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HomeMy WebLinkAbout93-0608 No. 12 Common Council Proceedings of the City of Buffalo Regular Meeting, June 8, 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, June 8, 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. Franczyk, the minutes of the stated meeting held on May 25, 1993 were approved. FROM THE MAYOR No. 1 Mayor's 1993-1994 City Budget Veto Message Item No. 9, C.C.P. 5/21/93 I have received and reviewed the amendments made by Your Honorable Body to my 1993-94 recommended budget and have decided to veto $5.1 million of additions to the general fund budget and $6.5 million of capital improvement projects. I. CITY AND BOARD OF EDUCATION OPERATION AND MAINTENANCE BUDGET SUMMARY OF OPERATIONS AND MAINTENANCE VETOES In summary I am vetoing a total of $5,060,041 in the Operation and Maintenance budget which if sustained would reduce the 5% tax levy increase recommended by Your Honorable Body to a 1.2% increase. The Operation and Maintenance vetoes are: DEPT/DIV/FUNCTION ACCOUNT AMOUNT 97-0 Board of Education O & M Appropriation $3,500,000 01-0 Common Council 001 - Legislative 112 Temporary Services 30,000 04-1 Division of Audit 001 - Audit Services 110 Salaries - Regular 189,663 04-4 Division of Collections 001 - Collections 583 Unclassified 19,806 20-4 Bureau of Administrative Services 001 - Administrative 110 Salaries - Regular 38,231 1 Surgeon Part-time @ 38,231 21-0 Department of Fire 011 - Firefighting Services 110 Salaries - Regular 839,678 48 Firefighter 1/2 yr. @ 25,060 9 Fire Lieut. 1/2 yr. @ 39,228 3 Fire Capt. 1/2 yr. @ 41,141 114 Overtime Pay 300,000 119 Salary Adjustment 37,249 120 Court Time 471 121 Acting Time 5,192 124 Meal Time 60,138 50-0 Department of Human Resources 001 - Executive - Administrative 110 - Salaries - Regular 39,613 1 Director of Support Services 39,613 TOTAL $5,060,041 RATIONALE In order to fund your own priorities you have made about $3.35 million in cuts and raised the property taxes by $2.6 million above the levy I recommended for a total change of nearly $6 million. The City charter allows me to veto only the additions made by the Common Council. There is nothing I can do at this time to restore the reductions or deletions you have made. As I have said for many years this is unfortunate because these cuts cause budget problems throughout the year. SUMMARY OF BUDGET CUTS (in $ millions) $1.103 Additional 1% attrition requirement in all departments .394 In various supply accounts (.150 Inventory and Stores, auto parts and gasoline) (.075 building repairs) (.040 salt in streets) (.035 Police and Fire) (.035 Engineering) (.065 various departments) $1.071 Outside services accounts (.155 Council consultants) (.180 Law Department legal fees and title searches) (.191 Public Works street and building repairs) (.264 Streets leasing of vehicles) (.100 Police and Fire medical services) (.180 Miscellaneous including .035 Labor Relations legal fees, .035 postage, .030 police car repairs, .020 Streets vehicle repairs and .060 miscellaneous repairs) $ .325 Miscellaneous general charges (.250 BMHA deficit, .050 claims and .025 motor vehicle self insurance) $ .149 Capital Outlay ($.075 Street Sweepers, .050 in Public Works, .024 Misc.) $ .113 Medical insurance for active employees ($12.3 million account) $ .200 Medical insurance for retired employees ($8.7 million account) $3.355 TOTAL ATTRITION As a result of your decision to cut $1.1 million from the salary accounts of all departments it will be necessary to keep about thirty five positions vacant for the entire year to keep spending within budget appropriations. This equals eleven jobs in the Police department and nine in the Fire department. OTHER DEPARTMENTAL CUTS The other $1.465 million cut from departmental budgets includes many areas where the funds that have been cut may need to be restored before the year ends. Your Honorable Body failed to justify its cuts. This may require the administration to keep even more jobs vacant to fund the shortfalls that will occur in these other accounts. The Law department has been especially hindered by your cuts in legal fees for outside counsel. In fact, the Corporation Counsel has notified many law firms, representing the City in important cases, that funds will not be available to retain them next year. GENERAL CHARGES The $250,000 reduction in the account used by the city to subsidize the Buffalo Municipal Housing Authority's (BMHA) deficit is another example where you have cut a budget appropriation without reducing the city's obligation to spend. I believe this is another budget shortfall the city somehow will have to cover by the end of the 1993-94 fiscal year. SUMMARY OF BUDGET ADDITIONS (in $ millions) $3.500 Additional Board of Education funding 1.350 Restore 3 Fire companies .348 Restore jobs in Audit & Control (net of adds & cuts) .229 Grant-In-Aid additions .203 Seven new Building Inspectors .097 Community center utilities (In Council budget) .050 Elm leaf beetle spray in Parks .040 Director of Support Services .038 Police Surgeon .034 Capital outlay .030 Council summer youth .020 Collection office consultant contract .016 Various departmental accounts $5.955 TOTAL BOARD OF EDUCATION You have increased the appropriation to the Board of Education by $3.5 million over my recommended level by transferring $900,000 you cut from other city department budgets and $2.6 million raised from increasing the tax levy by an additional 2% over my recommended budget. This addition would bring the Board's operating budget to $325,268,542. My budget included a 3% tax levy increase that generated an additional $4.1 million dedicated entirely to the Board of Education. This combined with projected state aid and sales tax revenue increases would have given the Board a $9.9 million or 3.2% increase over its 1992-93 budget. In comparison the city general fund budget increased by only $1.3 million or .6% under my recommended budget. By taking money from the other city departments and further increasing the tax levy you have adopted a budget that provides an increase of $13.4 million ($7.6 from local property tax) or 4.3% to the Board of Education but only a $.4 million or .2% increase to the city general fund. This continues the trend that has developed during my sixteen years as mayor. The budget you have adopted will provide the Board with a 218% increase since 1978, over 2.5 times the 82% growth in the city general fund budget. Given these numbers, it is remarkable to me that you saw fit to make unreasonable cuts to the city budget to fund further increases to the Board of Education with little or no line item review of the Board's budget. COMPARISON OF BUDGET GROWTH CITY vs BOARD OF EDUCATION (in $ millions) 1993-94 Change from Change from 1977-78 1992-93 Council 1992-93 1977-78 B udget Budget Budget $ % $ % Board $102.4 $311.9 $325.3 +13.4 +4.3% +222.9 +218% City $128.7 $233.3* $233.7 + .4 + .2% +105 + 82% * Net of the $17.6 million deficit note repayment I carefully considered whether or not to include a tax levy increase for the Board of Education in my recommended budget. I concluded that a 3% increase was a reasonable amount to balance the needs of the Board with the burden that would be placed on City property taxpayers. I believe the Council has upset this balance and increased the property tax levy too much. Because this is my last budget, it would be "the political thing to do" to simply let your property tax increase for the Board stand without a veto. But I cannot condone a further property tax increase on City homeowners and businesses. Businesses especially have been hit hard by State taxes and the increased property tax burden arising from the City's use of the homestead/non-homestead dual tax rates. Therefore, 1 am vetoing the additional $3.5 million you have appropriated to the Board of Education. RESTORE 3 FIRE COMPANIES I believe Your Honorable Body is missing the opportunity to make some of the structural changes that will be needed to balance not only the 1993-94 budget but future years' budgets as well by refusing to reduce the number of fire companies in this city. There is ample data available to show that the Buffalo Fire Department has more fire fighters per square mile and per population than most of its peer cities. I agreed to defer the closing of three companies to January 1, 1994, pending suggestions from a fire department study being undertaken by the Council. There is no doubt in my mind that an objective study will recommend closing at least three companies but I wanted to see which companies the study would recommend to be closed. The Council has dragged its feet on starting this study to provide an excuse for not making the difficult but inevitable decisions that need to be made. I am vetoing the $1,242,728 of salary costs added by Your Honorable Body to restore three fire companies for the second half of the 1993-94 fiscal year and requesting that you approve a resolution authorizing the Fire Commissioner to close three companies by January 1, 1994. RESTORE JOBS IN AUDIT AND CONTROL I am also vetoing the $189,663 you have added to restore 6 audit inspector jobs in the Department of Audit and Control. The deletion of these jobs was based on one of the clearest recommendations included in the Buffalo Financial Plan Commission's report on ways to improve efficiency in city government. I followed the Commission's recommendation exactly in this area. I have decided not to veto your net addition of five jobs for the payroll audit and accounts payable sections, but I feel these areas should be reviewed for potential savings in the near future. It is ironic that the City Comptroller, who has been preaching the need to make structural changes so that recurring expenses will be balanced with recurring revenues, recommended substituting one-shot solutions to save jobs in his department, described by the BFPC as "redundant". It is this "not in my back yard" attitude that will make long term changes in city government very difficult to attain. I am also vetoing the $19,806 that was added for a consultant contract in the Division of Collections in the Department of Audit and Control. This part-time consultant has been working for the city for over two years and should have completed his work by now. I agreed to the creation of the Collections division and the hiring of a full time director to replace the need for a part-time consultant. COUNCIL SUMMER YOUTH INCREASE I am vetoing the $30,000 the Council has added to its temporary services line (bringing the total to $210,000) to be used for the council's summer youth program. I have reduced my own summer youth program to $100,000 for the last two years. I don't believe the city can afford the amount of patronage jobs being recommended. The BFPC recommended the Council reduce its budget by over $600,000. Instead, you cut a consultant line by $155,000 but then made offsetting additions such as this to your summer youth program, resulting in a net decrease in the legislative budget of only $32,483 far short of the BFPC recommended cuts. DIRECTOR OF SUPPORT SERVICES I am vetoing the $39,613 for the restoration of the title of Director of Support Services in the Department of Human Resources. I don't believe the city should be paying someone this salary who cannot effectively perform his job duties. It is clear from a letter received from County Commissioner of Social Services Karen Schimke that the incumbent, Mr. James Pavel, is not to have any role whatsoever in the HIRE program and, if he does, work crews will not be assigned to the City. I believe it is a waste of City money to continue to employ this individual in his current capacity. POLICE SURGEON I am vetoing the $38,231 for the restoration of the Police Surgeon. I recommended deleting both the Police and Fire surgeon positions based on an anticipated change in policy regarding the need for officers to see a departmental doctor before returning from sick leave and an increased use of medical clinics instead of a departmental surgeon for injured-on-duty situations. I believe the city can get more comprehensive service from a medical clinic than an individual surgeon who may not be available on weekends (preventing healthy officers from returning to work when they are ready). II. CAPITAL IMPROVEMENTS BUDGET In addition to the changes you have made to the general fund budget you have added $7.7 million to the Capital Improvements budget, well in excess of the amount of debt the city will retire in the 1993-94 fiscal year. I am vetoing all but two of the projects you have added, because I believe they have not been given the careful planning and scrutiny of the Citizens Advisory Committee on Capital Improvements that should precede the addition of such projects to the City's capital budget. I am not vetoing the $560,00 for the Shea's Marquee reconstruction or the $600,000 for the purchase of six dual purpose packers (you eliminated the $264,000 I had recommended in the O & M budget to lease 13 of these vehicles). The additions you have made clearly demonstrate a pork-barrel approach to capital budgeting that must be avoided. I must note that you did not add one penny to the debt service budget to pay for any of these projects. Certainly the city comptroller should have been strenuously objecting to the addition of these projects as they cause a deviation from the city's position of maintaining a level debt load and including only well planned projects in the capital budget. The Capital Improvements Budget vetoes are: 10-1 Division of Purchase Amount Purchase Street Sweepers $ 332,000 40-1 Division of Engineering Curbs, Streets, & Sidewalks 780,000 North District $350,000 Masten $ 50,000 Niagara $ 50,000 Fillmore $ 80,000 South $250,000 Construction of Community Center 400,000 (889 Kensington Avenue) 40-2 Division of Buildings Animal Shelter 350,000 Fire station Consolidation 2,000,000 Rehab Masten Community Centers Carnevale 60,000 Delavan - Moselle 75,000 Rehab Ellicott Centers Pratt-Willert 100,000 JFK 25,000 King - Urban Life 25,000 Rehab South District Public Buildings 50,000 Preservation - Rehab Former School #9 300,000 71-7 Division of Development Kingsley Park Environmental Remediation 25,000 Monument Restoration/Arena Art Crossroads Artwork 50,000 On-Going City Art Restoration 70,000 Construction of Jefferson-Best Fieldhouse 350,000 Improvements Mass. St. Pool/Facility Area 300,000 Renovate 1170 Broadway 100,000 Improvements to Lang-Weber Field 150,000 Improvements to Masten & Fillmore Parks/Playgrounds Masten 71,000 Fillmore (Dawson Shelter & Other Parks) 80,000 Improvements to Ellicott Parks & Playgrounds LaSalle 25,000 Willert 25,000 Johnson 25,000 RAPP Lots 99 Metcalfe 40,000 Renovate Wading Pool at MLK Park 240,000 TOTAL CITY $6,548,000 Board of Education Interior/Exterior Improvements Delaware District 300,000 Various 200,000 TOTAL BOARD $500,000 TOTAL CITY AND BOARD $6,548,000 CONCLUSION Although I disagree with many of the changes made by your Honorable Body to my recommended budget, I realize that most of what I recommended was not changed. There are significant improvements, such as those included in the Police department, that will help close budget gaps the Buffalo Financial Plan Commission has projected for future years. There is much to be done but this budget provides the beginning for implementing a five year financial and management plan that will improve Buffalo's fiscal condition for many years to come. Mr. Fahey moved to separate that portion of the Mayor's Vetoes relating to the increase in the appropriation for the Board of Education in the amount of $3,500,000.00. Seconded by Mr. Higgins. Mr. Fahey now moved to override the Mayor's Veto of Item No. 9, C.C.P., May 21, 1993, concerning an increase in the budget for the Board of Education in the amount of $3,500,000.00. Seconded by Mr. Zuchlewski. REPASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FRANCZYK, HIGGINS- 2. Mr. Fahey now moved to override the remaining items covered by the Mayor's Veto of Item No. 9, C.C.P. May 21, 1993. Seconded by Mr. Pitts. REPASSED. AYES- AMOS, ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- BELL, COLLINS, COPPOLA- 3. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 Holy Name Church - Request to Use 228 Brinkman St. as a Halfway House Item No. 92, C.C.P., May 25, 1993 The City Planning Board at its regular meeting held Tuesday, June 1, 1993 considered the above request pursuant to Section 511-94 of the Buffalo Code, Review of Halfway Houses. The applicant, Fillmore-Leroy Area Residents, Inc. (FLARE seeks to reuse the vacant Holy Name of Jesus Convent as a halfway house for young women between the ages of 16 to 20 who are homeless and the victims of abuse. Between eight to ten residents are anticipated for the halfway house at any given time. Halfway houses are allowed in any R or C district provided that they are approved by your Honorable Body. The site in question is located in an R zone. Under SEQR the proposed halfway house is considered an unlisted action which may be studied through uncoordinated review. There are no similar halfway houses in the vicinity of the site under review. Indeed it is the only one of its kind; i.e., with clients of that age group in the city. Moreover, two public meetings were held (April 22 and May 4, 1993) by the Sumner Place Block Club to discuss the proposed halfway house. At those meetings, the proposed halfway house was approved on its merits as well as being a way to use the vacant convent building and thereby remove an "attractive nuisance" for neighborhood youths. Given this, the Planning Board voted to approve the proposed halfway house. RECEIVED AND FILED. No. 3 Dept. of Public Works - Request to Encroach the Right-of-Way at 1461 Main St. With a Facade Item No. 48, C.C.P., May 25, 1993 The City Planning Board at its regular meeting held Tuesday, June 1, 1993, considered the above request pursuant to Section 413-67, Review of Right-of-Way Encroachments. The Geneva B. Scruggs Health Care Center seeks to install a new facade which will encroach 6 1/2 inches into the right-of-way of Main Street. It should be noted that the existing building facade already encroaches the right-of-way by 3 inches and that the new facade would encroach an additional 3 1/2 inches, thus creating the 6 1/2 inch encroachment. Under SEQR the proposed encroachment is considered a Type II action which does not require further environmental review. The Department of Public Works has recommended that your Honorable Body grant a mere license for the encroachment. The Planning Board voted to approve the proposed encroachment. RECEIVED AND FILED. FROM THE BUFFALO WATER BOARD No. 4 Minutes of Meeting Of the Buffalo Municipal Water Finance Authority Held On December 11, 1992 Room 209, City Hall, Buffalo, New York Members Present: Marie Currie, Joseph Paladino, John Spagnoli (on behalf of Commissioner Jorling), Richard Planavsky, David Collins, David Comerford. Members absent: None. Others Present: Laurence K. Rubin, Asalyn DuBois, Ned Flynn. 1. Call to Order: Chairman David Comerford called the meeting to order at 9:15 a.m. after determining a quorum was present. 2. Minutes of September 25, 1992 Meeting: On motion by Ms. Currie and seconded by Mr. Planavsky the minutes were unanimously approved. 3. Minutes of November 20, 1992 Meeting: On motion by Mr. Collins, seconded by Mr. Planavsky the minutes were unanimously approved. 4. Supplemental Bond Resolution: Ned Flynn made a presentation on the pricing and sale of water bonds. Todd Miles explained the supplemental bond resolution, and their upon motion by Ms. Currie and seconded by Mr. Planavsky the resolution was duly adopted. Mr. Collins abstained from the vote pending council action. 5. Other Business: Mr. Comerford advised the Authority that the Water Board obtained a N.Y.S. Water Permit after finalizing a water conservation plan which included full metering by the end of the decade. 6. Adjournment: Upon motion by Mr. Collins and seconded by Ms. Currie, the meeting was adjourned at approximately 10:15 a.m. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMPTROLLER No. 5 Certificate of Necessity Transfer of Funds Appropriation Allotments - Exempt Items Reserve for Capital Improvements Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $4,223 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amount to be transferred is an unexpended balance of an item contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, May 27, 1993 RECEIVED AND FILED. No. 6 Certificate of Necessity Transfer of Funds Appropriation Allotments - Exempt Items Reserve for Capital Improvements 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 $5,587 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amount to be transferred is an unexpended balance of an item contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, May 27, 1993 RECEIVED AND FILED. No. 7 Certificate of Necessity Transfer of Funds Appropriation Allotments - Common Council - Engineering & Technical City Clerk - Capital Outlay 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 $15,000 be transferred and reappropriated from Appropriation Allotments - Common Council - Engineering and Technical Services account, as set forth below: The amount to be transferred is an unexpended balance of an item contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which it was appropriated. Dated: Buffalo, New York, June 7, 1993 RECEIVED AND FILED. No. 8 Interfund Cash Loan Over the last six years, the City has provided interfund loans from the City General Fund to the City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have 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 Board of Education Capital Projects Fund in the amount of $70,000 for the reconstruction of sewer lines at Hutch Tech High School. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 299 Cap. Proj. 299-970-091 BAN/Bond Sale $70,000 Mr. Fahey moved: That the communication from the Comptroller, dated May 27, 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 Board of Education Capital Projects Fund in the amount of $70,000 for the reconstruction of sewer lines at Hutch Tech High School. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 9 Lease Purchase of Computer Equipment The Data Processing Division of the Department of Audit & Control request the approval of the Colon Council for the Lease Purchase of various computer acquisitions for the ultimate right sizing of the computer systems resulting in cost reduction, data centralization, improved business process (through such activities as business practices are re-engineered), increased responsiveness to end user needs (application can be easier to use, development time can be decreased, data can be more efficient) and effective use of new techniques. Monies are available in the 1993-94 Appropriation for these lease purchases. Projected savings over the next five years include $100,000 in year two, $50,000 in year three, $300,000 in year four, $700,000 in year five and $800,000 in year six for a five year savings of approximately $2,000,000. REFERRED TO THE COMMITTEE ON FINANCE. No. 10 Set Policy For Collecting Excess Health Care Premiums As part of our continuing audit of health care benefits the City provides to its active and former employees, the Division of Audit had sent down a related correspondence to the Commissioner of Administration and Finance requesting guidance on what the collection policy will be for: A) Those retirees who did not have the proper medical withholding taken from their pension checks. B) Those employees who did not pay the difference in medical coverage while on a medical leave of absence, and C) Those employees and retirees who received payments in lieu of medical care coverage. In addition, we requested guidance on what the reimbursement policy will be for those retirees, who had too much withholding deducted from their pension checks. Attached hereto is a copy of the correspondence. The Division of Audit estimates that 1,691 retirees underpaid $30,560 in their monthly medical care coverage. Similarly, 150 retirees had overpaid $2,456 in their monthly medical care coverage. The annual net recovery cost being $337,246. The Division of Audit needs to know what the City policy will be on these issues to bring finality to this singular issue of the Health Care Audit. On a separate note, this Department stands ready to work with the City Administration and the Common Council in establishing the recommended Personnel Department so as to prevent reoccurrence of matters like erroneously paying for medical care coverage. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Certificate of Appointment Appointment effective May 27, 1993 in the Department of Audit and Control, Division of Audit, William P. Murphy, 21 Turner Avenue, Buffalo NY 14220, to the position of Supervising Accountant, Provisional, at the intermediate starting salary of $ 35,276. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 12 Certiorari Proceedings 1992-93 Fiscal Year Admiral's Walk Jack L. Getman, Trustee in Bankruptcy, and Joseph Bowen, representing the owners of Admiral's Walk, in 1992 instituted certiorari proceedings on 75 Ojibwa ("Admiral's Walk"), Buffalo, New York, regarding the assessment for the fiscal year 1992-93 (taxable status date December l, 1991). The assessment was reviewed by this Department and the petitioners have expressed a willingness to settle this proceeding. The final City assessment for fiscal year 1992-93 totalled $7,617,750 for fifty condominium units. Because 339-y of the Real Property Law (RPL) requires special treatment of certain condominiums, the 1993 County restricted assessment totalled $5,446,270 for the fifty units. The Petitioners are agreeable to a settlement which would result in a reduction of the 1992-93 City assessment to a total of $5,939,800 and a reduction of the 1993 County restricted assessment (under RPL 339-y) to a total of $3,645,000. A breakdown of the proposed reductions for each of the fifty individual units is attached. Based on a review of the current market value of the property, 1 feel this settlement would be in the best interests of the City. I recommend, therefore, this settlement in which the Department of Law concurs. I am hereby requesting that Your Honorable Body authorize the Corporation Counsel to settle the 1992-93 certiorari proceeding on Admiral's Walk, 75 Ojibwa, Buffalo, New York, by reducing the City assessment from a total of $7,617,750 to $5,939,800 and the 1993 County restricted (339-y) assessment from a total of $5,446,270 to $3,645,000, with reductions in individual unit assessments as attached hereto. REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO URBAN RENEWAL AGENCY. ADMIRAL'S WALK 1992-93 City Assessment New 1992-93 Unit No. (Protested) City Assessment Reduction 201 $122,920 $98,000 $24,920 202 $95,900 $89,100 $6 800 203 $150,500 $142,600 $7,900 205 $86,450 $77,200 $9,250 206 $95,900 $89,100 $6,800 207 $104,650 $98,000 $6,650 301 $112,840 $98,000 $14,840 302 $103,740 $89,100 $14,640 303 $91,350 $77,200 $14,150 304 $78,400 $65,300 $13,100 305 $91,350 $77, 200 $14,150 306 $100,520 $89,100 $11,420 307 $111,510 $98,000 $13,510 401 $126,280 $98,000 $28,280 402 $111,300 $89,100 $22,200 403 $100,590 $77,200 $23,390 404 $85,050 $65,300 $19,750 405 $100,450 $77,200 $23,250 406 $111,510 $89,100 $22,410 407 $126,490 $98,000 $28,490 501 $133,070 $98,000 $35,070 502 $121,450 $89,100 $32,350 503 $105,000 $77,200 $27,800 504 $90,300 $65,300 $25,000 505 $105, 000 $77,200 $27,300 506 $118,650 $89,100 $29,550 507 $131,530 $98,000 $33,530 601 $136,430 $98,000 $38,430 602 $124,040 $89,100 $34,940 603 $110,600 $77,200 $33,400 604 $96,390 $65,300 $31,090 605 $110,950 $77,200 $33,750 606 $124,390 $89,100 $35,290 607 $136,780 $98,000 $38,780 701 $182,560 $160,400 $22,160 702 $175,000 $136,600 $38,400 703 $158,200 $136,600 $21,600 704 $182,980 $160,400 $22,580 801 $191,310 $160,400 $30,910 802 $165,760 $136,600 $29,160 803 $165,690 $136,600 $29,090 804 $193,970 $160,400 $33,570 901 $289,660 $202,000 $87,660 902 $272,790 $190,100 $82,690 903 $267,750 $202,000 $65,750 1001 $389,725 $297,000 $92,725 1003 $389,725 $297,000 $92,725 1101 $283,500 $202,000 $81,500 1102 $273,350 $190,100 $83,250 1103 $283,500 $202,000 $81,500 Total: $7,617,750 $5,939,000 *$1,677,950 * This represents approximately a 22% reduction. ADMIRAL'S WALK 1992-93 City Assessment New 1992-93 Unit No. (Protested) City Assessment Reduction 201 $87,800 $60,143 $27,657 202 $68,500 $54,675 $13,825 203 $107,500 $87,480 $20,020 205 $61,750 $47,385 $14,365 206 $68,500 $54,675 $13,825 207 $74,750 $60,143 $14,607 301 $80,600 $60,143 $20,457 302 $74,100 $54,675 $19,425 303 $65,250 $47,385 $17,865 304 $56,000 $40,095 $15,905 305 $65,250 $47,385 $17,865 306 $72,070 $54,675 $17,395 307 $79,650 $60,143 $19,507 401 $90,200 $60,143 $30,057 402 $79,500 $54,675 $24,825 403 $71,850 $47,385 $24,465 404 $60,750 $40,095 $20,655 405 $71,500 $47,385 $24,115 406 $79,650 $54,675 $24,975 407 $90,350 $60,143 $30,207 501 $95,050 $60,143 $34,907 502 $86,750 $54,675 $32,075 503 $75,000 $47,385 $27,615 504 $64,500 $40,095 $24,405 505 $75,000 $47,385 $27,615 506 $84,750 $54,675 $30,075 507 $93,050 $60,143 $33,807 601 $97,450 $60,143 $37,307 602 $88,600 $54,675 $33,925 603 $79,000 $47,385 $31,615 604 $68,850 $40,095 $28,755 605 $79,250 $47,385 $31,865 606 $88,850 $54,675 $34,175 607 $97,700 $60,143 $37,557 701 $130,400 $98,415 $31,985 702 $125,000 $83,835 $41,165 703 $113,000 $83,835 $29,165 704 $130,700 $98,415 $32,285 801 $136,650 $98,415 $38,235 802 $118,400 $83,835 $34,565 803 $118,350 $83,835 $34,515 804 $138,550 $98,415 $40,135 901 $206,900 $123,930 $82,970 902 $194,850 $116,640 $78,210 903 $191,250 $123,930 $67,320 1001 $278,375 $182,250 $96,125 1003 $278,375 $182,250 $96,125 1101 $202,500 $123,930 $78,570 1102 $195,250 $116,640 $78,610 1103 $202,500 $123,930 $78,570 Total: $5,446,270 $3,645,000 *$1,801,270 * This represents approximately a 33% reduction. FROM THE COMMISSIONER OF PUBLIC WORKS No. 13 Extension of Time on Contract New Roof Massachusetts Community Center Massachusetts Avenue In accordance with the terms of the contract between the City of Buffalo and Weaver Metal and Roofing, the work should have been completed by February 25, 1993. Due to poor weather conditions this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to June 15, 1993 to Weaver Metal and Roofing, Inc. to complete the work of their contract. RECEIVED AND FILED. No. 14 Solicitation of Funds Permit for Greenpeace Attached is an application for Solicitation of Funds for Greenpeace in the City of Buffalo area from July 5, 1993 to August 5, 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, June 2, 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 Greenpeace within the City of Buffalo for July 5, 1993 -August 5, 1993. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 15 Report of Bids Masonry Reconstruction Carnival Center 118 East Utica Street I advertised on May 18, 1993 and received the following sealed proposals which were publicly opened and read on June 1, 1993. Nichter Associates, Inc. 37,373 Progressive Weatherproofing, Inc. 38,500 Lachut & Assoc. 39,300 LCP Construction Corp. 48,825 I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Associates, Inc. in the amount of $37,373.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-085 - Division of Buildings. Estimate for this work was $40,000.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated June 1, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Masonry Reconstruction of Carnival Center at 118 East Utica Street, Buffalo, blew York, to Nichter Associates, Inc., the lowest responsible bidder in the amount of $37,373.00, with said cost to be charged against the Division of Building, in B/F 200-402-085. PASSED. AYES- 13 NOES- 0. No. 16 Report of Bids - Jefferson Avenue Phase IV Group #341 - From Broadway to William Item No. 40, C.C.P. 3/16/93 As authorized and directed by your Honorable Body in Item No. 40, C.C.P. of 3/16/93, I have advertised and received bids on June 2, 1993 for the reconstruction of Jefferson Avenue - Broadway to William Street, Group #341. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Destro Brothers $885,013.50 (LOW) M. Falgiano Construction Company $947,957.15* Depew Development $952,144.50* Hartford Paving $988,455.70* Nichter Utility Construction Co. $1,041,085.00* Collana Brothers $1,044,109.25 Accadia Enterprises $1,157,575.25 *Corrected Total I hereby certify that the lowest responsible bidder for the above project is Destro and Brothers Concrete Company, Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the following Capital Project Bond Accounts 200-401-526, 200-401-092, 200-401-006, 200-401-001, and 200-401-021 in an amount not to exceed $885,013.50, plus approved unit prices not to exceed an additional amount of $50,000. Included in this bid is a portion of waterline work, for which the Department of Public Works will be reimbursed by the Water Authority at the completion of the project. The engineer's estimate for this work is $971,053.50. The attached is certified to be a true and correct statement of the bids received. Under provisions of the General Municipal Law any of the bidders may withdraw his bid if an award of the contract is not made by July 19, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated June 3, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for reconstruction of Jefferson Avenue Phase IV, Broadway to William Street, Group #341, to Destro and Brothers Concrete Company, Inc., the lowest responsible bidder in the amount of $885,013.50, with said cost to be charged to the following Capital Project Bond Accounts 200-401-526, 200-401-092, 200-401-006, 200-401-001 and 200-401-021 of the Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 17 Gateway Tunnel Feasibility Study Phase III Supplemental Study Item No. 103, C.C.P. 6/23/92 I hereby request permission from your Honorable Body to authorize the Commissioner of Public Works to enter into a contract with a consultant to modify the two preferred alternates to the Gateway Tunnel Feasibility Study. Cost for this study will not exceed $38,400.00 and funds will be available in account #200-401-059. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 18 727 Elmwood Avenue Requests Permission To Install Sidewalk Cafe Mr. John Peterson acting as agent for Mr. Mike Tomasula, owner of Merlins Restaurant located at 727 Elmwood, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 27 feet in length and project 7 feet from the building face into City right of way. The cafe also extends onto private property extending approximately 30 feet east of the west property line. The Department of Public Works has reviewed this 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 27 feet in length or extend more than 7 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.05 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413 Article IX Section 59 (sidewalk cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 19 Claim for Wages Various Employees From May 24 through June 6, 1993 members of the crew of the Cotter worked while an agreement was being formulated to cover various aspects of their employment. On May 1, 1993 each employee should have been transferred from the Engineering Division to the Buildings Division and their salaries set at $30,000. Due to the fact that the above mentioned agreement was not finalized and approved by the Budget Director, the Civil Service Commission and Your Honorable Body, the proper appointments could not be- filed. The Comptroller has thus ruled that a claim must be approved by Your Honorable Body to pay these employees. I respectfully request that you authorize the Comptroller to issue the following payments for time worked from May 24 to June 6, 1993: George Evans 10 days@ $114.922 per day $1,149.22 Michael Farrel 10 days@ $114.922 per day $1,149.22 John Harter 10 days @ $114.922 per day $1,149.22 Joseph Kalinowski 10 days@ $114.922 per day $1,149.22 William Robinson 10 days@ $114.922 per day $1,149.22 Mr. Fahey moved: That the communication from the Department of Public Works, dated June 3, 1993, be received and filed; and That the Comptroller be and hereby is authorized to issue payments for time worked from May 24, 1993 to June 6, 1993 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 20 Certificate of Appointment Appointment effective 5-17-93 in the Department of Public Works, Division of Engineering, Francis Mulderig, 56 Eaglewood, Buffalo, NY 14220, to the position of Laborer II, temporary, at the intermediate starting salary of $ 9.62 hour. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 21 Certificate of Appointment Appointment effective June 1, 1993 in the Department of Public Works, Division of Water, Barry Joseph Horan, 260 Columbus Street Buffalo, 14220, to the position of Maintenance Assistant-Water, Temporary, at the intermediate starting salary of $22,950. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 22 Certificate of Appointment Appointment effective May 25, 1993 , in the Department of Public Works, Division of Engineering, Louis M. Sedia, 33 Montrose Avenue, Buffalo, NY 14216, to the position of Engineering Inspector, Provisional, at the intermediate starting salary of $28,449. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 23 Elm Leaf Beetle Management Plan Item No. 96, C.C.P. 3/30/93 Over the past years the Department of Parks has cooperated with citizens, the Pest Management Board, and Councilmembers to work for the best possible plan to protect city elm trees from the elm leaf beetle. We want to do this in a way that doesn't do harm, is cost effective, and considers the wishes of the citizens. Parks has heard from many citizens, professionals, and authorities on this. We attended a large number of Pest Board meetings. In conjunction with members of the Pest Management Board and Councilmembers, we tried different trial, and we emphasize "trial", programs. Without effective help this year, a number of the elms could be in serious shape. Worse, it is possible that, should we not spray, the elm beetles are going to cause many people to use strong pesticides inside their houses. Overall, Parks believes that spraying trees with the pesticide Sevin is the best way to protect the valuable trees and control beetle infestations in homes. For Parks, the conclusion of all the research the federal government has done is the bottom line on this. Those who are opposed to spraying should remember that the federal Environmental Protection Agency, in their March 24 response to a request from the City Clerk, has advised the Council that Sevin doesn't cause unreasonable risks of hurting people or the environment. The Parks Department will work to carry out a policy of spraying as needed, unless we receive a request by a District Councilmember not to spray in a District. We will honor that request. However, if a homeowner in such a District requests that the trees in front of his/her property be sprayed, we will honor that request. Parks has recently been advised by the Law Department that the State Environmental Quality Review Act covers our decision to spray, and that we now need to prepare an Environmental Assessment Form as the basis for our program on this. We are beginning to do this, and the form will be available when complete. Law has advised us that preparing the SEQRA review will allow for the reporting of data which will support our proposed policy, and will not stand unduly in the way of this year's spraying program. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE PEST MANAGEMENT BOARD. No. 24 U.S. E.P.A. Report on Sevin Item No. 101, C.C.P. 4/13/93 Over the past years the Department of Parks has cooperated with citizens, the Pest Management Board, and Councilmembers to work for the best possible plan to protect city elm trees from the elm leaf beetle. We want to do this in a way that doesn't do harm, is cost effective, and considers the wishes of the citizens. Parks has heard from many citizens, professionals, and authorities on this. We attended a large number of Pest Board meetings. In conjunction with members of the Pest Management Board and Councilmembers, we tried different trial, and we emphasize "trial", programs. Without effective help this year, a number of the elms could be in serious shape. Worse, it is possible that, should we not spray, the elm beetles are going to cause many people to use strong pesticides inside their houses. Overall, Parks believes that spraying trees with the pesticide Sevin is the best way to protect the valuable trees and control beetle infestations in homes. For Parks, the conclusion of all the research the federal government has done is the bottom line on this. Those who are opposed to spraying should remember that the federal Environmental Protection Agency, in their March 24 response to a request from the City Clerk, has advised the Council that Sevin doesn't cause unreasonable risks of hurting people or the environment. The Parks Department will work to carry out a policy of spraying as needed, unless we receive a request by a District Councilmember not to spray in a District. We will honor that request. However, if a homeowner in such a District requests that the trees in front of his/her property be sprayed, we will honor that request. Parks has recently been advised by the Law Department that the State Environmental Quality Review Act covers our decision to spray, and that we now need to prepare an Environmental Assessment Form as the basis for our program on this. We are beginning to do this, and the form will be available when complete. Law has advised us that preparing the SEQRA review will allow for the reporting of data which will support our proposed policy, and will not stand unduly in the way of this year's spraying program. RECEIVED AND FILED. FROM THE COMMISSIONER OF POLICE No. 25 Permission to Lease AT&T Partner Telephones I am respectfully requesting permission from your Honorable Body to enter into a 36 month state and local government true lease with the AT&T Credit Corporation. This lease is for the purpose of replacing and updating single line equipment throughout the various units of the Detective Division. Please note that some commands in the Detective Division already have AT&T's partner telephones. Efficiency in cross talking among existing squads such as homicide and narcotics will be greatly enhanced with this telephone system. The title of the equipment would not transfer to the city. At the end of this lease, the city could purchase the equipment at fair market value, renegotiate a new lease, or terminate the lease. The cost of this lease will be $1,456.25 a month for 36 months or $53,425.00. Funds are available in the Department of Police for this purpose. REFERRED TO THE COMMITTEE ON FINANCE. No. 26 C.O.M.B.A.T. Grant Program Renewal Fiscal Year 1993-1994 Item NO. 54, C.C.P. 05/25/93 This is in response to your inquiry with regard to our renewal grant contract under 1993-1994 COMBAT Grant Program. Please be advised that under the current renewal program, four (4) Street Crime Unit Officers have been assigned to work the targeted COMBAT Zones; two (2) exclusively on the West Side and two (2) exclusively on the East Side. In addition, the grant will provide for a dedicated car on the East Side where two (2) uniformed officers from Precinct #12 will be assigned to work within the COMBAT Zone addressing issues and concerns of the residents within the designated area only; they will not be answering regular precinct calls. Due to a 13.1% reduction in this year's funding, we were unable to assign a precinct car to the West Side under the COMBAT Grant Program. With the limited funding and the fact that the drug and related crime problems on the East Side are more extensive, we chose to assign a car to the East Side target area under the grant. I do recognize the need for increased police presence on the West Side, and therefore, on April 15, 1993, I authorized a detail car from Precinct #10 to address the problems that have arisen around the Hudson Street neighborhood and surrounding areas (which is an area included within the West Side COMBAT Zone). These officers work in concert with the COMBAT Detectives assigned to the West Side, and in addition, communicate with the West Side COMBAT Community Services Officer who serves as the liaison with the residents within this targeted area. Since this is a dedicated car crew, they will not answer regular precinct calls or be on patrol anywhere except within the targeted area (Hudson Street neighborhood and surrounding areas). The two (2) Precinct 10 detail officers have been making themselves known to as many residents and business people as possible and their visibility in the community will help to reduce the crime rate in that particular area. This detail will be kept as long as it is necessary and manpower is available. I trust this satisfies your inquiry, and if additional information is required, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 27 Purebred Licenses Item No. 72, C.C.P., 5/25/93 This office has advised the City Clerk in the past that he may not refuse to grant purebred licenses based on zoning ordinances. The dog licensing laws are unrelated to the zoning ordinances. The Law Department is in complete agreement with the position taken by Mr. Rowley of the State Department of Agriculture and Markets. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 28 US EPA Report on Sevin No. 101, C.C.P. 4/13/93 Upon review of the above item, the Corporation Counsel has advised that SEQR review is required. As Your Honorable Body is aware, Sevin has been sprayed as a means to maintain the City's elm tree population for many years. In 1990, upon suggestion of the Pest Management Board, M-1 rather than Sevin was applied. M-1 proved to be ineffective. In 1991, M-pede was applied, also with poor results. Had Sevin been applied consistently on an annual basis with only one year of experimental spraying of a different pesticide, or had Sevin been used consistently with no interrupting years in connection with other pesticides, the action would have been grandfathered under SEQR and no review would be required. However, because a decision was made to discontinue Sevin for two years wherein Sevin was not at all used constitutes a "significant change" in the conditions of the action, the proposal to resume Sevin spraying is subject to SEQR review. The issue then, is to what extent must SEQR be complied with. The answer depends upon what "Type" of action the proposed return to Sevin spraying is defined as under the New York Code of Rules and Regulations ("NYCRR"). Generally, the action is defined as an "Unlisted" action. (6 NYCRR Section 617.2(kk)). Unlisted actions are direct, funded, or approved agency actions as defined in 617.2. Unlisted actions require a determination of environmental significance or non-significance, although a short rather than long form Environmental Assessment Form ("EAF") may be used in reporting data upon which such determination is made. If Sevin is to be sprayed "wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space" the spraying is classified as a Type I action requiring a full EAF and also an Environmental Impact Statement ("EIS"). (6 NYCRR Section 617.12 (b) (10)). However, because the Department of Parks does not intend to spray any publicly owned or operated parkland, recreation area or designated open space, the action is classified as an "Unlisted Action" requiring preparation of an EAF and a determination of environmental significance or non-significance. This office has advised, that a long form EAF be prepared rather than a short form. We believe that a long form will accommodate historical data of the use of Sevin locally, as well as EPA findings with respect to toxicity. We have further advised that we believe comprehensive reporting of available data on the EAF may reasonably lead to a determination of non-significance, or a negative declaration. In such instance, a full EIS will not be required. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 29 Uniland Development of Block I Item No. 181, C.C.P., 5/25/93 Please be advised that I do not intend to pursue any action against Uniland. First, this is a Buffalo Urban Renewal Agency matter and second, your theory of "unjust enrichment" is not supported by the facts of the matter. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 30 E.A.F. Holy Name Church - Request to Use 228 Brinkman St. As A Halfway House For Abused Women Item No. 92, C.C.P., May 25, 1993 Attached for your information is the Short Environmental Form for the matter captioned above. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated June 3, 1993, be received and filed; and That "Holy Name Church - Request to use 228 Brinkman Street as a halfway house for abused women" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 31 Martin Luther King Park Wading Pool - General Contract Reduction of Retention We are requesting that your Honorable Body approve a reduction in the 10% retention a- $55,528 to $20,000. This will allow the general contractor Seneca Hawk to pay several subcontractors which completed their work last year. The majority of the work has been completed and we are in the process of closing the job out. Mr. Fahey moved: That the communication from the Community Development, dated May 21, 1993, be received and filed; and That the Commissioner of Community Development, be and he hereby is authorized to reduce the retention from 10% or $55,528 to $20,000 on a contract with Seneca Hawk for General Contract - Martin Luther King Park Wading Pool. PASSED. AYES- 13 NOES- 0. No. 32 Work Scheduled for Humboldt YMCA Regarding our discussion of June 1, 1993, below please find a brief narrative of the work which is scheduled to take place at the Humboldt Y.M.C.A. As 1 had indicated to you, the Contractor will not be issued a permit until this has been reviewed by the Hamlin Park Overview Committee. Please be advised that work at this site has been suspended until this item is resolved. Hopefully you can expedite this request so that work can begin immediately. GENERAL CONSTRUCTION: $40,490. BASE Interior renovations to existing Center, including new flooring, interior doors, general construction work, new folding wall partitions, new radiator covers and reconditioned Nautilus weight equipment ELECTRICAL: $4,875. Installation of new interior fixtures PLUMBING: $12,517. Install trench drain in existing parking lot as required by Buffalo's Plumbing Code Thank you for your assistance in this matter. RECEIVED AND FILED. No. 33 South Ellicott - Phase II 221-225 Seneca Street Michigan - Seneca Group, Inc. The City of Buffalo Urban Renewal Agency duly designated Michigan-Seneca Group, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 34 M. Watts-Cancel Trash Removal Costs - 140 Box Item #91 C.C.P. May 25, 1993 On the afternoon of December 21, 1992, Deputy Commissioner Comello received a phone call from John H. Emmons, Legislative Assistant to the Masten District Council Member, at that time Mr. Emmons had a constituent on the phone requesting a summons be issued to the owner of 140 Box Avenue. During this three way conversation it was agreed that the Department of Streets and Sanitation would go out that afternoon and issue a summons. The complainant stated the owner of 140 Box Avenue was placing trash out at the curb in front of 142 Box Avenue. As I have stated, this trash did come from the premises of 140 Box Avenue, even though placed at the adjoining lot at 142 Box Avenue. I can not in good faith waive these charges, and recommend that your Honorable Body concur with this request. RECEIVED AND FILED. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 35 Demolition of Former G.E. Building Complaint from Thomas Mroziak Item No. 86, C.C.P. 4/27/93 With regard to the above subject I wish to supply your honorable body with the following information. The concerns of Mr. Mroziak are appreciated. It is the duty of the city of Buffalo to protect the public at large from hazards that may be associated with the demolition of 1489 Fillmore Avenue. Prior to the city of Buffalo soliciting bids on this project all necessary testing and inspections of this property were performed. We are confident that the contractor performing the work according to our bid document specifications and contract agreement that all safety issues will be properly addressed. Not only will the contractor be subject to our local requirements, but will also satisfy the regulations set forth by the Department of Health, New York State Department of Labor Asbestos Control Bureau, State Department of Environmental Control Bureau, Occupational and Safety Administration and the Environmental Protection Agency. All prospective bidders were informed of these requirements and reflected theses conditions in their bid submittal. RECEIVED AND FILED. No. 36 Demolition of Former G.E. Building Complaint from Nonna Shtipelman Item No. 94, C.C.P. 4/27/93 With regard to the above subject I wish to supply your honorable body with the following information. As we are in the final stages of letting out this contract we appreciate Ms. Shtipelman's concerns and will make available all bid documents and reports for this property. The chemical substances identified in the environmental report will be lab packed and disposed of. It is the duty of the city of Buffalo to make sure all environmental concerns are performed in compliance with all local, state, and federal regulations. Baiting of this parcel will be done as per the charter and ordinances of the city of Buffalo. The overall cost of the project at $472,000 is considered by our department as both reasonable and responsible. We are unfamiliar with the estimating expertise of the petitioner, and have no criteria to validate her accusation in reference to the expenditures of this project. This communication received by your honorable body states the city of Buffalo has disregarded the primary concern of the report which itself commissioned is both negligent and inexcusable. We dispute this accusation and submit that our approach to this project is both thorough, practical and professional. RECEIVED AND FILED. No. 37 Report of Emergency Demolition of 172 Carlton Street CCP Item #51 dated 3/3/92 We are requesting approval by your Honorable Body of a decrease in the dollar amount of the above-stated property. The dollar amount stated in CCP Item #51 dated March 3, 1992 was $10,880.00 which included the removal of the asbestos and the sewer and water terminations costs. When the asbestos abatement company hired by the demolition contractor, Great Lakes Dismantling, Inc., arrived at the site to remove the asbestos it was observed that the skirting had already been removed with only small scattered pieces lying on the ground (approximately 3-5 square feet). The miscellaneous pieces were picked up and disposed of as per NYCRR-56. However, area air sampling was not performed as the scope of the project had become a "minor" project - sampling was not required. Only OSHA required personnel sampling was performed. With this information, Great Lakes Dismantling, Inc. has reduced their cost of the project by $1,000.00. The total cost of the project will be $9,880.00. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated June 1, 1993, be received and filed; and That the amount of the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Great Lakes Dismantling, Inc. for property located at 172 Carlton Street, for $10,880.00 pursuant to Item No. 51, C.C.P., March 3,1992 be reduced for a total cost of $9,880.00. PASSED. AYES- 13 NOES- 0. No. 38 Report of Emergency Bid for the Demolition of 143 Emslie Street aka 695 Clinton Street Rear Due to the very serious and hazardous condition of the fire-damaged building located at 143 Emslie Street Fire Commissioner Paul Shanks 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 May 3, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 143 Emslie Street aka Integrated Waste Special Services 695 Clinton Street rear William J. Simon $25,700.00 106 Rosedale Blvd. Eggertsville, NY Please be further advised that on May 3, 1993 the owner served the City Law Department with a Show Cause Order putting a hold on the demolition. However, the owner did not meet the criteria set forth by the Court, therefore, the Judge is continuing the emergency demolition of the building as set forth by the Fire Commissioner. 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 May 27, 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 $25,700.00, relating to 143 Emslie Street a/k/a 695 Clinton Street rear, 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. 39 Report of Emergency Demolition of 85 Guilford Street Due to the very serious and hazardous condition of the fire-damaged building located at 85 Guilford 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 May 20, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 85 Guilford Street Great Lakes Dismantling Anzo McCary $4,200.00 73 Guilford 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 May 26, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Great Lakes Dismantling at a cost of $4,200.00, relating to 85 Guilford Street, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-0 00-002-00000, 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. 40 Stadium Heights New Housing Project Approval of Land Disposition Agreement Aicha Construction Company, Inc. The City of Buffalo Urban Renewal Agency duly designated Aicha Construction Company, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 41 Health Insurance Coverage Comparisons Relative to our proposal that the Common Council set an example for the unions by adopting for the Elected and Exempt Group the Buffalo Financial Plan Commission's recommendation that the core insurance become the lowest cost of the four alternatives that the City provides, and that employees who want another alternative pay the difference, Eva Hasset told me that you requested a comparison of the benefits of the four plans. I have caused such a comparison to be prepared, and I am enclosing it herewith. I hope that the Council will now adopt the BFPC's recommendation for the Elected and Exempt Group. RECEIVED AND FILED. No. 42 Audit by State Comptroller - Retirement Credit for Elected and Appointed Officials An audit by the State Comptroller's Office of the City of Buffalo's retirement records has made the following finding: "The days worked could not be confirmed by the auditor since a standard work day had not been established for the elected and appointed officials. the municipality must establish a standard work day by board resolution. The standard work day can vary by position but cannot be less than six hours." It has always been our policy that the terms and conditions of employment for elected and appointed officials follow those contained in the white-collar (Local 650) contract. Section 3.3 of the Local 650 contract provides that the normal work day shall be eight hours with one hour for lunch and two fifteen (15) minute rest breaks, or 6 1/2 hours of time worked, except from July l to the first Monday in September, when it is reduced by 1/2 hour. I therefore recommend that your Honorable Body enact a resolution establishing a 6 1/2 hour standard work day for all elected and appointed officials, to conform to the regulations of the State Retirement System. This is necessary in order for elected and appointed officials to continue to receive Retirement System credit for full-time employment. REFERRED TO THE COMMITTEE ON FINANCE, THE NEW YORK STATE COMPTROLLER AND THE CORPORATION COUNSEL. No. 43 Establish a Mandated Funding Formula for the Board of Education Item No. 166, C.C.P. May 11, 1993 The Commission on Quality Education for the 1990's adopted a recommendation to achieve the long term goal of total fiscal independence for the Board of Education and an immediate and five (5) year interim goal of sharing a dedicated percentage of the total property tax revenue. The Mayor'S representatives on the above Commission dissented from this recommendation The sharing of the property tax revenue based on a fixed percentage could lead to untenable circumstances in the operations of City functions. To illustrate this contention, consider the following example. Let us take the situation where state Aid to education increased by $25 million but general purpose state Aid did not increase at all. Further, let us assume that the Mayor and the Council came to the determination that the $25 million increase for education would provide sufficient funding for the schools but a $10 million increase in the property tax levy was needed to continue the present services provided by the City. Under the predetermined formula agreement where the City and the Board of Education would each receive 50% of the property tax revenue, it would be necessary to increase the tax levy by $20 million to provide the City with the $10 million that was determined to be needed. The result would therefore be a tax increase of twice the size that was considered necessary and a Board appropriation of $10 million in excess of the intended recommendation. It does not make sense for the City to force itself into such unintended results by entering into a predetermined formula agreement. Budgeting and taxing flexibility would be further removed from the control of those officials who were elected for the purpose of making such decisions. Until and unless the Board of Education becomes fiscally independent, the Mayor and the Common Council should not abdicate their charter responsibilities with respect to the budget process. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 44 Use of the South Park Youth Center Gym The Buffalo Division For Youth has received a request from the Bread of Life Christian Academy located at 1632 South Park Avenue for use of the gymnasium located at the former School #29 at 2291 South Park Avenue on Tuesday mornings from 9:00 a.m. to 11:30 a.m. for the 1993-1994 school year. We are seeking your approval as the Division For Youth has no objection to this request for the use of this facility. Mr. Fahey moved: That the communication from the Department of Human Resources, dated May 21, 1993, be received and filed; and That the Commissioner of Human Resources be and hereby is authorized to enter into a lease with the Bread of Life Christian Academy located at 1632 South Park Avenue for use of the gymnasium located at former School 29 at 2291 South Park Avenue on Tuesday mornings from 9:00 a.m. to 11:30 a.m. for the 1993-1994 school year. The lessee to save the City harmless from any liability and to provide insurance as required by the Department of Law. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF GENERAL SERVICES No. 45 Certificate of Appointment Appointment effective May 25, 1993 in the Department of General Services, Division of Administrative, Susan A. Hughes, 30 Whitfield Ave., Buffalo, 14220, to the position of Senior Account Clerk-Typist, Permanent, at the maximum starting salary of $22,237. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO SEWER AUTHORITY No. 46 Oppose Sewer Tax Increase Item #180, C.C.P. 4/27/93 In response to your request for information of May 18, 1993 on the above item, the following is provided. All users of the Buffalo sewer system share in the cost of operating the system. As the annual expenses of the sewer system increase, they are spread to the system users in the form of sewer rents and charges. These cost increases are passed on to users in the City as well as those in the outlying districts. I hope that this provides you with the necessary information. RECEIVED AND FILED. FROM THE BUFFALO HOUSING AUTHORITY No. 47 Approval of Memoranda of Agreements between BMHA and Local 264, Blue, White, Managerial Unit and Amended Salary and Longevity Schedules for Exempt and Non-Represented BMHA Employees. We respectfully request that your Honorable Body consider and approve the attached Memoranda of Agreements between the BMHA and Local 264, AFL-CIO, AFSCME, representing Blue Collar, White Collar and Managerial Unit employees and amended salary and longevity schedules for exempt and non-represented employees of the Buffalo Municipal Housing Authority. The Memoranda of Agreements amend the existing contracts between the parties and provide successor Agreements for the period July 1, 1992 through June 30, 1995. Acceptance of the Contracts was reached after a prolonged period of negotiations between the parties. Terms of the Agreements are within the parameters of the City of Buffalo's labor agreement representing City Blue Collar unit employees. The Agreements reflect a zero increase in salary effective July 1, 1992, a 4% (four percent) increase in base salary effective July 1, 1993, a 5% (five percent) increase in base salary effective July 1, 1994, and an amended longevity schedule which is identical to the schedule approved for City employees. Additionally, the parties agreed to an upgrading for two blue collar positions, Exterminator and Labor Supervisor effective July 1, 1994. The amended salary and longevity schedules proposed for exempt and non-represented employees are identical to the rates proposed for Union employees. The Board of Commissioners of the Authority approved the attached Memoranda of Agreements and the amended salary and longevity schedules for exempt and non-represented employees at their regular Board Meeting of May 26, 1993. A certified extract of the minutes of this meeting is attached. In addition to the wage and longevity adjustments listed above, the following is a brief outline of the highlights of the Agreements presently before you for your consideration. Medical Insurance - Change current Blue Cross coverage and prescription plan to Blue Cross Select Care with alternate major medical and a $1/$5 co-pay for prescriptions. Dental Insurance - Language which provides all employees the option of waiving their dental coverage for an in-lieu payment of $100 per year. License Renewal - The Authority will pay for the cost of Plumber's license renewal. Tool Allowance - Increase tool allowance by $50 per year. Sick Leave Buy Back (White Collar) - Change maximum number of days payment at retirement to 60 days. Compensatory Time (White Collar) - Caps maximum accumulation to 40 hours. Educational Allowance (White Collar and Managerial Unit) - Increase reimbursement to $50 per semester. If these Memoranda of Agreements, including the salary and longevity schedules for employees represented by Local 264, and the salary and longevity schedules for exempt and non-represented employees are approved by your Honorable Body, and the Mayor, they must then be submitted to the U.S. Department of Housing and Urban Development and the New York State Division of Housing and Community Renewal for their consideration and concurrence. The New York State Division of Housing and Community Renewal requires that your approval of these items include a specific acknowledgement that the operating costs of the Authority in its State sponsored Public Housing Program may be increased and if this increase does occur, it would likewise increase the operating deficit in the Authority's State sponsored operation. The City of Buffalo under the loan and subsidy contract must fund this deficit and any increase in it if it should occur. It is anticipated that the dollar cost of these Agreements and salary and longevity schedules for approximately 354 BMHA employees would total approximately $1,065,000 for three years. The share of this cost to the City will total approximately $60,300 per year. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO URBAN RENEWAL AGENCY No. 48 Uniland Development of Block I Item No. 181, C.C.P. 5/25/93 Please be advised that as Legal Counsel for the Buffalo Urban Renewal Agency (BURA), I will do whatever the Agency authorizes me to do in the above-captioned matter. Further, I understand that Samuel F. Iraci, Jr., as vice chairman of BURA, is attempting to resolve this item and several other unrelated items of business with the Uniland Development Corporation. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE CITY CLERK No. 49 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Administration & Finance - Parking Violations Bureau RECEIVED AND FILED. No. 50 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 235 Genesee St. Jasmine Entertain Complex Rima Kadah 206 Allen St. Dessert Works, Inc. Dessert Works, Inc. 218 Gibson Margo's Theatre Bar I.S.W.E., Inc. RECEIVED AND FILED. No. 51 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- Janet Reyes Public Works- Richard L. Ogorek, Jr., Burke M. Glaser Richard Rott RECEIVED AND FILED. No. 52 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: City Planning Board Municipal Housing Authority RECEIVED AND FILED. No. 53 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 June 3,1993 in the Department of City Clerk Dennis R. King II, 41 Wilbury Place, Buffalo, 14216, to the position of Intern II, Seasonal, at the flat starting salary of $4.25 hour. Appointment effective May 20,1993 in the Department of City Clerk Raymond D. Lysarz, 25 Peter St., Buffalo, NY 14207, to the position of Intern III, Seasonal at the flat starting salary of $5.00 hour. Appointment effective May 26,1993 in the Department of City Clerk to the position of Intern III, Seasonal, at the flat starting salary of $ 5.00 hour. Carl R. Sherrill, 53 Parkridge Ave., Buffalo, 14215 Jim B. Nalvarez, 155 15th St., Buffalo, 14213 Frank LoPatriella, 9 South Putnam, Buffalo, 14213 Appointment effective May 28, 1993 in the Department of City Clerk, Sandra Lamar, 310 Pennsylvania, Buffalo, NY 14201 to the position of Intern III, Seasonal, at the flat starting salary of $ 5.00 hour. Appointment effective June 1, 1993 in the Department of City Clerk, Kerry L. Hannon, 38 Turner Ave., Buffalo, 14220 to the position of Intern III, Seasonal, at the flat starting salary of $5.00 hour. Appointment Effective May 20, 1993 in the Department of City Clerk, Chantal Michaux, 222 Taunton Pl., Buffalo 14216 to the position of Intern IV, Seasonal, at the flat starting salary of $ 6.00 hour. Appointment effective May 21, 1993 in the Department of City Clerk, Robert J. Meldrum, 461 Hewitt Ave., Buffalo, 14215, to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 hour. Appointment effective May 23, 1993 in the Department of City Clerk, to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 hour. Jeff Hackworth, 514 Fillmore Ave., Buffalo, 14206 Mark Parker, 838 Fillmore Ave., Buffalo 14212 Appointment effective May 24, 1993 in the Department of City Clerk, Tabitha L. Hollaway, 197 Stockbridge Ave., Buffalo, 14215 to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 hour. Appointment effective May 25, 1993 in the Department of City Clerk, Thomas C. LoTempio, 59 Shoshone St. Buffalo, 14214 to the position of Intern IV, Seasonal at the flat starting salary of $6.00 hour. Appointment effective June 1, 1993 in the Department of City Clerk, to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 hour. Pharel J. Hall, 48 Monticello, Buffalo, 14214 Toya Richey, 543 Humboldt Pkwy., Buffalo, 14208 Appointment effective June 2,1993 in the Department of City Clerk Judy M. Pellegrino, 11 Mayer, Buffalo, 14207, to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 hour. No. 54 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 May 24, 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. Elaine Bushen, 152 Whitfield St., Buffalo, 14220 Peter Canney, 313 Whitfield Ave., Buffalo, 14220 Daniel Purcell, 27 Athol St., Buffalo 14220 Robert O'Neill, 7 Marine Dr., Apt.# 10B, Buffalo, 14202 Appointment effective May 24, 1993 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Jeffrey Moffett 60 Tuscarora Road, Buffalo, 14220, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $7.05 hour. Appointment effective May 31, 1993 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Joseph Scherer, 44 Kimberly Street, Buffalo, 14220, to the position of Laborer I, Seasonal, at the flat starting salary of $5.98 hour. Appointment effective June 2, 1993 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Paul Childress, 1500 East Delevan Street, Buffalo, 14215, to the position of Laborer I, Seasonal, at the flat starting salary of $5.98 hour. FROM THE DEPARTMENT OF AUDIT AND CONTROL Appointment Effective May 24, 1993 in the Department of Audit and Control, Division of Real Estate, Marybeth LeCastre, 43 Bidwell Pkwy., Buffalo, New York 14222 to the position of Laborer I, Seasonal, at the flat starting salary of $5.98 hour. FROM THE DEPARTMENT OF ASSESSMENT Appointment effective May 24, 1993 in the Department of Assessment, John N. Scardino, 47 Coburg Street, Buffalo, New York 14216, to the position of Clerk, Seasonal, at the flat starting salary of $5 hour. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective May 24, 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. Kevin J. Lynch, 43 Mt. Vernon Ave., Buffalo, 14210 Donald Szymonek, 230 James St., Buffalo, 14210 Appointment effective May 26, 1993 in the Department of Public Works, Division of Water Monica L. Dougherty, 84 Tamarack Ave., Buffalo, 14220, to the position of Account Clerk-Typist, Provisional, at the minimum starting salary of $19,346. Appointment effective 5/17/93 in the Department of Public Works, Division of Engineering, Michael Roche, 59 Britt Ave., Buffalo, NY 14220, to the position of Junior Engineer, Provisional at the minimum starting salary of $25,394. FROM THE DEPARTMENT OF PARKS Appointment (corrected) effective May 24, 1993 in the Department of Parks, Division of Recreation to the position of Supervising Lifeguard, Temporary, at the minimum starting salary of $ 5.75 hour. Paul Delano, 807 Bird Avenue, Buffalo 14222 Christina Gannon, 166 Choate, Buffalo 14220 David Hassett, 844 Potomac, Buffalo 14216 Eric O'Connell, 340 Cumberland, Buffalo 14220 William Whelan, 108 Hammerschmidt, Buffalo 14210 Appointment effective May 24,1993 in the Department of Parks Division of Recreation to the position of Laborer II, Seasonal the flat starting salary of $6.65 hour. John Fracos, 21 Peoria, Buffalo 14207 Brian Griffin, 263 Okell, Buffalo 14220 Daniel Griffin Jr., 24 Robins, Buffalo 14220 Michael Kane, 20 Britt, Buffalo 14220 Joseph Langdon, 311 Downing, Buffalo 14220 David Ryan, 25 Coolidge, Buffalo 14220 Mary Thomas, 55 1/2 Arkansas, Buffalo 14213 Appointment effective May 24, 1993 in the Department of Parks, Division of Recreation, to the position of Supervising Lifeguard Seasonal, at the minimum starting salary of $5.75 hour. Paul Delano, 807 Bird Ave., Buffalo 14222 Christina Gannon, 166 Choate, Buffalo 14220 David Hassett, 844 Potomac, Buffalo 14216 Eric O'Connell, 340 Cumberland, Buffalo 14220 William Whelan, 108 Hammerschmidt, Buffalo 14210 Appointment effective June 1, 1993 in the Department of Parks, Division of Parks, to the position of Laborer II, Seasonal at the flat starting salary of $6.65 hour. Frank Catanzaro, 25 Burch St., Buffalo 14210 Paul Flanagan, 43 Hammerschmidt, Buffalo 14210 Appointment effective June 1, 1993 in the Department of Parks Division of Parks, Eugene Mullen, 56 Mineral Spring, Buffalo 14210, to the position of Laborer I, Temporary, at the minimum starting salary of $8.26 hr. Appointment effective June 1, 1993 in the Department of Parks, Division of Recreation, Kevin Czuprynski, 283 Wiemar Street Buffalo 14206, to the position of Recreation Instructor, Temporary, at the minimum starting salary of $20,382. FROM THE DEPARTMENT OF POLICE Appointment effective May 21, 1993 in the Department of Police Janis Marie Nimmo, 23 Riverside Avenue, Buffalo 14207 to the position of Civilian School Crossing Guard TSAR, Seasonal, at the minimum starting salary of $5.49 hr. Appointment effective May 24, 1993 in the Department of Police Edward P Smith, 97 Parkview, Buffalo 14210 to the position of Laborer I, Seasonal, at the minimum starting salary of $5.98 hr. Appointment effective June 1, 1993 in the Department of Police Susan E. Pappas, 48 Indian Church Rd., Buffalo 14210, to the Position of Account Clerk, Provisional, at the minimum starting salary of $19,346. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective May 24, 1993 in the Department of Street Sanitation Department, to the position of Laborer II, Seasonal at the flat starting salary of $6.65 hour. Daniel Cusella, 29 Archer Ave., Buffalo, New York 14210 Scott C. Hayden, 125 Como Ave., Buffalo, New York 14220 Thomas M. Knezevic, 328 Southside Pkwy., Buffalo, N.Y. 14220 Appointment effective June 2, 1993 in the Department of Street Sanitation, Keith P. Brown, 718 Eggert Road, Buffalo, New York 14215, to the position of Laborer II, Seasonal, at the flat starting salary of $6.65 hr. Appointment effective May 28, 1993 in the Department of Street Sanitation, to the position of Laborer II, Permanent, at the minimum starting salary of $9.02 hr. Brian Carrig, 53 Oakhurst, Buffalo, New York 14220 Michael L. Scanlon, 201 Cumberland Ave., Buffalo, N.Y. 14220 FROM THE DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION Appointment effective 5/24/93 in the Department of Inspections & Community Revitalization, Division of Housing and Property Inspections, Robert Golombek, 327 Weimer Street, Buffalo, New York 14206, to the position of Building Inspector, Temporary at the minimum starting salary of $ 27,249. FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective June 9, 1993 in the Department of Administration & Finance, Division of Treasury, Florrie M. Bonner 404 Marilla Street, Buffalo, New York 14220, to the position of Teller, Temporary, at the minimum starting salary of $ 20,382.00 Appointment effective June 1, 1993 in the Department of Administration and Finance, Division of Labor Relations, Rosemarie A. McKenna, 279 Starin Ave., Buffalo, NY 14216 to the position of Director of Advocacy Office (Handicapping Conditions), Permanent at the flat starting salary of $33,267. FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective May 31, 1993 in the Department of General Services, Division of Inventory & Stores, Walter J. Polak 67 Koons, Buffalo, 14212, to the position of Laborer II, Seasonal, at the flat starting salary of $6.65/Hr. FROM THE DEPARTMENT OF MUNICIPAL CIVIL SERVICE COMMISSION Appointment effective June 1, 1993 in the Department of Municipal Civil Service Commission, Jeanne Martello, 34 Paul Place, Buffalo 14210, to the position of Legal Stenographer, Permanent, at the minimum starting salary of $21,533. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 55 BERNARD J. BROWN Oppose Non-Bidding Lead-Testing, ICR Item No. 63, C.C.P., 4/27/93 The response from Inspections and Community Revitalization regarding Bernard Brown's opposition to the bidding process was not quite accurate in some of its allegations. Mr. Brown is not associated with OPTEX Environmental. His initial letter to the Council indicated this by pointing out his association with Lead Detection Services of WNY. No mention was made of his association with the Joint City/County Lead Action Task Force. ICR alleges to have put an RFP in the Buffalo News during the month of July 1992 soliciting bids for lead inspections on City owned properties. Upon searching through the micro fiche for the month of July 1992 at the Buffalo Erie County Library no such RFP could be found. ICR alleges that it was imperative that the Department ready itself for the ENACTMENT of the NEW City of Buffalo Lead Based Paint Ordinance (Chapter 261) in January of 1993 when in fact the ordinance has been in effect since July of 1991. There seems to be some confusion as to the list of responses published in the Buffalo News in July of 1992. There seems to be nothing of this nature published in the Buffalo News. ICR alleges that Seneca Lead Testing Inc. is but one of two companies licensed by The New York State Department of Labor to operate an XRF analyzer that responded to the mysterious RFP In actuality they are licensed to store and transport the device with this license. The training that the City inspectors and Seneca Lead Testing Inc. received from Warrington has a section where radiation safety is covered and therefore meets the New York State requirements for handling any XRF analyzer. Is Seneca Lead Testing Inc. a minority owned business? This is not actually clear. It is understood that the City wishes to encourage minority business activity but does this ensure that the City pays a fair price for services if all other businesses are eliminated from the bidding competition? ICR alleges that Seneca Lead Testing Inc. provided Warrington training for five ICR inspectors on April 25, 1992 at the Lord Amherst Motel. This training was not only provided for five ICR inspectors but for three inspectors from Seneca Lead Testing Inc. as well. This training was arranged for by Mr. Brown through OPTEX Environmental. Not only did the City pay for the inspectors from ICR but Seneca Lead Testing Inc. also paid Mr. Brown for each of their inspectors to attend this training session. Both Seneca Lead Testing Inc. and ICR purchased a Warrington Micro Lead I XRF analyzer from Mr. Brown through OPTEX Environmental. Although the people at Seneca Lead Testing Inc. proved capable enough to apply for their own license from New York State, ICR seemed to think that this was the responsibility of the seller, Mr. Brown. Mr. Brown saw this as a chance to endear himself to the City and started on what ended up to be an unbearable task that would last months. Mr. Brown decided that the countless hours that he spent on this would not be charged to the City. Due to Mr. Brown's inexperience with selling the device to municipalities, municipalities apply to a different State agency than do private individuals, there was confusion as to which State agency to apply to. After months of working with the New York State Department of Labor suddenly he was told that instead he should be dealing with the New York State Department of Health; by the very same people he had spent months dealing with at the New York State Department of Labor. At this point Mr. Brown, through the insistence of OPTEX Environmental, was relieved of his association with this particular deal and the rest of the situation, as far as ICR's involvement with OPTEX Environmental goes, was handled by a Mr. Brad Lang from OPTEX Environmental. So instead of receiving any kind of back slapping for all that he has done, Mr. Brown is now receiving some kind of back stabbing even though virtually all the documentation he prepared for the issuance of ICR's Radioactive Materials License from the New York State Department of Labor was used and sent into the New York State Department of Health and a recently placed individual from ICR took all the credit for a job well done. It is essential that ICR show that this bid was handled properly. Therefore, ICR is requested to furnish: A) the vendor id number for Seneca Lead Testing Inc. B) the date it was entered into the system C) the bill for the ad placed in the Buffalo News and D) the contract that was issued to Seneca Lead Testing for said testing. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE LEAD TASK FORCE. No. 56 BUFFALO CABLE ACCESS MEDIA Third Quarter Report Attached is the third quarter report (January 1, 1993 -March 31, 1993) for Buffalo Cable Access Media. This report is being filed in accordance to our contract with the City Of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 57 BUFFALO CABLE ACCESS MEDIA Approve Budget and Funding Allocation July 1, 1993 through January 31, 1994 Buffalo Cable Access Media (BCAM) is requesting the Common Council approve its 1993 - 94 operating budget allocating funds held in the Special Revenue Fund -Public Access. Currently $110,000 is available to fund BCAM from July l, 1993 through January 31, 1994. Funds disbursed will cover periods: July 1, 1993- September 30,1993 $55,000 October 1, 1993 - January 31, 1994 $55,000 Funding for the remainder of the fiscal year and subsequent years will based upon requested allocations in accordance to our five (5) year plan. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 58 BUFFALO ENTERPRISE DEVELOPMENT CORP. BEDC Budget 1994-1994 Pursuant to the Charter and Ordinance of the City of Buffalo, Article IV - City Development Agencies - Section 6-22, we are hereby submitting a copy of The Buffalo Enterprise Development Corporation budget for the fiscal year commencing June 1, 1993. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 59 TOWN OF COLDEN Favor Full State Reimbursement for Stop DWI Program Attached is a transcript of a resolution adopted by the Town Board of Colden, NY regarding the above subject. RECEIVED AND FILED. No. 60 CYSTIC FIBROSIS FOUNDATION Permission To Hang Banner Elmwood/Forest & Delaware/North In regards to the 12th Annual Rally In The Alley, we at the Cystic Fibrosis Foundation are requesting permission to hang two street banners (at two separate locations) to promote the event. We would like to hang one at Elmwood & Forest, and the other at Delaware & North - from June 28th until July 26th. As we mentioned, Rally is in its' 12th year, and we have always hung the banners at these locations in the past. Once again, all proceeds from this event will benefit the Cystic Fibrosis Foundation and allow us to get closer to a cure for this deadly disease. We would appreciate anything you could do to help us make this event a success. If you need more information, or simply have a question regarding our request, please feel free to call the CF office at 662-3710. Mr. Fahey moved: That the communication from the Cystic Fibrosis Foundation, dated May 27, 1993, be received and filed; and That the Cystic Fibrosis Foundation is authorized to hang a street banner at Elmwood & Forest, and another at Delaware & North from June 28th until July 26th, 1993, to promote the 12th Annual Rally in the Alley, subject to conditions set by the Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 61 ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY Uniland Development of Block I Pursuant to your request of May 26, 1993 I Provide the following information which the ECIDA was able to gather in regard to the Uniland Development of Block I, Inc. Project. -12/9/87 Sale Bond Inducement Presented to ECIDA Board. ECIDA Board Passed 11-0. -5/11/88 Amendatory Inducement Resolution to increase SALE Bond to $1,300,000 and to increase building Size from 16,269 sq. ft. to 19,135 sq. ft. ECIDA Board Passed 12-0. -8/9/88 Bond Sale Resolution Presented at a Special Meeting of ECIDA Board - Amount $1,150,000. ECIDA Board Passed 12-0. -9/29/88 $1,150,000 Industrial Revenue Bond closed. ECIDA took title. -Project was for the acquisition & construction of a 19,135 sq. ft. light industrial/manufacturing facility located in the Elm/Oak Industrial Corridor. Approximately January 1988 BTC Block 1 Inc. a corporation formed by Uniland Development Company acquired 1 acre of land from the Buffalo Urban Renewal Agency for approximately $29,000. -Projected employment based upon 1 employee per 350 sq. ft. Jobs at application -0-, 1st year - 46, 2nd yr - 46. -Pilot Agreements Erie County 1990-94, or until termination of lease, PILOT of $584.00. City of Buffalo -0- Pilots tax years 1989-90, 1990-91, 1991-92. For tax fiscal years 92-93 -- 2000-01, PILOTS equal to 50% of taxes due as if the Facility were owned. -On Feb. 20, 1991 Uniland notified the Agency in writing of their intent to fully redeem the industrial revenue bond for the BTC Block l project. -In March 91 the IDA transferred ownership back to BTC Block 1/21, Inc. At about the same time, BTC sold the property to the Corporation of Presiding Bishop Church of Jesus Christ of Latter Day Saints. Deed recorded 3/91, purchase price $925,000 "exempt". (Information provided by City Assessor's Office). -In regard to jobs, the first and only job survey for which they were surveyed for (6/30/90), indicated -0- jobs. Based upon the information the ECIDA has reviewed and the policies which were in effect at the time, we have found that this was an eligible project which was properly approved by the ECIDA Board. Our review of the application and file have noted no irregularities in respect to the use of Industrial Revenue Bonds or the subsequent redemption of the Industrial Revenue Bonds. Our review did not examine the other issues discussed in the Common Council resolution- possible violation of Community Development Block Grant Regulations, possible "unjust enrichment", etc. If you have any questions on the above information please do not hesitate in contacting me or Bill Reuter, Treasurer. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 62 P. HOLMWOOD Refund Interest On Taxes 27 Harbour Pointe Kindly be advised that 1 am owner of above property and purchased same on May 21, 1992. Proper papers showing change of ownership were filed in Erie County Clerk's Office on that day and subsequent calls were made by me requesting my city real estate tax bills. My answer each time was that I will receive the tax bills at the proper time. Needless to say, the first tax bill I received was my 1993 Erie County tax bill which I paid on January 29, 1993. Thereafter on or about February 1, 1993 I received a notice showing my assessment change and delinquent tax notice on my City taxes which I have presently paid. (See attached copies). My further examination revealed that the initial tax bill was forwarded not to me but instead to the executor who sold the property residing 5117 47th Avenue S., Seattle, Washington 98118. Whether this person actually received said tax bill is unknown but one thing is certain, I never received this tax bill which I was ready and willing to pay. Real Property Tax Laws Section 922 mandates the collecting officer to mail tax bills to the owner which was not in this case done. As a result of the above circumstances, I am requesting the City Council to waive the interest for which I was charged; namely, Five Hundred and Twenty-One and 21/100 ($521.21) Dollars and return same to me. One can readily understand that applying interest on the new owner under these circumstances would serve no purpose but instead unfairly and improperly impose a penalty on an innocent and blameless new owner. Thank you for your kind and courteous treatment. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 63 WALTER MATT, JR. Protest Non-Homestead Tax Rate At your convenience, I would like to meet with you to see what can be done about the non-homestead tax rate, as proposed by the Mayor. My wife and I own four non-homestead properties in the City of Buffalo, two of which are (I believe) in your district. They are as follows: Old New Address Description Assessment Assessment 744-748 Elmwood 2 stores, 6 apts $94,900 $216,100 826-828 Elmwood 6 apartments 82,300 153,000 330 Potomac 4 apartments 22,600 75,000 527 Tonawanda 1 store, 3 apts 16,500 39,900 $216,300 $484,000 As you can see, the assessments have more than doubled. Except in the case of 330 Potomac, where I thought the proposed assessment of $100,000 was way out of line, I did not protest the increases. I believe that a fair property tax system has to begin with honest values and, at least before the proposed new non-homestead tax rate was announced, I would not have sold the properties for less than their new assessed values. However, the non-homestead tax rate proposed by the Mayor is a killer. Whereas the homestead rate would drop about 45 percent, from $28.36 to $15.47 (per $1,000 of assessed valuation), the non-homestead rate would drop less than 15 percent, from $42.23 to $36. As a result, the taxes on the four properties listed above would go from $9,134 to $17,424, an increase of $8,290, or almost 91 percent. By contrast, the taxes on homestead property whose assessment increased by the same amount would increase only 22 percent, to $7,487 (or 43 percent of the non-homestead tax). Some businesses may be able to pass on higher property taxes in a relatively painless way. The Wilson Farms store at the corner of Elmwood and Auburn, for example, presumably does a volume of business that is hundreds of times the City taxes on the property. If so, they may be able to cover even a large property tax increase by increasing prices slightly. But the apartment (and store front) rental business does not operate that way. For my wife and me to recover the proposed tax increase on these four properties, we would have get an additional $8,290 from 24 rental units (including the 3 store fronts), and there is no way we can even begin to do that. None of the stores can afford to pay significantly more rent; 2 of the 3 have trouble paying the present rent. And the apartment rental business in Buffalo today is terrible. Everyone I know has vacancies. Newspaper ads frequently don't even bring any calls. So the bulk of this $8,290 in additional City taxes is going to come out of my wife and me. Somehow we will find the money because we obviously can not afford to lose our investment in these properties. But it is not fair. And I also believe it is very bad public policy. Using the rule of thumb that rental property is worth 10 times net income (before borrowing costs and depreciation), this unfair tax will decrease our net worth by about $80,000. That limits our borrowing power to continue to acquire and improve property within the City (as we have been doing for the past 6 to 7 years). More important, it tells us that we have been investing in the wrong place. I don't know exactly what can be done. The editorial in The Buffalo News a few days ago mentioned a procedure for reducing the inequity. Or maybe the is a possibility of a legal challenge . In any event, something has to be done, or else people like my wife and to start bailing out of the City. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT. No. 64 WORLD UNIVERSITY GAMES Services Requested Of City Your questions on what the City of Buffalo can do for the World University Games is very timely. There are a number of services the city could provide which would not only help the Games, but also enhance Buffalo's image among the quarter million tourists visiting the area this July: A beautification and cleanup program, focusing on city gateways and areas surrounding cultural and sporting venues would be very helpful. Timing roadwork so that there is as little disruption as possible during the Games. Completing current roadwork (the Delaware Avenue construction, near our headquarters, among others) as soon as possible. We need help finding people to act as Games' translators (particularly for Hungarian and Japanese languages) and those willing to open their homes to foreign visitors and we need people to volunteer for our transportation division during the event. Last, but not least, we would like access to City of Buffalo employees for our group sales program. We appreciate your efforts on behalf of the Games and look forward to a successful event and collaboration on future endeavors. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF PARKS AND THE COMMISSIONER OF STREET SANITATION. No. 65 WORLD UNIVERSITY GAMES Waive Parking Ordinance Restrictions The World University Games has had the great good fortune to have been offered the use of a number of pieces of property to help meet its preferred and spectator parking goals. These needs are most acute and expensive in downtown Buffalo where we are currently spending a great deal of money on commercial parking. We would like to use the property we have been offered to supplement the parking we have purchased. In some cases, the property appears most appropriate for spectator parking and we would like to be able to sell it as a revenue generating activity. We intend to staff these lots with the members of community groups which would share in the revenues. Pursuant to this goal, I contacted Councilman Arthur for advice and was directed to Mr. Gallagher of the Parking Department who explained that there are a number of ordinances that will preclude our selling parking, and offered to send me license applications which l tear will be rejected. In that event, we will he out of time to seek alternatives and will have to forego the potential revenue. I am writing to seek your assistance In getting a temporary waiver of some of these ordinances so that we and these community groups can help the city absorb the additional cars trying to park downtown. We are concerned in particular with the zoning of the Ellicott Mall property which, according to Mr. Gallagher, is zoned residential and can't be used for paid parking. We are also concerned with all ordinance that requires that paid lots be paved (we don't seek to park over tall grass and create a fire hazard). We are concerned with an ordinance that requires that paid lots be lighted. None of these ordinances forbids parking on these properties, they merely preclude charging for parking. If we can't charge, we not only forego the revenue, we will be unable to recruit volunteer groups, unable to staff the lots and unable therefore to meet our obligations to the owners. In all probability, we will not open the properties, parking will be scarce, and traffic will be nightmarish. Any assistance or counsel that you might provide will be appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. PETITIONS No. 66 Carl A. Pecora, owner, petition to use 914-916 Elmwood for a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 67 Nicholas A. Cutaia, Inc., owner, petition to use 1220 Hertel Ave. for a outdoor cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 68 Cullen Realty Corp., owner, petition to use 990 Niagara for storage/manufacturing. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 69 J. Hutcherson & O - Maintenance of Sperry Park Playground. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS. No. 70 J. LaRusso oppose rental license ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FRANCZYK- 1. No. 71 D. Henderson and Others, oppose curfew legislation. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 72 D. Frost & O, request ban on commercial vehicles using 1-300 block Moselle. REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE COMMISSIONER OF PUBLIC WORKS. No. 73 J. Ricupito, Oppose Commuter Tax Proposal. RECEIVED AND FILED. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 74 Salary Ordinance Amendment 50 Department of Human Resources 50-4 Division of Substance Abuse Services (Item No. 176, C.C.P., May 11, 1993) That the Salary Ordinance Amendment as contained in Item No. 176, C.C.P., May 11, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 75 Salary Ordinance Amendment 70-0 Department of Street Sanitation (Item No. 201, C.C.P., May 25, 1993) That the Salary Ordinance Amendment as contained in Item No. 201, C.C.P., May 25, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 76 Salary Ordinance Amendment 21-0 Department of Fire 023 Fire Alarm and Telegraph System (Item No. 202, C.C.P., May 25, 1993) That the Salary Ordinance Amendment as contained in Item No. 202, C.C.P., May 25, 1993, be and the same hereby is approved. Mr. Pitts now moved to recommit the above item to the Committee on Civil Service. ADOPTED. AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR, BELL- 2. No. 77 Ordinance Amendment Chapter 35 - Personnel Policies (Item No. 191, C.C.P., May 25, 1993) That the Ordinance Amendment as contained in Item No. 191, C.C.P., May 25, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 78 Appointment Audit & Control/Senior Data processing Equipment Operator That communication No 25 CCP Jan 19, 1993 be received and filed and the Provisional appointment of Karen Giancarlo stated above at the Intermediate salary $24,213.00 effective on Jan 11, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 79 Notices of Appointments (C. Clerk) (Item #78, CCP, May 25, 1993) That the above mentioned item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 80 Tixon/Collection Services For PVB (Item # 86 CCP Dec 22, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 81 Tixon Collection Services For PVB (A&F) (Item # 72 CCP Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 82 Installation of Vital Chek Network Inc. City Clerk/Registrar of Vital Statistics (Item No. 180, C.C.P., May 25, 1993) That the City Clerk is hereby authorized to enter into an agreement with Vital Chek Network Inc., of Hermitage, Tennessee for implementation of a certified funds transfer system. PASSED. AYES- 13 NOES- 0. No. 83 Rescind Sale of 418 Northampton (Item No. 57, C.C.P., May 25, 1993) That the action of the Common Council under Item No. 78, C.C.P., October 27, 1992 and Item No. 52, C.C.P., January 19, 1993, authorizing the sale of 418 Northampton, be and the same hereby is rescinded, the deposit of $300.00 be refunded to Mr. Emilo Castillo and the premises returned to the Comptroller for future sale or transfer. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 84 Reacquire Title of 772 Babcock 242.20' South of William Parking Lot Size 98' x 119.28 (Item No. 24, C.C.P., 5/25/93) That the proper officers of the City of Buffalo be, and they hereby are, authorized to execute such documents as are necessary to reconvey title in the above described property to Enrx Incorporated ("Enrx") upon the payment by Enrx of an amount equal to all back taxes, penalties, interest and in rem fees which would be due and owing as of the date of such reconveyance if title to such property had not been acquired by the City of Buffalo through in rem foreclosure. PASSED. AYES- 13 NOES- 0. No. 85 Braco I Refund of Excess Real Property Taxes 1992-93 (Item No. 58, C.C.P., May 25, 1993) That the Comptroller be and hereby is authorized to issue a real property tax refund for tax year 1992-93 in the amount of $46,251.49 to Braco I. PASSED. AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- BELL, FAHEY- 2. No. 86 Overpayment of Property Taxes - 376 Bryant Avenue (Item No. 197, C.C.P., May 25, 1993) That the Department of Assessment review the property tax bill for the property listed at 376 Bryant Avenue; and That this property tax bill be adjusted to reflect the proper amount of property tax to be paid; and That this Common Council authorize the repayment of Elizabeth Andkor of the excess amount of property taxes paid. PASSED. AYES- 13 NOES- 0. No. 87 Excess Trash Pick Up at 140 Box Avenue (Item No. 91, C.C.P., May 25, 1993) That the Common Council approves the cancellation of charges imposed for excess trash pick up in the amount of $224.39 at 140 Box Avenue. That the Common Council requests the Comptroller to remove such charge from his accounts receivable and the Commissioner of Street Sanitation to correct his records to indicate the cancellation of this charge. PASSED. AYES- 13 NOES- 0. No. 88 Ransom Auto/Junk Vehicle Bid Offer (Item # 100 CCP Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 89 Junk Vehicle Bid Offer (CC) (Item # 62 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 90 Junk Vehicle Bid Offer (Pol) (Item # 55 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 91 Junk Vehicle Bid Offer (A&F) (Item # 70 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 92 N. Shtipleman/Concerns Demolition/1489 Fillmore (Item # 94 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 93 Mroziak/Concerns Demolition/1489 Fillmore (Item # 86 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 94 NYSDOH/Demolition Of 1489 Fillmore (Item # 82 CCP May 11, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Demolition Of 1489 Fillmore (EMC) (Item # 13 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 96 Demolition Of 1489 Fillmore (ICR) (Item # 66 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 97 Health Benefits of Common Council Staff and Exempt Employees Item No. 196 C.C.P., May 21, 1993) (Item No. 37, C.C.P., May 21, 1993) That the Common Council request' the Commissioner of Administration and Finance and the Corporation Counsel to file a report with this Honorable Body by 2:00 p.m. on June 17, 1993 as to the manner in which this Body can offer to its employees of our staff, Council Staff, the City Clerk and Deputy City Clerk the least expensive health insurance the city currently offers and require employee contributions for any plan other than the least expensive, and That this Common Council urge the Mayor to establish a similar policy for his exempt employees. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 98 Health Benefits Staff/Exempts (CC) (#56 3/30) (Item # 38 CCP May 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 99 Holy Name Church - 228 Brinkman - Halfway House (Item No. 92, C.C.P., May 25, 1993) That pursuant to Section 511-94 of the Buffalo Code, the petition of Holy Name Catholic Church, owner to use 228 Brinkman for a halfway house be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 100 Kilimanjaro/Restaurant Dancing/2987 Bailey (PW) (Item # 46 CCP Jan 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR, COLLINS- 2. No. 101 Encroach New Facade - 1461 Main Street (Item No. 48, C.C.P., May 25, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Ms. Lynn Lougen, Architect, as agent for the Geneva B. Scruggs Health Care Center, located at 1461 Main Street, to install a new facade which would encroach city right-of-way at said address, subject to the following conditions. 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the facade be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That, after installation, the new facade extends no more than 6.5 inches from the building face into City right of way. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said facade. PASSED. AYES- 13 NOES- 0. No. 102 Local Law Intro. No. 4 (1993) Mayor's Advocacy Office for Persons with Disabilities (Item No. 194, C.C.P., May 25, 1993) That the Local Law as contained in Item No. 194, C.C.P., May 25, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 103 Ordinance Amendment Ch. 75/Music (Item # 193 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Ordinance Amendment Ch. 75/Amusements (Item # 194 Apr 27, 1993 CCP That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 Ordinance Amendment Ch. 370/1/Restaurants (Item # 207 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Ordinance Amendment - Chapter 75-13 Music (Item No. 198, C.C.P. May 25, 1993) That the Ordinance Amendment as contained in Item No. 198, C.C.P., May 25, 1993, be and the same hereby is approved. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 107 Ordinance Amendment - Chapter 75 Amusements (Item No. 199, C.C.P. May 25, 1993) That the Ordinance Amendment as contained in Item No. 199, C.C.P., May 25, 1993, be and the same hereby is approved. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 108 Ordinance Amendment - Chapter 370 Restaurants (Item No. 200, C.C.P. May 25, 1993) That the Ordinance Amendment as contained in Item No. 200, C.C.P., May 25, 1993, be and the same hereby is approved. PASSED. AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4. No. 109 Ordinance Amendment - Chapter 235 Transportation of Waste Tires (Item No. 179, C.C.P. May 25, 1993) That the Ordinance Amendment as contained in Item No. 179, C.C.P., May 25, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 110 Ordinance Amendment - Chapter 103 Building Construction and Demolition; Fire Prevention (Item No. 196, C.C.P. Apr. 27, 1993) That the Ordinance Amendment as contained in Item No. 196, C.C.P., April 27, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 111 Home Rule Message 51132 & A1927 Discontinue Portion of Tyler Park (Amended) (Item No. 2, C.C.P., May 25, 1993) That the Home Rule Message as contained in the above item be and hereby is approved. Mr. Coppola now moved that the above item be received and filed. ADOPTED. No. 112 Dumping On NFTA Property Starin/Taunton (Item # 183 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 NYSDEC/Illegal Dumping Starin/Taunton (Item # 86 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Dr. Castellani/Request Repairs Of Streets, etc On Main St. (Item # 87 CCP May 11, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Repairs To Main Street (PW) (Item # 49 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Oppose Transracial Adoption Legislation(#179 4/27) (Item # 172 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola now moved to recommit to the Committee on Legislation ADOPTED. No. 117 Oppose Sewer Tax Increase (Item # 180 CCP Apr 27,1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Status Of R. Makowski (Sts) (Item # 50 CCP May 11, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Extension Of Contract/Zebra Mussel Control/Elia (Item # 27 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Appointment of Trustee to Jesse Ketchum Memorial Fund (Item No. 1, C.C.P., May 25, 1993) That the appointment of Trustee of the Jesse Ketchum Memorial Fund of Leeland N. Jones, Jr., 89 East Depew Street, Buffalo, 14214, be and hereby is confirmed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 121 LDA - Carlton/Washington - VNA Realty (Item No. 59 C.C.P., May 25, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Bell the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Maria Scinta Dennis Penman Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Fahey now moved that: WHEREAS, the Buffalo Urban Renewal Agency has duly designated VNA Group Realty, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That VNA Group Realty, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of Oak Street Redevelopment project NYR-197. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to VNA Group Realty, Inc. and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 122 Agreement with the NFTA for Removal of Bridge near LaSalle Transit Station (Item No. 178, C.C.P., May 25, 1993) That the City of Buffalo hereby agrees to hold the NFTA harmless from any incremental capital costs that are necessary to cross Main street pursuant to a method that is determined a time of construction on a joint basis by the City, the NFTA NYSDOT. All possible options will be considered at the appropriate time, including at-grade as well as grade separated alternatives. That any agreement with the NFTA includes such safeguards to the City of Buffalo as shall be deemed necessary and appropriate by the Corporation counsel. That the Mayor is hereby authorized to execute any all contracts necessary to implementing the removal of the subject bridge. That this Common Council will continue to work with Horizons Waterfront Commission to make the vision of the Action Plan a reality. ADOPTED. No. 123 Agreement with NFTA Remove Bridge Near LaSalle Station(CD) (Item # 50, CCP, May 25, 1993) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 124 Support for the Final Horizons Waterfront Commission Action Plan (Item No. 179, C.C.P., Mar. 16, 1993) That the Common Council of the City of Buffalo adopt this resolution in support of the final Horizons Waterfront Commission Action Plan, and That this Common Council will continue to work with the Horizons Waterfront Commission to make the vision of the Action Plan a reality. ADOPTED. No. 125 NFTA/Change Use From Storage Pads To Parking/Pier Area (Item # 84 CCP May 11, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 Citizens Alliance/Warranty Work Problems/23 Mendola (Item # 77 CCP May 11, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Citizens Alliance/Warranty Work 23 Mendola (Item # 81 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 128 By: Mr. Amos Reestablish Task Force on Landlord - Tenant Relations and Housing Conditions Whereas: The issue of safe, suitable, affordable housing, and good landlord - tenant relationships continues to be a serious one in the City of Buffalo; and Whereas: Problems that continue to hamper the local housing market are a deteriorating housing stock, deplorable living conditions for tenants, inadequate rental reimbursement to private landlords by the Department of social Services and a welfare voucher system that needs to be restructured; and Whereas: A comprehensive and systematic approach to identify and correct problems in areas where local jurisdiction holds influence is imperative; and Whereas: If they are not addressed, the problems surrounding private and public housing for those on both sides of the issue will only worsen, mortgages will continue to not be met and properties will continue to be foreclosed upon, money for upkeep and repairs will continue to be a problem, houses will be condemned and demolished, and there will be an even bigger problem with affordable housing for low-income families in the years to come; and Whereas: Various individuals, groups and agencies throughout Western New York have expressed a desire to undertake the task of addressing local housing problems; and Whereas: There is the need for this Common Council to provide the leadership and initiative to establish a forum to seriously address these issues so that good low income affordable housing does not become a thing of the past in the City of Buffalo. Now, Therefore Be It Resolved That: A Task Force be established and charged with the responsibility of identifying specific issues of local concern like Landlord-Tenant relations, landlord licensing, housing conditions and proposing solutions for the issues; and Be It Further Resolved That: This Task Force include representatives of the Common Council, the Erie County Legislature, The County Department of Social Services, Buffalo City Court, The City Department of Inspections and Community Revitalization, The Buffalo Municipal Housing Authority, the Corporation Counsel, City property investors, organizations representing tenants, and any other groups or individual who may assist in the effort to address this issue; and Be It Finally Resolved That: This Honorable Body directs the City Clerk to forward certified copies of this resolution to those listed above in order that they may designate their representative to the Task Force and file the name of their appointment with this Council. ADOPTED. No. 129 By: Mr. Bell Memorialize the United States Congress to Protect and Ban the Selling of Names or Credit Information to Agencies of Companies for Profit Whereas: The age of the credit card has brought an onslaught of television shopping, catalogue ordering, and a norm for requiring one to possess a credit card for simple things like renting an automobile or to open movie video membership; and Whereas: With the credit card instilled as a major component of American life, the business of selling goods and services using credit accounts has grown enormous and is dependent largely upon customers in good credit standing; and Whereas: The practice of buying and selling volumes of personal credit information to expand sales of companies for profit has led to the mismanagement and theft of this vital information which in turn costs millions in losses and ruined credit for countless persons; and Whereas: In the age of credit, a person's name, social security number, job information and credit standing are just as valuable as the dollar bill; and Whereas: The misuse of a person's personal credit information could be controlled by protecting the information and banning the sale of personal names and credit information to agencies or companies for profit. Now, Therefore Be It Resolved That: This Common Council memorializes the United States Congress to pass legislation to protect and ban the selling of personal names or credit information to agencies of companies for profit; and Be It Further Resolved That: The City Clerk be directed to send certified -copies of this resolution to the United States Senate, the United States House of Representatives and the Western New York Delegation to the United State Congress. ADOPTED. No. 130 By: Mr. Bell Request Restudy of Buffalo River Flood Plain Whereas: According to information from the Army Corps of Engineers, the Hillery Street/Mineral Springs Road area is located in Zone All of a one hundred (100) year old flood plain for the Buffalo River; and Whereas: The Federal Emergency Management Agency has recently remapped the area immediately upstream from the Hillery/Mineral Springs location in the Town of West Seneca, which resulted in a reduced flood plain for the Buffalo River; and Whereas: The City of Buffalo may request a restudy of the Buffalo River flood plain within the city limits based on the reduced flood plain elevations in the contiguous community of West Seneca; and Whereas: The Department of Community Development, Department of Public Works, and the Buffalo Sewer Authority should join together to request a restudy of the City's one hundred year old flood plain for the Buffalo River for a similar reduction if so warranted; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo request that the Department of Community Development, in conjunction with the Buffalo Sewer Authority and the Department of Public Works, formally request the New York State Department of Environmental Conservation and the Federal Emergency Management Agency to restudy the Buffalo River flood plain within the city limits. ADOPTED. No. 131 By: Mr. Collins Transfer of Funds Appropriation Allotments - Exempt Items Reserve for Capital Improvements Division of Buildings That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,223 be and the same is hereby transferred from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $4,223 To: 200 Capital Projects Funds 40-2 - Division of Buildings 518 - Construction of University Heights Community Center $4,223 PASSED. AYES- 13 NOES- 0. No. 132 By: Mr. Collins Transfer of Funds Appropriation Allotments - Exempt Items Reserve for Capital Improvements 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 $5,587 be and the same is hereby transferred from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items -and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $5,587 To: 200 Capital Projects Funds 40-2 - Division of Buildings 024 - Old First Ward Community Center $5,587 PASSED. AYES- 13 NOES- 0. No. 133 By: Mr. Collins Transfer of Funds Appropriation Allotments - Common Council - Travel & Transportation City Clerk - Capital Outlay 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 $15,000 be and the same is hereby transferred from Appropriation Allotments - Common Council - Engineering and Technical Services account, as set forth below: From: 100 General Fund 01-0 Common Council 001 - Legislative 573 - Engineering and Technical Services $15,000 To: 100 General Fund 01-1 City Clerk 085 Capital Outlay 982 - Operating Equipment $15,000 PASSED. AYES- 13 NOES- 0. No. 134 By: Mr. Collins Bond Resolution $2,160,000 Serial Bonds Reconstruction of the Tifft Street Bridge Account 200-401-012 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,160,000 General Improvement Serial Bonds of said City, to finance the cost of Partial Reconstruction of the Tifft Street Bridge, at the estimated maximum cost of $2,160,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Million One Hundred Sixty Thousand Dollars ($2,160,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction of the Tifft Street Bridge. The estimated maximum cost of said specific object or purpose for the City for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is Two Million One Hundred Sixty Thousand Dollars ($2,160,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Local Match-Tifft Street Bridge 1992-93," Bond Authorization Account No. 200-401-012, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,160,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 10. of the Local Finance Law, is twenty (20) years (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 8, 1993 LAID ON THE TABLE. No. 135 By: Mr. Collins Bond Resolution $3,000,000 Serial Bonds Reconstruction of Truscon Building Account 200-402-022 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,000,000 General Improvement Serial Bonds of said City, to finance the cost of the Partial Reconstruction of the Truscon Building in the City, at the estimated maximum cost of $3,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Three Million Dollars ($3,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the building known as the Truscon Building in the City, for use as a maintenance and storage facility by the Department of Public Works. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Truscon Building 1992-93," Bond Authorization Account No. 200-402-022, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $3,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" Construction as defined by Subdivision 11 a. 11. (b) of the Law and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be -provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 8, 1993 LAID ON THE TABLE. No. 136 By: Mr. Collins Ordinance Amendment Chapter 35 - Personnel Policies The Common Council of the City of Buffalo does hereby ordain as follows: That Section 35-33 of Chapter 35 be amended to read as follows: 35-33. Hospital and medical insurance. Hospital and medical insurance for elected and appointed officers and employees shall be as defined herein: (C) Alternate medical insurance deduction. Should the monthly premium payment for coverage in the plan chosen by the employee exceed the monthly premium payment paid for the "Base Plan", the difference in the premium payment between the plan selected by the employee and the "Base Plan" as determined on January l of that year, or such other annual date as may be established by the City, shall be deducted from the employee's paycheck, said deductions to commence August l, 1993. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance Is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 137 By: Mr. Collins Ordinance Amendment Chapter 361 of Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That the following provision of Chapter 361, Records of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Chapter 361, Records Fee 361-8, Filing of certain papers or records For use of a marriage room in the City Clerk's office during the performance of a marriage ceremony [$10.50] $15.00 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. PASSED. AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- ARTHUR, COLLINS, COPPOLA- 3. No. 138 By: Mr. Collins Set Public Hearing Stadium Heights New Housing Project - 15 Approval of Land Disposition Agreement Aicha Construction Company, Inc. Whereas, Aicha Construction Company, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of five (5) residential units of new housing known as the Stadium Heights New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 11th day of June 1993. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 22nd day of June 1993. ADOPTED. No. 139 By: Mr. Coppola Extend Moratorium on Nuclear Testing Whereas: The nuclear weapons testing moratorium passed by Congress in September, 1992, ends on July l, 1993; and Whereas: At that time, Congress instructed the President not to resume testing until July l and only after he had submitted plans for negotiating a Comprehensive Test Ban by 1996; and Whereas: There is a move afoot to allow fifteen more tests between now and 1996, and to negotiate a treaty which would allow underground testing forever; and Whereas: There is no need for fifteen more tests as the United States has other ways to assure that its warheads are accurate, including computer simulation, nor is there a need for underground testing forever; and Whereas: If the moratorium is maintained until a Comprehensive Test Ban is signed, it is believed that the nuclear arms race would end; and Whereas: A Comprehensive Test Ban treaty is considered to be the most effective action that the United States could take to halt nuclear proliferation. Now Therefore Be It Resolved That; This Common Council supports the extension of the moratorium on nuclear testing and urges the President of the United States to strongly advocate for a Comprehensive Test Ban, which we believe would be the most effective action to halt nuclear proliferation; and Be It Further Resolved That; This Common Council further encourages the Governor of New York State, the State Senate and Assembly, and the Erie County Executive and County Legislature to oppose any further nuclear testing and support a Comprehensive Test Ban for nuclear weapons; and Be It Finally Resolved That: The City Clerk forward certified copies of this resolution to the President of the United States, the Governor, Senate and Assembly of New York State, and the County Executive and Legislature of Erie County. ADOPTED. No. 140 By: Mr. Fahey Buffalo Forge Task Force Whereas: Recently employees of the Buffalo Forge Plant at 490 Broadway in Buffalo were informed that the new owner of the facility will gradually discontinue all manufacturing operations at that site this fall; and Whereas: This action by Howden Group PLC, the owner of Buffalo Forge, will result in the loss of an estimated 400 jobs by the end of this year; and Whereas: The company's marketing, engineering and contract management functions for industrial fan products and its machine tool functions will remain in Buffalo, leaving approximately 100 employees at the site; and Whereas: This decision, which reportedly came after Howden evaluated its eight fan equipment plants in North America, is a devastating setback for the Buffalo economy, which can ill afford to lose more manufacturing jobs; and Whereas: It is important for this community to make a unified effort to work with the ownership of Buffalo Forge to keep that plant fully functioning in the city of Buffalo; Now, Therefore Be It Resolved: That this Common Council establish a Buffalo Forge Task Force to be comprised of representatives from the following: Howden Group PLC Buffalo Forge employees Buffalo Urban Renewal Agency Western New York Economic Development Council Erie County Industrial Development Agency; and Be It Further Resolved: That this task force be charged with making recommendations regarding what can be done to restore the jobs at Buffalo Forge that are targeted for elimination, to ensure that the jobs the company intends to keep in Buffalo are maintained, and to find alternate employment for workers and re-use for the 460 Broadway site if the announced cutbacks are implemented; and Be It Further Resolved: That this task force issue a final report on or before December 31, 1993; and Be It Finally Resolved: That the City Clerk forward certified copies of this resolution to all of the entities named herein. ADOPTED. No. 141 By: Messrs. Fahey and Franczyk Declaring June 22, 1993 Car Free Day in Buffalo Whereas: America's love affair with the automobile has brought a great deal of prosperity to Western New York and has increased our freedom to travel to levels unimaginable even a few generations ago; and Whereas: Nevertheless, our society has begun to confront the environmental down side of the one-person, one-car ethos in the form of the greenhouse effect, oil spills, and smog; and Whereas: In addition, dependence on foreign petroleum supplies and the depletion of oil reserves worldwide both signal that only by using our cars wisely today will we allow future generations to enjoy the benefits of automobile travel; and Whereas: In an effort to accent these points, this Common Council designates June 22, 1993 "Car Free Earth Day"; and Whereas: Citizens are encouraged to reflect on the issues surrounding transportation and the environment and to leave their cars at home for a day in favor of walking, biking, busing or car pooling; and Whereas: It is the feeling of the sponsors that this Car Free Days will create a positive and festive Summer atmosphere in Western New York because the suggested alternative forms of transportation put people in greater touch with each other and their environment than driving alone does. Therefore Be It Resolved That: This Common Council hereby declares the day of June 22, 1993 to be Car Free Day in Buffalo and encourages the citizens of this city to reflect on the issues surrounding transportation and the environment. Be It Further Resolved That: This Common Council encourages citizens to relinquish the use of their cars for just one day in favor of walking, biking, busing or car pooling in order to increase their appreciation and understanding of alternative forms of transportation. ADOPTED. No. 142 By: Messrs. Fahey and Higgins Hearing on West Valley Whereas: On four previous occasions this Council has passed resolutions critical of the use of West Valley as a nuclear waste dump; and Whereas: Apparently the Council's please, as well as those of citizen groups and other local governments such as the Erie County Legislature, have fallen on deaf ears as the nuclear industry and the state of New York continue to zero in on this community south of Buffalo; and Whereas: As mentioned in earlier resolutions the city has an interest in this proposal because it could potentially contaminate the city's water supply, and increase the possibility of a local accident involving the transportation of nuclear waste; and Whereas: In addition, as recent reports indicate, opening the door to more nuclear waste at West Valley could easily lead to this site becoming the nuclear dumping ground for the eastern half of the United States; and Whereas: Western New York is already struggling to ward off a reputation as the dumping ground of the Northeast; and Whereas: There are alternatives to the use of West Valley including well thought out bills by Senators Sheffer and Present and Assembly members Hoyt and Tokasz which would develop regulations for the above ground, monitored, retrievable storage of low-level radioactive waste at the point of generation; and Whereas: These bills would establish a DEC regulated storage facility for medical, biomedical and other non-utility nuclear waste which could not be stored at the point of generation; and Now Therefore Be It Resolved, that: This Common Council requests Governor Cuomo or his representative to attend a public hearing in Council Chambers to discuss the use of west Valley as a nuclear waste storage site with the Council, State and County Legislators, and the public; and Be It Further Resolved, that: Because action on this issue my be taken soon, this hearing should take place before June 25th at a date and time which is convenient for the Governor; and Be It Finally Resolved, that: The City Clerk is directed to send a certified copy of this resolution to the Governor, to the Clerk of the Erie County Legislature, and to the Western New York State Legislature delegation. ADOPTED. No. 143 By: Messrs. Fahey and Pitts Farmers Market Whereas: The Main Place Pedestrian Mall's Farmers Market is an extremely popular summer event downtown; and Whereas: The Farmers Market provides downtown workers with a convenient and accessible venue to shop; and Whereas: Traditionally the market has been located on Main St. between Court and Church St., and Whereas: This year Buffalo Place has moved the market to Main St. between Mohawk and Huron; and Whereas: The vendors are upset with the move and are losing considerable amounts of money; and Whereas: Buffalo Place has not moved the market back to its original position at the request of the vendors. Therefore Be It Resolved That: This Common Council requests that a representative of Buffalo Place and the Department of Community Development explain the reasoning behind the move and why it cannot be remain in its traditional location. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, BUFFALO PLACE AND LEONARD WALENTYNOWICZ/FARMERS MARKET. No. 144 By: Mr. Franczyk Illegal Dumping - Dorothy and Gilbert Streets Whereas: The area bounded by Babcock, Dorothy and Gilbert Streets is routinely used as an illegal dump site for garbage and bulk trash. This area is sparsely populated and geographically isolated between railroad tracks, an abandoned factory and industrial sites, allowing dumping to take place undetected; and Whereas: Numerous complaints have been received from area residents and businesses alike. As soon as the street Sanitation Department cleans up the area, the dumping resumes immediately and trash continues to accumulate; and Whereas: A recent inspection of the site revealed large plastic bags of roofing and construction debris, a large pile of tires, a heap of rotting watermelons, a number of discarded automobile gasoline tanks, numerous bags of lawn maintenance refuse, empty paint cans, discarded refrigerator and couch, and more; and Whereas: Residents and businesses along Dorothy and Gilbert Streets are exasperated with the City's inability to catch and fine the illegal dumpers, and have offered their help in solving this problem, including use of security cameras for surveillance purposes; and Whereas: The present situation provides an excellent opportunity to engender cooperation between area residents, businesses and the city; Now Therefore Be It Resolved: That the Commissioner of street Sanitation direct his personnel, including Detective Robert Maturski, to contact the following individuals and coordinate efforts to eliminate illegal dumping along Dorothy and Gilbert Streets: John Pittner, 1249 Clinton Street, Buffalo 14206, 852-0099; Douglas Stiglmeier, General Manager, Westvaco Corporation, 95 Dorothy Street Buffalo 14206, 822-3131; Richard Hornberger, Director of Maintenance, AIM National Lease, 73 Gilbert Street, Buffalo 14206, 826-6864; Stephen Kowalow, 1304 Clinton Street, Buffalo 14206, 874-3790. ADOPTED. No. 145 By: Messrs. Franczyk and Perla Request Annual Reports Regarding The City Recycling Program Whereas: There has been no formal mechanism established whereby periodic reports on the city's recycling program are made available to the public; and Whereas: Last year the Department of Public Works prepared a "Comprehensive Recycling Analysis" as part of a county-wide Solid Waste Management Plan; and Whereas: The Recycling Analysis provided much needed information on the current state of the recycling program as well as future projections for the program; and Whereas: The recycling program has both environmental and financial importance to the city and its performance should be well documented on an annual basis; Now therefore be it resolved, that: This common Council requests the Departments of Public Works and Street Sanitation to file an annual report by October 1st of each year documenting the following aspects of the city recycling program in the previous fiscal year: Tonnage figures for each type of waste recycled, composted, reduced or reused as a result of city programs; Dollar figures on the 'sales of items collected for recycling; A short description of how each class of recycled material is processed and recycled, including the names of the involved companies; Changes in the composition of solid waste generated in the city; Changes in recycling market conditions which have affected or are likely to affect the recycling program; Success in meeting projections from the Comprehensive Recycling Analysis of 1992. ADOPTED. No. 146 By: Messrs. Higgins and Amos Ordinance Amendment Chapter 35 - Personnel Policies The Common Council of the City of Buffalo does hereby ordain as follows: That Section 35-26 of Chapter 35 of the Code of the City of Buffalo be amended to read as follows: 35-26. Survivors' benefits. Effective January 1, 1983, whenever any officer or employee of the city dies as a natural and proximate result of injuries sustained in the performance of his duty and is survived by a spouse and/or dependent children, the city shall continue to provide the group hospitalization, surgical-medical and dental benefits in effect at the time of the death until the surviving spouse dies [or remarries]. Approved As To Form: Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] to be deleted. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 147 By: Mr. Higgins Ordinance Amendment Chapter 249 - Inspections The Common Council of the City of Buffalo does hereby ordain as follows: That Section 249 - 7 of Article II of Chapter 249 of the Code of the City of Buffalo be amended by adding a new subdivision (a) to read as follows: Sec. 249 - 7 (a) Procedures for Inspections and Compliance Any complainant (ie. citizen, neighborhood group or association, block club, Councilmember, or other interested party), upon knowledge of a problem property within the city of Buffalo, may notify, in writing, the Commissioner of Inspections and Community Revitalization. Upon receipt of this notice, the Commissioner of Inspections and Community revitalization shall, within twenty four (24) hours, direct a certified city Building and Property Code Enforcement Officer to fully inspect said property. The inspection shall commence at the earliest available date following the directive, in a time period not to exceed five (5) working days. Upon completion of the inspection and the determination of any violation(s), notice of said violation(s) found at the property in question shall be served to any individual, partner, or corporate owner of record. The notice of violation(s) shall be specific in listing and detailing the existing violation(s). Additionally, the notice shall include a directive as to the obligation of the property owner to correct the violation(s), and shall detail the actions required to bring the property into compliance with the city Property and Building Code. The notice of violation shall be dated with the date the inspection is completed, and immediately forwarded to the owner. Beginning on the date that the notice is dated, the property owner shall have thirty (30) days to correct any and all violations cited or to file a notarized letter of intent with the Commissioner of Inspections and Community Revitalization and with the City Clerk detailing the repair schedule for the property. To be a valid letter of intent, the letter must include a date specific schedule for any and all repairs required to bring the property into code compliance. Penalties for Non Compliance: If, after the thirty (30) day period, any and all violations are not corrected or the notarized letter of intent has not been filed with the Commissioner of Inspections and Community Revitalization and the City Clerk, said property owner shall be assessed a mandatory two hundred and fifty dollar ($250.00) fine and shall be scheduled for arraignment in City Housing Court. Arraignment for Building and Property Code violations shall be scheduled within fourteen (14) days of the expiration of the thirty (30) day compliance period. The City Court Judge assigned to Housing Court is encouraged to impose maximum penalties against persistent and blatant violations of the city Building and Property Code. Maintenance of Records: The Commissioner of Inspections and Community Revitalization shall keep specific, concise, and current records of all inspections performed, particularly for properties deemed problem properties, for presentation in City Housing Court. Definitions: For purposes of this section, the following terms shall have the meanings indicated: Problem Property - Any property within the corporate boundaries of the City of Buffalo which has been previously cited and subsequently found in violation of the Building and Property Code of the City on at least two (2) previous occasions or which has been the subject of repeated complaints, is conspicuous in its state of deterioration and neglect, is a continuous source of concern in the community, and displays no evidence of a good faith effort to be brought into compliance with the Building and Property Code of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 148 By: Mr. Higgins Liability for Demolition Costs of 1489-1495 Fillmore Avenue (the former General Electric Lamp Works Plant) Whereas: The City Charter and Ordinances, Chapter 113-14 Personal Liability, says that any person, firm, partnership or corporation who shall have owned property at a time when the property became "abandoned, dilapidated, deteriorated, decayed or unattractive shall be personally liable for the cost of demolition;" and Whereas: The City of Buffalo obtained 1489-1495 Fillmore Avenue through In-Rem property tax foreclosure proceedings in November 1986; and Whereas: The City of Buffalo is now the owner of record and has, in response to neighborhood concerns for public safety, entered into contract with Integrated Waste Services for emergency demolition of 1489-1495 Fillmore Avenue (the former General Electric Lamp Works Plant) at a cost to city taxpayers of almost $500,000; and Whereas: Many national corporations have closed, consolidated or have moved from Buffalo leaving their obsolete manufacturing complexes for the city to demolish and clean up; and Whereas: Often times the demolition of these complexes leads to the discovery of hazardous waste dumping and other environmental problems associated with their former use; and Whereas: The City of Buffalo must develop and sustain an aggressive strategy to hold former industrial operators personally liable for the demolition and clean up of the mess they have created and have subsequently left to the City of Buffalo. Now, therefore, be it resolved: That the City Corporation Counsel immediately contact and make a formal request of the previous owners of 1489-1495 Fillmore Avenue to assume the cost of demolishing the complex; and Be it further resolved: That if the previous owners do not respond to the city's request, that legal action be brought against the former owners to pay and/or recover the cost of demolition of 1489-1495 Fillmore Avenue; and Be it finally resolved: That the City Clerk forward certified copies of this resolution to the City of Buffalo Corporation Counsel and Commissioner of Inspections & Community Revitalization. ADOPTED. No. 149 By: Messrs. Perla and Bakos Exclude the Niagara and Lovejoy Districts From Tree Spraying Operations Using the Pesticide Sevin Whereas There has been considerable controversy over the use of the pesticide Sevin to control the destruction inflicted on the city's elm trees by the elm leaf beetle; and Whereas: The Pesticide Sevin is believed to cause various detrimental human health hazards and potential negative impacts on the ecosystem attributed to Sevin's main active ingredient Carbaryl; and Whereas: Questions remain whether foliar spraying of Sevin is effective at killing the elm leaf beetles given Buffalo's erratic weather and the age of the city's stock of Sevin; and Whereas: Carbaryl, the active ingredient in Sevin remains toxic for approximately 7 to 28 days in soil, l to 30 days in water and 30 to 120 days in air Which creates a high risk of exposure to people and pets a distance away well after the initial time of spraying; and Whereas: The Pest Management Board has identified less toxic pesticides and programs Which they believe if utilized and deployed correctly would be effective alternatives to Sevin in combating the Elm Leaf Beetle Problem Now, Therefore Be It Resolved That: This Common Council requests the City Parks Department exclude the Niagara District from tree spraying operations using the pesticide Sevin. ADOPTED. No. 150 By: Mr. Perla The Buffalo Sewer Authority Assume Responsibility For Maintaining The Existing Sewer Line on York Street. Whereas: The properties located at 180, 178, 174, 170, 168, 166, 162, 160 York Street, are currently connected to a private sewer line, a fact which only became known to them within the past month; and Whereas: Although this sewer line was constructed in the 1920's as a private line, it has served as a public line connected to a Buffalo Sewer Authority line on Sixteenth Street and has never been assumed or serviced by the Buffalo Sewer Authority; and Whereas: This unique situation has prevented access by both private plumbers and the Buffalo Sewer Authority in conducting proper inspections; and Whereas: Since this sewer line has not been inspected or maintained by anyone in the past 60 years, its condition is unknown which may prove to be a health hazard in the future; and Whereas: The Buffalo Sewer Authority has an obligation to the residents of these properties who have been paying for sewer service and deserve the same services that any other resident of the City of Buffalo receives; and Now, Therefore, Be It Resolved: That the Common Council request the Buffalo Sewer Authority to take one the following actions: 1. Assume the responsibility of the existing lines behind these properties and service that line just as others in the City; 2. Install a new sewer line to service these residents; 3. Connect this private line to an existing city line that can be properly serviced. ADOPTED. No. 151 By: Mr. Perla Hispanic Health Fair Whereas: Roswell Park Memorial Institute, Hispanics United of Buffalo, the Hispanic Women's League and various local health institutions and providers are jointly sponsoring the Third Annual Hispanic Health Fair on June 12, 1993; and Whereas: Founded in 1991 by Martha Oliveras, the Hispanic Health Fair is held so that local Health Institutions and providers can reach out to the community and bring their services to the people and the neighborhoods; and Whereas: The stated purpose of the Health Fair is to promote health and wellness in the Hispanic Community, emphasize the importance of health and preventative health, educate and provide orientation to the community, and offer free health examinations and screening to the public; and Whereas: A program such as the Hispanic Health Fair is very beneficial to the community and is a prime example of the generosity and good will that enables Buffalo to live up to its billing as the City of Good Neighbors; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo commend Roswell Park Memorial Institute, Hispanics United of Buffalo, The Hispanic Women's League and the participating local health institutions and providers for their dedication to the community in sponsoring the Third Annual Hispanic Health Fair; and Be It Further Resolved: That to recognize their efforts, this Honorable Body proclaim June 12, 1993 "Hispanic Health Fair Day" in the City of Buffalo. ADOPTED. No. 152 By: Mr. Pitts Set Public Hearing Proposed Land Disposition Agreement For A South Ellicott - Phase II 221-225 Seneca Street Whereas, Michigan-Seneca Group, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of 221-225 Seneca Street in the South Ellicott-Phase II Urban Renewal area. Whereas, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and Whereas, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 11th day of June 1993. 2. That this Common Council will conduct a Public Hearing on the matter stated in said -"Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 22nd day of June 1993. ADOPTED. No. 153 By: Messrs. Pitts and Amos Commission a Security Alarm Board Whereas: According to national crime statistics, crime occurrences have almost doubled across urban America over the past decades; and Whereas: The City of Buffalo, which reported approximately 100 homicides in 1992, has not been immune to the crime wave which has crashed down on our communities; and Whereas: More and more citizens are installing security alarm systems of various kinds in efforts to protect their family and fortify their homes against intruders; and Whereas: In response to the current crime crisis numerous security alarm vendors have entered the market offering a wide range of alarm systems utilizing sound, motion, and weight sensors offering automatic dispatch links to local police departments; and Whereas: Commissioning a City Security Alarm Board to examine and scrutinize the design, workmanship and overall performance of security alarm systems in relation to their impact on deterring crime and compatibility with local law enforcement agency operations would offer more effective regulation; and Whereas: Commissioning a Security Alarm Board in addition to requiring the alarm companies to be licensed to operate within the city would provide our citizenry with superior alarm systems approved and recognized by the City and local law enforcement agencies. Now, Therefore Be It Resolved That: This Common Council requests the City Corporation Counsel to add a Security Alarm Examining Board to the existing list of examining boards. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 154 By: Messrs. Pitts and Perla Discrimination at Transit Valley Country Club Whereas: The recent action of the membership committee at the Transit Valley Country Club, whereby an application for membership by Buffalo Sabres goalie Grant Fuhr, who is Black, was rejected, has been justly criticized and condemned by the media and people from all corners of the community; and Whereas: Although the Club denies that race was a factor, Transit Valley Country Club does not have any Black people among its membership; and Whereas: Mr. Fuhr, who is an accomplished amateur golfer, was accepted for membership at private golf clubs in Edmonton, Alberta, Canada and in Toronto, Ontario, Canada, prior to his arrival in Buffalo; and Whereas: While Transit Valley made no official announcement regarding the reason for Mr. Fuhr's rejection and subsequently reversed its negative determination and offered membership to him, its initial action is an embarrassment to this community, and in fact has received negative publicity and reaction from around the country, including reports in the Los Angeles Times; and Whereas: Transit Valley Country Club is not unique in Western New York in its exclusion of Blacks from membership. Reports in the local media indicate that only three Blacks enjoy membership at private country clubs, and that all three are members of the same club, Brierwood in Hamburg; and Whereas: Discrimination seems to be an accepted norm for private golf clubs, as women also suffer the indignity of exclusion from full membership at many area clubs. Policies of this nature are contrary to the ideals professed in the Constitution and Bill of Rights of this nation; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo officially state its opposition to the exclusionary policies of Transit Valley Country Club and to all other clubs which practice discriminatory enrollment; and Be It Further Resolved: That this Honorable Body encourage all fair and open minded individuals to protest the actions of Transit Valley Country Club either through resignation from the club or through a boycott of events sponsored by or held at or in conjunction with Transit Valley Country Club. ADOPTED. No. 155 By: Messrs. Pitts, Arthur and Coppola Obscene Material On Public Access Channel Whereas: On the evening of Monday, June 7, 1993 the latest episode of "The Dino and Rocco Show" was broadcast on Channel 18, the public access cable TV channel; and Whereas: The program in question contained material that was clearly obscene and tasteless, including crude depictions of sexual acts and racial slurs; and Whereas: This was the third time in recent months that highly objectionable material has appeared on "The Dino and Rocco Show" on the public access channel; and Whereas: This kind of material clearly violates the public access producers' agreement in which the person or persons responsible for the program affirms that there will be no obscene or pornographic material contained therein, and agrees that BCAM will be notified if there are "depictions of real or simulated sexual acts....or the promotion of racism, bigotry or misogyny;" and Whereas: BCAM, the operator of the public access channel, has a responsibility to take strong action ensure that these provisions are effectively enforced and that this kind of incident will not occur again; Now, Therefore Be It Resolved: That This Common Council notify BCAM that it will not approve an operating budget for the 1993-94 fiscal year until it revokes the certification for "The Dino and Rocco Show." ADOPTED. AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- AMOS, BELL - 2. No. 156 By: Messrs. Pitts, Zuchlewski and Collins Board of Education Spending Plan Be It Resolved: That the Board of Education be and hereby is requested to provide this body with a spending plan which will clearly and specifically indicate how the additional monies provided by the Council to the Board will be spent. Said report to be filed by June 17, 1993 at 2:00 p.m. for the next stated meeting of June 22, 1993. ADOPTED. No. 157 By: Mr. Zuchlewski Buffalo Municipal Housing Authority Implementation of New Pet Policy Whereas: The Buffalo Municipal Housing Authority recently informed tenants that a new Pet Policy would be implemented effective July 1, 1993; and Whereas: As part of its new policy, the Authority will require tenants to register domestic animals with Housing Managers and will restrict the number, type, and weight of certain animals; and Whereas: Several of the pet regulations seem to have been contrived arbitrarily by the Authority; and Whereas: A portion of Regulation #3 states that "Any animal deemed to be potentially harmful to the health and safety of others are not allowed. Animals trained for attack or with vicious tendencies including, but not limited to, pit bulls, dobermans, rottweilers, and wolf-dogs are strictly forbidden."; and Whereas: Attempts at "Dangerous Dog" legislation by the City and State have been heretofore unsuccessful based mainly on the inability to define any specific breed of dog as being inherently dangerous. It has been concluded that individual dogs from any breed can display either vicious or docile tendencies directly relating to the care and handling of the animal; and Whereas: The policy will also limit tenants to one dog whose weight does not exceed fifty (50) pounds (no matter how docile), or two (2) cats; and one twenty (20) gallon aquarium, up to four (4) finch size birds, or two (2) cockatiel size birds; and Whereas: At the very least, tenants of each of the B.M.H.A. complexes deserve the opportunity to hear the rationale used for determining the restrictions in the new pet policy and should be given the opportunity to suggest changes to these proposed regulations; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo request that the Chairman of the Board of Commissioners of the Buffalo Municipal Housing Authority file a report with this Council on the measures taken in developing this Pet Policy; and Be It Further Resolved: That upon filing the report, the Chairman of the Board of Commissioners and the Executive Director of the B.M.H.A. appear before the Legislation Committee of this Common Council to explain the policy; and Be It Finally Resolved: That a Public Hearing be conducted at each of the B.M.H.A. complexes to explain to tenants the development of the pet policy and to solicit input on the fairness of each proposed regulation. LOST. AYES- AMOS, COLLINS, FRANCZYK, PERLA, PITTS, ZUCHLEWSKI- 6. NOES- ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, HIGGINS, LOTEMPIO- 7. No. 158 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 Sister Mildred El-Amin By Councilmember Collins ADOPTED. No. 159 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: Dennis F. Chapman William L. McGee Frank J. Andzik Norman R. Klein James R. Kuhlmann Carolyn D. Farrell Mary Ann Lienert Suzanne M. Gallagher David Rodriguez Rosalind Jacobs Delia McAuliffe Celestine Slaughter Christopher Van Vessem Brian Campbell Frank J. Majlich Martin Darmstedter Denise Goldstein James F. Notaro, Jr. Albert Young, II Donald Notaro Michael D. Gigante John H. Hall James F. Notaro, Sr. Vincent Pezzimenti Arlene Costrine Angela A. Cirasa Sharon M. Hess Roscoe Henderson Tracey Bannister Joan Barron Elaine T. Blyden Josie Jackson Eddie Dean Watson Rossell T. Smith Dorothy M. Menth Augustine Olivencia Charles L. Davis, Sr. Herman W. Wooten Douglas W. Butler Donald Knobloch, Jr. Ronald M. Stanton Michael Snyder Total: 42 ADOPTED. No. 160 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: Theresa A. Fiorella Andrew Golebiowski Total: 2 ADOPTED. No. 161 Announcement Of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tuesday, June 15, 1993 9:30 AM Finance Tuesday, June 15, 1993 Immediately Following Civil Service Legislation Tuesday, June 15, 1993 2:00 PM Economic Dev. Wednesday, June 16, 1993, 10:00 AM No. 162 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Pitts the Council adjourned at 4:25 P.M. Charles L. Michaux, III City Clerk Meeting Reported By Leonard G. Sciolino, Council and Committee Reporter.