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HomeMy WebLinkAbout93-1214 No. 23 Common Council Proceedings of the City of Buffalo Regular Meeting, December 14, 1993 Pension Meeting, December 16, 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. PARKS CONSERVACY TASK FORCE: - Hon David A. Franczyk, Hon. Archie L. Amos, Jr. Hon Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Susan West, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Gretchen Toles, Stan Buczkowski, David P. Comerford, Samuel F. Iraci, Jr. 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, December 14, 1993 at 2:00 P.M. PRESENT- David A. Franczyk- President Pro Tempore of the Common Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Higgins, Perla, Pitts, and Zuchlewski- 11. ABSENT- Council President George K. Arthur- serving as Acting Mayor, and Councilmember LoTempio- 2. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held on November 30, 1993 were approved. FROM THE MAYOR No. 1 Appointment Buffalo City Court Judge Pursuant to the powers vested in me under Section 2104 of the New York State Uniform City Court Act, please be advised I have appointed Robert C. Figliola, residing at 52 Rugby Road, Buffalo, NY 14216 to the position of Buffalo City Court Judge, effective December 1, 1993 for a term expiring December 31, 1994, left vacant due to the resignation of City Court Judge Joseph D. Figliola. From July 1990 to the present, Mr. Figliola has been in private practice, handling criminal cases. From December 1986 to July 1990, he served as Staff Attorney with UAW-GM Legal Services, handling an active case load dealing with wills, estates, consumer law and civil litigation. From January 1985 to July 1986, Mr. Figliola was a law clerk with LoTempio and Brown, P.C., researching and writing briefs, preparing Criminal Omnibus Motion Papers, Orders, Bills of Particulars and Interrogatories. Mr. Figliola served as a summer Law Clerk with the Corporation Council of the City of Buffalo from June 1983 to August 1983. Mr. Figliola earned a B.A. Degree in History from Canisius College in 1982 and a Doctor of Law Degree from the University of Buffalo School of Law in June 1985. He was admitted to the New York Bar in February 1986 and admitted to practice before the U.S. District Court, Western District of New York in 1986. Based on this experience and education, I hereby certify Robert C. Figliola is fully qualified to fill the position of Buffalo City Court Judge. RECEIVED AND FILED. No. 2 Reappointment of Member of Examining Board of Plumbers Pursuant to the provisions of Section 40-A of Article 4 of the General City Law of the State of New York and Section 311 Article 17 of the City of Buffalo Charter, I hereby reappoint Bart Sumbrum, residing at 49 Oakhurst Avenue, Buffalo - 14220 as a member of the Examining Board of Plumbers for a term expiring December 31, 1996. I hereby certify that Bart Sumbrum is fully qualified for reappointment to the Examining Board of Plumbers. RECEIVED AND FILED. No. 3 Ordinance Amendment Chapter 343 - Welfare of Minors Crime is the #1 problem in the City of Buffalo, and juvenile crime is one of the biggest factors in this problem. A juvenile curfew ordinance would protect minors from becoming innocent victims of crime, reduce juvenile street crime, reduce juvenile drinking, improve school attendance and aid and enforce parental responsibility and control. The proposed ordinance prohibits minors from being on the street after 11 PM, with the following exceptions: travelling during the curfew to a final destination, going to and from work, an emergency errand, or when accompanied by a parent or an adult authorized by a parent. The ordinance would be enforced by the Buffalo Police Department and the Buffalo Municipal Housing Authority (BMHA) Police Officers. The Police Department and the BMHA Officers will need help, and the City's Human Resources Department could give assistance from its Drug Abuse and Division for Youth Divisions. In Milwaukee, Wisconsin, Portland, Oregon and Dallas, Texas the curfew law has been ruled constitutional, and in Atlanta, Georgia it has not been tested. All four cities recommend and support curfew ordinances This ordinance will have a trial period of one year. The next administration will have the responsibility of enforcing the curfew. I consider the curfew to be just one more means toward a safer Buffalo. It is my belief that we do have enough police personnel, and if the Council acts swiftly for consolidation of precincts and the City and union can agree on one-person police cars, we will have more than enough police personnel to enforce the curfew. Therefore, I have approved this item on December 2, 1993. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 Delta Sonic Car Wash - Request to Erect an Illuminated Pole Sign at 1264 Main Street Item No. 82, C.C.P., November 30, 1993 The City Planning Board at its regular meeting held Tuesday, December 7, 1993 considered the above request pursuant to section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to replace an existing illuminated, pole, accessory sign with a larger one. The proposed sign will measure 6 1/2 feet by 15 1/2 feet or 100.75 square feet in sign face area. The overall height of the sign will be 22 feet. The site is located in a CM zone which allows such signage. It should be noted however that the applicant initially wanted to place a 26-foot high sign but agreed to the 22-foot height. Lastly, under S.E.Q.R. the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign at the lower height of 22 feet. RECEIVED AND FILED. No. 5 Delta Sonic Car Wash - Request to Place a Pole Sign at 1006 McKinley Parkway Item No. 83, C.C.P., November 30, 1993 The City Planning Board at its regular meeting held Tuesday, December 7, 1993 considered the above request pursuant to sections 387-19 and 511-126, F of the Buffalo Code, Review of Pole Signs and Special Development Plans. The applicant seeks to place an illuminated, accessory, pole sign with a sign face area of 100.75 square feet (6.5 feet by 15.5 feet) and an overall height of 26 feet. While the site is zoned C2, it is governed by Special Development Plan No. 12 (see Item No. 256, C.C.P., March 23, 1976). Special Development Plan No. 12 permits only those signs allowed in a C1 zone. In this instance, your Honorable Body may permit a pole sign with a maximum face area of 35 square feet and an overall height of 18 feet. Lastly, under S.E.Q.R., the proposed sign may be considered a Type II action which does not require further environmental review. The Planning Board therefore voted to approve a sign which is 35 square feet in face area and 18 feet in overall height. RECEIVED AND FILED. No. 6 H.H. Corp. - Request to Rezone 9-13 Toledo Place and 1412-1418 Kenmore Ave. Item No. 81, C.C.P., November 30, 1993 The City Planning Board at its regular meeting held Tuesday, November 9, 1993 considered the above petition pursuant to section 511-126 of the Buffalo Code, Amendments to the Zoning Ordinance. The applicant seeks to rezone the properties referenced above from R2 and R3 to C2. The rezoning would be a part of a larger C2 zoned parcel which would be developed into a drugstore. The area to be rezoned is 28,170 square feet. The Planning Board considered the impact of the proposed rezoning and concluded that the attached special development plan would serve the interests of the proposed development while protecting the remaining residential fabric. Lastly, under S.E.Q.R., the proposed rezoning would be considered an unlisted action which could be studied through uncoordinated review. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 Valid Remonstrance Opposition To Rezoning Of 666 Parkside Item No. 84, C.C.P., November 30, 1993 The City Planning Board at its regular meeting held Tuesday, December 7, 1993, considered the above remonstrance pursuant to section 511-126 of the Buffalo Code. The Board has reviewed the petition submitted by V. Colonna and finds that it is a valid remonstrance. Section 511-126 of the Buffalo Code states that when 20% or more of the owners of land directly opposite to and extending one hundred feet from the street frontage of such opposite land object to a proposed rezoning the remonstrance is valid. In this instance, the area described above is approximately 25,000 square feet. Within that area the owners of 9000 square feet of property or 36% object to the proposed rezoning. With this valid remonstrance the proposed rezoning will require a three-fourths (3/4) vote of the Council. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 8 Certificate of Determination $39,950,000 Refunding Bond Sale Certificate of Determination by the Comptroller determining the terms, form and details of sale and issuance of $39,950,000 Refunding Serial Bonds 1993 of the City of Buffalo, New York, and providing for the private sale thereof. The Bonds are hereby sold at private sale to Kidder, Peabody & Co., Incorporated, New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated November 18, 1993, between said Managing Underwriter and the City. The Bonds will be dated November 1, 1993 and will bear interest at the rate(s) per annum specified by the underwriters therefor in accordance herewith, payable on April 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 December 9, 1993 in New York, New York. An Official Statement may be obtained from the offices 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. 9 Certificate of Necessity Increased Appropriation Reserve for Capital Appropriations Civil Service Commission We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter that an increase in the sum of $250 in the estimates for the fiscal year beginning July 1, 1993 is necessary in Appropriation Allotments-Civil Service Commission to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050-Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purposed. The detail of the requirements are set forth below. Dated: Buffalo, NY, December 9, 1993 RECEIVED AND FILED. No. 10 Certificate of Necessity Transfer of Funds Exempt Items- Reserve for Capital Improvements Capital Projects Fund - Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller , do hereby certify, Pursuant to Section 42 of the Charter, that it is necessary that the Sum of $7,560 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, December 2, 1993 RECEIVED AND FILED. No. 11 Certificate of Necessity Transfer of Funds Fringe Benefits - NYS Police & Fire Retirement System Parking Enforcement - Towing and Storage Operations We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $634,000 be transferred and reappropriated from Fringe Benefits - NYS Police & Fire Retirement System, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, December 7, 1993 RECEIVED AND FILED. No. 12 Interfund Loan Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have a 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 $220,000 for planning of the New Arena. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-717-018 BAN/Bond Sale $220,000 Mr. Fahey moved: That the communication from the Comptroller, dated December 9, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the City General Fund to the City, Board and Enterprise Capital Projects Funds in the amount of $220,000 for planning of the New Arena. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 11 NOES- 0. No. 13 Permission to Negotiate 280 Brinkman (30' x 118') W 152.25 S Doat Assessed Value: $4,200 The Office of the Comptroller, Division of Real Estate, has received a request from Karry Walker, 284 Brinkman Street, Buffalo, New York, to purchase the above captioned property for extra yard space The Tax and Demolition Lien offices have been contacted and there are no taxes and/or no demolition liens owing. The Department of Community Development and Community Revitalization were also contacted and have no objections to a sale. Therefore, we are requesting permission to negotiate a private sale with Karry Walker and will report the results of our negotiation back to Your Honorable Body for final approval. Mr. Fahey moved: That the communication from the Comptroller dated December 2, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate with Karry Walker, residing at 284 Brinkman Street, for the private sale of 280 Brinkman and report to this Honorable Body the results of such negotiations. ADOPTED. No. 14 Permission to Negotiate Portion of 1671 Genesee (25' x 81') S 345.49' E Doat The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Wayne Short, 110 Davidson, Buffalo, New York, to purchase a portion (25 feet x 81 feet) of the above captioned property. Mr. Wayne Scott would like to purchase this property for ingress and egress to his garage. The Tax and Demolition Lien offices have been contacted and there are no taxes and/or no demolition liens owing. The Department of Community Development and Community Revitalization were also contacted and have no objections to a sale. This office is requesting permission to negotiate a private sale with Mr. Wayne Short for sale of the above mentioned property and will report the results of our negotiation back to Your Honorable Body for final approval. Mr. Fahey moved: That the communication from the Comptroller dated December 2, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate with Mr. Wayne Short, residing at 110 Davidson, for the private sale of 1671 Genesee and report to this Honorable Body the results of such negotiations. ADOPTED. No. 15 Results of Negotiations 1328 Jefferson, W 40' N Utica Vacant Lot: 30' x 92' Assessed Valuation: $2,100 Item No. 25, C.C.P. 9/07/93 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with the Word of Faith Church of God in Christ, 299 East Utica Street, Buffalo, New York to purchase the above captioned property. The Church is breaking ground to enlarge their sanctuary and will be using their present parking lot to accommodate the expansion. They own the lot at 302 East Utica, which is directly behind 1328 Jefferson. Combining the two lots would serve as their new parking lot. An independent appraisal of the property was conducted by Mr. James H. White, Appraiser, 537 Humboldt Parkway, Buffalo, New York 14208. Mr. White has estimated the fair market value of the property to be One Thousand Dollars ($1,000). This represents approximately thirty-six cents ($.36) a square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from thirty-seven cents ($.37) to fifty cents ($.50) a square foot. The results of our negotiations are that The Word of Faith Church of God in Christ, through its representative Mr. Clarence Hunter, has agreed and is prepared to pay Twelve Hundred Dollars ($1,200) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 1328 Jefferson Avenue to the Word of Faith Church of God in Christ, in the amount of Twelve Hundred Dollars ($1,200). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for transfer of title and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated December 8, 1993, be received and filed; and That the offer of Mr. Clarence Hunter on behalf of Word of Faith Church of God in Christ, 299 East Utica Street, in the sum of $1,200.00 (One Thousand and Two Hundred Dollars) to purchase the property described as 1328 Jefferson Avenue, 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- 11 NOES- 0. No. 16 Results of Negotiations 20 Nash St., 60' S Arsenal Vacant Lot: 20' x 102' Assessed Valuation: Land $900.00 Item No. 20, C.C.P. 7/06/93 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Park Avenue Coat Company, Mr. Robert Andolino, President, 144 William Street, Buffalo, New York. The vacant lot is adjacent to his business and they intend to use the- parcel for additional parking area. An independent appraisal of the property was conducted by Mr. Dennis Walker, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Nine Hundred and Fifty Dollars ($950). This represent approximately 47 cents a square foot. The Division of Real Estate has investigated the sales of similar properties in the area and concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Robert Andolino of Park Coat Company has agreed and is prepared to pay Nine Hundred Fifty Dollars ($950) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 20 Nash Street to Mr. Robert Andolino, Park Avenue Coat Company, in the amount of Nine Hundred and Fifty Dollars ($950). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated December 2, 1993, be received and filed; and That the offer of Mr. Robert Andolino, President of Park Avenue Coat Company, 144 William Street, in the sum of $950.00 (Nine Hundred Fifty Dollars) to purchase the property described as 20 Nash Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 11 NOES- 0. No. 17 Results of Negotiations 492 Northampton, N 52.05' E Roehrer Vacant Lot: 30' x 122' Assessed Valuation: $2,000 Item No. 15, C.C.P. 5/11/93 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Steven Means of 490 Northampton Street, Buffalo, New York to purchase the above captioned property. Mr. Means is requesting to purchase this property, which is adjacent to his residence, for extra yard space. An independent appraisal of the property was conducted by Mr. James H. White, Appraiser, 537 Humboldt Parkway, Buffalo, New York 14208. He has estimated the fair market value of the property to be Six Hundred Dollars ($600). This represents approximately sixteen cents ($.16) a square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from twenty cents ($.20) to twenty-eight cents ($.28) a square foot. The results of our negotiations are that Mr. Steven Means has agreed and is prepared to pay Nine Hundred Dollars ($900) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 492 Northampton to Mr. Steven Means in the amount of Nine Hundred Dollars ($900). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for transfer of title and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated December 8, 1993, be received and filed; and That the offer of Steven Means, 490 Northampton Street, in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described as 492 Northampton, 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 thee 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- 11 NOES- 0. No. 18 Results of Negotiations 121 Welker, E 154.21' N Woodlawn Vacant Lot: 35' x 95' Assessed Valuation: $1,700 Item No. 18, C.C.P. 5/25/93 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Arthur Glascoe, 111 Welker Street, Buffalo, New York to purchase the above captioned property. Mr. Glascoe would like to purchase this property, which is adjacent to his residence, for expansion of his yard area. An independent appraisal of the property was conducted by Mr. Michael Heigel, Able Appraisal Associates, 148 South Marlin Road, Grand Island, New York 14072. He has estimated the fair market value of the property to be Eight Hundred Dollars ($800). This represents approximately 24 cents a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Arthur Glascoe has agreed and is prepared to pay Eight Hundred Dollars ($800) for the property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve Mr. Glascoe's offer in the amount of Eight Hundred Dollars ($800) for the subject property. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated December 2, 1993, be received and filed; and That the offer of Mr. Arthur Glascoe, 111 Welker Street, in the sum of $800.00 (Eight Hundred Dollars) to purchase the property described as 121 Welker, 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- 11 NOES- 0. No. 19 Sale of Discontinued Portion of Tyler Park (15 feet x 127 feet) Item # 133, C.C.P. 9/15/92 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, to negotiate the transfer of a portion of Tyler Park to the American Legion Post #64 for the purpose of accommodating handicapped access to the building of such post. In addition, the Common Council adopted a Home Rule Message, Item #186, C.C.P. 4/13/93, requesting enactment of Senate Bill 51132 and Assemble Bill A 1927 "An Act to Authorize the City of Buffalo to discontinue the use as parkland of a portion of the land known as Tyler Park. The New York State Legislature did enact into law the above bills which authorized the City of Buffalo to discontinue the use as parkland of the land described in section two of the act and to convey the same for its fair market value to the American Legion Post #64. The net proceeds resulting from the conveyance shall be utilized by the City for the purchase of additional parkland or the improvement of the capital facilities at existing parks. An independent appraisal of the parcels was conducted by Mr. George Ladori, licensed real estate appraiser, 745 Center Road, West Seneca, New York 14224. He has estimated that "the Fair Market Value of the subject parcel to be Nine Hundred Dollars ($900)". The Value reported by the appraiser is consistent with land values in the subject area. I am recommending that Your Honorable authorized the final abandonment and sale of the subject property to the American Legion Post #64 in the amount of Nine Hundred Dollars ($900); and that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller dated December 7, 1993, be received and filed; and That the Comptroller be, and he hereby is, authorized the final abandonment and sale of the a portion of Tyler Park to the American Legion Post #64 in the amount of $900.00 (dine Hundred Dollars); and that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED. AYES- 11 NOES- 0. No. 20 William Cooper- Request City Donate 1256 Jefferson Avenue Item #82, C.C.P. 10-19-93 The above item was forwarded to the Committee on Finance and this office for a report. The item is a letter from Mr. William Y. Cooper requesting that the City donate the property located at 1256 Jefferson Avenue for a Community Visual Arts Center. Mr. Cooper states that he can not afford to buy a building and will be relying on community input and resources to rehabilitate a suitable structure. I am recommending that, should Mr. Cooper be successful in obtaining the resources to rehabilitate and operate the building, that the property be leased to Mr. Cooper for a minimal amount, thereby avoiding the gift of public property. Also that the property be leased with the requisite insurance and further having the understanding that all utilities would be their responsibility, I have instructed the Director of Real Estate to contact Mr. Cooper and assist him with his proposal. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ASSESSMENT No. 21 Abatement Unpaid Taxes 221 Linwood Item No. 142, C.C.P. 11-30-93 Robert J. Bradley & John Case, owners of 221 Linwood, filed bankruptcy in November 1991. The Collection Division of the Department of Audit & Control has an account for 221 Linwood with a balance of $10,000.00. Four years of tax arrears totaling $159,202.85 and sewer arrears totaling $7,944.80 are owing for 1989-90, 1990-91, 1991-92 and 1992-93. The 1993-94 tax totaling $17,457.50 and sewer totaling $656.15 are also owing. The lot next to 221 Linwood known as 219 Linwood, owned by Robert J. Bradley & John G. Case, was removed from the In Rem 27 Tax Foreclosure Sale due to the bankruptcy filed in November 1991. There is a total of $1,761.99 in outstanding taxes and sewer rents on the lot. The Real Property Tax Law expressly prohibits the forgiveness, cancellation and/or abatement of real property taxes. I have enclosed an opinion of the City's Law Department which was delivered to this office on October 15, 1987 which addresses the issue of "Power to Forgive Taxes." Therefore, based upon the Law Department's opinion of October 15, 1987, the City back taxes and sewer charges for the property at 221 Linwood Avenue cannot be legally forgiven. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 22 Bond Cancellation- Main Street It is hereby certified that the bond described below be canceled: Principal: CC & E, Inc. Surety: Fidelity and Deposit Company of Maryland Amount: $10,000 Dated: November 13, 1991 Structure: Install Fiberoptic Cable Location: Main Street Pedestrian Mall This bond is no longer necessary due to the fact that all city right of way has been restored to its original condition. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City of Buffalo Ordinances. RECEIVED AND FILED. No. 23 Claim for Wages Various Employees From December 6 through December 19, 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 December 6 through December 19, 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 December 8, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from December 6, 1993 through December 19, 1993 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 11 NOES- 0. No. 24 Construction Project Agreement Item #146, C.C.P. 11/30/93 Kindly be advised that I have reviewed this proposed agreement and find that it is very extensive. Before I could comment on same, I must review it with our City Law Department to determine impacts, effects, etc. Also, as this agreement would affect all City construction projects, other interests and agencies such as Division of Water, Community Development, etc., should be consulted. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Report of Bids Painting of Street Light Standards 1993-94 This is to advise your Honorable Body that I have advertised and received bids on November 24, 1993 for Painting of Street Light Standards. 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 were received: E & M Star Painting $112,806.24 T & T Contracting $124,465.00 Amherst Painting Inc. $138,768.00 KAM Painting Inc. $149,354.00 Marine Steel Painting Corp. $169,074.00 Erie Interstate $195,972.50 Erie Painting & Maintenance $380,785.00 I hereby certify that the lowest responsible bidder for the above project is E & M Star Painting. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an amount not to exceed $112,806.24, plus approved unit prices not to exceed an additional amount of $12,193.76, for a total award of $125,000.00. The engineer's estimate for this work is $125,000.00. 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 January 10, 1994. 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 November 30, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Painting of Street Light Standards 1993-94 to E & M Star Painting, the lowest responsible bidder in the amount of $112,806.24, with said cost to be charged against the Capital Projects Fund #200-401-507-00-000 in an amount not to exceed $112,806.24, plus approved unit prices not to exceed an additional amount of $12,193.76, for a total award of $125,000.00. PASSED. AYES- 11 NOES- 0. No. 26 Change In Contract-Change Order #1 Repair to City Pavements 1993-1994 Amherst Paving, Inc. Contract #91741700 Item No. 30 C.C.P. 07/20/93 Item No. 26 C.C.P. 10/19/93 I hereby submit to your Honorable Body the following new Contract Item unit price change order to the Contract for the above named project. This change order is necessary to enable us to complete the following additional street overlays as requested by Neighborhood Block Groups, various Councilmembers, etc. 1. No. Fillmore - E. Ferry to E. Delavan 2. Kensington - N. Fillmore to 700' East 3. Michigan - Scott to Perry New Contract Item # Description Unit Price Estimated Cost Quantity 685.0902 Epoxy Reflectorized $0.65 7,600 L.F. $4,940.00 Pavement Markings Change Order #1 (Total Unit Price Additions) $4,940.00 Contract Summary: Original Amount of Contract $205,000.00 Change Order #1 $ 4,940.00 New Contract Total: $209,940.00 This work will not require an extension of time. I hereby certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the above change order and authorize the Commissioner of Public Works to issue said change order to Amherst Paving, Inc. Mr. Fahey moved: That the communication from the Department of Public Works, dated December 6, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Amherst Paving, Inc., changes resulting in a net increase in the amount of $4,940.00, as more fully described in the above communication, for work relating to Repair to City Pavements 1993-94, Contract #91741700. PASSED. AYES- 11 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. Raise and level floor in men's locker room 1 1/2" to meet lockers. Add $891.25 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 Eight Hundred Ninety-one and 25/100 Dollars ($891.25) 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 Change Order No. 3 CCP #27 10-19-93 Add 3,731.55 Amount of this change (No. 4) Add 891.25 Revised Amount of Contract $353,236.65 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 December 8, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #4 to BRD, Inc., changes resulting in a net increase in the amount of $891.25, as more fully described in the above communication, for work relating to General Construction at the New South District Police Station, Contract C-91693800. Funds to be charged to B/F 200-402-009 Division of Buildings. PASSED. AYES- 11 NOES- 0. No. 28 Michigan Avenue Lift Bridge I hereby submit to Your Honorable Body the following information- The City Engineer has declared an emergency situation on the Michigan Avenue Lift Bridge due to a red structural flag issued by the New York State Department of Transportation on 12-8-93. We are hiring an Engineering firm to design the necessary repair work and will be receiving informal bids from a minimum of 3 contractors to perform the work. We will report the bids to the council when received. Monies for this emergency work is available in the Division of Engineering Bond Fund 200-401-021. RECEIVED AND FILED. No. 29 Restaurant/Dancing Class II 1180 Hertel Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class II located at 1180 Hertel and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class II License is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. The report from the Police Department recommending approval is attached hereto, Aljoe, Inc. d/b/a Comedy Trap 1180 Hertel This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 30 Restaurant-Dancing Class III 1504 Hertel Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class III located at 1504 Hertel &and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class III License is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Daniel Mele. The report from the Police Department recommending approval is attached hereto. Daniel Mele d/b/a The Bona Vista 1504 Hertel This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 31 Restaurant-Dancing Class IV 1239 Niagara Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class IV located at 1239 Niagara and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class IV License is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Sherrill L. Cooper. The report from the Police Department recommending approval is attached hereto. Sherrill L. Cooper d/b/a Compton's After Dark 1239 Niagara Street This request is submitted for your consideration and whatever action you deem appropriate. Mr. Fahey moved: That the application of 1239 Niagara St. for a restaurant/dancing license be and hereby is approved; on the condition that the Planning Board submit its recommendation's on the matter to the Council. PASSED. AYES- 11 NOES- 0. No. 32 Restaurant-Dancing Class IV 49 W. Chippewa Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class IV located 49 W. Chippewa and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class IV License is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of the applicants. The report from the Police Department recommending approval is attached hereto. ATOMIC 49 W. Chippewa This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 33 Erie Basin Marina Phase IV I hereby submit to Your Honorable Body the following information requested for Phase IV of the Erie Basin Marina Project. As requested in Item 35 of C.C.P. 11-3-93 the Department of Public Works would accept the base bid only of $266,349 rather than the total base bid plus alternates of $280,799.00. The alternate items will be considered in a future project when/if funds will be available. Attached please find a list of the work to be performed. Items 6 Alt. (Finger Pier corners) and 7B Alt. (Gate House Electric Equipment Replacement) are located at the bottom of the list. Funds for this project are available in Division of Engineering bond Fund 200-401-088. REFERRED TO THE COMMITTEE ON FINANCE. No. 34 Certificate of Appointment Appointment effective December 13, 1993 in the Department of Public Works, Division of Water, Heather Mills, 120 No. Ogden Street, Buffalo, 14206, to the position of Account Clerk-Typist, Temporary, at the Intermediate starting salary of $20,697. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 35 Certificate of Appointment Appointment effective November 29, 1993 in the Department of Public Works, Division of Water, Christine Petschke, 18 Progressive Avenue, Buffalo, 14207, to the position of Account Clerk-Typist, Permanent, at the Maximum starting salary of $22,465. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 36 Certificate of Appointment Appointment effective December 13, 1993 in the Department of Public Works, Division of Water, Marilyn Cumming, 64 Rejtan Street, Buffalo, 14206, to the position of Senior Rate Clerk, Temporary, at the Intermediate starting salary of $22,554. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 37 Certificate of Appointment Appointment effective November 29, 1993 in the Department of Public Works, Division of Water, Peter M. Janora, 79 West Woodside, Buffalo, 14220, to the position of Water Service Inspector, Temporary, at the Maximum starting salary of $23,728. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 38 Certificate of Appointment Appointment effective December 6, 1993 in the Department of Public Works, Division of Water, Robert J. Benevento, 191 Stratford, Buffalo, 14216, to the position of Filtration Plant Operator, Provisional, at the intermediate starting salary of $ 25,135. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 39 Certificate of Appointment Appointment effective December 6, 1993 in the Department of Public Works, Division of Water, David B. Golba, 66 N. Parker Avenue, Buffalo, 14216, to the position of Filtration Plant Maintenance Supervisor, Provisional, at the Maximum starting salary of $28,358. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 40 Certificate of Appointment Appointment effective December 8, 1993 in the Department of Public Works, Division of Engineering, Daniel Sealander, 214 Hillpine Rd., Cheektowaga, NY 14227, to the position of Superintendent of Traffic Signal System, Provisional, at the Maximum starting salary of $32,719. REFERRED TO THE COMMITTEE OF CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 41 Report of Bids Gus Franczyk Park Expansion and Miscellaneous Improvements As authorized by Your Honorable Body in Item No. 72 of July 21, 1992 plans and specifications were prepared and sealed proposals accepted for Gus Franczyk Park Expansion and Miscellaneous Improvements. I submit the following report of all bids that were received and publicly opened on December 3, 1993: BIDDER AMOUNT OF BID Buffalo Creek Landscaping, Inc. $27,484 11800 Route 20A Wales Center, New York 14169 Williams Trucking Co. $37,800 31 Prospect Place Buffalo, New York 14201 Lebis Enterprises, Inc. $40,600 261 Massachusetts Avenue Buffalo, New York 14213 Johnstone Landscape Service, Inc. $43,820 2508 Stony Point Road Grand Island, New York 14072 Gleason's Nursery, Inc. $44,516 4780 Sheridan Drive Williamsville, New York 14221 DESIGNER'S ESTIMATE $26,000 The proceeding is a true and correct abstract of all bids received and Buffalo Creek Landscaping, Inc. is the lowest responsible bidder. Funds for the work are available in Parks Capital Project Account No. 200-601-034. I therefore recommend that Your Honorable Body authorize the Commissioner of Parks to order the work by Buffalo Creek Landscaping, Inc. in the amount of $27,484. Mr. Fahey moved: That the communication from the Department of Parks, dated December 3, 1993, be received and filed; and That the Commissioner of Parks be, and he hereby is, authorized to award a contract for Gus Franczyk Park Expansion and Miscellaneous Improvements to Buffalo Creek Landscaping, Inc., the lowest responsible bidder in the amount of $27,484.00, with said cost to be charged against the Parks Capital Project Account No. #200-601-034. PASSED. AYES- 11 NOES- 0. FROM THE COMMISSIONER OF POLICE No. 42 Final Plan- So. Buffalo Police Reorganization As the opening of tile South District Police Headquarters and the beginning of the South District Police Reorganization Demonstration Project approaches, I believe it is important to inform this Honorable Body as to the status of this historic project. I respectfully submit this final implementation plan as evidence of the Buffalo Police Department's commitment to the success of the South District Reorganization effort. The success of this project is fundamental to the progressive development of reorganization throughout the City of Buffalo. It has been an honor and privilege to be a part of this major undertaking. The cooperation of the City Administration, Common Council, and the Police Benevolent Association are duly acknowledged. I would also urge the continuing support of the reorganization effort as we can only improve public safety and boost public confidence by working together towards the goal of enhanced police services. For your information: 1.) The renovations at the new South District Police Headquarters, 1847 South Park Avenue, are nearing completion. Once completed, Precinct #15 will begin moving to the new headquarters from its present location at 2219 South Park Avenue. The move will take approximately one week and is tentatively scheduled from December 1-8. 2.) Following Precinct #15's transition, Precinct #9 will begin moving from its present Seneca Street location. Again, it is anticipated that it will take one week and is scheduled for Dec. 8-15. 3.) Precinct Building #7 will stay open for the time being as it is home base for the Tactical Task Force Bureau, the K-9 Program, and the SNAP (Street Narcotic Attack Program). These details service the entire City of Buffalo. It is also important to note that the South District service area will include a portion of Precinct #4, which was previously serviced by Precinct #7. 4.) Saturday, December 18, at 11 a.m., the City of Buffalo Police Department will host a ribbon cutting ceremony for the new headquarters which will be open to the public. 5.) On December 22, the Police will graduate its most recent class of Officers from the Academy. It is anticipated that a number of Police Officers from this class will be assigned to the South District Police Headquarters. 6.) With the physical plant and moving completed, staffing assigned, and the reprogramming of the involved computer system, the South District Police Reorganization Demonstration project is scheduled to come on line January 3, 1994. I remain confident that ongoing evolvement of this district program will represent an increase in police presence and visibility on the streets. Including civilian Report Technicians, there will be a sizeable increase in the total number of personnel assigned to the South District when compared with the former precinct system. To better clarify and outline the future program, I submit the following Police personnel breakdown for the South District now and as of January 3, 1994: NOW (these numbers reflect the assignments currently in place by combining the staffing levels at Precincts 7, 9, and 15) 0- INSPECTOR 3- CAPTAINS 10 - LIEUTENANTS 4- DETECTIVES 0- REPORT TECHNICIANS 72 - POLICE OFFICERS (includes 2 officers detailed out of 89 district on a regular basis) AS OF JANUARY 3. 1994 1 - INSPECTOR 5 - CAPTAINS 13 - LIEUTENANTS 1 - DETECTIVE SERGEANT 5 - DETECTIVES 5 - REPORT TECHNICIANS* 86 - POLICE OFFICERS (includes an assigned K-9 Officer) 116 This staffing level is contingent on police needs throughout the City. Officers assigned to the South District Police Reorganization Project will not be routinely detailed out of the service area. *As originally proposed, the District calls for 11 Report Technicians. These positions are pending the release of the results of the New York State Civil Service exam given in September of this year. The Report Technician vacancies are funded, budgeted, and will be filled following the posting and establishment of the permanent Civil Service list. In the interim, five currently employed Report Technicians will be redeployed from other assignments and assigned to desk duty in the South District. There are ten additional police cars to be assigned to the South District service area. In addition, we are awaiting delivery of five 4x4 Blazers to be used by the Community Policing Officers who will each be assigned to one of the five sector areas outlined in the South District service area. The Community Policing Program is another essential component of this program. We are still awaiting the final designation of the five officers who will be the community liaisons within their assigned sector area. Once assigned, the CPO's will begin training and establishing the community policing program in their assigned sector area. This represents a continuing learning process as the business people and neighbors get to know their CPO and the officer gets to know the community. The ultimate goals remain crime prevention and increasing communication and trust between the police and the residents. The Community Evaluation Panel, a group of volunteer citizens, has already held two meetings with involved Police personnel. They have begun the process of establishing a scope of responsibility and their involvement will grow as the South District reorganization program gets underway. The panel will meet monthly with Police officials to review program development and the impact on the community. At the conclusion of the year-long demonstration project, the panel will issue its report. As I stated in my November 9, 1992, letter to the Common Council, "The Department will be forced to demonstrate the effectiveness of police reorganization, and the Council's mandate will be to insure we are delivering what was promised. The Council will have the ultimate decision on whether reorganization will be continued in the South District as well as started in other districts. I am confident that this will become a reality and not merely a stated objective." The South District Police Reorganization Demonstration Project is soon to be a reality. Our task remains to continue working together to make that reality a success. I ask, once again, for the Council's continued support as we begin this dynamic undertaking. Thank you for your faith in the Buffalo Police Department. RECEIVED AND FILED. No. 43 Request Ordinance Amendment Ch. 180 Carrying Firearms I submit this response in regard to the proposal to amend Chapter 180 of the Code by enacting a new Article III. Violent crime in the City of Buffalo is a serious problem that must be attacked from a variety of angles. Vigorous law enforcement is but one method of attack. It is the one that has the most immediate effect and can be most readily implemented. A prerequisite to vigorous law enforcement is the existence of laws that the police can enforce. As you may be aware the New York State Penal Law has proscribed certain conduct that involves the use and possession of weapons. These laws have often been described as the strictest gun laws in the nation. To the extent that they can be applied, they are a valuable law enforcement tool. The Penal Law, however, does not address the possession and use of certain types of weapons that are commonly used by assailants in their commission of violent crimes. It is my opinion that the proposed legislation will add an important tool to the small cadre of weapons that the police currently have at their disposal to combat the rise of violence that has plagued our nation. I would propose that the first sentence of Section 180-13 -"Possession of Firearms and Other Dangerous Weapons" be re-drafted as follows: "No person shall possess a loaded or unloaded rifle, shotgun or air gun, or a dagger, dangerous knife, dirk, razor, or stiletto in a public place or public facility in the City." By so doing, the possession of a loaded or unloaded rifle is proscribed. The possession of firearms is already addressed in Article 265 of the Penal Law and need not be addressed in a City Ordinance. Mindful of the fact that law enforcement alone cannot eradicate violent crime, I agree with the proposed legislation to the extent that it gives the police another tool to perform its role in helping to make our City a safer community. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 44 Drug Interdiction/Points of Entry Grant Program Renewal Fiscal Year 1993-1994 Item No. 52, C.C.P. 4/27/93 Our Department is respectfully requesting authorization for the Mayor to execute the attached renewal proposal for the Anti-Drug/ Interdiction/Points of Entry Agreement between the City of Buffalo and the New York State Division of Criminal Justice Services for the period December 1, 1993 through November 30, 1994. Under this agreement, the State will provide the City of Buffalo with $198,000.00 to enhance the City's fight against narcotics trafficking. These funds will allow for the enhancement of narcotics cases through and intra-agency cooperative alliance between the Buffalo Police Department, NFTA Police Department, Cheektowaga Police Department and the Central Police Services Laboratory. Drug investigations will be maximized in a coordinated manner at "points of entry" to interrupt narcotics trafficking. I am respectfully requesting that your Honorable Body authorize permission for the Mayor to enter into this renewal agreement (see copy of renewal narrative attached and award letter from State). We are also respectfully requesting that Your Honorable Body authorize the Comptroller to provide for an inter-fund cash loan in the amount of $88,440.00 as a cash advance for all non-personnel expenses (which are listed in grant narrative budget) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. If you require additional information, please do not hesitate to contact Captain Edward C. Hempling, Budget/Grants at extension 5645. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Certificate of Appointment Appointment effective August 23, 1993 in the Department of Police, Debbie Renzoni, 20 Brost Drive, Buffalo 14220, to the position of Budget Examiner, Provisional, at the Maximum starting salary of $ 37,552, REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF FIRE No. 46 Proposed Inauguration Ceremony - Reception for Mayor and Common Council Please be advised that plans for the proposed Inauguration Ceremony reception to be held on the 1st floor of City Hall on January 1, 1994, with an expected guest turn out of 6,000 + people, are in violation of the New York State Fire Prevention and Building Code Table VIII 765, in that the total square footage of the open space of the 1st floor of City Hall (not including office space) is 6,565 sq. ft., allowing for a legal capacity of 938 people. I suggest that plans be revised to legally accommodate the number of guests expected. RECEIVED AND FILED. FROM THE CORPORATION COUNSEL No. 47 Request Ordinance - Background In Rem Purchases Item No. 148, C.C.P., 11/16/93 Please be advised that the Law Department staff is currently reviewing the above item and shall file an opinion as soon as possible. REFERRED TO THE COMMITTEE ON FINANCE. No. 48 Identify Construction Defects Item No. 154, C.C.P., 11/16/93 Please be advised that the Corporation Counsel is reviewing the above item and shall respond as soon as possible. RECEIVED AND FILED. No. 49 Request Ordinance - Adult Bookstores Item No. 169, C.C.P., 11/30/93 Please be advised that the Law Department is reviewing the above item and will respond with a proposed Ordinance Amendment as soon as possible. As requested, attached please find a copy of a response motion submitted on behalf of the City of Buffalo in a previous City Court action. Also, please note that Law Department staff will be meeting with Mr. Frank A. Manuele, Principal Planner for assistance in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 50 Request Ordinance Amendment Section 242-11 Housing Standards - Responsibilities of Owners and Occupants Item No. 236, C.C.P. 10/05/93 The Corporation Counsel is reviewing this matter, and will file comments accordingly. RECEIVED AND FILED. No. 51 D. Dzymala - Prohibit Bathhouses Item No. 86, C.C.P., 11/3/93 The above item has been referred to the Law Department for an opinion. We have been informed that an opinion will not be necessary until Council Staff is in receipt of a response by the Erie County Department of Health as to its current enforcement practices in this matter. RECEIVED AND FILED. No. 52 Former G. E. Site Demolition - 1489 Fillmore Avenue Asbestos Removal Change Order It is our understanding that the Department of Inspections & Community Revitalization is filing a request with the Common Council for a Change Order relating to an alternative method of asbestos removal at the above captioned site. Please be advised that we fully endorse the recommendation of the City's environmental consultant, Jack Eisenbach Engineering, P.C., based upon its post-award review of the contract specifications for the project. Mr. Eisenbach recommends that friable asbestos be removed prior to demolition of the building, to prevent contamination of nearby properties which could expose the City to potential liability. Due to the importance of this emergency demolition to the community, we recommend that the Common Council approve this Change Order at its next meeting of December 14, 1993. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 53 Rescind Sale 647 East Delavan To Frank Ricotta Item No. 21, C.C.P., 3/17/92 The above item was passed by Your Honorable Body during your meeting of March 17, 1992. However, Mr. Frank Ricotta of 166 Ralston, Kenmore, New York, the successful bidder at the February 20, 1992, Public Auction, had failed to consummate the sale, pursuant to the terms of sale upon which the bid was submitted. Therefore, I request Your Honorable Body to authorize rescission of the sale, forfeiture of the deposit and return of the premises to inventory for future sale. Attached is an approving motion to accomplish this purpose. Mr. Fahey moved: That the above communication from the Corporation Counsel be received and filed; and That the action of the Common Council under Item No. 21 C.C.P., March 17, 1992, authorizing the sale of 647 East Delavan be and the same hereby is rescinded, the deposit is forfeited and the premises returned to the Comptroller for future sale or transfer. PASSED. AYES- 11 NOES- 0. No. 54 Rescind Sale 47 Dempster To Elizabeth Krygier Item No. 22, C.C.P., 3/17/92 The above item was passed by Your Honorable Body during your meeting of March 17, 1992. However, Mrs. Elizabeth Krygier, the successful bidder at the February 20, 1992, Public Auction, had failed to consummate the sale, pursuant to the terms of sale upon which the bid was submitted. Therefore, I request Your Honorable Body to authorize rescission of the sale, forfeiture of the deposit and return of the premises to inventory for future sale. Attached is an approving motion to accomplish this purpose. Mr. Fahey moved: That the above communication from the Corporation Counsel be received and filed; and That the action of the Common Council under Item No. 22 C.C.P., March 17, 1992, authorizing the sale of 47 Dempster be and the same hereby is rescinded, the deposit is forfeited and the premises returned to the Comptroller for future sale or transfer. PASSED. AYES- 11 NOES- 0. No. 55 Leaving Rental Apartment without Paying Rent Item No. 188, C.C.P. 10/19/93 Item No. 119, C.C.P. 11/30/93 A person leaving a hotel without paying for his or her lodging would most likely be charged with theft of services under Penal Law Section 165.15. The State Legislature has not amended this section to apply to residential dwellings. Local legislation providing for arrest of individuals who fail to pay rent in a residential dwelling would most likely be barred under the doctrine of preemption since applicable State Legislation, Article 7 of the Real Property Actions and Proceedings Law, addresses the issue in a pervasive fashion. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES. No. 56 D. Sansanese - Compromise Demo. Cost -142 W. Delavan (Item No. 87, C.C.P., September 21, 1993) The Committee on Finance at its most recent meeting asked whether the City of Buffalo can forgive the interest which has accrued on the charge for the cost of demolition of 142 W. Delavan. The interest charge was imposed pursuant to applicable law after the demolition cost became the equivalent of a tax lien. Such interest charges, like interest on taxes and the underlying demolition cost, may not be forgiven unless there appears that there is a substantial basis for the forgiveness. A substantial basis would include imposition of the charge or interest by mistake or in contravention of law. Nothing like that appears to be claimed regarding this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 57 Rogers Taxi Service, Inc. Stands - Chippewa/Washington & Main Item No. 92, C.C.P., 11/3/93 The above item has been referred to the Law Department for an opinion. The item requests an ordinance amendment to Section 437-19 of Chapter 437 of the City of Buffalo Ordinances. Please be advised that your Honorable Body has authority to enact the requested change to Section 437-19, adding as proposed, "at least three" (3) additional taxi stands near Journey's End Suites and near Network Niteclub. Section 437-19 defines taxi stand as "places where taxicabs may stand while awaiting employment." However, prior to any formal action on this item by the Common Council, the following parties should be advised of the request and their comments should be considered: 1. Department of Public Works - Division of Traffic Engineering 2. Department of Streets - Effect on Snow Removal Operations 3. Department of Police - Traffic Division 4. N.F.T.A. - Effect on Bus Routes 5. Private Businesses in Vicinity of Proposed Stands REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF STREET SANITATION, NIAGARA FRONTIER TRANSPORTATION AUTHORITY AND AREA BUSINESSES. No. 58 Board of Education Custodians Engineer Contracts Item No. 157, C.C.P., 11/30/93 The Board of Education (Board) has recognized Local 409 International Union of Operating Engineers (Union) as the exclusive representative of the Engineer-Custodians for the purpose of establishing salaries and wages, hours of work and other terms and conditions of employment. The Board does not enter into a separate contract with each Engineer-Custodian. The Board and the Union are presently engaged in collective bargaining for the purpose of negotiating a successor agreement to that which expired by its terms on June 30, 1991. For the Board "to put custodian contracts out to competitive bid" undoubtedly would be found by the Public Employment Relations Board (PERB) to constitute an improper practice by the Board in violation of the Taylor Law. On the other hand, the Board may properly include as part of its negotiations in the collective bargaining process demands "requiring custodian-engineers to reveal all expenditures, to require them to return unused portion of their budget for rollover to the next fiscal year, and to eliminate the practice of allowing custodians to keep equipment purchased through the Board of Education;..." REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 59 Preliminary Draft for Public Review City of Buffalo Comprehensive Housing Affordability Strategy (CHAS) Goals For FY: 1994-98 Attached is the initial draft of the City's CHAS. The public review and input sections will be drafted after December 29, 1993. This CHAS will become the blue print for the City housing strategy over the Fiscal years 1994-98. The public can influence definition of the City's role and type of programs offered to the citizenry through the public review process: Notice is hereby given pursuant to the requirements established by the United States Department of Housing and Urban Development (HUD) in accordance with a mandate of the National Affordable Housing Act of 1990 announcing that public review of the City of Buffalo's Comprehensive Housing Affordability Strategy (CHAS) commenced on November 29, 1993 and end December 29, 1993. The five-year plan may be examined in Room 901 City Hall weekdays between 9 a.m. and 4 p.m. A public hearing is scheduled for Wednesday, December 15, 1993 at 4:30 P.M. in room 901 City Hall for the purpose of public comment. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 60 Change in Contract No. 91699600 Crossroads Sports Arena Change in Contract No. 91699600 - Crossroads Sports Arena Environmental Impact Statement and Urban Renewal Plan Preparation; Additional Tasks per Revisions Recommended During the Public Comment Period of the Draft Environmental Impact Statement Change Order No. 2 I hereby submit to your Honorable Body the following change order on Contract No. 91699600 with Ecology and Environment, Inc. (E & E) to include additional costs incurred for services performed beyond the contractual scope of work. Project modifications to the design and layout, revisions to the acquisition/demolition/ disposition maps, changes in street circulation and parking, and demand for copies of the urban renewal plan and the DEIS and FEIS, affected the original project budget. (See attached.) The aforementioned additional services were required due to revisions necessitated by responses submitted to the City during the public response period. Many of the comments and recommendations submitted to the Department of Community Development were used to prepare the final plan for the Crossroads Arena. The total project budget is as follows: Summary of Budget: Amount Pd. to Date Balance Original Contract $174,037 $110,000 $ 64,037 Change Order No. 1 $ 13,200 0 $ 13,200 (approved CCP No. 54, 6-22-93) Change Order No. 2 $ 10,548 0 $ 10,548 Revised Total $197,785 $110,000 $ 87,785 (original + change orders) These changes could not have been foreseen at the time the original contract was let. Costs have been reviewed by the Department of Community Development and found to be fair and reasonable. Funds for this additional work are available in Sports Arena Interfund Cash Loan Account No. 200-717-018. I, therefore, recommend that your Honorable Body authorize the Commissioner of Community Development to issue a change order to Ecology and Environment, Inc. as set forth above. Mr. Fahey moved: That the communication from the Department of Community Development, dated December 9, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order #2 to Ecology and Environment, Inc., changes resulting in a net increase in the amount of $10,548.00, as more fully described in the above communication, for work relating to Crossroads Sports Arena, Contract No. 91699600. Funds to be charged to Sports Arena Interfund Cash Loan Account No. 200-717-018. PASSED. AYES- 11 NOES- 0. No. 61 E.A.F. H. H. Corp. - Request to rezone 9-13 Toledo and 1412-1418 Kenmore Avenue Attached for your information is the Short Environmental Assessment Form for the matter captioned above. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF STREETS No. 62 Certificate of Appointment Appointment effective November 22, 1993 in the Department of Street Sanitation, Thomas Kalis, 25 Goembel, Buffalo, New York 14211, to the position of Motor Equipment Maintenance Supervisor I, Provisional, at the Maximum starting salary of $27,500. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 63 Masten/Kingsley New Housing Project Approval of Land Disposition Agreement Aicha Construction Company, Inc. The City of Buffalo Urban Renewal Agency duly designated Aicha Construction Company, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 64 400 Pratt Street-former School 47 Site Pratt Willert Revitalization Area James Management Company, Inc., Redeveloper The City of Buffalo Urban Renewal Agency duly designated James Management Co., Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 65 Correction-Change in Contract Demolition of 1489 Fillmore Avenue aka G. E. Plant CCP Item #107 Dated 11/16/93 Please be advised that a typographical error was made in CCP Item #107 dated 11/16/93. The original contract amount is $472,900.00 plus the $5,000.00 change order amount - Total cost of project should read: $477,900.00. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated November 24, 1993, be received and filed; and That the amount of the demolition of 1489 Fillmore Avenue a/k/a G. E. Plant should be corrected to read $477,900.00. PASSED. AYES- 11 NOES- 0. No. 66 Change Order for GE Plant 1489 Fillmore Please review the communication received from our consultant Jack Eisenbach Engineering P.C. This attachment has mentioned an alternative asbestos abatement method for the additional cost of $50,000.00. Based upon the endorsement of the consultant and the Law Department for this alternative method, we respectfully request the authority to issue a change order. The amount of this change order is $50,000 in reference to the executed contract previously approved by your honorable body. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated December 9, 1993, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to issue a change order, changes resulting in a net increase in the amount of $50,000.00, as more fully described in the above communication, for work relating to G. E. Plant a/k/a 1489 Fillmore. PASSED. AYES- Bakos, Collins, Coppola, Fahey, Franczyk, Higgins, Perla, Pitts- 8. NOES- Amos, Bell, Zuchlewski- 3. No. 67 Gail Plato - Request Demolition of 30 Cottage St. Item No. 171, C.C.P. 9/7/93 With regard to the above subject please be advised as of November 19, 1993, WGR - TV, Channel 2, has agreed to sponsor a project to rehab the entire project. A request has been made to this Department to demolish 1/3 of the fire damaged portion of this dwelling on an emergency basis, so that rehab can proceed. This department will continue to monitor permits and work along with the Preservation Board. We trust this will satisfy your inquiry. RECEIVED AND FILED. No. 68 HOME Funds for 696 Seneca Street Consistent with the attached BURA item, the Department of Inspections and Community Revitalization hereby requests Common Council approval to provide $100,000 in HOME Program funding for the rehabilitation of 696 Seneca Street. The details of the proposed project are included in the attached materials. Should you require any further information, please do not hesitate to contact David E. Pawlik, of my department at ext. 4009. Thank you for your consideration and support. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 69 Certificate of Appointment Appointment effective 12/6/93 in the Department of Inspections & Community Revitalization, Mark D. Blake, 158 Dundee, Buffalo, New York 14220, to the position of Combustion Inspector, Provisional, at the Maximum starting salary of $32,051. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 70 Memorandum of Agreement City of Buffalo & Local 71 International Union of Operating Engineers July 1, 1993 through June 30, 1995 Attached please find a Memorandum of Agreement between the City of Buffalo and Local 71, International Union of Operating Engineers, for the contract period July 1, 1993 through June 30, 1995. This Agreement is applicable to approximately 43 employees, and provides a 4% salary increase for the fiscal year 1993-1994, and a 5% salary increase for the fiscal year 1994-1995. Cost savings will be realized by modifications to the core medical insurance coverage, increasing the medical in-lieu payment, and by new contractual language concerning employee notification of status changes and duplication of health insurance coverage. Productivity improvements will be realized through new procedures concerning sick leave notification and an employee's return from a medical leave of absence. This Agreement also contains modifications to longevity and vacation payments. This Agreement with Local 71 means successor Agreements have been reached with all City unions (including BURA) except the Building Inspectors. These Agreements are for the following periods: Local 650 July 1, 1992 - June 30, 1995 AFSCME Local 264 July 1, 1991 - June 30, 1995 Teamsters Local 264 July 1, 1993 - June 30, 1995 Crossing Guards Assoc. July 1, 1993 - June 30, 1994 Police Benevolent Assoc. July 1, 1992 - June 30, 1995 Firefighters, Local 282 July 1, 1992 - June 30, 1994 (Arbitration Award) BURA July 1, 1993 - June 30, 1995 The City is currently negotiating with the Building Inspectors for the contract period beginning July 1, 1993, and expects to reach an agreement in the near future. Your approval of this Memorandum of Agreement is respectfully requested. Mr. Fahey moved: That the communication from the Department of Administration and Finance, dated December 9, 1993, be received and filed; and That the Memorandum of Agreement between the City of Buffalo and Local 71 International Union of Operating Engineers, for the contract period July 1, 1993 through June 30, 1995 be approved and ratified. PASSED. AYES- 11 NOES- 0. No. 71 Prepayment of Lease for 189 Tonawanda St. The City of Buffalo has a lease agreement with the 189 Tonawanda Street Corporation to rent the facility at the same address through June 30, 1997. The facility houses the towing and storage and parking meters and enforcement functions of the Division of Parking Enforcement. The lease requires annual rental payments of $200,000 with increases in those payments equal to the increase in the Consumer Price Index (C.P.I.) for the prior year, effective July 1, 1994, July 1, 1995, and July 1, 1996. The lease also provides the City with an option to purchase the facility for $1,500,000. The partners of 189 Tonawanda Street Corporation (the partners) have approached the City with an offer to accept prepayment of the lease at a discounted amount. Assuming annual C.P.I. increases of 2.7%, the total City payments under the lease will be $732,987. 14. The partners have offered to accept full prepayment of the lease for $633,886.53. In addition, the partners have offered to subtract the amount of such prepayment from any future purchase price for the facility to which the City and the partners may agree. For your information, the partners are George Panepinto, Peter R. Elia, and Robert Elia. I recommend that Your Honorable Body approve an amendment to the current lease that provides for the changes outlined above. A transfer of funds needed for the prepayment of the lease also has been prepared and submitted for your approval. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 72 G. Ritz - Complaints on Civil Service Process Item No. 79, C.C.P. November 30, 1993 I am responding to clarify the inquiry of Grace L. Ritz and her interview with the Division of Substance Abuse Services. It is my understanding that Joseph Mazza, Director of the Division of Substance Abuse Services, interviewed Ms. Ritz on Wednesday, November 10, 1993 for a Counselor III position. It is also my understanding that Mr. Mazza, in fact, did not state that a minority candidate would be hired for the position at the Genesee-Moselle Counseling Clinic. In fact, what transpired was informing Ms. Ritz that she would be working in the minority community, with a minority client caseload. It was also stated to Ms. Ritz that several other openings were available within the Division. The fact of the matter is that Grace L. Ritz scored #1 on the Civil Service list and was being considered for the opening at the Genesee-Moselle Counseling Clinic After interviewing the top three candidates, a decision was made not to hire Ms. Ritz. Although she was a qualified candidate, it was my Division head's opinion and recommendation that someone else was more well suited for the position. It is also standard procedure in therapeutic programming to insure cohesiveness and clinical expertise. I was also assured by my staff that great clinical rationale and thinking went into this decision. It is also my understanding that Mr. Mazza would be very willing to be present to answer any questions regarding the process and the actual interview of this individual. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 73 Certificate of Appointment Appointment effective December 6, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Dolores Barrett, 101 Culver Road, Buffalo 14220, to the position of Counselor III, Permanent, at the Intermediate starting salary of $23,710.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 74 Certificate of Appointment Appointment effective December 6, 1993 in the Department of Human Resources, Division of Substance Abuse Services Jacqueline Ostanski, 80 Hazelwood, Buffalo 14215, to the position of Counselor III, Permanent, at the Intermediate, Starting Salary of $ 23,110.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 75 Certificate of Appointment Appointment effective December 6, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Willie Johnson, 202 East Amherst St., Buffalo 14214, to the position of Counselor III, Temporary, at the Intermediate Starting Salary of $24,466.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 76 Certificate of Appointment Appointment effective December 6, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Robert Parrish 40 Brantford, Buffalo, 14222, to the position of Counselor III, Permanent, at the Intermediate starting salary of $24,466.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 77 Preferred List For Position of Sign Inspector Per your request of November 23, 1993 attached please find a photocopy of the preferred list for the position of Sign Inspector which was adopted on July 1, 1992 and contained the name of Mr. Anthony Marzo. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 78 G. Ritz - Complaints on Civil Service Process Item #79 C.C.P. November 30, 1993 The records of this office show Ms. Grace Ritz placed #1 on the eligible list for COUNSELOR III adopted on October 6, 1993. Ms. Ritz's name was certified for appointment to the Department of Human Resources in accordance with the provisions of Civil Service Law and Rules. The interview process and final selection of candidates for appointment is the responsibility of the appointing authority, in this case, the Department of Human Resources, Division of Substance Abuse Services and any questions relative to interview and selection procedures should be directed to the Commissioner of Human Resources and the Director of Substance Abuse Services. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF EDUCATION No. 79 Board of Education Custodian/Engineer Contracts Item #157 C.C.P. November 30, 1993 It is my belief that the way we manage the physical operation of school buildings has all of the advantages of privatization and all of the advantages of direct employment but few of the disadvantages of either one. You should know that the Contract to maintain a school building is the result of applying rates negotiated through the Collective Bargaining Process to particular tasks, such as; cleaning, plowing, lawn care. Each building is different in size and often contains unique facilities, such as; pools and cafeterias. When the established criteria is applied uniformly to all buildings, each building has a unique Contract to address its particular needs. The managers of these Contracts, the Engineer-Custodians, are direct employees of the Board of Education and are assigned to the buildings on the basis of Seniority. It is their responsibility to provide the necessary services to meet the requirements of the contract. Any comparison between the Buffalo School District and New York City is totally inappropriate. Visitors from all over the country invariably mention the remarkable condition of our aging building stock. This is primarily due to the efforts of our Engineer-Custodians. Our school buildings are used extensively outside of normal instructional hours (Lighted Schoolhouse, Bob Lanier Program, Community Schools, etc.) but they should be utilized far more. The opportunity to use the school buildings is available to everyone and a procedure is in place to apply for their use. There has never been to my knowledge a lack of cooperation from the Custodians to open school buildings outside of normal instructional hours. My experience indicates that the direct control of building operations afforded us by the Engineer-Custodian works well on a day to day basis and is invaluable in emergencies, such as; power failures, water and sewer breakdowns, winter conditions, etc. They have risen to the occasion many times in my memory where others may have faltered. The New York State Legislature did not throw out the Private Contracts of the New York City Custodians. Few complaints have been generated in regard to the Buffalo situation because unlike New York City, few complaints are justified. I believe the system is efficient, cost effective and should be maintained. Therefore, I ask that you reconsider your request of the State Legislature to nullify the existing Contracts. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE CITY CLERK No. 80 Notice of Hearing Rename the Eagle Ramp as the "Robert B. Adam Ramp" (Item No. 1, C.C.P., November 30, 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, December 14, 1993, at 2:00 P.M. in the Council Chamber. The notices of hearing were published in the Buffalo News on Friday, December 3, 1993, and Friday, December 10, 1993, and copies of said publications are attached hereto. RECEIVED AND FILED. No. 81 Take From the Table Rename the Eagle Ramp as the "Robert B. Adam Ramp" (Item No. 1, C.C.P. November 30, 1993) Mr. Fahey moved that the above item which is the subject of a hearing scheduled for this day before the Common Council, is hereby taken from the table, and is now before the Common Council for its consideration. Seconded by Mr. Bell. ADOPTED. No. 82 Hearing Rename the Eagle Ramp as the "Robert B. Adam Ramp" (Item No. 1, C.C.P. November 30, 1993) Mr. Fahey moved that the above item is properly before the Common Council and the hearing be opened. CARRIED. Appearances in Favor - Thomas Gallagher, Director of Pkg Bd. Paul Weaver, Buffalo Civic Auto Ramps Keith Alfort - A M & A's Mr. Fahey moved that the hearing be closed. CARRIED. Mr. Fahey moved that this Common Council, after holding the required public hearing, hereby Re-names the Eagle Ramp as the "Robert B. Adam Ramp", and the City Clerk be and hereby is directed to notify the Erie County Division of Planning, the Erie County Commissioner of Finance, the Buffalo City Planning Board, the Commissioner of Assessment of the City of Buffalo, the City Division of Planning, the City 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. Bell. PASSED. AYES- 11 NOES- 0. No. 83 Snow Fighting Equipment Attached is an inspection of the Department of Street Sanitation's Snow Fighting Equipment performed by the Buffalo Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 84 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state, Wednesday, December 3, 1993 until, Wednesday, December 15, 1993. RECEIVED AND FILED. No. 85 Items Returned Without Approval/Disapproval I transmit herewith a list of items passed by the Council at their meeting of Tuesday, November 30, 1993. Said items were presented to the Mayor for his signature on Thursday, December 2, 1993. The items were returned to the City Clerk without approval or disapproval on Tuesday, December 14, 1993, and are deemed effective Tuesday, December 14, 1993. ITEM # MEETING DATE SUBJECT 7 11/30/93 Interfund Cash Loan 11 11/30/93 Result private sale 34 Marshall 20 11/30/93 Release Constr. & Maint. Bond 155 Rano 21 11/30/93 Claim for Wages - Various Employees 22 11/30/93 Maint. Agree. Bailey-Broadway/Walden 23 11/30/93 Bids - Watermains - Hillary & Potters 26 11/30/93 Correct Bond Acct. - St. Columba Sq. 27 11/30/93 Engage Engineer- Traffic Impact Inner Harbor 29 11/30/93 Energy Savings - Buffalo River Improve Corp. 46 11/30/93 Transfer Title 326 High - BURA to City 53 11/30/93 Memo of Agreement - Crossing Guards 73 11/30/93 BEDC - Sale of 949 Genesee - Land Bank 87 11/30/93 Appt. Sr. D.P. Equip. Oper. (Inter)(Compt) 88 11/30/93 Appt. Sign Inspector (Max)(PW) 91 11/30/93 Lease Agreement - Penn Adv. Billboards 92 11/30/93 Lease/Purchase CES/Way (Compt) 99 11/30/93 Forgive Water Charges - 51 Amsterdam 130 11/30/93 Lease Parcel 8C - Main/Virginia (HRG HELD) 143 11/30/93 Incr. Appropriation - Inv. & Stores 144 11/30/93 Incr. Appropriation - Real Estate 145 11/30/93 Transfer Funds - Engineering 152 11/30/93 Disch. C.S. - Sal. Ord. Local 264 Caulkers 153 11/30/93 Disch. C.S. Sal. & Wage Schedule - Caulkers 156 11/30/93 Payment of Certain Small Claims 160 11/30/93 Crime Watch Signs - Auburn 162 11/30/93 Ord. Amend.- Ch. 35 - C.S. Exam Fees 163 11/30/93 Ord. Amend.- Ch. 175(35) - Fees 165 11/30/93 Apply for contract - Preserv. Bd Data Base 172 11/30/93 Steer Rest. Use 3155 Main - Rest. (HRG HELD) RECEIVED AND FILED. No. 86 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Assessment Dept. Human Resources - Div. for Youth Administration & Finance - Parking Enforcement RECEIVED AND FILED. No. 87 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Human Resources Dept. - Denis C. Green RECEIVED AND FILED. No. 88 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 307 Bryant St. Just Pasta Just Pasta Inc. RECEIVED AND FILED. No. 89 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- Richard Rott , Kathleen Carbohn Administration and Finance- Marlene Jackson Human Resources- Christa Michalski RECEIVED AND FILED. No. 90 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Emergency Medical Services Board Municipal Housing Authority RECEIVED AND FILED. No. 91 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 December 7, 1993 in the Department of Common Council, Janice L. Polk, 208 Loring Ave, Buffalo, NY 14214, to the position of Intern IV, Seasonal, at the Flat starting salary of $ 6.00 hr. No. 92 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 December 2, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the position of Laborer I, Seasonal at the Flat starting salary of $6.22 hr. Raymond J. Bojanowski, 392 Weimer St., Buffalo, 14206 Thomas Long, 14 Yale Pl., Buffalo, 14210 Appointment effective December 6, 1993 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Margaret Bugaj, 31 Parkview St., Buffalo, 14210, to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. DEPARTMENT OF AUDIT & CONTROL Appointment effective December 8, 1993 in the Department of Audit and Control, Division of Real Estate, Denise Gillig, 137 Hollywood Buffalo, New York 14220, to the position of Account Clerk Stenographer, Temporary, at the Minimum starting salary of $20,716. DEPARTMENT OF PUBLIC WORKS Appointment effective December 3, 1993 in the Department of Public Works, Division of Buildings, Michael G. Coniglio, 138 Folger Street, Buffalo 14220, to the position of Second Class Stationary Engineer, Temporary, at the Flat starting salary of $5.63 hr. Appointment effective November 29, 1993 in the Department of Public Works, Division of Water, Ronald J. Czworka, 126 Hartwell Road, Buffalo, 14216, to the position of Water Service Worker, Seasonal, at the Flat starting salary of $ 6.26/Hr. Appointment effective November 24 1993 in the Department of Public Works, Division of Buildings, Rodney J. Martz, 98 Alsace Avenue, Buffalo 14220, to the position of Senior 1st Class Stationary Engineer, Temporary, at the Flat starting salary of $7.33 hr. Appointment effective December 3, 1993 in the Department of Public Works, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the Flat starting salary of $ 7.33 hr. James C. Bugman, Sr., 163 Mariemont Ave., Buffalo 14220 William J. Collins Jr., 343 Newburgh Ave., Buffalo 14215 Appointment effective December 7, 1993 in the Department of Public Works, Division of Buildings, Charles R. Isch, 288 Marilla Street, Buffalo 14220, to the position of Senior First Class Stationary Engineer, Temporary, at the Flat starting salary of $7.33 hr. Appointment effective December 9, 1993 in the Department of Public Works, Division of Buildings, Kurt S. Preisigke, 146 Downing Street, Buffalo 14220, to the position of Laborer I, Temporary, at the Minimum starting salary of $ 8.59 hr. Appointment effective December 6, 1993 in the Department of Public Works, Division of Water, Karen M. Ford, 200 Hamburg Street, Buffalo, 14204, to the position of Account Clerk-Typist, Temporary, at the Minimum starting salary of $20,120. Appointment effective December 7, 1993 in the Department of Public Works, Division of Water, Brian D. Mann, 142 Ryan Street Buffalo, 14220, to the position of Maintenance Assistant- Water Temporary, at the Minimum starting salary of $21,255. Appointment effective November 29, 1993 in the Department of Public Works, Division of Water, Frank Mangione, Jr., 221 Roesch Avenue, Buffalo, 14207, to the position of Assistant Water Distribution Superintendent, Temporary, at the Minimum starting salary of $ 32,924. DEPARTMENT OF PARKS Appointment effective December 2, 1993 in the Department of Parks, Division of Recreation, John Kubala, 25 Bridgeman, Buffalo 14207, to the position of Refrigeration Plant Engineer, Seasonal at the Flat starting salary of $ 6.91 hr. Appointment effective December 4, 1993 in the Department of Parks, Division of Recreation, Joan Disbrow, 171 Villa Ave., Buffalo 14216, to the position of Special Service Instructor III, Temporary, at the Flat starting salary of $16.38. DEPARTMENT OF POLICE Appointment effective November 24, 1993 in the Department of Police, Deborah J Brunner, 23 Bolton Place, Buffalo 14210 to the position of Civilian School Crossing Guard TSAR, Seasonal at the Minimum Starting Salary of $5.49 hr Appointment effective November 22, 1993 in the Department of Police to the position of Police Lieutenant, Permanent, at the Flat Starting Salary of $45,107. Gregg Blosat, 666 West Ferry #32, Buffalo 14222 Genevieve Fahmer, 463 Victoria Blvd., Kenmore 14217 Michael Arcara, 8 Brimfield Court, West Seneca 14224 Appointment effective November 22, 1993 in the Department of Police, to the position of Police Lieutenant, Permanent Contingent, at the Flat starting salary of $45,107. Mark Makowski, 185 South Lane, Grand Island 14072 Lynda Oberkrieser, 47 Hillside, Buffalo 14210 David Mann Jr., 643 Fulton, Buffalo 14210 Appointment effective November 22, 1993 in the Department of Police, Thomas Krug, 1034 Old Eden-Evans Center Rd Angola 14006 to the position of Police Captain, Permanent, at the Flat starting salary of $51,680. Appointment effective November 22, 1993 in the Department of Police, Crystalea Burns-Pelletier, 8674 Bonview Terrace, Clarence, 14031, to the position of Police Captain, Permanent Contingent, at the Flat starting salary of $51,680. DEPARTMENT OF LAW Appointment effective December 1, 1993 in the Department of Law Lisa M. Lickfeld, 21 Choate Avenue, Buffalo, NY 14220, to the position of Typist, Permanent, at the Minimum starting salary of $19,252. DEPARTMENT OF STREET SANITATION Appointment effective December 13, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 per hr. Peter J. Aramini, 260 Ludington, Buffalo, New York 14206 Timothy F. Donovan, 57 Susan Lane, Buffalo, New York 14220 Patrick T. Driscoll, 138 Bloomfield, Buffalo, New York 14220 Willis L. Jones, Jr., 30 Poultney Ave., Buffalo, New York 14215 Shannon V. Long, 134 Ramsdell Ave., Buffalo, New York 14216 Carmen T. Pace, 328 Grant Street, Buffalo, New York 14213 Jeffrey W. Snyder, 106 Pacific St., Buffalo, New York 14207 Robert J. Sumera, Jr., 180 Miller Ave., Buffalo, New York 14211 John Thomas, 38 A Altruria St., Buffalo, NY 14220 Marc. A. Tuzzalo, 29 Mariemont Ave., Buffalo, New York 14220 Larry L. Walker, 25 Oxford Pl., Buffalo, New York 14204 Appointment effective December 6, 1993 in the Department of Street Sanitation, Brian D. Wells, 110 Whitfield Avenue, Buffalo, New York 14220, to the position of Laborer II, Permanent, at the Minimum starting salary of $78.59 day. DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective November 15, 1993 in the Department of Administration and Finance, Division of Parking Enforcement, to the position of Parking Enforcement Officer, Temporary, at the Flat starting salary of $6.22 hr. Kenneth J. Stroud, Sr., 139 Arden Ave., Buffalo 14215 Brian D. Lackenmier, 23 Rutland Ave., Buffalo 14220 Ronald P. Anderson, 1497 Broadway, Buffalo 14212 DEPARTMENT OF HUMAN RESOURCES Appointment effective November 29, 1993 in the Department of Human Resources, Division of Youth, to the position of Attendant, Temporary, at the Flat starting salary of $4.42/hr. Dianne M. Black, 249 St. Lawrence Apt. 1, Buffalo 14216 Darlene A. Brown, 41 Oxford, Buffalo 14209 Keay L. Miles, 64 Moselle, Buffalo 14211 Timothy M. Parks, 243 Villa, Buffalo 14216 Appointment effective December 1, 1993 in the Department of Human Resources, Division of Youth to the position of Attendant, Temporary, at the Flat starting salary of $4.42/hr. Rose C. Aquilina, 145 Dorchester Rd., Buffalo 14213 Joseph D. Baran, 64 Vernon Pl., Buffalo 14214 Camille Cammarata, 163 Tacoma, Buffalo 14216 Thomas Ciocca, 107 18th St., Buffalo 14213 Antonio Coleman, 582 Northland, Buffalo 14211 Mary Geraci, 29 Elam Pl., Buffalo 14214 Donna Haeick, 46 Cunard, Buffalo 14216 Ida Hall, 196 Crescent, Buffalo 14214 Demetrius Perez, 212 Loring, Buffalo 14214 Charles Robbins, 22 Oxford, Buffalo 14209 Alice Williams, 159 Durham, Buffalo 14215 Appointment effective December 3, 1993 in the Department of Human Resources, Division of Youth to the position of Attendant, Temporary, at the Flat starting salary of $4.42/hr. Isaac Johnson, 55 Hamlin, Buffalo, 14208 Caroline Kosakiewicz, 262 Eden, Buffalo 14220 Anthony Lark, 78 Vernon, Buffalo 14214 Franklin McClellan, 20 Hamlin, Buffalo 14208 Melissa Robertson, 69 Goulding, Buffalo 14208 Michael Blake, 77 Spaulding, Buffalo 14220 Alice Davis, 420 Moselle, Buffalo 14215 Appointment effective December 7, 1993 in the Department of Human Resources, Division of Youth, to the position of Attendant, Temporary, at the Flat starting salary of $4.42/hr. Angeline Cipolla, 8 Hertel Apt 604, Buffalo 14207 James LaBruna, 104 Elk, Buffalo 14210 Josette LaBruna, 43 Bremen, Buffalo 14213 Linda Marchese, 191 Hodge, Buffalo 14222 Catherine Snyder, 25 Knox, Buffalo 14216 Dawn Kurcz, 56 Sirrett, Buffalo 14220 Kelley Curran, 56 Crystal, Buffalo 14220 Daniel Mercado, 40 Coit, Buffalo 14206 Anne Nicpon, 45 Titus, Buffalo 14212 Melanie Parker, 754 Smith, Buffalo 14206 Michelle Parker, 775 Smith, Buffalo 14206 Clare Rajewski, 115 Quincy, Buffalo 14212 James Welsh, 207 Oneida, Buffalo 14206 David Celano, 1173 Hertel, Buffalo 14206 Appointment effective November 29, 1993 in the Department of Human Resources, Division of Youth, to the position of Lifeguard, Seasonal, at the Flat starting salary of $5.20/hr David N. Hemingway, 344 Linwood, Buffalo 14209 Jeremy A. Kilduff, 217 Summit, Buffalo 14214 Appointment effective December 1, 1993 in the Department of Human Resources, Division of Youth to the position of Supervisor, Temporary, at the Flat starting salary of $5.20 hr. Shirley D. Amos-James, 546 Suffolk, Buffalo 14215 Dwayne K. Knight, 546 Northampton, Buffalo 14208 David Shamrock, 86 Commonwealth, Buffalo 14216 Joanne M. Syracuse, 88 Wellington, Buffalo 14216 Carmella Trippi, 26 Woodette, Buffalo 14207 Appointment effective December 3, 1993 in the Department of Human Resources, Division of Youth to the position of Supervisor, Temporary, at the Flat starting salary of $5.20/hr Irma Cole, 201 East Amherst, Buffalo 14214 LeMar Robinson, 17 Hamlin, Buffalo 14208 Appointment effective December 7, 1993 in the Department of Human Resources, Division of Youth to the position of Lifeguard, Seasonal, at the Flat starting salary of $5.20/hr. Maurice Clemmons, 91 Marigold, Buffalo 14201 Paulette Reslow, 128 Greeley, Buffalo 14207 John Rodriguez, 215 Efner, Buffalo 14201 Dennis Sanders, 40 Fosdick, Buffalo 14209 Jeffrey Dziedzic, 16 Glenn, Buffalo, 14206 Appointment effective December 7, 1993 in the Department of Human Resources, Division of Youth to the position of Supervisor, Temporary, at the Flat starting salary of $ 5.20/hr. Melissa Nicpon, 753 Smith, Buffalo 14206 Josephine LaBruna, 43 Bremen, Buffalo 14213 Appointment effective November 29, 1993 in the Department of Human Resources, Division of Youth, Nancy Standish-Grzebielucha, 68 Crescent Avenue, Buffalo, 14214, to the position of Community Aide, Temporary, at the Flat starting salary of $5.46 Hr. Appointment effective December 6, 1993 in the Department of Human Resources, Division of Substance Abuse Services, to the position of Counselor III, Permanent, at the Minimum starting salary of $22,199.00. Donna M. Gerst, 155 Sixteenth St., Buffalo 14213 Tammy Kriese, 212 Summit Ave., Buffalo 14214 DEPARTMENT OF GENERAL SERVICES Appointment effective December 6, 1993 in the Department of General Services, Division of Inventory & Stores, Patricia Pinelli, 118 Kenefick St., Buffalo, 14220, to the position of Laborer II , Seasonal, at the Flat starting salary of $6.92/Hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 93 BFLO. CABLE TELEVISION POLICY BOARD Request Reappointment of Board Members The cable Television Policy Board recommends that its standing members be reappointed as representatives of the Mayor an the Common Councilmembers (or, at their pleasure, that they appoint replacement as soon as possible). Mr. Fahey moved That the communication of Tony Conrad, Chair, Buffalo Cable TV Policy Board, dated December 8, 1993, be received and filed; and That this Common Council does hereby appoint the following individuals as replacement appointments to the Public Access Television Policy Board: John E. Smith nominated by Council President Arthur 225 Hastings Ave. Stan Coleman nominated by Councilmember Amos 108 Leonard St. Charles McGriff nominated by Councilmember Bell 171 Lexington Ave. Bruce Ty Shaw nominated by Councilmember Collins 275 Northland Harry Gartner nominated by Councilmember Coppola 70 Woodward James Worth nominated by Councilmember Fahey 195 Highgate Ave. Brian Springer nominated by Councilmember Franczyk 745 Main St. Tony Conrad nominated by Councilmember LoTempio 129 Prospect Jay Burney nominated by Councilmember Perla 171 Vermont St. William Miles nominated by Councilmember Pitts 3 Lafayette Sq. Barbara Rowe nominated by Councilmember Zuchlewski 393 Bird ADOPTED. No. 94 BUFFALO ENTERPRISE DEVELOPMENT CORP. BEDC Sale of 477-483 Broadway Neighborhood Commercial Land Bank In October of 1991, the City sold 124 vacant parcels on various commercial arterials to BEDC for $335,000 as Phase I of the Neighborhood Commercial Land Bank. Pursuant to the Administration Agreement approved by Your Honorable Body on 10/29/91, all parcels to be re-sold for commercial development by BEDC shall be submitted for Council approval with prior consultation with the District Councilmember. Councilmember Pitts was supplied with the attached description of sale on November 19, 1993. The BEDC has received an offer to purchase 477-483 Broadway from Drescher Paper Box, Inc. The property is four (4) contiguous vacant lots on Broadway near Spring Street adjacent to Drescher's existing facility at 459 Broadway. Drescher is planning a two-phase 60,000 of expansion of its existing facility that will require the subject BEDC parcels. The cost of the expansion is estimated at $1,280,000. The proposed sale price is $10,000 or $.78 per sq. ft. This site was previously approved for sale by both BEDC and the Common Council to another client for the same price. The previous purchaser, Horizon Human Services, Inc., subsequently withdrew their interest in acquiring this site for a van garage making it available again. The proceeds of the proposed sale will be deposited in a trust fund to maintain and market the remaining parcels and to acquire added parcels from the City, as per the Agreement. Attached is a description of the transaction. Your approval is being sought pursuant to the procedure contained in the Administration Agreement. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 95 ITALIAN HERITAGE & FOOD FESTIVAL Final Report 1993 Food Festival Attached is a copy of the greater Buffalo Italian Heritage & Food Festival's 1993 budget and accounting report as submitted by Ronald A. Carnevale as per Council Request. RECEIVED AND FILED. No. 96 KENSINGTON-BAILEY N.H. S. Favor Recreation Center-889 Kensington We are writing in regards to the '889 Kensington" item that appears on the agenda for Tuesday's Finance Committee meeting. At Kensington-Bailey Neighborhood Housing Services, we are in favor of the proposed recreational center at '889 Kensington". We have been part of the process that has studied that design phase of the project, and we very much agree that the Kensington-Bailey community needs a recreation center for its youth. What we are concerned with, is the funding for the operation & maintenance of the facility. It has been an area that hasn't been discussed in detail. At the same time, to our understanding, the bonds for "889 Kensington" have been sold, essentially ensuring that it will be built. It isn't that we are not pleased with the selling of the bonds, but we feel a greater emphasis should be placed on the O & M of "889 Kensington" before serious discussions are continued on construction. Again, we support the need for the proposed recreational center, but we would like to see further discussions held on the O & M of it. Hopefully, the Finance Committee will start this process. REFERRED TO THE COMMITTEE ON FINANCE. No. 97 CHARLES WILLIFORD Request To Purchase 863 E. Ferry St. As you are Councilman for the Masten District, I am writing this correspondence concerning a piece of property situated at 863 E. Ferry Street. I find it to be in an excellent location as I desire to convert it from it's present eye-sores condition by siding, painting, and doing all the other kinds of things that would make it more suitable to the community in particular and the City of Buffalo in general. I would like to give my daughter a start at entrepreneurialship so that she will not be disappointed in an ever increasing job shortage. In a word, SELF-EMPLOYMENT. I think more parents should get ever more involved in creating the kinds of positive situations that hold promise, proves enlightning and instills a sense of worth in the child. I realize the condition of the building and have the means to correct the eye-sore. I understand there is an apartment upstairs which I would refurbish and make a home for my daughter and myself. I am writing you and requesting your response as to the procedural steps that I may take to help me obtain this property that is owned by the City of Buffalo. I trust that I will hear from you soon in this regard. Thanking you in advance for your kind consideration in this regard. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. PETITIONS No. 98 266 Bryant, Inc., owner, petition to use 427 Elmwood for sales/take-out restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 99 Drescher Paper Box Inc., petition to Rezone 451 Mortimer from R-3 to CM District for expansion of box co. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 100 Molly's Pub, owner, petition to use 3199 Main St. for restaurant expansion. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 101 Marietta Tedesco & Others - Oppose rezoning of 9-13 Toledo Place and 1412-1418 Kenmore Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CLAIMS HON. BRIAN M. HIGGINS CHAIRMAN No. 102 Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Mary Chiles and James P. Davis, Esq. As Attorney $ 3,300.00 A 2. Anna E. Evans $ 2,850.00 A 3. Eddie Thelma Evans and Steven B. Bengart, Esq. As Attorney $ 8,000.00 A 4. Karyl Gonzales and Donald R. Guerra, Esq. As Attorney $ 1,500.00 A 5. Michael Karam and John P. Lane, Esq. As Attorney $ 3,500.00 A 6. Sandra Martin Check To: Siegel, Kelleher & Kahn, Attorneys $ 8,500.00 A 7. Robert McCalebb and Rosenthal, Siegel, Muenkel & Wolf, As Attorneys $20,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES- 11 NOES- 0. No. 103 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions a claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Dolores Bell Claim for damage to a 1975 Chevrolet Impala at 126 East Utica Street when part of a City owned building next door at 118-120 East Utica Street collapsed on to the claimants's vehicle parked in the driveway. There is no Insurance Company involved in the settlement of this claim. $264.06 B 2. Julianna Haendiges Claim for construction material (specialty bricks) which were mistakenly taken by Street Sanitation workers at 454 Ashland Avenue. There is no Insurance Company involved in the settlement of this claim. $108.00 B 3. Peter B. Rose Claim for damage to a 1970 Chevelle vehicle that was accidentally sprayed with diesel fuel at the Broadway Garage, 197 Broadway. There is no Insurance Company involved in the settlement of this claim. $177.20 B 4. Linda Rotolo Claim for plumbing expenses incurred by the claimant at 189 Ramsdell Avenue. The sewer line was damaged when the Division of Water was working at the adjacent property. There is no Insurance Company involved in the settlement of this claim $2,027.02 B 5. James A. Tresmond Claim for eyeglasses that were damaged in the line of duty as a tractor trailer operator in the Department of Street sanitation. There is no Insurance Company involved in the settlement of this claim. $125.00 B 6. Carol Wiles Claim for damages to a 1989 Buick Century. Sugar was poured into the gas tank of a supervisor of various summer youth workers after disciplinary actions. There is no Insurance Company involved in the settlement of this claim $165.45 B 7. Johnnie Young Claim for damage to a 1985 Nissan vehicle while it was at the Tonawanda Impound Garage in the care, custody and control of the City. There is no Insurance Company involved in the settlement of this claim. $2,400.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. *AYES- 11 NOES- 0. * BELL AND FRANCZYK VOTED IN THE NEGATIVE ON B-5, 6 and 7 ONLY. No. 104 Miscellaneous That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: C 1. Jefferson Insurance Company of New York This is a claim for an insurance deductible clause in the policy with Jefferson Insurance Company who insures the City of Buffalo with regard to the Lighted Schoolhouse Program. Pursuant to contract agreement, Jefferson Insurance has filed a claim for the $1,000.00 deductible. $ 1,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 11 NOES- 0. No. 105 Miscellaneous Contract That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 1. C & A Painting Contractors, Inc. and Quinn & McGarry, P.C. As Attorneys This is a claim for breach of contract over painting work done during the rehabilitation of the West Ferry St Bridge in May 1988. There is no Insurance Company involved in the settlement of this claim. $ 20,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 11 NOES- 0. No. 106 Miscellaneous Insurance That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: E 1. Maureen Minnes Claim for life insurance coverage under the City of Buffalo's collective bargaining agreement with Local 650. George Minnes was an active City employee with the Division of Engineering holding the permanent civil service position of Sign Inspector. Under the terms of Local Collective Bargaining agreement, Mr. Minnes was to be insured for $10,000.00. Mr. Minnes was eighty-two years old at the time of his death on September 26, 1993 and under the terms of the Group Life Insurance Policy with Companion Life of New York, employees who reach the age of seventy-five have their insurance coverage reduced to $3,000.00. $ 7,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel the proper releases where such releases are indicated. PASSED. AYES- 11 NOES- 0. No. 107 Miscellaneous Refund/Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: F1. Susan M. Fessel Claim for reimbursement of expenses incurred for food and other miscellaneous items connected with the injury to Michael J. Fessel who was working as a lifeguard at the Kensington-Grider Pool. He was assaulted by an unknown assailant who broke his jaw. There is no Insurance Company involved in the settlement of this claim. $ 245.13 F2. Chester Franczyk Claim for prior fiscal year Blue Cross prescription reimbursement per Fire Contract Article VI, Section 4, for a retired employee of the Fire Department. $ 154.77 F3. Dale B. Greenwood Claim for a refund of the proceeds from the auction of the claimant's vehicle a 1941 Chevrolet on April 10, 1991. The vehicle was auctioned for $1,125.00, costs incurred to the City for towing and storage was $477.50. The net proceeds are $647.50 to be distributed as follows: Dale B. Greenwood $ 94.50 City of Buffalo Parking Violations Bureau $ 553.00 There is no Insurance Company involved in the settlement of this claim. F4. Jacqueline Kaminski Claim for reimbursement of monies deducted from Ms. Kaminski's paycheck in error for medical insurance while working as a Crossing Guard for the City of Buffalo. $ 260.00 F 5. Old First Ward Community Center Item No. 83, C.C.P., 09/21/93 Claim for reimbursement for money paid to National Fuel Company for heating costs prior to the claimants occupying the building at 62 Republic Street. This occurred during to construction delays. There is no Insurance Company involved in the settlement of this claim. $3,765.32 F 6. Pasquale Pazzuti Claim for prior fiscal year Blue Cross prescription reimbursement per Fire Contract Article VI, section 4, for a retired employee of the Fire Department. $ 118.59 F 7. Scajaquada Little League Claim for prior fiscal year refund of unused Bingo License #1053 fee paid due to the cancellation of twenty -three bingo occasions. There is no Insurance Company involved in the settlement of this claim. $ 152.50 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel the proper releases where such releases are indicated. PASSED. AYES- 11 NOES- 0. No. 108 Miscellaneous Invoices That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: G 1. Buffalo Columbus Hospital Claim for services rendered to Police Officer, James Reese who was injured on duty and required medical treatment in a prior fiscal year. $ 201.29 G2. Buffalo General Hospital Claim for services rendered to Firefighter, William Craft who was injured on duty and required medical treatment in a prior fiscal year. $ 224.30 G 3. Joseph Buran, M.D. Claim for services rendered to Police Officer, Thomas Armitage who was injured on duty and required medical treatment in a prior fiscal year. $2,292.84 G 4. Cardiology Group of W.N.Y. Claim for services rendered to Police Officer, Antonio Manzella who was injured on duty and required medical treatment in a prior fiscal year. $3,592.06 G5. Crown Collision Claim for prior fiscal year Invoice for the repair of P/W Division of Buildings Van #B-37. The Van was involved in an accident with a private individual's vehicle on March 5, 1993. The Department of Law settled with the insurance carrier, National Grange Mutual Insurance Company for the cost of the repair of the Van. The check was deposited in the General Fund. The repair invoice was received after the new fiscal year began and therefore must be paid through claims. $2,116.83 G 6. Data-Mation Item No. 63, C.C.P., 11/16/93 Claim for prior fiscal year Invoice #6393 for services rendered to the City Clerk's Office for the printing of dog summonses in February 1991. $1,960.00 G 7. Elmwood Tank & Piping Corporation Claim for prior fiscal year Invoice #T18821 for services rendered to the Police Department and Invoice #T17091 for services rendered to the Fire Department. $2,614.16 G 8. Robert Erickson, D.O. Claim for services rendered to Firefighter, P. Britzzalaro in a prior fiscal year. $ 129.10 G 9. Lawyers Cooperative Publishing Company Claim for prior fiscal year Invoices #161101, #0424001, #0569001, #0629001, #1049001, #1883001 and #0422001 for services rendered to the Department of Law. $ 361.25 G 10. Niagara Mohawk Power Corporation Item No. 45, C.C.P., 11/30/93 Claim for prior fiscal year final bill for services associated with City owned property at 2038 Genesee Street. Due to stalled renovation plans, electric service was terminated on June 21, 1993 by Community Development. Niagara Mohawk did not perform a final meter reading until August 5, 1993. $ 103.72 G 11. Price Waterhouse Item No. 78, C.C.P., 07/20/93 Claim for prior fiscal year invoice for the contract for the Housing Preservation Study. Due to a technical error the contract was not executed but Price Waterhouse started work on the project. $15,000.00 G 12. Schaefer Plumbing Supply Company, Inc. Claim for prior fiscal year Invoice #19102 for services rendered to the Division of Buildings at the Delaware Park Casino. $1,522.08 G 13. Shepard's/McGraw-Hill, Inc. Claim for prior fiscal year Invoice #IR033622 for services rendered to the Department of Law. $ 738.80 G 14. Sisters of Charity Hospital Claim for services rendered to Firefighter, Jan Young who was injured on duty and required medical treatment in a prior fiscal year. $ 661.89 G 15. Beverly F. Stewart, P.T. Claim for services rendered to Firefighter. Chester Pawarski who was injured on duty and required medical treatment in a prior fiscal year. $ 112.59 G 16. University Radiology at E.C.M.C., P.C. Claim for services rendered to Police Officer, Kenneth Barney who was injured on duty and required medical treatment in a prior fiscal year. $ 142.55 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 11 NOES- 0. No. 109 Miscellaneous Payroll - That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: H 1. David Calamita Claim for a prior fiscal year adjustment of a salary increment for an employee of P/W Division of Buildings Mechanical Services. The claimant was laid off for a period of time and his starting date in terms of increment wage steps was not computed and now the adjusted payment must he paid through claims. $ 156.72 H 2. Ann Capizzi Claim for a prior fiscal year dental in lieu payment for a retired City employee. Due to a clerical error the employee was omitted from the list submitted for payment In the proper fiscal year. $ 120.00 H 3. James C. Cavanaugh Claim for a prior fiscal year dental in lieu payment for a laid off City employee. Due to a clerical error the employee was omitted from the list submitted for payment in tide proper fiscal year. $ 187.50 H 4. William Delano Claim for a prior fiscal year medical/dental in lieu payment for a Police Officer of the City of Buffalo $ 550.00 H 5. Patrick McNamara Claim for a prior fiscal year medical in lieu payment for an employee of Inspections and Community Revitalization. $ 240.00 H 6. Stephen J. Palmisano Prior fiscal year difference in pay claim for acting time for performing the duties of Principal Architect for the period January 15, 1993 to June 30; 1993 pursuant to a grievance arbitration award PERB Case #A93-202 dated November 12, 1993. $1,718.64 H 7. Aloysius Skierczynski Claim for a prior fiscal year medical in lieu payment for a retired City employee. Due to a clerical error the employee was omitted from the list submitted for payment in the proper fiscal year. $ 360.00 That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES- 11 NOES- 0. No. 110 Report To Claims Committee I 1. Jenny Ball Item No. 98, C.C.P., 10/05/93 On June 22, 1989, Jenny Ball was riding her bicycle near the corner of Colvin and Colton. At the corner, there was a depression between the curb and sidewalk. This was in a grassy area and not in the street or on the sidewalk. Ms. Ball rode her bicycle across this area and fell. The lawsuit is still pending. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Higgins now moved: The approval of the claim of Jenny Ball in the amount $800.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Year', payable to the respective claimants or plaintiffs and their attorneys hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES- 11 NOES- 0. No. 111 Report To The Claims Committee I 2. Joseph F. Giglia This claim was tabled at the Claims Committee Meetings of June 29, 1993 and September 28, 1993. Mr. Giglia is claiming damage to his roof at 2152 Seneca Street from overhanging tree branches from a City owned tree. There is no prior written notice of a hazardous condition on file in the City Clerk's Office. Mr. Giglia's claim is for $695.00 to the roof and $175.00 to merchandise for a total of $870.00. That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Higgins now moved that the above item be received and filed. ADOPTED. No. 112 Report To The Claims Committee I 3. David S. Sikorski This claim was tabled at the Claims Committee Meeting of June 29, 1993 waiting for a report from the Division of Water. A few years ago Destro Brothers installed new sidewalks and curbs on Frank Street and they also resurfaced the street. Mr. Sikorski claims that his water shut off risor was improperly installed and ultimately led to a shifting and breakage in his water line. His bill from the plumber to replace the line and curb box is in the amount of $1,600.00. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Higgins now moved: The approval of the claim of David S. Sikorski in the amount of $1,600.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES- 11 NOES- 0. No. 113 Report To The Claims Committee I 4. Buffalo Municipal Housing Authority Item No. 89, C.C.P., 07/06/93 Claim for prior fiscal year payment of the City Subsidy for the State Low-Income Housing Program unpaid deficit of $358,009.95 for City fiscal year July 1, 1990 to June 30, 1991 and $483,521.66 for City fiscal year July 1, 1991 to June 30, 1992 for a total of $841,531.61. That the above item be, and the same hereby is, returned to the Common Council without recommendation. The approval of the claim of the Buffalo Municipal Housing Authority in the amount of $841,531.61 That checks be drawn on the proper account payable to the respective claimant hereinabove named, in the amount hereinabove stated. PASSED. AYES- 11 NOES- 0. CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 114 Amend Salary Ordinance Amendment Department of Fire (Item No. 139, C.C.P., Nov. 16, 1993) That this Common Council directs the Department of Administration and Finance to prepare an amendment to the Salary Ordinance for the Department of Fire, removing (3) Assistant Fire Alarm Dispatcher positions; and That the amended Salary Ordinance for the Department of Fire be submitted to this Common Council as soon as is practicable for final approval by this body. ADOPTED. No. 115 Overtime Pay/Deputy Police Commissioner (Item # 92 CCP Sep 21, 1993) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 116 Overtime Pay Deputy Police Commissioner (Item # 93 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Overtime Pay Deputy Police Commissioner (Item # 94 CCP Sep 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Overtime Pay Deputy Police Commissioner (Pol) (Item # 59 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Budget Deficit/World Games Overtime (Compt) (Item # 18 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Overtime Pay-Deputy Police Commissioners (Compt) (Item # 25 CCP Nov 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 NYS Criminal Justice/Funding Police Overtime World Games (Item # 95 CCP Nov 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 NYS Criminal Justice/ Funding Exempt Employees/World Games (Item # 96 CCP Nov 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Request Report On Report Technician Promotional Exam (Item # 195 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Information/Report Technician Promotional Exam (CSC) (Item # 63 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Appointment Audit & Control/Assistant Auditor That Communication No 16 Oct 19, 1993 be received and filed and the Provisional appointment of Ronald N. Lunghino stated above at the Intermediate salary $25,942.00 effective on Aug 11, 1993 is hereby approved. PASSED. AYES- 11 NOES- 0. No. 126 Information/ Appt. Supervising Hearing Examiner (A&F) (Item # 54 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Appointment Audit & Control/Assistant Auditor That Communication No 21 CCP Nov 16, 1993 be received and filed and the Provisional appointment of Christine M. Petschke stated above at the Intermediate salary $25,942.00 effective on Sep 28, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 128 Appointment Audit & Control/Systems Support Analyst That Communication No 15 CCP Nov 30, 1993 be received and filed and the Permanent appointment of Ellen Kelly stated above at the Maximum salary $37,552.00 effective on Nov 22, 1993 is hereby approved. PASSED. AYES- 11 NOES- 0. No. 129 Appointment Audit & Control/Systems Analyst That Communication No 16 CCP Nov 30, 1993 be received and filed and the Permanent appointment of James Seguin stated above at the Maximum salary $37,552.00 effective on Nov 22, 1993 is hereby approved. PASSED. AYES- 11 NOES- 0. No. 130 Appointment Assessment/Senior Clerk That Communication No 17 CCP Nov 30, 1993 be received and filed and the Provisional appointment of Florence M. Nowicki stated above at the Maximum salary $22,780.00 effective on Nov 12, 1993 is hereby approved. PASSED. AYES- 11 NOES- 0. No. 131 Appointment Human Resources/Stenographer That Communication No 58 CCP Nov 30, 1993 be received and filed and the Temporary appointment of Sharon A. Fay stated above at the Intermediate salary $20,753.00 effective on Nov 18, 1993 is hereby approved. PASSED. AYES- 11 NOES- 0. No. 132 Appointment Human Resources/Typist That Communication No 59 CCP Nov 30, 1993 be received and filed and the Permanent appointment of Christine Carr stated above at the Maximum salary $21,352.00 effective on Nov 9, 1993 is hereby approved. PASSED. AYES- 11 NOES- 0. No. 133 Appointment Human Resources/Assistant Coordinator For Lighted Schoolhouse That Communication No 60 CCP Nov 30, 1993 be received and filed and the Temporary appointment of Kelly Buczkowski stated above at the Intermediate salary $22,538.00 effective on Nov 22, 1993 is hereby approved. PASSED. AYES- 11 NOES- 0. No. 134 Notices of Appointments (C.Clerk) That the above mentioned item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 135 Order Work/Erie Marina Project/Phase Four (PW) (Item # 25 CCP Nov 25, 1993) That the above mentioned Item be and the same is hereby referred to the Erie Basin Marina Committee. Mr. Fahey moved That the communication from the Commissioner of Public Works requesting Order Work/Erie Marina Project/Phase Four as more fully described in Item No. 25, C.C.P., Nov. 30, 1993 be, and hereby is, approved. PASSED. AYES- 11 NOES- 0. No. 136 Ordinance Amendment New Chapter 141 Collection of Arrears (Item No. 198, C.C.P., Oct. 19, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 137 Ordinance Amendment To Chapter 175 Fees (Item No. 199, C.C.P., Oct. 19, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 138 Ordinance Amendment/Collection Of Arrears (A&F) (Item # 57 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Buffalo Village Associates Refund of Excess Property Taxes (Item No. 94, C.C.P., Sep. 7, 1993) That the Comptroller be, and he hereby is authorized to draw a check on the appropriate account in the sum of $29,299.68 payable to Belmont Management Co., Inc., agent for Buffalo Village Associates, said check representing the city share of excess real property taxes paid for fiscal year 1992-93 relating to properties: 76 Johnson Park 269-273 Georgia Street 111 Prospect Avenue 66 Whitney Place 186-190 Carolina Street 59 Whitney Place 222 Carolina Street 33-37 Whitney Place 209-211 Carolina Street PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- COPPOLA - 1. No. 140 Buffalo Village Associates, Tax Cap (CC) (Item # 40 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Shoe Shine Stand - City Hall Lobby (Item No. 90, C.C.P., November 3, 1993) That, in order to comply with provisions of Section 23 of the General City Law, the Commissioner of Public Works be, and he hereby is, authorized and directed, to request additional proposals for the operation of a shoe shine stand in City Hall under similar terms and conditions as has been proposed by Geoffrey Odam in the referenced communication and to report to the Common Council the results of such solicitation. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS. PERLA, PITTS- 10. NOES- ZUCHLEWSKI- 1. No. 142 Shoeshine Stand/City Hall (PW) (Item # 28 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Shoeshine Stand/City Hall (CC) (Item # 37 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 144 Delta-Sonic Car Wash, Petition to use 1264 Main Street (Item No. 82, C.C.P., Nov. 30, 1993) That after a public hearing before the Committee on Legislation on December 7, 1993, the petition of Delta-Sonic Car Wash, owner, for permission to use 1264 Main Street for a pole sign be, and hereby is approved. PASSED. AYES- 11 NOES- 0. No. 145 Delta-Sonic Car Wash, Petition to use 1006 McKinley Parkway (Item No. 83, C.C.P., Nov. 30, 1993) That after a public hearing before the Committee on Legislation on December 7, 1993, the petition of Delta-Sonic Car Wash, owner, for permission to use 1006 McKinley Parkway, be and hereby is approved on the conditions that the sign face area is no larger than 35 sq. feet with an overall height limited to 18 feet. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- FAHEY- 1. No. 146 Buffalo Police Department/Integration (Item # 127 CCP Nov 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Buffalo Police Department/Integration (Item # 128 CCP Nov 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 R. Griffin/Assistance With Repairs/170 Peach (Item # 73 CCP Nov 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Snow Control Plan 1993-1994 (Item # 49 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 150 HOME Funding for 220 Delaware Avenue Jackson Building (Item No. 180, C.C.P., Nov. 3, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell now moved: That the City of Buffalo Department of Community Development, permission is hereby granted, to use $400,000 of U.S. Department of Housing and Urban Development HOME Rental Rehabilitation program funding to support the conversion of 220 Delaware Avenue by Jacobi Development, subject to the terms and conditions as contained in Item No. 180, C.C.P., November 3, 1993, and That the use of $400,000 in HOME Funds is contingent upon firm commitment of financing for the project from the Housing Finance Agency. PASSED. AYES- 11 NOES- 0. No. 151 Housing Preservation Study Final Report (Item No. 108, C.C.P., Oct. 5, 1993) That this Common Council has reviewed the above item in detail with representatives at its Economic Development Committee Meeting of December 8, 1993; and That this Common Council has also reviewed the item with the Commissioner of the Department of Inspections & Community Revitalization and his staff; That the above item, Price Waterhouse Housing Preservation Study Report be, and hereby is adopted in its entirety. ADOPTED. RESOLUTIONS No. 152 By: Mr. Arthur Councilmember LoTempio Excused That Councilmember LoTempio be and hereby is excused from attendance at the meeting of December 14, 1993 due to absence from the city. ADOPTED. No. 153 By: Mr. Arthur Request Civil Service Commission to Deny Waiver of Probationary Period --Firefighter Sumbrum Whereas: The Buffalo Civil Service Commission is considering a waiver of the mandatory probationary period for various firefighters including former commissioner of Street Sanitation Bart Sumbrum; and Whereas: When this Common Council was considering the reconfirmation of Mr. Sumbrum as Commissioner of Street Sanitation the question was put to Mr. Sumbrum as to whether he planned to request a waiver of any or all of the balance of his probationary period in the event that he return to his position in the Fire Department; and Whereas: In an official communication to the Council, attached to and part of Item Number 131 of January 5, 1993, Mr. Sumbrum stated: "I intend to serve all of the remainder of my probationary period when I return to my position in the Fire Department." Now Therefore Be It Resolved: That this Common council requests the Civil Service Commission to deny this request for a waiver of the probationary period for Firefighter Bart Sumbrum in light of the assurances that were made by Mr. Sumbrum to this Common Council at the time of his reconfirmation as Commissioner of Street Sanitation. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- FAHEY- 1. No. 154 By: Mr. Bell Request Masiello Administration To Increase Appropriation for Housing Rehabilitation Loans in 20th Year Community Development Block Grant Whereas: One of the primary recommendations of the recently completed Price Waterhouse Housing Preservation Study is for the Inspections Division to develop a systematic code enforcement plan on a proactive rather than reactive basis; and Whereas: Public Officials, Community Based Organizations, and Community Activists agree with this assessment, but recognize that a systematic code enforcement policy without an adequate rehabilitation Joan program will create extreme hardships for some city residents; and Whereas: Housing Specialists at every Community Based Organization complain that they run out of rehab loan funds annually before they can accommodate a fraction of the applicants; and Whereas: A high percentage of homeowners in the City of Buffalo are very low, low, or moderate income people who do not have the means available on their own to correct housing code violations; and Whereas: If housing rehabilitation loan funds are not available to these low to moderate income people, code violations will not be corrected subjecting the homeowners to housing court fines, in effect punishing them for being poor; and Whereas: In order to fully implement a strict code enforcement plan, a greater amount of rehab loan funds must be made available; Now, Therefore, Be It Resolved: That this Common Council formally request the Masiello Administration to review the Community Development Block Grant Rehabilitation Loan program and commit to restructuring the 20th Year Block Grant with an emphasis on providing an increased appropriation for rehabilitation loans; and Be It Further Resolved: That the City Clerk be directed to forward a certified copy of this resolution to Mayor - Elect Anthony Masiello. ADOPTED. No. 155 By: Mr. Collins Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $7,560 be and the same is hereby transferred from the Reserve for Capital improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $7,560 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $7,560 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $7,560 To: 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction - City owned Swimming and Diving Pools $7,560 PASSED. AYES- 11 NOES- 0. No. 156 By: Mr. Collins Transfer of Funds Fringe Benefits - NYS Police & Fire Retirement System Parking Enforcement - Towing and Storage Operations That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $634,000 be and the same is hereby transferred from Fringe Benefits - NYS Police & Fire Retirement System account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 813 - Fringe Benefits 151 - NYS Police & Fire Retirement System $634,000 To: 100 General Fund 064 - Parking Enforcement 31 - Towing and Storage Operations 551 - Rentals of Land & Buildings $634,000 PASSED. AYES- 11 NOES- 0. No. 157 By: Mr. Collins Increased Appropriation Reserve for Capital Appropriations Civil Service Commission That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Civil Service Commission be and the same hereby is increased in the sum of $250. That, the comptroller be and hereby is authorized and directed to transfer the sum of $250 from 100-890-050 - Reserve for Capital Budget Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 050 - Civil Service Commission 085 - Capital Outlay 983 - Office Equipment & Furnishings $250 PASSED. AYES- 11 NOES- 0. No. 158 By: Mr. Fahey Bicycle Planning for the City of Buffalo Whereas: The Intermodal Transportation Efficiency Act of 1991 (ISTEA) established the goal of a fully intermodal transportation system for the United States; and Whereas: NYSDOT is in the process of redefining its role as an intermodal transportation department; and Whereas: Bicyclists and pedestrians are significant partners in the effort to provide a truly intermodal transportation system, and carefully planned bicycle routes and facilities can play a significant role in improving both the quality of life and the environment of urban areas; and Whereas: ISTEA provides funding for its goals, paying 80% of the cost of enhancement projects and designating 10% of federal transportation spending in a region to enhancement projects; and Whereas: Upstate New York is eligible for $42.8 million over the next five years under ISTEA and Buffalo should be aggressively applying for ISTEA funds to build up its bicycle transportation infrastructure; and Whereas: With the exception of the Riverwalk, the Scajaquada Pathway, and striped areas on McKinley Parkway and Richmond Avenue, Buffalo has done little to encourage bicycling as a safe and feasible form of transportation; and Whereas: City representatives have been resistant to the inclusion of a bicycle plan as part of the Niagara Frontier Transportation Commission's (NFTC's) current work on a transportation master plan; and Whereas: While liability and other issues need to be fully considered there is far more to be gained from moving ahead with bicycle planning than from foot dragging; Now Therefore Be It Resolved, That: This Common Council affirms its support for bicycle routes and facilities within the City of Buffalo and requests the Departments of Community Development and Public Works to present creative and bold plans to the Council for encouraging the use of bicycles for transportation and recreation; and Be It Further Resolved, That: This Council requests the City representatives to the NFTC to cooperate with the NFTC in developing a bicycle component for the NFTC master plan and report back to the Common Council on their progress in this matter. ADOPTED. No. 159 By: Messrs. Fahey, Franczyk, Higgins and Pitts Report on Status of Local Federally Funded Highway Demonstration Projects Whereas: The Federal Government allocated approximately $50 million in funds earmarked for major highway improvement projects in the City of Buffalo; and Whereas: Two projects sponsored years ago by former Congressman Henry J. Nowak as special additions to massive federal highway laws called for $38.5 million to build a tunnel under the Buffalo River and $12 million slated for the reconstruction of Fuhrmann Blvd. to allow public access to the outer harbor; and Whereas: Both highway projects are situated within the waterfront area that the Horizons Waterfront Commission oversees, but the Horizons Commission elected to defer all interest regarding these projects to the City of Buffalo citing a work overload attributed to the inner harbor/arena project; and Whereas: Because of the City's inability to expedite these projects, the White House and House Appropriations Committee have begun action to retract the $50 million in funding based on the lack of utilization by the city; and Now, Therefore Be It Resolved That: This Common Council requests the Department of Public Works to file a report detailing the current status of the above stated Federal highway reconstruction projects and include all other federally funded construction projects pending within the city; and Be It Further Resolved That: The Horizons Waterfront Commission file a report detailing their rationale for deferring interest and failing to prioritize this highway reconstruction project within the waterfront area; and Be It Further Resolved That: This Common Council supports the above stated highway improvement projects for the city of Buffalo and urges our representatives in the Federal Government to maintain the necessary funding to initiate these highway improvements; and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to United States senators Daniel P. Moynihan and Alfonse M. D'Amato and United States Congressmen L. William Paxon, John J. LaFalce and Jack Quinn. ADOPTED. No. 160 By: Mr. Franczyk Appt. Temporary Member Board of Assessment Review Whereas: The Department of Assessment expects a high number of assessment complaints this year due to last year's Assessment Update; and, Whereas: This Body approved the funding for a four member Temporary Board of Assessment Review to assist in handling an anticipated 4,000 assessment complaints filed for fiscal year 1994-95; and, Whereas: The Commissioner of Assessment has requested that this Body appoint four members to the Temporary Board to the anticipated complaints for the fiscal year stated; and, Whereas: Robert J. Zielinski recently retired from the City of Buffalo's Department of Assessment, where he served as "Principal Assessor" for almost 14 years, and has a total of 27 years experience with that Department; and, Whereas: Mr. Zielinski's experience with assessment matters qualifies him to serve as a member of the Temporary Board of Assessment Review; Now, Therefore, Let It Be Resolved That: This Body appoint Robert J. Zielinski of 40 Lyman St., Buffalo, N.Y. to the Temporary Board of Assessment Review for complaints filed for the fiscal year 1994-95. ADOPTED. No. 161 By: Mr. Higgins Union Ship Canal Redevelopment Proposal Real Property Tax Liens Whereas, Cuychoga Equipment Corporation is the owner of the parcel of land in the City of Buffalo, commonly known as the Union Ship Canal, located at 1800-1818 Fuhrmann Boulevard; and Whereas, Cuychoga Equipment Corporation hag filed a Chapter 11 bankruptcy petition; and Whereas, the City of Buffalo holds approximately $420,000 in Secured pre-bankruptcy petition real Property liens for 1983-84 through 1986-87 tax years; and Whereas, Fuhrmann Tifft Development Corporation has been formed to explore development of this Property and, if feasible, acquire and develop this Property consistent with development goals of the City of Buffalo and the City of Lackawanna; and Whereas, an initial step in exploring such development is the acquisition of an option from the bankruptcy trustee by Fuhrmann Tifft Development Corporation conditioned upon the release by the City of Buffalo of its Secured lien status with respect to such pre-petition real taxes (the City thus becoming an unsecured creditor with respect to such taxes); Now, Therefore, Be It Resolved, that the Corporation Counsel be and hereby is authorized to consent to a conditional release of such liens on the following terms: 1. That such release is only upon acquisition of the Property in fee simple title by Fuhrmann Tifft Development corporation. 2. That Fuhrmann Tifft Development Corporation Provide to the Common Council a development plan for approval by the Council and the City of Lackawanna prior to exercising any option to acquire the property. 3. That Fuhrmann Tifft Development Corporation Provide evidence to the Common Council, in form and content acceptable to the Council, of sufficient resources to complete such development plan including, without limitation, environmental remediation prior to exercising such option. 4. That the County of Erie agree to release its comparable Secured liens for such real property concurrent with the City's consent. 5. That such development plan be consistent with the City's Local Waterfront Revitalization Plan and coastal zone zoning ordinances. 6. That if such option is not exercised, Fuhrmann Tifft Development Corporation shall Provide to the City, at no cost or expense to the City, all environmental studies and reports in their possession with respect to the property. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 162 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 (except Parking Violations Bureau) 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, fewer 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 AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 163 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 wherein litigation is commenced - 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 AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 164 By: Mr. Pitts Salary Ordinance Amendment 06 - Department of Administration & Finance 1 - Division of Budget and Management 001 - Administrative Services The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 06-1 Division of Budget and Management under the subheading "001- Administrative Services" is hereby amended by adding the following: 1 Stenographic Secretary $23,971 - $27,636 We, Salvatore Morreale, Sr. Budget Examiner and Richard Planavsky, Commissioner of Administration and Finance hereby certify that the addition of one (1) Stenographic Secretary is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 165 By: Mr. Pitts Salary Ordinance Amendment 20 - Department of Police 1993-94 The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to various departments listed below, is hereby amended as follows: (Note: Old salaries are in brackets) 20-2 Bureau of Special Services TEMPORARY SERVICES AS REQUIRED Civilian School Crossing Guard Hourly (5.49 -6.53) 5.71 - 6.80 This ordinance shall be effective retroactive to July 1, 1993. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Richard T. Donovan, Commissioner of Police and Richard Planavsky, Commissioner of Administration and Finance, recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be sub-served by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 11 NOES- 0. No. 166 By: Mr. Pitts Ordinance Amendment Section 9 of Chapter 35 Salary and Wage Schedule "K" 1993-94 The Common Council of the City of Buffalo does hereby ordain as follows: That part of Subsection (a) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo relating to Salary and Wage Schedule "K" is hereby amended to read as follows: 1993 Salary and Wage Schedule "K" Salary Grade 1st Step 2nd Step 3rd Step 4th Step 5th Step 1 5.71 6.00 6.27 6.53 6.80 This schedule is applicable to Members of the School Crossing Guards. This schedule shall be effective retroactive to July 1, 1993. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 11 NOES- 0. No. 167 By: Mr. Pitts Ordinance Amendment Section 9 of Chapter 35 Salary and Wage Schedule "E" International Union of Operating Engineers, Local #71 The Common Council of the City of Buffalo do ordain as follows: That Subdivision (A) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo, relating to Salary and Wage Schedule "E", Local #71 of the International Union of Operating Engineers, is hereby amended to read as follows on the attached schedules: and That the salaries shall take effect as of the effective dates on the attached schedules. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 11 NOES- 0. SALARY AND WAGE SCHEDULE "E' 1993-94 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 21,369 22,206 23,040 23,876 24,714 2 22,105 22,986 23,868 24,747 25,629 3 24,933 26,015 27,102 28,182 29,265 4 26,483 27,734 28,981 30,230 31,478 5 27,794 29,178 30,562 31,947 33,333 6 28,973 30,409 31,844 33,275 34,711 7 32,172 33,759 35,345 36,955 38,624 8 41,081 43,146 45,215 47,378 49,540 9 31,200 This Schedule "E" shall be effective retroactive to July 1,1993. SALARY AND WAGE SCHEDULE "E" 1994-95 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 22,437 23,316 24,192 25,070 25,950 2 23,210 24,135 25,061 25,984 26,910 3 26,180 27,316 28,457 29,591 30,728 4 27,807 29,121 30,430 31,742 33,052 5 29,184 30,637 32,090 33,544 35,000 6 30,422 31,929 33,435 34,939 36,447 7 33,781 35,447 37,112 38,803 40,555 8 43,135 45,303 47,476 49,747 52,017 9 32,760 This Schedule "E" shall become effective on July 1,1994. These schedules are applicable to members of local #71 of the International Union of Operating Engineers. No. 168 By: Mr. Pitts Salary Ordinance Amendment Various Departments Local #71 (Operating Engineers) The Common Council of the city of Buffalo does hereby ordain as follows: That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to the various departments listed below, relating to positions covered by the Local 71 bargaining agreement, is hereby amended to read as follows: (Note: Old salaries are in brackets 24 - DEPT INSP & COMM. REVITALIZATION 1- DIV OF HOUSING & PROPERTY INSPECTION 11 - INSPECTIONS AND ENFORCEMENT 1 BOILER ( 26,725-32,051) 27.794 -33,333 3 COMBUSTION INSP ( 26,725 -32,051) 27,794 -33,333 40 - DEPARTMENT OF PUBLIC WORKS 2 - DIVISION OF BUILDINGS 031 - OPERATION & MAINT. OF PUBLIC BLDGS. 1 PRINCIPAL CHIEF STATIONARY ENGINEER ( 30,935-37,138) 32,172-38,624 1 MARINE OILER/SR. FIRST CLASS STATRY ENGINEER (30,000) 31,200 1 ASST MARINE ENG/SR 1ST CLASS STATIONARY ENG (30,000) 31,200 1 MASTER OF FIRE BOAT/SR. 1ST CLASS STATRY ENG (30,000) 31,200 12 SENIOR FIRST-CLASS STATIONARY ENGINEER ( 23,974-28,139) 24,933-29,265 61 - STADIUM & AUD. - PILOT FIELD 1 PILOT FIELD STADIUM 031 - OPERATION AND MAINTENANCE 1 SPRVSR OF ENG & TECHNICAL OPERATION (PIL FIELD) ( 30,935-37,138) 32,172 -38,624 1 SENIOR FIRST-CLASS STATIONARY ENGINEER ( 23,974-28,139) 24,933-29,265 61 - STADIUM & AUDITORIUM 2 - MEMORIAL AUDITORIUM 031 - OPERATION AND MAINTENANCE 1 PRINCIPAL CHIEF STATIONARY ENGINEER (AUD) ( 30,935-37,138) 32,172-38,624 1 SENIOR FIRST-CLASS STATIONARY ENGINEER ( 23,974-28,139) 24,933-29,265 98 - DEPARTMENT OF WATER 012 - FILTRATION PLANT 1 MAINTENANCE ASSISTANT (WATER) ( 21,255-24,643) 22,105 - 25,629 014 - INTAKE PIER TOWER & TANKS 1 PUMPING PLANT SUPERINTENDENT ( 39,501-47,635) 41,081-49,540 4 CHIEF PUMPING PLANT ENGINEER ( 27,859-33,376) 28,973-34,711 4 PUMPING PLANT OPERATOR ( 26,725-32,051) 27,794-33,333 2 SENIOR FIRST-CLASS STATIONARY ENGINEER ( 23,974-28,139) 24,933-29,265 10 MAINTENANCE ASSISTANT (WATER) ( 21,255-24,643) 22,105-25,629 This ordinance shall be effective retroactive to July 1, 1993. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Joseph V. Schollard, Commissioner of Inspections and community Revitalization, Robert A. O'Hara, Commissioner of Public Works, John P. Scanlon, Chairman, Board of Stadium and Memorial Auditorium and Richard Planavsky, Commissioner of Administration and Finance recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 11 NOES- 0. No. 169 By: Mr. Pitts Set Public Hearing: Masten/Kingsley New Housing Project Approval of Land Disposition Agreement Aicha Construction Company, Inc. Whereas, Aicha Construction Company, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of five (5) residential units of new housing known as the Masten/Kingsley New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 17th day of December 1993. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 28th day of December 1993. ADOPTED. No. 170 By: Mr. Pitts Set Public Hearing: 400 Pratt Street-former School 47 Site Pratt Willert Revitalization Area James Management Company, Inc., Redeveloper Whereas, James Management Co., Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of four (4) residential units of new housing in the Pratt Willert Revitalization Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 17th day of December 1993. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 28th day of December 1993. ADOPTED. No. 171 By: Mr. Pitts Discharge Civil Service Committee Salary Ord. Amendment - Various Depts. Local 264 - Upgradings (Item 175, C.C.P., November 3, 1993) Whereas, the above item is currently tabled in the Civil Service Committee, and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Civil Service Committee from further consideration of this item, and the item is now before the Common Council for its consideration. ADOPTED. The Item is now before the Common Council for its consideration. Mr. Fahey now moved that Item No 175, C.C.P. November 3, 1993 be and the same is hereby approved. Seconded by Mr. Coppola. PASSED. AYES- 11 NOES- 0. No. 172 By: Messrs. Zuchlewski and Franczyk NY State Grant Funds for Recycling and Waste Reduction Whereas: New York State is currently alerting local municipalities regarding funds which will soon be available to pay for recycling and waste reduction efforts; and Whereas: Regulations are now being written on 50% matching grants from the NYSDEC for both waste reduction and recycling programs; and Whereas: In addition, there is also funding available under the DEC's Local Resource Reuse and Recovery Program, which pays 75% of the cost of waste reduction education and promotion projects; and Whereas: Recycling and waste reduction projects can have major positive impacts not only on the environment, but also on the city's finances through lowered collection and disposal costs; and Whereas: In particular, grants might be useful in encouraging commercial and residential waste reduction efforts, in expanding the city's home composting program past the pilot stage and in improving participation rates in the recycling program by educating and motivating residents; Now Therefore Be It Resolved, that: This Common Council requests the Department of Public Works to investigate currently offered New York State grant programs relative to recycling and waste reduction and to report back on the feasibility of securing such grants for the City. ADOPTED. No. 173 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 Marian Anderson By Councilmember Collins Felicitation for Joshua and Annie Mae DuBois By Councilmember Arthur ADOPTED. No. 174 By: Mr. Zuchlewski Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: David J. Czajka Suzanne E. Dossinger Gerald P. Fronckowiak Violet B. Hall Gregory J. Jacobs Arthur L. Kane Patricia R. Lasota Nancy J. Lauria Sharon S. Levy Maureen A. O'Connell Stuart R. Rubin Robert R. Sanford Lydmia V. Santiago TOTAL: 13 ADOPTED. No. 175 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: Cynthia Compito Mark S. Nemeth Minnie L. Slaughter Susan Lumadue TOTAL: 4 ADOPTED. UNFINISHED BUSINESS No. 176 Bond Res. - $80,000 - Dawson Park (Item No. 147, C.C.P., Nov. 30, 1993) Mr. Fahey moved that the above item be taken from the table. Seconded by Mr. Perla. CARRIED. Mr. Fahey now moved that the above item be approved. Seconded by Mr. Zuchlewski. PASSED. AYES- 11 NOES- 0. No. 177 Bond Res. - $225,000 - Kingsley Remediation Item No. 148, C.C.P., Nov. 30, 1993) Mr. Fahey moved that the above item be taken from the table. Seconded by Mr. Perla. CARRIED. Mr. Fahey now moved that the above item be approved. Seconded by Mr. Zuchlewski. PASSED. AYES- 11 NOES- 0. No. 178 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, DEC 21, 1993 9:30 AM Finance Tuesday, DEC 21, 1993 Immediately Following Civil Service Legislation Tuesday, DEC 21, 1993 2:00 PM Economic Dev. Tuesday, DEC 21, 1993, 1:00 PM No. 179 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Bakos the Council adjourned at 3:30 P.M. Charles L. Michaux, III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee reporter. Board of Police and Fire Pension Proceedings Mayor's Office- 201 City Hall December 16, 1993- 11:00 a.m. Present: George K. Arthur, President of the Council; James D. Griffin, Mayor; R. Michael McNamara, Deputy Comptroller- 3. Absent: None The Journal of the last Meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of December 1993 amounting to $31,760.50, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of December 1993 amounting to $34,924.53, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. No. 3 The following annuitants have been cancel led from the Police Pension Payroll: Florence L. Kolb Died 11/10/93 Received and Filed. No. 4 On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.