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HomeMy WebLinkAbout93-1005 No. 18 Common Council Proceedings of the City of Buffalo Regular Meeting, October 5, 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. Pitts - 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. Pitts, 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. Pitts, 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 Pitts, 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, October 5, 1993 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski- 13. ABSENT- None. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held on September 21, 1993 were approved. FROM THE MAYOR No. 1 Veto Results of Sale of Vacant Lot 47 Dempster Street Item No. 219, C.C.P., 9/21/93 I am hereby vetoing the above item, Sale of Vacant Lot 47 Dempster Street, which is in the Lovejoy Councilmanic district, to Burke Brothers Construction for construction of a single family home. I vetoed this same transaction which was approved by your honorable body on 9/7/93, item #31. My veto of that item was sustained at your meeting of 9/21/93 by an 8 to 2 vote. However, your honorable body at the 9/21/93 meeting, passed item #219, which is the same item that I vetoed and your honorable body sustained by an 8 to 2 vote. Consequently, I am forced to veto this item again based upon the same reasons listed in my first veto. REASON: In February of 1992, 47 Dempster Street, a city owned vacant lot in the Lovejoy Councilmanic district, which measures 60' x 125', was offered at public auction. The opening bid at that auction for 47 Dempster Street was $3,700. At that auction a high bid of $8,500 was accepted and a second high bid of $8,000 was made. At the Buffalo Urban Renewal Agency meeting of August 26, 1993, Lovejoy district Council Member, Norman Bakos, stated that he wanted 47 Dempster Street sold at a public auction to the highest bidder, based upon several calls that he received from individuals wanting to buy 47 Dempster, for the purpose of building a market rate single family home on the property. I recommend that the Common Council review the discrepancy in the market value of 47 Dempster between February of 1992 and September of 1993. Also, I recommend that the Common Council abide by the wishes of the district Council Member, who is acting in the best interest of the city, and sell 47 Dempster at a public auction to the highest bidder. Mr. Fahey now moved to override the Mayor's Veto of the Results of the Private Sale of 47 Dempster (Item No. 219, C.C.P., September 21, 1993). Seconded by Mr. Collins. LOST. (The Mayor's Veto is Sustained) Ayes - Amos, Arthur, Collins, Fahey, Higgins, LoTempio, Perla, Pitts - 8. Noes - Bakos, Bell, Coppola, Franczyk, Zuchlewski - 5. No. 2 Appointment of Members of The Commission on Human Relations Pursuant to the powers vested in me by Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby appoint the below listed persons as members of the Commission on Human Relations for terms expiring on February 27, 1996: NIAGARA Michael J. Billoni 309 North Street Buffalo, 14201 FILLMORE Jesse Carmichael 237 Lord Street Buffalo, 14206 Michael J. Billoni will succeed Carmen Perez whose term has expired. Jesse Carmichael will succeed Daniel Glowacki whose term has expired. I hereby certify that both Michael J. Billoni and Jesse Carmichael are fully qualified to serve as members of the Commission on Human Relations. RECEIVED AND FILED. No. 3 Appointment of Members of Board of Stadium and Memorial Auditorium Pursuant to the provisions of Section 109-A of the Charter of the City of Buffalo, I hereby appoint the below listed persons as members of the Board of Stadium and Memorial Auditorium: Exp. Date John P. Scanlon June 30, 1996 201 Cumberland, Buffalo 14220 Raymond K. McGurn June 30, 1994 48 Narragansett, Buffalo 14220 John P. Scanlon will succeed George Hayhurst whose term has expired. Raymond K. McGurn will fill the unexpired term of John P. Scanlon. I hereby certify that John P. Scanlon and Raymond K. McGurn are fully qualified to serve as members of the Board of Stadium and Memorial Auditorium. RECEIVED AND FILED. No. 4 Reappointment of Members of Board of Directors of the Buffalo Convention Center Management Corporation Pursuant to the powers vested in me by Section 2 and 4 of Article III of the By-Laws of the Buffalo Convention Center Management Corporation, as amended, I hereby reappoint the below listed persons as members of the Board of Directors of the Buffalo Convention Center Management Corporation for terms expiring November 30, 1996: Gladys K. Drewelow 64 Lisbon Avenue Buffalo, 14214 David H. Gallagher 720 Colvin Avenue Buffalo, 14217 I hereby certify that both Gladys K. Drewelow and David H Gallagher are fully qualified for reappointment to the Board of Directors of the Buffalo Convention Center Management Corporation. RECEIVED AND FILED. No. 5 Appointment of Member of Transportation Advisory Board Pursuant to the powers vested in me by Section 182.1 of Article 10 of the Charter of the City of Buffalo, I hereby appoint, subject to confirmation by Your Honorable Body, Donald B. Hutton, residing at 417 Schiller Street, Buffalo 14212, as a member of the Transportation Advisory Board effective September 23, 1993 for a term expiring on May 10, 1994. Donald Hutton will succeed Anthony M. D'Auria whose term has expired. Donald B. Hutton attended SUNY - Empire State College where he earned an Associate/Bachelor of Professional Science Degree and SUNYAB (1988-1992) where he received a Master of Science Degree in Criminal Justice. Mr. Hutton has been employed as a Special Agent with the Delaware and Hudson Railway Company Police Department since 1982 and as a U.S. Coast Guard Reservist from May 1976 to September 1991. Donald B. Hutton is very active in many professional and service organizations: - Greater Buffalo Chamber of Commerce - Fraternal Order of Police - Past President/Trustee - Empire State College (SUNY) Alumni - Past Secretary - Canadian/American Law Enforcement Organization - Transportation Communications International Union (TCU) -Patrolman's section - Columbus Club - Naval Enlisted Reserve Association - Disabled American Veterans (DAV) Post #88 (Rotterdam, NY) - Amvets, Buffalo, NY - Erie County Judges and Police Conference I hereby certify that Donald B. Hutton is fully qualified for appointment to the Transportation Advisory Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 6 Appointment of Member of Buffalo Sewer Authority Pursuant to the powers vested in me by Section 1177 of the Public Authorities Law, I hereby appoint, subject to confirmation by Your Honorable Body, Daniel R. Acker, residing at 26 Monticello Place, Buffalo - 14214, as a member of the Buffalo Sewer Authority for a term expiring June 30, 1996: Mr. Acker will succeed the late Bradley J. Hurd. Mr. Acker is a graduate of West Virginia State College and received his Master's Degree in chemistry and education from the University of Michigan. He has been both an elementary and high school teacher and in 1944, he worked for the Linde Division of Union Carbide on the "Manhattan Project" which led to the building of she atomic bomb. Dan is active in many community organizations, including - President of the Buffalo Branch NAACP and member of the American Chemical Society. He has been the recipient of numerous awards, some of which include the NAACP Medgar Evers Civil Rights Award and the Buffalonian of the Year Award. I hereby certify that Daniel R. Acker is fully qualified to serve as a member of the Buffalo Sewer Authority. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 World University Games Through an agreement with the Power Authority of New York, the Greater Buffalo Athletic Corporation (GBAC) has arranged for the City of Buffalo to receive a $0 utility bill from Niagara Mohawk Power Corporation for the month of July, 1993 for both Pilot Field and Memorial Auditorium if the City will make a gift to GBAC of our net savings from such a billing. Our net savings would be equal to the difference between what a normal July, 1993 electric bill would have been and the additional Pilot Field and Memorial Auditorium personnel costs for World University Game events at these facilities. GBAC had promised to reimburse us for these costs. We estimate that July, 1993 electricity costs (excluding the games) would have been approximately $60,000 ($36,000 for Pilot Field and $24,000 for Memorial Auditorium). This is based on historical normal electrical costs. We expended approximately $41,000 in personnel costs in connection with World University Games events at these two facilities ($17,000 Pilot Field and $24,000 Memorial Auditorium). Thus the difference between our electric savings and the amount GBAC owes us for hosting the games would be $19,000. I believe it is fair and equitable to make a gift of this amount to GBAC on the condition that GBAC donate to the City certain surplus equipment in which we are interested (surplus value of less than $4,000). Please note the alternative is that the City will receive a July 1993 electric bill based upon actual usage and we will have to seek payment from GBAC. Your Honorable Body is familiar with their financial condition. In essence, I am proposing that we use the $60,000 savings we expect to realize from not having to pay any July electric bills to make a $19,000 cash payment to GBAC from Pilot Field Enterprise Fund and to cover the $41,000 of costs incurred by the City on behalf of the World University Games ($17,000 Pilot Field and $24,000 Memorial Auditorium). Your approval of an appropriate agreement with GBAC to implement this arrangement is respectfully requested. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 8 Benderson Trust - Request to Install Two Pole Signs at 878-950 McKinley Parkway Item No. 179. C.C.P., September 7, 1993 The City Planning Board at its regular meeting held Tuesday, September 28, 1993 considered the above request pursuant to section 387-19 of the Buffalo Code, Review of Pole Signs. The Planning Board voted to receive and file the requested pole signs since your Honorable Body has already approved the proposed signs at your meeting of September 21, 1993, Item No. 168. It should be noted that the Planning Board did recommend that the proposed signs not exceed 18 feet at its regular meeting of September 7, 1993, and had tabled the matter until its meeting of September 28, 1993 when the applicant could present the smaller sign to the Board. RECEIVED AND FILED. No. 9 R. Loffredo - Request to Erect an Illuminated Pole Sign at 1431 Kensington Ave. No. 88, C.C.P., September 21, 1993 The City Planning Board at its regular meeting held Tuesday, September 28, 1993 considered the above request pursuant to sections 511-7 and 387-19 of the Buffalo Code, Regulations of the C1 Zone. The applicant sought to erect a 22 foot high, illuminated, accessory, pole sign with a sign face area of 96 square feet (8 feet by 12 feet). The site is located in a C1 zone which permits pole signs if your Honorable Body approves them, so long as they are no higher than 18 feet and do not have a sign face area of greater than 35 square feet. Given this, the applicant agreed to the smaller sign. Under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the sign on the condition that it not exceed 18 fleet in overall height and that its sign face should measure 7 feet by 5 feet or 35 square feet. RECEIVED AND FILED. No. 10 Joseph Battin & Others - Remonstrance Against The Rezoning of 1177 Abbott Road From C1 to C2 (Item No. 89, C.C.P., September 21, 1993) The City Planning Board at its regular meeting held Tuesday, September 28, 1993, considered the above remonstrance pursuant to section 511-126 of the Buffalo Code, Amendments to the Zoning Ordinance. The Planning Board has reviewed the petition submitted by Joseph Battin and others relative to the rezoning noted above and has found that it is a valid remonstrance. Section 511-126,A of the Buffalo Code states that when 20% or more of the owners of land adjacent to and extending 100 feet in all directions from the area to be rezoned object to the proposed rezoning, the remonstrance is valid. In this instance, virtually all of the adjacent owners have signed the petition against the rezoning. With this valid remonstrance, the proposed rezoning will require a three-fourths (3/4) vote of the council. RECEIVED AND FILED. No. 11 Buffalo Access Center - Request to Encroach Right-Of-Way at Cathedral Park Item No. 40, C.C.P., Sept. 21, 1993 The City Planning Board at its regular meeting held Tuesday, September 28, 1993, considered the above request pursuant to section 413-67 of the Buffalo Code. The applicant, Buffalo Access Center, located at 290 Main Street, seeks to place a supervised, fenced play area measuring 80 feet by 30 feet (2400 square feet) in the southeast portion of Cathedral Park adjacent to St. Pauls Cathedral. The play area will be accessory to an adjacent day care center. The site is located in the Transit Corridor which encourages the use of open space. Moreover, the play area will buttress the operation of a day care center which is also beneficial to office workers in the Central Business District. Lastly, the site is located in the Joseph Ellicott Preservation District and should be reviewed by the Preservation Board. The proposed play area is supported by Buffalo Place Inc. and the Department of Public Works has recommended that your Honorable Body grant it a "mere license". The proposed play area will be surrounded by a 5 foot high wrought iron fence which will not be permanently anchored to the pavement. When not in use by the day care center, it will be opened to the public. When in use by the center, it will be supervised by the staff. The city will be insured through the applicant- the Buffalo Access Center- for any liability which might arise via the play area by the public. Under SEQR, the encroachment may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed encroachment. RECEIVED AND FILED. No. 12 J. Holzman - Request to Encroach Right-Of-Way at 125 Broadway With an Awning/Sign Item No. 41, C.C.P., September 21, 1993 The City Planning Board at its regular meeting held Tuesday, September 28, 1993, considered the above request pursuant to section 413-56 of the Buffalo Code, Review of Right-of-Way Encroachments. The applicant seeks to place an awning/sign which will measure 30 feet in length, 5 feet in height, and will project 2 feet from the building face into the right-of-way. The site is located in a CM zone which does not prohibit such awning signs. Under SEQR the proposed awning/sign is considered a Type II action which does not require further environmental review. Lastly, the Department of Public Works has recommended that your Honorable Body grant a "mere license" for the awning sign. Consequently, the Planning Board voted to approve the encroaching awning/sign as requested. RECEIVED AND FILED. FROM THE PRESERVATION BOARD No. 13 Proposed Demolition Great Northern Elevator (Pillsbury Mills, Inc.) 250 Ganson Street The following Notice of Completion of a Final Environmental Impact Statement is being filed with your Honorable Body pursuant to Part 617, Section 8 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 14 Bandag Tire Retreaders of Buffalo, Inc. Compromise Tax/Demo Cost - 216 Walden Item No. 76, C.C.P. 9/21/93 The Common Council has referred Bandag Tire's effort to acquire property on Walden Avenue to the Environmental Management Commission. There were past difficulties involving Bandag and another privately owned neighborhood property, which have been cooperatively and satisfactorily resolved through the efforts of the district Councilmember and neighborhood association. City ordinance requires fencing along a portion of Bandag's proposed parking lot, and prohibits any outside storage of tires or other materials on the lot. Provided that adherence to these requirements is strictly maintained, the Commission would recommend approval of Bandag's request. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMPTROLLER No. 15 Certificate Of Necessity Increased Appropriation Appropriation Allotments - Fund Balance Reserve Department Of Fire We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $45,000 in the estimates for the fiscal year beginning July 1,1993 is necessary in Appropriation Allotments - Department of Fire to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, SEPTEMBER 20,1993 RECEIVED AND FILED. No. 16 Certificate of Necessity Transfer of Funds Division of Budget and Management Division of Engineering 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 $25,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: Dated: Buffalo, NY, September 29, 1993 RECEIVED AND FILED. No. 17 Leave Time for Exempt Employees In anticipation of the exodus that will occur after the Mayoral election, this Department is requesting this Honorable Body to enunciate the policy on paid leave time for exempt employees, i.e., those employees not covered by a collective bargaining agreement. Apparently, the practice has been to grant to these employees that leave time analogous to what the employee would have received if covered by a collective bargaining agreement. Of concern is what collective bargaining agreement is utilized as the barometer for determining the leave time and whether leave time accumulates or is lost upon separation from service. We respectfully request that your Honorable Body review this issue as soon as possible given its impact on the many individuals affected in the Mayoral transition. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 18 Overtime Pay for Deputy Police Commissioner Item # 92 C.C.P. 9-21-93 Item # 93 C.C.P. 9-21-93 Item # 94 C.C.P. 9-21-93 On July 29, 1993, Commissioner Donovan submitted a voucher to the Office of Funding and Program Assistance at the N.Y.S. Division of Criminal Justice for $460,294.55 to cover Police overtime expenses resulting from the World University Games. This sum reflects direct and indirect costs associated with providing security for the Games and includes the overtime in question for Deputy Police Commissioners. My office contacted the Division of Criminal Justice Services and found that the City will receive only $417,087.94 of the requested sum in approximately 3 to 4 weeks. Therefore, the City has not yet received reimbursement for security provided to the World Games and the State's review of Commissioner Donovan's request leaves the City in a potential deficit situation of $43,206.61. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 19 Disposition of Vintage Computer Hardware The Comptroller's office, function of Data Processing, will be disposing over the next two years approximately one hundred pieces of Computer Hardware including Personal Computers, Printers and Cables. These Personal Computers are of a vintage where it is impractical to continue to use the computers as we downsize the mainframe into a four year plan of a conversion to client/server. The City's move to client/server architecture necessitates PCs with sufficient power and capacity to accommodate the software and communication demands to make client/server work. The old PCs (Intel 8086, 8088 and 80286) have insufficient speed (4MHz, 8MHz, 16MHz), insufficient disk storage (20Mb, 40Mb), low level floppy drives (360Kb, 720Kb) and insufficient memory (640Kb, 1Mb) (memory expansion 15 more difficult and costly than on the more modern machines) to function in a client/server environment. In addition, the graphics capabilities (the monitors) of the old PCs will not support present day software. The Intel 8086, 8088 and 80286 PCs are old technology and have limited use in the City's data processing scheme. The plan we are proposing is to place a fair market and equitable price on each machine and by a lottery system sell them to City employees. The equipment will be sold without any guarantee or include any City of Buffalo software. This proposal, besides disposing of the equipment for a fair market price, will benefit the City employees thru increased computer literacy and possible expansion of their interest of various computer software. Your approval of this plan is respectfully requested. Mr. Fahey moved: That the communication from the Comptroller dated September 9, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to prepare a plan to place a fair market and equitable price on vintage computer hardware and by a lottery system shall sell them to City employees. PASSED. AYES - 13 NOES - 0. No. 20 Response to Permission to Negotiate Sale of 246 & 250 Walden Item No. 213, C.C.P. 9/21/93 The above referenced Item was referred to the Committee on Finance, Corporation Counsel and this office for a response. The Item is a resolution requesting that the Common Council entertain a request of Ms. Odessa Hunter to negotiate a private sale for 246 & 250 Walden Avenue. The Division of Real Estate received a request from Ms. Odessa Hunter to purchase 246 & 250 Walden Avenue on April 29, 1993. The parcels are two contiguous City-owned lots being 33' x 85' and 30' x 120', zoned R2. Ms. Hunter intends to purchase this property to expand her yard area. The Division of Real Estate processed Ms. Hunter's request in the usual manner. We received tax and demolition lien clearance. However, on 5/28/93 the Commissioner of Community Development advised this office that the lots were sufficient for new housing. Also on 6/3/93, the Commissioner of Inspections and Community Revitalization withheld these two lots from private sale and advised that the properties have been slated for the Lovejoy New Housing Project. On 6/22/93 the Division of Real Estate wrote to Ms. Hunter and advised her that the properties were being withheld for new housing development. The Division of Real Estate also advised Ms. Hunter at that time that after construction of the new housing, she would be eligible to purchase any access land not used for the new housing at that site. This office recommends that Your Honorable Body refer the Item to Inspections and Community Revitalization, since that office would be able to inform Your Honorable Body on the status of 246 & 250 Walden Avenue. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE PRESIDENT OF THE COUNCIL No. 21 Reappoint Member of the Preservation Board: Residential Historic District I am hereby reappointing Ms. Saxon Cobb Deck of 108 Park Street, Buffalo, New York 14201 to a three (3) year term on the Buffalo Preservation Board, representing the Residential Historic District. Ms. Deck's term expires on August 31, 1996. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 22 Dismiss Demolition Charges and Liens 186 Fourteenth Street Item No. 232, C.C.P. 09-07-93 Your Honorable Body requests the Commissioner of Assessment to accept $1,000.00 as full payment of demolition costs at property known as 186 Fourteenth Street owned by Mrs. Wanda Ruggerio. The Department of Assessment cannot compromise demolition costs unless approved by the Common Council. According to the records, the demolition compromise was previously filed with the Colon Council, C.C.P. 06/27/89. Item No. 232, C.C.P. 09-07-93 requests the Commissioner of Assessment to remove the property located at 186 Fourteenth Street from the tax foreclosure list but this is a legal action and should be referred to the Department of Law. This property in the past was on the City of Buffalo tax foreclosure In Rem 21, Serial 71 dated 11/2/87, the County of Erie tax foreclosure In Rem 143, Serial 37 dated 04/27/88, and is scheduled to go to sale on October 25, 1993 at City of Buffalo tax foreclosure sale In Rem 27, Serial 46. RECEIVED AND FILED. No. 23 Buffalo Village Associates Refund Excess Property Tax Item No. 94, C.C.P. 09/07/93 The Department of Assessment checked the amount of taxes paid to the City of Buffalo for 1992-93 and to the County of Erie for 1993 on properties at 76 Johnson Park, 111 Prospect, 186-190 Carolina, 222 Carolina, 209-211 Carolina, 269-273 Georgia, 66 Whitney, 59 Whitney and 33-37 Whitney. These parcels are subject to the combined tax ceiling of $32,400.00 in accordance with the contract agreement executed on February 24, 1975 by the City of Buffalo and Buffalo Village Associates. The Department of Assessment's tax records agree with the requested amount of $29,299.68 to be refunded to Belmont Management Co., Inc., agent for Buffalo Village Associates, as the City share of excess real property taxes paid for fiscal year 1992-93 relating to the above properties. REFERRED TO THE COMMITTEE ON FINANCE. No. 24 Daniel Sansanese Compromise Demolition Cost 142 West Delavan Item No. 87, C.C.P. 09-21-93 According to records, the above compromise of demolition costs was previously filed with Your Honorable Body on 05-26-92 . Daniel Sansanese, owner of property located at 142 West Delavan received a bill from the Office of Collections for an unpaid demolition charge. The Department of Assessment attached the demolition lien to the 1992-93 tax roll in accordance with Local Law upon receiving notice of completion from the Department of Inspections and Community Revitalization. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 25 Monthly Report of Licenses Issued in August 1993 I am respectfully submitting the enclosed report of licenses issued in the month of August 1993 by the Division of Licenses. RECEIVED AND FILED. No. 26 Conditions For Erection of a Banner Across Main Street in Front of St. Marys School For The Deaf Item No. 219, C.C.P., 09/07/93 This is in response to C.C.P. #219 of September 7, 1993. The Department of Public Works Engineering Division has no objection to St. Marys School for the Deaf hanging a banner over Main Street in front of their school providing the following conditions are met: - The banner must be made of fabric that allows air to flow through it. - The bottom of the banner must be at least 14 feet 6 inches above every portion of the street below it. - The banner cannot be hung from a traffic signal pole and must not interfere with the visibility of any traffic signal. - If the banner is to be secured to street light standards, the exact location and number of street light standards to be utilized must be supplied to the Street Lighting Office, Room 501 City Hall. This information must be supplied at least two (2) weeks prior to the erection of the banner. - The banner must be tied down in a secure manner so that it will not "come loose" at any time during the period for which it will be hung. - A bond, and insurance naming the city of Buffalo as additional insured, in the amount of one million dollars ($1,000,000.00) must be filed with the City before the banner can be hung. - The banner may be hung for a period not longer than three (3) months, and the Department of Public Works must be notified of the specific dates that the banner will be in place. RECEIVED AND FILED. No. 27 Conditions For Erection of a Banner Across Kensington Avenue at Bailey Avenue Item No. 227 C.C.P., 09/07/93 This is in response to C.C.P. #227 of September 7, 1993. The Department of Public Works Engineering Division has no objection to the Meals On Wheels Volunteers hanging a banner over Kensington Avenue in the vicinity of Bailey Avenue, providing the following conditions are met: - The banner must be made of fabric that allows air to flow through it. - The bottom of the banner must be at least 14 feet 6 inches above every portion of the street below it. - The banner cannot be hung from a traffic signal pole and must not interfere with the visibility of any traffic signal. - If the banner is to be secured to street light standards, the exact location and number of street light standards to be utilized must be supplied to the Street Lighting Office, Room 501 City Hall. This information must be supplied at least two (2) weeks prior to the erection of the banner. - The banner must be tied down in a secure manner so that it will not "come loose" at any time during the period for which it will be hung. - A bond, and insurance naming the City of Buffalo as additional insured, in the amount of one million dollars ($1,000,000.00) must be filed with the City before the banner can be hung. RECEIVED AND FILED. No. 28 Alternate Parking Change to 1-Side Parking on Woodlawn Avenue Between Masten & Michigan Aves. Item No. 189, C.C.P. 09/07/93 This is in response to C.C.P., #189 of September 7, 1993. This communication requested on the behalf of Ms. Delilah King, that the Department of Public Works investigate the possibility of changing the current parking restrictions on Woodlawn Avenue between Masten & Michigan. Currently this section of Woodlawn Avenue contains the following parking restrictions: 1.) Alternate Parking Type II 2.) No Standing School Days - north side of street Type II Alternate Parking allows overnight and week-end parking on both sides of the street. The "No Standing School Days" restriction is only applicable on days when school is in session. As we have stated previously, this Department has no objection to restricting parking on the school side and removing the restrictions from the residential side of the street. However, we would only make this change provided a petition favoring this action could be produced, signed by 75% or more of the property owners on this street. To date, no such petition has been forthcoming and until such time as this petition is received, this Department will not take any further action. RECEIVED AND FILED. No. 29 Notification Serial #8309 Permissive Parking - Forest Avenue Between Dewitt Street and West Avenue Permissive Parking In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Permissive Parking Permissive Parking Location Period of Permissive Parking Forest Avenue, north side Effective Daily Except Saturday & Sunday beginning Dewitt Street and West Effective Daily Except Ave (excluding the NSHC Areas) Saturday & Sunday 6 a.m. - 6 p.m. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 30 Notification Serial #8310 Repeal Permissive Parking Washington Street Between Carlton and Burton Streets Permissive Parking In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing thereto the following: Permissive Parking Permissive Parking Location Period of Permissive Parking Washington Street east side Effective Daily Except Sunday from Carlton St to Burton St 2 Hour Parking 7 a.m. - 7 p.m. Washington Street west side Effective Daily Except Sunday from Carlton St to Burton St 2 Hour Parking 7 a.m. - 7 p.m. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 31 Fading City Stop Signs Item No. 233, C.C.P. 09/07/93 This is in response to C.C.P. #223 of September 7, 1993. The Department of Public Works - Traffic Section is aware of our senescent signage. This fact alone leads to the problems outlined in your communication. Please be advised that it is my Departments' policy to replace stop signs as a part of our regular maintenance operations. RECEIVED AND FILED. No. 32 Claim for Wages Various Employees From September 13 through September 26, 1993 members of the crew of the Cotter worked while an agreement was being formulated to cover various aspects of their employment. On May l, 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 September 13 through September 26, 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 In addition please pay for any shift differential or overtime pay. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 29, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from September 13, 1993 through September 26, 1993 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES - 13 NOES - 0. No. 33 Claim for Wages Various Employees From September 27 through October 10, 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 September 27 through October 10, 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 In addition please pay for any shift differential or overtime pay. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 29, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from September 27, 1993 through October 10, 1993 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES - 13 NOES - 0. No. 34 Energy Savings Implementation Various City Facilities In C.C.P. 03/02/93; item #99, Your Honorable Body authorized this Department to engage an energy conservation company to perform a detailed engineering analysis to specifically identify and to quantify savings and installation costs relative to energy conservation measures at various city buildings in conjunction with Niagara Mohawk's Power Partners Program. Please be advised that we have reviewed the detailed engineering analysis and I am enclosing a chart indicating the energy conservation measures (ECM's) that we recommend for installation. The project will include alterations to the lighting in City Hall and City Court (lamps, reflectors, ballasts, etc.), variable speed motors and return air duct work. The list of other city buildings where lighting retrofit work should take place is also attached for your information, along with the listing of high efficiency electric motor replacements. Programmable controllers for night setback will be installed at Delavan-Moselle Community Center, Hennepin Community Center, Houghton Park Center, Jubilee Center, JFK Center, Lanigan Field House, Machnica Center, and Mechanical Services Center. Insulated pool covers will be placed at Cazenovia and Lovejoy Pools and controllers will be installed at the Riverside and Cazenovia Ice Rinks to turn on the compressors only when the ice temperature reaches a set degree. The final item is installing insulated glass at the MLK Greenhouse and insulating the exterior walls below bench height. As indicated on the attached summary chart this is a $2,300,000 project with a $1,060,516 incentive received from Niagara Mohawk. The City of Buffalo's cost would be $1,239,484. Authorization for financing on this project is currently before Your Honorable Body from the Comptroller. It is respectfully requested that Your Honorable Body authorize the Commissioner of Public Works to enter into a contract with CES/Way International for the installation and monitoring of these energy conservation measures. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Request Permission to Purchase Barricades Used During the World University Games The Department of Public Works, Division of Engineering, is required to barricade buildings throughout the city to safeguard it's citizens from falling debris; and At this time, our current supply of barricades has been depleted and is insufficient to keep-up with demand; and Flasher Handling Corporation has offered the City of Buffalo barricades used during the World University Games at a discounted rate; and This discount rate is $32.00 per barricade compared to $44.50 rate (per barricade) this Department normally pays for new barricades; and Personnel from the Division of Engineering have inspected these barricades and find their condition to be "like new" and free of defect, I, therefore, respectfully request permission from your Honorable Body to purchase 150 of these barricades at a total cost of $4800.00. Funds for this purchase will be available in account #100-401-085-00-930. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Permission to Engage Services of Consultant Engineer for the St. Columba Square Subdivision Group #348 Item No. 54, C.C.P. 09/07/93 As authorized per CCP 54 of September 7, 1993, permission was granted to engage the services of a consultant engineer to prepare plans and specifications and receive bids, including inspection services, for construction of new asphalt concrete pavement for the proposed St. Columba Square Project between Hickory and Spring Streets. In conjunction with this project, it is hereby requested that permission be granted to engage the services of the engineer to prepare plans and specifications and receive bids to replace approximately 650 I.f. of 16 inch watermain with new 16 inch ductile iron watermain on North Division Street between Hickory Street and Spring Street. The City of Buffalo, Division of Water, maintains an existing 16 inch watermain in this area on North Division which was built in 1887. The existing 16 inch watermain has numerous abandoned services and lead joints which are potential leak sources. Funds for this additional work are available in the Division of Water's 416-982-015 account. That the communication from the Department of Public Works, dated September 17, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to engage the services of a consultant engineer to prepare plans and specifications and receive bids, including inspection services, for construction of new asphalt concrete pavement for the proposed St. Columba Square Project between Hickory and Spring Streets, as listed in the above communication, with said costs to be charged to the Division of Water's 416-982-015 account. PASSED. AYES - 13 NOES - 0. No. 37 Report of Bids -Repair to City Curbs 1993-1994 Item #30 C.C.P. of 07-20-93 This is to advise your Honorable Body that I have advertised and received bids on September 15, 1993 for Repair to City Curbs 1993-1994. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Destro Bros. Conc. Co., Inc. $ 51,920.00 N.P.J. Contracting, Inc. 73,140.45 Cemulini-Pecoraro Construction Corp. 74,675.00 N. Passucci Construction, Inc. 77,450.00 * * Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Destro Bros. Conc. Co., Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-507-00-000 in an amount not to exceed $51,920.00, plus approved unit prices not to exceed an additional amount of $5,200.00 for a total award of $57,120.00. The engineer's estimate for this work is $54,700.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the biders may withdraw his bid if an award of the contract is not made by November 01, 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 September 20, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Repair to City Curbs 1993-1994 to Destro Brothers Concrete Co., Inc., the lowest responsible bidder in the amount of $51,920.00, plus approved unit prices not to exceed an additional amount of $5,200.00 for total award of $57,120.00. Funds for this project are available in the Capital Projects Fund #200-507-00-000. PASSED. AYES - 13 NOES - 0. No. 38 Report of Bids New Sidewalks & Shrub Gardens Symphony Circle Restoration I advertised for on September 14, 1993 and received the following sealed proposals which were publicly opened and read on September 28, 1993. Base Bid Alt #1 Claude Mayo Construction 28,596 4,863 Nichter Associates 31,990 4,700 MPJ Contracting 35,000 1,500 Cemulini-Pecoraro Const. 38,200 3,000 Alternate No. 1 is to add color to concrete. I hereby certify that the foregoing is a true and correct statement of all bids received and that Claude Mayo Construction in the amount of $28,596.00 Base Bid plus Alternate #1 $4,863.00 for a total of $33,459.00 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 200-402-074 - Division of Buildings. Estimate for this work was $30,000 Mr. Fahey moved: That the communication from the Department of Public Works, dated September 30, 1993, be received and filed; and That the Commissioner of Public Works be, and b hereby is, authorized to award a contract for New Sidewalk and Shrub Gardens, Symphony Circle Restoration to Claude Mayo Construction, the lowest responsible bidder in the amount of $28,596.00, Base Bid plus Alternate #1, $4,863.00 for a total $33,459.00, with said cost to be charged against the B/F 200-402-074 Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 39 Report of Bids Resurfacing of City Owned Street Facilities - 1993-1994 Item No. 30, C.C.P. 07/20/93 This is to advise your Honorable Body that I have advertised and received bids on September 22, 1993 for Resurfacing of City Owned Street Facilities 1993 - 1994. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Thomann & Loewer Asphalt Paving Corp. $ 62,350.00 Destro Bros. Concrete Co. Inc. $ 65,230.00 Amherst Paving, Inc. $ 91,200.00 I hereby certify that the lowest responsible bidder for the above project is Thomann & Loewer Asphalt Paving Corp. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an amount not to exceed $62,350.00, plus approved unit prices not to exceed an additional amount of $23,000.00, for a total award of $85,350.00. The engineer's estimate for this work is $85,350.00 The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the biders may withdraw his bid if an award of the contract is not made by November 08, 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 September 24, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Resurfacing of City Owned Street Facilities 1993-1994 to Thomann & Loewer Asphalt Paving Corp., the lowest responsible bidder in the amount of $62,350.00, plus approved unit prices not to exceed an additional amount of $23,000.00 for a total award of $85,350.00. Funds for this project are available in Capital Projects Fund #200-401-507-00-000. PASSED. AYES - 13 NOES - 0. No. 40 Change in Contract Asbestos Removal Phase II Kleinhans Music Hall I herewith submit to Your Honorable Body the following change in contract for the Asbestos Removal-Phase II Kleinhans Music Hall, Arric Corporation Order No. 11016590: 1. Additional work required to remove asbestos. Add $14,161.67 When Mechanical Contractor arrived on the site, their procedures and means required additional removals of asbestos which had to be performed immediately. The foregoing change results in a net increase in the contract of Fourteen Thousand One Hundred Sixty-one and 67/100 Dollars ($14,161.67). Summary Original Amount of Contract $12,800.00 Amount of this change (No. 1) Add 14,161.67 Revised Amount of Contract $26,961.67 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public works and found to be fair and equitable. Funds for this work are in B/F 200-402-098 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 23, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 1 to Arric Corporation, Order No. 11016590, in the amount of $14,161.67 for additional work relating to the Asbestos Removal, Phase II Kleinhans Music Hall, with said cost to be charged against the B/F 200-402-098 Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 41 Change in Contract Repair and Painting of Ferry Elevated Water Tank City Contract No. 91722300 I hereby submit to your Honorable Body the following change order with Erie Painting and Maintenance, Inc. for work relating to Repair and Painting of Ferry Elevated Water Tank, City Contract No. 91722300. New Work Item No. 1: Complete power washing and power tool cleaning as necessary and applying one full coat of primer and one finish coat of paint. Increase: $ 36,550.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of Contract $ 117,000.00 Amount of Change Order No. 1 Increase $ 36,550.00 CURRENT AMOUNT OF CONTRACT $ 153,550.00 Funds in the amount of $ 153,550.00 are available in the Division of Water's 416 Capital Project Fund, 017 Account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 20, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 1 to Erie Painting and Maintenance, Inc., City Contract No. 91722300, in the amount of $36,550.00 for additional work relating to the Repair and Painting of Ferry Elevated Water Tank, with said cost to be charged against the Division of Water's 416 Capital Project Fund, 017 Account. PASSED. AYES - 13 NOES - 0. No. 42 Disposition of Division of Engineering Vehicle # E - 25A This is to advise your Honorable Body that the Division of Engineering, upon purchase of a new compressor truck unit, has disposed of and received a trade-in allowance of $800.00 for vehicle # E-25A, a 1972 Ford Compressor Truck. As per Contract *6631, vehicle # E-25A was delivered to Emerling Chevrolet, Inc., and I hereby request that the title to this unit be transferred to Emerling Chevrolet Inc., to complete the terms of the agreement. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 29, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to transfer title of a 1972 Ford Compressor Truck, vehicle # E-25A, to Emerling Cherolet Inc., to complete the terms of the agreement of Contract # 6631. PASSED. AYES - 13 NOES - 0. No. 43 Temporary Resurfacing of "S" Curves Delaware Avenue Item # 217, C.C.P. September 7, 1993 The Department of Public Works, Division of Engineering estimate for temporary resurfacing of the Delaware "S" curves is $85,000.00. All funds allocated to the Department in both operation and maintenance and capital improvement budgets have been dedicated for other purposes. Should the Council require that this work be done, an amendment to the above mentioned budgets will be required. RECEIVED AND FILED. No. 44 W. Winston - Correct Water Payment/Billing 134 French Street Item No. 177, C.C.P. 09/07/93 Division of Water records indicate on March 8, 1990 a payment in the amount of $419.26 was applied to 135 French Street. Mr. Willis L. Winston has indicated that his son, Steven Winston, paid this bill and it should have been applied to his property at 134 French Street. Mr. Winston can get the actual payment transferred from 135 French Street to 134 French Street by sending the Division of Water, 111 City Hall, a copy of his City of Buffalo Treasury stamped receipt, front and back, or a copy of his cancelled check, front and back, and then the Division of Water will make the transfer to that account and rebill 135 French Street for this amount. I hope this clears up this matter for you. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 1175 Delaware Avenue Sign Within Right Of Way Mr. David Sanders, owner of St. Lukes Presbyterian Nursing Center, located at 1175 Delaware Avenue, has requested permission to install a sign which would encroach city right of way at said address. The proposed sign would be free standing, measure 30 inches in width and 60 inches in height. The sign would be located between the public sidewalk and the property line. The Department of Public Works has reviewed Mr. Sanders application pursuant to Chapter 413-67 (encroachment regulations) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That a minimum of 18" inches exist between the public sidewalk and said sign after installation. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. No. 46 Information on Block Party Permits Item No. 216, C.C.P. 09/07/93 This is in response to C.C.P. #216 of September 7, 1993. In this communication your Honorable Body requested from the Department of Public Works information regarding the number of 'Block Party' permits issued last year and thus far this year. My Department offers the following details regarding the above: 1. For January 1, 1992 to December 31, 1992 - 195 Block party permits were issued. 2. For January 1, 1993 to September 28, 1993 - 196 Block Party permits were issued. 3. My Traffic Section anticipates issuing another 10-12 permits for the year. Based on the above, more permits were actually issued after the City began collecting a fee. This would seem to indicate that the fee being charged has not adversely affected the issuance of these permits. In addition, the amount of clerical processing, in terms of City man-hours, involved in producing these permits is still not adequately compensated for by the current $12.00 fee. Given these facts, the Department of Public Works strongly supports the fee charged to close city streets for block party purposes. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 47 Four-Way Stop Signs at Merrimac and Bruce Streets Item No. 220, C.C.P. 09/07/93 This is in response to C.C.P. #220 of September 7, 1993 regarding the installation of four-way stop control at Merrimac and Bruce Streets. An investigation by the Department of Public Works - Traffic Section into the need of an all-way stop at the aforementioned location has yielded the following: 1.) New York State Department of Transportation Standards state that the occurrence within a twelve (12) month period of five (5) or more reported accidents, would warrant the installation of "multi-way" stop control. Our records indicate that the accident history at this location does not satisfy this warrant. 2.) In addition, New York State standards also say that a stop sign should not be used for speed control. Proliferation of multiway stops may only compound the problem, as evidence indicates excessive stop signs can cause accidents. Pedestrians experience a "false sense of security" in anticipation of vehicles coming to a complete stop; however, these vehicles may "roll thru" or even ignore these stop signs. Therefore, the Department of Public Works will not be installing "all-way stop" control at the intersection of Merrimac and Bruce Streets. RECEIVED AND FILED. No. 48 Old First Ward Utility Bills Item No. 83, C.C.P. 09/21/93 The Division of Buildings originally agreed to pay utility bills at the Old First Wand Community Center, 62 Republic Street, during the entire construction period which was projected to be up to 12/31/92. Because construction delays extended this project to January 25, 1993, the Division of Buildings then agreed to pay utility bills up to the actual opening of the building which also occurred on January 25, 1993. The Old First Ward Community Center apparently misunderstood this agreement and thought that the Division of Buildings agreed to pay up to February 28, 1993. The Old First Ward did, in fact, pay for the National Fuel, bill up to January 27, 1993. The Division of Buildings, however, has records indicating that the National Fuel bill up to December 28, 1992 in the amount of $141.75 was paid by the Division of Buildings. The Division of Buildings is therefore recommending payment of $3,765.32 to the Old First Ward Community Center per our original agreement and also per a meeting between the Division of Buildings and the Division of Budget on August 18, 1993 called to resolve this issue. In this meeting, the Old First Ward Community Center was advised to file a claim in the amount of $3,765.32. REFERRED TO THE COMMITTEE ON CLAIMS. No. 49 Certificate of Appointment Appointment effective September 27, 1993 in the Department of Public Works, Division of Buildings, C. Carol Kane, 161 Marine Drive Apt. 11B, Buffalo 14202, to the position of Laborer I, Permanent, Non-Competitive, at the Intermediate starting salary of $9.46. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 50 Certificate of Appointment Appointment effective September 27, 1993, in the Department of Public Works, Division of Buildings, Dominic A. Chella, Jr., 455 Abbott Road, Buffalo 14220, to the position of Laborer II, Permanent, Non-Competitive at the Maximum starting salary of $10.67. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 51 Amended Certificate Of Appointment Appointment effective September 27, 1993 in the Department of Public Works, Division of Buildings, Nancy Smardz, 617 Fulton Street, Buffalo 14210, to the position of Senior Clerk Temporary, at the Intermediate starting salary of $22,175. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 52 Certificate of Appointment Appointment effective September 20, 1993, in the Department of Public Works, Division of Water, Norbert H. Kuntz, 209 Gold Street, Buffalo, 14206, to the position of Truck Driver, Permanent, at the Maximum, starting salary of $23,728. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 53 Certificate of Appointment Appointment effective September 27, 1993, in the Department of Public Works, Division of Water, Brian Lackie, 714 Abbott Road, Buffalo, 14220, to the position of Water Service Inspector, Permanent, at the Maximum starting salary of $23,728. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 54 Certificate of Appointment Appointment effective September 24, 1993, in the Department of Public Works, Division of Water, James Lee Mann, 177 Courtland Avenue, Buffalo, 14215, to the position of Dispatcher, Permanent at the Intermediate starting salary of $23,753. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 55 Certificate of Appointment Appointment effective September 27, 1993, in the Department of Public Works, Division of Water, Jan Robin Ford, 47A Altruria Street, Buffalo, 14220, to the position of Chemist, Provisional, at the Intermediate starting salary of $29,587. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 56 Bids Emergency Removal of Hazardous Trees on Private Property Due to the very serious and hazardous condition of trees on the properties listed below, an inspection was made by this Department and notices were served on the owner, as per Chapter 308-32 of the City Ordinances. ADDRESS AND OWNER CONTRACTOR AND OFFER 129 Parkridge Avenue Tom-Kat Tree Service $1,484.00 Margaret Washington Garlow Tree Service 2,200.00 55" diameter dead Cottonwood C. Mays Tree Experts 3,800.00 307 Northland Avenue Tom-Kat Tree Service $ 446.00 Constance Bratton Garlow Tree Service 900.00 60" diameter Willow C. Mays Tree Experts 1,200.00 1790 William Street Tom-Kat Tree Service $1,098.00 Richard Herbst Garlow Tree Service 1,100.00 2 trees C. Mayes Tree Experts 1,450.00 22" and 33" diameter Silver Maples I hereby certify that Tom-Kat Tree Service, is the lowest responsible bidder and that the low bids be accepted. We, therefore, respectfully request that upon the approval by Your Honorable Body, the work will be ordered done and the cost of the tree removals be assessed against the properties benefited and collected from the parties responsible. The cost of this work will be charged to: Special Assessment Fund - 500-00-002. Mr. Fahey moved: That the communication from the Department of Parks, dated September 20, 1993, be received and filed; and That the Commissioner of Parks be, and he hereby is, authorized to award a contract for Emergency Removal of Hazardous Trees on Private Property to Tom-Kat Tree Service, the lowest responsible bidder, with said cost to be charged against the Special Assessment Fund 500-00-002. PASSED. AYES - 13 NOES - 0. FROM THE COMMISSIONER OF POLICE No. 57 Permission to Accept Donated Automobile I respectfully request permission to accept a vehicle donated by the Defense Logistics Agency of the United States Government. The vehicle is a 1987 Chevrolet Cavalier, Vehicle Identification #1G1JC511X47191566. At no cost to the city, this vehicle would help make the Department more efficient in fighting crime. Mr. Fahey moved: That the communication from the Department of Police, dated September 13, 1993, be received and filed; and That the Commissioner of Police be, and he hereby is, authorized to accept a 1987 Chevrolet Cavalier, Vehicle Identification #1G1JC511X47191566, donated by the Defense Logistics Agency of the United States Government. PASSED. AYES - 13 NOES - 0. No. 58 Permission to Accept Donated Truck I respectfully request permission to accept a vehicle donated by the United States Custom Service. This vehicle is a 1993 Dodge Ram 150 pickup truck. At no cost to the city, this vehicle would help make the Department more efficient in fighting crime. Mr. Fahey moved: That the communication from the Department of Police, dated September 17, 1993, be received and filed; and That the Commissioner of Police be, and he hereby is, authorized to accept a 1993 Dodge Ram 150 pickup truck, donated by the United States Custom Service. PASSED. AYES - 13 NOES - 0. No. 59 Overtime for Deputy Police Commissioners Res #161 C.C.P., July 6, 1993 Attached please find general information on the reimbursement for the Police Officer Overtime for the World University Games as requested by your Honorable Body. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF FIRE No. 60 Certificate of Appointment Appointment effective 9-27-93 in the Department of Fire, Division of Administration, Thomas D. Feeney, 174 Alabama Street, Buffalo, NY 14204, to the position of Laborer II, Temporary, at the Intermediate starting salary of $10.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 61 Angelo Gibaldi and Rosaria Gibaldi Vs. City of Buffalo, Et Al Personal Injury Claim The above referenced claim for personal injuries was commenced in April 1989 in New York State Supreme Court alleging negligence on the part of the City of Buffalo. Jury selection was commenced on September 20, 1993 and several days of testimony followed. A negotiated settlement was reached in the afternoon of September 28, 1993. Unfortunately, the Claims Committee had met hours earlier on that date and was unable to review and consider this matter. The next Claims Committee meeting may well not be scheduled for another eight weeks. I, therefore, respectfully request immediate approval of my recommendation that the City of Buffalo contribute the amount of $35,000.00 towards the settlement of this action. A confidential, attorney work product, report has been delivered to each member of the Common Council. Your immediate approval of the recommended settlement is appreciated. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 62 Buffalo Access Center - Request to Place a Fenced Play Area at Cathedral Park Item No. 40, C.C.P., September 21, 1993 Attached for your Information is the Short Environmental Assessment Form for the project captioned above. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated September 28, 1993, be received and filed; and That "Buffalo Access Center - Request to place a fenced play area at Cathedral Park" 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 I) 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. 63 Scajaquada Pathway Phase II SEQR Lead Agency Designation Please be advised, prior to the implementation of the above-referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is an unlisted action. The Department of Community Development proposes to conduct a coordinated review and a Lead Agency responsible for determining the effect of the action on the environment must be designated from among the involved agencies within 30 calendar days of the date of this letter. The Department proposes to assume Lead Agency status for this project and respectfully requests your consent to this designation. The project Environmental Assessment Form (EAF - long form as per 617.6) is enclosed for your review. If the your Honorable Body has no objections to the designation of the Department of Community Development as Lead Agency, please sign this letter and return it to the Division of Planning at Room 901 City Hall. Buffalo, New York 14202. The Buffalo Common Council accepts and approves of the designation of the Department of Community Development as Lead Agency for the above-referenced project. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Request Authorization to Apply for Environmental Quality Bond Act Municipal Park Grant The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has announced the availability of approximately $3.5 million in grants for municipal park projects. These are not new funds. The $3.5 million are funds returned to the program by project sponsors unable to move projects forward for a variety of reasons. The grant application deadline is September 30, 1993. The City intends to apply for a $250,000 EQBA Municipal Park grant to construct a 400 foot long by 50 foot wide public "esplanade" along the north side of the new inner harbor being proposed in the Horizons Waterfront Commission's "Buffalo Harbor Master Plan". The grant funds will be used to provide amenities such as pavers, landscaping, lighting, benches and stairs to the river's surface for ice skating during the winter season. We request your Honorable Body approve an appropriate resolution authorizing the Mayor to submit the EQBA Municipal Park application to the OPRHP, to enter into and execute project agreements for said financial assistance, and to execute whatever other documents or take measures which are necessary to effectuate such financial assistance. We request your immediate action on this item given the application deadline. RECEIVED AND FILED. No. 65 McCarthy Park Improvements Change Order No. 1 I am requesting that Your Honorable Body approve a Change Order increasing the above contract. Due to the deteriorated field conditions of the existing black top surface, the contractor was required to perform additional preparation work, install an underlayment of weed barrier and install an additional depth of asphalt on the basketball court. The increase in contract is $1,500.00. In addition we are exercising our option to accept the unit price in the contract for additional spectator bleachers at a cost of $1,521. per bleacher. We are purchasing 8 additional bleachers at a total cost of $12,168.00. These additions will bring the total contract amount to $42,281.25. The contractor is Gleason's Nursery, Inc. I recommend that Your Honorable Body authorize the above additional work. We are also requesting a time extension to December 15, 1993 to complete the additional work. Funds for the work are available in Bond Fund 200-717-023. Mr. Fahey moved: That the communication from the Department of Community Development, dated September 28, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order No. 1 to Gleason's Nursery, Inc., in the amount of $12,168.00 for additional work relating to the McCarthy Park Improvements, with said cost to be charged against the Bond Fund 200-717-023. PASSED. AYES - 13 NOES - 0. No. 66 Operation-Maintenance War Memorial Stadium The purpose of this correspondence is to inform Your Honorable Body of an emergency situation related to the operation and maintenance of War Memorial Stadium (WMS) which requires your immediate attention. Formerly approved item #112 of CCP 4/27/93 authorized the Commissioner of Community Development in conjunction with the Corporation Counsel to enter into a Memorandum of Understanding (MOU) with the Board of Education (BOE) to provide for long term use and maintenance of WMS. This approval was contingent upon submission of the MOU to the Council for review and approval. As a result of Council approval, the BOE approved a resolution at its July 14, 1993 meeting authorizing the MOU between the BOE and the City. This resolution designated specific new personnel and funding in the BOE budget. As a result of these actions a MOU was negotiated between the BOE and the City and was circulated for approval by the Law Department on August 12, 1993. Instead of being approved, as anticipated, the MOU was rejected and a subsequent resolution by Councilmember Pitts, Item #234 CCP 9/7/93 requested a Charter Amendment to establish a War Memorial Stadium Community Board and further directed Community Development to identify funds for operation and maintenance. As of this date the facility is being utilized for high school football, junior league football and other requested events. Turf maintenance operations are being performed on an emergency basis by the Stadium and Auditorium Board. Event security, medical staff, insurance- bathroom paper products, janitorial supplies and clean up are the responsibility of the respective users for each event. The emergency situation which exists is that by rejecting MOU with the BOE as an operator, no funds are designated for utility costs. Outstanding electric bills currently total in excess of $7,000.00 and the gas is shut off. A source of funds must be identified for utility costs in order for our department to approve and schedule events on an interim basis. It has been estimated that electrical, hot water and heating costs for a twelve month period will be in excess of $25,000 depending on the number of events and night time usage. Due to the fact that Block Grant Funds cannot be utilized for utility costs, another source of funds must be designated as soon as possible in order to hold any further events this year. REFERRED TO THE COMMITTEE ON FINANCE. No. 67 Privately Held Properties in Crossroads Arena Area As requested, attached please find a listing of properties and corresponding assessment and property tax levies for the parcels in the proposed amended Waterfront Redevelopment Urban Renewal area. If additional information is required, please advise. REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE. FROM THE COMMISSIONER OF STREETS No. 68 "D. Hicks - Cancel Trash Collection Fees 98 Montclair" Item #82, C.C.P. September 21, 1993 On August 22, 1993, Ms. Hicks wrote a letter stating the trash collected on 12/17/92 was from 100 Montclair. This statement was in error as the trash was picked up from 98 Montclair as indicated on the summons 50334375 dated 12/17/92 for trash out illegally. On 1/12/93 Debbie Hicks owner of 98 Montclair paid the sum of forty dollars ($40.00). Twenty dollars ($20.00) the original amount plus a penalty of twenty dollars ($20.00) for late payment. Ms. Hicks could have chosen not to pay the summons and appear before the hearing officer to state her reasons for not paying the fine. However, Ms. Hicks chose to pay the fine which in my estimation is an admission of guilt. I do not feel after reviewing the situation that the trash collection fees should be cancelled. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 Certificate of Appointment Appointment effective September 28, 1993, in the Department of Street Sanitation, Michael W. Schmitt, 131 Parwood Drive, Cheektowaga, New York 14227, to the position of Laborer II (Hrly) Temporary, Non-Competitive, at the Maximum starting salary of $10.67 hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 70 Certificate of Appointment Appointment effective October 4, 1993 in the Department of Street Sanitation, Samuel W. Grossman, 101 North Ryan, Buffalo, New York 14210, to the position of Truckdriver, Temporary, at the Maximum starting salary of $23,728 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 71 Kingsley New Housing Project Amendment to Land Disposition Agreement James Management Co., Inc., Redeveloper The City of Buffalo Urban Renewal Agency duly designated James Management Co., 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 amendment to Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 72 Hasten New Housing Phase I Amendment to Land Disposition Agreement Omega Homes, Inc. The City of Buffalo Urban Renewal Agency duly designated Omega Homes, 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. No. 73 Stanislaus New Housing Project Approval of Land Disposition Agreement SMT, Inc. The City of Buffalo Urban Renewal Agency duly designated SMT, 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. No. 74 Report of Emergency Bid for Demolition- 65 Johnson Street Due to the very serious and hazardous condition of the fire-damaged building located at 65 Johnson 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 September 9, 1993 and that their contract will be awarded to the following responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 65 Johnson St. and Shed Pilot Construction Jennell Winters $4,600.00 378 Swan St. 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 September 14, 1993 be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Pilot Construction at a total cost of $4,600.00, relating to 65 Johnson Street and Shed, 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. 75 Report of Emergency Bid for Demolition of 534 and 536 Sherman Due to the very serious and hazardous condition of the buildings located at 534 and 536 Sherman Commissioner Joseph V. Schollard - Department of Inspect ions and Community Revitalization has requested the immediate demolition of the buildings located at 534 and 536 Sherman. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at 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 August 20, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID Sam Delmonte Demolition 534 Sherman $3,800.00 City of Buffalo 536 Sherman $4,800.00 Angela, Rosie and Charles $8,600 Total Amount of Bid Dixon - 536 Sherman 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 to demolish the building located at 534 Sherman be charged to the Capital Projects Fund #200-241-002-00000. The cost to demolish the building located at 536 Sherman 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 September 14, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Sam Delmonte Demolition at a total cost of $8,600.00, relating to 534 and 536 Sherman, is hereby confirmed, ratified and approved, with said cost for 532 Sherman be charged to the Capital Projects Fund #200-241-002-00000 and 536 Sherman 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. 76 Approve Phase II School 62 Funding The Phase II conversion of the former School 62 facility in the Fillmore District is underway and The Buffalo Urban Renewal Agency has approved the provision of $350,000 in U.S. Dept. of Housing and Urban Development HOME Urban Homesteading funds to Broadway-Fillmore N.H.S. (project developer) to continue the project. The Dept. of Inspections and Community Revitalization hereby request Common Council approval of the funding described above. Mr. Fahey moved: That the communication from Inspections and Community Revitalization, dated September 30, 1993, be received and filed; and That the Common Council approve the funding of $350,000 in U.S. Department of Housing and Urban Development HOME Urban Homesteading funds to Broadway-Fillmore N.H.S., Phase II School 62. PASSED. AYES - 13 NOES - 0. No. 77 Request for Compromise of Demo Costs 142 West Delavan Item No. 87, C.C.P. 9/21/93 With regard to the above subject property, please be advised a one and a half story frame dwelling was demolished on this property for the total cost of $8000.00. The work was completed on August 2, 1991. All State and city laws have been observed and followed. Also be advised that Mr. Daniel Sansanese signed a consent form on 12/3/90, to have the City demolish the above mentioned building. REFERRED TO THE COMMITTEE ON FINANCE. No. 78 Certificate of Appointment Appointment effective 10/1/93, in the Department of Inspections and Community Revitalization, Tracy A. Krug, 320 Potters Road, Buffalo, New York 14220, to the position of Building Inspector, Permanent, at the Maximum starting salary of $32,057. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 79 Memorandum of Agreement City of Buffalo and Teamsters Local 264, Pipecaulkers and Compressorman's Unit July 1, 1993 through June 30, 1995. Attached please find a Memorandum of Agreement between the City of Buffalo and the Teamsters Local 264, Pipecaulkers and Compressorman's Unit, for the contract period July 1, 1993 through June 30, 1995. This Agreement is applicable to approximately 40 employees, and provides a 4% salary increase for the fiscal year 1993-1994, and a 5% salary increase for the fiscal year 1994-1995. The agreement also provides modifications to the following benefits: overtime, leave time, longevity and health insurance coverage. Your approval of this Memorandum of Agreement is respectfully requested. Mr. Fahey moved: That the communication from the Department of Administration and Finance, dated September 28, 1993, be received and filed; and That the Memorandum of Agreement between the City of Buffalo and Teamsters Local 264, Pipecaulkers and Compressorman's Unit, for the contract period July 1, 1993 through June 30, 1995 be approved and ratified. PASSED. AYES - 13 NOES - 0. No. 80 Info. - Appt. Ins., Contract Analyst Com # 134, C.C.P., September 7, 1993 Per the request of Council Staff dated September 14, 1993, the following is a description of the duties of the incumbent Insurance Contract Analyst. Self Insured Auto Liability Program Receive and file all claims forwarded by City Law Department for damages resulting from operation of City vehicles. Assign claims which need to be investigated to independent adjusting service (Allied Claims). Arrange for appraisal of damages, when necessary, for clear liability cases not sent to independent adjuster. Review estimates of damages submitted by claimants for reasonableness regarding small claims. Inspect damaged property for claims not assigned to Adjusting Service or appraisal service. Interview witnesses, City drivers as needed. Obtain police reports as needed. Request City driver reports when not previously submitted to this department. Input and track Service Order requisitions for payment of claims through City PAS System. Input accident history to DBASE program for tracking of claim statistics paid through the Self Insured Auto Liability Program. Review settlement of claims with Independent Adjusters, obtain releases when appropriate. Send Denial Letters when appropriate. Unemployment Insurance Act as liaison between department heads and Third Party Administrator regarding protestable Unemployment Claims. Explain unemployment insurance procedures to Department heads and authorized personnel as needed. Resolve problems with claimant benefit rates and non-receipt of benefits. Answer questions from claimants re: status and benefit rate when appropriate. Process requests for information from department timekeepers and from the Third Party Administrator regarding terminated/laid off employees. Review Notice of Benefit Charges prepared and submitted by State Unemployment Insurance Division. Prepare bills for reimbursement from enterprise funds. Life Insurance Update data base of Group Life Insurance program. Cross-check to active Payroll register for deletions, additions and change of status. Process all life insurance claims, applications for Waiver of premium to a direct pay policy for terminated/discharged employees. Prepare and calculate monthly bill. Answer employee and retiree and family requests for information regarding life insurance coverage. Arrange for policy additions and changes in coverage when required. This position was transferred to this division in 1992 from the Department of General Services. The incumbent was appointed this position provisionally January 24, 1989. Per the terms of the Collective Bargaining Agreement with Local 650 he is entitled to appointment at the maximim step. Attached are the specifications as approved by the New York State Civil Service Commission. REFERRED TO TIE COMMITTEE ON CIVIL SERVICE. No. 81 Updated Revenue and Expenditure Information Item No. 221, C.C.P., 9/21/93 In regard to the above-referenced resolution by Councilmember LoTempio, requesting information on the 1993-94 budget, this office will be filing with Your Honorable Body a detailed report on the first quarter of fiscal 1993-94 by the end of October, 1993. This is consistent with my recommendation in item No. 131, C.C.P. 9/7/93, "Quarterly Budget Report", to amend the city charter to require quarterly reports from the Budget Director and the Comptroller. RECEIVED AND FILED. No. 82 Rescind Fee for Block Club Party Item No 216, C.C.P. 9/8/93 During the past budget cycle departments were asked for new areas where cost recovery could be implemented. One area that came up was encroachment on the City's right of way. The City already charges for these encroachments for cafes, dumpsters, signs, canopies, receptacles or anything else that impedes the public's right of way or causes the City an administrative burden. The closing of a street for a party certainly impedes the public's right of way and causes the City both an administrative burden and cost of placing the barricades. The $12 fee is very reasonable and does not even cover the administrative costs. The 1993-94 City budget included $3,700 in revenue for street closings of all types. While this is not a great deal of revenue, Your Honorable Body should not approve legislation to generate revenue then subsequently rescind it during the same fiscal year. If Your Honorable Body elects to rescind this fee I recommend that it be effective 7/1/94 so that the legislation supports the budgeted revenue for a full fiscal year. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 83 Certificate of Appointment Appointment effective September 23, 1993, in the Department of Human Resources, Division of Substance Abuse Services, Charlene E. Scherer, 44 Kimberly Avenue, Buffalo 14220, to position of Typist, Permanent, at the Maximum starting salary of $21,352. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 84 Amended Certificate of Appointment Appointment effective July 5, 1993, in the Department of Human Resources, Division of Substance Abuse Services, Nathanial J. Harbin II, 411 Emslie St., Buffalo 14206, to the position of Counselor III Provisional at the Intermediate starting salary of $22,955. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 85 Amended Certificate of Appointment Appointment effective July 22, 1993, in the Department of Human Resources, Division of Substance Abuse Services, Kathleen Cunningham-Isch, 317 Woodside Ave., Buffalo 14220, to the position of Senior Substance Abuse Specialist, Permanent, at the Intermediate starting salary of $27,236. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 85 Consolidation Recommendations As I stated in my communication of September 7, 1993, my department is in favor of consolidating all procurement functions of the City and Boards into one operation. Currently the City and B.M.H.A. are operating in a consolidated function. I believe the other Boards associated with City government can consolidate; thus eliminating duplicative work and realize the economics of larger buying power". Some possible recommendations to anticipated questions are: Location: Currently there is much unoccupied space on the 19th floor of City Hall, with additional offices anticipated on the 20th floor upon "Central Garage" consolidation completion. System: Data Processing has developed a "Paperless" requisition, P.O. and accounting system that I believe can be adaptable to all current purchasing systems. Funding: All using entities would fund according to current budgets with utilization being the funding criteria in future. Savings: Through attrition over several years (promotions, transfers, retirement etc.) salaries plus fringe benefits would be direct savings. Volume purchasing, reduced advertising and office expenses and making central purchasing available to smaller agencies would be other variable savings. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 87 Back Pay for Joseph K. Migas I am requesting your approval for back pay for Joseph K. Migas, a seasonal Laborer II in the Department of General Services, Division of Inventory & Stores. Due to a shortage of manpower in our garages Mr. Migas had to be called back to work on an emergency basis on August 14, 1993, without the proper paperwork being done. It was not possible for the paperwork to be processed since Mr. Migas was called in on a Saturday and the pay period ended the following day. Anything that your honorable body can do to expedite this matter would be greatly appreciated as Mr. Migas did work and is due these earnings. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF EDUCATION No. 88 Consolidation of Purchasing Departments Meetings and discussions centering on the possible merging of the Buffalo and Board of Education Purchasing departments have taken place as early as the 1970's. Comparisons were made and like practices enumerated. However, no concrete time table was ever put into effect regarding any definite consolidation of the two (2) offices. I can speak from a unique position, having served as a Buyer for the City of Buffalo, Division of Purchase for over fourteen (14) years, prior to assuming my current position of purchasing Agent for the Board of Education. Few have had first-hand experience in both offices. Both offices utilize a computerized financial system. The Board's is much more complex, the City's is somewhat lacking in management information. Both provide basic financial data, but management reports, etc., are much easier to produce and use with PBA/PAR, the Board's system. It is my recollection, having served on the project team which developed PAS, the City's configuration, that it was designed to be more of a working system, as opposed to a management tool. Both PBA/PAR and PAS were designed to operate on Honeywell/Bull hardware. However, they were fashioned for two (2) different generations of equipment. The technical problems of migrating one system to another would be quite difficult as well as expensive. I would not be able to place a dollar value on such a technical question, but I am certain that any perceived cost savings would be substantially offset by the considerable expense in merging the two systems, (if indeed it is even possible to do so) . Figures from the Common Council's Committee on Computer Consolidation estimate the cost of such a consolidation would reach $4,300,000. Given the current atmosphere of budget restraints, it does not appear to be in the best interest of the taxpayers of the City of Buffalo to attempt such an undertaking. Neither office operates in a vacuum. Both work quite closely with their respective Accounting, Auditing and Data processing sections. Any effort toward consolidation must take into consideration all effected functions, not just the purchase role. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE BUFFALO SEWER AUTHORITY No. 89 Duplicate Health Insurance Item No. 200, C.C.P., 9/7/93 The Buffalo Sewer Authority currently cross checks its employee records for duplicate coverage of health insurance. Also, a waiver of insurance program is offered to BSA employees. These are the only employee records to which the BSA has access. Since the City Comptroller's Division of Data Processing maintains records on all City, Board of Education and Agency employees through the payroll and personnel systems, the Buffalo Sewer Authority anticipates that the Division of Data Processing will develop the initial list of employees and spouses who have the potential of duplicate health insurance coverage. If any of these listed personnel are employees of the Buffalo Sewer Authority, please send their names to the attention of John Doyle, the Director of Employee Relations. He will thoroughly investigate each case that is brought to his attention and work with the corresponding City department. The Authority will be glad to work with the Common Council in their efforts. RECEIVED AND FILED. No. 90 Responsibility of Maintaining the Existing Sewer Line on York Street Item No. 150, C.C.P. 6/8/93 On August 9, 1993 the T.V. inspection crew televised the 16th Street sewer. Our television was unable to identify the exact location of where York Street sewer intersects the 16th Street sewer. It was determined that the two sewers do not meet at a right angle. Instead, the main sewer from 16th Street takes a sweeping curve, entering private property behind the homes along York Street on the North side. Test Pits will be required to determine exactly where the sewer enters private property. Our Repair Crew will be assigned to this as soon as possible. When the main sewer is located, it is our intention to build a manhole for cleaning and maintenance purposes. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK No. 91 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state, from 8:30 A.M. until 4:30 P.M., on Wednesday, September 29, 1993. RECEIVED AND FILED. No. 92 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer. Department of Streets Corporation Counsel RECEIVED AND FILED. No. 93 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Fire - Michael Gesel, Lawrence P. Hakes RECEIVED AND FILED. No. 94 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 481 Howard St. Poppeye's Pizza David M. Young RECEIVED AND FILED. No. 95 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: Fire- Johnny L. Bonner Administration and Finance- Thomas F. Keenan Human Resources- Kelli A. Blakely, Diane M. Hempling, Sandra Woods RECEIVED AND FILED. No. 96 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 Youth Board RECEIVED AND FILED. No. 97 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. DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective September 27. 1993, in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the Position of Laborer I, Seasonal, Non-Competitive, at the starting salary of $6.22 hr. Michael Ahern, 1232 Clinton St., Buffalo, 14206 Willie Anderson, 115 Shumway St., Buffalo, 14206 Maurice Bell, 36 Dodge St., Buffalo, 14209 Elaine Bushen, 152 Whitfield St., Buffalo, 14220 John Conrad, 108 Woodside Ave., Buffalo, 14220 Jacob Craddock, 42 Hoffman St., Buffalo, 14207 James Cummings, 58 Good Ave., Buffalo, 14220 Appointment effective September 27, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer I, Seasonal, Non-Competitive, at the flat starting salary of $6.22 hr. Salvatore Dobrowolski, 119 Arbour La., Buffalo, 14220 Patrick Farry, 142 Ridgewood Rd., Buffalo, 14220 Joseph Fern, 47 Marine Dr., Buffalo, 14202 William Fletcher, 383 Skillen st., Buffalo, 14207 Michael Glavey, 7 Britt St., Buffalo, 14220 William Gorman, 5 Putnam St., Buffalo, 14213 Walter Griffin, 1039 Smith St., Buffalo, 14212 Appointment effective September 27, 1993, in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer I, Seasonal, Non-Competitive, at the flat starting salary of $6.22 hr. Edward Hackbush, 173 Heath St., Buffalo, 14214 Thomas Halbert, 117 Stevenson St., Buffalo, 14220 James Hearn, 89 Whitfield St., Buffalo, 14220 Thomas Hosking, 17 Milford St., Buffalo, 14220 Gerald Hayes, 28 Cazenovia St., Buffalo, 14220 Christopher Kustra, 372 Marilla St., Buffalo, 14220 Kevin Lalley, 81 Densmore Ave., Buffalo, 14220 Appointment Effective September 27, 1993, in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer I, Seasonal, Non-Competitive, at the flat starting salary of $6.22 hr. Matthew Lalley, 21 Edgewood Ave., Buffalo, 14220 Leonard Laufer, 148 Brinkman St., Buffalo, 14211 William Laufer, 148 Brinkman St., Buffalo, 14211 Norris Mays, 416 Winslow St., Buffalo, 14211 Kurt McGowan, 8 Fields St., Buffalo, 14210 Peter Nigrelli, 160 Bloomfield Ave., Buffalo, 14220 Appointment effective September 27, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer I, Seasonal, Non-Competitive, at the flat starting salary of $6.22 hr. Terrence O'Rourke, 43 Norwood Ave., Buffalo, 14222 Michael Parot, 1232 Clinton St., Buffalo, 14206 Daniel Purcell, 27 Athol St., Buffalo, 14220 James Quinn, 723 McKinley Pkwy., Buffalo, 14220 Kellie Safford, 284 Grape St., Buffalo, 14204 Rebekah Safford, 284 Grape St., Buffalo, 14204 Earl Rott, 75 Juniata Pl., Buffalo, 14210 Appointment effective September 27, 1993, in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $6.22 hr. Joyce Baginski, 170 Titus St., Buffalo, 14212 Frank Bell, 36 Dodge St., Buffalo, 14209 Margaret Bugaj, 31 Parkview st., Buffalo, 14210 Sharon Campbell, 205 Marine Dr., Buffalo, 14202 Ann DiStefano, 2096 Delaware Ave., Buffalo, 14216 M.T. McNeal, 791 Sycamore St., Buffalo, 14212 Charles Mims, 79 Harmonia St., Buffalo, 14211 Appointment effective September 27, 1993, in the Department of Stadium & Auditorium Division, of Memorial Auditorium, to the position of Laborer I, Seasonal, Non-Competitive, at the Flat starting salary of $6.22 hr. Joseph Scherer, 44 Kimberly St., Buffalo, 14220 Scott Schumacher, 64 Armin Pl., Buffalo, 14210 Randolph Schuster, 77 Melrose Pl., Buffalo, 14220 Darlene Swenton, 42 Philadelphia St., Buffalo, 14207 David Wilds, 181 Choate St., Buffalo, 14220 Mark Zimmer, 87 Juniata Pl., Buffalo, 14210 Gerard Seltz, 192 Whitfield St., Buffalo, 14220 Appointment Effective September 27, 1993, the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer Il, Seasonal, Non-Competitive, at the flat starting salary of $6.92 hr. Maurice Perry, 818 Elk St., Buffalo, 14210 Arlene Simpson, 42 Riverside Ave., Buffalo, 14207 James Toms, 82 Rosedale St., Buffalo, 14207 John Thiry Sr., 158 Montgomery St., Buffalo, 14206 Denise Jones, 973 Ellicott St., Buffalo, 14203 Appointment Effective September 27, 1993 in the Department Stadium & Auditorium, Division of Memorial Auditorium, to the position of Senior First Class Stationary Engineer, Temporary, Non-Competitive, at the flat starting salary of $7.33 hr. Thomas Lizak, Jr., 226 Columbus Ave., Buffalo, 14220 Jeffrey M. Moffett, 60 Tuscarora Rd., Buffalo, 14220 Thomas Evans, 142 Bloomfield Ave., Buffalo, 14220 Paul Rybak, 337 Cumberland Ave., Buffalo, 14220 DEPARTMENT OF PUBLIC WORKS Appointment effective 9/20/93, in the Department of Public Works, Vincent Astyk, 18 Strathmore Ave., 14220, to the position of Laborer II, Permanent, Non-Competitive, at the Minimum starting salary of $9.38 hr. Appointment effective September 27, 1993 in the Department of Public Works, Division of Buildings, Beverly A. Hassett, 302 Potters Road, Buffalo 14220, to the position of Typist Temporary, Appointment at the Minimum Starting Salary of $19,252. Appointment effective September 27, 1993, in the Department of Public Works, Division of Water, Martin D. Gartz, 149 Kentucky Street, Buffalo, 14204, to the position of Water Service Worker Permanent at the Minimum starting salary of $20,857. Appointment effective September 27, 1993, in the Department of Public Works, Division of Water, Paul M. Kujawski, 22 Ashley Street Buffalo, 14212, to the position of Water Service Worker, Permanent at the Minimum starting salary of $20,857. Appointment effective September 13, 1993, in the Department of Parks, Division of Recreation, Paul Flanagan, 43 Hammerschmidt, Buffalo 14210, to the position of Special Service Instructor I Temporary at the starting salary of $6.50 hr. Appointment effective September 16, 1993 in the Department of Parks, Division of Recreation, Daniel Karlinski, 349 Walden Ave., Buffalo 14211, to the position of Special Service Instructor I, Temporary at the flat starting salary of $ 6.50 hr. DEPARTMENT OF POLICE Appointment effective September 17, 1993, in the Department of Police to the position of Civilian School Crossing Guard TSAR Seasonal, Non-Competitive, at the Minimum starting salary of $5.49 hr. JoAnne Difrancisco, 783 Seventh Street, Buffalo 14213 Ann McArthur, 26 Ashton Place, Buffalo 14220 Appointment effective September 20, 1993 in the Department of Police, Linda M Ufland, 206 Amber Street, Buffalo 14220, to the position of Civilian School Crossing Guard TSAR, Seasonal, Non-Competitive, at the Minimum starting salary of $5.49 hr. Appointment effective September 13, 1993 in the Department of Police, Susan M Barrows, 55 Narragansett Road, Buffalo 14220, to the position of Report Technician, Provisional at the Minimum starting salary of $20,120. Appointment effective September 12, 1993 in the Department of Police, to the position of Cellblock Attendant, Provisional at the Minimum starting salary of $21,206 Willard Anderson, 222 Mulberry Street, Buffalo 14204 Thomas Mann, 284 Miami Street, Buffalo 14204 Appointment effective September 20, 1993 in the Department of Police, Harry J Trippett, 1814 Cain Road, North Collins 14111, to the position of Superintendent of Fleet Maintenance, Permanent at the Minimum starting salary of $31,838. Appointment effective September 27, 1993 in the Department of Police, James N Fagen, 400 West Avenue E-6, West Seneca 14224, to the position of Police Lieutenant, Permanent, at the Flat starting salary of $45,105. Appointment effective September 27, 1993 in the Department of Police, Katherine A Plesac, 3667 South Hill Road, Hamburg 14075 to the position of Police Lieutenant, Permanent Contingent, at the Flat starting salary of $45,105. Appointment effective September 27, 1993 in the Department of Police, Donald R Fry, 131 Summit Avenue, Buffalo 14214, to the position of Police Captain, Permanent Promotion, at the Flat starting salary of $51,676. Appointment effective September 27, 1993 in the Department of Police, Thomas M Telesco, 600 Evergreen, Town of Tonawanda 14150, to the position of Police Captain, Contingent Permanent at the Flat starting salary of $51,676. DEPARTMENT OF FIRE Appointment effective 9/20/93 in the Department of Fire, Division of Administration, Angel L. Quiros, 393 7th Street, Buffalo, New York 14201, to the position of Sign Painter, Provisional, at the Minimum starting salary of $22.586. DEPARTMENT OF STREET SANITATION Appointment effective September 21, 1993 in the Department of Street Sanitation, Gregory R. Wagner, 47 VanRensselaer Street, Buffalo, New York 14210, to the position of Laborer II, Permanent Non-Competitive, at the Minimum starting salary of $9.38 hr. Appointment effective September 29, 1993 in the Department of Street Sanitation, Mark J. Bonadonna, 135 Stratford, Buffalo, New York 14216, to the Position of Laborer II, Permanent Non-Competitive, at the Minimum starting salary of $9.38 hr. Appointment effective September 21, 1993 in the Department of Street Sanitation, John T. Colangelo, 29 Whitehall Avenue, Buffalo, New York 14220, to the position of Truckdriver, Permanent at the Minimum starting salary of $21,206. DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION Appointment effective 9/7/93 (Corrected Copy) in the Department of Inspections and Community Revitalization, Jennifer Gallagher, 161 Bloomfield, Buffalo, New York 14220, to the position of Clerk Non-Competitive, at the Flat starting salary of $5.20 per hour. Appointment effective 9/7/93 (Corrected Copy) in the Department of Inspections & Community Revitalization, Molly McGrath, 55 Mumford, Buffalo, New York 14220, to the position of Clerk, Seasonal Non-Competitive, at the Flat starting salary of $5.20 per hour. Appointment effective 9/7/93 (Corrected Copy) in the Department of Inspections & Community Revitalization, Mary O'Brien, 159 Harding Road, Buffalo, New York 14220, to the position of Clerk, Seasonal Non-Competitive, at the Flat starting salary of $5.20 hr. Appointment effective 9/29/93 in the Department of Inspections and Community Revitalization, Anita Sengbush, 54 Como, Buffalo, New York 14220, to the position of Clerk, Seasonal Non-Competitive, at the Flat starting salary of: $ 5.20 hr. Appointment effective 9/20/93 in the Department of Inspections & Community Revitalization, Francis J. Cunningham, Jr., 109 Unger, Buffalo, New York 14210, to the position of Building Inspector, Permanent at the Minimum starting salary of $27,249. Appointment effective 9/22/93 in the Department of Inspections & Community Revitalization, Timothy M. Curtin, 131 Cushing, Buffalo, New York 14220, to the position of Building Inspector, Permanent at the Minimum starting salary of $27,249. Appointment effective 9/27/93 in the Department of Inspections & Community Revitalization, Joseph Paolucci, 85 Highview Terrace, Buffalo, New York 14220, to the position of Building Inspector, Permanent at the Minimum starting salary of $27,249. Appointment effective 10/1/93 in the Department of Inspections & Community Revitalization, Dennis A. Jowsey, 90 Dewitt, Buffalo, N.Y. 14213, to the position of Building Inspector, Permanent at the Minimum starting salary of $27,249. DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment effective September 20, 1993 in the Department of Administration and Finance, Christine Scinta, 184 14th Street, Buffalo 14213, to the position of Clerk, Seasonal Non-Competitive, at the Flat starting salary of $5.20 hr. Appointment effective September 27, 1993 in the Department of Administration and Finance, Division of Parking Enforcement, Theresa F. Szymanski, 103 Goodyear Avenue, Buffalo 14212, to the position of Clerk, Seasonal Non-Competitive, at the Flat starting salary of $5.20 hr, Appointment effective October 4, 1993 in the Department of Administration and Finance, Division of Parking Enforcement Mary Ann Urso, 363 Normal Avenue, Buffalo 14213, to the position of Clerk, Seasonal Non-Competitive, at the Flat starting salary of $5.20 hr. Appointment effective October 4, 1993 in the Department of Administration and Finance, Division of Labor Relations, Susan D. Cotellessa, 291 Potomac Avenue, Buffalo, New York, to the position of Absentee Investigator, Temporary Appointment, at the Minimum starting salary of $23,778. DEPARTMENT OF HUMAN RESOURCES Appointment effective August 30, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Peter T. Juliano, 505 Lisbon Avenue, Buffalo 14215, to the position of Fiscal Supervisor, Provisional, at the Minimum starting salary of $26,410. DEPARTMENT OF GENERAL SERVICES Appointment effective September 13, 1993 in the Department of General Services, Division of Inventory & Stores, Victor W. Leone, 226 Norwood Ave., Buffalo, 14222, to the position of Laborer II, Seasonal Non-Competitive, at the Flat starting salary of $6.92/hr. Appointment effective September 27, 1993 in the Department of General Services, Division of Inventory & Stores, Paul L. Desiderio, 70 Hayden St., Buffalo, 14210, to the position of Laborer II, Seasonal Non-Competitive, at the Flat starting salary of $6.92/hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 98 J. BALL Status of Injury Claim On June 22, 1989, I was injured while riding my bicycle on Colvin Avenue at the corner of Colton Drive when the front wheel of my bike hit a hole, which was disguised by water after a heavy rainfall. I secured the help of an attorney, who notified the City Law Department of my injuries by filing a claim for reimbursement for my medical expenses. To date, nothing has happened in this matter. All I am requesting is reimbursement for my medical expenses. I have no plans on suing the city for an exorbitant amount of money. I would appreciate it if the Common Council Claims Committee would review this matter. I have also enclosed copies of photographs taken of the corner, which has been repaired. REFERRED TO THE COMMITTEE ON CLAIMS. No. 99 BUFFALO CABLE ACCESS MEDIA Disperse Money for 12 Mo. Period ($41,024) Buffalo Cable Access Media (BCAM) is requesting the Common Council approve the disbursement of $ 41,024.00 of supplemental monies for public access operations for a 12 month period. The breakdown is as follows: $ 20,000 Will be used to cover expenses for the Production Trainer's salary and health insurance. This is in accordance to the arrangement with TCI for the additional monies. $ 21, 024. 00 BCAM is requesting the remaining dollars in the public access fund to be used to cover the salary and fringe benefits of hiring a Community Outreach Coordinator. This position will assist BCAM in developing outreach and promotional campaigns to increase our visibility in the community. This will help attract new organizations to public access in an attempt to bring more diverse programming to the public access channel. REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE COMPTROLLER. No. 100 BUFFALO CABLE TELEVISION POLICY BOARD Release of Funds to BCAM The Buffalo Cable Television Policy Board is concerned that the City maintain and stabilize its commitment to providing public access cable television to the City during the time prior to our renewal of the cable franchise agreement. We urge the Common Council to release available funds for use by Buffalo Cable Access Media (BCAM) for this purpose. We have been advised that the City now has $ 41,000.00 which could be allocated for BCAM's urgent needs, to prevent attrition in their operation or reduction in quality of services being provided during the coming season. REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE COMPTROLLER. No. 101 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION BEDC Sale of 357 Broadway Neighborhood Commercial Land Bank In October of 1991, the City sold 124 vacant parcels on various commercial arterials to BEDC for $335,000 as Phase I of the Neighborhood Commercial Land Bank. Pursuant to the Administration Agreement approved by Your Honorable Body on 10/29/91, all parcels to be re-sold for commercial development by BEDC shall be submitted for Council approval with prior consultation with the District Councilmember. Councilmember Pitts was supplied with the attached description of sale on June 4, 1993. The BEDC has received an offer to purchase 357 Broadway from Transitional Services, Inc. The property is a single, vacant lot at the southwest corner of Broadway and Archie Place. Transitional Services, Inc. intends to use the property for staff and visitor parking for an adjacent building at 349-353 Broadway which the applicant intends to purchase and renovate for housing for disabled homeless persons. The proposed sale price is $3,700 or $1.15 per sq. ft. The proceeds of the proposed sale will be deposited in a trust fund to maintain and market the remaining parcels and to acquire added parcels from the City, as per the Agreement. Attached is a description of the transaction. Your approval is being sought pursuant to the procedure contained in the Administration Agreement. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 102 CANISIUS COLLEGE It was a pleasure meeting you and having lunch at the college on September 29. The college appreciates your offer to expedite our request to mount decorative banners on 38 city street lamps in front of our various properties, while our long term purpose is to bring a sense of festivity and pride to our part of the city, our immediate need is to add visual excitement to our upcoming Open House, November 20, scarcely seven weeks away. On behalf of Fr. Cooke, per your request, I am forwarding the details which you requested. Here is our written plan: Summary After obtaining a bond, we will employ our buildings and grounds crew to erect banners (two per pole) on 38 lampposts adjoining our properties from Humboldt Parkway down to Florida Street. This plan has been circulated among the residents of the Hamlin Park community for their approval by our Director of Community Relations, Martha Veasey. The metallic support system will be heavy weight weather resistant material similar to that used at Erie Community College's City Campus Natatorium and the banners will be printed on a tough weather resistant canvas-type material. The blue and gold banners will display the college seal and the words "Canisius College" and "The Jesuit College in Western New York." We will monitor the appearance of the banners and anticipate rotating new designs semi-annually to ensure a fresh look. Mr. Fahey moved: That the communication from Canisius College, dated September 30, 1993, be received and filed; and That Canisius College is authorized to erect banners (two per pole) on 38 lampposts adjoining their properties from Humboldt Parkway down to Florida Street in honor of their Open House on November 20, 1993. PASSED. AYES - 13 NOES - 0. No. 103 C. Griffasi Reopen Main St. to Vehicles I am writing to request a feasibility study to reopen Main Street in downtown Buffalo to allow cars back on Main Street and to eliminate the maze type of streets downtown. Bringing back auto traffic on Main Street will be healthy for businesses and Buffalo. It will also be a very important arterial in making waterfront development successful. Without opening Main Street to auto traffic we will lose three ways: unsuccessful Main Street businesses, an unsuccessful Buffalo, and an unsuccessful waterfront. I believe not opening Main Street will be a retardant to the success of the waterfront area. The success in improving our city is in your hands. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 104 MARINE DRIVE APARTMENTS, INC. Oppose Alarm License Fee I am in receipt of a letter from the Department of Public Works, City of Buffalo; that requires registering of alarms and alarm monitoring systems that connect directly with the City of Buffalo Fire Department, up to which Marine Drive Apartments, Inc. is directly connected. Our Board of Directors and myself feel that imposing a fee of $1500 is a great burden and alarmingly unreasonable. It is a strong possibility that our company would consider a monitoring service however being a high rise complex with a large tenancy, we realize that the response time would be much greater in case of an emergency. We in turn also feel that a more modest licensing fee would be in order. I would hope that the Common Council would realize the horrendous impact such a fee would have not only on a complex our size but on much smaller complexes. RECEIVED AND FILED. No. 105 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Oil Spill - Buffalo River As per your resolution number 225 dated September 7, 1993, please find enclosed a concise report of the Buffalo Color spill on August 7, 1993. Should you have any further questions, please call me at 851-7220. RECEIVED AND FILED. No. 106 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Status - Burning Wastes - NAES Councilman Alfred Coppola referred the Council's request for information to this Department regarding chemical contamination and the burning of hazardous waste by North American Environmental Services, Industrial Realty and Funding Inc., and associated companies. This Department is advised of the allegations concerning these companies. The Division of Law Enforcement, Bureau of Environmental Conservation Investigation, has been investigating this matter. Once the investigation is concluded, the Department may be in a position to provide the Council with the information it is requesting. Please be aware that a removal of waste oil, PCB-contaminated oils, and asbestos is being arranged for by North American Services at its Kenmore facility with the oversight of this Department. The removal is in progress and is expected to be completed in the near future. The Department shares the Council's concerns regarding this matter, and it is taking action to address any related environmental impacts. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 107 J. PICCIONE Cancel Interest on Taxes I challenged my assessment for 1993, and apparently because of the amount of challenges, my tax bill was late in being processed. I did not receive the 30 day notice that other property owners in the city received. Because of the delay in the city mailing my bill, I was unable to pay until August 31st and was charged an extra $32.85. Due to my limited amount of resources, it was difficult to come up with the necessary funds any sooner. I would appreciate a review of this extra charge. I think it's unfair that I was penalized because the city had an overwhelming amount of challenges this year, which were not inputted into the Assessment Department's computer files in a timely manner. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 108 PRICE WATERHOUSE HOUSING PRESERVATION STUDY FINAL REPORT Attached is the final report on Housing Preservation as submitted from the Price Waterhouse consultants. A meeting is being arranged with Price Waterhouse to discuss the report in detail. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION, AND THE HOUSING OVERSIGHT COMMITTEE. PETITIONS No. 109 I.W.S., owner, petition to use 211 Ganson Street to erect a new one (1) story masonry building for offices. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 110 The Steer Rest., petition to use 3155 Main Street as a restaurant/night club. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 111 Stephen J. Frisiearo, owner, petition to use 1096-1098 Elmwood Ave. as a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No 112 Giorgi & O - Opp. Needle Exchange REFERRED TO THE COMMITTEE ON LEGISLATION. No. 113 Carl St. Block Club - Crime Watch Petition- E Delavan St. Mr. Fahey moved: That the communication from the Carl Street Block Club, be received and filed; and That Crime Watch signs be placed at the corner 01 East Delavan at Carl Street facing Carl Street and at Northland facing Carl Street. PASSED. AYES - 13 NOES - 0. No. 114 B. Rollins & O - Chg. Name of War Memorial Stadium to Buffalo Soldiers War Memorial Stadium. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. REGULAR COMMITTEES CLAIMS HON. BRIAN M. HIGGINS CHAIRMAN No. 115 Claims Committee Report Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Umar Adeyola and David Gerald Jay, Esq. As Attorney $7,500.00 A 2. Arlene and John Dyche $5,000.00 There are no Insurance Companies involved in the settlement of the above claims. A 3. Thomas P. and Cheryl Nilka and Royal Insurance Company $5,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES - 13 NOES - 0. No. 116 Personal Injury A 4. W. Ralph Larson and Connors & Vilardo, His Attorneys $21,500.00 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Higgins moved: The approval of the claim of W. Ralph Larson in the amount of $21,500.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS - 11. NOES - FRANCZYK, ZUCHLEWSKI - 2. No. 117 Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 5. Wesley McDaniel $2,500.00 A 6. Robert Kuntz $25,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- BELL, COLLINS- 2. MR. COLLINS WAS IN THE NEGATIVE ON ITEM A-6 ONLY. No. 118 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Angela Nia's Inc. Claim for damage to a 1993 Chevrolet Berretta at Bennett Beach. While parking the vehicle in the designated area the vehicle came in contact with a stanchion which was placed to guard a new sewer line which was being installed. $225.00 B 2. Irvette R. Hill Claim for damage to property at 144 Mulberry Street by the Buffalo Police Department who forcibly entered the premises pursuant to a search warrant and did damaged to a side door. This was not the correct house. $508.50 B3. Shirley Kneitinger Claim for payment of the proceeds from the sale at auction of the claimant's vehicle a 1986 Plymouth Reliant on Nay 14, 1992. $260.00 B 4. Claudia Niles Claim for damage to a 1989 Chrysler New Yorker while claimant was driving on Lexington Avenue. The vehicle was struck by a recycling box which was being tossed back to the curb by one of the workers. $260.82 B 5. Neil O'Rourke Claim for damage to a tire of a City Audit Inspector in the Broadway Garage Parking Lot. $125.65 B6. Robert S. Piotrowicz Claim for eyeglasses that were destroyed in the line of duty working as a tow truck operator for the City of Buffalo in the Division of Parking Enforcement. $168.00 B 7. Carol Santora Claim for damage at 126 Howell Street by a large tree limb that ripped down the electrical supply line and wires going into the house. $595.00 B 8. Daniel V. Territo Claim for damage to a 1988 Chevy Van on Nay 7, 1993 by a rock that was propelled from a Parks Department lawn mower, on Tifft Street near the Tifft Farm Nature Preserve, shattering the vehicle's side window. $441.91 There are no insurance companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES - AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- BELL- 1. MR. BELL WAS IN THE NEGATIVE ON ITEM B-6 ONLY. No. 119 Miscellaneous That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. Maxine M. Hackett-Morgan This is a claim for life insurance coverage under the City of Buffalo's bargaining agreement with Local 1650. $ 4,000.00 C 2. Sarah G. Killeen This is a claim for life insurance coverage under the City of Buffalo's bargaining agreement with Local 1264. $ 5,000.00 There are no insurance companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. No. 120 Miscellaneous Refund That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 1. Faculty Student Association Claim for refund of a duplicate Billiard Parlor License #327 which was purchased during the previous fiscal year. $180.00 D 2. Frank Komorowski Claim for a refund of money spent on a 1986 Chevrolet Camaro that was purchased at the City auction. Mr. Komorowski received the wrong papers when he purchased the vehicle and had to have the State examine and inspect the vehicle twice. He is seeking a refund for this additional cost. $ 189.52 D 3. Michael McKeating Claim for prior fiscal year "Petty Cash- reimbursement for the Division of Labor Relations from May 1, 1993 to June 30, 1993. $102.10 D 4. Saint Joachim Church Claim for a prior fiscal year refund of unused license fee or the cancellation of twenty-three Bingo occasions on License #1088 due to the closing of the Church. $ 152.50 D 5- Saint John Cantius Holy Name Society Claim for a prior fiscal year refund of unused license fee for the cancellation of eighteen Bingo occasions on License #1046 due to the cancellation of Bingo $ 115.00 D 6. Saint Luke's R.C. Church Claim for a prior fiscal year refund of unused license fee for the cancellation of six Bingo occasions on License #1067 due to the closing of the Church. $25.00 D 7. Transfiguration R.C. Church Claim for a prior fiscal year refund of unused license fee for the cancellation of twenty-seven bingo occasions on License #1084 due to the closing of the Church. $ 182.50 There are no Insurance Companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0. No. 121 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: E 1. Robert W. Ahern Claim for services rendered to Labor Relations in a prior fiscal year in the Timothy Hassett Grievance. $ 275.00 E 2. Alessi Holsters, Inc. Claim for prior fiscal year Invoices #0001001 and #5253 for services rendered to the Police Department. $180.00 E 3. Bitterman's Collision Claim for prior fiscal year Invoices #63477, #64109 and #64133 for the repair of Police Vehicles #149, #357 and #756. $ 2,413.00 E 4. Buffalo Hearing and Speech Center, Inc. Claim for interpreter services rendered to the Mayor's Advocacy Office for Persons With Disabilities in a prior fiscal year. $101.00 E 5. Caswell International Corporation Claim for prior fiscal year Invoice #028183 for services rendered to the Police Department. $142.29 E 6. City of Buffalo, Division of Buildings Claim for prior fiscal year Invoice #ARC 00035 for June charges for telephone line usage and MCI toll charges rendered to Human Resources, Division for Youth. $689.96 E 7. Continental Transmission Claim for prior fiscal year Invoice #16174 for the repair of Police Vehicle #113. $221.00 E 8. Copies Inc. Claim for prior fiscal year Invoices #32872, #32873 and #33825 for the maintenance contract for the copier in the Police Department. $195.27 E 9. Damon & Morey, Attorneys at Law Claim for services rendered to the Department of Law in a prior fiscal year for professional legal services regarding Arthur Vs. Nyquist, PERB Case #U-11546, Bean Vs. City of Buffalo, Dorsey and Williams Vs. City of Buffalo and General Labor matters. $ 8,591.24 E 10. Del's Main Line Collision Claim for prior fiscal year Invoices for the collision repair of Police Vehicles #122, #153 and #114. $2,121.00 E 11. DePaolo-Crosby Reporting Service, Inc. Claim for reporting services rendered to the Department of Law in a prior fiscal year in the Nunnery Vs. City of Buffalo case on Invoice #113360. $345.95 E 12. Eagle Systems, Inc. Claim for prior fiscal year Invoice #2499 for the emergency repair on a Savin 1755 Copier in the Police Department. $206.90 E 13. Erie County Medical Center Claim for services rendered to Police Officer, George Bratton who was injured on duty and required medical treatment in a prior fiscal year. $120.00 E 14. Virginia Evans Claim for services rendered to Police Department in a prior fiscal year for meals served to prisoners in the men's cellblock. $ 1,048.00 E 15. Flaherty, Cohen, Grande, Randazzo, Doren, P.C. Attorneys at Law Claim for prior fiscal year Invoice for professional legal services rendered to the Department of Law for Police Department Arbitration. $ 8,661.00 E 16. Frey The Wheelman, Inc. Claim for services rendered to the Police Department in a prior fiscal year on Invoice #0510813. $264.30 E 17. N. Glantz & Son, Inc. Claim for prior fiscal year Invoice #SL-65229 for services rendered to the Fire Department. $287.45 E 18. Glen Campbell Chevrolet Claim for prior fiscal year Invoices #CTCS1163 and #CVCSI368 for the repair of Police Vehicles #134 and #174. $ 200.00 E 19. Globe Amerada Glass Claim for services rendered to the Police Department in a prior fiscal year on Invoice #83724. $527.29 E 20. Harrison and Gruber, Attorneys at Law Claim for prior fiscal year Invoice for professional legal services rendered to the Department of Law regarding the Bareboat Charter Agreement/Sam Wilkerson matter. $ 468.75 E 21. Cheryl A. Hayes, Court Reporter Claim for court reporting services rendered to the Department of Law in a prior fiscal year regarding Tiedemann Vs. City. $390.00 E 22. Jack W. Hunt and Associates Claim for services rendered to the Department of Law and Labor Relations in a prior fiscal year for copies of transcripts in the matter of LNR Properties Vs. Housing Council and Joy McDuff ie, Disciplinary charges on Invoices #66198 and #64832. $435.00 E 23. Jaeckle, Fleischmann & Mugel, Attorneys at Law Claim for professional legal services rendered to the Department of Law regarding General Labor and Arbitration concerning the Fireboat in a prior fiscal year on Invoice #74. $105.48 E 24. Theodore H. Lang, Arbitrator Claim for arbitration services rendered to Labor Relations in a prior fiscal year in the matter of PERB #A89-00 & #A89-034. $ 1,349.00 E 25. Lippes, Silverstein, Mathias & Wexler Attorneys at Law Claim for professional legal services rendered to the Department of Law in a prior fiscal year in the H-FERA Vs. City matter. $ 3,817.06 E 26. Maaco Auto Painting and Body Works Centers Claim for prior fiscal year Invoice #6332 for services rendered to the Police Department. $668.00 E 27. Mercy Hospital Claim for services rendered to Police Officer, Thomas Pustulka who was injured on duty and required medical treatment in a prior fiscal year. $807.92 E 28. Moore Business Equipment Claim for services rendered to Data Processing in a prior fiscal year. $170.00 E 29. New York Legislative Service, Inc. Claim for services rendered to the Department of Law in a prior fiscal year for the 1991 Legislative Annual on Invoice #91125. $175.00 E 30. New York State Department of Motor Vehicles Claim for services rendered to the Division of Parking in a prior fiscal year for the April-June 1993 Data Line usage. $152.10 E 31. Michael G. O'Rourke, Esq. Claim for professional legal services rendered to the Department of Law regarding Bean Vs. City in a prior fiscal year. $ 2,750.60 E 32. O'Shea, Reynolds, Napier, Cummings & Kirby Attorneys at Law Claim for prior fiscal year Invoice #357 for professional legal services rendered to the Department of Law regarding Joseph Vs. City. $ 2,386.14 E 33. Pitney Bowes Copier Systems Claim for prior fiscal year Invoice 1196271 for services rendered to Inventory and Stores. $384.00 E 34. Schmidts Auto Body & Glass Claim for prior fiscal year invoice for the repair of Parking Enforcement Vehicle #303. $67.50 E 35. State of New York, Division of Criminal Justice Service Claim for prior fiscal year Invoices #016947 radar, #017116 breathalyzer and #017155 radar for services rendered to the Police Department. $120.00 E 36. United Uniform Company, Inc. Claim for services rendered to A/F, Parking Enforcement in a prior fiscal year on Invoice #22105. $134.90 E 37. United Uniform Company, Inc. Claim for prior fiscal year Invoices #24239, #24597 and #25266 for services rendered to the Police Department. $ 164.00 E 38. Morton I. Weinberg Claim for professional engineer services rendered to the Department of Law regarding Foley Vs. City in a prior fiscal year. $205.30 E 39. West Publishing Company Claim for services rendered to the Department of Law in a prior fiscal year for the Westlaw Equipment Lease charge on Invoice #72110. $467.39 E-40. James J. White Jr., M.D., P.C. Claim for services rendered to Police Officer, Anthony Douglas who was injured on duty and required medical treatment in a prior fiscal year. $170.78 E 41. Xerox Corporation Claim for services rendered to Data Processing in a prior fiscal year for the April to June 30, 1993 maintenance charge on the Model 50 PR Copier on Invoice #037955034. $ 331.25 There are no Insurance Companies involved in the settlement of these claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0. No. 122 Miscellaneous Funeral Expenses That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: F 1. Thomas J. Edwards Funeral Home, Inc. $3,641.00 F 2. Fast Press Printing, Inc. $87.48 There are no Insurance Companies involved in the above matters. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0. No. 123 Miscellaneous Payroll That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: G 1. George Baskerville Claim for a difference in pay between the claimant's normal salary and what he received from workman's compensation. He is an employee of the Department of Public Works, Division of Engineering. $4,380.01 G 2. James R. Walker Claim for a prior fiscal year longevity payment to Mr. Walker a provisional boiler inspector in the Department of Inspections and Community Revitalization. $450.00 G 3. Medical in Lieu of Payments Retired City Employees Claim for prior fiscal year medical in lieu of payments to eleven (11) retired employees of the City of Buffalo. A. Ronald J. Christopher $120.00 B. Earl O. Free $240.00 C. Frank J. Genovese $120.00 D. Jean R. Grieve $180.00 E. Harry C. Hoffert $300.00 F. John W. Nolan $360.00 G. Lawrence Pelletier $360.00 H. Anna Marie Pollina $180.00 I. Michael Schiavone $600.00 J. Thomas Tucker $240.00 K. William Zurbick $120.00 G4. Medical/Dental in Lieu of Payments City Employees Claim for prior fiscal year medical/dental in lieu of payments for seventeen (17) City employees. A. Leon Bowers, Fire Department $240.00 B. James N. Bulger, Fire Department $900.00 C. Bonnie Butler, Data Processing $100.00 D. Colleen W. Cummings, Human Resources $180.00 E. Sharon A. Doctor, General Services $180.00 F. Rosanne Frandina, Buffalo Sewer Authority $300.00 G. Nathaniel Harbin, Human Resources $300.00 H. Florence Hill, Street Sanitation $180.00 I. Cheryl A. Kane, Fire Department $720.00 J. Peter F. Kertzie, Fire Department $120.00 K. Rosemarie A. McKenna, Labor Relations $180.00 L. Bruno Nervo, Fire Department $80.00 M. Kevin Peterson, Fire Department $120.00 N. Katherine Plesac, Police Department $120.00 O. James T. Pratts, Police Department $120.00 P. Margaret Redmond, Police Department $120.00 Q. David C. Wahl, Fire Department $120.00 There are not insurance companies involved in the above matters. That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, herein above named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. Passed. AYES - 13 NOES - 0. No. 124 Report to the Claims Committee That, upon the recommendation of the Common Council the following claim be paid: H 1. Howard and Theresa Roll The claim if for reimbursement of ($200.00), the amount of the insurance deductible for damages incurred when a tree limb from a City owned tree fell on the vehicle in the driveway at 350 Villa Avenue in November 1992. $200.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0. No. 125 Report to the Claims Committee That, upon the recommendation of the Common Council the following Item be Received and Filed. H 2. Adolf Sabia Reimbursement for sidewalk replacement on Hubbel Avenue in the amount of ($ 1,050.00). That the above Item be, and the same hereby is, Received and Filed. ADOPTED. CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 126 Salary Ordinance Amendment 70 Department of Street Sanitation 011 - Collection of Refuse and street Cleaning (Item No. 224, C.C.P., Sept. 21, 1993) That the Salary Ordinance Amendment as contained in Item No. 224, C.C.P., September 21, 1993, be and the same hereby is approved. PASSED. AYES - 13 NOES - 0. No. 127 Appointment Audit & Control/Supervising Accountant That Communication No 11 CCP Jun 8, 1993 be received and filed and the Provisional/Permanent appointment of William P. Murphy stated above at the Intermediate salary $35,276.00 effective on May 27, 1993 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 128 Appointment Parks/Laborer II That Communication No 53 CCP Jul 6, 1993 be received and filed and the Permanent appointment of Kevin Derfert, Mark Scanlon & Kara ScanIon stated above at the Intermediate salary $9.69 P/H effective on Jul l, 1993 is hereby approved. Mr. Pitts now moved to recommit to the Committee on Civil Service. ADOPTED. No. 129 Appointment Parks/Laborer II That Communication No 54 CCP Jul 6, 1993 be received and filed and the Permanent appointment of Anthony Greco stated above at the Intermediate salary $9.69 P/H effective on Jul 1, 1993 is hereby approved. Mr. Pitts now moved to recommit to the Committee on Civil Service. ADOPTED. No. 130 Appointment Parks/Laborer II That Communication No 55 CCP Jul 6, 1993 be received and filed and the Permanent appointment of Joseph O'Brien stated above at the Intermediate salary $9.69 P/H effective on Jul l, 1993 is hereby approved. Mr. Pitts now moved to recommit to the Committee on Civil Service. ADOPTED. No. 131 Appointment Parks/Laborer II That Communication No 56 CCP Jul 6, 1993 be received and filed and the Permanent appointment of Timothy Favero stated above at the Intermediate salary $10.00 P/H effective on Jul l, 1993 is hereby approved. Mr. Pitts now moved to recommit to the Committee on Civil Service. ADOPTED. No. 132 Appointment Administration & Finance/Assistant Accountant That Communication No 81 CCP Jul 6, 1993 be received and filed and the Permanent appointment of Roberta Coax stated above at the Intermediate salary $25,942.00 effective on Jul 1, 1993 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 133 Appointment Street Sanitation/Dispatcher That Communication No 61 CCP Jul 20, 1993 be received and filed and the Permanent appointment of Henry Drzazga stated above at the Intermediate salary $23,753.00 effective on Jul 7, 1993 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 134 Appointment Street Sanitation/Dispatcher That Communication No 62 CCP Jul 20, 1993 be received and filed and the Permanent appointment of Brian T Guest & James L. Pierakos stated above at the Maximum salary $25,100.00 effective on Jul 20, 1993 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 135 Appointment Administration & Finance/Teller That Communication No 70 CCP Jul 20, 1993 be received and filed and the Permanent appointment of Ronald N. Lunghino stated above at the Intermediate salary $21,687.00 effective on May 21, 1993 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 136 Appointment Human Resources/Youth Counselor That Communication No 74 CCP Jul 20, 1993 be received and filed the permanent appointment of Bridget Tychinski stated above at the Intermediate salary $31,000.00 effective on Jul 1, 1993 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 137 Appointment Public works/Truck Driver That Communication No 74 CCP Sep 7, 1993 be received and filed and the Temporary appointment of Norbert H. Kuntz stated above at the Maximum salary $23,728.00 effective on Aug 31, 1993 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 138 Appoint Fiscal Supervisor (Max) (Item #138, CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Notices of Appointments (C.Clerk) (Item # 75 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 140 Lease Agreement/Delavan Armory (PW) (Item # 21, CCP Feb 2, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Lease Purchase Agreement CES/WAY International Inc. (Item No. 12, C.C.P., July 20, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the lease purchase agreement between the City of Buffalo and CES/WAY International Inc. as described in the above referenced communication be, and is hereby approved. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 142 Lease Purchase Agreement/CES-WAY International (CC) (Item # 55 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 143 M.J. Peterson/Rededicate N. Division St. (Item # 84 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Sell Aerial Ladder to Fire Department Historical Society (Item No. 49, C.C.P., Sept. 21, 1993) That the Commissioner of Fire be, and he hereby is, authorized to waive the bid system and that the Buffalo Fire Department Historical Society be allowed to purchase a 1970 American La Frande aerial ladder apparatus for $500.00. PASSED. AYES - 13 NOES - 0. No. 145 Permission to Negotiate 246 and 250 Walden (Item No. 213, C.C.P., Sept. 21, 1993) That the Comptroller be, and he hereby is, authorized to negotiate with Odessa Hunter, owner of 242 Walden, for the private sale of 246 and 250 Walden and report to this Honorable Body the results of such negotiations. ADOPTED. No. 146 PRZ Enterprise/Request Purchase Seward To River (Item # 83 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Purchase Paper Streets Seward To River (CD) (Item # 66 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Purchase Lots/ Seward To River (Compt) (Item # 18 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 E. Czaja/Offer to Purchase 118 Fenton (Item # 88 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Offer To Purchase 118 Fenton (Compt) (Item # 33 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Offer To Purchase 118 Fenton (CD) (Item # 107 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Bids Parking Concession Gates Circle and Buffalo General Parking Ramps (Item No. 128, C.C.P., July 20, 1993) That the Director of the Board of Parking be, and he hereby is authorized to award a contract for Gates Circle Parking Ramp to Allright Parking Buffalo Inc., the lowest responsible bidder in the amount of $2,657.27 per month, which includes a five year amortization pay back for the operator to install five (5) gates, two (2) ticket dispensers and a power sweeper. The Director of the Board of Parking, is also authorized to award a contract for Buffalo General Parking Ramp to Allright Parking Buffalo Inc., the lowest responsible bidder in the amount of $2,699.13 per month, which includes a five year amortization pay back for the operator to install four (4) gates, two (2) ticket dispensers and a washer/scrubber. PASSED. AYES - 13 NOES - 0. No. 153 Bids - Valve and Hydrant Replacement Genesee Street (Item No. 32, C.C.P., Sept. 21, 1993) That the Commissioner of public Works be, and he hereby is, authorized to award a contract for Valve and Hydrant Replacement in Genesee Street from Jefferson Avenue to Fillmore Avenue to Kandey Company, Inc., the lowest responsible bidder in the amount of $207,050.00, with said cost to be charged against the Division of Water's 416-982-007 account. PASSED. AYES - 13 NOES - 0. No. 154 Bids - Repair of Watercuts (Item No. 33, C.C.P., Sept. 21, 1993) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Repair of Watercuts for the Division of Water 1993-199A to Thomann & Loewer Asphalt Paving Corp., the lowest responsible bidder in the amount of $190,200.00, with said cost to be charged against the Division of Water's account 416-980-060, in an amount not to exceed $190,200.00 plus approved unit prices not to exceed an additional amount of $59,800.00 for a total award of $250,000.00. PASSED. AYES - 13 NOES - 0. No. 155 Change in Contract Reconstruction Jewett Avenue Bridge (Item No. 34, C.C.P., Sept. 21, 1993) That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 1 to M. Falgiano Construction Company Contract #91726400, a net increase in the amount of $100,000.00, as more fully described in the above communication, for additional work relating to the Reconstruction Jewett Avenue Bridge. PASSED. AYES - 13 NOES - 0. No. 156 Change in Contract Kleinhans Music Hall Plumbing Reconstruction (Item No. 35, C.C.P., Sept. 21, 1993) That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 3 to A. Gareleck & Sons, Inc., Contract #91686200, a net increase in the amount of $2,164.00, as more fully described in the above communication, for additional work relating to the Plumbing Reconstruction at Kleinhans Music Hall. Funds for this project are in B/F 200-402-068 Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 157 Demolition Charges and Liens 186 Fourteenth Street (Item No. 232, C.C.P., Sept. 7, 1993) That this Common Council request the Commissioner of the Department of Assessment to accept the offer of $1,000.00 as compensation for demolition costs for the property located at 186 Fourteenth Street and dismiss all subsequent demolition charges and liens due; and That the Commissioner of Assessment remove the property located at 186 Fourteenth Street from the tax roll foreclosure list. PASSED. AYES - 13 NOES - 0. No. 158 Cancel Demolition Costs & Liens/186 14th Street (Compt) (Item # 22 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 Park Lane/Request Tax Break Due To Construction (Item # 169 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Tax Break Due To Construction (Assmt) (Item # 26 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Tax Break Due To Construction (PW) (Item # 37 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 Tax Break Due To Construction (CC) (Item # 53 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 Rescind Fire Alarm Device Direct Line License Fee (Item # 205 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 Buffalo Halfway House/Oppose Direct Fire Alarm Fees (Item # 77 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 D. Collins/Oppose Alarm Connection Fire Alarm Fees (Item # 78 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 FLARE Oppose Alarm Connection Fees (Item # 80 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Buffalo Skating Club/Request Ice Time At City Rinks (Item # 155 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 168 Ice Time At City Rinks (Pks) (Item # 43 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 Ice Time At City Rinks (CC) (Item # 54 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 Request Change In Parking Restrictions On Seventh Street (Item # 70 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 171 Citywide Telecommunications Audit (Item No. 17, C.C.P., July 6, 1993) That the Comptroller be, and he hereby is, authorized to enter into an agreement with Telecom Services Limited (U.S.) Inc. to provide telephone auditing services to the City of Buffalo under the same terms and conditions as are set out in the form of contract annexed to the referenced item. PASSED. AYES - 13 NOES - 0. No. 172 Medical Coverage For Persons/Workers Compensation (Item # 35 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby referred to the Committee on Civil Service. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 173 Rosemary Loffredo, Petition to use 1431 Kensington Avenue (Item No. 88, C.C.P., Sept. 21, 1993) That after a public hearing before the Committee on Legislation on September 28, 1993, the petition of Rosemary Loffredo, owner, for permission to use 1431 Kensington Avenue for a pole sign be and hereby is approved on the condition that the sign be no higher than 18' and 7' x 5' dimensions. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 174 Atkins Ford/Rezone 1177 Abbott (Item # 101 Jul 20, 1993 CCP) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 175 J. Battin/Oppose Rezone 1177 Abbott (Item # 89 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 176 Restaurant Dancing Class III/ 1677 Main (PW) (Item # 134 CCP Dec 22, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 177 Restaurant/Dancing Class III License 1255 Broadway (Item No. 38, C.C.P., Sept. 21, 1993) That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class III License to Richard Hejza, proprietor of Hard Time Inn, 1255 Broadway, and the same be, and hereby is approved. PASSED. AYES - 13 NOES - 0. No. 178 Restaurant/Dancing Class IV License 2186 Seneca (Item No. 39, C.C.P., Sept. 21, 1993) That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class IV License to Richard Wright, proprietor of Sky Room, 2186 Seneca, and the same be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 179 Reopening the Continental Club 212 Franklin Street (Item No. 42, C.C.P., Sept. 21, 1993) Mr. Coppola moved: That the above mentioned item be, and the same is hereby received and filed. ADOPTED. No. 180 Encroach Fence - Cathedral Park (Item No. 40, C.C.P., Sept. 21, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. James Natali, Director of the Buffalo ACCESS Center, located at 290 Main Street, to install a fenced children's play area in Cathedral Park which adjoins St. Pauls Cathedral, 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 fence be temporary in nature and can be easily removed. 3. That the applicant be responsible for maintenance of the fence and play area. 4. That the applicant supply the Department of Public Works with an owners protective insurance policy, naming the City of Buffalo and the Board of Education as insured, in the amount of one million dollars. 5. In the event that the Commissioner of Public Works determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner of Public Works may order the immediate removal of said encroachment as described in Chapter 413-67 (E) of the City Ordinances. PASSED. NOES- 13 NOES- 0. No. 181 Encroach Awning - 125 Broadway (Item No. 41, C.C.P., Sept. 21, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Ms. Joan Holzman, owner of Print Plus, located at 125 Broadway, to install an awning which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES- 13 NOES- 0. No. 182 Housing code Violation Fees (CC) (Item # 97 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 183 Establish License Fee/Landlords (Item # 231 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 184 Draft Ordinance Tenant Accountability/Non-Homestead Tax (Item # 182 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 185 Standardize Housing Inspection Procedures (Item # 184 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 186 Standardize Housing Inspection Procedures (CC) (Item # 100 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 187 Standardize Housing Inspections Procedures (ICR) (Item # 124 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 188 Review Penalties/Owner/Occupied Investment Property (Item # 185 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 189 Review/Code Violations (CC) (Item # 101 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 190 Review Penalties/Investment Properties (Item # 125 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 191 Citizen Review Board/Division Of Housing & Property Inspections (Item # 186 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 192 Request Ordinance/Jury Trial For Housing Violations (Item # 183 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 193 Jury Trial For Housing Code Violations (CC) (Item # 99 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 194 Jury Trial For Housing Code Violations (ICR) (Item # 126 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 195 W. Sidel/Requests Bike Registration Legislation (Item # 98 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 196 Bike registration Legislation (CC) (Item # 102 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 197 G. Plato/Request Demolition Of 30 Cottage (Item # 171 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 198 Additional Handicap Parking Locations (A&F) (Item # 80 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 199 D. King/Request One Side Parking On Woodlawn (Item # 189 CCP Sep 7 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 200 One Side Parking On Woodlawn (Fire) (Item # 50 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 201 D. Goldman/Complaint/Police Response (Item (# 151 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 202 C. Kregg /Complaint/ 911 Police Response Time (Item # 92 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 203 R. Moldenhauer/Harrassment Problem 199 Delaware (Item # 95 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 204 Renew Lease - Research Institute on Alcoholism (Item No. 24, C.C.P., Sept. 21, 1993) That the Comptroller be and hereby is authorized to renew the lease with the Research Institute on Alcoholism, for lease of the North Side of Goodrich, 205' East of Main Street, for a five year period, to commence on October 1, 1993 and expiring on September 30, 1998, the annual rental to be charged is $235.00 (Two Hundred and Thirty Five Dollars) with the same terms and conditions as the previous lease. That the Corporation Counsel be authorized to draw the necessary renewal agreement and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 205 Bandag Tire Retreaders Compromise Tax/ Demolition/ 216 Walden (Item # 76 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby referred to the committee on Finance. ADOPTED. No. 206 Appointment Commissioner of Public Works (Item No. 2, C.C.P., Sept. 21, 1993) 'Hara, 37 Woodward Avenue, That the appointment of Robert A. O Buffalo, 14214, as Commissioner of Public Works of the City of Buffalo, effective September 15, 1993, be and hereby is confirmed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 207 Citizen Review Board/Housing & Property Inspection (ICR) (Item # 123 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 208 James W. Pitts - Replacement Housing Parcels William Street (Item No. 170, C.C.P., Sept. 7, 1993) That the above Item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That the replacement housing parcels identified in the communication from Mr. Dennis Penman dated July 28, 1993 is in satisfaction of the condition imposed pursuant to Item No. 173, C.C.P., Sept. 15, 1992 and that the same be, and is hereby approved. ADOPTED. No. 209 Petition to use 1001 Main Street/ 796 Ellicott Street for Parking Lots for Buffalo General Hospital (Item No. 167, C.C.P., July 20, 1993) That this Common Council approves the renewal of the petition to use 1001 Main Street and 796 Ellicott street for parking lots subject to conditions to be negotiated by the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 210 BEDC Lot Purchasing (A&F) (Item # 78 CCP Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 211 Transfer Paint Funds To Lead Abatement Program (Item # 122 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 212 NYSDOT/Greenway Trail Ohio Lift Bridge (Item # 166 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 213 Request Re-Study Of Buffalo River Flood Plan (BSA) (Item # 87 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 214 Newburgh Coalition/Favors Park Restoration (Item # 162 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 215 Favor Lang Weber Park Restoration (CD) (Item # 62 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 216 Greater Buffalo Partnership/Comments On Office Move (Item # 157 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 217 BEDC Audit Report Thru 12/31/92 (Item # 85 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. CATV HON JAMES W. PITTS CHAIRMAN No. 218 B. Higgins/Oppose TCI Rechanneling (Item # 95 CCP Apr 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 219 Delete User Fees From BCAM Budget (Item # 158 CCP Dec 8, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 220 BCAM/User Fees (Item # 68 CCP Jan 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 221 BCAM/Request Approval of Annual Training Fee (Item # 63 CCP Mar 2, 1993) That the above Item be and the same is hereby received and filed. ADOPTED. COMMITTEE ON EDUCATION HON. DALE L. ZUCHLEWSKI CHAIRMAN No. 222 Proposed Consolidation Of Operations (GS) (Item # 138 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 223 NYSDOS/Gov. Income Tax For Property Tax Proposal (Item # 88 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 225 By: Mr. Amos Establish Common Council Pastoral Summit Whereas: The killing that occurred on September 1, 1993, in broad daylight by a group of teenagers, intensified the fear and concern in the African-American Community; and Whereas: The City of Buffalo has been plagued by a rash of recent killings, increasing the homicide total this year to 57, compared to 51 murders last year at this time; and Whereas: Several of the homicides involved drug users and dealers or resulted from drug related violence or other criminal activity such as burglary; and Whereas: Over the past, several months, drive-by shootings, armed muggings, and rape have occurred at an alarming rate, demonstrating that recent FBI reports on the increase in all violent crimes in the Buffalo area is a continuing trend. The utmost priority must be given to this escalating problem; and Whereas: The church has a significant role in this community, and it is now time to involve the church in attacking this problem; and Whereas: A "Pastoral Summit" should be established to discuss the issue of violence in our community and how the church can play a greater role in recommending specific actions to be taken by the community to reduce the high occurrence of violent crimes and to ensure that adequate support services are available for Victims and/or their families. Now, Therefore Be It Resolved: That the president of the Common Council appoint a Task Force comprised of members of the clergy, to work diligently toward making suggestions of meaningful changes in the community, and to define what the church's role should be in order to restore a sense of safety, peace, tranquility and hope. ADOPTED. No. 226 By: Mr. Amos Approve Lease Between City and University Heights Community Development Association Whereas: The City of Buffalo owns property at 3242 Main Street; and Whereas: The University Heights Community Development Association Inc., which is located at 3242 Main Street provides various human services programs to the citizens of the University Heights Community; and Whereas: A 5 year lease has been agreed to by the board of the directors of the UHCDA; and Whereas: This lease needs to be approved by this Council; and Now, therefore, be it resolved: That this Council authorizes the Mayor of Buffalo to enter into a 5 year agreement with the UHCDA to lease 3242 Main Street for the purpose of providing services to the University Heights Community. PASSED. AYES- 13 NOES- 0. No. 227 BY: Mr. Amos Authorize Comptroller to Enter Into Negotiations For The Purchase of 452 Northumberland Whereas: The parcel of property located at 452 Northumberland presently is owned by the Max Wiseman Family Trust; and Whereas: The parcel is and has been vacated for an extended period of time; and Whereas: This piece of property has great potential and would be a good location for a number of options for future development; and NOW, THEREFORE BE IT RESOLVED THAT: This Honorable Body authorizes the Comptroller's Office to enter into negotiations with the owners of 452 Northumberland, Max Wiseman Family Trust, for the purchase of the property. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 228 By: Mr. Arthur Require All Festival or Event Organizers Operating within the City of Buffalo to File an Accounting of Revenues, Expenses and Use of Funds Report with the Common Council Whereas: It is the policy of the Common Council to have organizers or sponsors of festivals and events operating within the City of Buffalo to provided post-event accounting of revenues, expenses and use of proceeds information with the Common Council as a prerequisite to issuing and obtaining necessary operating permits from the City of Buffalo. Now, Therefore Be It Resolved That: All organizers and sponsors of festivals or events operating within the City of Buffalo shall within (90) days following the closing of operation file with the Common Council an accounting of revenues, expenses, and use of funds as a prerequisite to issuing and obtaining necessary operating permits. ADOPTED. No. 229 By: Mr. Bell Re:- Draft Local - Law Disposal of New Construction Waste Materials Whereas: There have been a number of cases in recent months of construction companies improperly disposing of waste materials; and Whereas: These materials, created by the excavation of the sites in preparation for new construction, were dumped on various vacant lots in the surrounding area; and Whereas: A individual or company obtaining a permit for work on a building that requires significant demolishing or dismantling of that structure is mandated to demonstrate that waste materials will be properly removed; and Whereas: similarly, as part of the new housing permit process, there should be a requirement in place to ensure that contractors take adequate measures to properly dispose of the debris that will be generated by site preparation. Now, therefore be it resolved: That the Corporation Counsel be requested to draft an ordinance amendment in cooperation with the Department of Inspections and Community Revitalization which would require that any company or individual engaged in new construction provide proof that there will be proper removal of all excavation and demolition materials. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 230 By: Mr. Bell Establish Environmental Enforcement Squad Whereas: Illegal dumping and littering is a very significant problem in the city of Buffalo; and Whereas: A particular concern relates to the illegal accumulation of junked motor vehicles on private property, which constitute a public nuisance and often serve as a depository for garbage and other unwanted debris; and Whereas: This is a very pressing matter because it threatens the health and safety of city residents; and Whereas: Dumping and littering also make this city a less attractive place in which to live, detracting from our own self-image and creating a negative impression of Buffalo in the minds of visitors; and Whereas: Establishing a special "Environmental Enforcement Squad" within the Buffalo Police Department could help the city deal with this problem in a much more effective and proactive manner; and Whereas: Such a unit would also serve to focus public attention on environmental concerns by publicizing its activities and explaining the existing laws to citizens; and Whereas: In conjunction with the activities of such a unit, there could also be the creation of an environmental "hot line" so that citizens could direct report littering and illegal dumping; and Whereas: This squad could also work closely with environmental agencies on the county, state and federal levels to ensure that the appropriate governmental entity attends to whatever problems may exist; Now, therefore be it resolved: That this Common Council request the Commissioner of Police to consider the feasibility and advisability of creating an "Environmental Enforcement Squad" to pursue the enforcement of laws against illegal dumping and littering; and Be it further resolved: That the Commissioner is also requested to report his views on the proposal to this honorable body and, if he endorses such a concept, what specific guidelines (size of squad, duties, etc.) he would favor. REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE CORPORATION COUNSEL. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 231 By: Mr. Collins INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS FUND BALANCE RESERVE DEPARTMENT OF FIRE That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Fire be and the same hereby is increased in the sum of $45,000. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $45,000 from 100-890-050 - Fund Balance Reserve for Capital Appropriations to meet this increased appropriation as set forth below: TO: 200 Capital Projects Fund 21-0 Department of Fire 001 Purchase of Firefighting Vehicles (4 Pumpers) $45.000 PASSED. AYES- 13 NOES- 0. No. 232 By: Mr. Collins Transfer of Funds Division of Budget and Management Division of Engineering 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 $25,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $25,000 To: 200 Capital Project Fund 401 - Division of Engineering 059 - Gateway Tunnel Feasibility Study $25,000 PASSED. AYES- 13 NOES- 0. No. 233 By: Mr. Collins Set Hearing - Police Department Integration Whereas; the Buffalo Police Department is under court order to integrate its' forces; Whereas; this integration, on the surface, is progressing as planned; and Whereas; the administration of the Buffalo Police Department was not included in this court order; and Whereas; there are several divisions, platoons, and etc. which has never assigned a minority member; and Whereas; several of these specialized units are directly involved in solving violent crimes in the City of Buffalo--some neighbors more than others; and Whereas; there are African-American male and female police officers who are qualified, but not permitted to fill these positions because of their sex, race, or political persuasion; ; and Whereas; the exclusion of African-American officers from these police units is deleterious to the quality of police work in the City of Buffalo and adversely affects the confidence of the citizens of Buffalo in the Police Department; and Whereas; the Buffalo Police Department's administration should end its' policy of exclusion of minority officers at once; Now, Therefore, Be It Resolved, that the Commissioner of the Buffalo Police Department should file, with this Common Council, all available openings in various units where African-American officers can be appointed; and Be It Further Resolved, that this Common Council conducts public hearings to determine the extent to which instances of exclusion exists in the Buffalo Police Department. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 234 By: Mr. Collins Request Police Information on Mistaken Identity Fatality in Allentown Whereas: A Black male was fatally injured when hit by a motor vehicle at the conclusion of the day's activities during the Allentown Art Festival; and Whereas: The victim of the accident was initially identified as Ellis Ware, Jr.; and Whereas: Subsequent investigation has revealed that the victim was actually Hanif-Abdus Sabr; and Whereas: Questions have been raised related to the circumstances contributing to this case of mistaken identity and the thoroughness of the investigation of the accident; Now, therefore, be it resolved: That this Common Council request that the Buffalo Police Department file with this Honorable Body all data related to the investigation conducted and reports prepared in the Ware / Sabr mistaken identity accident fatality. ADOPTED. No. 235 By Mr. Collins Request for update General Electric Building Whereas: The City of Buffalo Department of Inspection and Community Revitalization, in June of 1987, had requested the demolition of the former General Electric Building located on 1489 Fillmore Ave.; and Whereas: Subsequent attempts to redevelop this property failed; and Whereas: The environmental question of the removal of asbestos has been resolved to the satisfaction of the Environmental Protection Agency, New York State Health Department and the City of Buffalo, thereby clearing the way for demolition; and Now, therefore, be it resolved: That this Buffalo Common Council request that the Department of Inspections & Community Revitalization file an updated report on the status of the demolition of the former General Electric Building. ADOPTED. No. 236 By: Mr. Collins Request Ordinance Amendment Section 242-11 Housing Standards - Responsibilities of Owners and Occupants Whereas: Owners of rental properties are faced with the problems of holding tenants-accountable for willfully and maliciously causing damage to the rental premises and failure to pay monies owed to property owners for overdue rents; and Whereas: Private rental property owners and the Buffalo Municipal Housing Authority face problems of tenant accountability citing cases of tenants on social services terminating their direct rental payment agreement without the prior knowledge of property owner to use monies for other purposes; and Whereas: Chapter 242 Housing Standards - Section 242-11 Responsibilities of Owners and Occupants of the City of Buffalo Ordinances addresses the issues of tenant accountability in relation to occupying a rental dwelling; and Whereas: Section 242-11 of the City of Buffalo Ordinances and provisions governing Housing laws of the Buffalo Municipal Housing Authority should be amended as follows to properly address tenant accountability. a) It shall be the responsibility of the tenant to limit occupancy of that part of the premises which the occupant occupies or controls to the maximum permitted as described in this chapter and other applicable ordinances: b) It shall be the responsibility of the tenant to report all damages, infestation, inoperative equipment and facilities and any other maintenance condition constituting a violation of this chapter to the owner or operator of the premises. c) Every occupant shall be responsible under civil and penal statutes or terms of a lease for willfully and maliciously causing damage to the premises and failure to pay monies owed to property owners for overdue rents. d) Every occupant shall be responsible for correcting any violations of the provisions of Section 242-11 Housing Standards - Responsibilities of Owners and Occupants which were damaged by the occupant. e) It shall be the responsibility of the owner to obtain a Rental Dwelling Integrity Check List for the purpose of recording the overall condition of the rental dwelling before occupancy. The Rental Dwelling Integrity Check List is a record of tenant acknowledgment of the condition of the dwelling before occupancy and a point 9f reference or evidence of the condition of the dwelling at the initiation of occupancy. The Rental Dwelling Integrity Check List shall be obtainable at Community Based Organizations (C.B.O.) and the completed check list should be returned and filed at C.B.O.s upon initiation of rental dwelling lease or renewal of rental dwelling lease. Signed copies of the Rental Dwelling Integrity Check Lists should be in the possession of the occupant and the owner as a record of the condition of the dwelling Whereas: The Erie County Department of Social Services should adopt a provision requiring any request by a social service recipient to terminate rental payment vouchers or an agreement to have a portion of social service assistance as direct payment for rental housing must first be acknowledged by the property owner entitled to the rental compensation. Now, Therefore Be It Resolved That: This Common Council requests the Corporation Counsel to amend Section 242-11 Housing Standards -Responsibilities of Owners and Occupants of the Buffalo City Charter to include items (a) through (e) of the above stated provisions to properly address the issue of tenant accountability; and Be it Further Resolved That: The Executive Director of the Buffalo Municipal Housing Authority incorporate items (a) through (d) of the above stated provisions in the B.M.H.A laws to address the issue of tenant accountability on B.M.H.A, property; and Be it Further Resolved That: The Erie County Department of Social Services adopt a provision requiring any request by an social service recipient to terminate rental payment vouchers or an agreement to direct portion of social service assistance to pay for rental housing must first be acknowledged by the property owner entitled to the rental compensation; and Be it Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to the Buffalo Municipal Housing Authority and the Erie County Department of Social Services. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 237 By: Mr. Collins Bond Resolution $20,000 Bonds The Installation of Traffic Signals- Linwood Ave. & Franklin Ave. and Central Business District Account 200-401-012 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $20,000 General Improvement Bonds of said City, the application of Federal Funds in the amount of $60,000, to finance the cost of the installation of traffic signals in the City including the area of Linwood Avenue and Franklin Avenue, and the Central Business District, at the estimated maximum cost of $80,000, and authorizing any moneys to be received from the State of New York to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. 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 Bonds of said City in the principal amount of $20,000, 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"); and apply Federal Funds expected to be received in the amount of $60,000, to finance the cost of the installation of traffic signals in the City including the area of Linwood Avenue and Franklin Avenue, and the Central Business District. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $80,000, as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1993-94. The Comptroller of the City is hereby further authorized to expend any moneys to be received from the State of New York towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. 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-Various Projects 1993-94," 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 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 $1,896,000. 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 class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 72. 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: October 5, 1993 LAID ON THE TABLE. No. 238 By: Mr. Collins Bond Resolution $424,000 Bonds The partial reconstruction of Bailey Avenue between Dingens Street and William Street Account 200-401-012 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $424,000 General Improvement Bonds of said City, the application of Federal Funds in the amount of $ 1,272,000, to finance the cost of the partial reconstruction of Bailey Avenue between Dingens Street and William Street, at the estimated maximum cost of $ 1,696,000, and authorizing any moneys to be received from the State of New York to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. 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 Bonds of said City in the principal amount of $424,000, 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"); and apply Federal Funds expected to be received in the amount of $ 1,272,000, to finance the cost of the partial reconstruction of Bailey Avenue between Dingens Street and William Street. 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 $1,696,000, as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1993-94. The Comptroller of the City is hereby further authorized to expend any moneys to be received from the State of New York towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. 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-Various Projects 1993-94," 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 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 $424,000. 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) 20. (d) 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 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: October 5, 1993 LAID ON THE TABLE. No. 239 By: Mr. Collins Bond Resolution $1,896,000 Bonds The partial reconstruction of various City Bridges Account 200-401-012 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,896,000 General Improvement Bonds of said City, the application of Federal Funds in the amount of $5,688,000, to finance the cost of the 1993-94 phase of the partial reconstruction of various City bridges, at the estimated maximum cost of $7,584,000, and authorizing any moneys to be received from the State of New York to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. 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 Bonds of said City in the principal amount of $1,896,000, 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"); and apply Federal Funds expected to be received in the amount of $5,688,000, to finance the cost of the 1993-94 phase of the partial reconstruction of various City bridges. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $7,584,000, as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1993-94. The Comptroller of the City is hereby further authorized to expend any moneys to be received from the State of New York towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. 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-Various Projects 1993-94," 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 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 $1,896,000. 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 class of objects or purposes 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: October 5, 1993 LAID ON THE TABLE. No. 240 By Mr. Collins SET PUBLIC HEARING: Hasten New Housing Phase I Amendment to Land Disposition Agreement Omega Homes, Inc. WHEREAS, Omega Homes, 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 an amendment to the Land Disposition Agreement which will include 32-38 Elsie, 183-187 Waverly, 253-257 Purdy and 42-46 Alexander Streets to Schedule A of said LDA for the construction of four (4) additional units of residential new housing known as the Masten New Housing Project Phase I 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 8th day of October 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 19th day of October 1993. ADOPTED. No. 241 By Messrs. Collins and Pitts SET PUBLIC HEARING: Kingsley New Housing Project Community Wide Urban Renewal Homestead Program James Management Co. Inc., Redeveloper WHEREAS, James Management Co., 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 forty (40) residential units of new housing known as the Kingsley New Housing Project in the Community Wide Urban Renewal Homestead Program Area; and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to said LDA to include 68-70, 138-142, 141, 147 and 149 Peach Street to Schedule A of said contract and to delete 592 Spring, 643 Sherman, 120 Glenwood, 209-211 Mulberry and 278 Carlton Streets from said Agreement; 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 8th day of October 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 19th day of October 1993. ADOPTED. No. 242 By: Mr. Coppola HOME Funding for Stratford Arms Whereas: Projects funded under the HOME program from the U.S. Department of Housing and Urban Development require approval by both the Buffalo Urban Renewal Agency and the Common Council; and Whereas: The Urban Renewal Agency has approved the allocation of $162,645 in HOME funding for the conversion of the former Stratford Arms Hotel at 25 West Utica Street for the Western New York Veterans Housing Coalition; and Whereas: The release of these funds will allow the Western New York Veterans full and complete ownership of the property: a condition necessary to complete the project; and Whereas: BURA approved the allocation in July , and immediate action by this Common Council will expedite this worthwhile project, which has been lingering for sometime. Now therefore be it resolved that This Common Council approves the allocation of $162,645 in HOME funding to expedite the Stratford Arms Hotel project for the Western New York Veterans Housing Coalition. PASSED. AYES- 13 NOES- 0. No. 243 By: Mr. Fahey, Mrs. LoTempio, Messrs. Bell, Arthur, Amos, Bakos, Collins, Coppola, Franczyk, Higgins, PerIa, Pitts, Zuchlewski Hire more police officers under supplemental hiring grant Whereas: The Common Council initially adopted a proposed resolution for federal support to hire more police under the proposed Clinton plan at their meeting January 5, 1993, C.C.P., Item No. 116; and Whereas: The City of Buffalo Police Department now has the opportunity to apply for a competitive new grant program through the Department of Justice Programs, Bureau of Justice Assistance, to hire approximately 27 new Police Officers; and Whereas: The total funding that the Buffalo Police Department would be eligible to apply for is $2 million over a three-year period; and Whereas: The Buffalo Police Department will submit a formal grant application to the Bureau of Justice Assistance by October 14, 1993, to hire the additional officers to address crime and related problems through community policing which will include our need for more sworn personnel to prevent crime, advocate problem solving and intensify public safety through a partnership between law enforcement and the community; and Whereas: It is essential that the City of Buffalo take immediate advantage of the opportunity. Now, therefore, be it resolved: That the leadership within the City of Buffalo, including the Mayor and the Common Council, continue to support this effort and request the assistance and support of our congressional, state, and county representatives to lobby as a coordinated delegation for securing these federal funds to augment the Buffalo Police Department; and Be it further resolved: That it is the intention of the City of Buffalo to retain this program beyond its expiration date. ADOPTED. No. 244 By Mr. Franczyk RE: SUPPORT ANTI-SCAB LEGISLATION WHEREAS: At its last legislative session, the United States Congress, House of Representatives, voted to approve the Permanent Replacement Workers (Anti-Scab) Bill, (HR-5 and S-55); and, WHEREAS: Bills HR-5 and S-55 prohibit employers from hiring permanent replacement workers, also known as "scabs", during strikes; and, WHEREAS: The bills would prohibit employers from punitive or discriminatory action against workers taking part in a strike action; and, WHEREAS: Workers covered by the National Labor Relations Act and Railway Labor Act, including railway and airline workers, will be protected under the bills; and, WHEREAS: The passage of bill HR-5 and S-55 is vital to protect the rights of working men and women from pernicious labor practices; and, WHEREAS: Although the House passed the bill in the 102nd Congress, the Senate did not pass S-55, forcing a re-introduction of the bill to the 103rd Congress; NOW THEREFORE BE IT RESOLVED: That the Common Council expresses its full support for the Permanent Replacement Workers (Anti-Scab) Bill (formerly HR-5 and S-55) prohibiting employers from hiring permanent replacement workers during a strike and bar any discrimination against workers who participate in a strike; BE IT FURTHER RESOLVED: That the Common Council urge the local House delegation and Senators Moynihan and D'Amato to work toward approval of these important bills as they are re-introduced in this legislative session in their respective legislative bodies for the benefit of working men and women; BE IT FINALLY RESOLVED: That copies of this resolution be forwarded to Senators Alphonse D'Amato and Daniel Patrick Moynihan and Representatives John LaFalce, Jack Quinn and Bill Paxon. ADOPTED. No. 245 By Mr. Franczyk SET PUBLIC HEARING: Stanislaus New Housing Project Approval of Land Disposition Agreement SMT, Inc. WHEREAS, SMT, 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 four (4) residential units of new housing known as the Stanislaus 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 8th day of October 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 19th day of October 1993. ADOPTED. No. 246 By: Mr. Franczyk Appointments to Radio Access Committee Whereas: This Common Council has appointed a Radio Access Committee whose mission is to rate local radio stations on their support of quality local music; and Whereas: This Committee has been working steadily and is now ready-to begin monitoring stations; and Whereas: One committee member has moved from the area and has resigned and the committee has requested the Council to appoint another member in his place; Now therefore be it resolved, that: This Common Council accepts the resignation of Jeffrey Mallon and appoints in his place: Richard Jezewski 47 Chippewa Street # 32 Buffalo, NY 14202 ; and Be it further resolved that; The City Clerk be directed to send a certified copy of this resolution to Mr. Jezewski. ADOPTED. No. 247 By: Mrs. LoTempio and Mr. Arthur Re: Ordinance Amendment Chapter 263 of Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263 of Chapter 175-Fees, of the Code of the City of Buffalo be amended to read as follows: Chapter 263, Licenses 263-12, alarm services City alarm connection - police $1,500.00 City alarm connection - fire 250.00 It is hereby certified, pursuant to Section 34 of the Charter of the City of Buffalo, that the immediate passage of the foregoing Ordinance is necessary. Approved as to form Lawrence K. Rubin Corporation Counsel Matter underlined is new. PASSED. AYES- 13 NOES- 0. No. 248 By: Mr. Perla CRIME WATCH SIGNS FOR WEST DELAVAN AVENUE WHEREAS: Residents of West Delavan Avenue, located between Baynes and Parkdale, have submitted a petition to the Buffalo Police Department requesting that Crime Watch Signs be installed on their street; and WHEREAS: The block club is asking that these signs be erected at the following location: on the corner of Baynes (facing West) and Parkdale (facing East); NOW, THEREFORE, BE IT RESOLVED: That this Common Council grants permission to have neighborhood Crime Watch Signs installed at the location mentioned above by the City of Buffalo Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 249 By: Mr. Perla Request Ordinance Amendment Change in Parking Restrictions WHEREAS: Residents of Seventh Street have submitted a petition requesting that parking be allowed on both sides of Seventh Street from Connecticut Street to Busti Avenue throughout the day and evening from May 1 through October 30th; and WHEREAS: The residents of Seventh Street are aware that parking can only be allowed on one side of the street from November 1st through April 30th for purposes of snow removal; and WHEREAS: This change in parking restriction would allow for additional parking for these residents; and WHEREAS: The Department of Public Works denied this request for a change on Nay 19, 1993 and August 9, 1993; and WHEREAS: Despite this denial, residents of Seventh Street have requested the assistance of the Buffalo Common Council in having these parking restrictions changed; NOW THEREFORE BE IT RESOLVED: That this Common Council requests the Corporation Counsel to draft the appropriate Ordinance Amendment that would implement the above requested changes in the parking restriction on Seventh Street from Connecticut Street to Busti Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 250 By: Mr. Pitts Request Authorization to Apply for Environmental Quality Bond Act Municipal Park Grant Whereas, approximately $3.5 million in 1986 Environmental Quality Bond Act (EQBA) funds are available for municipal park projects from the New York State Office of Parks, Recreation and Historic Preservation (OPRHP); and Whereas, the "esplanade" project meets minimum EQBA Municipal Park eligibility requirements; and Whereas, the construction of the "esplanade", as identified in the draft "Buffalo Harbor Master Plan", will link the downtown to the waterfront and provide new public access in the form of a unique urban waterfront park setting; and Whereas, the application deadline for said EQBA funds is September 30. 1993; and Whereas, the OPRHP requires the local governing body authorize the Mayor to apply for said EQBA grants. Now, therefore, be it resolved by the Common Council of the City of Buffalo: That the Mayor of the City of Buffalo be, and hereby is, authorized to submit an EQBA Municipal Park Grant Application for the Buffalo Inner Harbor Esplanade Phase lb to the OPRHP; and That the Mayor of the City of Buffalo be, and hereby is, authorized to enter into and execute project agreements for such financial assistance, upon such terms and conditions prescribed by OPRHP; and That the Mayor of the City of Buffalo be, and hereby is, authorized to execute whatever other documents or take measures which are necessary to effectuate such financial assistance. ADOPTED. No. 251 By: Mr. Pitts Indemnification of the Board of Education and Acceptance of Funds for the Lighted Schoolhouse Programs. WHEREAS: The Common Council approved a resolution, C.C.P. #138 September 20, 1988, which authorized she Department of Human Resources, through the Division For Youth and others to conduct Lighted Schoolhouse Programs; and WHEREAS: Approval of each program must be authorized by the Common Council; and WHEREAS: The Lighted Schoolhouse Program continues to be of great benefit to the citizens of the City of Buffalo Enabling citizens to utilize city school buildings in the evening hours during the summer, holidays, weekends and on other occasion; and WHEREAS: Lighted Schoolhouse Programs will be conducted at the following schools; #28, #91 (Mckinley); #37, #97 M.L.R.), #63 (Campus West), #68, #40, #44, #98 (B.U.I.L.D.), #54, #56, #81, #99 Traditional), #96 (Campus East), #95 (East Side Y.M.C.A.), #92 (M.L.K. Casino), #38, #45, #94 (Waterfront), #77; and WHEREAS: The Common Council must also accept, on behalf of the City, the funds allocated by the Buffalo Urban Renewal Agency as follows: September 16, 1993, Item 3J, in the amount of $63,960 for administrative costs and Item 3K in the amount of $248,677 for programmatic cost for the Lighted Schoolhouse Program. NOW, THEREFORE BE IT RESOLVED: That the Common Council authorizes the Department of Human Resources, through the Division of Youth, various community corporations, civic organizations, and other persons, firms, corporations, and agencies to conduct Lighted Schoolhouse Programs provided that each program and its sponsor be first approved and authorized by this Common Council, that such authorization and approval to be communicated to the Buffalo Board of Education; and BE IT FURTHER RESOLVED: That the City of Buffalo, NY hereby agrees to indemnify and hold harmless the Board of Education of the City School District of the City of Buffalo, NY, of and from any and all manner of action and actions, cause and causes, suits, debts, dues, sums of money, accounts reckoning, bonds, bills specialities, covenants, contracts, variances, trespasses, damages, judgements, extents, executions, claims and demands whatsoever in the law or in equity on account of the conduct of such Lighted Schoolhouse Programs undertaking, with prior approval and authorization of the Common Council; and BE IT FURTHER RESOLVED: That the Common Council accepts funds allocated by the Buffalo Urban Renewal Agency as follows: $63,960 for administrative costs and $248,677 for programmatic costs. PASSED. AYES- 13 NOES- 0. No. 252 By: Mr. Pitts Urge Settlement of Buffalo Philharmonic Standoff Whereas: The Buffalo Philharmonic Orchestra is again embroiled in a fiscal crisis which has resulted in the postponement of the BPO season and the actual termination of musicians and administrative staff; and Whereas: At the heart of the matter is the BPO management demand, articulated through Board Chairman Andrew J. Rudnick, that the overall operating budget be reduced and that musician concessions in salaries and season length serve as the basis for balancing the budget, while the musicians counter that they have one year remaining on their existing, ratified contract, and that management has not fulfilled its responsibility to raise the funds to meet its obligations; and Whereas: The cost cutting philosophy does not seem to extend to management and administrative positions, as BPO personnel are among the highest paid in the Buffalo area nonprofit organizations, with five individuals among the top twenty in the area, each earning over $70,000 annually; and Whereas: The impasse has had a serious, negative impact on the morale of the musicians, who have not been paid since the middle of August and who will have their medical benefits discontinued as of Thursday, September 30, 1993; and Whereas: The hard line stance of the BPO Management and the callous disregard for the musicians, particularly in light of the fact that a valid contract is in place, jeopardizes the future of one of the nation's finest orchestras and one of Buffalo's great cultural and entertainment treasures; and Whereas: It seems obvious that there exists an obligation on the part of the BPO Board and its leadership to develop a financial plan that goes beyond cuts in salaries and performances and would enable them to honor the contract with the musicians; Now, therefore, be it resolved: That this Common Council urge the Board of the Buffalo Philharmonic Orchestra Society to reassess its hard line position of balancing its budget on the backs of the musicians and to honor the existing contract with the musicians, thereby enabling the Buffalo Philharmonic Orchestra to perform for the 1993-94 season. ADOPTED. No. 253 By: Mr. Pitts B.F.N.C., "A Century of Good Neighbors" Whereas: On November 12, 1993 at 6:30 p.m. at the Buffalo Hilton the Buffalo Federation of Neighborhood Centers (B.F.N.C.) will celebrate 100 years of service to the City of Buffalo community, and Whereas: This glorious celebration's theme is "A Century of Good Neighbors". The dinner at the Buffalo Hilton will inaugurate a year of spectacular events which highlight the agency's mission "to improve the quality of life for the people and neighborhoods we serve by preparing, equipping and empowering them to meet the challenges of contemporary urban life.", and Whereas: The Westminister Community House and the Neighborhood House Association, both which developed out of the Settlement House movement are two institutions which have become symbols of positive service for thousands upon thousands of inner city families, and Whereas: In order to continue another 100 years, the theme "Yesterday, Today, Tomorrow and diversity at Work", it would be fitting to rededicate the North Service Road in honor of the B.F.N.C. for the next 100 years. The renaming of this street will ensure the symbolic recognition of this years celebration for generations to come. Now Therefore Be It Resolved That: The Common Council approves the renaming of the North Service Road atop the Kensington Expressway as B.F.N.C. Drive. Further Be It Resolved That: The Common Council requests the Department of Public Works work with the New York State Department of Transportation and the United States Postal Service to implement this change. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 254 By: Mr. Pitts Banner Hanging for Clarkson Center on Delaware Avenue Whereas: The Clarkson Center located at 310 Delaware Avenue will be dedicating its new Employment Training Facility on October 7, 1993. This occasion will be marked by a ribbon cutting ceremony and public tours of the facility, and Whereas: The new training facility will consolidate all of the educational and training programs accomodating approximately 1,000 students, and Whereas: Clarkson's program will be the largest program of its type in the country. Now Therefore Be It Resolved That: The Common Council approves the hanging of a Banner across Delaware Avenue from October 5, 1993 to October 29, 1993 subject to conditions established by Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 255 By: Mr. Pitts Hearing on Complaints at the Buffalo Vocational Technical Center Whereas: The Buffalo Vocational Technical (B.V.T.C.) Center located at 820 Northampton Street is an education and training program under the Buffalo Board of Education, and Whereas: Recently, there has been an unusual amount of turnover of instructors at the school. In fact, the change in teachers was so constant that a number of students were not able to satisfactorily complete their course requirements, and Whereas: Based upon complaints made by some students and administrators the program at B.V.T.C. is now being monitored by the Private Industry Council. Students have also complained about an atmosphere of intimidation and fear from the principal. Now Therefore Be It Resolved That: The Common Council's Special Education Committee hold a hearing to review the situation at the Buffalo Vocational Technical Center on Thursday October 21, 1993 at 3:30 p.m., in Room 1417 City Hall. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION. No. 256 By: Mr. Zuchlewski (Civil Service Change for Water Dispatcher) Whereas: Recently, the City of Buffalo Department of Public Works requested that the Buffalo Civil Service Commission make a change In the qualifications and duties associated with a Water Dispatcher position, and Whereas: It is our understanding that this change requested the elimination of typing skills or the testing of typing skills in order to qualify for this position, and Now, Therefore, Be it Resolved: That the Common Council requests, from the Buffalo Civil Service Commission, a copy of the letter from the Department of Public Works requesting this change and a copy of their final decision on this change, and be it further Resolved: That the Common Council requests, from the Commissioner of the 'Department of Public Works, a written response on whether or not typing will be included in the job duties of a Water Dispatcher, and Resolved: That this Honorable Body receive responses to both requests on or before our next Common Council meeting of Tuesday, October 19, 1993. ADOPTED. No. 257 By: Messrs. Zuchlewski and Perla Establishment of Safe School Zones Whereas: The Security Division of the Buffalo Public Schools is charged with the responsibility of protecting children in and around our schools, and Whereas: Although there have been a limited number of incidents in our schools, children attending Buffalo Schools are generally provided a safe environment in which to learn, and Whereas: Even though children in our schools are relatively safe, it is even more difficult to protect them once they are outside of the school building and the controlled environment provided by the principal and teachers and begin to disperse by a variety of means such as walking, bus and subway, and Whereas: A growing concern among the Security Staff has been the increasing number of people who are not students gathering outside school buildings before school starts and at the end of the school day, and Whereas: These people that are beginning to congregate in front of some of our high schools are believed to be there for unscrupulous purposes such as selling drugs, encouraging truancy and general mischief- and Whereas: For the protection and safety of our school children, it would be in their best interests if these people were not allowed to congregate near school property, Now, Therefore, Be It Resolved, That this Common Council requests the Corporation Counsel to investigate the possibility of establishing "Safe School Zones" that would prohibit people who are not students from congregating in the public right of ways within 150 feet of school property. Be it Further Resolved, That the intent of this legislation is for the prevention of unscrupulous and illegal behavior near city schools. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE CORPORATION COUNSEL. No. 258 By: Mr. Zuchlewski & Mr. Perla [Enable the Security Division of the Buffalo Public Schools to issue parking tickets] Whereas: It has been noted that there has been an increase in the number of people who are not students who congregate in the immediate vicinity of many of the Buffalo Public Schools before classes begin and at the end of the day, and Whereas: Many of the undesirable individuals who loiter in the proximity of the schools wait in a motor vehicle and park near school property, and Whereas: In many instances, these people park in restricted parking areas, and Whereas: It is believed that these individuals congregate around our schools and adversely affect our young people by selling drugs and encouraging other illicit activities, and Whereas: The intent of the Honorable Body is to discourage and prevent individuals from congregating in the immediate area of our schools and to provide additional protection to our children, and Whereas: We believe that if the Security Division of the Buffalo Public Schools were able to write parking tickets, many of these individuals would be deterred from congregating. Also, the parking problems that are encountered during football games would be brought under control, and Whereas: It is our understanding that previously, the Security Division of the Buffalo Public Schools were able to write parking tickets, and Now, Therefore, Be it Resolved: That the Common Council requests a review by Corporation Counsel and Administration and Finance on allowing the Security Division of the Buffalo Public Schools to once again write parking tickets near Buffalo Public School property, and Resolved: That a determination be made on its legality and submitted to the Common Council on or before our meeting of Tuesday, October 19, 1993. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 259 By: Messrs. Zuchlewski and Perla Request General Status of all Court Cases Regarding Adult Book Store Location and Operation Within the City of Buffalo Whereas: The issue of Adult Bookstore business operations within the City of Buffalo has been met with civic and moral struggles; and Whereas: The issue is further complicated by laws that protect the rights of an individual to operate a legitimate business but fail to address or establish standards as to the moral value or impact of the goods and/or services sold by the business; and Whereas: Arguments have been made regarding adverse effects on children and individuals exposed to pornography readily available under freedom of choice; and Whereas: Cases of illegal obscene hard core material being sold at certain adult bookstores have been upheld in the courts raising the question of a possible trend toward testing the limits of the law; and Whereas: Exploring a solution to restrict all adult book store business operations to (M2) General Industrial Districts would keep residential areas free of accessible pornographic outlets and the owners and operators of the adult bookstores would have an uncontested area for business operation. Now, Therefore Be It Resolved That: This Common Council requests the Corporation Counsel to provide this Common Council a report outlining the current status of all court cases dealing with the location and operation of adult book and video stores; and Be It Further Resolved That: The Corporation Counsel assess and file a report with this Council outlining the possibility and legal practicality of amending the City of Buffalo zoning ordinances to restrict the location and operation of all adult bookstore businesses to (M2) General Industrial Districts within the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 260 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 Tommy L. Williams By Councilmember Collins Felicitation for Clarkson Center Day By CounciImember Pitts Felicitation for William D. Bennett By Councilmember Pitts ADOPTED. No. 261 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: Ann Marie Robinson Kathleen M. Barnes TOTAL: 2 ADOPTED. No. 262 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: Beverly Hassett Ann Hybicki Michelle Pauly Rita Peck Marlene Prather Arleen Roeder Mari VanDeWater Diane Walker Diane Zigrossi Linda F. Swiatek Karen S. Barone Anne M. Steblein Suzanne V. Buffamanti Lisa Nowak Karen DiMitri Denise Wray Cheryl Martin Madonna L. Lawrence Stephen P. Bevilacqua Mae Jackson Madeline C. Marrone Michael Sippel Deborah S. Augustine Valerie T. Rose TOTAL: 24 ADOPTED. No. 263 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, OCT 12, 1993 9:30 AM Finance Tuesday, OCT 12, 1993 Immediately Following Civil Service Legislation Tuesday, OCT 12, 1993 2:00 PM Economic Dev. Wednesday, OCT 13, 1993, 10:00 AM Ancillary Committees Auditorium/Stadium T.F. Wednesday, Oct 6, 1993, 2:00 PM Special Finance Mtg Thurs Oct 7, 1993, 10:00 AM/1417 Education Committee Thurs Oct 14, 1993 10:00 AM/1417 No. 264 Adjournment On a motion by Mr. Fahey, Seconded by Mrs. Lotempio the Council adjourned at 3:45 P.M. CHARLES L. MICHAUX, III CITY CLERK MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER. Board of Police and Fire Pension Proceedings # Mayor's Office-201 City Hall September 30, 1993-11:00 a.m. Present: George K. Arthur, Council President; James W. Griffin, Mayor-2 Absent: R. Michael McNamara, Deputy Comptroller-1 The Journal of the last Meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of August 1993 amounting to $31,760.50 and for the month of September 1993 amounting to $31,760.50, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of August 1993 amounting to $35,497.03 and for the month of September 1993 amounting to $35,509.53, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 3 The following annuitants have been cancel led from the Police Pension Payroll: Dorothy D. Newman Died July 27, 1993 Received and Filed. No. 4 On motion by Mr. Griffin, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.