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HomeMy WebLinkAbout93-0511 No. 10 Common Council Proceedings of the City of Buffalo Regular Meeting, May 11, 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, May 11, 1993 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski- 13. ABSENT- None. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held on May 3, 1993 and ajourned sessions of May 4, 5, 6, 7, and 10, 1993, were approved. FROM THE MAYOR No. 1 Appointment Members of Commission on Human Relations Pursuant to the powers vested in me by Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby appoint the below listed persons as members of the Commission on Human Relations effective April 21, 1993 for terms expiring on February 27, 1996: MASTEN Reverend Wayne Arthur Johnson, Sr. 224 Northland Avenue Buffalo, 14208 DELAWARE Otis Clover 226 Summit Avenue Buffalo, 14214 MASTEN Reverend Michael A. H. McKinney Metropolitan United Methodist Church 657 Best Street Buffalo, 14211 DELAWARE Mrs. Louise Kelly 144 Humboldt Parkway Buffalo, 14214 ELLICOTT Jesse Carmichael 237 Lord Street Buffalo, 14206 UNIVERSITY Reverend Tracy Reid 149 East Amherst Buffalo, 14214 All newly appointed members will succeed outgoing members whose terms have expired. I hereby certify that the above listed persons are fully qualified to serve as members of the Commission on Human Relations. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 St. Francis Geriatric - Request to Place A Ground Sign at 2787 Main Street Item No. 96, C.C.P., April 27, 1993 The City Planning Board at its regular meeting held Tuesday, May 4, 1993, considered the above request pursuant to Sections 387-19 and 511-16 of the Buffalo Code, Review of Ground Signs and Regulations of the R3 Zone. The applicant seeks to place an illuminated identification sign which will be 4 feet in overall height and will have a sign face area of 38 square feet (4 feet by 9.5 feet). The site is located in an R3 zone which does not permit such signs; therefore, the applicant is seeking relief from the Zoning Board of Appeals to allow the sign. It should be noted that the sign will replace an existing ground sign which is oriented parallel to Main Street. The new sign will be placed at a right angle to Main Street to improve visibility. 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 ground sign since it is a replacement to an existing sign. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE PRESERVATION BOARD No. 3 Violation Landmark Designation Bflo. Savings Bank Item No. 172, C.C.P. 4/27/93 In response to the above-referenced item, please be advised: 1. The Buffalo Preservation Board has not received an application to perform exterior work at the former Buffalo Savings Bank, 543-553 Main Street (a.k.a. M & T Bank Branch). 2. All local landmark properties require issuance of a Certificate of Appropriateness or Exception by the Buffalo Preservation Board before any exterior construction, alteration, removal or demolition work can proceed. This provision is contained in Chapter 337, Article IV, Section 337-16 of the Preservation Standards of the Buffalo Code, which states: a) Certificate Required and Building Permit Required. It shall be unlawful for any person, firm or corporation to construct, alter, remove or demolish any improvement or structure which is a landmark, part of a landmark site or which is located in an historic district when such action will affect the exterior of such property without having first obtained a Certificate of Appropriateness or a Certificate of No Effect or a Certificate of Exception authorizing such work. Certificate Required, but No Building Permit Required. In a case where no building permit is required, application for permission to construct, alter, remove or demolish landmarks, improvements on landmark sites or structures within historic districts shall be made directly to the Preservation Board. The Preservation Standards of the Buffalo Code establish penalties for work on designated historic properties without the required Certificate of Appropriateness, Exception or No Effect. This provision is contained in Article V, Section 337-32, which states: b) Penalties. A violation of this code is punishable by a fine not to exceed $500.00 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by penalty of not more than $500.00 to be recovered by the City of Buffalo in a civil action. Every day of such violation may be held to constitute a separate offense. If so desired, the Corporation Counsel's office of the City of Buffalo can be requested to seek an injunction against the owner in court requesting that the inappropriate changes be reversed, thereby returning the landmark to its original condition. Failure to obtain the necessary building permits is subject to penalties and enforcement actions stipulated in the Buffalo Building Code, which is under the jurisdiction of the Department of Public Works and/or Department of Inspections and Community Revitalization. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 4 Certificate of Necessity Transfer Of Funds Appropriation Allotments Exempt Items - Water Department Of Water We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $205,760 be transferred and reappropriated from Reserve for Capital Improvements in Appropriation Allotments -Exempt Items - Water, as set forth below: The amount to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: Buffalo, New York, May 5, 1993 RECEIVED AND FILED. No. 5 Certificate of Necessity Transfer of Funds Capital Projects Fund Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $7,000 be transferred and reappropriated from the Capital Projects Fund - Division of Buildings - Handicapped Accessibility account, as set forth below: The amount to be transferred is an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which it was appropriated. Dated: Buffalo, New York, April 26, 1993 RECEIVED AND FILED. No. 6 Certificate of Necessity Transfer Of Funds Capital Projects Fund Division Of Budget & Management Division Of Development We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $30,000 be transferred and reappropriated from the Capital Projects Fund - Division of Budget & Management -Reserve for Capital Planning account, as set forth below: The amount to be transferred is an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: Buffalo, New York, May 6, 1993 RECEIVED AND FILED. No. 7 Certificate of Necessity Increased Appropriation Reserved Fund Balance Fund Balance - Reserve for Motor Vehicle Insurance Motor Vehicle Self Insurance We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $38,425 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Motor Vehicle Self Insurance to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-051 - Fund Balance Reserve for Motor Vehicle Insurance not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: Buffalo, New York, April 21, 1993 RECEIVED AND FILED. No. 8 Certificate of Necessity Transfer of Funds Capital Projects Fund Division of Development Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $300,000 be transferred and reappropriated from the Capital Projects Fund - Division of Development -Shakespeare-in-the-Park account, as set forth below: The amount to be transferred is an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which it was appropriated. Dated: Buffalo, New York, May 6, 1993 RECEIVED AND FILED. No. 9 Interfund Cash Loan - Capital Projects $300,000 Over the last years, the City has provided interfund loans from the City General Fund to the City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance various projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $300,000 for the construction of a stage in Delaware Park. The loan will be repaid when Bond Anticipation Notes of Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap. Proj. 200-717-030 BAN/Bond Sale $300,000 Mr. Fahey moved : That the communication from the Comptroller, dated May 6, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $300,000 for the construction of a stage in Delaware Park. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 10 Permission to Negotiate 383 High, S 100' W Jefferson Vacant Lot Size: 25' x 100' Assessed Valuation: $1,100 The Office of the Comptroller, Division of Real Estate, has received a request from Sylvia Williams of 135 Rose Street, Buffalo, New York to purchase the above captioned property. Ms. Williams is requesting to purchase 383 High Street which is located between two lots she owns at 379 and 385 High Street. Her property at 135 Rose Street adjoins her property at 379 High Street which adjoins the subject property. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Permission to Negotiate 1477 Jefferson, E 135' N Ferry Vacant Lot Size: 25' x 150' Assessed Valuation: $1,880 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Herbert Bellamy on behalf of 1490 Enterprises, Inc. of 1490 Jefferson Avenue, Buffalo, New York to purchase the above captioned property. 1490 Jefferson Inc. is in the process of developing an Adult Day Care Center at 1479-1481 Jefferson. They would like to purchase the adjoining City-owned property to expand their outdoor recreation area. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 12 Permission to Negotiate 172 Myrtle, N 269.13' W S. Cedar Vacant Lot Size: 21.725' x 78' Assessed Valuation: $1,000 The Office of the Comptroller, Division of Real Estate, has received a request from Pedro Dones, 174 Myrtle Street, Buffalo, New York to purchase the above captioned property. Mr. Dones is requesting to purchase 172 Myrtle Street for extra yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 13 Permission to Negotiate 180 Myrtle, N 181.33 W Cedar Vacant Lot Size: 21.90' x 78' Assessed Valuation: $1,000 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Axel Diaz of 178 Myrtle, Buffalo, New York to purchase the above captioned property. Mr. Diaz is requesting to purchase this property, adjacent to his residence, for gardening purposes and extra yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 14 Permission to Negotiate 323 Northampton, S 193' W Jefferson Vacant Lot Size: 35' x 123' Assessed Valuation: $1,900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. James E. Lytch and Doris Massey owners of 325 Northampton to purchase the above captioned property. Mr. Lytch and Ms. Massey are requesting to purchase this property in order to add on to their house and enlarge the bedrooms. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Permission to Negotiate 492 Northampton, N 52.05' E Roehrer Vacant Lot Size: 30' x 122' Assessed Valuation: $2,000 The Office of the Comptroller, Division of Real Estate, has received a request from Steven Means of 490 Northampton, Buffalo, New York to purchase the above captioned property. Mr. Means is requesting to purchase this property, which is adjacent to his residence, for extra yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Off ices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Permission to Negotiate 881 Northland, S W Cor. Schuele Vacant Lot' Size: 30' x 137' Assessed Valuation: $2,900 The Office of the Comptroller, Division of Real Estate, has received a request from Arline M. Lister of 877 Northland, Buffalo, New York to purchase the above captioned property. Ms. Lister is requesting to purchase this property, which is adjacent to her residence, to enclose with a fence and use for extra yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Permission to Negotiate 156 Orange, 180' N Carlton Vacant Lot Size: 10' x 100' Assessed Valuation: $500 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Herbert E. Holder of 81 Orange Street, Buffalo, New York to purchase the above captioned property. Mr. Holder is in the process of buying a newly constructed home at 154 Orange Street. He is requesting to purchase the excess 10' strip of land for extra yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Permission to Negotiate 88 Stanton, W 223.83' N William Vacant Lot Size: 32' x 105' Assessed Valuation: $1,800 The Office of the Comptroller, Division of Real Estate, has received a request from Rudolph Frey, Inc., Mr. Brian M. Frey, 678 William Street, Buffalo, New York to purchase the above captioned property. Mr. Brian Frey is requesting to purchase 88 Stanton on behalf of Rudolph Frey, Inc. The subject property is adjacent to property Rudolph Frey, Inc. owns at 82 & 86 Stanton. They would like to purchase this property in order to properly maintain it and keep it residential at this time and use for future parking expansion. Mr. Frey is aware and has agreed that prior to utilizing the property in question for parking purposes he must obtain a zoning variance, apply for a curb cut permit, properly pave and drain the area to be used as a driveway and/or parking purposes. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 19 Cancellation of a Self-Service Laundry and/or Dry Cleaner Bond It is hereby certified that the following bond is hereby canceled as of April 26, 1993 because State Farm Fire & Casualty Company has furnished this office with a replacement Bond for said business. Bond Principal: Robert Caruso D/B/A The Laundry Spot By: Western Surety Co. Amount: $2,000 Bond #: 51048974 Said bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the Charter as amended. RECEIVED AND FILED. No. 20 Notification Serial #8295 Northampton Street Permissive Parking-Repeal In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing thereto the Permissive Parking following: Period of Permissive Parking Permissive Pkg Locations Daily Except Sunday Northampton St., north side 1 Hour Parking 7AM - 7PM from Main Street to a point 180'+ east therefrom. Notification Serial #8296 Northampton Street 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 of Permissive Parking Permissive Pkg Locations Daily Except Sunday Northampton St., north side 2 Hour Parking 7AM - 7PM from Main Street to a point 180'+ east therefrom. Notification Serial #8297 Northampton Street Parking Meters 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 3 of Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Parking Meters following: Highway Location Portion of Highway Location Northampton St. From Main Street to a point north side 180'+ east therefrom RECEIVED AND FILED. No. 21 Solicitation of Funds South Buffalo Lions Club Attached is an application for Solicitation of Funds for the South Buffalo Lions Club to solicit funds in the Buffalo area during June and July 1993. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Fahey moved: That the communication from the Department of Public Works dated April 29, 1993 be received and filed; and 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 South Buffalo Lions Club within the City of Buffalo for June and July, 1993. PASSED. AYES- 13 NOES- 0. No. 22 Info - Bids - Waterline Replacement Various Streets Item No. 33, C.C.P., March 30, 1993 To address your concerns regarding the low bid versus the engineer's estimate, please be advised of the following. The engineer's estimate submitted by DiDonato Associates was $1,383,707.00. The majority of bid prices were approximately $1,100,000.00 indicating the engineer had overestimated the project by approximately twenty percent (20%). Due to the lack of similar projects to bid on, contractors are forced to bid contracts on a break-even basis to avoid possible lay offs of their personnel. The bid prices that we have received in the last several months are similar to bids received for the same work five years ago. We feel as we let more projects out for bid this spring, the competition will become less aggressive and the unit bid price will increase. Any change orders for construction contracts must first be reviewed and recommended by the consulting engineer. The request is then reviewed by the Division of Water and submitted to the Commissioner of Public Works for authorization to present the change order to the Common Council for final approval. The Division of Water takes much care in making sure change orders do not exceed more than five percent (5%) of the total contract price. RECEIVED AND FILED. No. 23 Permission To Prepare Plans And Specifications And Advertise For The Reconstruction of Hopkins Street Between Tifft Street and Amber Street. I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for replacement of curbs and sidewalk for Group #363 - Hopkins Street from Tifft Street to approximately Amber Street. Funds for this project will be made available in a Division of Engineering Bond Fund account number 200-401-097. Mr. Fahey moved : That the communication from the Commissioner of Public Works dated May 3, 1993 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and to advertise for sealed proposals for replacement of curbs and sidewalk for Group #363 - Hopkins Street from Tifft Street to approximately Amber Street with said cost to be charged to Division of Engineering Bond Fund Account number 200-401-097. Be It Further Resolved that: This Common Council further authorizes the Department of Public Works to prepare plans and specifications and advertise for sealed proposals for replacement of curbs and sidewalks in South Buffalo. Funds for this project are available in the Division of Engineering Bond Fund Account number 200-401-007. ADOPTED. No. 24 Change in Contract Deduct Change Order # 1 Delaware Avenue-West Ferry to W. Delavan Contract # 91654800 Item # 32, C.C.P., 5-12-92 I hereby submit to your Honorable Body the following reductions to the Delaware Avenue contract. Item 02.110 Unclassified 2000 Cu.Yds. = $18,000.00 Excavation at $9.00 Item 03.21BG Sub-base Slag 1000 Cu.Yds = $18,000.00 Stone at $18.00 Item 05.110 Cement Concrete 100 Cu.Yds = $ 7,400.00 Base at $74.00 Item 07.104 Granite Curb 250 Lin. Ft. = $ 4,000.00 at $16.00 Item 08.110 10" Sewer Pipe 50 Lin. Ft. = $ 2,000.00 at $40.00 Item 09.730 3/4" Water 88 Lin. Ft. = $ 1,760.00 Sewer Pipe at $20.00 Item 613.0101 Top Soil 500 Cu. Yds. = $10,000.00 at $20.00 Item 05.216 Concrete 3900 Sq. Ft. = $ 8,970.00 Sidewalks and at $2.30 Approaches Total $70,130.00 Contract Summary Original Amount of Contract $1,818,687.50 Deduct Change Order #1 $ 70,130.00 New Contract Sum $1,748,557.50 I hereby request that your Honorable Body approve the above deduct change order and authorize the Commissioner of Public Works to issue said change order to Destro Brothers Inc. The amount of this change order will be credited to Bond Fund 200-401-543. Mr. Fahey moved: That the communication from the Department of Public Works dated May 3, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to Destro Brothers Inc., Contract #91654800, a net decrease in the amount of $70,130.00, as more fully described in the above communication, for work relating to Delaware Avenue - West Ferry to W. Delavan. Funds for this contract are available in B/F 200-401-543. PASSED. AYES- 13 NOES- 0. No. 25 Change in Contract New South District Police Station 1847 South Park Avenue I herewith submit to your Honorable Body the following change in contract for the New South District Police Station, 1947 South Park Avenue, BRD, Inc. C-91693800: 1. Change pitch of roof insulation and provide fire rating to corridor partitions. Add $4,992 Roof pitch revision to provide better roof drainage, and fire rated corridors as required for code compliance. The foregoing change results in a net increase in the contract of Four Thousand Nine Hundred Ninety-two and 00/100 Dollars ($4,992.00). Summary Original Amount of Contract $337,880 Amount of this change (No. 1) Add 4,992 Revised Amount of Contract $342,872 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-009 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated May 4, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to BRD, Inc. C91693800, a net increase in the amount of $4,992.00, as more fully described in the above communication, for additional work relating to the new South District Police Station. Funds for this contract are available in B/F 200-402-009. PASSED. AYES- 13 NOES- 0. No. 26 Change in Contract General Construction Old First Ward Community Center Republic & Tennessee Streets I herewith submit to Your Honorable Body the following change in contract for the New Building, Old First Ward Community Center, Republic & Tennesee Sts., Buffalo, New York, Burgio & Campofelice, Inc. C-91610400: 1. Furnish and install additional fencing Add $455.88 2. Furnish and install additional toilet partitions. Add $641.30 Site conditions necessitated additional fencing and code requirements necessitated an additional toilet and partitions in one of the lavatories. The foregoing change results in a net increase in the contract of One Thousand Ninety-seven and 18/100 Dollars ($1,097.18) Summary Original Amount of Contract $1,567,037.00 Change Order No. 1 CCP 53 12-23-91 Add 834.59 Change Order No. 2 CCP 41 1-21-92 Add 2,734.62 Change Order No. 3 CCP 37 2-18-92 Add 21,260.00 Change Order No. 4 CCP 36 5-12-92 Add 16,590.00 Change Order No. 5 CCP 30 6- 9-92 Add 1,088.94 Change Order No. 6 CCP 56 9- 1-92 Add 2,957.00 Change Order No. 7 CCP 22 2- 2-93 Add 1,622.50 Amount of this change (No.8) Add 1,097.18 Revised Amount of Contract $1,615,221.83 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-024 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated April 22, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 8 to Burgio & Campofelice, Inc. C-91610400, a net increase in the amount of $1,091.18, as more fully described in the above communication, for additional work relating to the new building, Old First Ward Community Center, Republic & Tennessee Sts., Buffalo, New York. Funds for this contract are available in B/F 200-402-024. PASSED. AYES- 13 NOES- 0. No. 27 Request Permission to Advertise for Bids and Award a Contract For The Refurbishment of Park Type Light Standards We hereby request your Honorable Body's permission to advertise for bids and to award a contract for the refurbishment of park type light standards. Funds for this project are available in Bond Fund 200-401-008. Mr. Fahey moved: That the communication from the Commissioner of Public Works dated April 26, 1993 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to advertise for bids and to award a contract for the refurbishment of park type light standards with said cost to be charged to Bond Fund 200-401-008. ADOPTED. No. 28 Emergency Installation of Boiler Valve Access Platforms Broadway Depot 193 Broadway Please be advised that the Division of Buildings was cited by the New York State Department of Labor for not having Boiler Valve Access Platforms and accessible ladders to said platforms in the boiler room of the Broadway Depot, 193 Broadway. We immediately called upon Colgate Heating Corp., 142 Colgate Avenue, Buffalo, NY 14220 to build and install platforms and ladders that comply to all OSHA standards so that we could avoid paying daily fines. Total labor and material is $15,409 and funds are available for this purpose in the Division of Buildings. RECEIVED AND FILED. No. 29 1989 Clinton Street Requests Permission To Install Handicap Ramp Mr. James Sumner Yarrington, Architect, acting as agent for First Federal Savings and Loan, 1989 Clinton Street, has requested permission to install a handicap ramp which would encroach city right of way at said address. The proposed ramp would measure ten feet in length and project a maximum of five feet from the building face into City right of way. The Department of Public Works has reviewed Mr. Yarrington s request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) 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 and all other City of Buffalo permits necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works with a $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 ramp. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 30 151 Walden Is Requesting A Handicap Ramp Mr. Mohammed Nagi, owner of Stop-N-Shop, located at 151 Walden Avenue, has requested permission to install a handicap ramp which would encroach City right of way at said address. The proposed ramp would measure 14 feet in length and project a maximum of 5 feet from the building face into City right of way. The Department of Public Works has reviewed Mr. Nagi's request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) 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 ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. 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. 31 395 Delaware Avenue Requests Permission To Install Sidewalk Cafe Mr. Christian Vendetti, owner of Chris' N.Y. Sandwich Co., located at 395 Delaware Avenue has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 13 feet in length and project 8 feet from the building face into City right of way. Mr. Vendetti has also requested permission to occupy the portion of City right of way located between the sidewalk and curb which measures 19 X 7 feet. The Department of Public Works has reviewed Mr. Vendetti's application pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That after installation of said cafe a minimum of 4 feet of unobstructed public sidewalk exists. 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, sue and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 32 537 Main Street Requests Permission To Install Sidewalk Cafe Mr. Vince Allesandra, owner of Arby's Restaurant located at 537 Main Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure fifty feet in length and project twenty feet from the building face into City right of way. The Department of Public Works has reviewed Mr. Allesandra's application pursuant to Chapter 413 Section 59 (sidewalk cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed 50 feet in length or extend more than 20 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. 33 3102 Main Street Awning within City Right Of Way Mr. Thomas Hunt, owner of Teddy's Music & Books, located at 3102 Main Street has requested permission to install an awning which would encroach City right of way at said address. The proposed awning would measure 37 feet in length, a maximum of 7 feet in height, and project a maximum of 3 feet from the building face into City right of way. The Department of Public Works has reviewed Mr. Hunts 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 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 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 ($5,000.00 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 awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 34 700 Potomac Avenue; Encroachment- Porch Mr. Max Willig, Architect, acting as agent for Ms. Frances M. O'Brien, owner of the property located at 700 Potomac Avenue, has requested permission to construct a second story porch over City right of way at said address. The proposed porch would replace a once existing porch removed due to structural instability. The porch would be located 10 feet above ground level and although over City right of way would not be over the pubic sidewalk. The porch would measure sixteen feet in length and project seven feet from the building face. The Department of Public Works has reviewed Mr. Willig's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for 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 porch 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 ($5,000.00) 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. 35 Payphones Within City Right Of Way The Department of Public Works recently conducted a survey of major thoroughfares and identified all payphones located within City right of way. Several companies were found to have placed payphones on City property without first obtaining the appropriate permit from the Director of Licenses as per Chapter 441 of the City Ordinances at an annual cost of $131.25 per phone. All such companies were provided with a list of said payphones and charged double the original permit fee or $262.50 per phone in accordance with Chapter 263-23. The results of the above mentioned survey are as follows: COMPANY NAME # OF PHONES AMOUNT DUE New York Telephone 67 $17,587.50 W.N.Y. Communications 27 $ 7,087.50 Pay-Tel Corporation 55 $14,437.50 Hello Payphones 35 $ 9,187.50 U.S. Communications 3 $ 787.50 Tops Markets 4 $ 1,050.00 Buffalo Coin Phones 3 $ 787.50 In order to alleviate some of the confusion regarding placement of payphones and make sure all companies have equal opportunity to apply for said placement the Corporation Counsel's office is currently amending the existing ordinance for your review. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Lead Agency Designation/EAF Delaware Park Shakespeare Stage SEQR Lead Agency Designation Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is a Type I Action and a Lead Agency responsible for determining the effect of this action on the environment must be designated among the involved agencies. The involved agencies are the City of Buffalo Department of Public Works, the Buffalo Common Council, the Buffalo Parks Department. The lead agency must be designated by agreement among the involved agencies within 30 calendar days of the date of this letter. The Department of Public Works proposes to assume Lead Agency status for this project and respectfully requests your consent to this designation. The project Environmental Assessment Form (Long EAF Part I) is enclosed for your review. Please respond in writing to our request for lead agency designation to Mr. Robert A. O'Hara, Director of Buildings. If no objections are received within 30 days, the Department of Public Works will automatically assume lead agency status. If you have any questions regarding this matter, please do not hesitate to contact Mr. O'Hara at 851-5874. Mr. Fahey moved: That the communication from the Department of Public Works dated May 4, 1993 be received and filed; and That the Common Council hereby consents to the designation of the Department of Public Works as Lead Agency under SEQR for the Shakespeare Stage, Delaware Park project. ADOPTED. No. 37 Reply to Lead Testing Concerns Item No. 189, C.C.P. 03/16/93 In response to Common Council Proceeding No. 189 of March 16, 1993, "Concerns about Lead Testing", please be advised of the following responses to the questions listed in the adopted resolution. - In what way did the City exceed the Federal action level of 15 ppb? During the second six month monitoring period, the "at the tap" concentration for lead was only slightly above the Federal action level at the 90th percentile. We took 140 samples and only 17 of them exceeded the action level. In fact, if three additional samples analyzed had been below the action level of 15 ppb, the Water Authority would have been in compliance. - What is a "90th percentile at the tap concentration"? Does this mean the average of the worst ten percent of sites tested? The results are tabulated in ascending order. The result the 90 percent number sample is the result used as the "90th percentile at the tap concentration". In this case 140 samples were tested. The results arranged in ascending order. The concentration of the 126th sample is the "90th percentile at the tap concentration". - Why is there a change in the City's rating from the first round of tests to the second round? There are parameters that weren't analyzed that can make water more corrosive at certain times of the year. Some of these parameters are temperature, dissolved oxygen and pH. We were at 12.8 ppb during the first round, only slightly under 15.0 ppb. This time we were 18.6 ppb, slightly over. - Can the Council get a copy of a list of addresses with comparative test results from the first to second rounds? Copies attached. - Did the second round of tests involve any locations in the inner city that were not included in the first round? Yes.- During the second round of testing, an additional 40 samples were added to our list of first round sampling sites. The majority of these samples were from high risk homes in the inner city. - If so, did these locations have an impact on the results? No, only three out of the additional 40 samples obtained showed levels above the action level which is consistent with results in all parts of the City. The 3 samples above the action level may be sites that are outside the inner city limits. Most sites considered the inner city had results of less than 4.0 ppb. - What form will the required media advertisement take? Copies of press releases attached for your reference. How will plans be formulated to implement the program elements of corrosion control treatment and source water treatment as listed in the proposed brochure? Are there any cost estimates associated with these elements yet? - Malcolm Pirnie has been hired by the Water Authority as the consulting engineer regarding the corrosion control study. The result of the corrosion study is to be submitted to the State with the optimal treatment and its' associated water quality parameters. The State will either approve the recommended treatment or designate an alternative treatment which it considers to be more appropriate. See attached table 2-1. - The pamphlet refers to "service lines that we control". It was my impression that service lines are the responsibility of homeowner. Does the City control service lines? Are there known lead service lines under the City's control? I assume that the attached pamphlet referred to in your communication is the mandatory text that is required by US Environmental Protection Agency to be printed in all material. The City of Buffalo does not control service lines. Service lines are the responsibility of the homeowner. - The pamphlet also refers to records of materials located in the water distribution system which should be kept by the public water system. Could you describe the nature of the Buffalo's record system? Is it organized in a way that would allow us to locate lead within Buffalo's water system? If so, could you prepare a brief report on lead within Buffalo's water system? The City of Buffalo, Division of Water, maintains a tap card file on taps installed on watermains and service lines that were installed to these taps. The cards would indicate the type of waterline installed, lead, copper, etc. and the date of installation. This information is obtained when licensed plumbers apply to repair or install new water services. There are a number of cards that are not current due to the fact that work was done by an unlicensed plumber or individual or because the proper permit was not obtained. This is a manual file, and we are working on updating this in conjunction with the next phase of compliance which means that a list isn't available currently but should be by spring of next year. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 38 Solid Waste Contract Renewals Terms and Conditions Item #128, C.C.P. 3/30/93 As authorized by Your Honorable Body in CCP 3/30/93; item #128 I am outlining below the terms and conditions for contract renewals with Occidental Chemical Corporation and Integrated Waste Systems, Inc. for the disposal of Buffalo's waste: Occidental Chemical Corporation $34.00 per ton for the disposal of putrescible waste (garbage) for 1993/94. 1994/95 rate to be $34.00 per ton plus a CPI increase. By January 1, 1995 the City of Buffalo will be given the environmental cost increases that will be added to the contract price for the next three (3) years (1995/96, 1996/97, and 1997/98). The City will have the option to reject the cost increases at that time and seek other bids for disposal. This is basically a five (5) year renewal with a price reopener for years 3-5 and the ability of the City to withdraw from the agreement after two (2) years should the price go up or continue if the price is competitive. Occidental has agreed to accept the waste collected during the annual "Glad Bag-A-Thon" clean up at no cost to the City of Buffalo. Integrated Waste Systems, Inc. $13.00 per ton for the transfer and haul of putrescible waste (garbage) from the East Side Transfer Station to Occidental's Waste to Energy Plant in Niagara Falls. Only $6.50 of this rate will be subject to CPI increases in future years. $35.00 per ton for the transfer, haul and disposal of nonputrescible waste (trash) from the East Side Transfer Station to a landfill for 1993/94. The same rate shall apply for 1994/95. For the remaining three (3) years, the CPI increase shall be only upon $26.00 of this initial rate. Integrated has agreed to accept all waste collected during the annual "Glad Bag-A-Thon" clean up at no cost to the City of Buffalo. Revenues from Integrated to the City of Buffalo for their use of the East Side Transfer Station to handle their own solid waste and waste from other customers (from inside or outside of Buffalo) shall be pursuant to the attached correspondence dated April 8, 1993. Auditing procedures shall be pursuant to the attached memorandum dated April 7, 1993 from the City Comptroller. If the current contract with Occidental Chemical Corporation is ended on June 30, 1995, the portion of Integrated Waste Systems, Inc. contract to transfer and haul putrescible waste shall also be canceled. The City of Buffalo has the option to continue the transfer, haul and disposal of trash portion of the contract. This current fiscal year (1992/93) we anticipate a $6,574,660 contract payment to Occidental and a $3,540,060 contract payment to Integrated. If this renewal is approved, next year's payments for the same tonnages would be $4,930,000 to Occidental and $2,690,000 to Integrated. As you can see, there is an anticipated savings of $2,494,720 for next fiscal year if tonnages remain the same. If Your Honorable Body is in agreement with the above listed terms and conditions, we respectfully request that you authorize the Commissioner of Public Works to renew these contracts. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Certificate Of Appointment Appointment effective May 3, 1993 in the Department of Public Works, Division of Water, Marilyn Cumming, 64 Rejtan Street, Buffalo, 14206, to the Position of Senior Clerk, Provisional, at the intermediate starting salary of $ 21,322. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 40 Certificate of Appointment Appointment effective May 3, 1993 in the Department of Public Works, Division of Water, Ellen M. Smith, 134 Mohr Street, Buffalo, 14212, to the position of Senior Rate Clerk, Permanent, at the intermediate starting salary of $ 21,687. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 41 Certificate of Appointment Appointment effective May 3, 1993 in the Department of Public Works, Division of Water, Brian D. Lackie, 714 Abbott Road Buffalo, 14220, to the position of Water Service Inspector, Temporary, at the maximum starting salary of $ 22,815. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 42 Certificate Of Appointment Appointment effective April 30, 1993 in the Department of Public Works, Division of Water, Alfred Grassia, 30 Greenwood Place, Buffalo, 14213, to the position of Painter, Permanent at the intermediate starting salary of $ 23,126. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 43 Certificate Of Appointment Appointment effective May 3, 1993 in the Department of Public Works, Division of Buildings, Richard L. Ogorek, Jr., 1995 Delaware Avenue, Buffalo 14216, to the position of Building Code Specialist, Provisional, at the intermediate starting salary of $32,590. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 44 Certificate Of Appointment Appointment effective May 3, 1993 in the Department of Public Works, Division of Buildings, Burke Glaser, 153 Aldrich Place Buffalo 14220, to the position of Building Code Specialist, Provisional, at the maximum starting salary of $35,085. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 45 Report of Bids Concrete Foundation for Temporary Stage Structure & Towers Shakespeare in Delaware Park I asked for and received the following Informal Proposals for the concrete foundation for temporary stage structure and towers for Shakespeare in Delaware Park on May 7, 1993. Feddington-Allen $11,840.00 LCP Construction Corp. 13,250.00 Nichter Construction Corp. 14,350.00 Falgiano Construction Co. 15,495.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Feddington-Allen, in the amount of $11,840.00, is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public corks to order the work on the basis of the low bid. Funds for this work will be available in CPF 200-402-522 - Division of Buildings. Estimate for this work was $12,500.00. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PARKS No. 46 Certificate of Appointment Appointment effective April 29, 1993 in the Department of Parks, Division of Recreation, Timothy Favero, 450 South Ogden, Buffalo 14206, to the position of Laborer II, Temporary at the intermediate starting salary of $ 9.62 hour. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 47 Towing of Vehicles Driven by "Johns" Item No. 193, C.C.P. 4/13/93 On Thursday, 4/22/93 a meeting was held in my office regarding the towing and impounding of vehicles used by persons arrested for patronizing a prostitute. Attending the meeting were Bruna Michaux of the Division of Parking Enforcement, Chief Angelo P. Alessandra, Captain Philip Ramunno of our Narcotics and Public Morals and Lieutenant John Pace of Vice. At that time policies were established for the towing and storage of vehicles being used by Johns. Our Public Morals section will make arrangements with the Division of Parking Enforcement to have additional tow trucks available on occasions when we will be utilizing under cover female officers for the arrest of persons who will be charged with patronizing a prostitute. Bruna Michaux was very helpful and cooperative in this regard. We presently have policies in effect for situations such as this. The Officers will only be required to follow existing policies and these include possessing the keys of such vehicles and informing the arrestees of the proper procedure for recovering their vehicles. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 48 Certificate of Appointment Appointment effective April 26, 1993 in the Department of Police, Delores M. Grzechowiak, 482 Fillmore Avenue, Buffalo 14206, to the position of Report Technician, Provisional, at the intermediate starting salary of $21,027. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 49 Info - Salary Ordinance Amendment - Fire Item No. 216, C.C.P., 5/4/93 The Civil Service Committee has asked whether or not Robert Heisler presently has a lawsuit against the City of Buffalo. The answer is that Mr. Heisler's status is currently in litigation, and the City is subject to a restraining order, signed by Supreme Court Justice Edward A. Rath, ordering that he be kept on the payroll until his case is heard by an arbitrator. To summarize, Mr. Heisler is claiming Injured on Duty status, while the City claims he is suffering from an ordinary illness. The arbitration of his case has been delayed a number of times, due to the illness, and subsequent resignation, of the arbitrator. We are currently in the process of selecting a new arbitrator. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF STREETS No. 50 Status of R. Makowski Item #176, C.C.P. April 13, 1993 The attached copy of the Memorandum of Agreement between the City of Buffalo, Local 264, AFSCME, AFL-CIO and Robert Makowski is in response to your Honorable Body's request regarding the above referenced item. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 51 Report of Emergency Bid for the Demolition of 711 Best Street and 227 Fox Street Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 23, 1993 and that the contracts will be awarded to the lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 711 Best Street Great Lakes Dismantling Calvin H. Brooks $4,599.00 711 Best Street Buffalo, New York 227 Fox Street Integrated Waste Special Services Thomas J. Grillo $4,130.00 2435 Bailey Avenue Buffalo, New York Please be further advised that the demolition contractor will arrange for the water and sewer terminations and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated April 26, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts to Great Lakes Dismantling at a cost of $4,599.00, relating to 711 Best Street and Integrated Waste Special Services at a cost of $4,130.00, relating to 227 Fox 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. 52 Report of Emergency Bid for the Demolition of 122 Dodge Street Due to the very serious and hazardous condition of the fire-damaged building located at 122 Dodge Street, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at 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 April 18, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 122 Dodge Street Sam DelMonte Demolition J. R. M. Rentz, Inc. $4,500.00 90 Huntington Apt H1 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 20, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Sam DelMonte Demolition at a cost of $4,500.00, relating to 122 Dodge 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. 53 Report of Emergency Bid for the Demolition of 377 Fulton Street Due to the very serious and hazardous condition of the fire-damaged building located at 377 Fulton Street, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at 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 April 20, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID 377 Fulton Street Sam DelMonte Demolition James Clancy $3,750.00 377 Fulton 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 21, 1993, be received and filed; and That the award by the Commissioner of Inspections and community Revitalization of an emergency demolition contract to Sam DelMonte Demolition at a cost of $3,750.00, relating to 377 Fulton 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. 54 Report of Emergency Demo. Bids for Various Properties Within The City of Buffalo Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (l) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 20, 1993 and that the contracts will be awarded to the lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 2252-54 Genesee Great Lakes Dismantling Michael E. Kriewaldt $5,815.00 2254 Genesee Buffalo, New York 176 Herkimer Integrated Waste Special Services Mary E. Rounds $5,160.00 176 Herkimer Buffalo, New York 14213 139 West Delavan Lebis Contracting Michael Parker and Joseph $6,775.00 M. Laux aka Joseph Laux 139 West Delavan Buffalo, New York 14213 965 Fillmore Integrated Waste Special Services Thomas and Francine Rick $5,690.00 5230 Meadowbrook Rd. Williamsville, NY 14221 263 Cedar Front and Rear Lebis Contracting Mt. Calvary Holy Church $8,525.00 of America C/O Mattie Johnson 14 Hedley Place Buffalo, New York 14215 488 East Delavan Great Lakes Dismantling Rita Jackson $5,836.00 488 East Delavan Buffalo, New York 14211 22 Brooklyn Integrated Waste Special Services Jay Dove (Dec) $4,130.00 Cio Larnette Dove 691 Parkside Buffalo, New York 14216 108 Guilford Integrated Waste Special Services Ola Dixon $4,130.00 108 Guilford Buffalo, New York 31 Eureka Great Lakes Dismantling Florence M. Flowers $4,399,00 31 Eureka Buffalo, New York 14204 107 Sherman and Garage Sam Delmonte Demolition James E. Davis $3,800.00 148 Coit Buffalo, New York 588 Spring Integrated Waste Special Services Isaiah Allen $5,220.00 295 Northland Buffalo, NY 14208 15 Garner Rear Great Lakes Dismantling Anthony Pezzino $6,992.00 PO Box 261 Buffalo, New York 14226 61 Kosciuszko Great Lakes Dismantling John Skubis $4,398.00 12 Parkside Dr. Lancaster, New York 14086 23 Brooklyn Great Lakes Dismantling Dennis Holmes $4,600.00 C/O Mrs. Donnie Holmes 20 Storz 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 22, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts to Great Lakes Dismantling at a cost of $5,815.00, relating to 2252-54 Genesee, to Great Lakes at a cost of $5,836.00 relating to 488 East Delavan, to Great Lakes at a cost of $4,399.00 relating to 31 Eureka, to Great Lakes at a cost of $6,992.00 relating to 15 Garner (rear), to Great Lakes at a cost of $4,398.00 relating to 61 Kosciuszko and Great Lakes at a cost of $4,600.00 relating to 23 Brooklyn; to Integrated Waste Special Services at a cost of $5,160.00, relating to 176 Herkimer, to Integrated Waste at a cost of $5,690.00 relating to 965 Fillmore; to Integrated Waste at a cost of $4,130.00 relating to 22 Brooklyn, to Integrated Waste at a cost of $4,130.00 relating to 108 Guilford and to Integrated Waste at a cost of $5,220.00 relating to 588 Spring; to Lebis Contracting at a cost of $6,775.00, relating to 139 West Delavan, to Lebis Contracting at a cost of $8,525.00, relating to 263 Cedar (front and rear); to Sam Delmonte Demolition at a cost of $3,800.00 relating to 107 Sherman and Garage are hereby confirmed, ratified and approved, with said cost of the project to 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. PASSED. AYES- 13 NOES- 0. No. 55 Report of Emergency Demo. Bids For Various City-Owned Properties Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 22, 1993 and that the contracts will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID LaSalle Park Hot Dog Integrated Waste Special Services Stand $5,200.00 City of Buffalo 99 Metcalfe & Garage Lebis Contracting City of Buffalo $11,558.00 Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully report to your Honorable Body that the cost of the projects is to be charged to the Capital Project Fund #200-241-002-00000. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated May 4, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts to Integrated Waste Special Services at a cost of $5,200.00, relating to LaSalle Park Hot Dog Stand and to Lebis Contracting at a cost of $11,558.00 relating to 99 Metcalfe & Garage, are hereby confirmed, ratified and approved, with said costs to be charged against Capital Project Fund #200-241-002-00000, 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. 56 Report of Emergency Bid for the Demolition of 120 Laurel Street Due to the very serious and hazardous condition of the fire-damaged building located at 120 Laurel Street, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the Structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at 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 April 17, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 120 Laurel Street Lebis Contracting Martin G. English & $3,890.00 Richard B. Ford, Jr. 32 Sussex 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 20, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Lebis Contracting at a cost of $3,890.00, relating to 120 Laurel 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. 57 Report of Emergency Bid for the Demolition of 1187 and 1189 Michigan Avenue Due to the very serious and hazardous condition of the fire-damaged buildings located at 1187 and 1189 Michigan Avenue, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid these properties for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the buildings and/ or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 25, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1187 Michigan Avenue Sam DelMonte Demolition Almuntaser M. Fadel $4,000.00 18 Manlon Terrace Cheektowaga, New York 1189 Michigan Avenue $8,500.00 Ernest Walker 572 Spring Street $12,500.00 Buffalo, New York AGGREGATE BID TOTAL 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 26, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts to Sam DelMonte Demolition at a cost of $4,000.00, relating to 1187 Michigan Avenue and to Sam DelMonte Demolition at a cost of $8,500.00 relating to 1189 Michigan Avenue, are 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. 58 Emergency Demolition of 151 Winslow Avenue Item No. 50 CCP, 1/5/93 On December 20, 1992 our department bid for demolition the property located at 151 Winslow Avenue. Please refer to attached bid sheet. The cost for the demolition of the building submitted by the lowest responsible bidder, Integrated Waste Special Services, is $5,500.00 and the asbestos removal is $2,500.00 with a total cost of the project $8,000.00. Prior to the start of the demolition work, the Fire Commissioner Paul Shanks, see attached letter, deemed this property an "emergency" situation. An "emergency" demolition requested by the Fire Commissioner permits the demolition contractor to demolish the building without prior removal of the asbestos. We, therefore, are requesting an approval of the your honorable body on a reduction in the cost of this demolition of $2,500.00. The total cost of the project will be $5,500.00. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated April 22, 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 $5,500.00, relating to 151 Winslow Avenue 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. 59 Alleged Removal of Asbestos Demolition of 1495 Fillmore Ave. "Old General Electric Building" Item No. 165, C.C.P. 4/13/93 With regard to the above subject property please be advised no permits were ever issued for asbestos removal on the old General Electric plant at 1495 Fillmore Avenue. Permits are not issued for any asbestos removal projects. A variance from the stringent requirements of Industrial Code Rule 56 was applied for and granted. This variance was included as part of our bid document proposal delivered to demolition contractors bidding on this project. This variance expired on or about 1/28/93. The successful bidder is applying to re-open this variance for the removal of this asbestos containing material. To our knowledge no asbestos containing material has been removed from this property. If any asbestos were removed illegally we would immediately notify the New York State Department of Labor Asbestos Control Bureau. The methods of handling of asbestos fall under their jurisdiction. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 60 Oppose Non-Bidding of Lead Testing Contracts Item # 88, C.C.P. 4/13/93 In response to your referral of the subject item to this department concerning a protest from Bernard Brown, of Optex Environmental Services and member of the Joint City/ County Lead Action Task Force, please be advised as follows: July , 1992 - The Department of Inspections and Community Revitalization published in the Buffalo News a notice to contractors interested in participating in lead paint abatement and testing to respond no later than April 28, 1992. January, 1993 - citing a need to ready itself for the enactment of the new City of Buffalo Lead Paint Ordinance (Chapter 261), and the possible HUD grant award for lead based paint abatement and testing programs, Seneca Lead Testing is chosen from the list of responses published in the Buffalo News of July, 1992. Mr. Bernard Brown's company Optex Environmental, did not respond to the RFP of July, 1992. Seneca Lead was chosen from the list for the following reasons: - Seneca Lead Testing is the only Minority Business Enterprise responding to the RFP. -Seneca Lead Testing was and still is one of only two companies licensed by the New York State Dept. of Labor to operate an XRF lead paint analyzer (Radioactive Materials License) as required by law, who responded to the RFP. (Buffalo Testing, Inc. is also licensed but is not an MBE). - In their proposal, Seneca Lead Testing offered at no charge to the city, training for our inspection staff for actual hands on application of the Warrington Microlead I XRF Analyzer both in the classroom and out in the field. This is the same machine the City has purchased to conduct lead based paint testing. Seneca Lead Testing also already provided the training for the original Warrington seminar held at the Lord Amherst Hotel on April 25, 1992, assuming the cost of five inspectors to be trained in lead based paint detection. Although the Department of Inspections and Community Revitalization did purchase a Warrington Microlead I from the registered Warrington licensing agent, that being Optex Environmental Scientific Services for the price of $13,000.00, we were not at all satisfied with their service. Most important was the lack of follow-up by Optex on the license application for radioactive materials, necessary for delivery of the XRF. After four (4) months of waiting for Optex to secure this license with virtually no contact from Optex as to the status of the application, our department assumed this responsibility itself and within two (2) weeks were granted a license to operate the XRF in New York State. Our research found that Optex had applied to the wrong state agency which held up the delivery of our machine for four (4) months, even though Optex had been paid in full for their "services". Upon delivery of our machine, the delivery was sent back due to a C.O.D. charge of $50.00 owed Warrington by Optex for four (4) months. Not until Optex paid the balance owed to the manufacturer did we finally receive our XRF analyzer. REFERRED TO THE COMMITTEE ON FINANCE. No. 61 Certificate of Appointment Appointment effective May 3, 1993 in the Department of Inspections and Community Revitalization, Division of Housing and Property Inspections, Patrick C. McNamara, 359 Abby Street, Buffalo, New York 14220, to the position of Combustion Inspector, Provisional, at the maximum starting salary of $ 32,051. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 62 Certificate of Appointment Appointment effective March 10, 1993 in the Department of Inspections and Community Revitalization, Division of Housing & Property Inspections, Salvatore P. Galluzzo, 269 Busti Avenue, Buffalo, New York 14201, to the position of Building Inspector, Permanent, at the maximum starting salary of $32,057. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 63 Towing of Vehicles Driven by John's Item #193, C.C.P. 4/13/93 In response to the above item, Bruna Michaux, Director of Parking Enforcement, John Womer, Superintendent of our Towing and Storage Operation and Joyce Manch, Assistant Corporation Counsel met with Police Commissioner Donovan, Chief of Detectives Allessandra, Captain Ramunno and Lt. Pace on April 22, 1993 to discuss and coordinate procedures for towing and impounding vehicles left on the street after the "johns" are arrested. The Director of Parking Enforcement will receive, from the Commissioner of Police, a weekly work schedule, effective May 3, 1993, of the officers assigned to "Operation Johnnie." The police will contact our tow truck operator to impound the vehicle for safekeeping and tow to the auto pound at 189 Tonawanda Street. The vehicle will not be released until all outstanding parking tickets & towing and storage charges are paid. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Request Ordinance Amendment Parking Violations Item #40 C.C.P. 4/13/93 The above resolution was referred to this office for a response. The Division of Parking enforcement is not opposed to the amendment. Our current fine schedule does not include a violation for "no stopping." In order to enforce the areas where no stopping signs are installed, we request that the Common Council approve the ordinance amendment. REFERRED TO THE COMMITTEE ON FINANCE. No. 65 Quarterly Budget Report Res. #189, C.C.P., September 15, 1992 Pursuant to the above referenced resolution I am filing with Your Honorable Body a 1992-93 third quarter budgetary status report prepared by the Division of Budget and Management Services. This is a follow-up to the first two quarterly reports filed on 10/21/92 and 2/19/93 that projected current year deficits of $2.478 million and $51,000 respectively. Today's report projects that the city general fund will finish the 1992-93 fiscal year with a $410,000 surplus. This approximately $450,000 improvement is a result of improved revenue projections netting an additional $450,000 based on the following variances from the second quarterly report: REVENUE VARIANCES FROM FEB TO APRIL PROJECTIONS (In millions of dollars) + $.350 Delinquent property taxes + $.300 Misc. general revenue (includes $.2 from propane explosion settlement) + $.300 Use of capital reserves account - $.200 Departmental revenues (interest earnings) - $.300 Sales tax (bringing projections down to original budget) +$.450 Total improvement in revenue projections The total appropriations projections remain the same in the third quarter as the second because expected increases in costs are offset by a decrease in the final pension estimate for 1992-93. The increases and decreases in costs from Feb to April are as follows: APPROPRIATIONS VARIANCES FROM FEB TO APRIL PROJECTIONS (In millions of dollars) + $ .200 Supplies (salt for Streets department) + $ .200 Services (medical cost for police & fire) + $ .300 Misc. charges (includes $.200 for tax adjustment fund and $.100 increase BMHA deficit) + $ .300 Increase in capital spending from reserve accounts - $1.000 Pension cost based on adjustments that were charged to 91-92, not expected to be repeated in 92-93 0 Total change in appropriation projections In summary, the current year projection of a $410,000 surplus is a virtual breakeven on a $250 million budget (less than 2 tenths of 1% of the total budget). These projections, of course, are subject to the final year-end audit. This office will continue to closely monitor all revenue and expenditure accounts for the remainder of the year and keep dour Honorable Body informed of any significant variances that may develop. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CIVIL SERVICE COMMISSION No. 66 Eligible List Sr. Acct./Auditor and Jr. Auditor In response to your letter dated April 28, 1993 regarding resolution #221, please be advised that the eligible lists for Senior Accountant/Auditor and Junior Auditor were adopted on April 28, 1993. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO HOUSING AUTHORITY No. 67 Employment Recap - M. O'Shei In response to your communication of May 4, 1993, regarding Ms. Mary R. O'Shei, please be advised that Ms. O'Shei began her employment with the BMHA on October 23, 1978 as an Account Clerk Stenographer, Permanent. Her status was changed to Benefits Manager, Permanent on February 8, 1987, a Non-Represented title. She was granted an approved leave of absence effective December 2, 1991, and her salary was $29,901, the top of the grade, at the time. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 68 Items Recalled from Mayor Ord. Amend. Ch. 72 - Ambulances (Res. 190, CCP, 4/27/93) Ord. Amend. Ch. 75-12 Amusements (Res. 191, CCP, 4/27/93) Ord. Amend. Ch. 75-13 Amusements (Res. 192, CCP 4/27/93) Ord. Amend. Ch. 88 Bakers (Res. 195, CCP, 4/27/93) Ord. Amend. Ch. 186 Flam. Liquids (Res. 201, CCP, 4/27/93) Ord. Amend. Ch. 254 Junk Dealers (Res. 202, CCP, 4/27/93) Ord Amend Ch. 263-4 Tire Recap Lic (Res. 203, CCP, 4/27/93) Ord. Amend. Ch. 266 Liq.Petro.Gas (Res. 205, CCP, 4/27/93) Ord Amend Ch. 269 Lodging Houses (Res. 206, CCP,4/27/93) Ord. Amend. Ch. 370-4 Restaurants (Res. 208, CCP, 4/27/93) Ord. Amend. Ch. 404 Snow Removal (Res. 209, CCP, 4/27/93) Ord. Amend. Ch. 454 Tow Trucks (Res. 210, CCP, 4/27/93) were recalled from the Mayor at the directive of the Council President at the request of Michael R. Mulderig, Director of Licenses. Mr. Fahey moved that the above items which were recalled from the Mayor are now properly before the Common Council for its reconsideration. Seconded by Mr. Pitts. CARRIED. Mr. Fahey now moved that the items be received and filed. Seconded by Mr. Pitts. ADOPTED. No. 69 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 2694 Delaware Ave. Saratoga Rest. Nigro Restaurants, Inc. RECEIVED AND FILED. No. 70 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Carla Rogers Public Works- Patrick Sole Parks- Timothy Favero Corporation Counsel- Margaret Maloney Street Sanitation- Vincent Hornberger, Eugene LoTempio, Richard Fintana, Michael Dougherty Human Resources- Doris Luchey General Services- Christine Schalberg RECEIVED AND FILED. No. 71 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Municipal Housing Authority Zoning Board of Appeals RECEIVED AND FILED. No. 72 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 26,1993 in the Department of City Clerk, Thomas Eugene Davis, 278 Strauss St., Buffalo, 14211 to the position of Intern IV, Seasonal, at the flat starting salary of $ 6.00 hour. No. 73 Notices of Appointments I transmit herewith communications received by me, reporting the appointments made in the various departments at the minimum, flat or hourly rate. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM Appointment effective April 23, 1993 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, to the position of Laborer I, Seasonal, at the flat starting salary of $5.98 hour. John A. Loughran 205 Marine Drive Apt. # 7A Buffalo, 14202 William M. Fletcher, 383 Skillen St., Buffalo, 14207 James Hearn, 89 Whitfield Ave., Buffalo, 14220 Roosevelt J. Higgins, 2104 Bailey Ave., Buffalo, 14211 Appointment effective April 28, 1993 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Paul Zipp, 220 Columbus Street, Buffalo, 14220, to the position of Laborer I, Seasonal, at the flat starting salary of $5.98 hour. Appointment effective May 1, 1993 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Mark Higgins, 181 Kentucky Street, Buffalo, 14204, to the position of Senior First Class Stationary Engineer, Seasonal, at the flat starting salary of $7.05 hour. Appointment effective May 5, 1993 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, to the position of Laborer I, Seasonal, at the flat starting salary of $5.98 hour. Earl Rott, 75 Juniata Place, Buffalo, 14210 Timothy Boyce, 61 Mt. Vernon Avenue, Buffalo, 14210 FROM THE DEPARTMENT OF ASSESSMENT Appointment effective May 5, 1993 in the Department of Assessment Lawrence J. Ventola, Jr., 1012 West Avenue, Buffalo NY 14213 to the position of Clerk, Seasonal, at the flat starting salary of $5.00/hour. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective 4-23-93 in the Department of Public Works, Division of Engineering, Joseph Mancini, 191 Como Avenue Buffalo, NY 14220, to the position of Bridge Operating Engineer, Seasonal, at the flat starting salary of $7.02 hr. Appointment effective 4-28-93 in the Department of Public Works, Division of Engineering, Donald Palmer, 202 Vermont, Buffalo, NY 14213, to the position of Bridge Operating Engineer, Seasonal, at the flat starting salary of $7.02/hr. Appointment effective 4-29-93 in the Department of Public Works, Division of Engineering, Robert Brill, 282 Katherine St., Buffalo, NY 14210, to the position of Bridge Operating Engineer, Seasonal, at the flat starting salary of $7.02/hr. Appointment effective 5-3-93 in the Department of Public Works, Division of Engineering, Anthony J. Szary, 1290 Lovejoy St., Buffalo, NY 14206, to the position of Bridge Operating Engineer, Seasonal, at the flat starting salary of $7.02/hr. Appointment effective 5-5-93 in the Department of Public Works, Division of Engineering, to the position of Laborer I, Seasonal, at the flat starting salary of $5.98/hr. Joseph Cicatello, 165 Ross, Buffalo, NY 14207 Darren Toczek, 147 Bush St., Buffalo, NY 14207 Jake Yarns, Jr., 311 Northumberland, Buffalo, NY 14215 James Mann, 247 Monroe St., Buffalo, NY 14206 Samuel Giancarlo, 89 Delsan Ct., Buffalo, NY 14216 Edward Rigby, 14 W. Woodside, Buffalo, NY 14220 Timothy Campbell, 205 Marine Dr. Apt. 9D, Buffalo, NY 14202 Appointment effective 5-3-93 in the Department of Public Works, Division of Engineering, Patricia Mulderig, 64 Dundee St., Buffalo, NY 14220, to the position of Account Clerk Typist, Temporary, at the minimum starting salary of $19,346. Appointment effective April 28, 1993 in the Department of Public Works, Division of Water, Patrick D. Farrell, 128 Theodore Street, Buffalo, 14211, to the position of Water Service Worker, Permanent, at the minimum starting salary of $20,055. Appointment effective May 3, 1993 in the Department of Public Works, Division of Water, to the position of Water Service Worker, Seasonal, at the flat starting salary of $ 6.02/Hr. Arthur S. Forman, 1511 Broadway , Buffalo, 14212 Paul J. Gilbert, 741 LaSalle Ave., Buffalo, 14215 Scott Peoples, 154 Kenville Road, Buffalo, 14215 Michael Schiavone, 136 Vermont St., Buffalo, 14213 Donald H. Siler, 26 W. Woodside Ave., Buffalo, 14220 Nathan R. Stephen, 165 Blaine Ave., Buffalo, 14208 Appointment effective May 4, 1993 in the Department of Public Works, Division of Water, Anthony J. Marzo, 100 Bame Avenue, Buffalo, 14215, to the position of Water Service Worker, Seasonal at the flat starting salary of $6.02 / Hr. Appointment effective May 3, 1993 in the Department of Public Works, Division of Water, Marjorie Sansanese, 19 Admiral Road, Buffalo, 14216, to the position of Account Clerk, Temporary, at the flat starting salary of $ 5.25/Hr. Appointment effective May 3, 1993 in the Department of Public Works, Division of Water, to the position of Clerk, Seasonal, at the flat starting salary of $ 5.00/Hr. Mary E. Fay, 108 Ramona Ave., Buffalo, 14220 Mary Frances Fay, 11 Pawnee Pkwy., Buffalo, 14220 Ann M. Finger, 336 Eden St., Buffalo, 14220 Appointment effective April 29, 1993 in the Department of Public Works, Division of Water, Robert Tumiel, 142 Indian Church Road Buffalo, 14220, to the position of Caulker, Permanent, at the minimum starting salary of $ 20,928. Appointment effective April 28, 1993 in the Department of Public Works, Division of Water, David F. Siegel, 290 Choate Avenue Buffalo, 14220, to the position of Water Distribution Superintendent, Provisional, at the minimum starting salary of $ 35,047. FROM THE DEPARTMENT OF PARKS Appointment effective April 28,1993 in the Department of Parks, Division of Recreation, Herbert Marcus, 389 Goodyear, Buffalo 14211, to the position of Recreation Instructor, Provisional, at the minimum starting salary of $ 20,382. Appointment effective May 3, 1993 in the Department of Parks Division of Recreation, to the position of Recreation Instructor, Provisional, at the minimum starting salary of $ 20,382. David Phillips, 98 Millicent Ave., Buffalo 14215 Matthew Whelan, 280 Choate, Buffalo 14220 Appointment effective May 3,1993 in the Department of Parks, Division of Parks, Robert Mullen, 56 Mineral Springs, Buffalo 14210, to the position of Laborer II, Seasonal, at the minimum starting salary of $ 6.65 hour. FROM THE DEPARTMENT OF POLICE Appointment effective April 26, 1993 in the Department of Police Donald R. Fry, 131 Summit Avenue, Buffalo 14214, to the position of Captain, Contingent Permanent, at the flat starting salary of $ 45,849. Appointment effective April 26, 1993 in the Department of Police, Martin Jurewicz, 60 Denise Drive, Cheektowaga 14227 to the position of Police Captain, Permanent, at the flat starting salary of $ 45,849. Appointment effective April 26, 1993 in the Department of Police, Michael Gaspar, 28 Partridge Walk, Lancaster 14086 to the position of Police Inspector, Permanent, at the flat starting salary of $50,455. Appointment effective April 26, 1993 in the Department of Police, Thomas R. Lyon, 175 Nicholson Street, Buffalo 14216 to the position of Police Lieutenant, Contingent Permanent, at the flat starting salary of $ 40,019. Appointment Effective April 26, 1993 in the Department of Police, Salvatore Losi, 270 Westgate, Kenmore 14217 to the position of Police Lieutenant, Permanent, at the flat starting salary of $ 40,019. FROM THE DEPARTMENT OF FIRE Appointment Effective 4/26/93 in the Department of Fire, Division of Administration, to the position of Firefighter, Permanent, at the minimum starting salary of $ 25,060. William D. Adams. 56 Vulcan St., Buffalo, NY 14207 Michael C. Angrisano, Jr., 601 Richmond, Buffalo, NY 14221 Suzanne Bannister. 149 Hamburg St., Buffalo, NY 14204 Marcus C. Brooks, 255 Riley St., Buffalo, NY 14208 Richard M. Brooks, 626 E. Ferry St., Buffalo, NY 14208 Christian J. Clark, 62 Proctor Ave., Buffalo, NY 14215 David P. Collins, 143 Trowbridge St., Buffalo, NY 14220 Thomas Coyle, 25 Spaulding St., Buffalo, NY 14220 Jeffrey Craig, 136 Wright St., Buffalo, NY 14215 Daniel Dilapo, Jr., 734 Tacoma Ave., Buffalo, NY 14216 Michael Dougherty, 84 Tamarack St., Buffalo, NY 14220 Mark G. Eisensmith, 114 Spaulding St., Buffalo, NY 14220 Patrick H. Garvey, 230 St. Lawrence, Buffalo, NY 14216 Paul T. Graham, 74 Turner, Buffalo, NY 14220 Vincent Hornberger, 320 Downing St., Buffalo, NY 14220 Kenneth Johnson, 82 Rich St., Buffalo, NY 14211 Douglas M. Lash, 263 Bedford Ave., Buffalo, NY 14216 Andre C. Lott, 136 Arden Ave., Buffalo, NY 14215 Peter D. Magerum, 47 Aldrich Pl., Buffalo, NY 14220 Thomas Martin, 480 Normal Ave., Buffalo, NY 14213 Tony M. Martin, 97 Parkridge, Buffalo, NY 14215 Charles H. Mayer, Jr., 184 Aldrich, Buffalo, NY 14220 Timothy E. Miller, 38 Beverly Rd., Buffalo, NY 14208 Gregory P. Nikiel, 162 Whitehall, Buffalo, NY 14220 Derrick Norman, 118 Cambria St., Buffalo, NY 14206 Frederick Nowak, 42 Leland Dr., Buffalo, NY 14220 Jeffrey R. Obstarczyk, 38 Kenefick, Buffalo, NY 14220 Douglas M. O'Shei, 112 Unger Ave., Buffalo, NY 14210 Philip Pietromicca, 642 Taunton, Buffalo, NY 14216 John Relosky, 434 Fargo Ave., Buffalo, NY 14213 Scott J. Rogers, 115 Folger St., Buffalo, NY 14220 Frank L. Russillo, 115 Pries St., Buffalo, NY 14220 James Spencer Jr., 1949 Hertel Ave., Buffalo, NY 14214 Michael B. Thomas, 781 Parkside, Buffalo, NY 14216 Geneal Wagstaff, 38 Lang Ave., Buffalo, NY 14215 Overton E. Walker, 535 Madison St., Buffalo, NY 14211 Sean A. Walker, 227 Parkside , Buffalo, NY 14214 Appointment effective 4/28/93 in the Department of Fire Division of Administration, Susan E. O'Neill, 344 Eden Street Buffalo, New York 14220 to the position of Clerk, Seasonal, at the flat starting salary of $ 5.00 Per Hr. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective April 26, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the flat starting salary of $ 6.65 per hr. Brian P. Mann, 712 McKinley Pkwy., Buffalo, NY 14220 Brian D. Wells, 110 Whitfield Ave., Buffalo, NY 14220 Appointment effective May 3, 1993 in the Department of Street Sanitation, Robert J. Hughes, 30 Whitfield Avenue, Buffalo, New York 14220, to the position of Laborer II, Seasonal, at the flat starting salary of $6.65 per hr. FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment effective 5/3/93 in the Department of Administration and Finance, Division of Parking Enforcement to the position of Clerk, Seasonal, at the starting salary of $ 5.00 hour. Diane M. Feskun, 767 McKinley Parkway, Buffalo, NY 14220 Jennifer A. Danahy, 75 Shenandoah Rd., Buffalo, NY 14220 FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective April 30, 1993 in the Department of Human Resources, Division of Youth, Lynn M. Gloss, 348 Colvin, Buffalo 14216, to the position of Supervisor, Temporary, at the flat starting salary of $ 5.00/hr Appointment effective May 3, 1993 In the Department of Human Resources, Division of Youth, Christine A. Schalberg 337 St. Lawrence Street, Buffalo, 14216, to the position of Assistant Financial Officer Youth, Temporary, at the minimum starting salary of $24,172. Appointment effective April 26, 1993 in the Department of Human Resources, Division of Substance Abuse Services, JoAnne M. Cary, 135 Sunset, Buffalo 14207, to the position of Case Manager, Contingent Permanent, at the minimum starting salary of $ 20,745. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 74 BLIND ASSOCIATION OF WNY Hang Banner-Niagara & Court "Ride in Plain Sight" I am writing to request permission to hang a banner at Niagara Square and Court Street from July 1, 1993 (or soon thereafter) until August 1, 1993 for the "Ride In Plain Sight" Bicycle Tour to benefit the Blind Association of Western New York. We fully understand the restrictions involved in hanging such a banner and will make every attempt to follow the rules accordingly. The copy on our banner will read: "Join the fun on Sunday, August 1, 1993 for the Ride In Plain Sight Bicycle Tour! 5, 15 or 25 miles. For information call 882-1025." I have also written a letter to the Mayor requesting permission to hang the banner at Niagara Square and Court Street. The Blind Association hung the banner there last year, and is aware of who to contact and how to hang the banner. I appreciate the Common Council's time, consideration and support of this project. The event is our largest fund raiser and the more publicity we can get the more services we are able to provide. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 75 BUFFALO CABLE ACCESS MEDIA Annual Budget Submission FY 93 - 94 Buffalo Cable Access Media is submitting its request for funding for FY 93 - 94. The monies request is for the period beginning July 1, 1993 to June 30, 1994. The funding request is from the Public Access Revenue fund held by the City. No general fund monies are being requested. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 76 BUFFALO SOFTBALL LEAGUE INC. Oppose Increased Diamond Fees It is our understanding that the city is contemplating doubling the user fee for the softball diamonds for the 1994 season from $50.00 To $100.00. The Buffalo Softball League is a not-for-profit, independent body, comprised of an eleven member board, with three part time employees. We represent over 400 teams consisting of 8,000 total members. We have in the past offered to pay our fair share to help maintain the facilities we use, however, our proposals were not accepted by the parks department. As the largest contributor (approximately $20,000.00 In 1993) we feel it is wrong that no portion of the revenue from the present user fee has been dedicated to improve the facilities. We strongly oppose doubling the user fee to $100.00 In 1994. The buffalo softball league, its sponsors and members simply cannot afford such an exorbitant increase. We went from $0 in 1992 to $50 in 1993 and a proposed $100 in 1994. This increase will eventually put the buffalo softball league out of business and drive people out of recreational softball instead of raising revenue for the city of Buffalo. We welcome an opportunity to address the council in person to present our concerns on this issue. REFERRED TO THE COMMITTEE ON FINANCE. No. 77 CITIZENS ALLIANCE Problem with Warranty Work 23 Mendola On Monday, April 12th while I was at your office arranging an inspection for work in progress at 75 Hedley Terry Sexton passed the phone to me with the son of the owner of 23 Mendola on the line. He informed me that a rear roof valley was leaking, and that a crack was in the cement. This was the first contact made to our company regarding this matter. As is my custom, I immediately responded to the matter by visiting the home the same evening, April 12, 5:30 PM, when I was leaving for home. I met with the owner, Mrs. Hall, after knocking at the front porch and asking for access to the spots under question on the side of the house. (sic) I was given a step ladder by her to access the rear porch. Both gutters on the porch were full of leaves. I clean them out in full view of the owner. They were also full of leaves an earlier visit sometime last November when they overflowed. Last fall, I observed that the water backed on to exterior house wall under the porch eves (not in the valley) because the ceiling in that section was wet. I recommended to the owner then that she must keep the gutters clean or the water will run under the eve board and it will happen again. In addition, the gutter at the rear of the garage which emptied on to the porch pad was backing up water into the porch. She allowed us to put on an elbow at Terry's insistence which she would not before. Evidently, water sometime this winter / spring has run into the porch area again. However, I saw no evidence of that at my April 12 inspection. Again with the gutter full of leaves, it surely could have happened again, and no doubt an ice jam did build up in that same corner this winter. The owner pointed out that the valley (where the porch roof meets the aluminum) was leaking. I told her that the only way that I could repair that, if it were leaking, would be to remove the aluminum siding. She insisted like she has before that no one is allowed to touch the aluminum siding. My suggestion of an alternative was rejected, namely that we add tar or caulk along the base of the siding. After the inspection of gutters was concluded, we inspected the 15 inches of cracked cement at the front gutter where it meets the house. This gutter does not empty into a connector. Rather, it empties into a low spot at the corner of the house. It would take a 10 foot connecting elbow to run it out toward the sidewalk. We informed the customer of this need last winter. Like then, she again insisted she does not want an elbow sticking out because the children are likely to trip over it playing (and they will). How can you warranty any cement when you know that water will build up under the cement at a vulnerable corner freeze, and cause damage? After my inspection on April 12th, Ms. Hall's son called my office the next morning, April 13th. I tried to explain to him what had to be done. He shouted at me that I had no authorization to visit their house without calling and scheduling with him first. I told him my contract was with Ms. Hall, and not him. He said if I came to the house again without calling first "he would come to the office and bust my m.f. ass." I informed him I was in the middle of a meeting with my Board (I held up the phone so he could hear the conversations that were going on in this office), and that I would report of my visit to the City Inspector, Terry Sexton, and a wait for his recommendation on how to proceed. After my meeting, I called Terry (he was out) and we caught up with him a day or two later. I believe it was the following Monday that he visited the house, and later my office to advise me as to what I should do. He advised me to call the client as immediately to schedule. I called the very next day, and Ms. Hall was not at home. Her son called the day after and we schedule for this Saturday. They called yesterday to change the schedule for this Saturday, and I rescheduled later with the mother for next Monday, May 3rd. Then today, I receive your unjustifiable letter. (sic) First, let me say for the record that this company has respected in every circumstance our warranty of labor in our 9 years of business with not one incident. We not only respect our warranty of labor for one year as is spelled out in every contract, but we have usually have done it most cases for two years. In addition, I believe we have responded to every punch list. I know of only one case where there was written notice, 64 Stevens Street, which arrived while I was on vacation last summer. The molding and tile problems was resolved as soon as I returned. Second, I want to invite you to join me this Monday at 10:00 AN at 23 Mendola to observe the situation yourself to verify that this company is honoring its warranty under difficult circumstances. Third, I would at your convenience in the next week invite you to accompany me to three units where we are presently working with your Department to view the work we have done, or had done, and have you discuss with the customer our performance, and any concerns that you or they may have with this company. I would like our Board President and a District Councilman join us in this visit. Fourth, Citizens Alliance, Inc., formed on April 5th, 1993, a new for profit subsidiary company, C A Home Improvement Company, Inc.. This company is in the process of receiving its license and will be hiring a far more qualified Manager and lead carpenter for our work. He will be the new companies lead man on our inspections, work, and estimates. I will be staying with the parent company, Citizens Alliance, Inc., to develop its NPP program in the Delavan Grider area, and be helping the business in a minor way. As you are aware our organization has tried to keep a professional business like relationship with your Department free of politics. Your action in the above matter is totally unjustified, and without notice. I trust you will be cordial enough to join me in the inspection of the work we are going to be do this Monday, May 2nd, at 23 Mendola at 10 AM. Then I trust you take an hour of your time to make an extended visit to 75 Hedley (Sarah Marshall), 357 Landon (Curtis Black), and 234 Guilford (Walter Anderson) during the next two weeks as we are closing on some $40,000 of contract work through your Department. I believe it is the best interest of the City that you be most thorough in your knowledge of this company, and our relationship with our customers. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 78 WILLIAM J. CROTTY Reimburse Costs - Water 51 Amsterdam Ave. This is my claim to the City of Buffalo for insufficient water for the last 3 1/2 years. First my upper apt. has been empty for over 2 years causing me to lose $300.00 a month rent. When I finally could save enough money 1 had to buy a small pumping station and have it installed in my basement. The jet pump and holding air tank cost was $350.00, pipe, elbows and tee costs $50.00. Also, a check value was needed for $25.00. The installation cost $100.00, for a total cost of $525.00. Now instead of the water barely running out in the upper apt it has a good 45 psi at all times. The water pressure coming from the water main is only 18 psi. I believe my house is one of the only doubles on the street. All the singles do not have water in the upstairs. Now that I have my apt. rented and good water supply, my electric bill has gone from $35.00 to $60.00 a month to run the pumping station. So for me to have the right water, a total of lesses and cost of equipment was $7725.00 and in the future $25.00 a month will be seen on my electric bill to keep it operating. I feel that I should be compensated for at least some of the money and, also, see a reduced water bill until the problem is corrected. REFERRED TO THE COMMITTEE ON CLAIMS AND THE COMMISSIONER OF PUBLIC WORKS. No. 79 GROUP MINISTRIES Close Jefferson Ave. btw. Glenwood and East Utica Group Ministries a not-for-profit organization, is sponsoring a "MEMORIAL DAY BAR-B-QUE BASH TO BE REMEMBERED", Saturday May 29,1993 between the hours of 12:00 noon to 6:00 pm, at the empty lot located pat 1340 Jefferson Avenue. This day will be filled with good food, live entertainment from inner-city Gospel, Rap and R & B artist, as well as a D.J. on site to play the latest jams. Admission for this event will simply be refundable beverage containers which will be dropped off in exchange for food and beverage tickets at the RBC Redemption Center located at 1335 Jefferson Ave. I am requesting that the block of Jefferson Ave., between Glenwood and East Utica be blocked off between the hours of 11:00 am and 8:00 pm Saturday May 29,1993. In closing I can and will assure you that the lot will be cleaned before and after the event. A favorable response is appreciated. Thank you in advance for your support in this endeavor. Any questions don't hesitate to call me- Business 882-2966 Home 833-2624. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF POLICE. No. 80 INTEGRATED WASTE SYSTEMS Withdraw Permit Application Transfer Station on Kelly Island In response to your communication regarding Integrated Waste's permit application to construct a transfer station on Kelly Island, please know that our company, Integrated Waste Services, Inc., has Withdrawn its application. We at Integrated Waste Services have a long history of conducting business as good corporate citizens. We thought there were valid reasons to build a transfer station on our Property Within the City of Buffalo and believe we followed all necessary procedures; but, if our plans interfere with those of the City, we will not pursue them. I hope this response meets with approval. RECEIVED AND FILED. No. 81 JESSI LUTTRELL Oppose Curfew Ordinance I am writing regarding the proposed curfew law in Buffalo, I strongly urge you to reconsider this bill for many reasons. Buffalo is a major source of entertainment for may friends and I (who are 17 and under). We often attend late movies and concerts that don't get our until midnight or later. After, we always walk around and go for something to eat. We all have our night license, but it is easier and more pleasant to walk on a nice summer night. I feel that innocent kids, like my friends and I are being punished for heinous crimes that we have nothing to do with. Therefore we cannot enjoy the entertainment that Buffalo has to offer us unless we are home by midnight. If I'm old enough to obtain my night license, and my parents consent to me being out that late, I should be able to enjoy myself, regardless of the time. Thank you for your time. I hope that this shows you a different- viewpoint on the bill. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 82 NYS DEPARTMENT OF HEALTH Demolition of G.E. Building 1489 Fillmore Ave. I have reviewed the two letters from citizens which express concern in regard to potential health effects from the demolition of the former (G.E. Building located at 1489 Fillmore Ave. Apparently a previously completed environmental assessment ( Monroe Monitoring & Analysis) has documented asbestos, heavy metal and other chemical contamination within the building. As I have not received or reviewed the aforementioned report, I cannot comment on the potential for environment or health concerns associated with the demolition of the building. Please send this office a copy of the Assessment Report so that I can respond to your request. You may also wish to contact Mr. Martin Doster (851.7220) of the NYSDEC for any comments they may have. If you have any questions, please call me at 847-4502. REFERRED TO THE COMMITTEE ON FINANCE. No. 83 NYS DEPARTMENT OF TRANSPORTATION Cleaning Kensington Expressway We have reviewed the proposed resolution as submitted with your April 14, 1993 letter, and we are pleased that the City is taking positive action towards cleaning the Kensington Expressway. With the exception of the third paragraph which states that the maintenance obligation is unclear, we are in agreement with the resolution as stated. As stated in past correspondence to you (April 2, 1992) and other City of Buffalo officials, Article XII B of the Highway Law states that the cleaning and sweeping of State arterial highways passing through a city are the responsibility of such city. Regarding the last paragraph which proposes to include the New York State Department of Transportation in negotiations to formally determine responsibilities for proper maintenance, we very much look forward to working with the City in this regard. We might take this opportunity to establish a regularly scheduled mechanical sweeping of the expressway by the City, an unsuccessful effort in the past. If you should have any questions or wish to discuss this matter further please feel free to contact the undersigned at 649-2157. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 84 NIAGARA FRONTIER TRANSPORTATION AUTHORITY Change Use Of Storage Pads Into Parking Area for The Pier Restaurant In conformity with State Environmental Conservation Laws, the NFTA hereby notifies your office that it is proceeding with a change of use on its property at the former Bulk Cargo Yards, Port of Buffalo. The proposed change in use is to convert pads formerly used to store bulk products into parking areas to serve The Pier Restaurant. Formal notice was made to the New York State Department of Environmental Conservation on June 23, 1992. But since conversion of this property did not occur last construction season and will take place in the near future, we are forwarding this letter to your office as additional notice that we are proceeding with this plan. If you have any questions or need any clarification, please contact Mr. Kevin McCarthy, Manager of Real Properties, at 855-7237. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. PETITIONS No. 85 Niagara Lutheran Home, Inc., owner, petition to use 64 Hager for laundry room/offices. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 86 Jack P. Adkins, petitioner, rezone 520-560 Dorrance Ave. from R2 to C2 for pkg. motor vehicles In conjunction with car dealership. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 87 Daniel A. Castellani, MD and Others-Request Repair of Streets, Sidewalks, Curbs on Main St. From Hertel to Kenmore Avenues. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 88 Grace Tiffany and Others - Request Free Parking for Clinic Personnel and clientele of Broadway - Fillmore Mental Health Services. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 89 Salary Ordinance Amendment 09 Department of Assessment (Item No. 213, C.C.P., Apr. 27, 1993) That the Salary Ordinance Amendment as contained in Item No. 213, C.C.P., April 27, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 90 Salary Ordinance Amendment 40-1 Division of Engineering (Item No. 214, C.C.P., Apr. 27, 1993) That the Salary Ordinance Amendment as contained in Item No. 214, C.C.P., April 27, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 91 Contingent Permanent Employee List (CSC) (Item # 80 C.C.P., May 12, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 92 Peace Officers On the Promotional Police List CSC) (Item # 68 C.C.P., Dec 22, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 93 Appointment Street Sanitation/Supervisor Of Street Sanitation I That Communication No 61 CCP Apr 13, 1993 be received and filed and the Permanent appointment of Nicholas F. Pordan stated above at the Intermediate salary $23,126.00 effective on Mar 29, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 94 Appointment Public Works/Dispatcher That Communication No 48 CCP Apr 27, 1993 be received and filed and the Provisional appointment of James Lee Mann stated above at the Intermediate salary $22,839.00 effective on Apr 14, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 95 Appointment Public works/Assistant Filtration Plant Operator That Communication No 49 CCP Apr 27, 1993 be received and filed and the Temporary appointment of Jeffrey Ford stated above at the Maximum salary $23,503.00 effective on Apr 19, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 96 Appointment Public Works/Maintenance Assistant-Water That Communication No 50 CCP Apr 27, 1993 be received and filed and the Provisional appointment of Dennis A. Smith, Jr. stated above at the Maximum salary $24,643.00 effective on Apr 19, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 97 Appointment Public Works/Chief Water Pollution Inspector That Communication No 51 CCP Apr 27, 1993 be received and filed and the Provisional appointment of Dominic DiSalvo stated above at the Maximum salary $25,736.00 effective on Apr 12, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 98 Appointment Street Sanitation/Supervisor Of Street Sanitation I That Communication No 66 CCP Apr 27, 1993 be received and filed and the Permanent appointment of Richard D. Bartolotta stated above at the Intermediate salary $23,126.00 effective on Apr 19, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 99 Notices Of Appointments (C.Clerk) (Item # 78 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 100 Transfer Funds/Civil Service (Item # 171 C.C.P., Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 101 Fund Transfer/Civil Service (A&F) (Item # 69 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 Ordinance Amendment/Ch. 144 Contractors (Item # 197 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby referred to the Legislation Committee. ADOPTED. No. 103 Ordinance Amendment/Ch. 175-75/Arcade License Fee (Item # 198 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby referred to the Committee of the whole. ADOPTED. No. 104 Ordinance Amendment/Ch. 175-144/Contractor Fees (Item # 199 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby referred to the Committee of the whole. ADOPTED. No. 105 Ordinance Amendment/Ch. 175-491/Restaurant Fees (Item # 200 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby referred to the Committee of the whole. ADOPTED. No. 106 Lease Agreement/Delavan Armory (PW) (Item # 36 C.C.P., Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Amend Lease with BCAR (Pkg Brd) (Item # 9 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Amend Lease with BCAR(CC) (Item # 58 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Multiple Parking Service/Reply EMPARK's Allegations (Item # 96 C.C.P., Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Use Of Performance Bonds On Bids (CC) (Item # 61 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Solid waste Disposal Contract (CC) (Item # 55 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Solid Waste Disposal Bids/Negotiations 1988 (Item # 47 C.C.P., April 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Erie Basin Marina 1993 Rental Rates (PW) (Item # 45 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby referred to the Committee Of The Whole. ADOPTED. No. 114 Oppose Proposal To Increase Fees At Erie Basin Marina (Item # 182 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby referred to the Committee Of The whole. ADOPTED. No. 115 Results Of Negotiations/402 Hickory (#22 12/22) (Item # 126 C.C.P., Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Results of Negotiations - Abandonment and Sale of 807 Tonawanda (Item No. 27, C.C.P., Apr. 13, 1993) That the offer of Mr. Robert A. Fiorella, who owns the property at 801-805 Tonawanda, in the sum of $1,100.00 (One Thousand and One Hundred Dollars) to purchase the property described as 807 Tonawanda, be and hereby is accepted; and That as a condition to such purchase, the appraisal requested by the City of Buffalo will be paid by the purchaser; and That as a condition to such purchase, 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 be authorized and directed to prepare the necessary documents for closing of such property. PASSED. AYES- 13 NOES- 0. No. 117 D. Starr/Offer To Sell 17 & 66 Amelia (Item # 71 C.C.P., Mar 2, 1993) That the above mentioned Item be and the same is hereby referred to the Buffalo Urban Renewal Agency. ADOPTED. No. 118 Offer Amelia Properties To City (Compt) (Item # 23 C.C.P., Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Abandon a Portion Of Amelia St. (PW) (Item # 41 C.C.P., Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Offer To Sell 17 & 66 Amelia St. (Item # 58 C.C.P., Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Purchase of 53-75 Seymour Street (Item No. 98, C.C.P., 4/13/93) That the authorization conferred on the Comptroller to negotiate the sale of 53-75 Seymour Street as contained in Item No. 98, C.C.P., April 13,1993, is hereby amended such that the condition therein that the purchaser of such property be required to acquire title to 16 Emslie Street, be, and such condition hereby is, rescinded and such authorization shall otherwise remain unchanged and in full force and effect. PASSED. AYES- 13 NOES- 0. No. 122 Amend Purchase Conditions/53 Seymour (CC) (Item # 59 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Bids - Skyway/Thruway Loop (Item No. 122, C.C.P., Mar. 30, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Director of Parking be, and he hereby is authorized to award a contract a three year lease for Skyway -Thruway Loop to Multiple Parking Services, Inc., the lowest responsible bidder in the amount of $220,000.00 annually. PASSED. AYES- BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO - 7. NOES- AMOS, ARTHUR, COPPOLA, PERLA, PITTS, ZUCHLEWSKI- 6. No. 124 Information Skyway/Thruway -Loop Bids (Bd. Pkg.) (Item # 15 C.C.P., Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Sale of Junk and Abandoned Vehicles Bid #192 Item No. 72, C.C.P., Apr. 27, 1993 That the Commissioner of General Services be, and he hereby is authorized to award a contract to South Buffalo Auto Parts, the highest responsible bidder for sale of junk and abandoned vehicles, bid #192, as more fully described in the list attached to the above communication. PASSED. AYES- 13 NOES- 0. No. 126 Compromise/Demolition Lien/75 West Ave (CC) (Item # 50 C.C.P., Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 1991-92 Tax Refund - Braco-I (Item No. 64, C.C.P., Apr. 27, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Comptroller be, and he hereby is authorized to issue a tax refund of $31, 839.28 to Braco-I for 1991-92. PASSED. AYES- 13 NOES- 0. No. 128 Chamber Assistive Device (Disab. Off.) (Item # 8 C.C.P., Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Installation Of Listening Devices (C.Clerk) (Item # 73 C.C.P., Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 130 Delaware Towers, Associates, Petition to use 1088 Delaware Avenue (Item No. 109, C.C.P., Mar. 16, 1993) That after a public hearing before the Committee on Legislation on May 4, 1993, the petition of Delaware Towers, Associates, owner, for permission to use 1088 Delaware Avenue for a ground sign be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 131 Oriole Management Inc./161 Elmwood Ave. (CPBD) (Item # 8 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 J. Sandoro/Oppose Use/ Ellicott Management Property For Parking (Item # 93 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Ordinance Amendment/Ch 12/Code of Ethics (Item # 181 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Ordinance Amendment/Ch 216/Dumping (Item # 162 CCP Feb 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Request Ordinance Amendment/Plastic Garbage Cans (Item # 189 CCP Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Change In William St. Bus Route (Item # 164 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 G. Whitthoff/William St. Bus Route Change (Item # 97 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Spraying Demolition Jobs Before 4/15 (Item # 166 CCP Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Cleanup Kensington Expressway (Resolve #2 only) (Item #183 CCP Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Request Information On Release of Shooting Suspects (Item #141 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 M. Murphy/Comments On Release Of Suspects (Item # 87 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 NFG/Information On Company Policies (Item # 88 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 143 BNRC 1992/1993 Budget (Item # 88 CCP Feb 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 BEDC - Sale of 744-752 Sycamore (Item No. 83, C.C.P., Apr. 27, 1993) That the sale of three vacant lots known as 744, 746 & 752 Sycamore Street for $6,000 with the terms and conditions described in the above communication be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 145 Atkin construction/Mineral Springs Trails (Item # 87 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Mineral Springs Trails (A&F) (Item # 79 CCP Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Mineral Springs Triangle (Assmt) (Item # 25 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Concessionaire Rotary Rink (CD) (Item # 33 CCP Dec 8, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Fountain Plaza Rotary Rink Problems (Item # 61 CCP Dec 8, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Draft Lease - Rotary Rink Concession (Item No. 65, C.C.P., Apr. 27, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fahey moved: That the concessionaire agreement between the Buffalo Urban Renewal Agency and First Rink, Inc. regarding operations at the Rotary Rink facilities be and hereby is approved, provided that a management agreement between the City and the Buffalo Urban Renewal Agency, requiring the Agency to bear all risk of monetary loss with respect to the concessionaire agreement and requiring standard insurance and indemnification provisions relative to the concessionaire's and the Agency's activities be submitted to this Council for approval. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR, PITTS- 2. No. 151 Peace Bridge Inspection Policy (C.Clerk) (Item # 74 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 BEDC/Annual Audit Ending 5/31/92 (Item # 64 CCP Mar 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 153 By: Mr. Arthur Appoint Secretary to the President of the Common Council That this Common Council hereby appoint James B. Milroy, 155 Massachusetts Avenue, Buffalo, New York to the position of Secretary to the President of the Common Council, effective May 10, 1993. RECEIVED AND FILED. No. 154 By: Mr. Arthur Appoint Sr. Legislative Assistant to Common Council That this Common Council hereby appoint Donald R. Lee, 76 Winston Road, Buffalo, New York, to the position of Sr. Legislative Assistant to the Common Council, effective May 10, 1993. ADOPTED. No. 155 By: Mr. Arthur Install "No Parking-Except Clergy" Signs on Two Parking Spaces, East Side of Pearl Street, North of Cathedral Park Street Whereas: In recent months St. Paul's Cathedral has encountered a serious problem in regards to parking clergy cars around the cathedral; and Whereas: It is imperative that St. Paul's clergy have access to their automobiles and there is no available parking in close proximity to the Cathedral. Now Therefore Be It Resolved: That this Common Council requests the Division of Traffic Engineering and the Parking Violations Bureau to comment on the feasibility of installing "No Parking--Except Clergy" signs on two parking spaces on the east side of Pearl Street, immediately north of Cathedral Park Street, and on the feasibility of making the parking meter space directly in front of the Cathedral's office building at 128 Pearl Street a loading Zone. ADOPTED. No. 156 By: Messrs. Arthur and Perla Amend 36th Annual Allentown Outdoor Art Festival Provision - Section 3 (b) to Allow Concessionaire Sales on the Section of Allen St. between Park St. and Elmwood Ave. Whereas: Concessionaire applications for the upcoming 36th Annual Allentown Outdoor Art Festival are being reviewed by the Allentown Village Society Inc. (AVS) for consideration; and Whereas: AVS received concessionaire applications from the Towne Restaurant, the Junior League of Buffalo and the Theatre of Youth to sell concessions on the section of Allen St. between Park St. and Elmwood Ave. which is presently unauthorized to be used for concessions sales according to Section 3 (b) of the Art Festival provisions; and Whereas: Due to a reduced number of Arts and Crafts exhibitor participants registered for this years show and a desire to allow festival participation for the businesses in this area, AVS requests the use of the above stated section of Allen St. for these additional concessionaire locations; and Whereas: AVS has agreed to take precautionary measures to avoid conflicts of interest with preexisting businesses, arrange for the safety and orderly conduct of pedestrian activity in this area and has agreed to make arrangements with the Towne Restaurant, located at 186 Allen St. to block access to Elmwood Ave. through their parking lot ; and Whereas: This amendment was recommended by the Allentown Village Society Inc. and is limited to accommodate the Towne Restaurant, the Junior League of Buffalo and the Theatre of Youth to sell concessions on a trial basis for this year. Now, Therefore Be It Resolved That: This Common Counsel requests that the Corporation Counsel amend Section 3 (b) of the 36th Annual Allentown Outdoor Art Festival provisions to include the section of Allen St. between Park St. to Elmwood Ave. for concession and vendor sales; and Be It Further Resolved That: This amendment be limited to accommodate the Towne Restaurant, the Junior League of Buffalo and the Theatre of Youth for the approval of concession sales in the above stated area of Allen St. on a trial basis for the 1993 Allentown Outdoor Art Festival. ADOPTED. No. 157 By: Messrs. Arthur and Fahey Ordinance Amendment Amending Various Sections of the Code of Ethics Chapter 12 City of Buffalo Code The Common Council of the City of Buffalo does hereby ordain as follows: That the following specified sections of the Code of Ethics in Chapter 12 of the Code of the City of Buffalo be amended as follows: 1. That 12-4 captioned "Contents of annual disclosure statement" be amended as follows: a. In the first phrase thereof after the words "set forth below" add the words "provided, however, the final form of the annual disclosure statement may be amended from time to time by the Board of Ethics in order to comply with the intent of this chapter and applicable law." b. The form of annual disclosure statement shall be revised such that it shall consist of two parts, part A and part B. Part A shall contain the questions now numbered 1, 2, 7, and 8 which shall be renumbered respectively 1, 2, 3, and 4. Part B shall consist of questions 3, 4, 5, and 6 which shall be renumbered respectively 5, 6, 7, and 8. c. On the first page of the form of annual disclosure statement prior to the title thereof insert in bold typeface the words "Answer all questions completely, write "none" in each case where appropriate, or if a question is not applicable write "not applicable" and attach a detailed statement explaining why." d. In the question now numbered "3" which shall be renumbered "8" (i) in subsection a thereof in the column captioned "County Department or Agency and Nature of Involvement" delete the word "County" and insert the word "City"; (ii) in subsection e thereof in the first sentence after the phrase "all investments" delete the phrase "in excess of $5000 or 5% of the value"" and insert the words "which exceed a value of $5000, except for investments held as shares or fractional interests of an entity or enterprise and the value of the investment does not exceed 5% of the total value of the entity or enterprise"; (iii) in subsection e thereof in the first sentence after the phrase "or other assets" insert "excluding personal savings and retirement accounts, but"; (iv) in subsection e thereof in the second sentence after the phrase "all real estate" insert the words ",including your personal residence,"; (v) in subsection e thereof in the column captioned "Description Investment" insert the word "of" between those words and exchange the revised caption with the caption appearing above the immediately preceding column. e. In the question now numbered 4 which shall be renumbered 6 after the words "in excess of" delete the numbers "$250.00" and insert the words "$100.00." f. In the question now numbered 5 which shall be renumbered 7 after the phrase "third-party" insert the words "payment or" and after the phrase "reimbursement for" insert the words "City of Buffalo". 2. That 12-28 captioned "Confidentiality" be amended and restated as follows: 12-28 "Confidentiality and Disclosure. A. Notwithstanding the provisions of Article 6 of the Public Officers Law, the only records of the Board which shall be available for public inspection are: (1) The information set forth in an annual statement of financial disclosure or a transactional disclosure statement, [except the categories of value or amount or any other information which the Board of Ethics declares to be confidential] provided, however, as to information responding to paragraphs 5. 6, 7, and 8 of the form of annual disclosure statement required by 12-4 hereof, such information shall be confidential and not available for public inspection, if (a) such information is filed by a person who receives no compensation or salary from the City of Buffalo. and (b) such information does not relate to the affairs of the City of Buffalo; (2) Notices of delinquency sent under 12-23 of this chapter: (3) Notices of reasonable cause sent under 12-24 of this chapter; and (4) Notices of civil assessment imposed under 12-26 of this chapter. B. Except as provided by Article 7 of the Public Officers Law, all meetings or proceedings of the Board of Ethics shall be opened to the public, and schedules of meetings, meeting agendas, and meeting minutes of the Board of Ethics shall be published in the City Record. [Notwithstanding the provisions of Article 7 of the Public Officers Law, no meeting or proceeding of the Board of Ethics shall be opened to the public, except if expressly provided otherwise by the Board of Ethics.] C. Contemporaneously with the issuance thereof, the Board of Ethics shall file with the City Clerk copies of all notices of delinquency sent under $ 12-23 of this chapter, notices of reasonable cause sent under $ 12-24 of this chapter, and notices of civil assessment imposed under 12-26 of this chapter. New matter is underlined, deleted matter is in [brackets]. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that immediate passage of the foregoing Ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 158 By: Mr. Arthur Ordinance Amendment Chapter 12 - Code Of Ethics The Common Council of the City of Buffalo does hereby ordain as follows: That Section 12-9 of Chapter 12 of the Code of the City of Buffalo be deleted in its entirety as follows: [12-9. Campaign financial statements required. Every candidate for elective city office and every political committee created to aid or take part in such election shall promptly file with the Board of Ethics a copy of every campaign finance statement such candidate or committee is required to file with the Board of Elections under Article 14 of the New York Election Law. The Board of Ethics shall inform candidates of this requirement as provided in 12-23 of this code.] APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 159 By: Mr. Collins Transfer Of Funds Appropriation Allotments Exempt Items - Water Department Of Water That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $205,760 be and the same is hereby transferred from an account in Appropriation Allotments - Exempt Items - Water and said sum is hereby reappropriated as set forth below: FROM: 410 Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements $205,760 TO: 410 Enterprise Fund - Water 98-0 Department of Water 085 - Capital Outlay 982 - Operating Equipment $205,760 PASSED. AYES- 13 NOES- 0. No. 160 By: Mr. Collins Transfer of Funds Capital Projects Fund Division of Buildings That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $7,000 be and the same is hereby transferred from the Capital Projects Fund - Division of Buildings - Handicapped Accessibility account and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 402 - Division of Buildings 062 - Handicapped Accessibility $7,000 To: 200 Capital Projects Fund 402 - Division of Buildings 095 - Relocation of LaSalle Park Concession Stand $7,000 PASSED. AYES- 13 NOES- 0. No. 161 By: Mr. Collins Transfer Of Funds Capital Projects Fund Division Of Budget & Management Division Of Development That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $30,000 be and the same is hereby transferred from the Capital Projects Fund - Division of Budget & Management - Reserve for Capital Planning account, as set forth below: FROM: 200 Capital Projects Fund 06-1 - Division of Budget & Management 001 - Planning for Capital Projects $30,000 TO: 200 Capital Projects Fund 71-7 - Division of Development 050 - Design Services for Delaware Park Jogging Path $30,000 PASSED. AYES- 13 NOES- 0. No. 162 By: Mr. Collins Increased Appropriation Reserved Fund Balance Fund Balance - Reserve for Motor Vehicle Insurance Motor Vehicle Self Insurance That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Motor Vehicle Self Insurance be and the same hereby is increased in the sum of $38,425. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $38,425 from 100-890-051 - Reserved Fund Balance for Motor Vehicle Insurance to meet this increased appropriation as set forth below: TO: 100 General Fund 812 Miscellaneous Charges 825 - Motor Vehicle Self Insurance $38,425 PASSED. AYES- 13 NOES- 0. No. 163 By: Mr. Collins Transfer of Funds Capital Projects Fund Division of Development Division of Buildings That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $300,000 be and the same is hereby transferred from the capital projects Fund - Division of Development - Shakespeare-in-the-Park account and said sum is hereby reappropriated as set forth below: From: 200 Capital projects Fund 717 - Division of development 030 - Shakespeare in the -Park $300,000 To: 200 Capital Projects Fund 402 - Division of Buildings 523 - Shakespeare in the -Park $300,000 PASSED. AYES- 13 NOES- .0 No. 164 By: Mr. Coppola Handicapped Parking Whereas: According to Section 15, Subsection 49 Parking Privileges of Handicapped, of Chapter 479 of the City Ordinances, those persons in possession of, and operating a motor vehicle with, a handicapped parking permit issued in accordance with the State of New York Vehicle and Traffic Law are authorized to park those vehicles free of charge in parking meter zones and overtime in permissive parking zones without penalty; and Whereas: Even with the above latitude, there is a shortage of handicapped parking city-wide, not only in business districts but in residential districts, and specially-designated spaces are frequently taken by persons without disabilities and handicapped parking permits; and Whereas: As a result, handicapped persons are forced sometimes to park in non-permitted parking zones, and as a result, are frequently penalized; and Whereas: In an effort to show more sensitivity towards persons with disabilities who operate motor vehicles with handicapped parking permits, the city should allow parking in parking zones not presently designated. Now therefore be it resolved that This Common Council recognizes the difficulty disabled persons with handicapped parking permits face when seeking a legal parking place in business and residential areas, and therefore, requests that the Director or Parking Enforcement and the Traffic Engineer designate parking zones not presently allowed for use by those properly displaying handicapped parking permits without penalty. ADOPTED. No. 165 By: Mr. Fahey Include Additional Members on the Housing Oversight Committee Whereas: The Buffalo Common Council adopted Item #185 C.C.P. April 27, 1993 "Appt. Mbrs. Housing Oversight Committee" naming individuals to sit on a Housing Oversight Committee to work with a consultant agency contracted to conduct a study into Housing Preservation for the City of Buffalo; and Whereas: Other qualified persons seek appointment to donate their services to this Housing Oversight Committee. Now, Therefore Be It Resolved That: This Common Council appoints the following persons to serve on the Housing Oversight Committee: Robert Meldrum 461 Hewitt Ave., Buffalo, New York 14215 James Eads, Masten C.A.O. 735 Humboldt Pkwy, Buffalo, New York 14208 Gary Goodspeed 696 Seneca St., Buffalo, New York 14210 Randi Washington 68 Bennett Village Terr. Buffalo, New York 14214 Henry Lewis Taylor 37 Highgate Buffalo, New York 14214 Lou Petrucci 89 Red Jacket Pkwy., Buffalo, New York 14220 ADOPTED. No. 166 By: Mr. Fahey Establish a Mandated Funding Formula For The Board of Education Whereas: During the course of the budget process each year, the question of adequate funding levels for the Board of Education is debated at great lengths; and Whereas: The Council, Mayor and the Board of Education should reform the current tax dollar sharing between the City and the Board to move toward a less politicized and confrontational process of allocating local property tax dollars to the Board of Education; and Whereas: The Commission on Quality Education in Buffalo for the 1990's, made up of 30 members representing each member of the Common Council, the Board of Education, the Mayor, the School Superintendent, the City Comptroller, the Buffalo Teachers Federation, and three parent groups, adopted a recommendation to achieve the long term goal of total fiscal independence for the Board of Education; and Whereas: The Commission recommended that the City and the Board of Education adopt a course which will lead to a funding process that will be separate and completely apart from the general municipal budget and taxing powers of the City of Buffalo and be done in a two step procedure: 1.) Negotiate a five year property tax levy agreement which would dedicate a percentage of the total property tax revenue for educational purposes, 2.) Adopt language in the proposed contract which would, if fiscal independence were not attained for the Board of Education in the first five years of the agreement, convert Buffalo's formula to a division of the constitutional taxing limit between the Board and the City which would be reflective, but not necessarily identical, to the Rochester plan now in place; and Whereas: The City of Rochester takes the real estate property tax limitation of 2% (Sec. 10, Art. VIII New York state Constitution) and allocates it on a percentage formula for municipal purposes and a percentage for educational purposes. Now Therefore Be It Resolved That: This Honorable Body request the Corporation Council to file with the Council the process which will be necessary to begin the process of attaining the goals outlined in this resolution; and Be It Further Resolved That: The Mayor and the Board of Education also file a response with the Common Council stating their position on attaining the goals outlined in the resolution. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE CORPORATION COUNSEL AND THE BOARD OF EDUCATION. No. 167 By: Messrs. Franczyk , Amos, and Fahey Ordinance Amendment - Licensing Of Rental Housing Business Chapter 175 - Fees The Common Council of the City of Buffalo do hereby ordain that a new Chapter entitled, Licensing of Rental Housing Business be added to Chapter 175, to read as follows: Chapter 264, Licensing of Rental Housing Business 264.3. Rental Housing Business Fee Schedule A. License (3 Year Term) $75.00 per building B. Application Fee $10.00 C. Inspection Fee $30.00 Additional per building unit fees: 2-4 units $10.00 per unit 5-10 units $ 8.00 per unit 10 or more units $ 5.00 per unit D. Address Registration Fee $ 5.00 per Filing E. Transfer $25.00 each License APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE OF THE WHOLE. No. 168 By: Mr. Franczyk Ordinance Amendment New Chapter 264 - Licensing Of Rental Housing Business The Common Council of the City of Buffalo do hereby ordain that a new Chapter 264 be added to the Code of the City of Buffalo, with sections and section headings to read as follows: CHAPTER 264 LICENSING OF RENTAL HOUSING BUSINESS 264.1. Legislative Intent 264.2. Definitions 264.3. Rental Housing Business 264.4. Enforcement and Inspection Authority 264.5. Notice of Violation 264.6. Public Nuisance; Injunction 264.7. Responsibilities of Licensee 264.8. Administrative Forms and Procedures 264.9. Severability 264.1 Legislative Intent The intent of this ordinance is to protect the public health, safety and general welfare of the people of the City of Buffalo in occupied dwellings by recognizing that the offering for rental of dwelling units is a business and classifying and regulating all such rentals, except in owner-occupied two or less unit buildings as a rental housing business and further including as beneficial purposes: (A.) To protect the character and stability of residential areas; (B.) To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings; (C.) To enforce minimum standards for heating, and sanitary equipment necessary to health and safety; (D.) To enforce minimum standards for light and ventilation, necessary to health and safety; (E.) To prevent the overcrowding of dwellings by enforcing minimum space standards per occupant for each dwelling unit; (F.) To enforce minimum standards for the maintenance of existing residential buildings, and to thus prevent slums and blight; (G.) To preserve the value of land and buildings throughout the city. (H.) With respect to rental disputes, except as otherwise specifically provided by this ordinance, it is not the intention of the Common Council to intrude upon contractual relationships between tenant and landlord. The Common Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. (I.) The Common Council does not intend to classify owner-occupied two unit or less dwellings as businesses regulated by this ordinance nor to subject hotels, motels, bed and breakfast establishments, and boarding or rooming houses to the provisions of this ordinance. 264.2. Definitions. Dwelling unit: a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile or residence not to include hotels or motels, bed and breakfast establishments, boarding or rooming houses. Habitable room: a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Housing code: means all state and local laws for the establishment and maintenance of housing standards. Rental housing business: any person, firm, corporation, partnership, manager, agent or other entity or combination thereof offering [two or more] any dwelling units for rent, lease or sublease within the City of Buffalo to members of the general public, [not related to the property owner by blood, marriage or legal adoption] excepting only a person offering units for rent, lease or sublease in a two unit or less dwelling that serves as the legal residence of the offeror. However, owner-occupied three unit or more dwellings subject to the New York State codes regulating multiple dwellings will continue to be required to meet all current standards required for multiple dwellings as well as any further regulations imposed by this ordinance and as such are not exempted by reason of being the legal residence of the owner. Occupant: any person, including owner or operator living, sleeping, cooking and eating in a dwelling unit. Operator: the owner or his agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Owner: any person, partnership, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. Permissible occupancy: the maximum number of persons permitted by city ordinance to reside in a dwelling unit or rooming unit. Person: an individual, firm, partnership, association, corporation or joint venture or organization of any kind. Repair: to a sound and acceptable state of operation, serviceability or appearance. Rooming unit: any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Substandard dwelling: any dwelling which does not conform to the minimum standards established by- the city code. 264.3. Rental Housing Business. A. License Required. It shall be unlawful for any person, firm or corporation to conduct or operate or cause to be rented either as owner, lessee, agent or manager within the city, any rental units used for human habitation without having first obtained a license to do so as hereafter provided. B. Exemptions. This ordinance shall not apply to the Buffalo Municipal Housing Authority, hotel, motel, bed and breakfast establishments, rooming or boarding houses, hospitals, nursing homes or other rental units used for human habitation which offer or provide medical or nursing services, if such units are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants. C. No Exemption For Multiple Dwellings. Any rental units considered multiple dwellings and subject to the New York State Multiple Dwelling Law shall continue to be required to comply with said law and are also required to be licensed and inspected in accordance with the provisions of this law. D. Scope of License. One license shall be issued for each building and shall cover all dwelling units within that building. E. Application. Within one hundred twenty days after the -effective date of this ordinance, the owner of each rental dwelling unit existing on the effective date of this section shall make written application to the Commissioner of Inspections and Community Revitalization [hereinafter referred to as Commissioner] for a license to carry on the business of renting housing on a form to be supplied by the city, and containing such information as necessary to administer and enforce the provisions of, and to insure compliance with, the provisions of this ordinance, and the city housing code in its entirety. In addition, the legal owner of record of each rental unit, as hereinbefore stated, constructed after the effective date of this ordinance shall make written application to the building official for a license as herein provided prior to any initial occupancy. F. Legal Address of Owner. (i) The application shall include a registration of the street address and zip code of the principle residence and principle place of business or employment of the owner of record for the purposes of effecting service of process under the provisions of the Civil Practice Law and Rules of the State of New York. (ii) A Post Office Box will not be accepted as a legal address for the purposes of this ordinance. (iii) The premises intended to be licensed shall not be used as a legal address unless it is the principle residence or principle place or business or employment of the owner of record. (iv) If the owner of record is a partnership, joint tenancy, tenancy in common, or tenancy by the entirety then each and every owner or general partner shall be indicated on the application and register an address as specified in subparagraph (i). One address may be designated by the owner of record for the purposes of effecting service of process on each and every owner or general partner. (v) If the owner of record is a corporation, the legal address of the corporation must be registered and also the name, title and residence address of all officers for the purpose of service of process as specified in subparagraph (i). (vi) If the owner of record has designated an agent, then the name and legal address of such agent must be included in addition to that of the owner of record as specified in subparagraph (i). (vii) Failure to include the correct address of the owner of record and agent or other information known to be false shall be grounds to deny or revoke licensing. (viii) It shall be the responsibility of the owner of record to properly register any change of address for the purpose of service of process. In the event that owner of record fails to properly notify the city of a change of address, the last address provided shall be deemed the proper and legal address for service of process. (ix) The registration of the legal address as specified in this ordinance shall be on a verified form. G. Non Resident Designation of Agent. If a legal owner is not a resident of the County of Erie or any of the counties which share a border with the County of Erie, then the legal owner shall designate an agent for the purpose of effecting personal service of process. H. In Rem Jurisdiction. If a legal owner is not a resident of the State of New York or if personal service is impractical or impossible, the property to be licensed shall be considered a sufficient basis for establishing in rem jurisdiction. I. Social Security Number. The social security number of each and every owner or general partner shall be included upon the application. J. Provisional License. After the effective date of this ordinance, the commissioner may issue a provisional license for any dwelling unit affected by the provisions of this ordinance if final inspection cannot be completed within a reasonable length of time after application. K. Effect of Provisional License. A provisional license authorizes the operation of a rental housing business in each building issued such license until inspection and issuance or denial of license or as specified further in this ordinance. L. Initial Provisional Licenses Distinguished. Initial provisional licenses shall be issued solely for the purpose of identifying and scheduling all affected dwelling units for inspection and licensing. (ii) No dwelling units shall be issued provisional licenses after six years after the effective date of this ordinance except in cases involving newly constructed or renovated dwellings units or appeals after the denial of a license. (iii) Provisional licenses granted during the appeal process as specified in Chapter 264.8 shall be valid only for the duration of the appeal and as limited in Chapter 264.9(E). M. Issuance of License. (i) Upon completion of the inspection of the building or buildings, if the commissioner finds the requirements of the city housing code and zoning ordinance have been met, a license certifying such facts shall be issued. (ii) If the commissioner finds that the requirements of the housing code or zoning ordinance have not been met, a written notice specifying the defects shall be transmitted to the applicant, as specified in chapter 264-5. (iii) A period of not longer than thirty days hall be allowed to correct any defects as specified in part J. of this section. N. Effects of Denial, etc. of License. (i) When a license has been denied, expired, suspended, or revoked, no further rental and occupancy of dwelling units then vacant or which may become vacant shall be permitted until a license has been issued. (ii) Occupied units shall be vacated no later than 31 days if the requirements of this ordinance are not met. The units within a structure which are in compliance with the housing code requirements may continue to be occupied if units in other portions of the structure which do not comply, do not create hazard to the health and safety to the persons in the occupied units. O. Renewal of License. Unless sooner revoked or suspended as provided herein, each license shall expire on the thirtieth day of June three years after the granting of the license and may be renewed for [two] three-year periods thereafter. P. Transfer of License. (i) A license issued hereunder is transferrable, for a fee so specified in chapter 175, to any person who has acquired ownership of a licensed building for the unexpired portions of the [two] three-year term for which it was issued or reissued, provided that the application to transfer such license is filed with the building official for change of ownership and the licensed building and dwelling units are in compliance with the city housing code. (ii) A license shall terminate upon failure to apply for its transfer within thirty days of the date of sale or transfer of ownership of the building. Q. Suspension or Revocation. (i) Upon a finding by the commissioner that one or more of the requirements of the housing or zoning codes have been violated, the commissioner shall give written notice to the license holder of the violations of the housing code, as specified in chapter 264-5. (ii) Upon failure of the license holder to correct the violations stated in the notice of violation within thirty days, the license may be revoked or suspended in the manner provided herein. (iii) The suspended license may be reinstated upon meeting the requirements of the code. Issuance of a new license after revocation shall be subject to a payment of the full amount of the applicable inspection fee. R. Suspension Distinguished. The remedy of suspension may only be imposed by the commissioner if the licensee subject to the suspension has never had a license suspended, revoked or denied for the premises at issue. The purpose of limiting suspension is to encourage repairs and provide less appealing alternatives. S. Posting of license. (i) Licenses or a true copy issued under this section shall be prominently and publicly displayed on the premises of the structure, [or] and produced on the request of a tenant or prospective tenant, and shall be available at reasonable times for inspection by an authorized inspector of the city. (ii) This posting shall be in the public corridor, hallway or lobby of the building for which the license was issued. In buildings other than multiple dwellings, this posting shall be in the common entrance so as to be accessible to all dwelling units. If no common entrance exists, then posting shall be made for each dwelling unit at each entrance. T. Fees. (i) At the time of application for the license or for license renewal required by this section, the commissioner [of inspections and community revitalization] shall collect the appropriate license fee and inspection fee in accordance with the schedule in chapter 175. (ii) The inspection fees shall be tendered with application for first issuance of license and every three years thereafter on or before date of license renewal. (iii) The license fee shall be subject to a ten percent penalty per month, or any portion thereof, beyond the date due and payable. No refund of license and inspection fees shall be made to those discontinuing operation or who sell, transfer, give away, or otherwise dispose of a licensed building to another person. (iv) If an application is denied, the license fee, but not the inspection fees, will be returned to The applicant. (v) The commissioner shall review the fee schedule annually and recommend changes as he deems appropriate to the common council. U. Penalty. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than twenty-five dollars ($25.00) nor more than fifteen hundred dollars ($1,500) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 264-4. Enforcement and inspection authority. A. The commissioner of inspections and community revitalization or a successor agency so designated shall enforce the provisions of this ordinance and is thereby authorized to make inspections on a scheduled basis or when reason exists to believe that violation of this ordinance has been or is being committed; B. Inspection access: If any owner, occupant or other person in charge of a dwelling or dwelling units fails or refuses to permit free access and entry to the structure or premises under his control for any inspection pursuant to this ordinance the official may seek a search warrant or other appropriate court order authorizing such inspections. 264-5. Notice of violation. A. Whenever the commissioner [of inspections and community revitalization] determines that any dwelling, dwelling unit or rooming unit, or the premises surrounding any of these fails to meet the requirements set forth in this code, he shall issue a notice setting forth the alleged failure and advising the owner, occupant, operator, or agent that such failure must be corrected. This notice shall: 1. Be in writing; 2. Set forth the alleged violations of the code; 3. Describe the dwelling, dwelling unit, or rooming unit or other premises where the violations are alleged to exist or to have been committed; 4. Provide a reasonable time, not to exceed sixty (60) days, for the correction of any alleged violations; and 5. Be served on the owner, occupant, operator or agent of the dwelling, dwelling unit, or rooming unit personally, or by certified mail, addressed to the last known place of residence of 'the owner, occupant, operator or agent. If upon a diligent effort to locate the owner, occupant, operator or agent, none can be found, notice may be posted on or near the dwelling, dwelling unit, rooming unit, or premises described in the notice. B. Suspension: Whenever an owner, operator, agent of a dwelling, dwelling unit or rooming unit, neglects or refuses to make repairs or take other corrective action called for by order or notice of violation issued by a compliance official, the Commissioner may suspend the license of the owner, when in his/her judgment the failure to do so will substantially endanger the public health, safety, or welfare. Notice of suspension shall be served personally or by certified mail upon owner and shall be posted upon building. 264.6. Public Nuisance; Injunction. Any violation of this ordinance is hereby declared to be a public nuisance. In addition to any other relief provided by this ordinance, the corporation counsel may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this ordinance. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction. 264.7. Additional Responsibility of Licensee. A. It shall be the responsibility of the licensee to conspicuously post the license or a true copy in a protected mounting such as a frame with a transparent covering or the like in a manner specified in Chapter 264.3(O)(ii). B. It shall be the responsibility of each licensee to permit the Commissioner or a representative to enter freely, with reasonable notice if practical, upon the premises to be licensed for the purposes of inspection at any time deemed necessary by the Commissioner subject to Chapter 264-4(B). C. It shall be the responsibility of each licensee to conform to all other applicable state, county and city codes on matters not specifically addressed in this ordinance. 264.8. Administrative Forms and Procedures. The commissioner is authorized to devise and institute such administrative forms and procedures as necessary to provide for the enforcement of this ordinance. 264.9. Review of ordinance. At the end of two years following the effective date of this ordinance, the commissioner shall make a comprehensive report to the common council on the results of this program. During the two-year period, the council shall be furnished with interim reports on activities under the ordinance. 264.10. Severability. If a term, part or provision, section, subdivision or paragraph of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remaining terms parts, provision, sections, subdivisions and paragraphs. 264.11. Remedies in this article not exclusive. The remedies provided in this article are not exclusive. They in addition to, and do not supersede or preempt other remedies or provisions of the city or state codes as may apply. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE OF THE WHOLE. No. 169 By: Mr. Franczyk Establish Common Council Task Force To Examine Consequences Of Church Closings Upon Fillmore District Neighborhoods Whereas: The Roman Catholic Diocese of Buffalo has announced that it will close four Polish-American parishes located in the Fillmore District: Queen of the Most Holy Rosary, St. Joachim's, St. Luke's and Transfiguration; and, Whereas: Recently, the Bishop also closed a number of African-American parishes; and, Whereas: This spate of closures will leave scores of abandoned parish buildings across the East Side; and, Whereas: The specter of vandalized and stripped churches and potential loss of artifacts and other items of significance to the Polish East Side greatly concern the residents of the affected neighborhoods; and, Whereas: The less quantifiable, but the equally significant social effects of the loss of the neighborhood parish, which has been the central institution in the life of many of the residents, is also causing much grief and loss of hope; and, Whereas: Many of the parishioners of these parishes are descendants of the founders of these parishes, these monumental structures were built with the sweat and blood of their parents and grandparents, causing yet further distress; and, Whereas: There were three proposals before the Bishop to restructure the parishes on the Polish East Side, two of which would have kept the affected parishes open at diminished levels of service; and, Whereas: The Bishop instead chose the most devastating option, which is to close the parishes; and, Whereas: At the press conference called to announce the closings, Sister Regina Murphy, Diocesan Director of Research and Planning, noted, "We don't want people to think they are there with no end in sight"; and, Whereas: Father Boniface Ferens, the Pastor of Queen of the Most Holy Rosary parish on Sycamore and Sobieski Streets, told the Am-Pol Eagle newspaper that the neighborhood had become "almost unlivable"; and, Whereas: Statements such as these appear to indicate that the Diocese is no longer interested in serving the inner city; and, Whereas: These statements also call to question the will of the Diocese, through its parishes, to continue its historic role as an advocate for the poor and disaffected residents of the neighborhoods of the East Side; and, Whereas: Thus far, the Diocese has only concerned itself with the rather vague goals of attending to the "needs of the Church" and the "spiritual life of the parishes," while ignoring the impact this action will have on the temporal lives of the people and the community; and, Whereas: While these particular parishes may indeed have been candidates for eventual closure, the manner in which the process was conducted should have taken the needs of the community as whole into account; and, Whereas: The parishes to be closed, as well as the others not yet closed, constitute more that just attendance figures and buildings: they are people struggling on meager pensions and low wages, adversely affected by high crime rates and slum properties and feeling abandoned by society; and, Whereas: The Bishop must look beyond the managing the business of the diocese and reconsider his church's de facto abandonment of the East Side; and, Whereas: The community deserves more than abandoned buildings and threats to close more churches; the Diocese must realize that it has a responsibility to help the neighborhoods it is leaving fight back, rather than merely join the suburban flight. Now Therefore Be It Resolved: That this Common Council hereby creates a task force to examine the immediate and long-term effects of the parish closings on the East Side including, but not limited to the following topics: A) The securing and disposition of real property held by the closed parishes, B) The possible stripping and sale of building fixtures, stained glass and other artifacts to antique dealers and salvagers, C) The disposition of records and historical items specifically related to the ethnic heritage of the parishes and not religious in nature, D) The role of the Diocese in assisting the city, neighborhood residents and non-profit organizations fight the blight that seriously affected the community served by the closed and not yet closed parishes; and, Be It Further Resolved: That this task force shall be composed of neighborhood residents, representatives of neighborhood nonprofit corporations and other interested parties and not exceed twelve members, who shall be named as soon as possible. ADOPTED. No. 170 By: Mr. Higgins Payment Of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Alan O. Adema Claim for loss of garbage can. $ 10.00 2. Joseph Aiello Claim for loss of garbage can. $ 10.00 3. City of Buffalo Claim for four prior fiscal year invoices for excess Xerox usage for the Dept. of Human Resources. $ 44.40 4. Dr. Timothy F. Gabryel Claim for prior fiscal year invoice for services rendered to Firefighter Edward O'Donnell. $ 41.21 5. Mary Alice Kinnie Claim for loss of garbage can. $ 9.75 6. Barbara Lommer Claim for loss of garbage can. $10.00 7. Rosemarie McKenna Claim for auto allowance payment to the executive director of the Mayor's Advocacy Office for Person's With Disabilities. Approval was not authorized due to the transition when the Advocacy Office became part of Labor Relations. $ 81.00 8. Norbert J. Szklarz Claim for loss of garbage can. $ 8.50 9. University Medical Practice Services Claim for prior fiscal year invoice for services rendered to P.O. Pamela Bennett. $ 55.00 10. Patty Whyte Claim for loss of garbage cans. $ 12.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 171 By: Mr. Higgins Payment For Overtaxation Of 700 Abbott Road In The Amount of $624.14 Whereas: 700 Abbott Road, a residential property located in The city of Buffalo was mistakenly recorded as a non-homestead property for fiscal year 1991-92 and, Whereas: The error resulted in overpayment by the owner of 700 Abbott Road for the difference between the non-homestead and homestead rate totalling $624.14 and, Whereas: The error has since been corrected and the above referenced facts have been verified by the City Assessment Department Now Therefore Be It Resolved That; This Common Council approves payment in the amount of $624.14 for overtaxation in fiscal year 1991-92 Be It Further Resolved; That payment in the amount of $624.14 be made to the owner of 700 Abbott Road from the fiscal year 1992-93 judgement and claims account. PASSED. AYES- 13 NOES- 0. No. 172 By: Mrs. LoTempio Memorialize the State of New York to Allow the City of Buffalo to Retain 80% of Revenue Collected from Games of Chance and Bell Jar Fees Whereas: The City of Buffalo licenses each qualified organization to play up to 12 Games of Chance events per year in addition to issuing Bell Jar licenses; and Whereas: The City of Buffalo presently retains 40% of the total revenue generated through Games of Chance and Bell Jar fee collections and remits the remaining 60% of revenue to the Comptroller of New York State; and Whereas: The City maintains and is responsible for audit and record keeping duties for the above stated games; and Whereas: The City has assumed total responsibility of enforcing procedural guidelines set for the orderly and lawful operation of these games; and Whereas: The City of Buffalo which now accounts for licensing, monitoring and the auditing duties for the above games requests the rights to 80% of revenues generated from fee collections for the above stated games in compensation for duties performed. Now, Therefore Be It Resolved That: This Common Council memorializes the State of New York Legislature to authorize the City of Buffalo to retain 80% of the total revenues generated through collections of fees for Games of Chance events and Bell Jar licenses in compensation for duties performed. Be It Further Resolved That: The City Clerk be directed to forward certified copies of this resolution to the Clerk of the Assembly, The Secretary of Senate and Members of the Western New York delegation to the State Legislature. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 173 By: Mrs. LoTempio Memorialize the State of New York to Allow the City of Buffalo to Retain 90% of the total Revenue Collected from Bingo Game Fees Whereas: The City of Buffalo licenses each qualified organization to play up to 72 bingo games per year and Whereas: The City of Buffalo presently retains 40% of the total revenue generated through Bingo Game fee collections and remits the remaining 60% of revenue to the Comptroller of New York State; and Whereas: The City maintains and is responsible for all audit and record keeping duties for the above stated games; and Whereas: The City has assumed total responsibility of inspecting and enforcing procedural guidelines set for the orderly and lawful operation of these games; and Whereas: The City of Buffalo which now accounts for licensing, monitoring and the auditing duties for the Bingo games requests the right to retain 90% of total amount of revenues generated from fee collections from the above stated games to compensate the city for duties performed. Now, Therefore Be It Resolved That: This Common Council memorializes the State of New York Legislature to authorize the City of Buffalo to retain 90% of the total revenues generated through collections of fees for Bingo Games to compensate for duties performed. Be It Further Resolved That: The City Clerk be directed to forward certified copies of this resolution to the Clerk of the Assembly, The Secretary of Senate and Members of the Western New York delegation to the State Legislature. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 174 By: Mr. Perla The Creation Of An Ordinance Amendment To Establish A Fee For Delinquent Property Owners In Correcting Housing Code Violations. Whereas: Throughout the City of Buffalo in 1992 there were over 68,000 housing inspections, approximately 35% of this total were third and fourth call backs; and Whereas: The Division of Housing and Property Inspections has been faced with the task of making these third and fourth call backs, causing an overwhelming amount of additional work for both inspectors and the clerical staff; and Whereas: The increase in the number of third and fourth inspections is a sign that property owners do not comply with the initial inspection; and Whereas: When an initial inspection of a property is conducted and violations are cited, ample time is permitted to correct these violations; and Whereas: Upon re-inspection, if the violations have not been rectified, the inspector is forced to make one or more subsequent inspections; and Whereas: These additional inspections consume a great deal of time and money, and the expense is levied upon the taxpayers of the City of Buffalo, with no expense to the abusive property owner; and Now, Therefore, Be It Resolved: That the Common Council request the Corporation Counsel to draft an ordinance amendment establishing a fee of $75 to be charged to the property owner, for the third and each subsequent call back with regard to the initial inspection; and Be It Further Resolved: That in addition to this fee, the Corporation Counsel create a $25 extension fee which would allow a property owner to extend the period of time to correct the initial violations. This fee would be required to be paid at least two weeks before the first re-inspection is conducted. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 175 By: Mr. Pitts Use Perrysburg Site for Work Release Program Whereas: The proposal of the New York State Department of Correctional Services to locate a work release facility at the Mohawk Manor has generated a great deal of discussion and controversy; and Whereas: The general sentiment of the community in the area near Mohawk Manor is one of opposition to the proposal; and Whereas: It is in the best interest of all parties to explore alternative sites for the work release program; and Whereas: One such alternative site is the facility in Perrysburg, which is no longer utilized by New York State as the J.N. Adam Developmental Center; and Whereas: Abandonment by the State opens up the options of the reversionary rights for the city of Buffalo; and Whereas: Use of this site would enable the State's Work Release program to expand, meet a community need, insure the utilization of a sound facility, and potentially produce much needed revenue for the city of Buffalo; Now, Therefore, Be It Resolved: That this Common Council propose that the City of Buffalo and the New York State Department of Corrections explore the feasibility of locating a Work Release Program Site at the city owned facility in Perrysburg; and Be It Further Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to the New York State Department of Corrections for a response. ADOPTED. No. 176 By: Mr. Pitts Salary Ordinance Amendment 50 - Department Of Human Resources 50-4 Division Of Substance Abuse Services 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 50-4 Division of Substance Abuse Services under the subheading "012 - BMHA/HUD Substance Abuse Program" which reads: 1 Senior Substance Abuse Specialist $24,241 - $28,177 2 Counselor III 21,345 - 24,252 is hereby amended to read: 2 Senior Substance Abuse Specialist $24,241 - $28,177 3 Counselor III 21,345 - 24,252 WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F. KEENAN, Director of the Budget, hereby certify that the creation of one (1) Senior Substance Abuse Specialist and one (1) Counselor III position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That personnel requisitions incident to the creation of the above-mentioned positions, containing a statement of the duties of such positions, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position titles set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed positions. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 177 By: Mr. Pitts Sidewalk Cafe - Hooligans 268 Main Street Whereas: Hooligans Restaurant at 268 Main Street has a desire to place a sidewalk cafe in front of the business. This patio will allow for the greater accommodation of warm weather patrons; and Whereas: The patio to be constructed will be portable. It will be usable from May to October; and Whereas: The following conditions will be met by Hooligans in constructing the patio: (1) The deck shall be of wood. (2) Tables and chairs to be of white plastic with umbrellas. (3) The deck area shall conform with appropriate city ordinances and conditions to allow for adequate pedestrian use of the sidewalk; Now, Therefore Be It Resolved: That the Common Council approves the request for a permit to place a sidewalk cafe at Hooligans Restaurant located at 268 Main Street; and Be It Further Resolved: That this approval is subject to conditions and recommendations of the Commissioner of Public Works. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF PUBLIC WORKS AND THE CITY CLERK. No. 178 By: Messrs. Pitts and Arthur Hispanic Pastors of Western New York 3rd Anniversary Whereas: On June 19, 1993 the Association of Hispanic Pastors of Western New York will celebrate its Third Anniversary. A dinner will be held at the Christian Center of Buffalo, and Whereas: The Hispanic Pastors Association is a representative body of ministers active in community and pastoral programs, and Whereas: The churches represented by the Association bridge the numerous gaps which exists with the moral and ethical problems many in the community face, and Whereas: By preaching the word of God and providing spiritual enlightenment, the Association helps our neighborhoods to become places of peace, love and hope through the word of our Lord and Savior Jesus Christ. Now Therefore Be It Resolved That: The Common Council congratulates the Association of Hispanic Pastors of Western New York on their Third Anniversary. Further Be It Resolved That: The Common Council hereby proclaims June 19, 1993 the Association of Hispanic Pastors of Western New York Day in the City of Buffalo. ADOPTED. No. 179 By: Mr. Zuchlewski Request Information On The Concept of a Local Income Tax to Raise Additional Money For The Board of Education Whereas: The City of Buffalo fiscal crisis has had an adverse impact on the funding allocations to the Buffalo Board of Education; and Whereas: Over the past three years, the percentage of Buffalo property taxes committed to education has decreased from 48% in 1990-91 to 38% in 1992-93, thus reducing the amount of local tax dollars allocated to the Board; and Whereas: In these difficult times, the Council has made the tough decisions to correct the city's financial crisis but during the process have been unable to increase funding to the Board of Education; and Whereas: The Mayor now proposes a 3% property tax increase that would raise an additional $4.1 million dollars for the Board of Education for budget year 1993-94; and Whereas: A permanent funding formula for the Buffalo Board of Education and Fiscal Independence for the Board have been discussed at great lengths over the past few years with nothing being resolved; and Whereas: Governor Cuomo recently proposed that the 700 school districts in the state, or the state's counties, be able to impose local income taxes to help pay education expenses, and Whereas: The local income taxes would be subject to school district or county referendums and could be imposed only if local property taxes were frozen or reduced as part of the plan; and Whereas: Under the plan, voters in counties or school districts would have the final say on a surcharge of up to 25 percent, in 5 percent increments, on state ink tax payments by their residents. Now, Therefore Be It Resolved That: This Honorable Body requests the City Clerk to certify passage of this resolution and to forward copies thereof to Governor Mario Cuomo, the New York State Department of Education, and the Buffalo Board of Education so that they may respond with information on the proposal, the mechanics for implementation, and their position on this idea; and Be It Further Resolved That: The responses be filed with the Common Council, 1308 City Hall, by 2:00 P.M. Thursday, May 20, 1993. ADOPTED. No. 180 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 Builders Club at No. Park Middle Academy By Councilmember Coppola Felicitation for Stars Awards Ceremony By Councilmember Pitts ADOPTED. No. 181 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: Michael Appelbaum Dorothy, L. Brown Ileana I. Chu Pasmela M. Rich Carmen H. Rivera Thomas M. Wilcox John W. Greenan Marjory H. Jaeger Paul S. Pfeiffer Mary Lou Rath Mark D. Higgins Patricia H. Glose John F. Glose Michael R. Story Annette A. Juncewicz Laura J. McCluskey Kevin E. Matthews Robert J. Meldrum Michael I. Niman Gary F. Nelson Total 20 ADOPTED. No. 182 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: Cynthia L. Delmar Joyce M. Morris Adele M. Sommer Sherry L. Swanick Carolyn A. Lenczyk Mabel M. Buchina Total 6 ADOPTED. UNFINISHED BUSINESS No. 183 Bond Res $19,544,085 - City Pension (Item No. 174, C.C.P. April 27, 1993) Mr. Fahey moved that the above item be taken from the table. Seconded by Mr. Zuchlewski. CARRIED. Mr. Fahey now moved that the above item be approved. Seconded by Mr. Zuchlewski. PASSED AYES- 13 NOES- 0. No. 184 Bond Red $22,678,649 - School Bd. Pension (Item No. 175, C.C.P. April 27, 1993) Mr. Fahey moved that the above item be taken from the table. Seconded by Mr. Zuchlewski. CARRIED. Mr. Fahey now moved that the above item be approved. Seconded by Mr. Zuchlewski. PASSED. AYES- 13 NOES- 0. No. 185 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 CLAIMS Tuesday, May 18, 1993 9:00 AM Civil Service Tuesday, MAY 18, 1993 9:30 AM Finance Tuesday, MAY 18, 1993 Immediately Following Civil Service Legislation Tuesday, MAY 18, 1993 2:00 PM Economic Dev. Wednesday, MAY 19, 1993, 10:00 PM No. 186 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Bakos the Council adjourned at 2:50 P.M. Charles L. Michaux, III City Clerk Meeting Reported by Leonard G. Sciolino, Council and Committee Reporter.