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HomeMy WebLinkAbout94-0111 1No. 1 Common Council Proceedings of the City of Buffalo Regular Meeting, January 11, 1994 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER James W. Pitts 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 David J. Czajka Lovejoy David A. Collins Masten Carl A. PerIa Jr. Niagara Dale Zuchlewski North Bonnie K.Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : Rosemarie LoTempio, Chairman, Alfred T. Coppola, Eugene M. Fahey, Kevin J. Helfer, James W. Pitts, Members CLAIMS COMMITTEE : David A. Franczyk, Chairman, David J. Czajka, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski, Members ECONOMIC DEVELOPMENT COMMITTEE: Carl A. Perla, Jr. Chairman, Clifford Bell, David Collins, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. FINANCE COMMITTEE: David A. Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevn J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Kevn J. Helfer, James W. Pitts, Members URBAN RENEWAL: Clifford Bell, Chairman, Alfred T. Coppola, David J. Czajka, David A. Franczyk, Kevin J. Helfer, Members SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV: James W. Pills, Chairman, George K. Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski. SPECIAL COMMITTEE ON EDUCATION: Dale Zuchewski, Chariman, David J. Czajka, Kevn J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr. ERIE BASIN MARNA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Clifford Bell, Eugene M. Fahey, Kevin J. Helfer, Bonne K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. PARKS CONSERVACY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee. POLICE REORGANIZATION TASK FORCE: Eugene M. Fahey, Chairman; George K. Arthur, Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio. Michael Trimboli, Edward C. Hempling, Kenneth R. Kirby, George J. Panepinto, Martha Dippel. James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, January 11, 1994 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood, LoTempio, Perla, Pitts, and Zuchlewski- 13. ABSENT- None. On a motion by Mr. Pitts, seconded by Mr. Fahey, the minutes of the stated meeting held on December 28, 1993 and the Organization Meeting held on January 3, 1994, were approved. FROM THE MAYOR No. 1 Transfer of Funds You will appreciate that one of the first tasks I have undertaken as Mayor has been to discover what fiscal resources are available for the operation of the Office of the Mayor between now and June 30, when the fiscal year ends. Unfortunately, I have found that the funds that remain will prove inadequate for the proper operation of the Office of the Mayor. Consider that, of the $142,000 the Common Council appropriated to this office for all non-personnel needs for fiscal 1993-94, only $5,300 remains. Consider also that over 65% of the total appropriation for the Mayor's office for 1993-94 was spent or encumbered in the first half of the fiscal year. The current situation compels me to seek a fund transfer to the accounts of this office so that the level of funding might match the level originally intended by your Honorable Body, and so that I might have the resources necessary for the proper operation of the Office of the Mayor. I have consulted the Comptroller and he concurs that the stated need does exist, and he also agrees that the funds required can be transferred from the Police and Fire Retirement System account safely. I will appreciate your cooperation in this matter. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF STADIUM AND AUDITORIUM No. 2 Appointment Of Assistant Director Of Stadium Operations For your information the Board of Stadium and Auditorium at their meeting held on Wednesday, December 22, 1993 approved the appointment of Michael R. Mulderig of 56 Eaglewood Avenue, Buffalo, New York to the exempt position of Assistant Director of Stadium Operations at Pilot Field, effective December 27, 1993. Mr. Mulderig has obtained an Associates Degree and is currently seeking his Bachelors Degree. Mr. Mulderig's experience included fifteen (15) years in Public Administration. His recent employment has been in the capacity of Director of Licenses for the City of Buffalo for the past six (6) years. Mr. Mulderig's responsibilities included the supervising of operations, preparation of annual budget, formulation of policies and procedures, and the direction of staff. Mr. Mulderig possesses a Stationary Engineer License and has completed the 124 hours of certification training relative to the enforcement of the New York State Fire Prevention and Building code. Considering Mr. Mulderig's administrative, managerial and supervisory experience, the Board of Stadium and Auditorium consider him to be well qualified to assume the duties of the Assistant Director of Stadium Operations. RECEIVED AND FILED. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 3 Elm Leaf Beetle Management The Common Council has referred the issue of a budgeted $50,000 for elm leaf beetle management to the Environmental Management Commission. There have been questions about using a portion of these funds for disposal of a supply of the pesticide Sevin, which the Department of Parks had originally purchased with the intent of using against the elm leaf beetle. The Environmental Management Commission is of the view that current difficulties with such chemicals in the City inventory underscore the need for a more carefully planned and comprehensive City approach to pest management. Issues of worker and citizen safety, elm tree benefit, environmental harm, and public controversy make it extremely unlikely that the Sevin will ever be used by the City. With regard to disposal of the Sevin, the Commission respectfully recommends that, before substantial toxic material disposal costs are incurred, it would make sense for the City to make serious efforts to sell, trade, or give the material to an appropriate entity. The stored Sevin represents a liability to the City on a number of counts, and will eventually pass its expiration date, after which time the only alternative will be to pay for disposal as toxic waste. The City owns 2,700 elm trees which should be protected against destruction, including possible irreversible defoliation by the elm leaf beetle. If the Sevin were disposed of without cost, the full $50,000 would be available as appropriated, for less toxic protection of the valuable resource, Buffalo's elms. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PARKS AND THE PEST MANAGEMENT BOARD. FROM THE COMPTROLLER No. 4 Certificate of Necessity Transfer of Funds Fringe Benefits Mayor and Executive Department We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $150,000 be transferred and reappropriated from Fringe Benefits, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, January 1, 1994 RECEIVED AND FILED. No. 5 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 City Capital Projects Fund in the amount of $95,000 for the Reconstruction of Kleinhans Music Hall. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-402-030 BAN/Bond Sale $95,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 6 Monthly Overtime Report Attached you will find the monthly overtime report reflecting overtime usage for all City departments. This report shows expenditures as of 12/31/93. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 7 Permission to Negotiate 141 Masten, (31' x 125') 93' N Dodge Assessed Valuation: $1, 700 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Fidelia Hinton of 139 Masten Avenue, Buffalo, NY, to purchase the above captioned property for extra yard space and gardening. 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 Ms. Fidelia Hinton and will report the results of our negotiation back to Your Honorable Body for final approval. Mr. Pitts moved: That the communication from the Comptroller dated January 4, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate with Ms. Fidelia Hinton, 139 Masten Avenue, for the private sale of 141 Masten and report to this Honorable Body the results of such negotiations. ADOPTED. No. 8 Results of Negotiations - Tifft St. Bridge Land Acquisitions Parcels # 3 & 4 Item #35, C.C.P. 4/28/92 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate for various parcels of land along Tifft for the new Tifft Street Bridge. The City of Buffalo will need to acquire title to and/or permanent easements for approximately 20 parcels of land. To date the fee for two parcels have already been acquired and approved by Your Honorable Body. This office has negotiated the acquisition of two additional parcels which now requires final approval by Your Honorable Body. The two parcels are: Parcel #3 - Consisting of an area approximately 39,846 sq. ft. of land, currently owned by Lehigh Valley Railroad Company, a Pennsylvania corporation having offices at The Provident Tower, One East Fourth Street, Cincinnati, Ohio 45202. The Corporation has agreed to sell the fee to the City of Buffalo for "FIVE THOUSAND NINE HUNDRED SEVENTY-SEVEN DOLLARS", ($5,977). Two independent appraisals of the property were received by the City. GAR Associates, Mr. Walter Allen, appraiser, has estimated the Fair Market Value of the subject property to be, $5,977. A second appraisal submitted by Howard P. Schultz, MAI, has estimated the Fair Market Value to be $5,900. Parcel #4 - Consisting of an area of approximately 29,568 sq. ft. of land, also owned by Lehigh Valley Railroad. The Corporation has agreed to grant a Permanent Easement, for intermittent flooding, to the City of Buffalo for "TWO THOUSAND NINE HUNDRED FIFTY-SEVEN DOLLARS", ($2,957). Two appraisals of this property were also received by the City. GAR Associates submitted and appraisal in the amount of $2,957 for the subject. Mr. Howard Schultz estimated the Fair Market Value of the parcel to be $5,300. Under the sales agreement the City shall accept from the seller a Quitclaim Deed. The City at it's sole cost and expense may obtain a survey and title report. I am recommending that Your Honorable Body approve the purchase of Parcel # 3 in the Amount of "FIVE THOUSAND NINE HUNDRED SEVENTY-SEVEN DOLLARS", ($5,977) and acquire a permanent easement for parcel #4 in the amount of TWO THOUSAND NINE HUNDRED FIFTY-SEVEN DOLLARS, ($2,957). I am further recommending that the Corporation Counsel be authorized to prepare and/or review the necessary documents to acquire both parcels and that the Comptroller be authorized to accept those documents. Mr. Pitts moved: That the communication from the Comptroller, dated January 5, 1994, be received and filed; and That the Comptroller, be and he hereby is authorized to acquire title to and/or permanent easements for the new Tifft Street Bridge, Lehigh Valley Railroad Company, for Parcel #3, in the sum of $5,977.00 (Five Thousand Nine Hundred and Seventy Seven Dollars), and for Parcel #4, in the sum of $2,957.00 (Two Thousand Nine Hundred and Fifty-Seven Dollars), be and hereby is accepted; and That the Corporation Counsel to prepare and/or review the necessary documents to acquire both parcels and that the Comptroller be authorized to accept those documents. PASSED. AYES- 13 NOES- 0. No. 9 Results of Negotiations 382 William St., W cor Pratt Vacant Lot: 30' x 92' Assess Valuation: $2,100 Land TOTAL $24,500 Item #12, C.C.P. 11/16/93 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. Mohamed J. Safraj, 129 97th Avenue, Richmond Hill, Queens, New York 11419. The subject property consists of a three (3) story brick structure, having gross building area, (G.B.A.) of approximately Eight Thousand Three Hundred and Fifty-two (8,352) square feet, which formerly housed a restaurant and tavern on the first floor and apartments on the second and third floors. Mr. Safraj intends to rehabilitate the structure using the first floor for retail commercial and to rehabilitate the above floors for residential living. An independent appraisal of the property was conducted by Michael W. Heigl, Arrow Appraisal Service, Inc., 3790 Broadway, Cheektowaga, New York 14227. He has estimated the fair market value of the property to be Twenty-seven Hundred Dollars ($2,700). The appraiser has concluded that the subject building improvements contributes little or nothing to the overall value of the subject property. The Twenty-seven Hundred Dollars represents approximately thirty-two cents ($.32) per square foot of gross building area. The Division of Real Estate has investigated the sales of similar properties in the area. Gross building area square foot prices range from Thirty-nine cents ($.39) a square foot to Ninety-nine Cents ($.99) a square foot. The results of our negotiations are that Mr. Mohamed J. Safraj has agreed and is prepared to pay Four Thousand Dollars ($4,000) for the property. This represents approximately Fifty Cents ($.50) a square foot of G.B.A. He has also provided the Division of Real Estate with sufficient proof of financial ability to complete the purchase and rehabilitate the structure. 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 382 William Street to Mr. Mohamed J. Safraj in the amount of Four Thousand Dollars ($4,000). 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. REFERRED TO THE COMMITTEE ON FINANCE. No. 10 Certificate of Appointment Appointment effective January 10 1994 in the Department of Audit and Control, Division of Data Processing, Paul Bonvissuto, 302 Hartwell Rd., Buffalo 14216, to the Position of Computer Programmer, Permanent, at the Maximum Starting Salary of $34,592. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 11 Monthly Report of Licenses Issued in November 1993 I am respectfully submitting the enclosed report of licenses issued in the month of November 1993 by the Division of Licenses. RECEIVED AND FILED. No. 12 Appointment of Donald O. Allen For Director of Licenses I am hereby appointing Mr. Donald O. Allen, 360 Davidson Avenue, Buffalo, NY 14215 to the position of Director of Licenses, Department of Public Works (Division of Buildings) effective December 30, 1993. RECEIVED AND FILED. No. 13 Extension of Contract Engineering Services Flocculation Basin Improvements In accordance with the terms of the contract between the City of Buffalo and Malcolm Pirnie, Inc., City Contract No. 91699800 the work called for in this contract was scheduled to be completed by December 24, 1993. The Engineer has requested an extension in contract due to the fact that the project is still in the design phase. The purchase contracts for the equipment had to be rebid. Accordingly, I have granted an extension of time in the contract with Malcolm Pirnie, Inc. The new completion date for this contract is December 31, 1994. RECEIVED AND FILED. No. 14 Claim for Wages Various Employees 12/20/93-1/2/94 From December 20, 1993 through January 2, 1994 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 20, 1993 through January 2, 1994: 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. Pitts moved: That the communication from the Department of Public Works, dated December 28, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from December 20, 1993 through January 2, 1994 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 15 Claim for Wages Various Employees 1/3/94-1/16/94 From January 3, through January 16, 1994 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 January 3 through January 16, 1994: 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. Pitts moved: That the communication from the Department of Public Works, dated December 28, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from January 3, 1994 through January 16, 1994 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 16 Report of Bids Vehicle Exhaust System Engine #23 Bailey & Collingwood Avenues I asked for and received the following Informal Proposals for the Vehicle Exhaust System, Engine #23, Bailey & Collingwood Avenues, Buffalo, NY on December 28, 1993. Air Cleaning Systems Inc. $10,994.00 Clean Air Co. $12,843.00 Environmental Management Systems $15,800.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems Inc. in the amount of $10,994.00 the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-076 - Division of Buildings. Estimate for this work was $11,000.00 Mr. Pitts moved: That the communication from the Department of Public Works, dated December 29, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Vehicle Exhaust System, Engine #23, Bailey and Collingwood Avenues to Air Cleaning Systems Inc., the lowest responsible bidder in the amount of $10,994.00, with said cost to be charged against B/F 200-402-076 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 17 Report of Bids Vehicle Exhaust System Engine #25 & Ladder # 10 517 Southside Pkwy I asked for and received the following Informal Proposals for the Vehicle Exhaust System, Engine #25 & Ladder #10, 517 Southside Parkway, Buffalo, NY on December 28, 1993. Air Cleaning Systems Inc. $19,955.00 Clean Air Co. $23,476.00 Environmental Management Systems $24,300.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems Inc. in the amount of $19,955.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-076 - Division of Buildings. Estimate for this work was $19,900.00 Mr. Pitts moved: That the communication from the Department of Public Works, dated December 29, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Vehicle Exhaust System, Engine #25 & Ladder #10, 517 Southside Parkway to Air Cleaning Systems Inc., the lowest responsible bidder in the amount of $19,955.00, with said cost to be charged against B/F 200-402-076 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 18 Report of Bids Vehicle Exhaust System Engine #38 & Ladder #13 Colvin & Linden Avenues I asked for and received the following Informal Proposals for the Vehicle Exhaust System, Engine #38, Ladder #13 Colvin & Linden Avenues, Buffalo, NY on December 28, 1993. Air Cleaning Systems Inc. $16,939.00 Clean Air Co. $19,000.00 Environmental Management Systems $20,200.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems Inc. in the amount of $16,939.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-076 - Division of Buildings. Estimate for this work was $17,000.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated December 29, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Vehicle Exhaust System, Engine #38 & Ladder #13, Colvin & Linden Avenues to Air Cleaning Systems Inc., the lowest responsible bidder in the amount of $16,939.00, with said cost to be charged against B/F 200-402-076 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 19 Change Order No. 1 City Contract No. 91699100 Status Monitoring and Control System Modifications I hereby submit to your Honorable Body the following change order with Ferguson Electric Construction Company, Inc. for work relating to Status Monitoring and Control System Modifications - Contract No. 3, City Contract No. 91699100. New Work Item No. 1: Added cost to add wiring, four (4) on/off selector switches in the Grover Cleveland Tower and at the Col. Ward Balcony; add one (1) two position switch to allow the pumps at Grover Cleveland to be shut down from the Col. Ward Balcony and to be started at the Balcony through the telemetry system. Increase: $1,500.00 New Work Item No. 2: Added cost to rewire three (3) pressure switches at the new Grover Cleveland MCC to work properly and eliminate two (2) pressure switches. Increase: $685.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of Contract $187,000.00 Amount of Change Order No. 1 - Increase $ 2,185.00 CURRENT AMOUNT OF CONTRACT $189,185.00 Funds in the amount of $ 2,185.00 are available in the Division of Waters 416 Capital Project Fund, 980-029 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Change in Contract Waterline Replacement on Various Streets Contract No. 91719600 I hereby submit to your Honorable Body the following change order with Kandey Company, Inc. for work relating to Waterline Replacement - Various Streets, City Contract No. 91719600. The watermain in Rugby Road was broken by the contractor doing the street paving project in the summer of 1993. The Division of Water experienced ten (10) individual watermain breaks during a two month period. Kandey Company, Inc., the contractor for Waterline Replacement - Various Streets, was asked to include Rugby Road's watermain in their contract. The restoration of the street was also increased due to the numerous breaks. Item Quantity Dollar No. Description Change Amount 02.110 Unclassified Excavation + 20.3 CY +$ 304.50 09.1081 8" Ductile Iron Pipe Class 56 + 53.1 Ft. +$ 3,929.40 09.504 Water Valves/Boxes 4" Dia. + 1 Ea. +$ 400.00 09.012 Insulate 8" DI Waterline + 18 Ft. +$ 2,430.00 09.0318 Jacking Steel Casing 18" Dia. + 80 Ft. +$15,200.00 $22,263.90 Justification: These quantity increases are necessary because of field changes required due to previously unknown existing conditions on the original contract. 09.040 Plugging Waterlines +5 Ea. +$ 2,500.00 09.508 Water Valves/Boxes 8" Dia. +5 Ea. +$ 2,500.00 $ 5,000.00 Justification: These quantity increases are necessary due to field changes on the original contract and the addition of Rugby Road to the contract. 09.0606 6 x 6 tapping sleeve & valve + 1 Ea. +$ 2,500.00 09.1608 16 x 8 tapping sleeve & valve + 1 Ea. +$ 4,000.00 11.110 Seeding & Fertilizer + 1500 SF +$ 750.00 $ 7,250.00 Justification: These new items need to be added to the contract due to the addition of Rugby Road to the contract. Item Quantity Dollar No. Change Amount 09.506 Water Valves/Boxes 6" Diameter + 3 Ea. + $ 1,200.00 09.710 Corp. Stop/Tap + 49 Ea. + $39,200.00 09.910 Fire Hydrant + 3 Ea. + $ 4,500.00 12.110 Maint & Protection of Traffic +0.17 Ea. + $ 6,800.00 $ 51,700.00 Justification: These increases are necessary due to the addition of Rugby Road. 09.108 8" DI Pipe - Class 52 + 655.2 Ft. + $48,484.80 Justification: The increase is necessary because of the addition of Rugby Road, which required 1064.1 ft. to complete; there was, a surplus of 408.9 ft. from the original contract leaving a net addition of 655.2 ft. needed. 09.720 Install curb stops + 35 Ea. + $595.00 Justification: 49 curb stops are estimated to be needed to complete Rugby Road. There is a surplus of 14 stops from the original contract, therefore, 35 stops are required. 09.730 Install Water Service Pipe + 1,850 Ft. + $ 2,775.00 Justification: It is estimated the 2,002 ft. of service pipe will be needed for Rugby Road services. 152 ft. remain in the original contract, therefore, a net change of 1,850 ft. is needed. 09.814 Install Water Service Box + 37 Ea. + $ 2,590.00 Justification: 49 Service boxes are required for the Rugby Road Project. 12 boxes remain from the original contract leaving a net increase of 37 boxes needed. ROS. 2056 Concrete Sidewalks Approach 6" + 420 SF + $ 2,100.00 Justification: An estimate of 1.320 SF of 6" concrete will be needed to complete Rugby Road. An excess of 900 SF remains in the original contract, leaving a net increase of 420 SF needed. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of Contract $ 978,531.05 Amount of Change Order No. 1 - Increase $142,758.70 CURRENT AMOUNT OF CONTRACT $ 1,121,289.75 Funds in the amount of $ 142,758.70 are available in the Division of Water's 416 Capital Project Fund, 980-060 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 21 M. Rivera - Protest Water Bill 268 Crescent Item No. 80, C.C.P. 11/30/93 In response to your request, please be advised the Division of Water's investigation has revealed the following: 10/14/92 - Division of Water Meter Reader found a high reading and wrote a shop order to exam for the high reading. 03/05/93 - Meter Shop found the building locked and left notice. 04/06/93 - Meter Reader got an inside and outside reading and found the remote reader running 14,000 cubic feet behind the inside meter. Shop order was written for repair. The account should have been billed for 14,000 cubic feet instead of the 5,000 cubic feet. 04/19/93 - Back call was made by the Meter Shop to check reading. 07/3/93 - Meter Shop changed meter. Meter tested to be 100% accurate. The customer used 8,000 cubic feet of water in two months. At that rate, they should have been billed 12,000 cubic feet. The usage at this meter is high. The billing for 12,000 cubic feet of water is $114.69 for water, $95.40 for sewer, minimum charge for 1" meter is $50.25 for water and $34.62 for sewer for a total bill of $294.96. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Bicycle Planning for the City of Buffalo Item No. 158, C.C.P. 12114193 Kindly be advised that the City of Buffalo is in contact with the Niagara Frontier Transportation Committee in developing a county-wide bicycle system, and in fact, as per the attached memo of December 14, 1993, the Department of Community Development forwarded the City of Buffalo's bicycle plan. I have attached a copy of said bicycle route plan for your information. However, the main issue concerning approved bicycle paths raises numerous issues for the City which I will highlight as follows: 1. Legal Liabilities - The City of Buffalo's Corporation Counsel has reviewed this liability issue, and they advise that designated bicycle paths throughout the City significantly heighten City liability. 2. Detailed Traffic Engineering Studies -- The Niagara Frontier Transportation Committee bicycle layout did not go into detailed engineering studies concerning impacts and/or safety issues concerning said designations. 3. Maintenance -- There is a heightened maintenance responsibility concerning bikeways and their operation. 4. Bikeway Design -- All bikeway designations must meet contemporary standards for design including State and Federal standards. These designs also must be reviewed periodically to insure compliance. For the above reasons the City of Buffalo Department of Public Works recommends that due caution be used when dealing with designated bicycle routes. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 23 Reopen Main Street to Vehicles Item No. 159, C.C.P. 12/28/93 In regard to the above item, please be advised that I agree that a task force should be established but I would respectfully request that the Department of Public Works be included in said task force. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE COUNCIL PRESIDENT AND BUFFALO PLACE. No. 24 Certificate of Appointment Appointment effective Dec. 29, 1993 in the Department of Public Works, Division of Engineering, Mark M. Gannon, 299 Cumberland Ave. Buffalo, NY 14220, to the position of Laborer II, Temporary at the Maximum starting salary of $10.67 hour. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 25 Certificate of Appointment Appointment effective December 28, 1993 in the Department of Public Works, Division of Buildings, Ronald L. Malkin, 326 Bedford Avenue Buffalo 14216, to the position of Head Janitor, Provisional, at the Maximum starting salary of $22,994. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 26 Certificate of Appointment Appointment effective December 27, 1993 in the Department of Public Works, Division of Water, Patrick J. Martin, 34 Greeley Street, Buffalo, 14207 to the position of Caulker Supervisor I, Temporary, at the Intermediate, starting salary of $ 26,026. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 27 Appointment of Director of Recreation I, Daniel T. Durawa, hereby appoint to the position of Director of Recreation Mr. James J. Nowicki. Mr. Nowicki's nearly three decades of experience in the city's Department of Parks, his energy and enthusiasm, and his dedication to the people of our city qualify him for the position of Director of Recreation. RECEIVED AND FILED. No. 28 Appointment of Secretary to the Commissioner of Parks I, Daniel T. Durawa, hereby appoint to the position of Secretary to the Commissioner of Parks Ms. Suzanne Pacholski. Ms. Pacholski's more than two decades of service as a secretary for the Common Council, the Parks Department, and Family Court make her well qualified to hold the position of Secretary to the Commissioner of Parks. RECEIVED AND FILED. No. 29 Bike WNY - Favors Bicycle Plan for the City Item #80, C.C.P. January 6, 1993 I have reviewed the above referenced resolution and I am certainly in favor of the development of a plan which ensures the safety of bicyclists and pedestrians. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF POLICE No. 30 Fully Executed Contract 1993 1994 Aid To Law Enforcement Grant Program Item No. 49, C.C.P. 7/20/93 Please be advised that the Aid To Law Enforcement Grant Program Renewal Contract between the New York State Division of Criminal Justice Services and the City of Buffalo for the project period April 1, 1993 through March 31, 1994, has been fully executed in the amount of $652,998. A copy of this contract is on file in the Department of Administration and Finance (Budget), the Division of Audit and in the Division of Administration and Communications (Buffalo Police Department). REFERRED TO THE COMMITTEE ON FINANCE. No. 31 Permission for Mayor To Enter Into Contract For Police Supplement Hiring Grant Item No. 243, C.C.P. 10/05/93 This is to formally request permission from your Honorable Body for the Mayor to enter into a contract between the City of Buffalo and the U.S. Department of Justice under the Police Hiring Supplement Grant Program for the period December 1, 1993 through November 30, 1996. As you are aware, the City of Buffalo was awarded $2,000,000 under this grant program to hire an additional twenty-seven (27) police officers who will be hired for community policing activities. This grant award will pay for salaries only and the officers hired must be in addition to the number of police officers that will be hired under the regular police budget. Because this is a "hiring" grant, we have been advised by our Bureau of Justice representative to make sure that the City is aware of the special conditions section of the attached contract. We are respectfully requesting that you give the Mayor permission as quickly as possible as we must send the signed contract back to Washington within the next two (2) weeks and also, our next Police Academy Class will begin the first week of February. If you require additional information, please do not hesitate to contact Captain Edward Hempling of our Grants Section at extension 5645. Your immediate attention to this matter will be greatly appreciated, thank you. Mr. Pitts moved: That the communication from the Police Department, dated January 6, 1994, be received and filed; and That the Mayor be, and he hereby is, authorized to enter into a contract between the City of Buffalo and the UPS. Department of Justice under the Police hiring Supplement Grant Program for the period December 1, 1993 through November 30, 1996. PASSED. AYES- 13 NOES- 0. FROM THE CORPORATION COUNSEL No. 32 Request Ordinance Amendment Section 242-11 Housing Standards -Responsibilities of Owners and Occupants - Status Report Item No. 263, C.C.P., 10/5/93 The Corporation Counsel is reviewing the above item and will soon schedule a meeting with the Department of inspections and Community Revitalization, Court Enforcement Section, the Council and any other interested departments, divisions and agencies. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 33 Background in Rem Purchasers Status Report Item No. 148, C.C.P., 11/16/93 The Corporation Counsel is reviewing the above item and shall soon schedule a meeting with the Department of Audit and Control, the Department of Administration and Finance, the Department of inspections and Community Revitalization, the Department of Community Development and any other interested departments, divisions, or agencies to obtain information, comments and suggestions that will assist this Department in drafting the requested ordinance. We will soon contact you to set up a convenient meeting date in the near future. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 34 M. Pietruszka - Suggest Tribunal For Curfew Violations - Status Report Item No. 87, C.C.P., 12/28/93 The above item has been referred to the Department of Law for legal review and/or recommendations. The Corporation Council is reviewing Chapter 343 - Promoting the General Welfare of Minors in Public Places which took effect January 1, 1994. We will soon schedule a meeting with the Police Department, the Division of Youth, the Council and any other involved department, division or agency in order to evaluate the enforcement method proposed by Judge Pietruszka, and also to investigate other enforcement proposals offered by interested parties. We will contact you to set up a convenient meeting date in the near future. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 35 Residency Requirement/Confidential Aide Appointments Opinion No. 94-1 Your Honorable Body has requested a legal opinion in response to the following questions: 1. Do the appointments of Mr. Banko and Mr. DeLisle require that they reside in the City of Buffalo? 2. Will any conditions be attached to the above mentioned appointments? The legal issue presented by your first question is whether a confidential aide to the Mayor must be a resident of the City of Buffalo at the time of the appointment. Since confidential aides are not local officers within the meaning of the Public Officers Law and are in the exempt class under the Civil Service Law, their employment is governed by the Charter and Code of the City of Buffalo. Public Officers Law, Section 3; Civil Service Law, Section 201 (7) (a); Rules of the Buffalo Civil Service Commission, Rule No. 5. The Charter confers upon the office of Mayor a general power to appoint as may be authorized by law or ordinance. Buffalo City Charter, Article 4, Section 66. There is nothing in the Charter and Code of the City of Buffalo which requires a confidential aide to reside within the City at the time of his or her appointment. With respect to your second question, the Mayor and/or the Civil Service Commission may impose certain conditions upon the above mentioned appointments. Please let me know if you have any further questions concerning this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 36 Cable Television - Rate Regulation Certification Item No. 202, C.C.P. 10/19/93 Please be advised that on December 28, 1993, this office forwarded an application to the Federal Communications Commission (FCC) for certification to regulate cable television basic services rates in the City of Buffalo. Unless otherwise notified by the FCC, certification becomes effective thirty (30) days after the FCC's receipt of the application. To begin to regulate rates, the City must, within one hundred twenty (120) days of the effective certification date, adopt rate regulations consistent with the FCC regulations and procedural regulations allowing for public participation in rate regulation proceedings. Further, the City must notify the TCI that it has been certified and has adopted the required regulations. This office will assist in the promulgation and adoption of these regulations. This office, in conjunction with legislative staff, is continuing preparation of a formal complaint regarding rates for the second tier of service (expanded basic). The filing deadline to challenge rates in effect on September l, 1993, the first day of rate regulation, is February 28, 1994. REFERRED TO THE SPECIAL COMMITTEE ON CATV. FROM THE COMMISSIONER OF STREETS No. 37 Appointment Deputy Commissioner of Streets Please be informed that I am appointing to the position of Deputy Commissioner of Streets, Peter B. Rose, 49 Shoreham Blvd. , Buffalo, New York. This appointment is effective January 5, 1994 at the salary of $40,948. RECEIVED AND FILED. No. 38 Certificate of Appointment Appointment effective December 30, 1993 in the Department of Street Sanitation, Joseph Conkling, Jr., 29 Midland Avenue, Tonawanda, NY 14223, 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. 39 Claim Tuition Asbestos Removal Certification During a recent meeting in your office regarding the asbestos abatement of the former General Electric Plant on Fillmore Avenue, the state mandate and licensing of asbestos inspectors came into discussion. I mentioned the fact that Donald Grzebielucha and myself as City of Buffalo Building Inspectors attended a three (3) day course presented by Environmental Education Associates, 2495 Main Street, Buffalo, New York to receive our licenses as State Certified Asbestos Inspectors. At the time we registered to take the course, we were informed by our department (inspections and Community Revitalization) that money was not available to pay for our tuition. We paid our own tuition (receipts enclosed) to receive our certification. In as much as our licenses are only used to inspect for asbestos in buildings owned by the city or buildings that must have state mandated asbestos surveys prior to demolition, you felt the tuition costs should be reimbursed by the City of Buffalo. I wish to take this opportunity through the City of Buffalo's claims committee to respectfully request a tuition reimbursement for Donald and myself. Kindly reply at your earliest convenience. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 40 Appointment of Director of the Treasury I, Eva M. Hassett, appoint to the position of Director of the Treasury Ms. Marilyn J. Smith, effective immediately. Ms. Smith's BS in Government from Medaille College, her MA in Public Administration, and her extensive experience with the New York State Senate qualify her for the position of Director of the Treasury. RECEIVED AND FILED. No. 41 Certificate of Appointment Appointment effective January 3, 1994 in the Department of Administration & Finance, Division of Treasury, Mary E. Davern, 372 Hastings Avenue, Buffalo, New York 14215, to the position of Account Clerk Typist, Permanent, at the Maximum starting salary of $22,465.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 42 Certificate of Appointment Appointment effective December 28, 1993 in the Department of Administration & Finance, Division of Treasury, Ruth O'Leary, 397 Abbott Road, Buffalo, New York 14220, to the position of Teller, Permanent, at the Intermediate starting salary of $23,245.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 43 Certificate of Appointment Appointment effective December 29, 1993 in the Department of Human Resources, Division of Substance Abuse Services, William F. Sheehan, Jr., 546 McKinley Pkwy., Buffalo 14220 to the position of Fiscal Supervisor, Provisional, at the Maximum starting salary of $ 30,852. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 44 Notice of Hearing L.D.A. New Buffalo Industrial Park - Intergenerational Housing (Item No. 65, C.C.P., December 28, 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, January 11, 1994, at 2:00 P.M. in the Council Chamber. The a notice of said hearing was published in the Buffalo News on Friday, December 31, 1993. Said publication is attached hereto. RECEIVED AND FILED. No. 45 Take From the Table L.D.A. New Buffalo Industrial Park - Intergenerational Housing (Item No. 65, C.C.P. December 28, 1993) Mr. Pitts 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. Collins. ADOPTED. No. 46 Hearing L.D.A. New Buffalo Industrial Park - Intergenerational Housing (Item No. 65, C.C.P. December 28, 1993) Mr. Pitts moved that the above item is properly before the Common Council and the hearing be opened. CARRIED. Appearances in Favor - Louis Malucci - Comm. Revitalization Norman Bakos - Chairman, Hoobies Mr. Pitts moved that the hearing be closed. CARRIED. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 47 Attitudinal Needs Analysis City of Buffalo Cable Television I transmit herewith the final report on the Attitudinal needs of the City of Buffalo Cable Television. This report was prepared for the Common Council by Cornerstone Research & Marketing, Inc. and is dated December 1993. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 48 Claim - Typewriter Repair Attached is a copy of an invoice form Execu-Type Inc. for services rendered for repair of a typewriter in Councilmember Fahey's office in April, 1993. Since this is for a prior fiscal year expenditure it must be paid from claims. According to our records this invoice has not been paid. ($45.55) Mr. Pitts moved: That the above communication of the City Clerk be, and hereby is, received and filed; and That the claim of the City Clerk for typewriter repair service in the amount of $45.55 be and hereby is approved; and That the Comptroller be and he hereby is authorized to issue payment in the amount of $45.55 as satisfaction of this claim. PASSED. AYES- 13 NOES- 0. No. 49 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 283 Davey St. Trial Dust Saloon D. Colangelo 2090 Genesee D. Denzel 1503 Hertel Tovana's T. Wienckowski Main Pl. Mall Gino & Joe's Pizzeria RECEIVED AND FILED. No. 50 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Maria Kozlowski Public Works- Sean Sullivan, Ronald Malkin, Frank Mulderig, Parks- Daniel T. Durawa Community Development- Robert S. Rosessler Human Resources- William Sheehan, Marie Ferraro, Gerald Smith RECEIVED AND FILED. No. 51 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 Municipal Housing Authority RECEIVED AND FILED. No. 52 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 28, 1993 in the Department of Common Council, Jane Maraschello, 246 Rhode Island St. Buffalo, 14213, to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00 hour. No. 53 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 27, 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 hour. Scott Peoples, 360 LaSalle Ave., Buffalo, 14215 Donald R. Palmer, 225 Military Rd., Buffalo, 14207 James Sumbrum, 22 O'Connell Ave., Buffalo 14204 Edward Cunningham, 22 Minnietonka Rd., Buffalo, 14220 DEPARTMENT OF ASSESSMENT Appointment effective January 5, 1994 in the Department of Assessment, Joseph M. Abramo, 20 North Park Avenue, Buffalo NY 14216, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hourly. DEPARTMENT OF PUBLIC WORKS Appointment effective December 28, 1993 in the Department of Public Works, Division of Buildings, Mark J. Fillmore, 155 Harding Road, Buffalo 14220, to the position of Senior First Class Stationary Engineer, Temporary, at the Flat starting salary of $7.33 hour. Appointment effective December 28, 1993 in the Department of Public Works, Division of Water, Douglas Barry, 94 Tamarack, Street, Buffalo, 14220, to the position of Laborer II, Temporary, at the Flat Starting Salary of $9.38/Hour. Appointment effective December 29, 1993 in the Department of Public Works, Division of Buildings, Kevin J. Amico, 237 Columbus Avenue, Buffalo 14220, to the position of Laborer II, Temporary, at the Minimum starting salary of $9.38 hour. Appointment effective January 3, 1994 in the Department of Public Works, Division of Water, Lynice V. Carter, 35 Wade Avenue, Buffalo, 14214, to the position of Account Clerk-Typist, Temporary, at the Minimum starting salary of $ 20,120. Appointment effective December 27, 1993 in the Department of Public Works, Division of Water, Joseph Mancini, 191 Como Street, Buffalo, 14220, to the position of Water Meter Mechanic, Temporary, at the Minimum starting salary of $21,206. Appointment effective December 30, 1993 in the Department of Public Works, Division of Water, Izydor E. Karbowski, 384 Hertel Avenue, Buffalo, 14207, to the position of Caulker, Temporary, at the Minimum starting salary of $21,765. Appointment effective December 30, 1993 in the Department of Public Works, Division of Water, Joseph C. Denecke, 90 Hammerschmidt, Buffalo, 14210, to the position of Assistant Filtration Plant Operator, Temporary, at the Minimum starting salary of $ 21,748. Appointment effective 12/30/93 in the Department of Public Works, Division of Engineering to the position of Sr. Engineering Aide, Provisional, at the Minimum starting salary of $23,634. Donald J. Poleto, 88 Payne Ave., Buffalo, NY 14220 Steven Stepniak, 316 Longnecker, Buffalo, NY 14206 Appointment effective December 29, 1993 in the Department of Public Works, Division of Buildings, Daniel D. Connors, 124 Coolidge Road, Buffalo 14220 to the position of Electrical Engineer, Provisional, at the Minimum starting salary of $33,767. Appointment effective December 31, 1993 in the Department of Public Works, Division of Buildings, Joseph V. Schollard, 195 Harding Road, Buffalo 14220, to the position of Principal Chief Stationary Engineer, Temporary, at the Maximum starting salary of $38,624. DEPARTMENT OF FIRE Appointment effective Dec. 28, 1993 in the Department of Fire, James G. Balys, 778 McKinley Pkwy., Buffalo, New York 14220, to the position of Communication Specialist, Temporary, at the starting salary of $23,506. DEPARTMENT OF STREET SANITATION Appointment effective December 27, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Scott C. Hayden, 125 Como Avenue, Buffalo, New York 14220 David J. Maloney, Jr., 21 Mumford Avenue, Buffalo, NY 14220 John J. Miceli, 410 Massachusetts St., Buffalo, New York 14213 Mark A. Stetter, 92 Fillmore Avenue, Buffalo, New York 14210 Vincent T. Vanderlip, 69 Seminole Pkwy., Buffalo, NY 14210 Appointment effective December 29, 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 $9.38 hr. Appointment effective December 30, 1993 in the Department of Street Sanitation, Mark A. Stetter, 92 Fillmore Avenue, Buffalo, New York 14210, to the position of Laborer II, Permanent, at the Minimum starting salary of $9.38 hr. DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION Appointment effective 12/27/93 in the Department of Inspections & Community Revitalization, Division of Housing & Property Inspections, Michael S. O'Neill, 365 Abby Street, Buffalo, New York 14220, to the position of Building Inspector, Temporary, at the Minimum starting salary of $ 27,249. DEPARTMENT OF HUMAN RESOURCES Appointment effective January 3,1994 in the Department of Human Resources, Division of Youth, to the position of Attendant, Temporary, at the Flat starting salary of $4.42/hr. Edwina Curtis, 269 Grote, Buffalo 14207 Madonna Wilburn, 201 Miller, Buffalo 14211 Samuel Turner, 21 Gesl, Buffalo 14214 Mary Lawson, 119 Mapleridge, Buffalo 14215 Donna Collana, 75 Lovering, Buffalo 14216 Khristian Matthewson, 454 Breckenridge, Buffalo 14213 Appointment effective January 3,1994 in the Department of Human Resources, Division of Youth to the position of Supervisor, Temporary, at the Flat starting salary of $ 5.20/hr. Richard Oddo, 309 Richmond, Buffalo 14222 Alice Williams, 159 Durham, Buffalo 14215 Appointment effective January 3, 1994 in the Department of Human Resources, Division of Substance Abuse Services, Michele Haskins, 466 Ontario St., Buffalo 14207, to the position of Counselor II, Permanent, at the Minimum starting salary of $20,716. Appointment effective January 3, 1994 in the Department of Human Resources, Division of Substance Abuse Services, Laurie McHenry, 536 Linden Avenue, Buffalo 14216, to the position of Counselor II, Temporary, at the Minimum starting salary of $20,716. Appointment effective December 30, 1993 in the Department of Human Resources, Division of Substance Abuse Services, JoAnne M. Cary, 135 Sunset, Buffalo 14207, to the Position of Case Manager, Permanent, at the Minimum Starting Salary of $21,575. Appointment effective December 30, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Marie Ferraro, 60 Highgate, Buffalo 14214, to the position of Counselor Ill, Temporary, at the Minimum starting salary of $22,199. Appointment effective January 03, 1994 in the Department of Human Resources, Division of Substance Abuse Services, Jackie Biellak, 203 Woodward Avenue, Buffalo 14214, to the position of Counselor III, Provisional, at the Minimum, starting salary of $22,199. Appointment effective December 28, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Gina Doyle, 73 Kenefick, Buffalo 14220, to the position of Senior Counselor, Permanent, at the Minimum starting salary of $25,211. DEPARTMENT OF GENERAL SERVICES Appointment effective December 31, 1993 in the Department of General Services, Division of Inventory & Stores, Richard J. Lynch, 86 Salem 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. 54 Z. BERNSTEIN, MD Forgive Water Bill - 175 Tenth St. I recently donated a property located at 175 Tenth Street to a needy couple, which was identified for me by Helping Hands of Buffalo. The property had been given to me, and I had no use for it. I decided to donate the property to someone in need of housing with some expertise in rehabilitation and a desire to assume ownership. My donation also included paying all outstanding property taxes amounting to almost $4,000, legal fees involved in the transferring of this property, as well as assistance in obtaining materials to help this family realize their hopes and expectations. Several months after completion of the transfer of the property I received a water bill in the amount of $838.28. While I realize this bill is the legal responsibility of the present owners, I am writing to request that your honorable body forgive the above amount as this young couple is in the process of transforming an eyesore, and paying a bill that large would create a hardship for them. I would appreciate your favorable consideration in this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 55 BUFFALO NEIGHBORHOOD REVITALIZATION CORP. 1993-94 Budget and Work Program Attached hereto please find a copy of the Buffalo Neighborhood Revitalization Corporation's 1993-94 budget and work program. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND BURA. No. 56 LARRY S. GOINS Claim for Pay Lost While on Suspension I have been a police officer for twenty years, and during my career my assignments were to various specialized units within the police department. At the present time, I am assigned to the sixth precinct and detailed to the rank of detective. As you are aware, serving the public can create an atmosphere of controversy between the police and the people you are sworn to serve and protect. Nevertheless, my service to the people in the city of Buffalo has been continuous and conscientious. Racism, nepotism, and political influence within the police department has a negative effect on police brotherhood. Many officers separate themselves according to their race, rank, and gender. There is a great lack of respect for each others family members, and investigations of disputes between officers are made on a selective basis. Some officers are punished others continue wrong doing. On August of 1993, the above elements that divide some of us officers became real to me. My son and his friend were beaten by a Lieutenant, who had nothing to do with a situation already under control. In order to justify the assault on my son and his friend, he charged them with resisting arrest. This occurred only after he and I had a physical confrontation. A court date to answer these charges was scheduled before judge Russell. After a hearing, my son was offered a lesser charge through a plea bargain which we denied and asked for a trial. Another hearing was held and my attorney made a motion, that all the internal affairs complaints, any out of court settlements resulting from the unnecessary use of physical force, and any pending civil rights violations be reviewed by the court. As a result of this motion, my son's charges were dismissed. A review of Lt. Cussella's internal affairs complaints would reveal his pattern of brutalizing young black men in our community. Lt. Cussella's reign of terror began when he was a housing guard, and he beat and arrested a black off-duty State Trooper. This matter was settled out of court. On November 29, 1988, Lt. Cussella was subject of a common council hearing for another brutality charge. Councilman Pitts led this investigation. During my son's arrest, Lt. Cussella and I became involved in a physical confrontation because of his unnecessary use of physical force. This confrontation occurred after I ascertained the fact, that Lt. Cussella was not the officer who initially stopped to question my son and his friend. Det. Richard Doyle and Act/det Thomas Vivian were in the process of questioning my son and his friend, when Lt. Cussella began punching and kicking my son and his friend while they fell to the ground. As a result of the beating my son suffered loose and chipped teeth, and a ruptured spleen. His friend ( Mitchel Ford ) suffered a bruised and swollen groin. Neither my son Larry Jr. or his friend Mitchel were ever arrested before. Both Lt. Cussella and I were ordered to Inspector Mattioli's office. When we arrived at police headquarters, witnesses for Lt. Cussella were interviewed none of my witnesses were, which included Larry Jr's mother and his girlfriend Lt. Cussella chased with a shotgun as she tried to explain the situation to him. Without obtaining a fair assessment of facts, Lt. Calabrese suspended me, he said it was because I was off-duty and Lt. Cussella was on-duty. This suspension lasted thirty days without pay while I awaited for a formal charges and a hearing with the commissioner of police. Subsequently, I was formally charged and in a kangaroo court setting, I was forced to plead guilty to insubordination. Consequently, I was given another thirty days. As a detective, I make $154.71 per day multiplying this amount times sixty days leaves with a loss of $9,282.60. A fund raiser given by my friends alleviated some of the legal expense. However, continuous expenses and losing two days per pay period leaves me financially strained. I respectfully request, that the common council investigate this matter, and allow me to regain the pay, I lost as a result of this miscarriage of justice. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE. No. 57 C. GRIFFASI Impose Sports Tax I am requesting the same type' of sports tax that San Francisco Supervisors have imposed on all professional sports facilities, as shown in the copy I had send to me from San Francisco, proved to be very successful for their purpose. I am suggesting that if you impose this extra type of tax, we use solely for funding all school playgrounds with equipment and guidance, plus have them open all summer. The city and county have given millions of tax dollars supporting professional sports facilities. Its time they return a favor and support this extra tax. Its their moral obligation to children. Lets not avoid this issue. REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE BOARD OF EDUCATION. No. 58 KEVIN SMITH Exempt Private Wheelchair Lifts My wife, three children and I have lived at 168 Lexington Ave. since December, 1982. Our children, ages 9, 7 & 6, attend Buffalo Public Elementary School. Our youngest child, Sarah, has disabilities due to cerebral palsy. Sarah is non-ambulatory, necessitating the aid of a wheel chair. In the summer of 1992, the Erie County Physically Handicapped Children's Program supported the installation of a lift to enable Sarah's semi -independent ingress and egress of our home. Regarding the same, I have received the enclosed correspondence. It is the first and only interaction I have had with the Elevator Safety Review Board. Mr. Masiello, I find the tone of the hand written message, the ordinance, the financial considerations, and the bureaucracy of this issue to be intolerable. I assure you that the lift, which raises and lowers my daughter the 45 inches required, is both safe and operable. It allows Sarah to attend school, play outside and be a more complete member of our family and community. My wife and I spent $136 in the last two months to make sure her lift functioned fully. Its repair is considered an emergency as would any obstacle to entering one's home would be. Mr. Masiello, the State of New York and County of Erie have invested more than $16,000 in support of my daughter for which I am grateful. The wheelchair lift in question cost nearly $5,000. Since it was installed it has required more than a dozen service calls. Imagine the logistics, inconvenience and expense. If the inspection and Certificate of Operation required the manufacturer and installer to support the safety and operation of the lift I would gladly pay as the cost of maintenance exceeds the cost of the inspection ($45) and the Certificate of Operation ($52.50/$26.50 renewal). However, as I understand the requirement, we incur all costs.. To add perspective to our situation and that of other disabled residents, I should mention that the lift we have in our van is considered a "luxury item" and therefore not supported by private insurance or public funds. We don't need another expense. I understand and appreciate the laws protecting those who require assistance. I am concerned with and advocate for the rights of my daughter and anyone with disabilities. This is not an issue of public safety. To require an inspection of and Certificate of Operation for a privately owned and operated wheelchair lift does not protect the individual who requires its assistance. Rather, in my opinion, it discriminates, adding to our already significant responsibility. I hope you will urge the Common Council to reclassify privately owned and operated wheelchair lifts as exempt from fees. If you and the Common Council really wish to help, consider laws which protect disabled consumers from inflated prices for necessary adaptive equipment, "lemons", poor and unsafe installation, fees and bureaucratic ordinances. To protect citizens with disabilities consider a free safety inspection program. The spirit and intent of the federal American with Disabilities Act (ADA) is to create equality for individuals with disabilities. If my daughter did not have disabilities I would not be writing you today. I must question the appropriateness of the City actions regarding our predicament and how this ordinance relates to ADA. I know you are sensitive to these issues given your work on the State Senate Committees on Children & Families and Mental Health & Developmental Disabilities. I hope you'll give your full attention to this concern and begin to make Buffalo a City which is friendly to and supports the needs of the disabled. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. PETITIONS No. 59 Denise M. Dzierzewski, owner, petition to Rezone 135 Dingens Street from M-2 to R-3 District for a single family residence. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 60 J. Scibetta, owner, and V. Botticelli, tenant, petition to use 26-28 Linwood Avenue to use a portion of existing doctor's office for a beauty shop. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 61 Anthony DiPiano, owner, petition to use 2091 Seneca Street for a take-out restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REPORTS OF SPECIAL COMMITTEES STADIUM/AUD TASK FORCE HON JAMES W. PITTS CHAIRMAN No. 62 Buffalo Sabres/Ownership Information (Item # 75 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 63 Convention Center/Favor Crossroad Site For Arena (Item # 82 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 64 Exclude 79 Perry/49 Illinois From Crossroads Site (Item # 144 CCP Dec 10, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 65 Draft EIS/Crossroads Arena (Pres. Bd.) (Item # 17 CCP Sept 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 66 By: Mr. Arthur 717 Sherman Street Whereas: Cornelius G. Harris and W of 719 Sherman Street are the owners of record of 717 Sherman Street, Buffalo, New York 14211; and Whereas: There was some confusion over the paying of the taxes for 717 Sherman Street and it was included in the auction for the Buffalo ' Tax Foreclosure, In Rem #26 10/25/93; and Whereas: After the auction, 717 Sherman Street, reverted to the City Of Buffalo; and Whereas: After discussions with the Director of the Division of Real Estate, he has no objections against the Harris Family reclaiming 717 Sherman Street for fees and back taxes; and Now, Therefore, Be It Resolved That: This Honorable Body direct the Corporation Counsel and the Division of Real Estate to take whatever steps necessary for the Harris family reclaim 717 Sherman Street REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 67 By: Mr. Collins Transfer of Funds Fringe Benefits Mayor and Executive Department 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 $150,000 be and the same is hereby transferred from Fringe Benefits and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-3 - Fringe Benefits 151 - NY State Police & Fire Retirement System $150,000 To: 100 General Fund 03-0 Mayor and Executive Department 001 - Executive Function Purchase of Services 580 - Non-Professional Personal Services $150,000 PASSED. AYES- 13 NOES- 0. No. 68 By: Mr. Coppola Request Reduction in Parking Spaces for Hertel Park Elderly Housing Whereas: Article XIX Off-Street Parking and Loading, 511-96. Space Requirements, Subsection D. Exceptions (2) allows the Common Council by resolution to reduce the number of parking spaces, not less than forty percent, in the case of apartment houses designed for and occupied by persons sixty (60) years of age or over and/or by persons with handicapping conditions; and Whereas: The former Sample Shop located at 1607-31 Hertel Avenue is being developed into housing for the elderly with retail shops on the street level; and Whereas: The developer has requested that he be allowed to reduce the number of off-street parking spaces up to the forty percent limit allowed in the above subsection of Article XIX; and Whereas: The reduction in parking spaces would not affect designated parking for disabled persons or retail spaces. Now Therefore Be It Resolved That This Common Council, in accordance with Article XIX, Section 511-96, Subsection D (2), gives permission to Hertel Park Associates L.P., developer of Hertel Park Elderly Housing, 1607-31 Hertel Avenue, to reduce the number of off-street parking spaces up to the forty percent limit allowed in the above zoning ordinance, with the resulting reduction not affecting designated parking for disabled persons or retail spaces. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. No. 69 By: Mr. Coppola Discharge Legislation Committee Molly's Pub - Use 3199 Main - Expand Rest. (HRG. HELD) (Item 100, C.C.P., December 14, 1993) Whereas, the above item is currently tabled in the Legislation 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 Legislation Committee from further consideration of this item, and the item is now before the Common Council for its consideration. ADOPTED. Mr. Pitts now moved that Item No. 100, C.C.P. December 14, 1993 be and the same is hereby approved. Seconded by Mr. Helfer. PASSED. AYES- 13 NOES- 0. No. 70 By: Mr. Fahey Council Endorsement of Daeman College Lead Project Whereas: The Daeman College Upper Division Nursing Program has offered to devote a Spring course to research in support of the mission of the joint City/County Lead Action Task Force; and Whereas: In the Spring of 1993 Daeman students did an excellent job researching lead services available in Erie County for the Task Force; and Whereas: This semester students will be contacting local pediatricians, family practitioners and obstetricians to survey the degree to which local doctors are integrating lead awareness in their practices; and Whereas: The information gathered will be useful to the Task Force and the process of surveying physicians should increase their awareness of the lead issue; and Whereas: This effort should dovetail nicely with the enactment of new regulations from the State DOH which recommend the testing of all one year old children and require the certification of lead testing for all children entering preschool or child care; Now Therefore Be It Resolved, That: This Common Council endorses the establishment of a Spring 1994 Daeman College Nursing Division course devoted to research in support of the joint City-County Lead Action Task Force; and Be It Further Resolved, That: The City Clerk be directed to send a certified copy of this resolution to Dr. Mary Lou Rusin, Nursing Department, Daeman College, 4380 Main Street, Amherst, NY 14226. ADOPTED. No. 71 By: Mrs. LoTempio Salary Ordinance Amendment 01-0 Common Council The Common Council of the City of Buffalo do ordain as follows: That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 01 - Common Council under the subheading "001 Legislative" which reads: 1 Secretary to Minority Leader Common Council $1 is hereby amended to read: 1 Secretary to Minority Leader Common Council $26,657 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, George K. Arthur, President of the Common Council and Salvatore A. Morreale, Director of the Budget, hereby certify that the increase in salary of the position of Secretary to Minority Leader Common Council 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. This ordinance shall be retroactive to January 3, 1994. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, hereby certify that the position of the City will be subserved by the increase in compensation provided for the position set forth in the foregoing ordinance. Approved As To Form Edward Peace Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 72 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: Michael J. DiVito Gregory J. Tramont Pamela L. Mayer James W. Malone Cornelius J. Keane Cheryl A. Kane Patrick J. Garlock Charles S. Cala TOTAL 8. ADOPTED. UNFINISHED BUSINESS No. 73 Recommendations to Financial Commission Report (Item No. 173, C.C.P., Mar 16, 1993) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Coppola. CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Zuchlewski. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FAHEY, FRANCZYK- 2. No. 74 Reconsider Appt. New Police Commissioner (Item No. 168, C.C.P., Dec. 28, 1993) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Coppola. Carried. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Zuchlewski ADOPTED. No. 75 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, Jan 18, 1994 9:30 AM Finance Tuesday, Jan 18, 1994 Immediately Following Civil Service Legislation Tuesday, Jan 18, 1994 2:00 PM Economic Dev Wednesday, Jan 19, 1994, 10:00 AM Ancillary Committees C.A.T.V. Wednesday January 12, 1994 10:00 AM/1417 No. 76 Adjournment On a motion by Mr. Pitts, seconded by Mrs. LoTempio the Council adjourned at 3:15 PM. Charles L. Michaux, III City Clerk Meeting Reported By Leonard G. Sciolino, Council and Committee Reporter.