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Home My WebLink About93-1019 No. 19 Common Council Proceedings of the City of Buffalo Regular Meeting, October 19, 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. SPECIAL COMMITTEE ON EDUCATION: Hon. Dale Zuchewski, Chariman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon.Rosemarie LoTempio, Hon. Carl A. Perla, Jr. 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 19, 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 October 5, 1993 were approved. FROM THE MAYOR No. 1 Appointment of Member of the Broadway Market Board of Directors Please be advised that pursuant to the powers vested in me under the By-Laws between the City of Buffalo and the Broadway Market Management Corporation (BMMC), I hereby appoint Joseph Petruso residing at 56 Dexter Terrace, Tonawanda - 14150, as a member of the Broadway Market Board of Directors for a term expiring on December 31, 1994. Joseph Petruso will succeed the late Frank Mavica. I hereby certify that Joseph Petruso is fully qualified to serve as a member of the Broadway Market Board of Directors. RECEIVED AND FILED. No. 2 Appointment of Member of Home Improvement Advisory Board Pursuant to the powers vested in me by Chapter 144-6 of the Buffalo Code, I hereby appoint James J. Moscato, residing at 48 Squire Court, Getzville, New York 14068 as a member of the Home Improvement Advisory Board, effective October 11, 1993 for a term expiring on January 2, 1995. James J. Moscato will succeed Thomas Telesco whose term has expired. James J. Moscato, the General Manager of Muletown - Alside Supply Center, has been employed by Alside since 1972. He is very active in many industry related organizations: Home Improvement Council - membership chairman - 6 years - member, Board of Directors - 6 years - Chairman - 2 years Niagara Frontier Builders Association - membership committee - 4 years - Associates Council - 4 years - Remodelers Council - l year - Remodelers Council - Chairman - 1993 - member, Board of Directors - 1993-1994 I hereby certify that James J. Moscato is fully qualified to serve as a member of the Home Improvement Advisory Board. RECEIVED AND FILED. No. 3 Reappointment of Member of Commission on Human Relations Pursuant to the powers vested in me by Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby reappoint Carlyle J. Moran, residing at 45 Pulaski Street, Buffalo - 14206, as a member of the Commission on Human Relations for a term expiring on February 27, 1996. I hereby certify that Carlyle J. Moran is fully qualified to be reappointed to the Commission on Human Relations. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 Jack Adkins Ford Inc. - Petition To Rezone 1177 Abbott Rd. form C1 to C2 For Auto Sales Item No. 101, C.C.P.., July 20, 1993 The City Planning Board at it regular meeting held Tuesday, October 12, 1993, considered the above petition pursuant to section 511-126 of the buffalo Code, Amendments to the Zoning Ordinance. The Planning Board voted to receive and file the rezoning petition since your Honorable Body has received and filed the matter (Item No. 174, C.C.P., October 5, 1993). RECEIVED AND FILED. No. 5 R. Turgeon - Request to use Upper Floor Of Restaurant, 3151 Main St., as a Night Club/Banquet Room Item No. 110, C.C.P., October 5, 1993 The City Planning Board at its regular meeting held Tuesday, October 12, 1993, considered the above request pursuant to section 511-79.5, Restricted uses in the Transit Station (TS) District. The applicant seeks to use a second floor area of an existing restaurant for a dance floor/night club operation. The dance floor area will measure approximately 18 feet by 30 feet or 540 square feet. The site is located in the TS zone which considers such uses to be restricted uses requiring the approval of your Honorable Body. Question arose over whether the music played within the facility could be heard in the street. The applicant indicated that the dance floor and accompanying record booth will be situated at the rear of the building and are immediately adjacent to the restaurant's parking lot. Therefore, the issue of noise would be mitigated. Under SEQR, the proposed restaurant expansion is considered a Type II action which may be studied via uncoordinated review. The Planning Board voted to approve the proposed restaurant expansion. LAID ON THE TABLE. No. 6 S. Frisicaro - Request to Convert An Existing Restaurant To A Sit-In Restaurant At 1096-1098 Elmwood Ave. Item No. 111, C.C.P., October 5, 1993 The City Planning Board at its regular meeting held Tuesday, October 12, 1993 considered the above request pursuant to section 511-56 of the Buffalo Code, The Elmwood Business (EB) District. The applicant seeks to convert an existing take-out restaurant into a 24-seat sit-in restaurant. The approximate floor area of the restaurant will be 2000+ square feet. The site is located in the EB district which considers eating and drinking places to be restricted uses which require the approval of your Honorable Body. Under the Buffalo Code, 13 off street parking spaces would be suggested. It should be noted that a public parking lot is located within 1000 feet of the site. Lastly, under SEQR the proposed conversion is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed restaurant conversion. RECEIVED AND FILED. No. 7 Walgreens - Request to Review a Decorative Screen at 650 Delaware (corner North) The City Planning Board at its regular meeting held Tuesday, October 12, 1993, considered the above request pursuant to section 511-92A(2) of the Buffalo Code, Review of Decorative Screening on Delaware Avenue. The applicant seeks to screen off-street parking for a new retail facility with a decorative masonry wall which incorporates a bermed vegetative strip. The proposed wall will be made of the same brick which the new store will utilize. It will measure 3 feet 8 inches in height from the Delaware and North Street sides (the wall will be 4 feet 8 inches in height but will be 1 foot below the grade of the berms on the Delaware Avenue and North street sides). Under the ordinance, such decorative screening must be reviewed by the City Planning Board prior to a decision of your Honorable Body. Under SEQR the proposed decorative screen is considered a Type I action which is currently under review by the Buffalo Preservation Board since the site is located in the Allentown Preservation District. Given this, the Planning Board voted to approve the proposed decorative screen while noting that the screening must also be approved by the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE PRESERVATION BOARD. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 8 Integrating Greenway Trail into Crossroads Plans Resolution No. 220, 9/21/93 The Environmental Management Commission notes with approval the Common Council's continuing support for the development of a waterfront greenway trail as a priority project for waterfront development. Both the Horizons Waterfront Commission and the City of Buffalo should be fully and positively responsive to the Common Council's call for the inclusion of a multi-use pedestrian park and path linkage to the waterfront, as specified most recently in Council Resolution number 220 of September 21, 1993. No other concept associated with recent waterfront planning promises to deliver so much public access, and no waterfront value stands higher in the mind of the public than public access. RECEIVED AND FILED. No. 9 Establish Environmental Enforcement Squad Item No. 230, C.C.P. 10/5/93 The Environmental Management Commission strongly applauds the proposal before your Honorable Body for the creation of a Police Department Environmental Enforcement Squad. The problems the Council proposal points out harm our City. In some cases, there are a number of environmentally protective City ordinances already on the books which need greater enforcement attention. In other cases, the City needs to refer problems to County, State, and Federal authorities for enforcement. The Commission would be pleased to work with involved entities to help lay the foundation for stronger enforcement. If the Council so requested, the Commission could: 1) highlight the problems that the City can deal with through its own ordinances; 2) build upon its experience over the years with County, State, and Federal governments in environmental enforcement matters, so as to highlight avenues of outside help which might be available to the City; and 3) draw upon and continue its role as a point of contact through City Hall referral for citizen environmental complaints and concerns. The Environmental Commission looks forward to hearing further from your Honorable Body in this regard. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 10 Certificate of Determination $19,069,000 Bond Sale Certificate of Determination by the Comptroller determining the terms, form and details of issuance of $19,069,000 Pension System School Serial Bonds 1993-F of the City of Buffalo, New York, and providing for the private sale thereof. The Bonds are hereby sold at private sale to Paine Weber Incorporated, New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated October 7, 1993, between said Managing Underwriter and the City. The Bonds will be dated October 1, 1993 and will bear interest at the rate (s) per annum on October 1, 1994 and semi-annually thereafter on the first days of April and October in each year until maturity. The Bonds will, be delivered and shall be paid for on or about October 14, 1993 in New York, new York. An Official statement may be obtained from the office of the financial advisor to the City, Government Finance Associates, Inc., of New York, in New York, at (212) 809-5700 or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. RECEIVED AND FILED. No. 11 Interfund Loan Tifft Street Bridge Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a project and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $2,160,000 for the reconstruction of Tifft Street Bridge. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-401-012 BAN/Bond Sale $2,160,000 Mr. Fahey moved: That the communication from the Comptroller, dated September 20, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $2,160,000 for the reconstruction of Tifft Street Bridge. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 12 Permission to Negotiate 231 Katherine E 106' S O'Connell Lot size (50'x 48') Assessed Valuation: $2,200 The Office of the Comptroller, Division of Real Estate, has received a request from Scott Allan, 267 N. Pleasant Parkway, Cheektowaga, New York to purchase the above captioned property. Scott Allan would like to purchase this property, which is adjacent to a home he owns at 235 Katherine for additional yard space for his tenant. The Department of Community Development and the Department of inspections & Community Revitalization were contacted and they have no objection to this sale. The Tax ,and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated October 5, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate with Scott Allan, 267 N. Pleasant Parkway, Cheektowaga, for the private sale of 231 Katherine and report to this Honorable Body the results of such negotiations. ADOPTED. No. 13 Re-Authorize Private Sale of 47 Dempster Item 1, C.C.P. 10/5/93 This communication is in response to the Common Council's action sustaining the Mayor's veto of the sale 47 Dempster. In addition this communication will try and put in proper perspective the confusion and misunderstanding that have taken place and to reverse a situation that has caused the rejection of a young couple's dream to build a new home in the City. Mr. and Mrs. Gallagher have contracted with Burke Brother Builders to construct a new home for them. Despite the rejection and discouragement, Mr. and Mrs. Gallagher have asked that the City reconsider their offer to purchase 47 Dempster. The Mayor's veto message stated that he wanted the Common Council to review the discrepancy in the market value between February 1992, the date of the auction, and September 1993. In February 1992 the Division of Real Estate held an auction. The highest bid received for the vacant lot at 47 Dempster was $8,500. There was also a second bid of $8,000 submitted by Lovejoy Builders and a third bid of $6,000 was received. However, the first bidder defaulted and did not purchase the property for the amount bid. The other two bidders were asked to honor their bid amounts and refused. The Division of Real Estate advised the Mayor's Office and the Department of Administration of Finance, prior to the Mayor's veto of the sale, about the results of the auction. They were informed that bids received at an auction should not be construed to be an indication of market value. The final result, that none of the bidders honored their bids, imports that the property was not worth the bids tendered. The most recent appraisal of the property, September of 1993, by Pirritano Appraisers indicates that the Fair Market value of the property to be TWO THOUSAND DOLLARS, ($2,000). This represents approximately Thirty Three Dollars a front foot and is consistent with the value of those sales that have been reported to Your Honorable Body over the past year. This past week members of my staff have met with Councilmember Bakos, Mrs. Gallagher, Burke Brother Builders and spoke to Mr. Michael Riccone from Lovejoy Builders. Mr. Michael Riccione of Lovejoy Builders was the second highest bidder at last years auction and has questioned the sale of the property to the Gallaghers for less than fair market value. Although Mr. Riccione is still interested in the property he has no firm plans or commitment to build within in the near future. He also does not wish to interfere in the sale to the Gallaghers as long as the property is being sold for it's Fair Market Value. As Your Honorable Body is aware, it has been a long established procedure to transfer properties to B.U.R.A. for new housing development. These properties are then marketed by BURA to developers that participate in the City's new housing programs. These properties are sold to the developers for between $500 to $1,000. This process was authorized by the Common Council when the Buffalo Urban Homestead Program was established in the mid 1970's. Mr. and Mrs. Gallagher, who were in the process of finding a location in the Lovejoy District to build a new home, were advised that the property was available. Acting on that information the Gallaghers contracted with Burke Brother Builders, as their designated builder, and put their home up for sale and sold it. However, their request to enter into an L.D.A. at the BURA meeting was rejected for the reasons stated in the Mayor's veto message. Although the Gallaghers were disappointed at the BURA rejection, where they could have bought the property for $1,000, they were then directed to pursue and purchase the property from the Division of Real Estate. The Gallaghers, through their builder, followed our private sale procedures, hired an independent appraiser who estimated the property at TWO THOUSAND DOLLARS, ($2,000). I forwarded the results of those negotiations to Your Honorable Body and recommended that we sell the property for the Fair Market Value. Your Honorable Body approved the sale. With respect to the District Councilmember's wish that a public auction be held and in recognition of the interest expressed by Michael Riccione of Lovejoy builders, the Deputy Comptroller and the Director of Real Estate met with Mr. Bakos and reviewed the situation. Past experience with an auction of this property did not result in a sale. Considerable time, money and effort went into the auction and without the assurance that a sale will result, an auction would be unwise when we have the Gallaghers ready, willing and able to pay the appraised market value. At the request of the District Councilmember, the Director of Real Estate spoke with Mr. Michael Riccione of Lovejoy Builders. Mr. Riccione has advised our office, as stated above, that although he is interested, he has no firm plans or commitment to build at this time. Mr. Riccione was under the impression that Burke Builders was purchasing the property for less than fair market value. We have advised him that the property is being sold to Burke Builders on behalf of the Gallaghers at the fair market value of $2,000. Attached is a letter from the Director of Real Estate to Mr. Riccione dated 10/13/93 advising him of the aforementioned. After having reviewed the above information 1 hope that the Common Council and the Mayor will agree that to have denied the Gallaghers the purchase of 47 Dempster after they have, in good faith, not once but twice, followed the established procedures to acquire this lot and build a new home was an unfortunate misunderstanding of the market value of the property. Therefore, I am recommending that Your Honorable Body unanimously approve the Gallaghers request for their builder, Burke Brother Builders, to purchase the vacant lot at 47 Dempster in the fair market value amount of Two Thousand Dollars, ($2,000), and that the Mayor subsequently approve and sign the necessary documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated October 14, 1993, be received and filed; and That the offer of Mr. and Mrs. Gallagher, in the sum of $2,000.00 (Two Thousand Dollars) to purchase the property described as 47 Dempster, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 14 Transfer Title 913 Jefferson to 909 Development Corp. Lot Size: 58' x 95' Assessed Valuation: $12,400 Land:$ 4,300 Improvement$ 8,100 This Office, through the Division of Real Estate, was contacted by Mr. Louis Giambrone, an officer of 909 Development Corp. located at 108 Woodcrest, Amherst, New York 14226. 909 Development Corp. is the owner of property located at 909-919 Jefferson Avenue in Buffalo. The property consists of a 3 story multiple use building part of which was acquired by the City of Buffalo at the last County In-Rem auction. We have been advised by Mr. Giambrone and the County tax office that the property struck to the City by the County at the June auction consists of half the property and the improvements thereon. We have been further advised that there are two separate tax bills for this property. The tax bill for address 909 Jefferson consists of one-half of the building and lot and the tax bill for 913 Jefferson consists of the other half of the building and lot. Last year when 909 Development Corp. received the tax foreclosure notice Mr. Giambrone promptly went to the County to bring the property taxes up to date. While at the County he was given a statement for the delinquent taxes on 909 Jefferson only and paid that bill. The result was that the taxes on only half of the property were paid and the County inadvertently auctioned 913 Jefferson which was struck to the City of Buffalo when there were no bidders. It was not until recently that 909 Development Corp. became aware of this situation and immediately contacted the City of Buffalo to rectify the situation. After discussions with the County tax department and the City Law Department it is the recommendation of this Office to sell the title back to 909 Development Corp. for the amount of City and County taxes owed plus the In-Rem charges, since it would be very difficult, or in all likelihood, impossible, to sell only half of the property involved. Therefore, I am recommending that Your Honorable approve the sale of 913 Jefferson Avenue back to 909 Development Corporation in the amount of Forty-Nine Hundred Dollars ($4,900), which represents the amount of County taxes, City taxes, In-Rem charges and applicable interest charges. I am further recommending that the Mayor be authorized to execute the necessary documents for the transfer of title. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Monthly Overtime Usage Report For your information, this Office is submitting its monthly overtime usage report which reflects overtime expenditures for all City Departments 'as of 9-30-93 (first quarter). This report also projects overtime expenditures for all departments if current spending levels remain the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Certificate of Appointment Appointment effective August 11, 1993 in the Department of Audit and Control, Division of Audit, Ronald N. Lunghino, 126 Eller Avenue, Buffalo, 14211 to the position of Assistant Auditor, Provisional, at the intermediate starting salary of $25,942. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL No. 17 Re-Appointment of Member of the Assessment Review Board I hereby request the Colon Council reappoint Edward Herndon, residing at 19 Summer Street, Buffalo, New York, 14201 to the Board of Assessment Review, for a term expiring September 30, 1998, and the City Clerk be directed to notify the New York State Division of Equalization and Assessment, 16 Sheridan Avenue, Albany, New York, 12210-2714 of this appointment. Mr. Fahey moved: That the communication from the President Council, dated October 6, 1993, be received and filed. That the reappointment of Edward Herndon Street, Buffalo 14201 as a member of the Board of Review, for a term expiring September 30, 1998, be ADOPTED. FROM THE COMMISSIONER OF ASSESSMENT No. 18 J. Piccione Cancel Interest on Taxes Item No. 107, C.C.P. 10/5/93 Anthony Piccione & W. (Jennie), owners of 110 St. James, state that the tax bill for 1993-94 was not received by July 1, 1993 because of a challenged assessment. According to Jennie Piccione, she was unable to pay the tax until August 31, 1993. Tax bills are mailed to arrive by July 1st of each fiscal year. The Department of Assessment's records indicate the tax bill for 110 St. James was sent to M & T Bank as requested by the Mortgage Escrow Department. Apparently, the bank forwarded the tax bill to the owner because of a discharge of mortgage. In accordance with Real Property Tax Law (R.P.T.L.) Section 922 that states that, the failure of any such owner to receive the same, shall not in any way affect the validity of the taxes or interest prescribed by law with respect thereto, would apply. Even if J. Piccione did not receive the tax bill on or about July 1, 1993, it was the owner's responsibility to secure a tax bill and pay the bill by the due date to avoid a penalty as stated in the R.P.T.L. Section 922. Therefore, based upon a past opinion of the Law Department that states the forgiveness of interest on City and Sewer Tax Bills is unlawful, and based upon the information I have provided to Your Honorable Body, I recommend that Jennie Piccione's request for the forgiveness of interest be denied. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 19 Monthly Report of Licenses Issued in September 1993 I am respectfully submitting the enclosed report of licenses issued in the month of September 1993 by the Division of Licenses. RECEIVED AND FILED. No. 20 Amend Application Process for Accessory Signs Item No. 226 C.C.P. 09/21/93 This is in response to C.C.P. #226 of September 21, 1993. This communication outlined an amended procedure for applicants who desire using an accessory sign. Please be advised that the Department of Public Works, Division of Engineering has reviewed the outlined procedure and has no objection to its implementation. RECEIVED AND FILED. No. 21 Extension of Contract Repair and Painting of Ferry Elevated Water Tank City Contract No. 91722300 In accordance with the terms of the contract between the City of Buffalo and Erie Painting and Maintenance, Inc. City Contract No. 91722300, Repair and Painting of Ferry Elevated Water Tank, this office has received a request for an extension of time. The original completion date was Friday, October 1, 1993. Once the project was underway, it was determined that a complete power washing and power tool cleaning along with applying one full coat of primer and finish coat of paint would be needed at the Tank. A change in contract was authorized. The contractor has informed us that due to this change in contract, an additional four weeks in time would be required. Accordingly, I have granted an extension of time in the contract with Erie Painting and Maintenance, Inc. The new completion date for this contract is October 28, 1993. RECEIVED AND FILED. No. 22 Notification Serial #8311 Repeal Permissive Parking Chapin Pkwy., North Permissive Parking In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing thereto the following: Permissive Parking PERMISSIVE PKG LOCATIONS PD OF PERMISSIVE PKG Chapin Pkwy., North DAILY EXCEPT SUNDAY west side, between W Delavan Ave 2 Hr Parking 7AM - 7PM and Gates Circle (excluding existing No Standing and No Parking zones) Notification Serial #8312 Repeal Permissive Parking Chapin Pkwy., South Permissive Parking In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing thereto the following: Permissive Parking PERMISSIVE PRG LOCATIONS PD OF PERMISSIVE PRKG Chapin Pkwy., South DAILY EXCEPT SUNDAY east side, between W Delavan Ave 2 Hr Parking 7AM - 7PM and Gates Circle (excluding existing No Standing and No Parking zones) Notification Serial #8313 Install No Parking on Chapin Pkwy., North No 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 24 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: No Parking Prohibited Portion of Highway Prohibited Period Daily Chapin Pkwy., North No Parking Anytime west side, between W Delavan Ave and Gates Circle (excluding existing No Standing zones) Notification Serial #8314 Install No Parking Chapin Pkwy., South No 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 24 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: No Parking Prohibited Portion of Highway Prohibited Period Dally Chapin Pkwy., South No Parking Anytime east side, between W Delavan Ave and Gates Circle (excluding existing No Standing zones) Notification Serial #8315 No Turns on Red West Ferry Street at Niagara Street Repeal No Turns On Red - Repeal In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision 1 of Section 38 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing thereto the following: Turns Prohibited Facing Steady Red Signal Vehicles on at Intersection of West Ferry Street Niagara Street traveling eastbound Notification Serial #8316 No Turns on Red West Ferry Street at Niagara Street No Turns on Red - 7am - 6pm Monday thru Friday In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision 1 of Section 38 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Turns Prohibited Facing Steady Red Signal 7am - 6pm Monday thru Friday Vehicles on at Intersection of West Ferry Street Niagara Street travelling eastbound Notification Serial #8317 No Standing Ruspin Avenue No Standing In conformity with Section 49 of Chapter LX 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 LX 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 of business. That Subdivision 20 of Section 15 of Chapter LX of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: No Standing PUBLIC HIGHWAY PROHIBITED PORTION HIGHWAY Ruspin Avenue south side, beginning at Bailey Avenue and extending 240' east therefrom Notification Serial #8318 No Standing - Forest Avenue between Dewitt Street and West Avenue No Standing In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: No Standing Public Highway Prohibited Period Forest Avenue, north side 6 a.m. - 6 p.m. between Dewitt Street and West Effective Daily Except Ave (excluding the NSHC areas) Saturday & Sunday Notification Serial #8319 One Way Street Direction Lockwood Avenue From Hopkins Street to South Park Avenue One Way Street Direction 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 Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: One Way Street Direction NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Lockwood Avenue eastbound from Hopkins Street to South Park Avenue REFERRED TO THE COMMITTEE ON LEGISLATION. No. 23 Claim for Wages Various Employees From October 11 through October 24, 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 October 11 through October 24, 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, holiday or overtime pay. Mr. Fahey moved: That the communication from the Department of Public Works, dated October 7, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from October 11, 1993 through October 24, 1993 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 24 Permission to Prepare Plans and Specifications - New Watermain in Hillary Street and Service Transfer in Potters Road It is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to prepare plans and specifications and advertise for bids to replace approximately 650 linear feet of existing 6 inch watermain in Hillary Street from Mineral Springs Road easterly to dead end with new 10 inch watermain and replace approximately 1,900 linear feet of 6 inch watermain in Potters Road from Abbott Road southerly to Woodside Avenue with new 8 inch watermain. The present 6 inch watermain in Hillary Street was constructed in 1894 and is unable to provide adequate water supply to the area. The present 6 inch watermain in Potters Road was constructed in 1915 and will be replaced with a new 8 inch watermain. The City maintains a 6 inch and 12 inch watermain in Potters Road from Woodside Avenue to Onadaga Avenue. The 6 inch watermain will be abandoned and services transferred to the 12 inch main which was constructed in 1966. Upon completion of this project, the residents will be provided with increased flow for fire protection and domestic use. Funds for this work are available in the Division of Water's 416-980-060 account. Mr. Fahey moved: That the communication from the Department of Public Works, dated October 12, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise for bids to replace watermain in Hillary Street from Mineral Springs Road and Potters Road from Abbott Road to Woodside Avenue, as listed in the above communication, with said costs to be charged to Division of Water's 416-980-060 account. ADOPTED. No. 25 Report of Bids Reconstruction of Front Steps City Hall I advertised for on September 28, 1993 and received the following sealed proposals which were publicly opened and read on October 12, 1993. G.H. Byron Co., Inc. 75,000 Nichter Associates Inc. 59,000 Gianadda Construction 66,500 LCP Construction 71,614 DeSpirit Mosaic & Marble 75,000 Lachut & Assoc. 79,785 I hereby certify that the foregoing is a true and correct statement of all bids received and that G.H. Byron Co., Inc. in the amount of $75,000 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 will be available in B/F 200-402-012 - Division of Buildings. Estimate for this work was $60,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 26 Report Of Bids Repair to City Pavements 1993-1994 Item No. 30, C.C.P. 07/20/93 This is to advise your Honorable Body that 1 have advertised and received bids on September 29, 1993 for Repair to City Pavements 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: Amherst Paving, Inc. 171,160.00 Thomann & Loewer Asphalt Paving Corp. 183,985.00 Destro Bros. Conc. Co., Inc. 189,350.00 Nichter Utility Constr. Co., Inc. 190,570.00 I hereby certify that the lowest responsible bidder for the above project is Amherst Paving, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Project Fund #260-401-507-00-000 in an amount not to exceed $171,160.00, plus approved unit prices not to exceed an additional amount of $33,840.00, for a total award of $205,000.00. The Engineer's estimate for this work is $205,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 15, 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 October 14, 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 Pavements 1993-1994 to Amherst Paving, Inc., the lowest responsible bidder in the amount of $171,160.00, with said cost to be charged against the Capital Project Fund #200-401-507-00-000 in an amount not to exceed $171,160.00 plus approved unit prices not to exceed an additional amount of $33,840.00, for a total award of $205,000.00. PASSED. AYES- 13 NOES- 0. No. 27 Change in Contract General Construction Work New South District Police Station 1847 South Park Avenue I herewith submit to your Honorable Body the following change in contract for the New South District Police Station, 1947 South Park Avenue, BRD, Inc. C-91693800: 1. Add three (3) specified lockers and door nameplate signs for interior doors. Add $2,181.55 2. Add height of 2'-6" to partitions between shower stalls in rooms #119 and #120. Add $ 210.00 3. Add blacktop excavation at new rear entry plus relocation of fence post at front corner of building. Add $ 747.00 4. Add additional underlayment and rough slab preparation for finish tile floors and rubber base at front of shower stalls. Add $ 593.00 The above changes and revisions are a result of additional work requested by the Police Department and ongoing construction work which is exposing unforseen items. The foregoing change results in a net increase in the contract of Three Thousand Seven Hundred thirty-one and 55/100 Dollars ($3,731.55) Summary Original Amount of Contract $337,880.00 Change Order No. 1 CCP #25 5-11-93 Add 4,992.00 Change Order No. 2 CCP #40 7-20-93 Add 5,741.85 Amount of this change No. 3) Add 3,731.55 Revised Amount of Contract $352,345.40 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-009 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated October 1, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is, authorized to issue a change order No. 3 to BRD, Inc. C-91693800, a net increase in the amount of $3,731.55, as more fully described in the above communication, for additional work relating to the New South District Police Station. Funds for this contract are available in B/F 200-402-009 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 28 Change in Contract Electrical Reconstruction New South District Police Station 1847 South Park Avenue I herewith submit to Your Honorable Body the following change in contract for the Electrical Reconstruction of the New South District Police Station, 1847 South Park Avenue, Warren's Electric Co., Inc. C-91706400: 1. Add two (2) wiremold tele-poles Cat #25 TP-4B for computers in classroom/training room #112 at $345.00 each. Add $690.00 2. Add supply power to the wiring rack in the records storage room #131 from panel LPB. Add 292.00 3. Add surge protection for circuit supplying power to wiring rack in room #131. Add 85.00 4. Add 3-way switches in room #110. Add 187.00 The above changes and revisions are a result of additional work requested by the Police Department. The foregoing change results in a net increase in the contract of One Thousand Two Hundred fifty-four and 00/100 Dollars ($1,254.00) Summary Original Amount of Contract $66,131.00 Amount of this change (No. 1) Add 1,254.00 Revised Amount of Contract $67,385.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-009 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated October 1, 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 Warren's Electrical Co., Inc. C-91706400, a net increase in the amount of $1,254.00, as more fully described in the above communication, for additional work relating to the Electrical Reconstruction of the New South District Police Station. Funds for this contract are available in B/F 200-402-009 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 29 Change in Contract New South District Police Station 1847 South Park Avenue I herewith submit to Your Honorable Body the following change in contract for Sparks Plumbing & Heating Inc. C-91694100: 1. Change roof drain locations. Deduct 600.00 2. Change plumbing fixtures. Add 1,375.00 3. Add water line to refrigerator Room 122. Add 145.00 4. Add floor drain room 127 Add 230.00 5. Change water fountain to water cooler. Add 272.00 The roof drain deduction resulted from a change in roof pitch and subsequent drain relocation. All other changes and additions were requested by the Police Department. The foregoing change results in a net increase in the contract of One Thousand Four Hundred Twenty-two and 00/100 Dollars 1,422.00). Summary Original Amount of Contract $82,350.00 Amount of this change (No. 1) Add 1,422.00 Revised Amount of Contract $83,772.00 This change could not be foreseen at the time contract was let. Cost have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-063 - 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 October 12, 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 Sparks Plumbing & Heating Inc. C-91694100, a net increase in the amount of $1,422.00, as more fully described in the above communication, for additional work relating to the New South District Police Station. Funds for this contract are available in B/F 200-402-063 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 30 Change in Contract Stage for Shakespeare in the Park herewith submit to Your Honorable Body the following change in contract for Swiss Fabricating, Inc. C-91702000: 1. Dismantle and store stage accessory items. Add $27,700 The foregoing change results in a net increase in the contract of Twenty Seven Thousand Seven Hundred and 00/100 Dollars ($27,700.00). Summary Original Amount of Contract $153,400.00 Change Order No. 1 CCP #41 7-20-93 Add 1,680.00 Amount of this Change (No. 2) Add 27,700.00 Revised Amount of Contract $182,780.00 This change is a request from the Shakespeare in the Park group after bids were received. This change could not be foreseen at the time contract .was let. Costs have been reviewed by the Department of Pubic Works and found to be fair and equitable. Funds for this work are in B/F 200-402-523 - 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. REFERRED TO THE COMMITTEE ON FINANCE. No. 31 Amend Account Source- Acquisition of Property Reconstruction of Tifft Street Item Nos. 20 & 21, C.C.P. 09/7/93 The Comptroller requested authorization to acquire various parcels needed for the reconstruction of Tifft Street Bridge. In their communication they advised the Council that funds for the acquisition are available in Account # 200-401-012. In addition to this account, please be advised that funds are also being made available in Account # 200-401-009. We therefore request Your Honorable Body's authorization to utilize both above-mentioned accounts for the purpose of acquiring properties associated with the Tifft Street Reconstruction. Mr. Fahey moved: That the communication from the Department of Public Works, dated October 14, 1993, be received and filed; and That the request of the Department of Public Works for authorization to utilize funds, as described in its communication dated October 14, 1993 be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 32 Permission To Purchase A Truck With Utility Body And Plastic Flamecoat System I hereby request permission from Your Honorable Body to purchase a truck with utility body and plastic flamecoat system. This utility truck will be purchased by the Division of Engineering and used by our maintenance yard at 1120 Seneca Street. The truck is designed to repair potholes and street cracking in a more permanent nature. Cost of this vehicle including flamecoat system and utility body is approximately $35,000. Funds for purchasing this vehicle are available in bond fund # 200-401-507-00-000. Mr. Fahey moved: That the communication from the Department of Public Works, dated October 14, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to purchase a truck with utility body and plastic flamecoat system for $35,000, said funds for this purchase are available in Bond Fund #200-401-507-00-00000. PASSED. AYES- 13 NOES- 0. No. 33 Master Agreement CES/Way-Energy Conservation Attached please find the proposed Master Agreement between the City of Buffalo and CES/Way for energy conservation resources (BCMs) to be installed at various City facilities. It is respectfully requested that Your Honorable Body authorize for the Commissioner of Public Works to enter into this Agreement RECEIVED AND FILED. No. 34 Identify Funding Source Use of Painted Markings on City Streets to Designate Traffic Regulations This is in response to C.C.P. #215 of September 7, 1993. This communication requested that the Department of Public Works, Division of Engineering begin using pavement markings to reinforce designated traffic regulations such as stop signs and school zones. This practice would serve to enhance and promote vehicular and pedestrian safety. My Department has no objection to using and installing these type pavement markings. However, at present there are no lands available to purchase the material necessary for this type of operation. If your Honorable Body could identity a landing source, my Traffic Section will proceed with this issue. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Leddy Street Encroachment Mr. D.J. Braasch of the Donald J. Braasch Construction Company, has requested permission to install a paved area and gate at the west edge of the paved portion of Leddy Street which would encroach City right of way. The proposed paved area would begin at the point where City pavement ends and continue southwest to private property, owned by Braasch Construction, where a concrete ready-mix batch plant is to be built. The gate would be installed across the above described paved area. The Department of Public Works has reviewed Mr. Braasch's application pursuant to Chapter 413-67 (Encroachment Regulations) 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 permits required for said installation. 2. That the applicant be responsible for maintenance of the paved area, including snowplowing, and the gate as long as they remain within City right of way. 3. That the applicant supply the Department of Public Works with an owners protective insurance policy, naming the City of Buffalo as insured, in the amount of one million dollars. 4. In the event that the Commissioner of Public Works determines the encroachments 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. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 36 746 Main Street Handicap Ramp Within Right of Way Mr. Timothy Tompkins, owner of the Buffalo Spa and Body Club, located at 746 Main Street, has requested permission to install a handicap ramp which would encroach City right of way at said address. The proposed ramp would be located on the Washington Street side of the property, measuring 41 feet in length and project a maximum of 4 feet from the building face into City right of way. The Department of Public Works has reviewed Mr. Tompkins request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said ramp provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 37 1245 Main Street; Flagpole Within Right Of Way Mr. Gerald J. Carriero, of G & E Management, Inc., owners of the property located at 1219-1245 Main Street, has requested permission to install a flagpole which would be located within City right of way at said address. The proposed flagpole would measure approximately 35 feet in height and be located in front of U.S. Postal Service Station C, at the corner of Main and Northampton Streets. The Department of Public Works has reviewed Mr. Carriero's request pursuant to Chapter 413-67 (Encroachment Regulations) 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 permits required for said installation. 2. That the flagpole be installed at a location determined by the City Engineer. 3. That the applicant be responsible for maintenance of said flagpole as long as it remains within City right of way. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said flagpole. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 38 Certificate of Appointment Appointment effective October 11, 1993 in the Department of Public Works, Division of Water, Peter L. Wachowski 922 Walden Avenue, Buffalo, 14211, to the position of Meter Reader, Permanent, at the Intermediate starting salary of $22,405. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 39 Certificate of Appointment Appointment effective October 4, 1993 in the Department of Public Works, Division of Water, Andrew Barth, 383 Bryant Street Buffalo, 14222, to the position of Water Service Worker, Permanent, at the Maximum starting salary of $23,020. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 40 Certificate of Appointment Appointment effective October 4, 1993 in the Department of Public Works, Division of Water, John P. Scholl, 27 Seneca Parkside Avenue, Buffalo, 14210, to the position of Senior First Class Stationary Engineer, Provisional, at the Maximum starting salary of $28,139. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 41 Check Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, attached hereto, please find copy of the following check: 8155-00095611 $5,725.13 This check was received by this Department and duly deposited in Trust & Agency Account #630-065-271-00-000. RECEIVED AND FILED. No. 42 Permission To Accept Donated Vehicles I respectfully request permission to accept 4 vehicles donated by the Defense Logistics Agency of the United States Government. The following is a description of each of the vehicles: 1978 Dodge P-13 Truck, Vehicle ID W24BE75143360, 1980 Oshkosh WT 2206 Truck, Snow Plow, Vehicle ID 8685, 1981 Oshkosh WT 2206 Truck, Snow Plow, Vehicle ID 5672-R-81, and a 1976 Oshkosh WT 2206 Truck, Snow Plow, Vehicle ID 5974-R-76. At no cost to the city, these vehicles would help make the Department more efficient in fighting crime. Mr. Fahey moved: That the communication from the Department of Police, dated October 6, 1993, be received and filed; and That the Commissioner of Police be, and he hereby is, authorized to accept 4 vehicles at no cost to the city, as more fully described in the above communication, donated by the Defense Logistics Agency of the United States Government. PASSED. AYES- 13 NOES- 0. No. 43 Information Mistaken Identity Fatality in Allentown Item #234 C.C.P. October 5, 1993 In regard Item #234 C.C.P. October 5, 1993 the following is an excerpt from a Buffalo Police Homicide Squad report relative to the Council request for Investigative data and reports. On 9/8/93 this office was contacted by DPC Mullens regarding the identity of a person who was fatally injured in an accident at the Allentown Art festival on 6/12/93. A Carolyn Hunter was contacted by myself at the request of DPC Mullens. Mrs. Hunter stated there was a question in her mind as to the identity of the victim from the accident, suggesting that it may in fact be her brother who was killed instead of Ellis Ware Jr. I instructed Detective Stanley Suszek to contact the Erie County Morgue and initiate an investigation into the identity of the victim. Detective Suszek established the following: 6/12/93 - Accident occurred at approximately 1905HRS., victim was identified at the scene as being one Ellis Ware Jr. Victim expired at BGH. Police from precinct three were sent to the home of Ellis Ware to notify them of the accident. The family of Ellis Ware Jr. went to BGH and requested to view the body, however were refused viewing by a Young female doctor. Accordingly, the body was removed to the morgue as Ellis Ware Jr. Morgue personnel made repeated attempts to contact the Ware family with negative results. NO ID WAS FOUND ON BODY. 6/17/93 - Accident Investigation unit was contacted by morgue regarding "possible problems with identification of fatal accident victim". Evidence Unit was contacted and sent to the morgue to fingerprint victim. 6/18/93 - Fingerprints taken by Detective Wilson, compared to arrest cards from Ellis Ware on file, no match. Prints were sent to Albany as John Doe with request for ID. Search was conducted by Albany with negative results, no identification made. Morgue personnel made additional attempts to contact the Ware family, however each attempt was negative. After approximately 5 weeks, the body was cremated. On 9/8/93, after this office was made aware of the missing person Hanif Abdus-Sabr, a comparison of prints was made and positive ID made. Carolyn Hunter was notified by this office. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 44 Police Dept. Integration Item #233, C.C.P. October 51 1993 In regards to item #233, C.C.P. October 5, 1993 and in compliance with the resolution sponsored by Councilman David A. Collins, I file this response as Commissioner of Police for the City of Buffalo. The resolution as presented makes reference to "divisions, platoons" and "specialized units" within the Buffalo Police Department. This rather broad description makes it difficult to identify which of the 14 Precincts or 40 other separate units within the Department, that the resolution makes reference to. In any event virtually every one of the divisions, platoons and specialized unit has had minority representation at one time or another. Police professionals universally acknowledge that the single most important job in any Police Department is that of Patrol Officer. He is the one most in contact with the public. It is a front line job that should not be minimized. It is the actions and demeanor of the Patrol Officer on which the public bases its opinion of the Police. This is the job that is the most challenging. All other functions and units within the Police Department are designed to assist the Patrol Officer. As is the cliche' within police circles," patrol is the backbone of the Department." The Buffalo Police Department has a good mix of minority officers within the Patrol Division. In addition, there is also a good mix of minority officers assigned to "specialized units directly involved in solving violent crimes." Minority representation in the Homicide Squad comprises 21% of the unit. The Department has just recently assigned an African-American Detective Sergeant to the Homicide Squad. Minority representation ire the Robbery Squad is 22% and in the Intelligence Unit it is 20%. The Sex Offense Squad is 33% minority and the new Street Narcotic Attack Program (S.N.A.P.) is 60% minority. When S.N.A.P. was created the former Street Crimes Unit was disbanded. S.N.A.P. was staffed by officers from the former Street Crime Unit who were supplemented by 7 additional officers of which 6 were minorities. The Buffalo Police Department has worked diligently in trying to bring minority representation throughout the Department. This, in spite of the fact, that the Collective Bargaining Agreement requires assignments to be made using every effort to select the most senior applicant. There are currently no positions available in the specialized units involved in solving violent crimes. When positions do become available every possible consideration will be afforded minority applicants. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 45 Request L. L. - Disposal of Construction Waste Materials Item No. 229, CCP October 5, 1993 This above item has been referred to the Law Department for an opinion. Please be advised that this office foresees no legal impediment to the enactment of such an ordinance requiring those engaged in new construction to provide proof of proper legal removal of excavation and demolition debris and/or materials. RECEIVED AND FILED. No. 46 Request Ordinance - Responsibility of Owners/Occupants Item No. 236, CCP October 5, 1993 This above item has been referred to the Law Department for an opinion. Please be advised that this office is presently researching this matter and will respond in the near future. RECEIVED AND FILED. No. 47 Encroachment - 1175 Delaware Avenue -Sign in ROW Item No. 45, CCP October 5, 1993 This above item has been referred to the Law Department for an opinion. Please be advised that pursuant to Chapter 413-67 of the Buffalo City Code, Your Honorable Body may authorize the Commissioner of Public Works to issue such a "mere license" including conditions as described in the communication from Commissioner dated September 30, 1993. RECEIVED AND FILED. No. 48 Request for Compromise of Demolition Costs - 142 West Delavan Avenue Item No. 87, C.C.P., 9/21/93 The Law Department has been asked to comment on Mr. Daniel Sansanese's letter regarding an assessment for demolition costs at 142 West Delavan Avenue. The building was demolished in 1991 at a cost to the City of $8,000. The owner, Mr. Sansanese, had consented to the demolition in 1990. In May, 1992 Mr. Sansanese requested a compromise of the demolition costs (Item No. 92, C.C.P., 5/26/92). This request was referred to the Law Department and the Law Department responded as follows (Item No. 53, C.C.P., 6/9/92): "You may compromise demolition costs if there is a reasonable basis to do so which is substantiated in the report on the matter from the Department of Inspections and Community Revitalization." This Department stands by its opinion of June, 1992. REFERRED TO THE COMMITTEE ON FINANCE. No. 49 J. Piccione - Cancel Interest on Taxes - 110 St. James Place Item No. 107, C.C.P., 10/5/93 This item, a request by a real property taxpayer for forgiveness of late penalties, has been referred to the Law Department for comment. There is no provision in the law for forgiveness of late penalties for real property taxes. The burden is on the taxpayer to pay on time. In the absence of legal justification such forgiveness would be considered an unconstitutional gift of public funds. REFERRED TO THE COMMITTEE ON FINANCE. No. 50 Status Court Cases Adult Bookstores Item No. 259, CCP October 5, 1993 Your Honorable Body requested a report outlining the current status of all court cases dealing with the location and operation of adult book and video stores. The following list outlines all actions prosecuted by the City pursuant to the Buffalo Zoning Ordinance - Uses Subject to Special Regulation. -This office is available to discuss any details on particular issues: People vs. Briandi 85 Grant Trial Date - October 20, 1993 Judge Figliola People vs. Briandi 85 Grant Information Dismissed Judge Murphy People vs. Rosario 85 Grant Information Dismissed Judge Sconiers People vs. Hotaling 1700 Grant Information Dismissed Judge Manz REFERRED TO THE COMMITTEE ON LEGISLATION. No. 51 S. Narozzi & O. - Hennepin Park Community Center Item No. 190, CCP September 7, 1993 This item was referred to the Law Department for comment on September 7, 1993. It consists of a statement regarding neighborhood opposition to the proposed expansion of the Hennepin Park Community Center. It is respectfully requested that you provide further details as to the nature of your request, so that we may respond. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 52 Establish Environmental Enforcement Squad Item No. 230, CCP October 5, 1993 This above item has been referred to the Law Department for an opinion. Based upon a review of this item, limited to the facts therein contained, please be advised that this office foresees no legal impediment to the establishment of such an Environmental Enforcement Squad. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 53 Draft Ordinance - Amend. Parking Restrictions 7th St. Item No. 249, CCP October 5, 1993 This item was referred to the Law Department for an opinion. Please be advised that pursuant to Section 1603 of the Vehicle and Traffic Laws of New York State and Section 178 of the Buffalo City Charter, the city engineer has "exclusive jurisdiction ... to prohibit, limit regulate or control traffic in the ... City of Buffalo, and accordingly is authorized and empowered to make, rescind and amend general traffic rules or regulations or ordinances..." Therefore, the Council is without authority to initiate such an ordinance amendment, in spite of its authority to approve or modify an ordinance amendment initiated by the city engineer. See Buffalo City Charter Section 178. REFERRED TO THE COMMITTEE LEGISLATION. No. 54 Salary Ordinance Amendment Public Works Res. #223, C.C.P. September 21, 1993 This is in response to your request for a legal opinion with regard to the above-referenced salary ordinance amendments. The salary ordinance amendment has been requested by the Civil Service Commission in order to make an agreement signed on May 18, 1983 between the City and three of its labor unions, Local 282 IAFF, Local 71 of the Operating Engineers, and AFSCME Local 264, comply with the Civil Service Law. The agreement enabled the City to put the five remaining members of the Fireboat crew back to work under an arrangement whereby they perform icebreaking duties in the Edward H. Cotter approximately four months out of the year, and perform the duties of Senior First Class Stationary Engineer, Plaster or Laborer II, respectively the rest of the year. The Agreement has already been approved by your Honorable Body and all of the applicable unions. The salary ordinance amendment before you merely changes the titles of the positions to encompass the revised job duties as a result of the agreement. It is our opinion that it would be legal for your Honorable Body to enact the salary ordinance amendment, and that it would not in any way create a binding precedent, because it is not unilateral. The salary ordinance amendment merely implements a contractual agreement arrived at through collective bargaining by the City and the three unions involved. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 55 Convention Center Ramp Prepayment Ancillary Agencies In response to the attached correspondence from Mr. Savage, I would like to offer you the following comments. First, with respect to the repayment to BEDC of the outstanding balance on the mortgage note for the Convention Center ramp, it is my opinion that if the Council rejects the BEDC proposal, then BEDC must transfer the net proceeds from such prepayment to the City and that these funds are credited to the General Fund. Second, my understanding of the BEDC, DDI and BNRC corporation structures is that, of the three, only BNRC's members and/or board of directors is comprised in the majority of city public officials who hold office at the pleasure of the Mayor. Whether other arrangements can be negotiated or implemented is a matter on which I cannot comment. While BEDC and BNRC do have employees, various factors enter into the question of whether personnel matters are subject to the prerogatives of a new mayor. This includes the prior question on corporate structure, employee handbooks and state and federal law, including both employment law and federal funding issues. If you require further information please advise. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 56 Enable the Security Division of the Bflo. Public Schools to Issue Parking Tickets Item #258 CCP, Oct. 5, 1993 Subdivision 9 of Section 237 of the Vehicle and Traffic Law provides that the Parking Violation Bureau shall have the function, power and duty to prepare and issue a notice of violations in blank to members of the Police Department, the Fire Department, the Traffic Department and to other officers as the Bureau by regulation shall determine. Inasmuch as subject resolution of the Common Council requests a review "on allowing the Security Division of the Bflo. Public Schools to once again write parking tickets ," it is assumed that the Bureau has by regulation prepared and issued a notice of violation in blank to security officers of the Bflo. Public Schools. Further assuming that said regulation remains in full force and effect, there would be no legal impediment against "allowing the Security Division of the Bflo. Public Schools to once again write parking tickets near Bflo. Public School property,..." REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 57 Establish Safe School Zones Item No. 257, C.C.P., 10/5/93 Section 240.35(5) of the Penal Law provides that a person is guilty of loitering when he/she loiters or remains in or about school grounds not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same. In connection with controlled substance offenses, Section 220.00 (14) extends the definition of "school grounds" to within one thousand feet of the real property boundary line comprising any such school. However, this expanded definition of "school grounds" does not appear in connection with offenses against public order, such as loitering. Nevertheless, it is clearly within the police power of a municipality to establish safe school zones since "the right to use public property is subject to such reasonable regulations as the governing body may make for the general good" (People v. Parker, 208 Misc. 978, 138 NYS 2d 2, 1955). Exercise of the police power for their protection is clearly called for when the peace and safety of school children are threatened. There is an "overriding public interest in the maintenance of order and the protection of pupils caused by the presence of unauthorized persons invading the precincts of schools,, such as dope peddlers, sex offenders, idlers, trouble makers in general, and other persons harboring some illegitimate purpose involving the innocence of immature school children" (People v. Sprowal, 49 Misc.2d 806, 268 NYS 2d 444 (1966), affd w/o op 17 NY 2d 884, 271 NYS 2d 310). REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 58 E.A.F.- R. Turgeon - Request to Use Upper Floor Of Restaurant, 3151 Main St., As A Night Club/Banquet Room Item No. 110, CCP, October 5, 1993 Attached for your information is the Short Environmental Assessment Form for the matter captioned above. LAID ON THE TABLE. No. 59 Bids- Okell Playground Improvements I have asked for and received the following bids for Okell Playground improvements on October 13, 1993: CONTRACTOR BID Gleason's Nursery 61,962 American Paving 68,800 BDR 74,444 Birchgrove Landscaping 75,672 Integrated Waste 75,700 Buffalo Creek Landscaping 85,114 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low bid, therefore Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York 14221 is the lowest responsible bidder in accordance with the plans and specifications in the amount of $61,962. I recommend that Your Honorable Body authorize the city to order the work on the basis as the low bid. Funds are available in Bond Fund 200-717-052. Mr. Fahey moved: That the communication from the Department of Community Development, dated October 13, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Okell Playground Improvements to Gleason's Nursery, the lowest responsible bidder in the amount of $61,962.00, with said cost to be charged against Bond Fund 200-717-052. PASSED. AYES- 13 NOES- 0. No. 60 South Ellicott - Phase II Sale of 221 Seneca Street Michigan-Seneca Group, Inc. Item No. 137, C.C.P. 6/22/93 The Common Council's Economic Development Committee has tabled the above referenced item. The purpose of this communication is to correct the misrepresentations and inaccuracies that have been publicly advanced relative to this proposed sale and hopefully to facilitate the Council's favorable approval. This Department has recommended the sale of 221 Seneca Street, currently owned by the Buffalo Urban Renewal Agency to the Michigan-Seneca Group for 27 parking spaces, to enable the developer to attract quality tenants to properties at the corner of Michigan and Seneca. Such development, and the new jobs and taxes that would result, is a responsibility of this Department and the goal of the S. Ellicott Urban Renewal Plan Phase 2. The developer in question has a proven track record of bringing quality tenants to downtown Buffalo in general , and this area in particular . If there are questions in this regard, I would suggest the Council contact the NYS Department of Environmental Conservation as a reference or any of the numerous tenants in this developers' properties. In order to block this sale, a series of representations have been made, which are inaccurate and self-serving. Those representations need to be examined. Mr. & Mrs. Daniel Mrozek, owners of System Transport & Leasing, Ltd. claim they were interested in purchasing 221 Seneca Street, and that the Department of Community Development was contacted in this regard. At a meeting of the Economic Development Committee, the Mrozek's produced a letter from 1978 to support this claim. We have never been given the courtesy of a copy of this letter which was addressed to the Comptroller's Division of Real Estate, not to BURA. Although we still don't have a copy of the letter, it is nevertheless curious why the Mrozek's would want to purchase 221 Seneca Street in 1978, since they did not acquire 211-213 Seneca and 176-178 Carroll until September 22, 1983. On July 14, 1988 they sent another letter to the Comptroller's Division Real Estate Office, expressing interest not only in 221 Seneca, but also 209 Seneca Street and 174 Carroll Street (copy attached). BURA acquired the latter two properties from the City on June 23, 1989. On June 28, 1989 the Council approved the South Ellicott Urban Renewal Plan Phase 2 contingent upon Mr. Sandoro being designated developer of these properties. On July 11, 1989, 209 Seneca and 174 Carroll, the two properties the Mrozek's wanted to buy, were designated to Mr. James Sandoro. Title to these properties has not been transferred to Mr. Sandoro, because required and agreed upon rehabilitation work to the adjacent Mack Building has never been completed despite numerous time extensions. The only letter this Department originally had on file was from Daniel Mrozek dated March 21, 1992 (copy attached). Mr. Mrozek does not ask that BURA sell 221 Seneca Street to his company, but does request the properties designated to Mr. Sandoro be sold to Systems Transport. In addition, Mr. Mrozek contacted this office in May of this year to determine if BURA was interested in purchasing the Systems Transport property. The above referenced facts clearly indicate the excuse being fabricated to justify not selling 221 Seneca Street to Michigan-Seneca Group, Inc. is contrived, not factual and based on other self-serving considerations. I personally resent insinuations that the proposed sale is for any reason other than good and development opportunities that are in the City's and BURA's best interests. I respectfully ask this Honorable Body consider these facts, and that a fair and objective conclusion be reached, namely, that the sale of 221 Seneca Street to Michigan-Seneca Group, Inc. be approved. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 61 Report of Emergency Bids for the building located at 132 Chenango Due to the very serious and hazardous condition of the property listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and the 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 20, 1993 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 132 Chenango Maplewood Construction Helen Cameron $10,100.00 443 Normal Avenue Buffalo, New York 14213 Please be further advised that the demolition contractor will arrange for the water and sewer terminations and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated September 30, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Maplewood Construction at a cost of $10,100.00, relating to 132 Chenango, 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. 62 Report of Emergency Bids for Various Buildings in the City of Buffalo Due to the very serious and hazardous condition of the property listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and the hazardous condition which exists at these locations i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers were solicited on September 28, 1993 and that the contracts will be awarded to the lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 39 Colt Integrated Waste Special Services City of Buffalo $3025.00 162 Best Sam Delmonte Demolition City of Buffalo $3600.00 65 Welker Integrated Waste Special Services City of Buffalo $4670.00 252 Watson Integrated Waste Special Services City of Buffalo $4777.00 1271 East Ferry and garage Integrated Waste Special Services City of Buffalo $10,920.00 598 Goodyear 600 Goodyear Lebis Enterprises and Garage - City of Buffalo 598 Goodyear - $5,020.00 600 Goodyear - $5,020.00 Grand Total - $10,040.00 Please note that the demolition contractor will arrange for the termination of the sewer and water terminations. 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 Capital Projects Fund #200-241-002-00000. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated October 5, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Integrated Waste Special Services at a cost of $3,025.00, relating to 39 Coit, to Sam Delmonte Demolition at a cost of $3,600.00, relating to 162 Best, to Integrated Waste Special Services at a cost of $4,670.00, relating to 65 Welker, to Integrated Waste Special Services at a cost of $4,777.00, relating to 252 Watson, to Integrated Waste Special Services at a cost of $10,920.00, relating to 1271 East Ferry and garage, to Lebis Enterprises at a cost of $5,020.00, relating to 598 Goodyear and $5,020.00 for 600 Goodyear, are hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-002-0000. PASSED. AYES- 13 NOES- 0. No. 63 Report of Emergency Demolition Bid for 1670-72 Genesee Due to the very serious and hazardous condition of the fire-damaged building located at 1670-72 Genesee, Fire Commissioner Paul Shanks requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised.. therefore, that offers to demolish were solicited on September 22, 1993 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1670-72 Genesee Integrated Waste Special Services William Bradley $14,900.00 1130 Jefferson Buffalo, New York 14211 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 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 30, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Integrated Waste Special Services at a cost of $14,900.00, relating to 1670-72 Genesee, 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. 64 Report of Emergency Bids For Building Located at 1773 Genesee Due to the very serious and hazardous condition of the property listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and the 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 30, 1993 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1773 Genesee and Garage Integrated Waste Special Services Lonnie Lidner $7,500.00 PO Box 533 Buffalo, NY 14211 Please be further advised that the demolition contractor will arrange for the water and sewer terminations and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated September 30, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Integrated Waste Special Services at a cost of $7,500.00, relating to 1773 Genesee and garage, 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. 65 Report of Pre-Demolition Asbestos Removal for the Building Located at 132 Chenango Please be advised that Pre-Demolition Asbestos removal bid offers were solicited by our department on September 17, 1993 and that the contract will be awarded to the following responsible bidder: Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of asbestos. ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 132 Chenango Zeon Corporation Helen Cameron $4,400.00 443 Normal Avenue Buffalo, New York 14213 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 30, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization for the pre-demolition asbestos removal contract to Zeon Corporation at a cost of $4,400.00, relating to 132 Chenango, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 66 Report of Pre-Demolition Asbestos Removal for Various Buildings Please be advised that Pre-Demolition Asbestos removal bid offers were solicited by our department on September 27, 1993 and that the contract will be awarded to the following responsible bidders: Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of asbestos. ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1626 Genesee Zeon Corporation City of Buffalo $1,790.00 57 Oneida Higgins Group City of Buffalo $1,024.00 1069 Genesee Zeon Corporation City of Buffalo $900.00 46 Lyth Higgins Group City of Buffalo $896.00 274 Lemon Front and Rear Zeon Corporation City of Buffalo $5,400.00 27 Davis Higgins Group City of Buffalo $375.00 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 Capital Projects Fund #200-241-002-00000. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated September 30, 1993, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to award a contract for Pre-Demolition Asbestos Removal of various buildings, to Zeon Corporation at a cost of $1,790.00, relating to 1626 Genesee, to Higgins Group at a cost of $1,024.00, relating to 57 Oneida, to Zeon Corporation at a cost of $900.00, relating to 1069 Genesee, to Higgins Group at a cost of $896.00, relating to 46 Lyth, to Zeon Corporation at a cost of $5,400.00, relating to 274 Lemon, front and rear, to Higgins Group at a cost of $375.00, relating to 27 Davis, the lowest responsible bidders, with said cost to be charged to the Capital Projects Fund #200-241-002-00000. PASSED. AYES- 13 NOES- 0. No. 67 Report of Pre-Demolition Asbestos Removal from the Building Located at 1773 Genesee and Garage Please be advised that Pre-Demolition Asbestos removal bid offers were solicited by our department on Sept 29, 1993 and that the contract will be awarded to the following responsible bidder: Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of asbestos. ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1773 Genesee and garage Higgins Group Lonnie Lindner $770.00 PO Box 533 Buffalo, NY 14211 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 30, 1993, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to award a contract for Pre-Demolition Asbestos Removal of 1773 Genesee and garage, to Higgins Group at a cost of $770.00, the lowest responsible bidder, 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 benefitted, under the provision of Chapter 113 of the Ordinances. PASSED. AYES- 13 NOES- 0. No. 68 Report of Change Order - Demolition 1489 Fillmore Avenue aka former G.E. Plant Item #64, CCP, 2/16/93 Please be advised that the demolition contractor, Integrated Waste Special Services, has submitted a change order in the amount of five thousand dollars ($5,000.00) to cover the cost of professional services supplied by Asbestos Removal Services,Inc. which is a wholly-owned subsidiary of Integrated Waste Special Services. Please see attached document. We, therefore, respectfully report to your Honorable Body that the total cost of the project to be charged to the Capital Projects Fund #200-241-002-00000 will be $497,900.00. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 69 Duplicate Health Insurance #200 C.C.P., September 7, 1993 This is in response to the above-referenced resolution, which requests the Comptroller, the Director of Labor Relations and Chairmen of City agencies to cross-reference employees receiving duplicate health insurance coverage. We have held discussions with the Comptroller's Division of Data Processing, and they are working on a computer program for matching. Once a computer run of potential duplicate coverages is received, further steps will be taken. RECEIVED AND FILED. No. 70 Medical Coverage for Persons On Workers' Compensation Item 35, C.C.P., July 27, 1993 This is in response to a communication from the Comptroller to this Honorable Body on July 27, 1993 regarding medical insurance for Robert Kuntz. The Comptroller has mis-stated the law and the past practice in his July 27, 1993 communication. There is no such thing as an automatic distinction between persons on Workers' Compensation more than one year, and those on less than one year. While a person may be terminated after one year under Section 71 of the Civil Service Law, the formal procedures of that section must be followed. Mr. Kuntz has not been so terminated. Mr. Kuntz has an application pending for a disability retirement. We had agreed, at the request of his union, to keep him on leave of absence and keep his medical insurance in effect until his disability retirement application is decided by the Retirement System. RECEIVED AND FILED. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 71 Certificate of Appointment Appointment effective October 7, 1993 in the Department of Human Resources, Division of Youth, Dexter Frank, 80 Hodge Avenue Buffalo 14222, to the position of Coordinator of Lighted Schoolhouse Program, Provisional, at the Intermediate starting salary of $25,281. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF EDUCATION No. 72 Buffalo Vocational Technical Center Item #255, C.C.P., 10/05/93 The Board of Education has been monitoring the situation dot the Buffalo Vocational Technical Center and will continue to do so. The School has set up a committee comprised of students to review problems which may arise at the school. The School District will be represented at the October 21, 1993 meeting held by the Council's Education Committee. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 73 Establishment of Safe School Zones Item #257, C.C.P.,10/05/93 The item has been referred to the Board of Education Task Force on Conflict Resolution Committee. Council will be kept abreast as to any future developments. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 74 School Security Issuing Parking Tickets Item #258, C.C.P., 10/05/93 The aforementioned item has been referred to the Board of Education's Task Force on Conflict Resolution Committee. Council will be informed on any future developments in the Committee. The Board of Education requests being informed on the question of legality as soon as it is determined. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE CITY CLERK No. 75 Notice of Hearings Rename War Memorial Stadium as Buffalo Soldiers War Memorial Stadium (Item No. 114, C.C.P., October 5, 1993) Rename North Service Drive of the Kensington Expressway as B.F.N.C. Drive (Item No. 253, C.C.P., October 5, 1993) I hereby inform you that a public hearing has been scheduled to be held before the Common Council at its Regular Meeting on Tuesday, October 19, 1993, at 2:00 P.M. in the Council Chamber. The notices of hearing were published in the Buffalo News on Friday, October 8, 1993, and on Friday, October 15, 1993, and copies of said publications are attached hereto. RECEIVED AND FILED. No. 76 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: Public Works- Nancy Smardz, Samuel Grossman, Patrick Farrell Corporation Counsel- Wendy Willoughby-Morcio, Colleen Strachan RECEIVED AND FILED. No. 77 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board Emergency Medical Services Board Municipal Housing Authority RECEIVED AND FILED. No. 78 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective October 4, 1993 in the Department of City Clerk, Haleema Halim, 92 Ericson Ave, Buffalo, NY 14215 to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00 per hour. No. 79 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 October 14, 1993 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, to the position of Senior First Class Stationary Engineer, Temporary, at the Flat starting salary of $7.33 per hour. John V. LoTempio, 57 Wilbury Place, Buffalo, 14216 Michael J. Schieber, 168 Dundee St., Buffalo, 14220 MAYOR-EXECUTIVE DEPARTMENT Appointment effective October 7, 1993 in the Department of Mayor/Executive, Division of Mayor's Office for Senior Citizens William A. Cieszynski, 104 Ashley St., Buffalo, NY 14212 to the position of Laborer I, Permanent, at the Minimum starting salary of $8.59 per hr. DEPARTMENT OF ASSESSMENT Appointment effective October 12, 1993 in the Department of Assessment, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/hour Anne M. Bauth, 363 Normal Ave., Buffalo NY 14213 Eric D. Herndon, 41 Lang Ave., Buffalo NY 14215 DEPARTMENT OF PUBLIC WORKS Appointment effective October 4, 1993 in the Department of Public Works, Division of Buildings Robert Coniglio, 23 Kimmel Avenue, Buffalo 14220 to the position of Laborer I, Temporary, at the Minimum starting salary of $8.59 per hour. Appointment effective October 12 19 93 in the Department of Public Works, Division of Water, Scott O'Connell, 340 Cumberland Buffalo, 14220, to the position of Water Meter Mechanic Provisional, at the Minimum starting salary of $21,206. DEPARTMENT OF PARKS Appointment effective October 14, 1993 Department of Parks Division of Recreation, to the position of Fee Collector, Seasonal at the Flat starting salary of $4.94 hr. Bryan Beale, 33 Coolidge, Buffalo 14220 Jacob Brozynam, 324 Benzinger, Buffalo 14206 John Fracos, 21 Peoria, Buffalo 14207 Frank Langdon, 311 Downing, Buffalo 14220 Linda Pernick, 18 Wyandette Ave., Buffalo 14207 Christopher Sterlace, 60 Folger St., Buffalo 14220 James Wojcik, 152 East St., Buffalo 14207 Brian Higgins, 51 South Ryan St., Buffalo 14210 William Stevenson, 123 Laird St., Buffalo 14207 Appointment effective October 7, 1993 in the Department of Parks, Division of Recreation, to the position of Refrigeration Plant Engineer, Seasonal, at the Flat starting salary of $6.91 hr. Walter Burshtynski, 126 Bird Ave., Buffalo 14213 Michael Barren, 29 Wheelock, Buffalo 14206 Daniel Griffin, 24 Robins St., Buffalo 14220 Timothy Higgins, 110 Ridgewood, Buffalo 14220 John Mann, 222 Mackinaw St., Buffalo 14204 John Marchitte, 430 - 14th St., Buffalo 14213 Howard Melcher, 210 Riverside, Buffalo 14207 Vincent Miranda, 130 Ridgewood Rd., Buffalo 14220 Greg Morcio, 296 Willett St., Buffalo 14206 Edward Standish, 117 Imson St., Buffalo 14210 Joseph Trillizio, 3 Condon St., Buffalo 14207 Michael Cunningham, 49 Stratmore Ave., Buffalo 14220 Appointment effective October 4, 1993 in the Department of Parks, to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. Gary Augustiniak, 302 Kensington Ave., Buffalo, 14215 John Fischer, 127 Densmore, Buffalo 14220 John Glynn, 215 Sanders Rd., Buffalo 14216 Robert Griffin, 77 Kimberly, Buffalo 14220 Brian Hayes, 796 McKinley Pkwy., Buffalo 14220 David Norris, 52 Euclid Place, Buffalo 14210 David Nowak, 91 Okell St., Buffalo 14220 Appointment effective October 4, 1993 in the Department of Parks, Division of Recreation, Larry Middlebrooks, 141 Leroy Ave. Buffalo 14214, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective October 4, 1993 in the Department of Parks to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. Tammy Parsons, 85 Vandalia St., Buffalo 14204 Darin Schwertfeger, 201 Longnecker, Buffalo 14206 DEPARTMENT OF POLICE Appointment effective October 4, 1993 in the Department of Police, Karen M Ryan, 673 Fulton Street, Buffalo 14210 to the Position of Civilian School Crossing Guard TSAR, Seasonal at the Minimum starting salary of $ 5.49 hr. 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 Fagen, 400 West Avenue E-6, West Seneca 14224 to the position of Police Lieutenant, Permanent, at the Flat starting salary of $ 45,107. 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 $45,107. 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, at the Flat starting salary of $51,680. 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, Permanent Contingent at the Flat starting salary of $ 51,680. DEPARTMENT OF FIRE Appointment effective 10/8/93 in the Department of Fire Richard Sikora, 23 Laux Street, Buffalo, New York 14206 to the position of Laborer I, Temporary, at the Minimum starting salary of $8.59 hour. DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective October 12, 1993 in the Department of Administration and Finance, Division of Parking Enforcement James J. Denault Sr., 196 Thompson Street, Buffalo 14207 to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hour. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 80 BUFFALO ENTERPRISE DEVELOPMENT CORP. Amend CDBG - Housing Rehab Float Loan (Convention Center Ramp) The prepayment of the principal on the Convent ion Center Ramp project is governed by the Transfer Agreement between the City and BEDC. The Mayor has proposed use of these funds to secure the $3.0 million float loan for housing rehab. You can be assured that if the Council rejects use of these funds for a major new initiative to renovate homes in the City, the BEDC will immediately transfer the $1.5 million in funds for use in balancing the current or future operating budget of the City. With regard to questions governing BNRC, BEDC, and DDI Board of Directors, and their relationship to the new Mayor in 1994, an answer is somewhat more complex. The new Mayor automatically becomes a member of the Board of all three corporations and effectively has the power to appoint new members to BNRC. The Mayor does not appoint the Boards of DDI or BEDC, but retains major influence over policy and personnel through a complex set of other means. If you do not wish to foreclose the possibility that the new Mayor may want to fine tune the current housing proposal before your committee, I would strongly recommend it remain tabled. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 81 BUFFALO ENTERPRISE DEVELOPMENT CORP. Neighborhood Commercial Land Bank Marketing Plan In response to the request of the Economic Development Committee (dated October 1, 1993), I am enclosing a copy of the Marketing Plan for the BEDC's Neighborhood Commercial Land Bank Program, previously submitted to your Committee. Since the inception of the Marketing Plan, the BEDC has: - identified key groups of lots of sufficient size for development; - developed informational flyers and materials (see Attached) to market the program and these key sites; - posted "For Sale" signs on the seven key sites; - advertised the program in "Business First" and "The Challenger", the ads featured the key sites; - developed a list of local retail chains and began contacting these businesses to solicit interest in the Land Bank properties. The following properties have been sold or approved for sale to date: 1. 290-306 Broadway (Rapid Ray's Printing) 2. 356-58 Broadway (Convenience Store) 3. 477-483 Broadway (Van Garage) 3. 744-752 Sycamore Street (used car lot) I trust this responds to your inquiry. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 82 WILLIAM COOPER Request Space For Arts Education Program This letter is to thank you for your efforts to secure space for me at the East Utica Street P.A.L. facility. Let me tell you a little about what I want to do. I think you will then understand and agree that the P.A.L. Center would not be able to accommodate my plans. The need for a visual arts education program for young African American children is more critical than most people realize. As a visual artist who has spent all of my adult life in the art world, I am acutely aware of the need for children to study and practice art at a young age. I have witnessed the discipline, the self-esteem, the confidence the arts instill in individuals. This has been reinforced through my over fifteen years as an art teacher in the Buffalo Public Schools as well as at private institutions. I stand ready to offer a comprehensive visual arts training program to African American children who are underexposed to the arts. Knowledge of the visual arts should be an integral part of any well-rounded educational experience. To achieve this, I need space that - offers me autonomy and flexibility in terms of opening and closing hours, access on weekends, etc. I need a building to house such a training program. Financially, I cannot afford to buy a building, but I can, with community input and resources, rehabilitate a suitable structure. I have identified 1256 Jefferson Avenue as a space which would be adequate for my purposes. It is a solid brick building in good condition. Such a program, as I am proposing, would be a community resource and in the long run, another productive community institution. I need you to convince the City to donate 1256 Jefferson Avenue as a community visual arts center. All I need is for the building to be turned over to me and I will do the rest. I need this building and appreciate your help in getting it. Again, thank you. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 83 LOCAL 282 Arbitration Award Under this cover please find the Interest Arbitration Award between the City of Buffalo and Local 282. I am respectfully requesting your approval of this Award. Thank you for your consideration. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 84 NATIONAL INNER CITIES YOUTH OPPORTUNITIES INC. My name is David A. Flood Sr. and I am the Program Director for NICYO. As per conversation, I am working very hard to put a youth program in the Casino Building in MLK Park. I have forward a letter to the Div. for Youth, for their help in our cause. I am planning on have the center open and operating by October 1,1993. With your help and the help from the Division for Youth, I will be able to operate the center from 3:00 pm to 10:30 pm Monday thru Friday. The equipment I requested is so badly needed at this time, to open our center to the public. By opening the center would definitely help keep our youth away from gangs, drugs and off our streets at night. As you know, funding is a big problem for me at this time. What I need to know is there any way you or your office can help us obtain a permit for three (3) video games. It would be a great way to earn added income to the program. The company would retain 50% of what is made off each game and the program would keep the other 50%. The minimum is three game and the cost is $150.00 for the permit. Once we have the permit, we can start earning extra money for future field trips and or what ever is needed for the program. Any help you can give me would be greatly appreciated for I am in need of a lot of help. Thank you for your time in this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 85 SYLVIA NEBRICH Request Installation of Water Meter For 30 years I have lived at this address and suffered the injustice of the City of Buffalo, Division of Water as a Cheektowaga border resident, being assessed double the rates paid by homeowners on the east side, Buffalo side, of East End Ave. In the beginning it was tolerable but as rates increased l tried to install a meter and on two occasions was rudely refused. Again it was a bad situation tolerated. But, this latest bill is outrageous--$96.00 per quarter. Other residents of Cheektowaga (and other suburbs on Erie County Water Authority meters) are rendered bills of approximately $30.00 per quarter, on average, some even less, depending on usage. To me this is a case of high class discrimination and I feel it is time that consideration by our elected officials both City of Buffalo and Town of Cheektowaga should be given to this situation so that not only me but the other 150 border residents can be relieved of this excessive burden. Some years back during the reign of Stanley Makowski, a neighbor was an acquaintance of the Mayor. We, the interested neighbors, investigated - these double rates and a solution. The double rates were explained as "it has always been done" and unless all the owners on the block cooperated we could not be tied into Erie County Water Authority. At this point water will cost $350.00+ for a year for a single resident, no car washing, no sprinkling, limited laundry and bathing. If water was not such a precious commodity, I would feel justified to let it run into the street . The system has not been updated, the pipes are old, lead laden and the water is foul tasting. Attached is a reply to my latest inquiry: "'Where is the law or ordinance which allows the City to assess these rates." Again my request for a meter and information on the procedure was ignored. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 86 NYS DEPT. OF TRANSPORTATION Resurfacing of "S" Curves This letter is in response to City Council Resolution Number 217, in which the Buffalo City Council requests that the State Department of Transportation resurface the "S-curves" portion of Delaware Avenue. This portion of Delaware Avenue is not a State Highway, as stated in Common Council Resolution 217. It is a city street. As such, the City of Buffalo remains responsible for any resurfacing deemed necessary by city officials. Under these circumstances, I regret that the Department of Transportation cannot honor the request made by the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 87 WILLIAM T. STACHOWSKI Conditions on Hennepin Expansion Grant As you are probably aware, much has been discussed these last several months about the proposed renovation and expansion of the Hennepin Park Community Center. A grant, in the amount of $2.7 million has been earmarked for use by ABLE- aid the City of Buffalo, by the NYS Division for youth. On Election Day, November 2, all registered voters in selected, neighboring districts will be entitled to cast a vote deciding the fate of this grant money. A non-binding referendum will afford you the opportunity to decide if you want this project for the Lovejoy area. Personally, I feel the decision-makers from ABLEY and the City of Buffalo should abide by the results of this referendum. While I will not go into the pro's and con's of the project, I felt it was important to point out several items which may need clarification. First, if the City of Buffalo decides not to pursue this grant, the entire amount will revert to the NYS Division for Youth and will be awarded to another project(s). It cannot be used in a discretionary manner by the City of Buffalo, ABLEY, the residents of Lovejoy, or myself. Secondly, the grant cannot be altered in a way which would see the Hennepin Park Community Center renovated while ABLEY is housed in another facility. An integral part of the grant application was ABLEY's administration of the programs to be housed at Hennepin. The wording in the grant application clearly states that the "capital project will result in a number of preventive services being offered at a "single site". Quite honestly, I'm sorry to see that such controversy has surfaced as a result of this project. However, I'm confident that you and your neighbors will make a decision on this grant which will allow the Lovejoy community to return to a more peaceful, unified neighborhood. Regardless of your position on this issue, be sure to exercise your right to vote on Election Day, November 2. My kindest regards. REFERRED TOP THE COMMITTEE ON LEGISLATION. No. 88 WNY PUBLIC BROADCASTING ASSN. Change Name Of Building- Horizons Plaza As you heard from Paul Hartman, we are requesting that Common Council change the address of our new building from "138-140 Lower Terrace" to "Horizons Plaza." Would you sponsor a Resolution to that effect for your October 19th meeting? I have spoken with Tom Blanchard of the Horizons Waterfront Commission and he not only acquiesced, but was enthusiastic about our decision. We think it is the perfect address for Buffalo's "new home for lifelong learning." We ask for approval as soon as possible since we only became aware today that formal Common Council action was required. I apologize for the short notice; we had been told that simply notifying the post office was sufficient. The Post Office does say that this address is fine with them. Paul says you think Council approval is likely, so we will proceed with the printing of stationery using that address (along with our Post Office Box). If something were to go awry, we'll just not use it. We look forward to being in your district. I'll be in touch soon with an invitation to our dedication ceremonies. Thanks for your help. LAID ON THE TABLE. PETITIONS No. 89 Le Hoang & Nhu Thi, owner, petition to use 2018 Bailey Ave. as a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 90 Presbyterian Homes, owner, petition to use 1175 Delaware Ave. for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 91 Waste Management of N.Y., Inc., petition to use 191 Ganson for an office bldg. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 92 IUOE/Medical Coverage/Worker's Compensation (Item # 81 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 93 Medical Coverage/Worker's Compensation (Compt) (#35 9/7) (Item # 172 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 94 Appointment Public Works/Maintenance Assistant-Water That Communication No 21 CCP Jun 8, 1993 be received and filed and the Temporary appointment of Barry Joseph Horan stated above at the Intermediate salary $22,950.00 effective on Jun 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 95 Appointment Audit & Control/Paralegal Assistant That Communication No 19 CCP Jul 20, 1993 be received and filed and the Permanent appointment of Kathleen A. Palka stated above at the Intermediate salary $28,703.00 effective on Jul l, 1993 is hereby approved - PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 96 Appointment Public Works/Meter Reader That Communication No 48 CCP Jul 6, 1993 be received and filed and the Temporary appointment of Peter L. Wachowski stated above at the Intermediate salary $21,543.00 effective on Jun 21, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 97 Appointment Public Works/Dispatcher That Communication No 75 CCP Sep 7, 1993 be received and filed and the Permanent appointment of Donald J. Titus, Jr. stated above at the Intermediate salary $24,429.00 effective on Aug 30, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 98 Appointment Public Works/Chief Pumping Plant Engineer That Communication No 77 CCP Sep 7, 1993 be received and filed and the Permanent appointment of Robert P. Finley stated above at the Maximum salary $33,376.00 effective on Jul 22, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 99 Appointment Public Works/Water Treatment Supervisor That Communication No 78 CCP Sep 7, 1993 be received and filed and the Permanent appointment of Samuel C. Campagna stated above at the Maximum salary $40,853.00 effective on Jul 19, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 100 Appointment Inspections & Community Revitalization/Marketing Manager That Communication No 127 CCP Sep 7, 1993 be received and filed and the Permanent appointment of Vera J. Villani stated above at the Intermediate salary $36,288.00 effective on Aug 23, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 101 ICR/Information Appoint Marketing Manager (ICR) (Item # 63 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 Appointment Insurance Contract Analyst (Max) (Item # 134 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Information/Appoint Insurance Contract Analyst (A&F) (Item # 80 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Appointment Assessment/Senior Tax Clerk That Communication No 28 CCP Sep 21, 1993 be received and filed and the Temporary appointment of David J. Adamski stated above at the intermediate salary $23,699.00 effective on Sep 10, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 105 Appointment Assessment/Senior Tax Clerk That Communication No 29 CCP Sep 21, 1993 be received and filed and the Permanent appointment of Cynthia L. Walczak stated above at the Maximum salary $24,361.00 effective on Sep 10, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 106 Appointment Assessment/Senior Tax Clerk That Communication No 30 CCP Sep 21, 1993 be received and filed and the Permanent appointment of Cheryl A. Yeates stated above at the Maximum salary $24,361.00 effective on Sep 10, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 107 Appointment Public Works/Laborer I That Communication No 49 CCP Oct 5, 1993 be received and filed and the permanent appointment of C. Carol Kane stated above at the Intermediate salary $9.46 PH effective on Sep 27, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 108 Appointment Public Works/Senior Clerk That Communication No 51 CCP Oct 5, 1993 be received and filed and the temporary appointment of Nancy Smardz stated above at the Intermediate salary $22,175.00 effective on Sep 27, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 109 Appointment Public Works/Water Service Inspector That Communication No 53 CCP Oct 5, 1993 be received and filed and the Permanent appointment of Brian Lackie stated above at the Maximum salary $23,728.00 effective on Sep 27, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 110 Appointment Street Sanitation/Truckdriver (Temp) That Communication No 70 CCP Oct 5, 1993 be received and filed and the Temporary appointment of Samuel W. Grossman stated above at the Maximum salary $23,728.00 effective on Oct 4, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 111 Appointment Inspections & Community Revitalization//Building Inspector That Communication No 78 CCP Oct 5, 1993 be received and filed and the Permanent appointment of Tracy A. Krug stated above at the Maximum salary $32,057.00 effective on Oct 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 112 Appointment Human Resources/Counselor III That Communication No 84 CCP Oct 5, 1993 be received and filed and the Provisional appointment of Nathanial J. Harbin II stated above at the Intermediate salary $22,955.00 effective on Jul 5, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 113 Notices Of Appointments (C.Clerk) (Item # 97 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 114 Amendment to Consolidated Lease Agreement Buffalo Civic Auto Ramps, Inc. Item No. 136, C.C.P., Sept. 21, 1993 Item No. 8, C.C.P., July 6, 1993 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fahey now moved to recommit to the Committee on Finance. Seconded by Mr. Bakos. ADOPTED. No. 115 Settle Claim - A. Gibaldi v. City of Buffalo, et al (Item No. 61, C.C.P., Oct. 5, 1993) That the Corporation Counsel be, and he hereby is, authorized to settle personal injuries claim with Angelo Gibaldi and Rosaria Gibaldi in the amount of $35,000.00. That a check 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 plaintiffs and their attorneys, Lipsitz, Green Fahringer, Roll, Salisbury & Cambria, 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 Back Pay For J. Migas (GS) Item # 87 CCP Oct 5, 1993 That the above mentioned Item be and the same is hereby referred to the Civil Service Committee. ADOPTED. No. 117 Information/Sale Of 246 Walden (Compt) Item # 20 CCP Oct 5, 1993 That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Transfer of Title - Urban Homestead Program 287 Moselle Street Item No. 115, C.C.P., Sept. 7, 1993 That the City-owned property commonly known as 287 Moselle Street is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Charles H. Moss for the amount of $1.00 (One and No More Dollars), and all costs of transfer, on the condition the property is cleared and improved within 6 (six) months and the property is maintained in a sanitary manner for at least 36 (thirty-six) months. PASSED. AYES- 13 NOES- 0. No. 119 Rescind Sale of 84 Days Park Item No. 93, C.C.P., Sept. 7, 1993 That the action of the Common Council under Item No. 112, C.C.P., 6/13/89 authorizing the sale of 84 Days Park, a/k/a 20 Wadsworth, be and the same hereby is rescinded, the deposit be refunded and the premises returned to inventory for future sale or transfer. Mr. Collins now moved that the above item be Received and Filed. Seconded by Mr. Coppola. ADOPTED. No. 120 Permission to Purchase World Games Barricades Item No. 35, C.C.P., Oct. 5, 1993 That the Commissioner of Public Works be, and he hereby is, authorized to purchase 150 barricades from Flasher Handling Corporation that were used during the World University Games at a total cost of $4,800.00. Funds for this purchase will be available in account #100-401-085-00-930. PASSED. AYES- 13 NOES- 0. No. 121 W. Wilson/Correct Water Billing 134 French Item # 177 CCP Sep 7, 1993 That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Correct Water Bill/134 French (PW) Item # 44 CCP Oct 5, 1993 That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Cancellation of Trash Collection Charges Item No. 82, C.C.P., Sept. 21, 1993 That the Common Council approves the cancellation of trash collection charges in the amount of $163.78 for 98 Montclair Street. That the Common Council requests the Commissioner of Assessment to remove the charge from the assessment roll and the Commissioner of Street Sanitation to correct his records to indicate the cancellation of this charge. PASSED. AYES- 13 NOES- 0. No. 124 Cancel Excess Trash Costs/98 Montclair Item # 68 CCP Oct 5, 1993 That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Bandag - Compromise Taxes/demolition Costs 216 Walden Avenue Item No. 205, C.C.P., Oct. 5, 1993 That the offer of Bandag Tire Retreaders of Buffalo, Inc. of 202 Walden Avenue in the amount of $3,000.00 (Three Thousand Dollars) to purchase 216 Walden Avenue as described in the above communication be, and hereby is accepted; and That this $3,000.00 includes a compromise and settlement of current City of Buffalo liens on the property including $5,000.00 in demolition costs and $1,610.35 in taxes and water bills; and That the appraisal, if any, transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 126 Compromise Tax/Demolition Costs/216 Walden (EMC) Item # 14 CCP Oct 5, 1993 That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Responsibility For Sewer Line In York St. (BSA) Item # 90 CCP Oct 5, 1993 That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 128 B. Rollins - Change Name of War Memorial Stadium Item No. 114, C.C.P., Oct 5, 1993 That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News. On a Motion by Mr. Fahey, Seconded by Mr. Coppola the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: none Mr. Fahey moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. Mr. Fahey now moved to recommit the above item to the Committee on Legislation. Seconded by Mr. Coppola. ADOPTED. No. 129 Hearing Rename Kensington Expressway Service Road as the "B.F.N.C. Drive" Item No. 253, C.C.P., October 5, 1993 That the above item be, and the same hereby is returned to the Common Council without recommendation. Appearances - none Mr. Fahey moved that the hearing be closed. CARRIED. Mr. Fahey moved that this Common Council, after holding the required public hearing, hereby names the North Service Road of the Kensington Expressway from Jefferson to Michigan, as the B.F.N.C. Drive, and the City Clerk be and hereby is directed to notify the Erie County Division of Planning, Erie County Commissioner of Finance, Buffalo City Planning Board, Department of Assessment, Division of Planning, Division of Engineering and the Main Branch of the U.S.P.S. in Buffalo, by certified copy as required by Section 286-5 of the Code of the City of Buffalo. Seconded by Mr. Pitts. PASSED. AYES- 13 NOES- 0. No. 130 IWS/Use 211 Ganson/Office Building Item # 109 CCP Oct 5, 1993 That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 The Steer Restaurant - Petition to Use 3155 Main Street Item No. 110, C.C.P., Oct. 5, 1993 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved that the above item be Laid on the Table. Seconded by Mr. Amos. ADOPTED. No. 132 Stephen J. Frisicaro Petition to Use 1096-1098 Elmwood (Item No. 111, C.C.P., Oct. 5, 1993) That after a public hearing before the Committee on Legislation on October 12, 1993, the petition of Stephen J. Frisicaro, owner, for permission to use 1096-1098 Elmwood Avenue as a sit-in restaurant be, and hereby is approved with the following conditions: 1. The owner is to keep the sidewalk free of debris, litter, snow and ice. 2. No use permit will be issued until housing and property code violations are corrected. This will include interior and exterior inspections and will include any residential units at this address. 3. No alcoholic beverages without the approval of the Common Council. 4. Any expansion beyond the current design will need the approval of the Common Council. 5. The hours of operation will be 11:00 a.m. until midnight on weekdays and 11:00 a.m. until 1:00 a.m. on weekends. Any change will need the approval of the Common Council. 6. The owner will arrange for garbage pick-up seven (7) days per week. The refuse will be stored in cans on the side of the building. PASSED. AYES- 13 NOES- 0. No. 133 69 Delaware Avenue - Petition to Use 3 Niagara Square (Item No. 103, C.C.P., July 20, 1993) That after a public hearing before the Committee on Legislation on October 12, 1993, the petition of 69 Delaware Avenue, owner, for permission to use 3 Niagara Square for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 134 Chemical Bank/Use 3 Niagara (CPBD) (Item # 11 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Encroach Sign - 1175 Delaware Avenue (Item No. 45, C.C.P., Oct. 5, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license", to Mr. David Sanders, owner of St. Lukes Presbyterian Nursing Center, located at 1175 Delaware Avenue, to install a sign 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 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 ($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 sign. PASSED. AYES- 13 NOES- 0. No. 136 Local Law Intro. No. 6 (1993) Commissioner of Inspections and Community Revitalization Duties and Powers (Item No. 231, C.C.P., Sept. 7, 1993) That the Local Law as contained in Item No. 231, C.C.P., September 7, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 137 Request Local Law/Re-establish Qualifications/Commissioner/Public Works (Item# 237 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Draft Local Law - Disposal of New Construction Waste Materials (Item No. 229, C.C.P., Oct. 5, 1993) 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. ADOPTED. No. 139 Notification Serial #8309 (Item No. 29, C.C.P., Oct. 5, 1993) Pursuant to 478 of Article 10 of charter, the following changes to the traffic ordinances (Chapter 479 of City Code) are hereby denied and disapproved: Permissive Parking Location Period of Permissive Parking Forest Avenue, north side Effective Daily Except Saturday beginning Dewitt Street & Sunday and West Avenue (excluding Effective Daily Except Saturday the NSHC areas) & Sunday 6 a.m.-6 p.m. ADOPTED. No. 140 Notification Serial #8310 (Item No. 30, C.C.P., Oct. 5, 1993) Pursuant to 478 of Article 10 of charter, the following changes to the traffic ordinances (Chapter 479 of City Code) are hereby denied and disapproved: Permissive Parking Location Period of Permissive Parking Washington Street east side Effective Daily Except Sunday from Carlton Street to 2 Hour Parking 7 a.m.-7 p.m. Burton Street Washington Street west side Effective Daily Except Sunday from Carlton Street to 2 Hour Parking 7 a.m. -7 p.m. Burton Street ADOPTED. No. 141 Ordinance Amendment Chapter 75 - Amusements (Item No. 211, C.C.P., July 20, 1993) That the Ordinance Amendment as contained in Item No. 211, C.C.P., July 20, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 142 Ordinance Amendment Ch 11/Arrears Collection (NSATF) (Item # 213 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Ordinance Amendment Ch. 175 (141)/Fees (NSATF) (Item # 214 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Ordinance Amendment Ch. 175 (264)/Dwelling License (Item # 175 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Ordinance Amendment Chapter 264 - Licensing of Rental Housing Business (Item No. 174, C.C.P., July 6, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved than the above item be received and filed. Seconded by Mr. Collins. ADOPTED. No. 146 Ordinance Amendment Chapter 264 - Licensing of Rental Housing Business (Item No. 187, C.C.P., Sept. 21, 1993) (Item No. 226, C.C.P., Sept. 7, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved: That the Ordinance Amendment as contained in Item No. 226, C.C.P., September 7, 1993, be and the same hereby is approved. PASSED. AYES- AMOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 7. NOES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, PITTS- 6. No. 147 G. Garten/Oppose Landlord License Legislation (Item # 187 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Landlord Licensing (CC) (Item # 98 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Ordinance Amendment/Ch. 343/Welfare Of Minors (Item # 212 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Ordinance Amendment Ch. 479/Cruising (Item # 148 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS, ZUCHLEWSKI- 7. NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 6. No. 151 Creation Of An Ordinance Amendment Delinquent Fee for Housing Code Violations (Item No. 181, C.C.P., July 6, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Perla moved: That the Common Council request the Corporation Counsel to draft an ordinance amendment establishing a fee of $75.00 (Seventy-Five Dollars) to be charged to the property owner, for the third and each subsequent call back with regard to the initial inspection; and That in addition to this fee, the Corporation Counsel create a $25.00 (Twenty-Five Dollars) extension fee which would allow a property owner to extend the period of time to correct the initial violations. This fee would be required to be paid at least two weeks before the first re-inspection is conducted. That an account be established in cooperation with a local bank, from the revenue obtained through the collection of these fees, which would be used for low interest loans for the rehabilitation and correction of code violations. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR, COPPOLA- 2. No. 152 Request Ordinance Amendment Change In Parking Restrictions (Item No. 249, C.C.P., Oct. 5, 1993) That this Common Council requests the Corporation Counsel to draft an ordinance amendment that would implement the above requested changes in the parking restriction on Seventh Street from Connecticut Street to Busti Avenue. ADOPTED. No. 153 Hearing/Proposed Curfew Ordinance (Item # 191 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 Zoo/Request Signal At Zoo Entrance (Item # 108 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Rescind Fee for Block Club Parties (Item No. 216, C.C.P., Sept. 7, 1993) That this Common Council supports the block club concept and requests that the Department of Public Works Traffic Engineering Division supply this body with a report on the total number of block party permits issued to date comparing last year's figures for the same period this year in anticipation of rescinding the fee to close streets for block party purposes. LOST. AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, PERLA, PITTS- 6. NOES- AMOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 7. No. 156 Rescind Block Club Party Fees (PW) (Item # 46 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 Rescind Block Club Party Fees (A&F) (Item # 82 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 Clergy Parking Pearl Street at Cathedral (Item No. 23, C.C.P., June 22, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the communication dated June 15, 1993 of the Department of Public Works be amended to request the Department of Public Works to implement the requested special parking zone. ADOPTED. AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, HIGGINS, PERLA, PITTS- 8. NOES- AMOS, BELL, FRANCZYK, LOTEMPIO, ZUCHLEWSKI- 5. No. 159 Clergy Parking Pearl St. (A&F) (Item # 63 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Clergy Parking Pearl (CC) (Item # 96 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 161 Ashland As Play A Street/Slow St. (#166 3/16) (Item # 132 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 R. Shepherd - Make Lockwood a One-way Street (Item No. 90, C.C.P., Sept. 21, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 163 Paint Traffic Regulations on Streets (Item No. 215, C.C.P., Sept. 7, 1993) That this Common Council requests that the Department of Public Works Division of Engineering begin using pavement markings to reinforce designated traffic regulations such as stop signs and school zones to promote public safety. ADOPTED. No. 164 Chemical Contamination/Burning Hazardous Wastes/Naes (Item # 200 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 NYSDEC/Status/Burning Hazardous Wastes (Item # 106 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 Concerns On Status Of G.E. Plant (EMC) (Item # 18 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Scajaquada Pathway Phase II SEQR Lead Agency Designation (Item No. 63, C.C.P., Oct. 5, 1993) That this Common Council accepts and approves of the designation of the Department of Community Development as Lead Agency for the Scajaquada Pathway Phase II. ADOPTED. No. 168 Report Of Audit/Board Of Parking (Compt) (Item # 30 CCP Jul 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 Appointment of Member of Buffalo Sewer Authority (Item No. 6, C.C.P., Oct. 5, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pitts moved: That the appointment of a member of the Buffalo Sewer Authority of Daniel R. Acker, 26 Monticello Place, Buffalo, 14214, for a term expiring June 30, 1996, be and hereby is confirmed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 170 LDA - Kingsley New Housing (Item No. 71 C.C.P., Oct 5, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Collins the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci, Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Fahey moved that: WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated James Management Co., Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and WHEREAS, BURA and the Redeveloper have requested to amend 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; NOW, THEREFORE, BE IT RESOLVED: (1) That The LDA be amended 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. (2) All terms and provisions not included in this Amendment shall remain in full effect. (3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and the Mayor of City of Buffalo are hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 171 LDA - Masten New Housing (Item No. 72 C.C.P., Oct 5, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mrs. LoTempio the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci - Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Bell now moved to recommit to the Committee on Economic Development. ADOPTED. No. 172 LDA - Stanislaus New Housing (Item No. 73 C.C.P., Oct 5, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Franczyk the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci- Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that: WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated SMT, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and NOW, THEREFORE, BE IT RESOLVED: (1) That SMT, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Stanislaus New Housing Project in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the property from the City to BURA. PASSED. AYES- 13 NOES- 0. No. 173 BEDC/Sale Of 357 Broadway (Item # 101 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 174 High St. Professional Building/Parking For BGH (Item # 90 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 175 Establish Enterprise Zone Program (Item # 167 CCP May 26, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 176 Establish Enterprise Zones (CD) (Item # 59 CCP Jun 9, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 177 BEDC/Enterprise Zone Concept Paper (Item # 95 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 178 BEDC/Added Information/ Enterprise Zones (Item # 88 CCP Mar 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 179 Buffalo Forge Task Force (Mayor) (Item # 1 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 180 Buffalo Forge Decision To Close Facility (Item # 86 CCP Jul 20, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. STADIUM/AUD TASK FORCE HON JAMES W. PITTS CHAIRMAN No. 181 Amend Capital Budget/Crossroad Arena (CD) (Item # 104 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 182 Development Of New Hockey Arena (Mayor) (Item # 6 CCP Jun 9, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 183 Feasibility Study For Memorial Auditorium (Item # 151 CCP Oct 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 184 By: Mr. Amos Install Four-Way Stop Signs at Easton and Newburgh Whereas: The intersection of Easton and Newburgh Streets is located in an area of dense population, including many young children; and Whereas: Area residents consider the intersection a safety hazard, and would like four-way stop signs to be installed; and Whereas: New York State Department of Transportation standards call for the installation of multi-way stop control in locations where five accidents have occurred in a twelve-month period; and Whereas: Records indicate that there have been five accidents at the intersection since the first of this year, specifically on January 29, March 11, July 17, September 14 and September 29, 1993; Now, Therefore Be It Resolved: That this Common Council requests the Department of Public Works to install four-way stop signs at the intersection of Easton and Newburgh Streets, and investigate the possibility of erecting inconsistent stop signs along Easton and Newburgh. ADOPTED. No. 185 By: Mr. Amos No Parking Signs - Southeast Corner of Easton and Newburgh Whereas: The intersection of Easton and Newburgh Avenues is a densely populated, congested area that has experienced a number of accidents in recent months; and Whereas: Area residents believe that reducing the vehicular congestion and improving the lines of sight for motorists and pedestrians would help alleviate what is obviously a hazardous situation; Whereas: Forty-four residents of Easton Avenue have signed a petition requesting the installation of "No Parking From Here To Corner" signs on the southeast corner of Easton and Newburgh Avenues; Now, Therefore Be It Resolved: That this Common Council requests the Department of Public Works to install "No Parking From Here to Corner" signs on the southeast corner of Easton and Newburgh Avenues. ADOPTED. No. 186 By: Mr. Arthur Request Report From Civil Service Commission -- Delaware Park Superintendent's Eligibility Requirements Whereas: It was reported in the Buffalo News on Wednesday, October 13, 1993 that the Buffalo civil Service Commission staff recently rewrote the requirements for the position of Delaware Park Superintendent to include at least three years experience as a motor equipment maintenance supervisor I; and Whereas: According to the News article, only one person in the Parks Department possesses the job experience necessary to meet this new qualification requirement namely, former Deputy Parks Commissioner Mark Czajkowski; and Whereas: Local 264 President John Scardino is reported to have written to Civil Service Director Comerford objecting to the job revision; and Whereas: This Common Council has strong objections to any efforts aimed at "matching" job requirements to specific individuals, but especially in this case where the individual in' question, Mr. Mark Czajkowski, pleaded guilty in March 1991 to the misdemeanor crime of public corruption, admitting that he rigged a city bid, routinely serviced the car's of Mayor Griffin's relatives on City time, stole 11TH chlorine, kept a city-owned lawnmower and weed trimmer at his cabin and stole city lumber to build a deck at his home and got free firewood; and Whereas: it is unconscionable that the Civil Service Commission would approve this matching of job qualifications in order to place Mr. Czajkowski in a position where he would be responsible for requisitioning materials, supplies and equipment and keeping inventory of them, given Mr. Czajkowski's plea of guilty to public corruption and his demonstrated disregard for the public he was sworn to serve as Deputy Parks Commissioner. Now Therefore Be It Resolved: That this Common Council requests Civil Service Commission Chairman George Vossler to appear before this body to explain the process by which the job requirements for the position of Delaware Park Superintendent were changed and the rational underlying this change; and Be It Further Resolved: That Mr. Vossler be prepared to reveal to this Common Council all the details of the process and rational by which these job requirements were altered; and Be It Further Resolved: That should Mr. Vossler refuse to cooperate fully with this Council investigation that the Corporation Counsel be instructed to prepare a subpoena under Article Sec. 49 of the Charter of the City of Buffalo instructing Mr. Vossler to appear before this body and to produce any books, papers or other documents relevant to this Council's inquiry into this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE BOARD OF ETHICS. No. 187 By: Mr. Collins Energy Conservation Agreements RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN ENERGY CONSERVATION MASTER AGREEMENT AND A CONDITIONAL EQUIPMENT LEASE/INSTALLATION PURCHASE AGREEMENT FOR ENERGY CONSERVATION EQUIPMENT, AT AN ESTIMATED MAXIMUM COST OF $2,300,000 AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. Whereas, the Common Council of the City of Buffalo, New York ("City") has determined that a true and very real need exists for the implementation of an energy conservation plan, including related equipment (the "Equipment") described in the proposed Equipment Lease/Purchase Agreement (the "Agreement") with Koch and Financial Corporation presented to this meeting; and Whereas, The City selected CES/Way for implementing a energy conservation plan (the "Master Agreement") pursuant to Energy Law 9-103 because of CES/Way's selection by Niagara Mohawk Power Corporation under the Power Partners Program. Whereas, the City proposes to enter into the Agreement with Koch Financial Corporation substantially in the form presented to this meeting at an annual interest rate not to exceed 5.35% for a term not to exceed six (6) years. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK HEREBY RESOLVES AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Master Agreement and the Agreement in the form presented to this meeting are in the best interests of the City for the implementation of an energy conservation plan. Section 2. The Master Agreement and Agreement are hereby approved. The Comptroller of the City is authorized to execute, acknowledge and deliver the Agreement with any changes, insertions and omissions therein as may be approved by the Comptroller, such approval to be conclusively evidenced by such execution and delivery of the Agreement. The City Clerk of the City is authorized to affix the official seal of the City to the Agreement and attest the same. The Commissioner of Public Works is authorized to enter into the Master Agreement. Section 3. The Comptroller, Corporation Counsel, and City Clerk are hereby authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out the resolution and the Master Agreement and the Agreement. Section 4. That the following buildings shall be included in the contract for consideration in the conservation program: 1. Polonia Hall 12. Delavan/Moselle Comm. Ctr. 2. Crucial, 1609 Genesee 13. Lovejoy Pool 3. Northwest Bflo Comm. Ctr. 14. Schiller Senior Center 4. Gloria Parks Center 15. Carmichael Center 5 .Dulski Center 16. Seneca/Babcock Center 6. Cazenovia Casino 17. E. Clinton Senior Center 7 .Ken-Bailey Comm.Ctr. 18. Machnica Center 8. Old First Ward Comm. Ctr. 19. Tosh Collins Center 9. W. Side Comm. Services 20. School 29-2219 So. Park Ave. 10. No. Bflo. Community Ctr. 21. Hennepin Pk. Comm. Ctr. 11. 735 Humboldt Parkway 22. J.F.K. Center PASSED. AYES- 13 NOES- 0. No. 188 By: Mr. Collins Request Report - Leaving Rental Apartment Without Paying Rent Whereas: If a person leaves a hotel without paying for his or her lodging, that person can be arrested by the authorities; and Whereas: On the other hand, if a tenant in a residential dwelling moves out without paying rent, such action cannot be taken; and Whereas: Although legal proceedings can be taken against persons who do not pay rent, they are generally lengthy, costly and ineffective procedures, especially in cases where the former tenant has no real financial assets or is receiving public assistance; Whereas: The threat of arrest would serve as an effective deterrent to tenants moving out of rental units without paying the rent due the owners of the property. Now, Therefore Be It Resolved: That the Corporation Counsel be requested to provide a detailed report to this honorable body explaining the reasons for the apparent inequity described in this resolution, and to draft legislation to remedy the situation. Be It Further Resolved: That this report be filed with the City Clerk by 2:00 PM on Thursday, October 28, 1993. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 189 By: Mr. Coppola Request Information on Hand Held Computers Whereas: Several months ago, the Parking Violations Bureau purchased hand held computers to facilitate plate checks and ticket writing; and Whereas: Hand held computers could be valuable tools to other departments in city government; and Whereas: It would be valuable for this Council to be brought up to date on the current use of hand held computers by Parking Violations officers. Now Therefore Be It Resolved That This Common Council requests responses from the Commissioner of Administration and Finance and Director of Parking Enforcement on the following: 1. What is the name of the company which supplied the PVB with hand held computers and what was the final cost? 2. Have the computers been successful and did they interface easily with our present city hall computer system? 3. Has there been an increase in meter revenues as a result of the hand held computers? 4. What is the comparison of meter revenues between this year and last year? ADOPTED. No. 190 By: Mr. Coppola Break Ins At Impound Lot Whereas: It has been brought to our attention that there are security problems at the auto impound lot; and Whereas: The lack of security has caused a rash of break ins with vehicles being damaged and employees feeling less than secure; and Whereas: There is also a need for improved lighting on Watts Street where employees park their Vehicles, and which is adjacent to the impound lot; and Whereas: Improved security and lighting would help in improving the moral of employees located at the impound lot. Therefore Be It Resolved That This Common Council requests that security precautions be taken immediately at the auto impound lot for Vehicles and employees alike including improved lighting on Watts Street. ADOPTED. No. 191 By: Mr. Coppola Request Information on Tinted Windows Whereas: The State of New York at one time had strict regulations on the degree of darkness that windows in motor vehicles could be tinted; and Whereas: It has become increasingly popular to tint windows of motor vehicles to prevent viewing the interiors of those vehicles; and Whereas: Tinted windows can hide a wide variety of actions including drug deals, prostitution, muggers, etc., and better visibility would help prevent these actions. Now Therefore Be It Resolved That This Common Council requests that the Corporation Counsel update this body on the current State law regulating the degree of tinting allowed on windows of motor vehicles registered in this state. ADOPTED. No. 192 By: Mr. Coppola Request Results of Settlement on Food Program Whereas: According to the Buffalo News article the lawsuit against Thomas Griffin and the City of Buffalo has been settled by the Marriott Corporation; and Whereas: The exact agreement was not publicized in the paper; and Whereas: This Council requests the details on the settlement at taxpayers' expense; and Whereas: The attorney representing the City was Peter Morrow. Now Therefore Be It Resolved That This Common Council requests that Assistant Corporation Peter Morrow appear before this body to explain in full the settlement reached between the Marriott Corporation, the City of Buffalo, and Thomas Griffin. ADOPTED. No. 193 By: Mr. Fahey Forgive Water Bill 51 Amsterdam Whereas: Mr. William Crotty is the property owner and resident of a two family dwelling located at 51 Amsterdam; and Whereas: Because of inadequate water pressure into the house, Mr. Crotty had been unable to rent the apartment located at this address causing him to lose a substantial amount of income; and Whereas: Mr. Crotty rectified the low pressure water supply problem into his home which he believes is the fault of the city by installing a pumping station in his basement at great expense to himself; and Whereas: Mr. Crotty recently was in a serious motorcycle accident which will keep him hospitalized for a prolonged period of time, leaving him unable to work and therefore with no income. He is awaiting qualification for SSI which would provide him with some income; and Whereas: Due to the circumstances of lost income and mounting hospital bills, Mr. Crotty is unable to pay a water bill of $1360.99 and is being threatened with the shut off of his water service. Now, Therefore Be It Resolved That: This Honorable Body directs the Law Department to prepare the necessary paperwork forgiving the past due water bill of $1360.99 for Mr. William Crotty of 51 Amsterdam Avenue. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 194 By: Messrs. Fahey, Perla, Pitts Suspend Deployment of Hypodermic Syringe and Needle Exchange Program at Buffalo Columbus Hospital Whereas: Buffalo Columbus Hospital plans to deploy a Hypodermic Syringe and Needle Exchange Program (NEP) which will be funded by the New York State Department of Health / AIDS Institute; and Whereas: The contemporary practice of a needle exchange program is designed to be a street based harm reduction effort to control the spread of AIDS among intravenous drug users by offering them access to new and clean needles to deter the community use of contaminated syringes; and Whereas: Buffalo Columbus Hospital was chosen as the site to administer the (NEP) in an effort to service a target area within the lower West Side and East Side areas known for high occurrences of injection type drug abuse, poverty and drug related crime; and Whereas: While proponents of the (NEP) applaud this ambitious approach to curbing the AIDS epidemic on the streets, opponents of the (NEP) cite questions as to the moral validity and adverse repercussions such a program may have on a residential community ; and Whereas: Residents near the Columbus Hospital area remain concerned for the health, safety and welfare of their community arguing that the (NEP) promotes and harbors a congregation of drug users which poses an ever present threat of illegal drug trafficking and drug use; and Whereas: Other questions remain regarding the Needle Exchange Program's operational procedures regarding the safety of staff and volunteers, inventory control and reporting procedures and the handling and disposal of injection equipment; and Whereas: A public hearing arranged to first allow community residents a chance to voice their concerns regarding the needle exchange program before deployment would better gauge if the goals and objectives of the (NEP) outweigh the adverse effects it might bring to a community focused on promoting an improved image and quality of life. Now, Therefore Be It Resolved That: This Common Council rejects the choice of Buffalo Columbus Hospital as a viable location for a Hypodermic Syringe and Needle Exchange Program; and Be It Further Resolved That: The New York State Department of Health suspend procedures for implementing the Hypodermic Syringe and Needle Exchange Program at Buffalo Columbus Hospital until a location can be identified that has the support of the surrounding neighborhood, and Be It Finally Resolved That: A public hearing be held on Tuesday, October 26, 1993 at 6:30 P.M. in Common Council Chambers to discuss the issue of the Hypodermic Syringe and Needle Exchange Program at Buffalo Columbus Hospital. REFERRED TO THE COMMITTEE ON LEGISLATION, NEW YORK STATE DEPARTMENT OF HEALTH AND COLUMBUS HOSPITAL. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 195 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. 196 By: Mr. Franczyk Appointment of Legislative Assistant Resolved, That this Common Council does hereby appoint Andrew Golebiowski, 960 Sycamore Street, Buffalo, New York, to the position of legislative Assistant to Fillmore District Council Member David Franczyk, effective October 7, 1993. ADOPTED. No. 197 By: Mrs. LoTempio Request Change in NFL Policy Regarding Broadcast Of Home Football Games Whereas: The National Football League has an established policy of "Blacking Out" the television broadcast of football games in the viewing market of a home team if all tickets for the game are not sold 72 hours prior to kickoff; and Whereas: This policy does not address the fact that market size and stadium seating capacity vary significantly from city to city; and Whereas: The Buffalo Bills consistently rank among the league leaders in attendance, filling a stadium of approximately 80,000 on a regular basis, even though Buffalo's population base is among the smallest in the league. The Bills, in fact, have sold out 22 consecutive games, due in part to the fact that the Bills are the only NFL team in New York State and they serve as an attraction for people throughout Western New York, Southern Ontario, and Northern Pennsylvania; and Whereas: The 72 hour provision for the broadcast of these sellouts has not been met on every occasion, resulting in sold out games being "blacked out", thereby depriving countless Buffalo fans, many of whom are the taxpayers whose dollars have funded the construction and rehabilitation of Rich Stadium, the opportunity to view the game. Another result of the "black outs" is the proliferation of illegal showing of the games by establishments utilizing satellite dish reception; and Whereas: For the 1993 season, the Buffalo Bills' home schedule included three evening "prime time" games. Team management cited these late games as one of the prime reasons for the decline in season ticket sales, primarily because of the difficulty involved in travelling to the games for people, especially those who travel great distances, who must go to work the morning after a game. Night games in general, and in particular Monday night games, limit the ability to attend games of the distant, young, elderly, second and third shift workers, and other fans; and Whereas: The absence of these core fans in an essentially small market makes it very difficult to sell all tickets to night games prior to the 72 hour deadline. In fact, the October 11, 1993 game against the Houston Oilers failed to sell out by the deadline, but was a sellout by kickoff; and Whereas: In essence, people throughout Western New York were penalized in at least two ways: they were unable to watch the game on home television, and those establishments that showed the game via satellite dish face legal prosecution. The Buffalo Bills and the National Football League, however, suffered no hardship as the game was a sellout; Now, Therefore, Be It Resolved: That this Common Council request that the Buffalo Bills and the National Football League review and reassess the blackout policy with the following considerations: Reduce the number of hours prior to kickoff required for a sellout to lift the broadcast ban; Eliminate penalties for establishments that show the games via satellite dish provided that the game is sold out prior to kickoff; Establish a new formula to determine broadcast availability in the home market based in part on the population base of the market and the capacity of the stadium; and Be It Further Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to the Buffalo Bills, Inc. and the Commissioner of the National Football League, Paul Tagliabue. ADOPTED. No. 198 By: Mr. Perla Ordinance Amendment New Chapter 141 Collection Of Arrears The Common Council of the City of Buffalo does hereby ordain as follows: That a new Chapter 141 be added to the Codes of the City of Buffalo, with Section and Section Headings to read as follows: Chapter 141 Collection of Arrears Sec.141-1 : Legislative Intent Sec.141-2 : Definitions Sec.141-3 : Procedures Sec.141-4 : Outstanding Obligations Sec.141-5 : Effective Date Article I Sec. 141-1. Legislative Intent. The City Charter, Section 113, provides that all unpaid accounts be turned over to the City Comptroller for collection with the assistance of the Corporation Counsel. The intent of this ordinance is to codify procedures and responsibility in the area of collections. These procedures shall be enforced by the City Comptroller under his authority granted by City Charter. The Comptroller shall also make available an annual report detailing the operations under this section and any recommendations for changes in the legislation to better facilitate the collection operation. Sec. 141-2. Definitions. (A) Arrears. All receivables due and owing to, or billed by, any City board, division, agency or department unpaid over 90 days from the date of billing or the date originally due, whichever occurs first. (B) Receivables. All billings including but not limited to property taxes, water bills, sewer rent charges, demolition costs, parking tickets, and other billings issued by any City department or agency. Sec. 141-3. Procedures. (A) Each City agency or department which creates a receivable shall promptly refer all arrears to the Comptroller's Division of Collections in a manner prescribed by the Division of Collections. (B) The Division of Collections shall perform necessary collection and billing of said arrears accounts with the assistance of the Department of Law as required. (C) The Comptroller may engage the services of private credit or collection agencies and other professional services, as required, in accordance with the General Municipal Law and Charter. (D) The Comptroller will prepare an annual report detailing the monies and fees collected and expended. (E) The Comptroller shall impose fees or charges in connection with the collection of arrears as provided by for Chapter 175 of these Ordinances any and all fees collected upon arrears pursuant to Section 175 shall be accounted for separately. All amounts shall be deposited to the City General Fund. Sec. 141-5. Outstanding Obligations. No person, individual, corporation or other entity shall be permitted to contract with, be licensed or permitted by, or do business with the City of Buffalo, its Departments, Board or Agencies, without official certification by the Division of Collections that all outstanding obligations or arrears owed to the City, its Departments, Boards or Agencies, are paid in full or otherwise made arrangement for payment in full to the satisfaction of the Comptroller. This section shall not be deemed to require payment of any obligation prior to the last day such obligation is due without penalty or interest or prior to the expiration of any applicable grace period. Approved as to form Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 199 By: Mr. Perla Ordinance Amendment To Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 - be amended to add to the Code of the City of Buffalo fees for collection of arrears pursuant to Chapter 141 herein. Chapter 141 - Collection of Arrears (A) Collection processing charge - $3.00 (B) Additional charge to be added to all arrears sent to outside credit or collection agency - actual amount charged by the collection agency. (C) Additional charge to be added to all arrears handled by in-house collection efforts - 10% of total amount collected. (D) These fees shall be in addition to statutory interest and costs, where applicable. Approved as to form Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 200 By: Messrs. Pitts and Coppola Request Information of the Burglary of the Parking Board "Rampgate" Whereas: The Common Council recently passed a resolution requesting information from the Parking Board concerning the minutes of meetings and the possible conflict of interest of one of its members, and Whereas: The Common Council requested that an Article 78 proceeding be initiated by the Corporation Council. This request has yet to be acted upon, and Whereas: Council member Pitts sent a letter to Thomas Gallagher, Executive Director of the Parking Board, back in September requesting a transcript of the minutes of the September 8 meeting of the Parking Board. Mr. Gallagher, responded by stating his staff would transcribe the minutes and file them with the Common Council. Councilman Pitts had asked that the Council's Reporter transcribe them, and Whereas: The minutes in question involved a discussion of Board of Parking members with an Erie County official and a bid involving the establishment of a parking program for Erie Community College, and Whereas: It was supposedly, revealed in this discussion that a member of the Parking Board was also a bidder for this Erie County contract. A situation that would clearly "smack" of conflict of interest, and Whereas: Since all of this information has been requested it is rumored that a burglary has recently occurred at the Parking Board's office. As a result reportedly, all of the information requested including taped recordings of meetings have been lost, and Whereas: Such an occurrence while plausible just seems a little strange and could ostensibly indicate the need for a "Rampgate" investigation. Now Therefore Be It Resolved That. The Common Council request that the Parking Board provide a full report of the "Rampgate" burglary. Further Be It Resolved That. The Police Commissioner provide a report concerning this incident. ADOPTED. No. 201 By: Mr. Pitts Request that Sabres Explain "C.A.C." Charge On Hockey Tickets Whereas: The tickets for the 1993-94 Buffalo Sabres Hockey season detail a base price, a City Fee, a County Fee, Sales Tax, and "C.A.C. Fund"; and Whereas: It can be assumed that the C.A.C. Fund refers to the Crossroads Arena Corporation; and Whereas: A detailed explanation of the C.A.C. charge, including the methodology for determining the rate and the proposed use for the revenue, is in order; Now, Therefore, Be It Resolved: That this Common Council request that the Buffalo Sabres file a report with the City Clerk explaining the "C.A.C. Fund" charge on game tickets; and Be It Further Resolved: That the City Clerk certify passage of this resolution and send copies thereof to the Buffalo Sabres (Niagara Frontier Hockey, L.P.). ADOPTED. No. 202 By: Mr. Pitts Cable Television Rate Regulation Certification Whereas: The Cable Act of 1992 allows for eligible municipalities to regulate cable television rates if the franchising authority submits a valid written certification to the Federal Communications Commission; and Whereas: In the certification, the franchising authority must verify that it will adopt and administer rate regulations consistent with the FCC's own regulations in that regard, that it has the personnel to administer such regulations, and that it will allow the public to participate in the proceedings; and Whereas: If certified, the franchising authority would have the ability to review basic tier rates and determine whether they are in compliance with the FCC's guidelines; and Whereas: The City of Buffalo has the option of seeking certification to regulate, choosing not to regulate, or asking the New York State Commission on Cable Television to regulate basic rates on its behalf; and Whereas: Rate regulation under the Cable Act of 1992 will involve an extensive and highly technical accounting process that could be very costly; and Whereas: Cable TV subscribers in Buffalo have been accustomed to making their complaints and comments about cable TV to the Common Council and its Special CATV Committee, and it is important to maintain a process that is clear and readily accessible; and Whereas: Representatives of the State Cable Commission have informed the city that, even if the city is certified to regulate rates on its own, the Commission would be willing to provide assistance to the city of Buffalo in auditing the rates and performing other technical work associated with the proceeding; and Whereas: Having the city apply for certification to regulate basic rates, with the ability to call on the expertise and assistance of the State Cable Commission, appears to be the best option for cable TV subscribers and the city of Buffalo. Now, Therefore, Be It Resolved: That this Common Council direct the Corporation Counsel to file an application with the Federal Communications Commission for certification to regulate cable television basic service rates in the city of Buffalo; and Be It Further Resolved That: The Corporation Counsel also begin preparation to file a formal complaint with the Federal Communications Commission regarding rates for the second tier of service, also known as extended basic. ADOPTED. No. 203 By: Mr. Pitts Cancel Grass Cutting Fee from 1993-1994 Assessment-580 Adams Whereas: Ms. Marie Sullivan owner and resident of 580 Adams Street has been charged erroneously for grass cutting, and Whereas: Ms. Sullivan has a fenced in yard, making it impossible for grass cutting services by the City, and Whereas: The $61.91 charge is assessed annually to Ms. Sullivan erroneously. Now Therefore Be It Resolved That: The Common Council approves the removal of the $61.91 charge for grass cutting at 580 Adams Street on the 1993-1994 assessment roll. PASSED. AYES- 13 NOES- 0. No. 204 By: Mr. Pitts Removal of Grass Cutting Charge for 217 Locust Street, 1993-1994 Assessment Whereas: Ms. Florine Howard owner and resident of 217 Locust Street has been assessed grass cutting charges by the City of Buffalo, and Whereas: The charge of $61.12 was made erroneously. Ms. Howard has a fenced in yard, and Whereas: It is impossible for the City to have performed these services. Now Therefore Be It Resolved That: The Common Council approves the removal of the $61.12 charge for grass cutting at 217 Locust Street from the 1993-1994 assessment roll. PASSED. AYES- 13 NOES- 0. No. 205 By: Messrs. Pitts, Bell and Amos Request Information -Uniland Developments Oak Michigan Corridor Whereas: The Economic Development Committee is currently discussing Res. # 181, C.C.P. 5/25/93 "Recover Funds From Uniland- Oak Michigan" to determine if Uniland has breached the terms of the Land Disposition Agreement in regard to Block 1 in the Phase 2B Oak Michigan Urban Renewal Plan; and Whereas: The Department of Community Development, BURA, and the Corporation Counsel have been very evasive in providing information to written requests or direct questioning from Councilmembers; and Whereas: Uniland's sale of the property and building seems to be a violation of the terms of the LDA which in Section 6 states that "The covenant pertaining to the uses of the Property, set forth in Section 401 hereof, shall remain in effect from the date of the Deed until December 8, 2020."; and Whereas: Section 401 of the LDA states that "the Redeveloper, and such successors and assigns, shall (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan;"; and Whereas: Uniland obtained the property for "the construction of a minimum 16,269 square feet industrial, office, research and development facility" and sold it for use as a church; and Whereas: The Urban Renewal Plan called for development for High Technology and Downtown service industries which would generate jobs and increase tax revenue; and Whereas: A church does not generate high tech or service jobs or increase tax revenue to the city; and Whereas: While the Counsel to BURA would not confirm that legal action against Uniland was contemplated, he did imply that something was amiss by admitting that the Commissioner of Community Development has been negotiating with Uniland to resolve the issue; and Whereas: The Counsel to BURA in a letter to this Body dated June 3, 1993 wrote that "Samuel F. Iraci, Jr., as vice chairman of BURA, is attempting to resolve this item and several other unrelated items of business with the Uniland Development Corporation," however, Carl Montante, General Partner for Uniland, stated at the Economic Development Committee meeting on October 13, 1993, that he had just begun discussions with Mr. Iraci in the "last few days"; and Whereas: Mr. Montante also stated at the meeting that he had sent a letter to Laurence K. Rubin, formerly Commissioner of Community Development, to advise him of Uniland's intention to sell the property and received a response giving tacit approval of the sale; and Whereas: In addition to discussions about Block l, questions were raised about Uniland's use of Block 21 as a parking lot, considered by Corporation Counsel Rubin to be a violation of the terms of the original LDA for that parcel; and Whereas: Councilmembers raised general concerns that once any Land Disposition Agreement is approved by the Council, there is no monitoring system in place that determines violations of the agreement and notifies BURA and the Common Council; and Whereas: Since Common Council approval is necessary for Land Disposition Agreements, the Council should be notified as soon as a violation to an agreement is perceived; Now, Therefore, Be It Resolved: That the Common Council requests all information exchanged between the Buffalo Urban Renewal Agency or the Department of Community Development with Uniland in regard to the resale of Block 1; and Be It Further Resolved: That the Buffalo Urban Renewal Agency advise the Council, in executive session if necessary', on any action contemplated against Uniland for Block 1; and Be It Further Resolved: That the Buffalo Urban Renewal Agency advise the Common Council of its intentions for resolving the illegal use of Block 21 or any other parcels owned by Uniland; and Be It Further Resolved: That Uniland Development provide all information on the operation of the parking garage located at William and Oak Streets; and Be It Finally Resolved: That the Buffalo Urban Renewal Agency expand its monitoring system for Land Disposition Agreements to include immediate notification to the Common Council when a violation to an agreement is noted. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 206 By: Mr. Zuchlewski Eliminate Performance Bond Requirements For Purchasing Whereas: At present, the City of Buffalo requires that both performance bonds and bid bonds (for amounts over $20,000) be in place for vendors entering into a competitive process to sell goods and services to the City; and Whereas: It is generally understood that performance bonds are necessary for items such as construction projects, but are a hindrance to many small businesses, particularly minority and women enterprises and newer companies, when mandated in purchasing situations; and Whereas: One of the recommendations of the Financial Planning Commission was to consolidate purchasing practices of the city, the Board of Education, and various other city government related entities; and Whereas: The Board of Education has the authority and option to require performance bonds for purchasing, but chooses to expedite and simplify matters by not mandating that vendors hold performance bonds for competitive bids on sales; Now, Therefore, Be It Resolved: That this Common Council request that the Department of General Services and the Corporation Counsel report to this Honorable Body on the feasibility of eliminating the provision of mandatory performance bonds for the purchase of goods and services, exclusive of construction projects; and Be It Further Resolved: That these reports be filed with the City Clerk in time for the next stated meeting of this Council on November 3, 1993. ADOPTED. AYES- BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- AMOS, ARTHUR, COLLINS, PITTS- 4. No. 207 Messrs. Zuchlewski, Arthur, Bell, Collins, Amos, Bakos, Coppola, Fahey, Franczyk, Perla, Pitts and Mrs. LoTempio Encourage School Board To Establish Residency Whereas: The Buffalo Board of Education is seriously considering establishing a residency requirement for all new school district employees and for board employees who receive promotions; and Whereas: The proposal before the School Board would require newly hired teachers and other school employees to sign pre-employment agreements, stating that a move out of the city results in automatic job termination; and Whereas: The argument that residency will not allow the best qualified teachers in the classroom is moot since whenever there is an announcement of a examination for a teaching position in the city, hundreds of city residents take and pass the tests, proving there is no shortage of qualified candidates living in the City of Buffalo to fill these positions; and Whereas: The benefits would be that these employees would be taxpayers helping to keep Buffalo's public services, including the schools, afloat. They would be consumers more likely to shop in city stores, they would be homeowners financially capable of maintaining their properties, and they would more likely be advocates for better city services and a better community, including an educationally superior school system; and Whereas: The present economic status of the City of Buffalo should be heavily weighed when this decision is made. Long term effects of residency requirements can be very beneficial for the City of Buffalo and the Board of Education. Now, Therefore Be It Resolved That: This Common Council strongly supports and encourages the Buffalo Board of Education to approve the new residency proposal being considered by the Board requiring any new employee or any employee accepting a promotion be a resident of Buffalo and maintain city residence while an employee of the Board. ADOPTED. No. 208 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 William "Joe" Cooley By Councilmember Arthur ADOPTED. No. 209 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: Sandra L. Green Irene Klinko Thomas J. Teich, Jr. Kavita Uppal Total:4 ADOPTED. UNFINISHED BUSINESS No. 210 Bond Resolution - $20,000 - Signals Linwood (Item No. 237, C.C.P., Oct. 5, 1993) Mr. Fahey moved that the above item be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey now moved that the above item be approved. Seconded by Mr. Pitts. PASSED. AYES- 13 NOES- 0. No. 211 Bond Resolution - $424,000 - Reconstruct Bailey (Item No. 238, C.C.P., Oct. 5, 1993) Mr. Fahey moved that the above item be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey now moved that the above item be approved. Seconded by Mr. Pitts. PASSED. AYES- 13 NOES- 0. No. 212 Bond Resolution - $1,896,000 - Reconstruct City Bridges (Item No. 239, C.C.P., Oct. 5, 1993) Mr. Fahey moved that the above item be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey now moved that the above item be approved. Seconded by Mr. Pitts. PASSED. AYES- 13 NOES- 0. No. 213 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 26, 1993 9:30 AM Finance Tuesday, Oct 26, 1993 Immediately Following Civil Service Legislation Tuesday, Oct 26, 1993 2:00 PM Economic Dev Wednesday, Oct 27, 1993, 10:00 AM Ancillary Committees Auditorium/Stadium T.F. Friday, Oct 22, 1993, 9:00 AM/rm 1417 No. 214 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Franczyk the Council adjourned at 4:50 P.M. Charles L. Michaux, III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee reporter.