent problems on the city streets; and Whereas: Amending Article VII Section 216-15 subsection A in the City's Codes and Ordinances for Garbage, Rubbish and Refuse to prohibit garbage and refuse from being disposed of in plastic bags without being put in trash cans on the curbside would aid in remedying problems with sanitation worker safety, monitoring trash weight and volume limitations and street cleanliness attributed to disposing garbage in plastic bags without containers. Now, Therefore Be It Resolved That: This Common Council requests the City Corporation Counsel to draft an amendment to Article VII Section 216-15 subsection A in the City's Codes and Ordinances for Garbage, Rubbish and Refuse to prohibit garbage and refuse from being disposed of in plastic bags without being put in trash cans on the curbside. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 190 By: Mrs. LoTempio Request Ordinance Amendment To Revise Volume Limitations For Residential Curbside Garbage And Refuse Disposal Whereas: Article VII Section 216-15 subsection G of the City of Buffalo's Codes and Ordinances for Garbage, Rubbish and Refuse allows for ten (10) thirty (30) gallon receptacles to be used for garbage and refuse per household for each scheduled garbage pickup, which is an unreasonable amount; and Whereas: The present universal limit of (300) three hundred gallons of garbage per household is not tailored to service the vast variety of one, two and three household dwellings found throughout the city; and Whereas: The lack of effective plan to limit garbage and refuse by number of households found in a dwelling creates an unnecessary expense and strain on the city because the Sanitation Department in many cases is faced with rubbish from contractors and landscapers and rubbish from unknown sources, rising limits above and beyond normal household garbage weights; and Whereas: Amending Article VII Section 216-15 subsection G in the Codes and Ordinances for Garbage, Rubbish and Refuse to require garbage to be limited to no more than four (4) thirty (30) gallon metal or plastic garbage receptacles equalling one hundred twenty (120) gallons of garbage per one family households for each scheduled trash pickup, no more than eight (8) thirty (30) gallon metal or plastic garbage receptacles equalling two hundred forty (240) gallons of garbage per two family households for each scheduled trash pickup, no more than twelve (12) thirty (30) gallon metal or plastic garbage receptacles equalling three hundred sixty (360) gallons of garbage per three family households for each scheduled garbage pickup, would create trash limits more suited to the needs of the various sized household dwelling found in the city. Now, Therefore Be It Resolved That: This Common Council request the City Corporation Counsel to draft an amendment to Article VII Section 216-15 subsection G in the City Codes and Ordinances for Garbage, Rubbish and Refuse using the above stated limitations. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF PUBLIC WORKS, AND THE CORPORATION COUNSEL. No. 191 By: Mr. Perla Permission To Erect A Banner Whereas: Catherine Forichette, Director of Communications for D'Youville College, 320 Porter Avenue, wishes to hang a banner on Porter Avenue. This will read: "D'Youville College - Educating For Life"; and Whereas: The banner will be hung on light standard No. 321 and to a tree on the opposite side of Porter Avenue, in front of the College Center. The banner will be hung on May 14, 1993 through August 31, 1993 and be taken' down on September 1, 1993; and Whereas: An insurance policy, naming the city as insured will be in effect for the period the banner is up, in accordance with the city charter; and Now, Therefore Be It Resolved That: D'Youville College be granted permission to erect said banner at the aforementioned location, for the time period stated, upon satisfaction of conditions set forth by the Department of Public Works. PASSED. AYES- 12 NOES- 0. No. 192 By: Mr. Pitts Sale of 154 Locust Street Whereas: Mr. Walter Williams the owner of 156 Locust Street has attempted to purchase 154 Locust Street for the past three years, and Whereas: Mr. Williams would like to expand his side and backyards by fencing in 154 Locust Street, and Whereas: Mr. Williams currently maintains this vacant parcel which is City owned, and Whereas: 154 Locust Street is not the proper size to build a new house as part of the City of Buffalo's housing program. Now Therefore Be it Resolved That: The Common Council requests that the Comptroller's office negotiate a private sale of 154 Locust Street to Mr. Walter Williams residing at 156 Locust Street. ADOPTED. No. 193 By: Mr. Pitts Towing of Vehicles driven by "Johns" Whereas, prostitution is a serious problem in many areas of the City; and Whereas, the arrest of patrons of prostitutes or "Johns", does much to discourage this illegal activity; and Whereas, most "Johns" use vehicles in seeking out prostitutes; and Whereas, after the "Johns" are arrested, their vehicles are often left illegally parked, blocking traffic or subject to vandalism or theft; Now, Therefore, Be It, Resolved, that the Police Department and the Division of Parking Enforcement are hereby requested to institute a policy of towing and impounding any and all vehicles left on the street as a result of the arrest of "Johns", and be it further Resolved, that such vehicles be held until the customary towing and storage fees are paid as well as any parking tickets which may be outstanding against the vehicle, and be it further Resolved, that the Commissioner of Police and the Director of Parking Enforcement are requested to report to this Body regarding the implementation of such a program. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 194 By: Mr. Pitts Agreement with Buffalo Sewer Authority to Use City of Buffalo Bond Funds for William Street Sewer Whereas: The Department of Inspections and Community Revitalization, and the Buffalo Sewer Authority have developed a Memorandum of Understanding to construct a new sanitary sewer on William Street. This sewer will accommodate the development of new housing construction on William Street at Hickory and Spring Streets, and Whereas: The Memorandum of Understanding stipulates the manner by which the work is to be done by the Buffalo Sewer Authority. It also stipulates the costs for the work to be done, and Whereas: In order to expedite the timely construction of the sewer, the Common Council must approve the use of City Bond Funds for the project. Now Therefore Be It Resolved That: The Common Council approves the Memorandum of Understanding between the Buffalo Sewer Authority and the Department of Inspections and Community Revitalization. Be It Further Resolved That: The Common Council approves the use of $75,100 in City of Buffalo Bond Funds for the project. The Bond Account is CPA-200-717-038. PASSED. AYES- 12 NOES- 0. No. 195 By: Mr. Pitts Contract Between the City of Buffalo and the Buffalo Sewer Authority to Construct New Sewer at St. Columba Square Whereas: The Department of Inspections and Community Revitalization and the Buffalo Sewer Authority have developed a Memorandum of Understanding to construct a new sewer in conjunction with the construction of new housing at St. Columba Square on North Division Street, and Whereas: The Memorandum of Understanding stipulates the work to be done and costs, and Whereas: In order to expedite the timely construction of the sewer and new housing the Memorandum of Understanding must be approved. Now Therefore Be It Resolved That: The Common Council approves the Memorandum of Understanding between the City of Buffalo and the Buffalo Sewer Authority to construct a new sewer at North Division Street for the St. Columba new housing project. Be It Further Resolved That: The Common Council approves the expenditure of $204,000 of City Bond Funds to be taken from Account CPA-200-717-038. PASSED. AYES- 12 NOES- 0. No. 196 By: Mr. Pitts St. Paul & St. Mark Shoreline Churches Use of Erie Basin Marina Whereas: St. Paul and St. Mark's Shoreline Church has held its Easter Sunrise Service at the Erie Basin Marina for the past 15 years, and Whereas: The Common Council has given permission to utilize the Marina with an electrical outlet for sound, based upon the cooperation of the Department of Public Works, and Whereas: This year's service begins at 6:00 a.m. on April 11, 1993 and will accommodate at least approximately 80 people. Now Therefore Be It Resolved That: The Common Council approves the use of the Erie Basin Marina by the St. Paul and St. Mark's Shoreline United Church of Christ on Sunday, April 11, 1993 at 6:00 a.m. subject to conditions stipulated by the Department of Public Works. ADOPTED. No. 197 By: Mr. Pitts Request for Explanation by Andrew J. Rudnick President of Greater Buffalo Partnership Whereas: Recently Andrew J. Rudnick, President of the Greater Buffalo Partnership sent out letters to the members of the Partnership urging them to lobby Council members to support the Buffalo Financial Plan Commission Report, and Whereas: Mr. Rudnick points out that the Partnership will provide brochures and cards to employees, etc. to generate grass roots communication to City elected representatives, and Whereas: Mr. Rudnick charges that "City officials may not make responsible choices on their own" with regard to the Financial Plan, and Whereas: Mr. Rudnick in effect is mounting a political campaign against City officials who may or may not agree with the Financial Plan. This political agenda is strangely suspicious and definitely counterproductive to positive dialogue and sorely needed cooperation to meet the City's fiscal problems, and Whereas: While Mr. Rudnick has in essence taken liberties with his membership, the City officials deserve the right to present their side to those members as well as question Mr. Rudnick's motives and charges. Now Therefore Be It Resolved That: The Common Council request the President of the Greater Buffalo Partnership to come before the Common Council to explain his letter and political campaign. Be It Further Resolved That: He makes the names of his membership available to the Common Council to allow for adequate response. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FAHEY- 1. No. 198 By: Mr. Pitts File Formal Complaint on Rate Increases, Channel Changes Whereas: This past January, TCI of NY imposed new rate increases that boosted basic service from $18.80 a month to $19.45 a month, extended basic rates from an additional $2.25 to an additional $2.55, Home Box Office rates from $12.75 to $13.20, and the fee for reinstalling a previous subscriber from $40 to $60; and Whereas: Subsequently, in anticipation of the Federal Communications Commission implementing rules allowing local franchising authorities to regulate the basic tier of service, TCI created a new, "stripped-down" basic service that mainly offers broadcast channels that can be received over the air; and Whereas: By repositioning programming services to create the "stripped-down" basic service, TCI moved many of its most popular offerings to higher channels, such as CNN from 2 to 40 and ESPN from 18 to 48; and Whereas: These changes are not only inconvenient, but they have forced subscribers whose televisions or VCR's do not go beyond channel 36 to replace their equipment or rent converters from TCI for $4.50 a month; and Whereas: In compliance with the Cable Act of 1992, the FCC has begun adopting regulations which should finally provide consumers with real relief from cable TV rates which have risen dramatically over the past several years; and Whereas: It is important for the city to take immediate action to utilize the new and emerging federal regulations that can cause reductions in the exorbitant rates and fees being charged cable TV subscribers in the City of Buffalo. Now, Therefore Be It Resolved: That this Common Council request the Corporation Counsel to file a formal complaint with the Federal Communications Commission challenging the following actions by TCI of NY: 1. Rate increases imposed in January 1993; and 2. The implementation of a "stripped-down" basic cable service; and 3. The channel repositioning that has reduced service for many subscribers unless they incur an additional expense; and Be It Further Resolved: That the Federal Communications Commission be requested to hold a formal hearing on these actions taken by TCI of NY; and Be It Finally Resolved: That the City Clerk be directed to forward certified copies of this resolution to the Federal Communications Commission. ADOPTED. No. 199 By: Mr. Pitts Salary Ordinance Amendment 04-1 Division of Audit 04-2 Division of Accounting The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 04-1 Division of Audit and 04-2 Division of Accounting which reads: 04 - Department of Audit and Control 1 - Division of Audit 2 Chief Payroll Auditor $30,172 - $35,085 04 - Department of Audit and Control 2 - Division of Accounting 1 Computer Accounting Control Coordinator $28,434 - 33,262 is hereby amended to read: 04 - Department of Audit and Control 1 - Division of Audit 1 Chief Payroll Auditor $30,172- $35,085 1 Supervising Accountant $32,468- 38,089 04 - Department of Audit and Control 2 - Division of Accounting 1 Senior Auditor $28,054 - $31,801 1 Computer Accounting Control Coordinator (William Murphy only) $28,434 - $33,262 We, Joel A. Giambra, Comptroller and Thomas F. Keenan, Director of the Budget, hereby certify that the elimination of one (1) Chief Payroll Auditor, the vacating of one (1) Computer Accounting Control Coordinator and the addition of one (1) Supervising Accountant and one (1) Senior Auditor is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned positions, containing a statement of the duties for such positions, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position titles set forth in the foregoing ordinance as being the appropriate Civil Service titles for the proposed positions. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 200 By: Mr. Pitts Salary Ordinance Amendment 04-2 Division of Accounting 06-3 Division of Labor Relations The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 04-2 Division of Accounting and 06-3 Division of Labor Relations which read: 04 - Department of Audit and Control 2 - Division of Accounting 3 Assistant Accountant $24,020 - $27,778 is hereby amended to read: 04 - Department of Audit and Control 2 - Division of Accounting 2 Assistant Accountant $24,020 - $27,778 06 - Department of Administration and Finance 3 - Division of Labor Relations 1 Assistant Accountant $24,020 - $27,778 We, Joel A. Giambra, Comptroller, Richard Planavsky, Commissioner of Administration and Finance and Thomas F. Keenan, Director of the Budget, hereby certify that the transfer of one (1) Assistant Accountant from the Division of Accounting to the Division of Labor Relations is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 201 By: Mr. Zuchlewski Direct Council Staff to Begin Budget Preparation Whereas: Each year the Mayor of the City of Buffalo submits a budget to the Common Council on May 1 which the Council must amend or pass within a three week time period, and Whereas: It is a formidable task to review this complex document in only three weeks, and Whereas: During each budget year, there are some fixed costs and revenues that are constant from year-to-year or easily predicted such as, labor costs, some materials and supplies, property tax revenue, state aid, etc., and Whereas: The Common Council puts itself at a distinct disadvantage by waiting until May l and then reacting to the Mayor's proposal, and Whereas: If the budget preparation began at an earlier date the Common Council would be in a better position to revenue the Mayor's budget proposals, Now, Therefore, Be It Resolved: That this Common Council direct Council Staff to assemble a proposed budget document based upon fixed or educated forecasts of expenses and revenues in order to get an early start on the budget process. ADOPTED. No. 202 By: Mr. Zuchlewski Review Board of Education Budget Request Whereas: During the 1992-93 budget year, the Buffalo Board of Education was allocated $311,916,000 which amounted to 55.4% of the total General Fund Appropriations, and Whereas: $45.5 million of this appropriation was from property tax revenue, and Whereas: Even though over one half of our budget and 38.6% of the property tax revenue is dedicated to the Board of Education, only a few hours was devoted to reviewing their request, and Whereas: Much of that review was spent listening to parental requests for increased funding which left little time for any meaningful review, and Whereas: If the Common Council is to make an educated, well informed decision on the funding of the Board of Education, more time must be devoted to their budget request, Now, Therefore, Be It Resolved: That the Common Council's Special Committee on Education hold a series of meetings to review the 1993-94 Board of Education Budget requests. ADOPTED. No. 203 By: Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Shane Colligan By Councilmember Fahey In Memoriam for Bookletta Williams By Councilmember Fahey In Memoriam for Carman Nelson By Councilmember Pitts ADOPTED. No. 204 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: Matthew J. Baudo Frank DiJames Evelyn J. Juncewicz Total 3 ADOPTED. No. 205 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: Rosa A. Gibson Suzanne M. Grillo Nancy Heidenburg Ralph R. Hernandez John A. LaBarbara Albert Martinez Marta Santiago Total 7. ADOPTED. No. 206 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 20, 1993 9:30 AM Finance Tuesday, APRIL 20, 1993 immediately Following Civil Service Legislation Tuesday, APRIL 20, 1993 2:00 PM Economic Dev. Wednesday, APRIL 21, 1993, 10:00 AM Ancillary Committees C.A.T.V. Thursday, April 15, 1993, 10:00 AM/1417 No. 207 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Perla the Council adjourned at 4:40 P.M. CHARLES L. MICHAUX, III CITY CLERK