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HomeMy WebLinkAbout94-0208 No. 3 Common Council Proceedings of the City of Buffalo Regular Meeting, February 8, 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, February 8, 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. Helfer, the minutes of the stated meeting held on January 25, 1994 and the Special Session held on February 2, 1994, were approved. FROM THE MAYOR No. 1 1994-95 Recommended Budget - Pilot Field I hereby submit to your Honorable Body my 1994-95 recommended budget for the Pilot Field Enterprise Fund pursuant to Local Law and Section 295.9(c) of the City Charter. This budget covers operating costs and debt service requirements for Pilot Field's 1994-95 fiscal year which runs from April 1 through March 31. The budget I recommend is 8.5 percent less than last year's budget totaling $2,204,585 which consists of $1,382,360 in operation and maintenance costs and $822,225 for debt service requirements. The debt service cost represents the City's 1994-95 subsidy for the construction of Pilot Field. Debt service requirements declined 1.5 percent from last year's level. Operation and maintenance costs have been reduced 12.2 percent in the 1994-95 budget to offset a concomitant reduction in revenues resulting primarily from a 11.1 percent reduction in rent revenues and a 22.6 percent reduction in concession revenues. This reduction in operating and maintenance costs will, once again, permit Pilot Field operations to be self-sustaining thus, not necessitating a subsidy from the City General Fund. I respectfully request that your Honorable Body approve the budget I am submitting for I believe it will result in another successful season for the Bisons and the City. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 Colston Collision Inc. - Request to Erect A Pole Sign at 1507 Fillmore Ave. Item No. 77, C.C.P., January 25, 1994 The City Planning Board at its regular meeting held Tuesday, February 1, 1994, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an illuminated accessory pole sign measuring 7 feet 6 inches by 3 feet 2 inches, or 23 1/4 square feet of sign face area (not including gasoline price signs). The overall height of the sign will be 18 feet. The site is located in an MI zone which allows such signs. Under SEQR the proposed sign may be considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 3 Goodyear Auto Service Center - Request To Place A Pole Sign at 370-380 Niagara St. Item No. 78, C.C.P., January 25, 1994 The City Planning Board at its regular meeting held Tuesday, February 1, 1994, considered the above request pursuant to Sections 387-19 and 511-68 of the Buffalo Code, Review of Pole Signs and the Niagara Coastal Special Review District. The applicant seeks to erect a 33 foot high illuminated, accessory, pole sign with a sign face area of 150 square feet (6 feet by 25 feet). The site is located in a CM zone which permits such signage. The site is also overlain by the Niagara Coastal Special Review District which requires that your Honorable Body review all such requests. Lastly, under SEQR the proposed sign may be considered a Type II action which does not require further environmental review. While the sign's height is permitted under the CN zone, the Board felt that the requested height of 33 feet was excessive and recommended that it be lowered to 22 feet. The applicant agreed to the Board's request. Given this, the Planning Board voted to approve the proposed sign on the condition that it be no greater than 22 feet in overall height. RECEIVED AND FILED. No. 4 Walgreens - Request To Review A Decorative Screen at 650 Delaware (corner North) Item No. 7, C.C.P., October 19, 1993 The City Planning Board at its regular meeting held Tuesday, October 12, 1993, considered the above request pursuant to section 511-92A(2) of the Buffalo Code, Review of Decorative Screening on Delaware Avenue. The applicant seeks to screen off-street parking for a new retail facility with a decorative masonry wall which incorporates a bermed vegetative strip. The proposed wall will be made of the same brick which the new store will utilize. It will measure 3 feet 8 inches in height from the Delaware and North Street sides (the wall will be 4 feet 8 inches in height but will be 1 foot below the grade of the berms on the Delaware Avenue and North Street sides). Under the ordinance, such decorative screening must be reviewed by the City Planning Board prior to a decision of your Honorable Body. Under SEQR the proposed decorative screen is considered a Type I action which is currently under review by the Buffalo Preservation Board since the site is located in the Allentown Preservation District. Given this, the Planning Board voted to approve the proposed decorative screen while noting that the screening must also be approved by the Buffalo Preservation Board, therefore ratifying the proposed screening. Mr. Pitts moved: That the communication from the City Planning Board, dated February 3, 1994, be received and filed; and That pursuant to Buffalo City Code, Ch. 511, 511 -97A(2), this Common Council, upon recommendation of the City Planning Board, hereby grants final approval for the proposed decorative screening to surround off-street parking at the Walgreen Pharmacy to be constructed at 650 Delaware Avenue. ADOPTED. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 5 Union Ship Canal Redevelopment Project Tax Liens Item No. 161, C.C.P. 12/14/93 The Environmental Management Commission responds to the Common Council's referral of issues regarding Union Ship Canal redevelopment. The Commission is pleased to hear of plans for this site and pleased that they will be undertaken in compliance with the Local Waterfront Revitalization Program. The site is a New York State listed inactive hazardous waste site. Appropriate re-use of such sites is extremely desirable. To that end, the Commission considers the following requirements absolutely necessary for the protection of public health/environment. They are not currently specified in the list of conditions which the City calls for in exchange for releasing its lien. 1) With regard to currently specified condition number six: The developers should provide the City with all environmental studies and reports regarding the site, as they are produced. This will make possible evaluation of the sufficiency of protective hazard management measures. 2) With regard to condition number three: It should be made clear that the developer will be responsible for adequate management of environmental and human health dangers on the entire site which it proposes to acquire. The Commission respectfully asks that, pursuant to the applicable requirements of local ordinance and SEQR, it be kept advised of developments with regard to the site. REFERRED TO THE COMMITTEE ON FINANCE. No. 6 Delete Hertel Parcel From Hazardous Registry Item No. 76, C.C.P. 1/25/94 The Environmental Management Commission responds to the Common Council's referral of the DEC's delisting of the Hertel Avenue Site as a New York State Inactive Hazardous Waste Site. The site is owned by Conrail, is now free from what is classified as hazardous waste, but is still contaminated by elevated levels of heavy metals and fuel oil. The site is almost surrounded by railroad tracks and reasonably remote from public access. The delisting of this site raises two general issues: 1) The DEC's January 11 notice to the City Clerk seems to have been the first notice directed specifically to the city on the site's delisting process. At the least, systems of early notice to the City should be enhanced. 2) The City needs a property hazard flagging system to record and make accessible information about property contamination. While the Hertel site is unlikely to pose an unreasonable public danger, it would be prudent for the City to begin to move toward establishing an appropriate system to keep track of all parcel specific hazard data, including data on contamination which may remain after delisting and which may limit site use. The Commission would be pleased to assist where appropriate in either of these efforts. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF ETHICS No. 7 Review Parking Bd. Member Status Res. 170, CCP, Dec. 28, 1993 Reference is made to your letter dated December 30, 1993 in the above matter. Please be advised that the propriety of Mr. Paladino's membership on the Buffalo Board of parking is presently under review and consideration by the Board of Ethics. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. FROM THE COMPTROLLER No. 8 Certificate of Determination $19,237,000 Bond Sale CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF (1) $13,987,000 GENERAL IMPROVEMENT SERIAL BONDS - 1994-A AND (2) $5,250,000 SCHOOL SERIAL BONDS - 1994-B OF THE CITY OF BUFFALO, NEW YORK, AGGREGATING $19,237,000 AND PROVIDING FOR THE PUBLIC SALE THEREOF. SEALED PROPOSALS will be received by the undersigned Comptroller of the City of Buffalo, in the County of Erie, New York at the offices of Hawkins, Delafield & Wood, 67 Wall Street, 12th, Floor, New York, New York on February 8, 1994 until 11:00 o'clock A.M. (Prevailing Time) at which time they will be publicly opened and announced for the purchase of the following issues of Bonds of said City: $13,987,000 General Serial Bonds and $5,250,000 School Serial Bonds. The Bonds of both issues will be dated February 1, 1994 and will bear interest at the rate (s) per annum specified by the successful bidders therefor in accordance herewith, payable on August 1 , 1994 and semi-annually thereafter on the first days of February and August in each year until maturity. The Bonds will be delivered and shall be paid for on or about February 23,1994 , at such place in New York City, and on such business day and at such hour, as the Sale Officer shall fix on three business days notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder. A Preliminary 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 City, at (212) 809-700 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 City Clerk - Exempt Items We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $16,000 in the estimates for the fiscal year beginning July 1, 1993 is necessary in Appropriation Allotments - Division of City Clerk 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 purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, January 26, 1994 RECEIVED AND FILED. No. 10 Certificate of Necessity Transfer of Funds Stadium & Aud - Pilot Field - Purchase of Services Stadium & Aud - Pilot Field - Capital Outlay 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 $175.00 be transferred and reappropriated from the Pilot Field account for the purchase of insurance and Surety Bonds, 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 26,1994 RECEIVED AND FILED. No. 11 Certificate of Necessity Transfer of Funds Division of Budget and Management Division of Development 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 $12,390 be transferred and reappropriated from the Division of Budget and Management, as set forth below: Dated: Buffalo, NY, January 31, 1994 RECEIVED AND FILED. No. 12 Debt Statement Pursuant to Section 109.00 of the Local Finance Law of the State of New York, we are filing a copy of the Debt Statement of the City of Buffalo, prepared as of January 15, 1994. Debt Statements and duplicates thereof, filed pursuant to this section, shall be public records. REFERRED TO THE COMMITTEE ON FINANCE. No. 13 Replacement of Bonds This is to advise your Honorable Body that I have caused to be issued two General Improvement Serial 1968 - 69F bonds, dated 2/1/69, due 8/1/94, #6 81-682, each in the amount of $5,000 to replace two bonds that were lost. Section 164.00 of the Local Finance Law requires that the owner shall furnish proof of ownership, proof of loss and security sufficient to indemnify the Municipality against any loss. Such security shall be filed in the office of the City Clerk. Pursuant to Section 164.00 of the Local Finance Law, we are filing a Sole Obligor Bond, affidavit of Loss and a Power of Attorney in reference to two lost bonds in the office of the City Clerk. REFERRED TO THE COMMITTEE ON FINANCE. No. 14 Results of Negotiation Sycamore, Grey Street Properties Item No. 54, C.C.P. 1/25/94 In the above referenced item, Your Honorable Body authorized this office to negotiate a private sale for 24 sites located on Sycamore and Grey Streets to Habitat for Humanity. The sites consist of 23 vacant lots and one improved property at 97 Grey Street. Habitat was unaware of the improved property at 97 Grey and are amending their request, excluding 97 Grey Street. A copy of the twenty-three lots are attached to and made part of this communication. The Division of Real Estate has negotiated with Mr. Thomas G. Robinson of Habitat for Humanity. Transfer of the properties has been agreed to upon the following terms and conditions: 1. Habitat for Humanity will acquire each parcel for One Dollar. 2. Habitat intends to develop 2 to 3 new single family homes annually. 3. Habitat will transfer these new homes to low income families. 4. The transfer of the properties are contingent upon the above terms. Failure by Habitat to develop housing for low income ownership, will result in title reverting back to the City of Buffalo all the parcels not developed. This office, as well as Your Honorable Body, is aware of the important work Habitat for Humanity has been involved in providing both rehabilitated and new housing for low income families. The City has directly benefitted from Habitat's projects through the generation of property taxes collected from these new and rehabilitated properties. I wholeheartedly support the efforts of Habitat for Humanity and recommend that Your Honorable Body and the Administration approve the transfer of the above properties to Habitat for Humanity, upon the terms and conditions established above. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. ADDRESS LOT SIZE 49 GREY STREET 25 X 191 51 GREY STREET 30 X 191 53 GREY STREET 30 X 191 57 GREY STREET 26 X 191 59 GREY STREET 27 X 191 61 GREY STREET 25 X 120 74 GREY STREET 53 X 190 88 GREY STREET 27 X 190 90 GREY STREET 27 X 190 83 GREY STREET 26.5 X 190 85 GREY STREET 26.5 X 190 87 GREY STREET 26.5 X 190 93 GREY STREET 26.5 X 190 101 GREY STREET 53 x 190 105 GREY STREET 28 X 190 107 GREY STREET 25 x 190 111 GREY STREET 32 X 190 579 SYCAMORE 40 X 97 581 SYCAMORE 30 X 112 585 SYCAMORE 25 X 120 587 SYCAMORE 30 X 133 589 SYCAMORE 28 X 144 Mr. Pitts moved: That the communication from the Comptroller, dated February 7, 1994, be received and filed; and That the offer of Mr. Thomas G. Robinson of Habitat for Humanity, for the transfer of title of twenty-three lots attached to the above item be, and hereby is accepted; and That the Corporation Counsel be authorized prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms and conditions listed in the above item. PASSED. AYES- 13 NOES- 0. No. 15 Permission to Negotiate 421 Pratt (25' x 132') 300' S Genesee Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Linda M. Oden Johnson, Buffalo, NY, 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 Ms. Linda M. Oden Johnson and will report the results of our negotiation back to Your Honorable Body for final approval. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Certificate of Appointment Appointment effective January 25, 1994 in the Department of Audit & Control, Division of Audit, Joanne F. Mytnik, 102 Richmond Ave., Buffalo, New York 14222, to the position of Stenographer, Temporary, at the Intermediate starting salary of $20,205. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 17 Annual Report P.I.L.O.T. Agreement Item No. 188, C.C.P. 09-15-92 This annual report is written as directed by C.C.P. No. 188 dated September 15, 1992, "Annual Reports P.I.L.O.T. Agreements." I am notifying Your Honorable Body that the following P.I.L.O.T. Agreements are unpaid as of their due date of December 31, 1993. The attached list of unpaid P.I.L.O.T. Agreements was prepared on January 27, 1994. Since the Erie county Industrial Development Agency is empowered to enforce P.I.L.O.T. Agreements, I have notified Dr. Ronald W. Coan of the E.C.I.D.A. that his agency should pursue collection of these unpaid P.I.L.O.T.'s on behalf of the City of Buffalo and to keep me informed on a regular basis of his progress. The following city officials were also notified in this matter: Mayor Anthony M. Masiello, comptroller Joel A. Giambra, Common Council President George K. Arthur, and Corporation counsel Edward D. Peace. I will keep Your Honorable Body informed on a regular basis of Dr. Coan's progress in this matter. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE CORPORATION COUNSEL AND THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY. FROM THE COMMISSIONER OF PUBLIC WORKS No. 18 Appointment of Director of Buildings I wish to appoint Mr. John A. Lydon of 58 Chatham Avenue, Buffalo, New York to the position of Director of Buildings effective February 2, 1994. Mr. Lydon has a Masters of Science in Architecture from the State University of New York at Buffalo and also holds a Bachelors Degree of Science in Industrial Arts Education from Buffalo State College. Mr. Lydon holds a license from the State of New York as a Registered Architect. He is also a Certified New York State Building Code Enforcement officer. In the past, Mr. Lydon has worked for architectural and engineering firms of Reinhardt and Schwartz, Deserio-Abate Engineers; Howard Bell Architect; T. Paul Jansen, Structural Engineers; and Stieglitz, Stieglitz, Tries, Architects. Mr. Lydon fully meets the Charter requirements for this position. The salary as Director of Buildings will be $51,004.00. RECEIVED AND FILED. No. 19 Notification Serial #8332 Repeal of Permissive Parking at #2375 South Park Avenue Sorrento Cheese Co., Inc. PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the PERMISSIVE PARKING following: PERMISSIVE PKG PERIOD PERMISSIVE PKG DAILY South Park Ave, west side 2 hour parking 7a.m. - 4 p.m. between the south curbline Except Sunday extended of Aldrich Pl. and a point 155' north therefrom These changes will produce a "No Parking" zone around Sorrento's loading docks and will not adversely affect on-street parking in this area. Notification Serial # 8333 Repeal of No Standing at #2375 South Park Avenue Sorrento Cheese Co., Inc. NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the NO STANDING following: PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY South Park Avenue, west side 4 p.m. - 6 p.m. between the south curbline Except Sunday extended of Aldrich Place and a point 155' north therefrom These changes will produce a "No Parking" zone around Sorrento's loading docks and will not adversely affect on-street parking in this area. Notification Serial #8334 Install No Parking Anytime at #2375 South Park Avenue Sorrento Cheese Co., Inc. NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the NO PARKING following: PROHIBITED PRTN HIGHWAY PROHIBITED PORTION HIGHWAY LOCATION South Park Ave, west side between south curbline extended of Aldrich Place and a point 155' north therefrom These changes will produce a "No Parking" zone around Sorrento's loading docks and will not adversely affect on-street parking in this area. RECEIVED AND FILED. No. 20 Claim for Wages Various Employees From January 31 through February 13,1994 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 $30,000.00. 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 appointment 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 31 through February 13, 1994: George Evans 10 days @ $119.540 per day = $1,195.40 Michael Farrel 10 days @ $119.540 per day = $1,195.40 John Harter 10 days @ $114.922 per day = $1,149.22 Joseph Kalinowski 10 days @ $119.540 per day = $1,195.40 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 February 1, 1994, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from January 31, 1994 through February 13, 1994 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 21 Claim for Wages Various Employees From February 14 through February 27, 1994 members of the crew of the Cotter worked while an agreement was being formulated to cover various aspects of their employment. On May l, 1993 each employee should have been transferred from the Engineering Division to the Buildings Division and their salaries set at $30, 000. Due to the fact that the above mentioned agreement was not finalized and approved by the Budget Director, the Civil Service Commission and Your Honorable Body the proper appointment 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 February 14 through February 27, 1994: George Evans 10 days @ $119.540 per day = $1,195.40 Michael Farrel 10 days @ $119.540 per day = $1,195.40 John Harter 10 days @ $114.922 per day = $1,149.22 Joseph Kalinowski 10 days @ $119.540 per day = $1,195.40 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 February 1, 1994, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from February 14, 1994 through February 27, 1994 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 22 Change in Contract General Construction Work Second Floor Reconstruction Police Headquarters I herewith submit to Your Honorable Body the following change in contract for the Second Floor Reconstruction, Police Headquarters, Gerald T. Stay Co., Inc. C-91691100: 1. Additional leveling required in various rooms due to conditions discovered during demolition. Include access doors and steel floor plate. Add $2,280.45 2. Additional work required at Commissioner's bathroom due to existing plumbing, etc. discovered during demolition. Add $ 976.35 The foregoing change results in a net increase in the contract of Three Thousand Two Hundred Fifty-six and 80/100 Dollars ($3,256.80). Summary Original Amount of Contract $168,375.00 Amount of this change (No. 1) Add 3,256.80 Revised Amount of Contract $171,631.80 These changes were requested by our consultant, E.I. Associates, Inc. on this project. These changes could not be foreseen at the time contract was let. Cost have been reviewed by the consultant and the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-513 - 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. Pitts moved: That the communication from the Department of Public Works dated January 20, 1994, be received and filed; and That the Commissioner of Public Works, be and he hereby is, authorized to issue a change order No. 1 to Gerald T. Stay Co., Inc. C-91691100, a net increase in the amount of $3,256.80, as more fully described in the above communication, for additional work relating to the General Construction Work for the Second Floor Reconstruction, Police Headquarters. Funds for this contract are available in BIF 200-402-513. PASSED. AYES- 13 NOES- 0. No. 23 Change Order No. 1 Reconstruction of Skylight Over Pump Room J.R. Filipone, Inc. City Contract 91744000 I hereby submit to your Honorable Body the following change order with J.R. Filipone, Inc. for additional work relating to Reconstruction of Skylight over Pump Room, Col. Ward Station Complex, City Contract No. 91744000. New Work Item No. 3 - Furnish and install 3/8" stainless steel cables from the existing ladder on the Pump House to the Catwalk. All necessary fittings and connections and one OSHA required cable grabber for man access is included in the cost. Increase: $1,502.50 New Work Item No. 4 - Furnish and install 1/4" polycarbonate plexiglass over monitor bird screen and louvers at the Pump House. Increase: $4,525.25 New Work Item No. 5 - Remove bird screen and apply louver and bring to storage site. Increase: $ 690.00 New Work Item No. 6 - Caulk around windows on the Monitor Wall over the new pumps. Increase: $ 799.25 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of Contract . $75,000.00 Amount of Change Order No. 1 - Increase $ 7,517.00 CURRENT AMOUNT OF CONTRACT $82,517.00 Funds in the amount of $7,517.00 are available in the Division of Water's 416 Capital Project Fund, 980-043 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Pitts moved: That the communication from the Department of Public Works dated January 19, 1994, be received and filed; and That the Commissioner of Public Works, be and he hereby is, authorized to issue a change order No. 1 to J.R. Filipone, Inc., C-9174400, a net increase in the amount of $7,517.00, as more fully described in the above communication, for additional work relating to Reconstruction of Skylight over Pump Room, Col. Ward Station Complex. Funds for this contract are available in the Division of Water's Capital Project Fund, 980-043 account. PASSED. AYES- 13 NOES- 0. No. 24 Emergency Street Closures Around the Central Terminal - Curtis Street and Paderewski Drive This communication is to notify your Honorable Body of emergency street closures located around the Central Terminal. Due to illegal dumping, the City Engineer deemed the aforementioned area a safety hazard to pedestrians and motorists and ordered emergency street closures be made on Curtiss Street and Paderewski Drive. On January 20, 1994, the Department of Public Works had lighted, concrete Jersey barriers and appropriate signage installed at the following locations (see attached sketch): 1.) 20' barrier on Curtiss Street - 415' east of the east curb line of Memorial Drive. 2.) 20' barrier on Curtiss Street - 100' south of the south curb line of Newton Street. 3.) 40' barrier on Paderewski Drive - 5' east of the east curb line of Memorial Drive. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 24, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to close streets at Curtis Street and Paderewski Drive, as more fully described in the above communication. PASSED. AYES- 13 NOES- 0. No. 25 Feasibility of Traffic Signal at Seneca and Chicago Streets Item No. 171, C.C.P. 12/28/93 This is in response to C.C.P. #171 of December 28, 1993. This communication requested that the Department of Public Works study the feasibility of installing a traffic signal at the intersection of Seneca and Chicago Streets. Please be advised that the Department of Public Works - Traffic Section has performed a traffic signal study at the aforementioned location, results of which are detailed below. The New York State Manual of Uniform Traffic Control Devices describe specific parameters, or warrants, that must be satisfied to warrant a signal installation. These parameters include such things as accident history, vehicular volumes, and pedestrian volumes. The relevant parameters of the intersection were analyzed as part of our traffic study. None of the necessary conditions exist to justify a traffic signal at this intersection. Therefore, the Department of Public Works cannot install a traffic signal at the intersection of Seneca and Chicago Streets. REFERRED TO THE COMMITTEE ON FINANCE. No. 26 Removal of Michigan Avenue Bridge, Construction of At Grade Crossing Item No. 204, CCP, 1/25/94 In response to the above resolution kindly be advised that the Department of Public Works has formerly requested removal of said bridge as of July 24, 1990. Said request was transmitted to William Dwyer, Senior Attorney, office of Legal Affairs N.Y.S.D.O.T. and to Consolidated Rail Corp. On August 9, 1990 the City of Buffalo Law Department received confirmation of our petition from the State of New York office of Regulatory Affairs. On April 5, 1991 our Law Department received comments from J. D. Cossell, Chief Engineer of Conrail. Conrail strongly stated that due to safety and liability reasons they cannot support our proposal to remove the Michigan Avenue Bridge and construct an at-grade crossing. In various meetings with the N.Y.S.D.O.T., it was suggested that the City prepare a formal study on the economic benefits for said removal. Said report was prepared by the City and completed on August 26, 1993. Upon completion of the economic benefits analysis, I personally met with the representative of the N.Y.S.D.O.T. concerning this issue. Mr. Robert J. Russell, P.B., Regional Director explicitly advised me that the removal and construction of an at grade crossing would be against the present policy and in fact their policy was sent to the City on September 7, 1993 for review. As Conrail and N.Y.S.D.O.T. seem to be against said removal, the Department of Public Works agrees with your resolution that a public hearing should be convened to determine community support. Also, the Department of Public Works suggests that the N.Y.S.D.O.T. and Conrail be explicitly invited to said hearing to restate their position. REFERRED TO THE COMMITTEE ON FINANCE AND CONRAIL. No. 27 Z. Bernstein, MD Forgive Water Bill - 175 Tenth Street The billing for the miscellaneous charge for 175 Tenth Street in the amount of $838.28 was sent to Louis Breton, 25 Washington, Attica, New York 14011. In 1991 the Division of Water had Mr. Breton listed as owner of record. No payments were received so this charge became a lien on the property in September, 1991. The print out from Assessor's (copy attached) indicated the prior owner to Angel & Sylvia Rivera was Louis Breton, 25 Washington Street. This charge remained a lien on the property and was never sent to Zale and Barbara Bernstein who was the interim owner. The Division of Water will therefore cancel this bill only because it did not reach the rightful owner due to an error on the Assessor's records. REFERRED TO THE COMMITTEE ON FINANCE. No. 28 Certificate of Appointment Appointment effective January 25, 1994 in the Department of Public Works, Division of Water, JanRobin J. Ford, 47A Altruria Street, Buffalo, 14220, to the position of Chemist, Permanent, at the intermediate starting salary of $ 30,670. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 29 Laborer II Positions Item # 128, #129, #130 and #131, C.C.P., October 5, 1993 I have been asked to respond to the above-named items. Please be advised that the former Administration upgraded the Laborer I position to Laborer II because the job specifications in each title were similar and there was some overlapping of duties and responsibilities. Therefore, no new positions were created, but in fact, the titles were upgraded. RECEIVED AND FILED. No. 30 Report on Park Superintendent Eligibility Requirements Item #186 C.C.P., October 19, 1993 I have reviewed the two above-named items with reference to the Park Superintendent Eligibility Requirements. This administration was not asked to review the job specifications for this position and did not make any changes or corrections. At this time, I am not in favor of the changes as submitted by the Civil Service Commission. RECEIVED AND FILED. No. 31 Elm Leaf Beetle Management Item No. 3, C.C.P., January 11, 1994 This is to follow up my recent appearance before the Legislation Committee on January 18, 1994, in response to the above. I would like to report the following: Presently the Parks Department has approximately 420 lbs of Sevin 80W (Powder) 42-- 10 lb. bags; 450 lbs of Sevin 805 (Powder) 45--10 lb. bags and 380 gals. of Sevin 4F (Liquid) 76 -- 5 gal boxes. There are no expiration dates on any of these pesticides. According to "AGWAY", the manufacturer of these products, the Sevin 805 and Sevin 80W (powder) have a shelf life of 12 to 15 years. The Sevin 4F (liquid) has a shelf life of several years. Since Sevin is still widely used by private and commercial pesticide applicators, it is our belief that we may be able to sell or auction off this product. We will be in contact with the General Services Department, asking their advice on the best possible way to do this. As for the $50,000. available for the 1994 spraying season, we will be meeting with the Pest Management Board on a regular basis, seeking their advice and recommendations, for the Spring of 1994. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF POLICE No. 32 Official Closing Of Precinct # 15, 2219 South Park Avenue In response to a January 13, 1994 letter request from South District Councilmember Bonnie Kane Lockwood regarding the subject as above, a copy of Departmental General Order 93-9 dated 12-01-93 is attached. RECEIVED AND FILED. No. 33 Permission To Accept Donated Vehicles I respectfully request permission to accept 2 vehicles donated by the Defense Logistics Agency of the United States Government. The following is a description of the 2 vehicles: 1976 Dodge W-200 Truck Ambulance M886, Vehicle ID W21BE7S215719 and 1976 Dodge W-200 Truck Ambulance, Vehicle ID W2IBE7S053232. At no cost to the city, these vehicles would help make the Department more efficient in fighting crime. Mr. Pitts moved: That the communication from the Commissioner of Police, dated January 18, 1994, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept two vehicles donated by the Defense Logistics Agency of the United States Government, as more fully described in the above communication. PASSED. AYES- 13 NOES- 0. No. 34 L. Goins - Claim For Pay Lost On Suspension Item #56, C.C.P. January 11, 1994 Comments regarding the subject as above are attached. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF FIRE No. 35 Urban Street Flour Mill The Buffalo Fire Department is greatly concerned about the pending closing of Cargill's Urban Street Flour Mill. We have had a long history of fighting fires in grain elevators, and numerous calls for children being trapped in abandoned machinery or falling from great heights while playing in the area of abandoned mills. Our experience has shown that these large companies are reluctant to secure their closed properties sufficiently. If there is anything I can do to facilitate proper security in their complex once they are closed, I will be glad to help. If I can also be of any help in keeping them open, please advise. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. FROM THE CORPORATION COUNSEL No. 36 Settlement of Claim Against Mary F. Long On December 7, 1991, a City police vehicle occupied by Police Officers George Bratton and Milton Jeffries was involved in an accident at Clinton and Michigan. A vehicle driven by Mary F. Long ran into the police vehicle which was responding to an emergency with lights and siren on. As a result of the accident, Police Officer George Bratton was off work between December 7, 1991 and February 11, 1993. Police Officer Milton Jeffries was off work between December 7, 1991 and February 6, 1993. The police vehicle was pushed into a car owned by Agency Rent-A- Car. George Bratton and Milton Jeffries filed lawsuits against Ms. Long seeking recovery for personal injuries. Milton Jeffries was diagnosed as having a musculo ligamentous injury to his back. George Bratton had a head injury and a right lumbar radicupathy to the back with myotascial component and a possible convulsive disorder. The City of Buffalo filed a lawsuit against Ms. Long seeking $18,263.84 for medical and wages paid in excess of no-fault insurance and $14,950.00 for property damage to the vehicle. Agency Rent-A-Car also filed a claim for $1,970.91 for property damage to its vehicle. Ms. Long has insurance coverage on her vehicle. She has a $10,000.00/$20,000.00 policy limit for personal injury claims. This provides a maximum of $10,000.00 coverage for each personal injury claim. In total, there is $20,000.00 in coverage for the two personal injury claims brought the officers, as well as the claim of the City of Buffalo for wages and medical bills. There is also a $5,000.00 limit for the property damage claims of the City of Buffalo and Agency Rent-A-Car. The insurance company and plaintiff's attorney have offered the following proposal: 1.) The property damage claims would be pro-rated against the $5,000.00 limit. As a result, the City of Buffalo would receive $4,316.65 and Agency Rent-A-Car would receive $83.35. 2.) As to each personal injury claim, the following compromise has been proposed. As to each claim against the $10,000.00 coverage limit, the plaintiff's attorney would receive one-third ($3,333.33), the City of Buffalo would receive $2,500.00 and the plaintiff police officer would receive the balance of $4,166.67. The total payment to the City of Buffalo for wages and medical bills would be $5,000.00. The net result of this settlement would be payment to the City of Buffalo of the sum of $9,316.65. In light of the limited insurance coverage, the unavailability of assets beyond insurance coverage, the costs of trial and the substantial personal injury claims brought by the injured police officers, the Law Department respectfully requests that your Honorable Body authorize the settlement of this matter for the sum of $9,316.65, payable to the City of Buffalo. Mr. Pitts moved: That the communication from the Corporation Counsel, dated January 31, 1994, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to accept the sum of $9,316.65 payable to the City of Buffalo in settlement of the claim of Mary F. Long. PASSED. AYES- 13 NOES- 0. No. 37 Forgive Taxes 221 Linwood Avenue Item No. 21, C.C.P., December 14, 1993 The Law Department has been asked to comment on possible church/state implications of the tax abatement proposal for 221 Linwood Avenue. Buffalo Teen Challenge, which proposes to use 221 Linwood as part of a residential program, is apparently an arm of the Assemblies of God religious faith. The Director of Buffalo Teen Challenge is Reverend Don Swartzlander. The extent to which religion and the instruction in a particular faith may be involved in this group's program is unclear, and warrants further exploration. It would be useful if Reverend Swartzlander could be invited to explain the program in more detail. RECEIVED AND FILED. No. 38 Ownership History of 1489 Fillmore Avenue Item No. 46, C.C.P., 12/28/93 With respect to your inquiry regarding the ownership history of the above property, please be advised that a full title search for the property has revealed no additional information. Moreover, we suggest that action taken with respect to this property be discussed in Executive Session. RECEIVED AND FILED. No. 39 Request Ordinance - Forfeiture of Drug Seized Assets Item No. 159, C.C.P., 2/16/93 Responsibility - Cleaning Up After Dogs Item No. 178, C.C.P., 4/13/93 Request Ordinance - Background In Rem Purchasers Item No. 148, C.C.P., 11/11/93 Status Report In response to your request for an update on the above items, please review the following Common Council reference items which were submitted in response thereto, and in the event that any further response is required, please advise: 1. Item No. 36, C.C.P., March 2, 1993 in response to Item No. 159, C.C.P., February 16, 1993, Forfeiture of Drug Seized Assets; 2. Item No. 56, C.C.P., April 27, 1993 in response to Item No. 178, C.C.P., April 13, 1993, Responsibility of Cleaning Up After Dogs. 3. Item No. 33, C.C.P., January 11, 1994 in response to Item No. 148, C.C.P., November 11, 1993, Request Ordinance - Background In Rem Purchasers (in progress). RECEIVED AND FILED. No. 40 Civil Service Residency Waivers for Commissioners On February 1, 1994 you requested an opinion with regard to the following question: Does the Common Council have the ability to confirm a commissioner without a residency waiver from Civil Service? Section 35 of the Civil Service Law states in pertinent part "[a] civil service of the state and each of its civil divisions shall be divided into the classified and unclassified service. The unclassified service shall comprise of the following: . . . (e) The head or heads of any department of the government who are vested with authority, direction and control over a department, and who have power and authority to appoint and remove officers and employees therein." Rule 3(b) of the Rules for the Classified Civil Service of the City of Buffalo (the "Rules") reflects Section 35(e) of the Civil Service Law. Therefore, a commissioner falls within the unclassified service division. There are no residency requirements under the Civil Service Law or the Rules for positions which designated for unclassified service. Although the Rules contains waiver of provisions for "competitive and non competitive positions, each of which fall within the classified service division, there are no waiver provisions for the unclassified services. Therefore, it is my opinion that the Common Council has the ability to confirm a commissioner without a residency waiver from Civil Service because Civil Service has no jurisdiction over a commissioner by virtue of the fact that a commissioner is a head of a department and is therefore within the unclassified service division. In response to your other question concerning which mayoral appointees have filed for residency waivers, I am not sure as, to which ones have or have not filed. It is my understanding that the Mayor's Confidential Aides, the Treasurer and the nominee for the Commissioner of Community Development have filed residency waiver request. I suggest that this request be addressed to the Civil Service Commissioner and/or the Mayor's Office. I would also ask that all future requests of this nature be addressed to the appropriate parties because they involve questions of fact and not of legal opinion. Please contact me if you have any questions. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 41 Residency Requirements Item No. 35, C.C.P., 1/11/94 You have requested various opinions regarding City of Buffalo residency requirements. We propose that the Common Council meet with the Municipal Civil Service Commission and the Corporation Counsel in order to resolve the apparently conflicting authorities between the governing local ordinance and Civil Service Commission Rules. We will then consolidate your various requests and consider them in the resolution of this matter. In order to facilitate our discussions, as proposed by Councilmember Eugene Fahey, we attach the following provisions for your review: 1) Civil Service Law, Sections 20, 23, 35, 41 and 42; 2) Public Officers Law, Sections 2 and 3; and 3) Buffalo Municipal Civil Service Commission Rules, Rule Nos. 10 and 22. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 42 Union Ship Canal Redevelopment Project Tax Liens Item No. 161, C.C.P., December 14, 1993 Your Committee has asked for an opinion regarding the status of the real property tax liens on the referenced property and the status of the bankruptcy proceeding involving the owner of the property. Attorneys in my office have attempted without success to directly contact the bankruptcy trustee in New York to ascertain the trustee's position regarding the liens and the procedural status bankruptcy case. While we have not reached the trustee as yet we expect that we will and we will report to you accordingly. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Delete Hertel Parcel from Hazardous Waste Registry Item No. 76, C.C.P., 1/25/94 You have requested an opinion and/or recommendation with respect to the above item, however, we have no information or supporting documentation to review. Please forward information regarding this matter at your earliest convenience so that we may respond accordingly. Specifically, we would like to see all correspondence and official notices from the Department of Environmental Conservation ("DEC") and copies of any environmental tests performed, particularly those which have been reviewed by the DEC. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 44 Defects Rebecca Park Housing Item No. 52, C.C.P., 1/25/94 As discussed at your Economic Development Committee Meeting of February 2, 1994, we are waiting receipt of additional information, including a response from the Buffalo Urban Renewal Agency, as outlined by Councilmember James W. Pitts, which will enable us to respond to your inquiry regarding the above matter. However, we have begun our review of the information to date provided. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 45 Appointment of Executive Director of the Office of Citizen Participation and Involvement I, Daniel S. Bicz, appoint to the position of Executive Director of the Office of Citizen Participation and Involvement Mr. Nathaniel R. Mendell, effective February 7, 1994. Mr. Mendell's experience with the New York State Senate, his service as a liaison to the Hispanic community, his commendable academic record, and his proven desire and ability to consistently deliver services of the highest quality qualify him for the position of Executive Director of the Office of Citizen Participation and Involvement. Mr. Mendell presently reside at 730 Ashland Avenue, Buffalo, New York, 14222. Starting Salary: $41,187 RECEIVED AND FILED. No. 46 Economic Development Zones As requested by Councilmembers on Monday, February 7, this will clarify and establish the Masiello Administration's policy concerning the New York State Economic Development Zone and the proposed federal zone; 1. The Community Development Department will begin overseeing, in conjunction with the Dept. of Human Resources, the preparation of the New York State Economic Development Zone application by BEDC to ensure adequate review by both the Masiello Administration and the Council. 2. The Council will be kept informed during the preparation of the Economic Development Zone Application and the State review process. Please identify the staff and Councilmember(s) who should be the contact(s). 3. Prior to making application for the federal zone, the Administration will work with the Council to organize an open process to establish zone boundaries for the approximate twenty (20) square mile federal zone. 4. The Administration hereby requests Council members to prioritize projects and areas that should be considered in the federal application. 5. The Administration intends to target the former Atlas Steel site in the North District and the former GE site in the Masten District as part of the proposed twenty (20) square mile federal zone. Please feel free to contact this office should you have any questions. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 47 Appointment Truck Driver Item #51 C.C.P., November 16, 1993 In answer to your correspondence dated January 28, 1994, I would like to relate the following: Mr. Grossman was a temporary truckdriver in the Water Department and was appointed permanent in the Streets Department on November l, 1993. Mr. Grossman was living at 221 Lombard Street when he took the truckdriver examination. When he was appointed to the Streets Department, he told me he was moving to 101 North Ryan Street the first of November. Henceforth, the certificate of appointment was made out with this new address. RECEIVED AND FILED. No. 48 Animal Shelter Proposal Item #21, C.C.P. January 25, 1994 I have met with Councilmember Fahey and John J. Lynch from Council Staff on this issue. I have also visited the Animal shelter and am studying all information on the history of the Animal Shelter. I have requested a walking tour of the facility with the Animal Shelter Advisory Board and plan on meeting with representatives shortly. In closing, it would be premature at this time for the Department of Street. Sanitation to offer it's opinion until a complete history of all complaints and concerns are documented and reviewed. I can assure your Honorable Body that this task will be completed before your budget deliberations begin. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 49 Report of Emergency Bid - 1489 Fillmore Avenue aka G. E. Plant As your Honorable Body may be aware, our department has contracted for professional services with Asbestos Removal Services. Asbestos Removal Services is a wholly-owned subsidiary of Integrated Waste Special Services. Asbestos Removal Services along with representatives of our department have drafted bid documents and specifications for the solicitation and bid letting for environmental testing and monitoring of the activity being performed at this site. On or about August 12, 1993 bid documents were accepted by Asbestos Removal Services/ integrated Waste Special Services. The results of this bid are as follows: CONTRACTOR DOLLAR AMOUNT OF BID Edward O. Watts, P.E. P.C. $66,094.00 Total Environmental Services $69,000.00 Monroe Monitoring and Analysis $61,556.00 Chopra Lee Inc. $57,504.00 Environmental Consulting Co. $71,551.88 Jack Eisenbach Engineering, P.C. $53,340.00 Paradigm No Bid This contract will be awarded to the lowest responsible bidder, Jack Eisenbach Engineering, P.C. We, therefore, respectfully report to your Honorable Body that the cost of the project is to be charged to the Capital Projects Fund #200-241-002-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 50 Report of Emergency Demolition Bid for 231 Loepere Due to the very serious and hazardous condition of the fire-damaged building located at 231 Loepere, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on January 25, 1994 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 231 Loepere Mainline Contracting City of Buffalo $6000.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully report to your honorable Body that the cost of the project is to be charged to the Capital Projects Fund #200-241-002-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Request For Developer Information Item #55 CCP 1-11-94 With respect to your request for information regarding all major developers with a relationship to our pending and approved projects, I submit the following: Lovejoy New Housing - application submitted to NYS Affordable Housing Corporation for 23 units ($460,000) in July, 1990 listing Burke Brothers Construction, 6455 Lake Avenue, Orchard Park, as the developer. This application has not yet been approved. Grey Street New Housing - application submitted to NYS Affordable Housing Corporation for 60 units ($1,200,000) in August, 1991 listing M.J. Ogiony Builders, 2060 Union Road, West Seneca, as the developer. This application has not yet been approved. Ellicott Center - application submitted to NYS Affordable Housing Corporation for 100 units ($2,000,000) in March, 1992 and funded for 40 units ($800,000) in September, 1993. M.J. Peterson, 501 John James Audubon Parkway, Amherst, has been designated as the developer and construction under this grant is underway. Fruitbelt Phase II - application submitted to NYS Affordable Housing Corporation for 50 units ($1,000,000) in July, 1991 listing James Management Company, Inc., 200 John James Audubon Parkway, Amherst, as the developer. This application has not yet been approved. Jefferson Best New Housing - an application is being prepared for submission to NYS Affordable Housing Corporation for 50 units ($1,000,000) listing BBZ Construction and Aicha Construction Company as developers. Ellicott Town Center - an application is being prepared for submission to NYS Affordable Housing Corporation for 19 units ($475,000) listing the Ellicott Mail Partnership, 493 Franklin Street, Buffalo, as the developer. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 52 U.S. Department of Housing and Urban Development Emergency Shelter Grant Program - 1994 Request for Authorization to Submit Application It is time to submit the annual request for Emergency Shelter Grant (ESG) funds to the U.S. Department of Housing and Urban Development. Each year, the City of Buffalo is granted funds by formula allocation, however, a formal application must be submitted for review and approval by HUD. The Mayor, as the Chief Elected Local Official, must sign our funding request and local legislative authorization to formally apply for available program funds must be in place prior to submission of the application. The City of Buffalo 1994 Emergency Shelter Grant Allocation is $587,000 and 1994 funding will be administered by the Buffalo Urban Renewal Agency. Requests for proposals were mailed to more than seventy (70) providers of shelter and services for the homeless. Proposals will be reviewed for completeness and compliance with federal regulations. To date, for the first eight rounds of the program (1986 -1993), funding totaling $2,094,000 has been provided to local service providers as described on the attached summary. I am available at 851-5316 should any further information be required. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 53 General Fund - City Gap Sheet Second Quarter 1/94 Under this cover please find the City's General Fund Gap Sheet for the Second Quarter of Fiscal Year 1994 ending 12/31/93. The Gap Sheet projects a positive fund balance of $1.91 million for the 1993-94 fiscal year which is a reduction of $1.29 million from the $3.202 million projection at the end of the first quarter ended 9/30/93. It should be noted that this is a preliminary estimate based upon information currently available to the budget office. Below is a summary of significant variances from the 1993-94 budget. Detail of Estimated Revenue Variances (Millions $s) + 1.78 Real Property Tax + .79 Other Property Tax Items (Interest and Penalties; PILOTs) + .24 Non Property Tax Items (Occupancy, Utility and Cable Franchise Taxes) - 1.01 Total Departmental Revenues (Parking Enforcement revenues are $0.7 million below budget; Engineering is down $0.2; Streets is down $0.14; Housing and Property Inspections and Buildings are down as well.) + .25 Sales Tax + .67 Other (Federal, State, County Revenues) + 2.73 Detail of Estimated Appropriation Variances (Millions $5) - 3.88 Total Personal Services (100) - 1.01 Salaries - Regular - 4.23 Overtime Pay + 2.19 Salary Adjustment - .19 Court Time + 1.46 Meal Time - .30 Perfect Attendance Incentive - .31 Education Stipend - 1.39 Productivity Stipend - .10 Other Personal - 3.88 Total + .43 Public Utility Services (200) + .01 Travel and Transportation (300) -.29 Materials and Supplies (400) - 1.27 Purchase of Services (500) + 4.48 Pension (NYS ERS, PFRS; City Fire, Police Pension Funds) + .10 Disability Compensation - .27 Social Security + .20 Medical Insurance -.02 Other Fringes -.99 Miscellaneous Charges (812) + 1.04 Debt Service and Related Charges (814) -.36 Interfund Transfers + .01 Exempt .82 Total Variance in Appropriations Summary of Budget Variances (Millions $s) + 2.73 Revenues Above Estimate -.82 Expenditures Above Appropriation + 1.91 Estimated Positive Balance for Fiscal Year 1993-94 As the foregoing detail and the following documentation indicates, the $1.91 million estimated positive balance for fiscal year 1993-94 results from a series of unexpected events, which have had positive budget impacts thus, masking a deterioration in City operations. The increased property tax revenues, pension savings and savings from short-term borrowing and debt service are one-time events that will not recur in the next fiscal year. Yet, but for these one-time events, we would not be living within our means. Note that even with these positive developments our fiscal condition has eroded significantly between the first and second quarter. Most of the negative trends in the City's budget will recur and worsen without significant restructuring of City operations. Outside of the PILOT renegotiation for the Hyatt and the prepayment of the 189 Tonawanda Street Auto Pound lease/purchase, the costs associated with City operations will continue to rise unabated. The most significant negative trend is in the over-time account. All parties, the Council, Mayor, Comptroller, administration and the unions must join together immediately to develop and implement a plan to address our structural imbalance. Our latest projections show that our estimated gap for the 1994-95 fiscal year has grown to over $30 million and it continues to escalate in subsequent fiscal years. It is imperative that we get control of our expenditures. I look forward to working with the joint budget committee in the coming weeks to accomplish this goal. I hope this document will help inform the Common Council on the City's 1993-94 fiscal condition. I am available to meet with your honorable body to discuss in more detail this document and other matters concerning the City's finances. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF EDUCATION No. 54 Review of Board of Education Budget Item #165, C.C.P.. December 28, 1993 The Council action "requests a response from the Superintendent and the School Board regarding the loss of $4 million in federal aid and your guarantee that such mismanagement, if accurate, will never occur again". This is the response from the Superintendent. 1. There has been no loss of four million dollars in federal aid. Had anyone involved in the management of the District been asked that could have been made clear. 2. There has been no mismanagement of funds. 3. Reports for 1990-91 and 1991-92 were filed late, but for cause that had nothing to do with system inadequacies or mismanagement. 5. There has been no "bureaucratic incompetence". 6. I was not aware that the support of public education by the City and particularly the vote of the Common Council was to be considered a "gift". I have always been of the opinion that it was the responsibility of the City and Common Council to provide the support that Buffalo's children need and deserve as determined by the Board of Education. 7. The Board of Education is elected to have oversight of the Buffalo City School District and exercises that responsibility very well. The Council's role, under the law, is to provide the Board with adequate resources. 8. It is the quality of education in the City of Buffalo that has prevented the exodus of middle class families from City. It is the quality of education in the City schools that has caused many families to locate and relocate here even though the local support of public education has been less than it should be. 9. The Board of Education has been and is cooperating with the Buffalo Financial Planning Commission in its study of the management of the City School District. From the study the Board expects many recommendations that it will be able to implement for the benefit of the children we serve. 10. It is interesting to note that the Common Council feels that monies allocated to the school district are "dumped into the Mayor's budget". 11. It is my hope that the two way lines of communication renewed during the 1993-94 budget discussions remain open and that the support provided for public schools by the Council over the Mayor's veto was not a "gift" "dumped" on the children of Buffalo, but an allocation of City resources that recognized the needs of our children. 12. The educational enterprise undergoes more scrutiny than most other businesses could endure; we don't object to the scrutiny. The educational enterprise has at its core the provision of services to children; the complications of a child's life in the 1990's often require more services than urban districts have funds to offer. The keys to the future success of urban education include strong and consistent support of school efforts and the provision of adequate resources by their cities. When Mayors and Councilpersons, by their actions, make quality education a high priority their communities are revived and renewed. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 55 Impose Sports Tax Item #57 C.C.P. January 11 1994 This is a response from the Superintendent to your communication dated January 13, 1994 regarding the above Council item. There is insufficient information for me to adequately form an opinion: 1. The San Francisco model is an unearmarked tax for general fund use. 2. It seems that C. Griffasi was suggesting such a tax be imposed and earmarked for playground equipment, maintenance and staffing for year round availability. Is that what the Council is considering? 3. Who would be affected by the tax? 4. What athletic contests? 5. What would the impact on ticket sales be? 6. What would the proceeds be? 7. Are earmarked taxes viable ways of doing business in the 21st century? 8. Would these be the only funds for school playground support? 9. Who would decide which playground was served or opened? 10. Who would employ personnel and be responsible for operations? REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK No. 56 Surplus File Cabinets Offer to purchase James Terrence Rickard This is to advise you that I have examined two surplus file cabinets presently located in the sub-basement of City Hall and have found them to be unusable for City purposes. Therefore, I recommend their sale to Mr. James Terrence Rickard of the Data Processing Department who has offered to purchase them for the fair and reasonable offer of $10.00 each - (see offer attached). Mr. Pitts moved: That the communication from the City Clerk, dated January 21, 1994, be received and filed; and That the Commissioner of General Services be, and he hereby is authorized to accept from Mr. James Terrence Rickard the sum of $10.00 (Ten Dollars) for the purchase of two surplus file cabinets located in the sub-basement of City Hall. PASSED. AYES- 13 NOES- 0. No. 57 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state, from 1:00 P.M. Thursday, January 27, 1994 until, 4:00 P.M. Monday, January 31, 1994. RECEIVED AND FILED. No. 58 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 4-6 Grimes St. Gators Cheryl Zielinski RECEIVED AND FILED. No. 59 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- Matthew Janicki Administration and Finance- Margaret Pierakos RECEIVED AND FILED. No. 60 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 Ethics City Planning Board RECEIVED AND FILED. No. 61 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 February 3, 1994 in the Department of Common Council, Joanna Restive-Wolfers, 20 Orchard Place, Buffalo, 14214, to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00. No. 62 Notices of Appointments I transmit herewith communications received by me, reporting the appointments made in the various departments at the minimum, flat or hourly rate. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF AUDIT & CONTROL Appointment effective January 24, 1994 in the Department of Audit & Control, Division of Audit, James J. Messina, 81 Fargo, Buffalo, NY 14201, to the position of Assistant Auditor, Provisional, at the Minimum starting salary of $ 24,981. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective February 1, 1994 in the Department of Public Works, Division of Water, to the position of Clerk, Seasonal, at the Flat starting salary of $ 5.20/Hr Maureen Colern, 154 Cushing Place, Buffalo, 14220 Kathleen Wachowicz, 81 Barnard Street, Buffalo, 14206 Appointment effective February 2, 1994 in the Department of Public Works, Division of Water, Sara Morgan, 543 Riley Street, Buffalo, 14209, to the position of Clerk, Seasonal, at the Flat starting salary of $ 5.20/Hr. Appointment effective February 1, 1994 in the Department of Public Works, Division of Water, Derek Pettys, 304 Sterling, Avenue, Buffalo, 14216, to the position of Account Clerk, Temporary, at the Flat starting salary of $ 5.46/Hr. Appointment effective January 21, 1994 in the Department of Public Works, Division of Buildings, Charles D. Sayler, 72 Sidway Street, Buffalo 14210 to the position of Sr. 1st Class Stationary Engineer, Temporary, at the Flat starting salary of $ 7.33 hr. Appointment effective January 28, 1994 in the Department of Public Works, Division of Buildings, Peter A. Tabone, 32 Tacoma Avenue, Buffalo 14216, to the position of Sr. First Class Stationary Engineer, Temporary, at the Flat starting salary of $7.33 hr. Appointment effective January 31, 1994 in the Department of Public Works, Division of Water, Michael C. Gennaci, 237 Winston Road, Buffalo, 14216, to the position of Assistant Filtration Plant Operator, Temporary, at the Minimum starting salary of $22,152. FROM THE DEPARTMENT OF PARKS Appointment effective January 27, 1994 in the Department of Parks, Division of Parks, Joshua Humann, 72 Lancaster Ave., Buffalo 14222, to the position of Laborer, Seasonal, at the Flat starting salary of $6.92 hr. FROM THE DEPARTMENT OF POLICE Appointment effective December 28, 1993 in the Department of Police, Christine Crimi, 35 Thomas Street, Buffalo 14206, to the position of Civilian School Crossing Guard TSAR, Seasonal, at the Minimum starting salary of $5.71 hour. FROM THE DEPARTMENT OF FIRE Appointment effective January 3, 1994 in the Department of Fire, Joseph Romano, 293 North Park Avenue, Buffalo, N.Y. 14216 to the position of Assistant Fire Alarm Dispatcher, Permanent, at the Maximum starting salary of $40,531. Appointment effective January 17, 1994 in the Department of Fire Patrick J. Garlock, 136 Arlington Place, Depew, New York 14043 to the position of Chief Fire Administrator, at the Maximum starting salary of $45,027. Appointment effective January 17, 1994 in the Department of Fire John W. Sniderhan, 8753 Lower E. Hill Road Colden, New York, 14033, to the position of Battalion Chief, Provisional, at the Maximum starting salary of $49,187. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective January 24, 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. Doris Moody, 238 Davidson, Buffalo 14215 Jeffrey Moore, 361 Roslyn, Buffalo 14215 Gregori McMillan, 241 Monroe, Buffalo 14206 Byron Wogan, 78 Hamlin, Buffalo 14208 Appointment effective January 31, 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. Gary Lobley, 16 Lyth, Buffalo 14208 Margarette Goldsmith, 25 F. Oakwood, Buffalo 14214 Dennis Washington, 429 Grider, Buffalo 14215 Dwayne Ferguson, 135 Butler, Buffalo 14208 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 63 L. BENATOVICH Forgive Interest/Penalties 111 Middlesex This letter will serve as a formal notice that we never received our 1993-1994 City tax bill. Our payment of the county tax bill generated a search for the City Tax Billing. We have no record of receiving same and certainly would have paid them without the interest penalties presently incurred. Possibly the billing process was disturbed by the reassessment procedures, which were so hectic in the Spring of 1993. We strongly suggest that a second notice be sent when payment has not been received by a certain date. Perhaps a computer generated post-card notice could serve that purpose. Certainly the prompt payment of taxes should more than make-up for the coats incurred in any such mailings. We respectfully request the Common Council forgive and refund the accrued interest due to the lack of receipt of billing notice. Thank you for your consideration and help in this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 64 BUFFALO ENTERPRISE DEVELOPMENT CORP. Arcade Cinema Refinance or Call on $2.8 Million Guaranty The Buffalo Enterprise Development Corporation received advance notice from the owners of the Arcade Cinema Building that they will be unable to arrange private refinancing of the $2,840,000 HUD 108 first mortgage coming due in August of 1994 (see attached 1/4/94 letter). If this problem is not addressed, HUD will deduct the full $2,840,000 from next year's Community Development Block Grant program, and BEDC will foreclose on and take title to the building on behalf of the City. The current project was financed in part with a $2.84 million six year interest only HUD 108 note at a 9% interest rate. Since inception, net revenues have been sufficient to meet the $257,872 annual interest payment on the loan. In addition to the HUD 108 first mortgage, there exists a $500,000 UDAG second mortgage, and a $1,060,000 BEDC third mortgage (in the form of an income note) making up the $4.4 million project financing. Payment on these two loans have not yet commenced. A significant portion of the original investment would never be recouped through income generating possibilities of the building since the original construction had to meet historic preservation requirements. Given the current net revenue in the building, BEDC assesses the current market value of the building at between $1.5 and $1.75 million. The current project actually consists of four leasable portions: Sq. Ft. Status o General Cinema - 36,461 leased o Bijou Grille - 2,450 deferred rent o Office 2nd floor front - 3,361 vacant o 3 Residential Lofts - 5,590 vacant Total 47,862* * Rental payments received from 76% of space. The General Cinema lease is a five year lease with three five year options. The attached letter describes the current situation with regard to the adequate functioning of the Cinema. BEDC has been informed by HUD that it is possible for the City to make an application for a new longer term HUD 108 loan to refinance some or all of the existing interest only loan. Automatic HUD approval is by no means absolutely assured, but the precedent exists. A longer term loan may entail granting HUD a mortgage on the building and providing evidence there is adequate security for the repayment of the new loan. The questions to be addressed by the City are: (1) What amount of CDBG funds should it budget in the 20th year Community Development Block Grant application? 2) If applicable, what level of new HUD 108 financing should be authorized in the 20th year application for this project, and at what risk? (3) Should the City consider a new owner, and/or manager for this complex? (4) How can the City encourage the long term viability of the Cinema Complex in the Theater District? (5) Are there other sources of funds to pay off the HUD 108 obligation, in whole or part? This communication is being filed as an information item to be considered in the deliberations on the 20th year Community Development Block Grant application. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL. No. 65 BUFFALO PLACE, INC. Festival /Events Accounting In compliance with the resolution "Require Accounting from all Festival/Events Organizers," Item # 228 C.C.P., Buffalo Place Inc. is filing detailed accounts for the following: Karaoke at Buffalo Place Gus Macker Basketball Tournament Thursday at Buffalo Place Country Market at Buffalo Place If you should have any questions please feel free to contact me at 856-3150. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 BUFFALO PLACE, INC. Re-Open Main St. To Vehicles I am pleased to respond to your request for information regarding bringing vehicular traffic back to Main Street in downtown Buffalo. It is my understanding that the Buffalo Urban Renewal Agency, with the cooperation of the City Departments of Community Development and Public Works, currently is undertaking a downtown traffic study. It also is my understanding that once the first phases of the study are completed, in early spring, it may be possible that the study might further examine the feasibility of reintroducing vehicular traffic to all or part of the downtown transit mall, all or part of the time. I would strongly endorse that the study investigate such feasibility, not just to ease traffic flow, but also, more importantly, for the economic viability of downtown. It is imperative that any organized effort to examine the viability of bringing vehicular traffic back to Main Street downtown include the following as participants in the process: * At least one major property owner or tenant from each block of the transit mall. * City officials * Niagara Frontier Transportation Authority officials * A representative of the physically challenged community * William Clarkson, who served as chair of the Mal Design Task Group The staff of Buffalo Place Inc. would be pleased to work with Common Council, the City administration and others once the first phases of the traffic study are complete. Please do not hesitate to contact me if you have any questions. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 67 PEPY ETTINGER Waive Interest-Tax Bill 418 Winspear (79 LeBrun) My husband and I own a house that is located on the border of Buffalo and Amherst. We have owned this house since September 1969. This house's Buffalo city taxes have been assessed at 418 Winspear. This address does not actually exist. The actual house has no outlet to Winspear at all, but faces Le Brun Road in Amherst. The actual address of the house is 79 Le Brun Road, Buffalo, NY 14215. For 14 years the tax bills have been sent to 79 Le Brun Road, and for 14 years I have paid them on time. In 1983 we moved to 154 North Drive in Amherst and I notified the Department of Assessment of the change in address. We received the bills for the City of Buffalo at this new address. In June 1993 we didn't receive a bill and being very busy, I did not notice this mistake. Recently when a friend mentioned paying her Buffalo tax bill, I realized that I did not have a bill at all and that I thus had not paid the taxes for 1993-1994. I called the office of assessment and I was told that our bill was sent to 418 Winspear (an address that does not exist) but that I am responsible for the accrued interest anyway. I do not understand why somebody decided to change the address where the bills are sent, but I think that we should not be penalized for another person's error. I was told by the Department of Assessment that I should contact you about this problem. I hope that you will decide to waive the interest due to the fact that we never received a bill. Enclosed is a copy of the replacement bill I just received. REFERRED TO THE COMMITTEE ON FINANCE, DEPARTMENT OF ASSESSMENT AND THE CORPORATION COUNSEL. No. 68 H & H ACQUISITION CORP. Withdraw Rezoning Petition- Toledo Pl. We are writing to confirm advice given to Councilman Zuchlewski that the above applicant has elected to withdraw the application filed by it for rezoning, dated October 28, 1993. As attorneys for H-H Acquisition Corp., we are authorized to submit this communication and to request that withdrawal. RECEIVED AND FILED. No. 69 Horizons Waterfront Commission, Inc. Union Ship Canal Redevelopment Project-Tax Liens Res. 161 C.C.P. Dec. 14,1994 This will respond to your letter of January 19,1994 regarding "Union Ship Canal Redevelopment Project." We have been provided with an information packet and site plan drawing by Mr. Jed Carroll, President of Fuhrmann Tifft Development Corporation. We concur with the conditions stated in the Common Council resolution, but we would urge the following: 1. That the developer be required to demonstrate experience in development of and operation of commercial marinas. 2. That the developer agree to work with the cities of Buffalo and Lackawanna to develop an acceptable design for the facility and access roads. 3. That the developer demonstrate the market and financial feasibility of the proposed project. 4. That the City of Buffalo not release its tax liens unless and until the property has been properly remediated of hazardous wastes and the mutually agreed upon improvements are completed and in place. With regard to the City of Buffalo's LWRP, l believe that this proposal is not consistent with that document although the proposal is generally consistent with the recently completed draft Buffalo Harbor Master Plan and Development Program. If I may be of further assistance, please let me know. REFERRED TO THE COMMITTEE ON FINANCE. No. 70 MICHAEL JUDD Request Ordinance Amendment- Sleeping Rooms- Attic Story Late last year I spoke to you about City Charter Section 103-31 which states "No frame dwelling shall be erected nor shall any existing frame dwelling hereafter be altered to contain more than two (2) stories a basement and attic, and no living or sleeping rooms shall be located in the attic story." A number of individuals from Breakwaters Condominiums have approached me regarding the feasibility of converting attics into sleeping rooms. This is typically due to the growth of some of the families and their desire to stay in the city. It is currently undefined whether these conversions would be loft mezzanines which are allowable by NY State Code or additional stories which would require a variance to the State Code. I am familiar with the State variance procedure and have successfully been through the process several times. However, either solution we may proceed with seems to be in conflict with this City Charter Section. As you are well aware this type of conversion is very prevalent in our district as well as throughout the City though an illegal practice. It would be in the best interest of the City to regulate this process to protect the health and safety of the residents. A minor revision in the Charter which might be added to that statement to state "...unless otherwise permitted by or through variance to New York State Fire Prevention and Building Code," would eliminate this conflict. I have been in touch with individuals from the Building Department and Community Renewal regarding this issue. No one seems to know how to amend the City Charter Section either for this single occurrence or as a permanent change to the Charter (which I believe would have a positive economic impact to the City). As you are aware I will be in your office next Thursday, 2/3/94 to discuss School 42, I was wondering if I might be able to discuss this matter afterwards. Your assistance will be greatly appreciated. If you have any questions feel free to contact me at 876-0442. Again l would like to thank you for your assistance. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF INSPECTIONS ADD COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL. No. 71 KLEINHANS MUSIC HALL MANAGEMENT INC. Cancel 5% Ticket Surcharge This letter is being addressed to the Common Council at a critical time in the long illustrious history of Kleinhans Music Hall. Kleinhans, in January of last year, at the request of the Council, instituted a $.50 per ticket surcharge to generate revenue to be utilized solely for the renovation and restoration of the music hall. Lessees of this facility welcomed this additional fee because of the fact it was to be used for such a worthwhile project and would benefit them and their patrons in the future. The City of Buffalo this past July, passed a Resolution which calls for a 5% ticket user fee for all events held in City venues. This ticket charge, added to the $.50 renovation surcharge has become a serious detriment both to the financial stability of the facility and to the ability of our small non-profit customers to lease out space for their events. The vast majority of our lessees are small, not-for-profit groups. Out of 358 usages in 1993, only 12 were commercial programs. We are the home of the Buffalo Philharmonic Orchestra. Please find attached a letter from Mr. Gary Good, Interim Director of the Orchestra, voicing his deep concern about the implementation of the 5% User Ticket Fee plus the $.50 per ticket restoration surcharge. Since the Orchestra has increased their ticket prices, this has seriously affected the purchasing considerations of the potential ticket buyer. Our non-profit clients have complained strongly about the 5% Tax and are seriously considering whether they can afford to even present their events at this venue. Most of our fund raising lessees rent space just once a year and this additional tax truly jeopardized their ability to fund the event and erases whatever profit might otherwise have bee realized. Some of our customers, such as QRS Arts Foundation, who present five concerts a year, have seen their Government funding severely reduced and are seriously considering presenting their concerts outside the City. The series QRS sponsors to the Music Hall realizes at least $6,000 in revenue to the building. I have also attached a communication from the First Baptist Church of Elba whose annual concert converts into a least $2,200 in rental fees for Kleinhans. To illustrate, based on the previous attendance for their concerts, we are looking at a lose of $2,200 in order for the City of collect a $300 ticket fee. Our calculation for additional 1st revenue from other lessees who have advised they may not be returning equals over $4,000, representing at least $10,000 in lost income. The Memorial Auditorium and Shea's Buffalo Performing Arts Center are facilities where almost all events (sports and entertainment) are commercial ventures and where ticket prices average $35.00. Our non-profit lessees' tickets usually cost about $5.00 and the addition of two surcharges has drastically affected their ability to offer affordable programming. Many of our rentals involve non ticket programs such as commencements, church services, seminars and meetings which do not involve any admission fees. In April of 1993, Mayor Griffin submitted a projection based on our attendance times a $15.00 ticket price as to the revenue which would be realized from a 5% Ticket User Fee. Due to the fact that most our lessees do not charge or have low ticket fees, these figures are not close to being an accurate representation of anticipated revenue. We are requesting the Common Council to eliminate this 5% Ticket User Fee Tax for non-profit organizations and commercial events where tickets prices are less than $25.00. If this tax is allowed to stand, Kleinhans Music Hall will have to request additional funds from the city to cover lost revenue. The $.50 Restoration surcharge would remain in place. We would like to meet with the Common Council to discuss this serious issue as soon as possible. You will note from the Buffalo Philharmonic Orchestra letter that Mr. Good advises that their 1994-95 renewal bills be prepared in just a few weeks, so time is of the essence insofar as resolving this matter. We look forward to your response to our request for an early meeting to discuss and, hopefully, resolve this very serious matter affecting the financial stability of this facility. (no enclosed copies) REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 72 NYS DEPT. OF ENVIRONMENTAL CONSERVATION De-listing Of 314 Babcock From Hazardous Waste Registry The New York State Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 315 Babcock Street, Buffalo. NY 14240 was listed in the Registry because theme was some concern that there was hazardous waste there. The DEC is proposing to delist this site from the registry. The reason for proposing the removal of this site from the Registry is as follows: The reason for delisting this site is the lack of evidence of hazardous waste disposal. The site was formerly used for the manufacture of hydraulic pumps. Cutting oils arid cooling compounds were reportedly dumped onto the ground. A Remedial Investigation (RI) was conducted to determine the nature and extent of any contamination. The presence of hazardous waste could not be confirmed after extensive sampling. Concentrations of metals detected on the site were found to be within normal levels for an industrial/urban area. Public comments about delisting this site are being received before the decision to remove this site from the Registry is finalized. If you would like to provide us with your written comments, please send them to: James A. Moras, NYSDEC 50 Wolf Road, Albany, NY 12233-7010. The public comment period will end February 26, 1994. A summary of any comments we receive will be made available at our Regional Office, 270 Michigan Avenue, Buffalo, NY 14203-2999. If we do not receive any new or additional information during this public comment period that changes our proposal, we will delist the identified site on or after March 26, 1994. The name and site I.D. number of this property is listed in the Registry is Houdaille-Manzel Site I.D. #915037. We are sending this letter to you and others who own property near the site listed above as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you have questions or need additional information, the Department of Environmental Conservation maintains a hazardous waste site toll-free number: 1(800)342-9296. The Department of Health maintains a Health Liaison Program (HELP) toll-free number: 1(800)458-1158 Ext. 402. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 73 RONNIE REDFERN Complaint Of Teacher Abuse On February 2, 1994 I spoke with you regarding my son, Ronnie Redfern, Jr. My son is attending, Campus East Elementary School, 106 Appenheimer St. On 12/21/93. He was in swimming where he was punched by his Physical Education Teacher. My son, Ronnie said that at the end of Swimming Class The boys in the swimming class, as well as him, lined up to go back to their classroom. He and another boy were "fooling" around in line at the front. Mr. Brian Brikle, the Physical Education Teacher, told my son, Ronnie to get at the end of the line. Ronnie went to the end of the line and another boy who was not in line told Mr. Brikle that Ronnie had skipped him. Mr. Brikle then took my son Ronnie into the Shower Room and Punched him in the chest, the force of the punch had knocked my son, Ronnie's head against the shower wall. He told the Assistant Principal, (my son did) at Campus East, the Assistant Principal failed to see the urgency of this matter. Ronnie came home from school complaining of pains in his chest. I took Ronnie to ECMC Hospital where they confirmed he had a bruise on the left side of his chest. On December 22, 1993, I took Ronnie to school to speak with the Principal, Mrs. Haneen and told her what Ronnie had told me. She called Mr. Brikle from another school to come in to speak with me. Mr. Brikle said that Ronnie was fooling around in line and he had taken him to the back of the line and Ronnie had said to me "I'll kick your ass too". He also stated that he had never taken Ronnie into the Shower Room alone. I talked with two other students in Ronnie's Swimming Class, Nicholas Brown and Antwane Gardner, they both told me that Mr. Brikle had in fact taken Ronnie into the Shower Room, as they had gotten out of line and went to the door to peek inside and they had seen Mr. Brikle punch Ronnie in the chest, and no one in the line had heard Ronnie say he would "Kick Mr. Brikle's Ass". I left school, Dec 22, 1993, and went to the Superintendent of School at City Hall, Albert Thompson. He directed me to the Assistant Superintendent, Mr. Hess. Mr. Hess said there will be an investigation. I left City Hall and I then spoke to the D.A., Mr. Benson, to see if I could press Criminal Charges against Mr. Brikle, he said I would have to wait for the school to finish their investigation. I then contacted the Members of The School Board: Mozella Richardson, Anthony Wippion, John Doyle, David Kelly. No one has gotten in touch with me about this matter. In January, I spoke with Mr. Hess again about this matter and he said to me, " So What if he hit your son, What Do You Expect To Happen" I said, " I WANT SOME JUSTICE" He said that probably the only thing that would happen is he, Mr. Brikle, would get a note in his file about the incident and that would be the end of it. He also said that a hearing is scheduled for February 2, 1994. I went to City Hall 2/2/94 and they told me Mr. Hess's office, that he was not in today, but he did have a meeting scheduled for 3pm and that they would tell me where the Hearing would be, held. When I returned to Mr. Hess's office, The Assistant Superintendent, they informed me the Hearing had been canceled and that I was not invited. If you could help me with this matter I would greatly appreciate it. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE CORPORATION COUNSEL. No. 74 TCI, INC. Request To New York State For Operating Authority Continuation Enclosed please find a copy of an application to the New York State Commission on Cable Television for Temporary Operating Authority in the City of Buffalo made by TCI of New York, Inc. If you have any questions, please feel free to contact me. (NO ENCLOSURE WAS SENT WITH THIS COMMUNICATION) REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 75 THEATRE DISTRICT ASSN. Reopen Main St. To Vehicle Traffic We are pleased to respond to your request for information regarding bringing vehicular traffic back to Main Street in downtown Buffalo. We are generally in favor of looking at the feasibility of reopening Main Street, or portions thereof, to vehicular traffic. We feel very strongly that if a task force to begin studying feasibility is constituted as Councilmember Bell has suggested, Theatre District Association, whose members represent the majority of the Theatre District's constituents, should be represented. If a feasibility study is pursued on this complicated issue, we feel that the study's scope should also address alternatives to reopening Main Street that will provide better access to downtown businesses overall from mass transit, vehicular and pedestrian points of view, thereby providing possible solutions to existing pedestrian mall limitations which continue to negatively impact downtown businesses in both large and small ways. We would be pleased to provide any further information you may require at any time and we look forward to working with you. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 76 DAVID ZINKIN Cable Complaints Per my conversation with Tom Terapaki, please find attached a copy of my letter of complaint to TCI of New York, dated January 5, 1994. No one at TCI of New York has responded to the charges outlined in the letter. Furthermore, the Cable Television Commission of New York State (misstated as the Public Service Commission in the letter, because at the time I was told that the PSC did handle cable-related complaints) will not help either. I sent a copy of the same letter to Kevin Zink of the CTC on January 18, 1994; earlier today I called him to follow up and he refused to give me straight answers to my questions about the case. He initially said that the CTC handles only state complaints; later in the conversation he changed that to a claim that the state Attorney General's office handles them; and still later he claimed that his office could do nothing at all. I sent another copy of the same letter to the Federal Communications Commission on January 19, on the advice of an FCC representative who maintained that all complaints would be handled "promptly, within a few weeks at the latest". When I called two days ago to confirm that the complaint had been received (I sent it via overnight mail), I was told very rudely that it "usually takes several months at least and why are you calling anyway?" No one at the FCC would give me his or her name, citing "security" reasons. Fortunately, I learned that the Office of the Common Council is involved in matters such as cable company franchise renewal, so I'm sending my complaints to you in the hope that there will be something you can do to settle these matters. As I told Mr. Terapaki, TCI has refused to even discuss the problems; I am certain that the City of Buffalo did not intend to permit this kind of behavior when it granted TCI a franchise to serve the city. I hope that a formal franchise challenge will not be necessary to resolve the difficulty, but if it is, I am fully prepared to file one. Thank you in advance for your time and attention to this matter. At the time when you choose to contact me directly, please use the contact information at the top of this page. (Regarding the telephone number: it is my home number, and if I am not at home when you call, please leave a message and I will call back promptly.) REFERRED TO THE SPECIAL COMMITTEE ON CATV. PETITIONS No. 77 Mohsin M. Musaid, owner, petition to use 471 East Ferry for a canopy over gas pumps REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 78 Ralph Turgeon, owner, petition to use 3149-3155 Main for an outdoor cafe and volleyball court. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 79 Kala China, petitioner, petition to use 478-484 Elmwood for an outdoor cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 80 Rich Marina Corp., owner, petition to use 23 Austin for a bath house. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 81 H-H Acquisition Corp., owner, petition to Rezone 9-13 Toledo Place, 1412-1418 Kenmore Avenue from R-2 to C-2 for a Pharmacy. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 82 Salary Ordinance Amendment Housing & Property Inspection (Item # 172 CCP Nov 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 83 Salary Ordinance Amendment 06 - Department of Administration & Finance 1 - Division of Budget and Management 001 - Administrative Services (Item No. 164, C.C.P. Dec. 14, 1993) That the Salary Ordinance Amendment as contained in Item No. 164, C.C.P., December 14, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 84 Salary Ordinance Amendment 03 - Mayor and Executive Department 0 - Executive 001 - Executive Function (Item No. 192, C.C.P., Jan. 25, 1994) That the Salary Ordinance Amendment as contained in Item No. 192, C.C.P., January 25, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 85 Information On Salary Ordinance/Executive (Item # 6 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 86 Salary Ordinance Amendment 21 - Department of Fire 021 - Administrative Services (Item No. 193, C.C.P., Jan. 25, 1994) That the Salary Ordinance Amendment as contained in Item No. 193, C.C.P., January 25, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 87 Salary Ordinance Amendment 04 - Audit & Control Department 2 - Division of Accounting 001 - Accounting Function (Item No. 194, C.C.P., Jan. 25, 1994) That the Salary Ordinance Amendment as contained in Item No. 194, C.C.P., January 25, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 88 Council Request For Salary Ordinance Fire Alarm Dispatcher (Item # 56 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 89 NYS DCJS Overtime pay for Dept Commissioners (Item # 86 CCP Dec. 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 90 Delay Action On Proposed Reclassification (Item # 45 CCP Feb. 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 91 Report on Park Super. Eligibility Requirements (Item # 186 CCP Oct. 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 92 Info. Parks Super. Eligibility Requirements (Item # 62 CCP Nov. 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 93 Appt. Conf. Aide to Mayor- Banko (Mayor) (Item # 22 CCP Jan. 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 94 Appt. Conf. Aide to Mayor- DeLisle (Mayor) (Item # 23 CCP Jan. 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Appointment Audit & Control/Senior Accountant That Communication No 26 CCP Jul 6, 1993 be received and filed and the Permanent appointment of James Barrett stated above at the Maximum salary $31,801.00 effective on Jun 28, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 96 Appointment Fire/Account Clerk Typist That Communication No 88 CCP Sep 7, 1993 be received and filed and the Permanent appointment at Pamela Mayer stated above at the Intermediate salary $21,275.00 effective on Jul 29, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 97 Appt. Superintendent Fire Vehicle Maint. (Item # 89 CCP Sep. 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 98 Appointment Street Sanitation/Dispatcher That Communication No. 112 Sep 7,1993 be received and filed and the permanent appointment of Richard C. Nagel stated above at the Maximum salary $25,100.00 effective on Jul 26, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 99 Appointment Public Works/Dispatcher That Communication No 54 Oct 5,1993 be received and filed and the Permanent appointment of James Lee Mann stated above at the Intermediate salary $23,753.00 effective on Sep 24,1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 100 Appointment Public Works/Meter Reader That Communication No 38 Oct 1993 be received and filed and the Permanent appointment of Peter L. Wachowski stated above at the Intermediate salary $22,405.00 effective on Oct 11,1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 101 Appointment Administration & Finance That Communication No 64 CCP Sep 21, 1993 be received and filed and the Permanent appointment of Barbara A. Slominski stated above at the Maximum salary $27,110.00 effective on Sep 13, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 102 Appointment Parks/Laborer II That Communication No 128 CCP Oct 5, 1993 be received and filed and the Permanent appointment of Kevin Derfert, Mark Scanlon & Kara Scanlon stated above at the Intermediate salary $9.69 p/h effective on Jul 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 103 Appointment Parks/Laborer II That Communication No 129 CCP Oct 5, 1993 be received and filed and the Permanent appointment of Anthony Greco stated above at the Intermediate salary $9.69 p/h effective on Jul 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 104 Appointment Parks/Laborer II That Communication No 130 Oct 5, 1993 be received and filed and the Permanent appointment of Joseph O'Brien stated above at the Intermediate salary $9.69 p/h effective on Jul 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 105 Appointment Parks/Laborer II That Communication No 131 Oct 5, 1993 be received and filed and the Permanent appointment of Timothy Favero stated above at the Intermediate salary $10.00 p/h effective on Jul 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 106 Appt. Super. Vehivcle Maint. (Item # 45 CCP Nov. 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Appointment Street Sanitation/Truckdriver That Communication No 51 Nov 16, 1993 be received and filed and the Permanent appointment of Samuel W. Grossman stated above at the Maximum salary $23,728.00 effective on Nov 1, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 108 Appointment Inspections & Community Revitalization/Boiler Inspector That Communication No 52 Nov 30, 1993 be received and filed and the Permanent appointment of Timothy Keenan stated above at the Maximum salary $32,051.00 effective on Nov 15, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 109 Appointment Police/Budget Examiner That Communication No 45 Dec 14, 1993 be received and filed and the Provisional appointment of Debbie Renzoni stated above at the Maximum salary $37,552.00 effective on Aug 23, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 110 Appointment Human Resources/Fiscal Supervisor That communication No. 43, Jan. 11, 1994, be received and filed and the Provisional appointment of William F. Sheehan, Jr., stated above at the Maximum salary of $30,853.00 effective on Dec. 29, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 111 Leaves of Absence (C.Clerk) (Item # 68 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Notices of Appointments (C.Clerk) (Item # 70 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 113 Bond Resolution $350,000 Reconstruction of Animal Shelter Building (Item No. 230, C.C.P., Sept. 21, 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. 114 Private Operation Of Animal Shelter (PW) (Item # 21 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Authorize/Negotiate Purchase 452 Northumberland (Item # 227 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Negotiate For Purchase 452 Northumberland (Compt) (Item # 24 CCP Nov 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 M. Boyd/Offer To Purchase 437 Genesee (Item # 95 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 C. Williford/Offer Purchase 863 E. Ferry (Item # 97 CCP Dec 14, 1993) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 119 Offer To Purchase 863 E. Ferry (Compt) (Item # 24 CCP Dec 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 717 Sherman Street - Tax Foreclosure (Item No. 66, C.C.P., Jan. 11, 1994) That this Honorable Body direct the Corporation Counsel and the Division of Real Estate to take whatever steps necessary for the Cornelius G. Harris family to reclaim 717 Sherman Street. ADOPTED. No. 121 Reconvey 717 Sherman (CC) (Item # 43 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Abandonment and Sale 42-44 Auchinvole (Item No. 17, C.C.P., Dec. 28, 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. 123 Abandonment and Sale 42-44 Auchinvole Ellicott Development Inc. (Item No. 15, C.C.P., Jan. 25, 1994) 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. 124 Ownership History/1489 Fillmore (CC) (Item # 46 CCP Dec 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Solicitation of Funds Excalibur Leisure Skills Center, Inc. 1994 Great Lakes Fishing & Outdoor Expo (Item No. 24, C.C.P., Jan. 25, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Commissioner of Public Works be, and hereby is authorized to grant an exemption to solicit funds to the Excalibur Leisure Skills Center, Inc. in the Convention Center for the 1994 Great Lakes Fishing & Outdoor Expo to be held February 17 through February 20, 1994. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 126 Solicitation of Funds Excalibur Leisure Skills Center, Inc. 1994 Boat Show (Item No. 25, C.C.P., Jan. 25, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Commissioner of Public Works be, and hereby is authorized to grant an exemption to solicit funds to the Excalibur Leisure Skills Center, Inc. in the Convention Center for the 1994 Boat Show to be held March 24 through March 28, 1994. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 127 Ordinance Amendment/Collections Of Arrears (A&F) (Item # 58 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Report of Bids - Delaware Park Meadow Pathway (Item No. 142, C.C.P., Sep. 21, 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. 129 Emergency Repairs - Ferry Street Lift Bridge (Item No. 35, C.C.P., Jan. 25, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to select a Consulting Engineer to design repairs for Emergency Repairs to the West Ferry Street Lift Bridge. Funds for this work are available in Engineering Bond Funds 200-401-023 and 200-401-021 and 200-401-507. PASSED. AYES- 13 NOES- 0. No. 130 Change in Contract Air Conditioning Reconstruction Crane Branch Library (Item No. 32, C.C.P., Jan. 25, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Colgate Heating Corp. Order No. 11013900, for changes resulting in a net increase in the amount of $450.00, as more fully described in the above communication, for work relating to Air Conditioning Reconstruction at the Crane Branch Library. Funds to be charged to B/F 200-402-050 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 131 Certiorari Proceeding 163-169 Broadway (Item No. 18, C.C.P., Jan. 25, 1994) That the above item be and the same hereby is received and filed. Mr. Collins now moved That the assessment for 163 Broadway be reduced from $70,00 to $55,000 and the city refund approximately $552.89 for fiscal year 1993-1994; and That the assessment for 167 Broadway be reduced from $100,000 to $75,000 and the city refund approximately $921.89 for fiscal 1993-1994; and That the City will not incur any cost due to interest because the owner has agreed to waive his rights to any accrued interest. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 132 Abate Unpaid Taxes/221 Linwood (Item # 142 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Forgive Taxes/221 Linwood (Assmt) (Item # 21 CCP Dec 14, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Forgive Taxes/221 Linwood (Assmt) (Item # 30 CCP Dec 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Forgive Taxes/221 Linwood (CC) (Item # 50 CCP Dec 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Liability Aspects Of Bikeway Designation (CC) (Item # 40 CCP Jan 25, 194) That the above mentioned Item be and the same is hereby referred to the committee on Legislation. ADOPTED. No. 137 Second Party Notification Taxes/Water (PW) (Item # 22 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 138 Colston Collision, Inc., Petition To Use 1507 Fillmore Avenue (Item No. 77, C.C.P., Jan. 25, 1994) That after a public hearing before the Committee on Legislation on February 1, 1994, the petition of Colston Collision, Inc., owner, for permission to use 1507 Fillmore Avenue for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 139 Josephine LaCorte and C. Montana, Petition To Use 370-380 Niagara Street (Item No. 78, C.C.P., Jan. 25, 1994) That after a public hearing before the Committee on Legislation on February 1, 1994, the petition of Josephine LaCorte and C. Montana, owners, for permission to use 370 Niagara Street for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 140 Drescher Paper Box Inc., petition to Rezone 140 Mortimer (Item No. 99, C.C.P., Dec. 14, 1993) That the Common Council of the City of Buffalo do hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "CM" District rather than a "R-3" Residential District for the premises known as 140 Mortimer, Buffalo, New York, more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie, State of New York, being part of Lot 112 of the Outer Lots and as shown on map filed in the Erie County Clerk's Office under Cover Number 86 (dated July 15, 1893) is known as subdivision Lot 30 and the southerly 3.00' of subdivision lots 14, 15 & 16, further bounded and described as follows: Beginning at a point on the westerly line of Mortimer Street (49.5' R.O.W.) a distance of 144.00' southerly of the southerly line of Broadway (99' R.O.W.); thence westerly and parallel a distance of 110.87' measured (110.00' recorded) to the southwest corner of sublot 30; thence north on the west line of sublot 30 to the northwest corner of sublot 30; thence easterly a distance of 25.00' on the northerly line of sublot 30 to the southwest corner of sublot 14; thence northerly a distance of 3.00' to a point; thence easterly and parallel with the northerly line of sublot 30 to a point on the westerly line of Mortimer Street, said point being 25.00' northerly from the place of beginning; thence southerly 25.00' to the point or place of beginning, containing 0.06 + acres of land more or less. This rezoning shall be effective providing the following condition is met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. 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 Edward Peace Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 141 Drescher Paper Box Inc. Rezone 140 Mortimer Street Short Environmental Assessment Form Item No. 50, C.C.P., Jan. 25, 1994 That "Drescher Paper Box Inc - Petition to rezone 140 Mortimer Street from R3 to CM District" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment Form (EAF) on this item which has been completed by the applicant (Part I) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 142 Rezone 140 Mortimer (CPBD) (Item # 14 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 D. Braasch- Use 49 Leddy Concrete Plant (Item # 97 CCP Nov 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 E.A.F. 49 Leddy (CD) (Item # 47 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Use 49 Leddy (CPBD) (Item # 2 CCP Nov 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Restaurant Dancing Class IV License 49 W. Chippewa (Item No. 32, C.C.P., Dec. 14, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class IV License to William Gangloff, proprietor of ATOMIC, 49 West Chippewa, and the same be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 147 M. Pietruszka/Tribunal For Curfew Violations (Item # 87 CCP Dec 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Rogers Taxi/Stands/Chippewa/Washington & Main (Item # 92 CCP Nov 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Taxi Stands Main/Chippewa/Washington (CC) (Item # 57 CCP Dec 14, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Taxi Stands Main/Chippewa/Washington (Sts) (Item # 61 CCP Dec 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 C. Griffasi/Support/Levy Vs. Relief Clients (Item # 72 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola now moved to recommit the item to the committee on Legislation. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 11. NOES- ARTHUR, ZUCHLEWSKI- 2. No. 152 C. Griffasi/Annual Sports Parade (Item # 73 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Reappoint Member BMHA (confirm) (Item # 4 CCP Sep 7, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. No. 154 Reappoint Members City Planning Board (confirm) (Item # 3 CCP Nov 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Appoint Member of Transportation Adv Bd (Mayor) (confirm) (Item # 5 CCP Oct 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. No. 156 Appoint Members Transportation Adv Bd (Mayor) (confirm) (Item # 2 CCP Dec 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. ECONOMIC DEVELOPMENT HON. CARL A. PERLA JR. CHAIRMAN No. 157 U.R. Plan Amendment - Parcels 19 and 20 (Item No. 60, C.C.P., Dec. 28, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Collins the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Mr. DeSalvo Mr. Pitts moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved to recommit to the Committee on Economic Development; Seconded by Mr. Bell. ADOPTED. No. 158 Waterfront Redevelopment Plan Amendment Disposition Parcels 19 & 20 of Waterfront Area A (City Planning) (Item No. 5, C.C.P., Dec. 28, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Perla now moved to recommit to the Committee on Economic Development. ADOPTED. No. 159 LDA 221 Seneca (#33 6/8) (Item # 137 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Sale Of 221 Seneca (CD) (Item # 60 CCP Oct 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 BEDC/Loan To Harbour Place Marine (#74 11/30) (Item # 153 CCP Dec 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 Homestead Status Report (ICR) (Item # 53 CCP Jan 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 163 By: Mr. Arthur Installation of Outdoor Rotary Phones At Problem Locations. Whereas: In locations that have been identified by the police, community leaders and organizations as the center of drug phone activities; and Whereas: Various phone companies have installed old type rotary devices that have acted as a deterrent to the various beepers used by drug dealers; and Whereas: This system (rotary devices) where used, has greatly curved drug phone activities in the Cities of New York, Chicago, Los Angeles and elsewhere; and Whereas: This Council has received many complaints from the members of the Hamlin Park Community Association about alleged misuse of outdoor coin phone in the E. Delavan, Daisy, Pansy and Meech areas; and Whereas: The various attempts by the phone company (Nynex and others) have not succeeded in reducing these alleged activities. Now, therefore, be it resolved that: This Common Council is requesting the Commissioner of Public Works to order Nynex and other private phone companies operating in the Cities right-of-way, to install rotary type telephones at these respected locations within the next thirty (30) days; and Be it further resolved that: That said company are not able to install these devices within thirty (30) days, they should inform this Honorable Body as to the reason why; and Be it further resolved that: This Common Council request the local precinct Commander to monitor the usage of these phone after the installation and to report his findings to this Honorable Body; and Be it further resolved that: This Honorable Body requests an opinion from the Corporation Counsel's office as to the constitutionality of this Honorable Body legislating in the City right-of-way. Be It Finally Resolved, That: The Commissioner of Public Works file the report on illegal phone locations previously requested by the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL AND NYNEX. No. 164 By: Mr. Collins Shooting at Le Club Etcetera Whereas: Recently Temeka Lipscomb, a 15-year-old high school student, was killed by gunfire while standing in the lobby of Le Club Etcetera at 1237 Genesee St.; and Whereas: Police were told that she had been denied access to the bar, but was allowed to wait inside for a taxi when the shooting occurred in the early hours of Sunday, January 23, 1994; and Whereas: Temeka was hit at least three times when a man who was ejected from the nightspot fired an automatic handgun through the door, and she was pronounced dead about an hour later; and Whereas: On January 27, 1994 the city's Director of Licenses ordered Le Club Etcetera to cease and desist all operations immediately because a proper license had not been issued for the establishment; and Whereas: There needs to be careful scrutiny of this incident in order to ensure that this community will not again be witness to such a senseless and tragic loss of a promising young life; Now, therefore be it resolved: That this Common Council requests the Buffalo Police Department to provide a report on the Temeka Lipscomb shooting, and to submit a list of all police response calls to Le Club Etcetera that have occurred over the past 36 months; and Be it further resolved: That the Director of Licenses be requested to provide a full report on the status of Le Club Etcetera; and Be it further resolved: That the New York State Liquor Authority be requested to provide a complete history of Le Club Etcetera and comment on the Temeka Lipscomb shooting; and Be it further resolved: That a public hearing be scheduled during the next regular meeting of the Finance Committee, on Tuesday, February 15, 1994 at 10:00 AM in Common Council Chambers, to discuss the Temeka Lipscomb shooting; and Be it finally resolved: That the City Clerk be requested to send certified copies of this resolution to all of the parties cited in this resolution. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF POLICE AND THE STATE LIQUOR AUTHORITY. No. 165 By: Mr. Collins Increased Appropriation Reserve For Capital Appropriations City Clerk - Exempt Items 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 - Division of City Clerk be and the same hereby is increased in the sum of $16,000. That the comptroller be and hereby is authorized and directed to transfer the sum of $16,000 from 100-890-050-Reserve for Capital Budget Appropriations to meet this increased appropriations as set forth below: To: 100 General Funds 01-Common Council 1-City Clerk 085-Capital Outlay 982-Operating Equipment $16,000 PASSED. AYES- 13 NOES- 0. No. 166 By: Mr. Collins Transfer Funds Stadium & Aud - Pilot Field - Purchase of Services Stadium & Aud - Pilot Field - Capital Outlay That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $175.00 be and the same is hereby transferred from the Pilot Field account for the purchase of Insurance and Surety Bonds and said sum is hereby reappropriated as set forth below: From: 420 Enterprise Fund 61 - Stadium and Auditorium 1 - Pilot Field 031 - Operation and Maintenance 582- Insurance and Surety Bonds $175.00 To: 420 Enterprise Fund 61 - Stadium and Auditorium 1 - Pilot Field 085 - Capital Outlays 982 - Operating Equipment $175.00 PASSED. AYES- 13 NOES- 0. No. 167 By: Mr. Collins Transfer Of Funds Division of Budget and Management Division of Development 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 $12,390 be and the same is hereby transferred from the Division of Budget and Management -Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $12,390 To: 200 Capital Project Fund 717 - Division of Development 069 - Improvements to the Massachusetts Pool & Play Area $12,390 PASSED. AYES- 13 NOES- 0. No. 168 By: Mr. Collins Forgive Parking, Towing and Storage Fines for Christine Edwards, 728 Humboldt Pkwy Whereas: On January 6, 1994, a car legally parked in front of 728 Humboldt Parkway was towed; and Whereas: This car is registered to Christine Edwards of the above address; and Whereas: A certified letter was received by the owner from the Parking Violations Bureau claiming that the car was abandoned and therefore towed; and Whereas: The Parking Violations Bureau is charging Ms. Edwards $82.00 for the towing and $9.00 per day for each day the car is in their possession; and Whereas: The month of January had one of the more significant snow falls in recent history; and Whereas: All cars found on City streets covered with snow or buried by snow caused by City plows should not be considered abandoned; Now, Therefore be it resolved That this Common Council request that the Parking Violations Bureau forgive the fine, towing and storage charges against Christine Edwards of 728 Humboldt Parkway. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 169 By: Mr. Coppola Fuel Management for City-Owned Vehicles Whereas: The City of Buffalo has been using the self-service honor system for fueling its vehicles and machinery; and Whereas: Effective solutions to fuel management do exist and are currently being used in many other cities, as well as many federal and state agencies; and Whereas: The self-service system is not the best system for conserving gasoline and saving money, and there is evidence that when a system is installed to monitor gas consumption, there is a significant decrease in fuel usage. Now therefore be it resolved that This Common Council requests that the Commissioners of the Department of Administration & Finance and General Services seriously consider the installation of an electronic or computerized monitoring system to monitor fuel consumption for all City of Buffalo vehicles and machinery. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF GENERAL SERVICES. No. 170 By: Mr. Coppola Request Information on Street Department Policy for Used Tires Whereas: For several years, the Street Sanitation Department has been struggling with the problem of used tire disposal; and Whereas: For the past couple of years, drop-off days have been scheduled where citizens are allowed to take used tires to designated collection sites; and Whereas: It would be helpful to this Common Council to be informed of the policy for used tires in the future. Now therefore be it resolved that The Commissioner of Street Sanitation inform this Common Council of his policy for used tires. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION. No. 171 By: Mr. Coppola One-Time-Only Parking Ticket Amnesty Program Whereas: Last June, New York City instituted a one-time-only parking ticket amnesty program, which recovered $23.5 million in previously uncollectible funds; and Whereas: "Scofflaws" owe the City of Buffalo approximately $13.1 million in fines, penalties, and interest for unpaid parking tickets, some dating back to 1986; and Whereas: The City of Buffalo is facing at least a $25 million deficit in the coming budget year; and Whereas: Before hiring an outside agency, which would receive a percentage of the funds collected, to collect the outstanding monies owed by Scofflaws, the City should consider a one-time-only parking ticket amnesty program for the month of April; and Whereas: Those monies recouped in April would be received in time for budget deliberations for the 1994-95 budget year; and Now therefore be it resolved that Because the one-time-only parking ticket amnesty was such a success in New York City, and with the City of Buffalo facing at least a $25 million deficit in the coming budget year, this Common Council requests that an amnesty program be instituted for the month of April to recover the outstanding monies owed in parking fines. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 12. NOES- ZUCHLEWSKI- 1. No. 172 By: Mr. Coppola Suggestion to Sell the Naming Rights to Lafayette Ice Rink Whereas: Lafayette Ice Rink in North Buffalo has been referred to by that name ever since its inception because it is located adjacent to a football field known as Lafayette Field; and Whereas: It is common practice to sell the naming rights of professional sports facilities such as Pilot Field and Rich Stadium, and to sell advertising space in professional hockey arenas on the area along the ice known as the "boards"; and Whereas: It was never pursued by the previous administration to sell the naming rights or advertising space on the boards of Lafayette Ice Rink; and Whereas: Monies realized from the sale of the name and inside advertising on the boards could be used to defray the operation and maintenance expenses of this facility; and Whereas: Selling the naming rights and advertising space on the boards at Lafayette Ice Rink is a creative way to defray expenses and could be used as a test case for other city-owned facilities. Now therefore be it resolved that This Common Council requests that the Commissioner of Parks explore the possibility of selling the naming rights and advertising space on the boards of Lafayette Ice Rink to help cover the operation and maintenance expenses. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS AND THE CORPORATION COUNSEL. No. 173 By: Mr. Czajka Appointment of Legislative Assistant Be It Resolved that Tammy Barnes residing at 25 Weaver Street, Buffalo, New York 14206, is hereby appointed as Legislative Assistant to Councilmember, effective February 7, 1994. ADOPTED. No. 174 By: Mr. Czajka HUD Report - Buffalo Home Equity Living Plan Whereas: The United States Department of Housing and Urban Development has conducted an investigation into possible use of federal funds by the Home Equity Living Plan (HELP), a not-for-profit organization, in purchasing a campground in Java, NY; and Whereas: The report issued after HUD's investigation concluded that no federal monies were used by the not-for-profit group headed by former Lovejoy Councilmember Norman Bakos, but suggested that there may have been a violation of conflict-of-interest regulations due to the involvement of the former city official; and Whereas: HUD further concluded that City of Buffalo funds may have been used improperly in the purchase of the campgrounds, and criticized the Comptroller's office for not monitoring the transaction more closely; and Whereas: The City Comptroller countered HUD's allegations by insisting that HUD could not unconditionally determine that city funds alone were used by the not-for-profit agency for the campground purchase and further blamed the former city administration and Financial Control of Agencies for not monitoring the contract executed with the Buffalo Urban Renewal Agency in 1986. Financial Control of Agencies naturally returned blame to the City Comptroller; and Whereas: The Common Council should hold a meeting to discuss the HUD report with representatives from the Department of Housing and Urban Development, the Comptroller, the Director of Financial Control of Agencies, and the Counsel to the Buffalo Urban Renewal Agency to ease the finger pointing and recommend stricter monitoring methods for using public funds; Now, Therefore, Be It Resolved: That the Common Council ask representatives from the Department of Housing and Urban Development, the Comptroller, the Director of Financial Control of Agencies, and the Counsel to the Buffalo Urban Renewal Agency to attend a meeting of the Urban Renewal Agency Committee to review the HUD report on the Home Equity Living Plan purchase of the Java, NY campground; and Be It Further Resolved: That the focus of the meeting center not only on the questionable use of public funds in this and other developments involving the former Councilmember, but also, more importantly, to clearly define the monitoring responsibilities of HUD, the City Comptroller, BURA, and the Financial Control of Agencies relating to use of federal Block Grant and general city funds. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMPTROLLER. No. 175 By: Mr. Fahey Council Support for NYS Toxic Reduction Plan Regulations Whereas: The NYSDEC has drafted regulations which would allow the agency to implement air and water protection laws as well as a 1990 state law requiring industries producing hazardous waste to prioritize waste reduction and file biannual reports; and Whereas: The enforcement of these regulations has been held up within the DEC by the threat of a lawsuit from certain industries; and Whereas: This hold up is preventing the enforcement of important environmental laws; and Whereas: As a result, the environment of our state is suffering under the burden of pollution which could be, and by law should be, prevented; and Whereas: The Council wishes to draw attention to this issue now to dovetail with the efforts of a broad coalition of Great Lakes environmental groups that has recently released a report titled "Putting Prevention First" that urges Great Lakes states to make toxic pollution prevention a standard business practice; Now therefore be it resolved, that: This Common Council urges the NYSDEC to quickly resolve any outstanding issues and to begin enforcing their Toxic Chemical Reduction Plan regulations; and Be it further resolved, that: This Council directs the City Clerk to send a certified copy of this resolution with a request for a written response to Thomas C. Jorling, Commissioner, NYSDEC, 50 Wolf Road, Albany, NY 12233, and to John J. Spaguoli, Regional Director, NYSDEC, 270 Michigan Avenue, Buffalo, NY 14203; and ADOPTED. No. 176 By: Mr. Fahey and Mrs. Lockwood Request Information on Cleanup of Outer Hazardous Wastes Whereas: This Common Council has proposed that a major waterfront park be located on the Outer Harbor between Shooters Restaurant and the Port Authority Terminal; and Whereas: This Council is aware that the Horizons Waterfront Commission is proposing a park for this area that will include a swimming beach; and Whereas: The investigation of hazardous wastes at this site is being undertaken by the NYSDEC with the consent of the NFTA; and Whereas: This Council needs to be fully informed of developments at this site and desires to have input into decisions made about the site; and Whereas: Cleanup methods for this site must be adequate to accommodate the exposure inherent in its rich potential use as a park and a swimming beach; Now therefore be it resolved, that: This Common Council requests the NYSDEC to file any information relevant to the Outer Harbor Hazardous Waste Site (Registry # 915026) with the City Clerk on an ongoing basis; and Be it further resolved, that: This Council requests the DEC to be cognizant of plans to turn this area into a beach and a park and to keep the Council fully informed of any opportunities to have input into cleanup decisions; and Be it finally resolved, that: This Council directs the City Clerk to send certified copies of this resolution to Thomas C. Jorling, Commissioner, NYSDEC, 50 Wolf Road, Albany, NY 12233, to John J. Spagnoli, Regional Director, NYSDEC, 270 Michigan Avenue, Buffalo, NY 14203, to Joseph Goodell, Chair, Horizons Waterfront Commission, 237 Main Street, Buffalo, NY 14203, and to Robert Gioia, Chair, Niagara Frontier Transportation Authority, 181 Ellicott Street, Buffalo, NY 14203. ADOPTED. No. 177 By: Mr. Fahey Appoint Tod A. Knaziuk BCAM Board of Directors Whereas: Leigh Harden has resigned from the Board of Directors of Buffalo Cable Access Media; and Whereas: This resignation has created a vacancy in one of the Council appointed seats on the BCAM board; Now, therefore be it resolved: That this Common Council appoint Tod A. Knaziuk of 316 Willett St., Buffalo, NY 14206 to serve the remainder of Leigh Harden's term on the BCAM board ending April 30, 1994. ADOPTED. No. 178 By: Mr. Franczyk Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Winifred Beckler Claim for reimbursement for incorrect pension check deduction for four months, February 1993 to May 1993 for a retired City employee. $25.44 2. Dent Neurological Group Claim for prior fiscal year invoice for services rendered to Firefighter, Charles Colern who injured his cervical spine on February 8, 1986 in the line of duty. The issue was in arbitration. $44.72 3. Execu-Type Inc. Claim for prior fiscal year Invoice #49211 for the repair of the typewriter in Councilman Fahey's Office. $45.55 4. Pauline Fedele Claim for damage to property by Department of Street Sanitation personnel in the performance of his duties in the control of pigeons at 280 Richmond Avenue. $30.00 5. Marcia T. Fell Claim for loss of garbage cans. $15.00 6. Shelly A. Hall Claim for loss of garbage can. $11.00 7. Maureen R. Johnson Claim for clothing damaged by fresh wet paint at Memorial Auditorium. $32.39 8. Cheryl Melbrod Claim for loss of garbage can. $10.50 9. Eugene Schermerhorn Claim for prior fiscal year one day's pay for an employee of the Department of Street Sanitation. Due to his extensive time off on compensation an error was made in the calculation of his personal days and he was not paid for a personal day taken. He went payless. After investigation it was determined that he had six personal days. $96.43 10. Sisters Diagnostic Imaging Claim for prior fiscal year invoice for services rendered to Police Officer Rene Gil who injured his right femur on September 24, 1991 in the line of duty. $61.71 11. Bart Sumbrum Claim for damage to his jacket from a protruding door clip in Room # 504 City Hall while carrying boxes through the doorway. $72.76 12. University Medical Practice Service P.C. Claim for prior fiscal year invoice for services rendered to Police Officer Carol Holloman who was treated on December 8, 1991 because she got the victim's blood on her hand that had a sore. $40.00 13. Linda C. Zink Claim for clothing damaged at Memorial Auditorium due to fresh wet paint. $75.58 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 179 By: Messrs. Franczyk, Fahey, Helfer and Bell Common Council Support for Relocation of UB Law School to City of Buffalo Whereas: There recently has been discussion about the need for the expansion of facilities for the University of Buffalo's Law School; and, Whereas: A number of prominent voices, including the Buffalo News and State Supreme Court Justice Dolores Denman, have called on University officials to consider relocating the Law School to downtown Buffalo; and, Whereas: Until the 1970's, UB's Law School was located in downtown Buffalo; and, Whereas: Moving the Law School to Amherst, NY separated the City of Buffalo from the resources and influences of a very important institution; and Whereas: The relocation to Amherst, NY has also created a hardship to the great number of students and staff who live in the City of Buffalo and other points south of Amherst; and, Whereas: The Law School of the University of Buffalo is well known for preparing students for public law practice; and, Whereas: The City of Buffalo is rife with the type of social problems that are studied by students at the Law School and, Whereas: Downtown Buffalo is a locus point for courts representing four different levels of government; and, Whereas: The relocation of UB's Law School to downtown Buffalo would bring students closer to real courtroom action and social problems studied by the School; and, Whereas: Such relocation would also ease the burden of commuting to School for many students and staffs shortening commuting time, allowing the use of public transportation and reducing automobile emissions in the area; Now, therefore be it resolved: That this Common Council invite University of Buffalo officials to consider relocation of the University's Law School to the City of Buffalo; and, Be it further resolved: That this Common Council urge the Mayor of Buffalo to initiate discussions with University officials regarding an eventual relocation of the Law School to the City of Buffalo. ADOPTED. No. 180 By: Mrs. Lockwood and Messrs. Fahey and Helfer Appoint Greenway Task Force Whereas: This Council, in adopting a draft Local Waterfront Revitalization Program (LWRP) for the city of Buffalo, added amendments instructing the Division of Planning to include the Waterfront Greenway Trail as the priority project for the waterfront (Item 200, C.C.P. December 11, 1990); and. Whereas: The Greenway Trail, as adopted by the Council, will extend throughout the entire waterfront, reserving the water's edge for public access and gentler forms of transportation; and Whereas: The Trail, as envisioned, will include the Riverwalk, the Scajaquada Pathway, a Hub at the Crossroads area, the Industrial Heritage Trail, the Buffalo River Greenway, the Parkway on the Outer Harbor, and connections to Riverside, Delaware, LaSalle, South, Houghton and Cazenovia Parks; and Whereas: Recent experiences with waterfront developments such as the Crossroads arena show that the Greenway Trail will be dealt with as an afterthought unless it is actively and diligently promoted; and Whereas: There is a need for an official body, made up of Greenway advocates and others to oversee the development of the Trail and assure that all waterfront plans and projects include full consideration of the Trail; Now therefore be it resolved, that: This Common Council hereby appoints a Greenway Task Force, to be chaired by former Councilmember Brain M. Higgins and composed of the following members: James August Frederick Holman North Dist Waterfront Review Friends of Buffalo River Committee 5550 Main Street 620 Liberty Bank Building Williamsville, NY 14221 Buffalo, NY 14202 Barry Boyer Allan Jamieson Friends of the Buffalo River Native American Dean, SUNYAB School of Law Indigenous Projects 319 O'Brien Hall 85 West Avenue, Apt. 2 SUNYAB North Campus Buffalo, NY 14201 Amherst, NY 14260 Lucy Cook Jesse Kregal Friends of Olmsted Parks Scajaquada Pathway Comm 2138 Main Street 250 Pennsylvania Street Buffalo, NY 14214 286 Buffalo, NY 14201 Brian M. Higgins Mark Mistretta 37 Kimberly Avenue Friends of Olmsted Parks Buffalo, NY 14220 95 John Muir Drive Buffalo, NY 14228 Thomas Pallas Philip Snyder Shickluna Bike Shop Stieglitz, Stieglitz and 226 Huntington Avenue Tries PC Buffalo, NY 14214 133 Grant Street Buffalo, NY 14213 Lorraine Pierro Cynthia Schwartz Industrial Heritage Comm Environmental Management 592 Englewood Commission Buffalo, NY 14223 c/o Roswell Pk Mem. Inst. Elm & Carlton Streets Ann Poole Buffalo, NY US Fish and Wildlife Service Suzanne Toomey- Spinks 405 North French Road BIKE - WNY Buffalo, NY 14228 483 Prospect Buffalo, NY 14201 Dr. Rae H. Rosen Margaret Wooster Horizons Waterfront Comm. Friends of the Buffalo River 256 Bryant Street 135 Woodward Avenue Buffalo, NY 14222 Buffalo, NY 14214; and Jerry Malloy Industrial Heritage Comm Ohio Street Buffalo, NY 14204 Be it further resolved, that: The Greenway Task Force is empowered to undertake the following tasks: To intervene in the planning, environmental review and approval process of waterfront projects within the City of Buffalo to assure that the Greenway Trail is well integrated with each project; To develop design standards for the Greenway Trail and to coordinate the efforts of the organizations working to design and build various stretches of the Trail; To educate officials and the public concerning the Greenway Trail; To aid in securing funding for the design and building of the Greenway Trail; and Be it finally resolved, that: The City Clerk be directed to send certified copies of this resolution to Mayor Masiello, the Horizons Waterfront Commission, and the Commissioner of Community Development. ADOPTED. No. 181 By: Mr. Perla Ordinance Amend - 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 as follows: Chapter 141, Collection of Arrears (A) Collection of processing charge - $10.00 (B) Additional charge to be added to all arrears sent to outside credit or collection agency - actual among charged by the collection agency. (C) Additional charge for administrative and legal expense to be added after litigation is commenced to arrears - $50.00 in the case of arrears of $500.00 or less in the aggregate, $100.00 in the case of arrears of more than $500.00 but less than $2,001.00 in the aggregate, $200.00 in the case of arrears of $2,002.00 and more but less than $10,001.00 in the aggregate, and $500.00 in the case of arrears of $10,001.00 and more in the aggregate. (D) These fees shall be in addition to statutory interest and costs, where applicable. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON FINANCE. No. 182 By: Mr. Pitts TCI Upgrade and Downgrade Charges Whereas: TCI of New York is now charging subscribers for upgrading and downgrading services; and Whereas: Subscribers must pay $14.57 for an upgrade or downgrade of a non-addressable service, and $2.16 for the upgrade or downgrade of an addressable service; and Whereas: If is difficult for consumers to understand how TCI can justify charging such significant fees for relatively simple procedures; and Whereas: A confidential TCI memo that was leaked to the press last year instructed managers to not back away from charges and to "blame it on re-regulation and the government now;" and Whereas: Despite the re-regulation legislation enacted by Congress last September, TCI's overall revenues rose 17 percent in the third quarter to $1.04 billion; and Now, therefore be it resolved: That TCI of New York be requested to explain in writing its justification for the upgrade and downgrade charges, and provide the formulas for calculating all current installation and repair fees. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 183 By: Messrs. Pitts & Perla Request Local Law - Economic Development Zones That the Common Council requests the Corporation Counsel to prepare a Local Law amending Section 281 of the Charter to provide for Economic Development Zone setting the boundaries and the following conditions: 1. The Mayor of the City of Buffalo shall have the power to prepare, execute and submit an application to the Commissioner of Economic Development of the State of New York for designation of an area or areas within the city of Buffalo as an economic development zone. 2. The boundaries of the designated areas shall be defined as that part of the city of Buffalo bounded by a line described as follows: 3. The local economic development zone administrative board shall be established and shall be comprised of eleven (11) members, representing the following entities: a. Commissioner of Community Development; b. A representative of Zone business; c. A representative of organized labor; d. A representative of a community organization; e. A representative of a financial institution; f. A representative of educational institution; g. Three (3) zone residents; and h. Two (2) district Common Council Members. 4. The Mayor of the City of Buffalo shall have the power to appoint the members of the local economic development zone administrative board, subject to confirmation by vote of the Common Council of the City of Buffalo. 5. The position of chairman of the local economic development zone administrative board shall be established and the Commissioner of Community Development shall serve as the chairman. 6. The position of local economic development zone certification officer shall be established and the Director of the Division of Development in the Department of Community Development shall serve as the local economic development zone certification officer. 7. The local economic development zone certification officer shall not serve as a member of the local economic development zone administrative board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 184 By: Mr. Pitts Arcade Cinema Parking Whereas: The Market Arcade Cinema has been an important part of the Theater District, drawing countless patrons to downtown Buffalo and helping project a vibrant, exciting image for the area; and Whereas: Buffalo Enterprise Development Corporation has received notice from the Arcade Cinema Group that they will be unable to arrange private financing of the $2.84 million HUD 108 first mortgage on the building, as had been anticipated; and Whereas: This situation could create some serious problems for the city, and could necessitate that the $2.84 million be deducted from next year's block grant and that BEDC foreclose on the property; and Whereas: A key element impairing the financial viability of the Arcade Cinema has been the decline in attendance since the theater's opening; and Whereas: One of the major factors effecting attendance at the Arcade Cinema has been the removal of free parking for theater patrons; and Whereas: When the Arcade Cinema opened, it had a five-year agreement with Goldome Bank that provided for free parking, allowing the theater to compete with movie complexes in the suburban malls; and Whereas: After M&T Bank acquired the Goldome Bank and the adjacent parking lot, it established a parking policy that resulted in theater-goers being charged one dollar to park; and Whereas: In large part because of that new parking policy, cinema sales have declined about 30 percent from the first year; and Whereas: Having served as Co-Chair of the Buffalo Financial Plan Commission, Mr. Wilmers should understand the tremendous negative impact that the failure of the Arcade Cinema would have on the city's fiscal condition, as well as on the economy of downtown Buffalo; Now, therefore be it resolved: That this Common Council request that M&T Bank change its current policy regarding its lot near the Market Arcade Cinema, and allow for free public parking for theater patrons. Mr. Pitts moved to strike the ninth "Whereas" from the original Resolution. Seconded by Mr. Fahey. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. Mr. Pitts now moved to refer the above item, as amended, to the Committee on Economic Development. Seconded by Mr. Bell. ADOPTED. No. 185 By: Messrs. Pitts & Bell Oppose Closing of Buffalo Residential Center Whereas: New York State has scheduled the closing of the Buffalo Residential Center on Best Street, a security facility for youthful offenders and juvenile delinquents, effective the end of March; and Whereas: Public officials, community leaders, and neighborhood residents have rallied in opposition to the state action, citing the need for this type of facility in Buffalo; and Whereas: Proponents for keeping the facility open argue that the state has neglected to consider the positive aspects of the facility and instead has focused on alleged criminal activity of some of the center's employees; and Whereas: Employees of the facility contend that the state has unfairly characterized their efforts, and maintain that they properly care for and provide a safe environment for inmates; Now, Therefore, Be It Resolved: That the Common Council join with other public officials, community activists, and neighborhood residents in denouncing New York State's intent to close the Buffalo Residential Center and unite with them in support of keeping the facility open; and Be It Further Resolved: That the Governor and the New York State Legislature be advised of the Common Council support for keeping the Buffalo Residential Center open; and Be It Finally Resolved: That the City Clerk be directed to forward certified copies of this resolution to Governor Cuomo, the Secretary to the New York State Senate, the Clerk of the Assembly, and the Western New York delegation to the NYS Legislature. ADOPTED. No. 186 By: Mr. Pitts Appt. Chief of Staff Mr. Pitts moved: That Mr. Peter Savage, residing at 207 West Ferry Avenue in the City of Buffalo, be and hereby is appointed to the position of Chief of Staff of the Common Council, effective February 8, 1994; and Be it further resolved that the Comptroller and the Director of the Budget prepare the necessary Salary Ordinance. ADOPTED. No. 187 By: Messrs. Pitts & Perla City of Buffalo Local Law No. (1994) Introductory No. 1 (1994) A Local Law adding section 281 of article 14 of the charter of the city of Buffalo in relation to establishing economic development zones. Be it enacted by the Common Council of the City of Buffalo as follows: Section 1. That section 281 of article 14 of the charter of the city of Buffalo, adopted pursuant to law, be added to read as follows: Sec. 281. Economic Development Zones. 1. The Mayor of the City of Buffalo shall have the power to prepare, execute and submit an application to the Commissioner of Economic Development of the State of New York for designation of an area or areas within the city of Buffalo as an economic development zone. 2. The boundaries of the designated areas shall be defined as that part of the city of Buffalo bounded by a line described as follows: SUB-ZONE 1: Portions of Census Tracts (C.T.) 5.00, 12.00, 13.02, 14.02, 15, 16, 18, 25.02, 31.68, 71.01. More fully described as follows: Beginning at the southeast corner of Main and High St.; thence easterly along High St. to Ellicott St.; thence southerly along Ellicott St. to Burton St.; thence easterly on an imaginary line extending from Burton St. to North Oak St.; thence southerly along N. Oak St. to Goodell St.; thence easterly along Goodell St. to Mulberry St.; thence southerly along an imaginary line extending from Mulberry St. (connecting Mulberry St. and Hickory St.) to Cherry St.; thence northeasterly along Cherry St. to Jefferson Ave.; thence northerly along Jefferson Ave. to the Kensington Expressway (NYS Rte. 33); thence northeasterly along the Kensington Expressway (NYS Rte. 33) to Carlton St.; thence easterly along Carlton St. to Grey St.; thence southerly along Grey St. to Genesee St.; thence southwesterly along Genesee St. to Jefferson Ave.; thence southerly along Jefferson Ave. to Broadway; thence easterly along Broadway to a CONRAIL (NY Central) rail line (approximately 50' east of Memorial Drive); thence southerly along the CONRAIL (NY Central) rail line to a southwesterly branch; thence southerly and southwesterly along the CONRAIL (NY Central) rail line, also being the southern boundaries of 495 Paderewski Drive (SBL #112.09-1-1.1) and 59 Memorial Drive (SBL #1 12. 13-1-1.2), to William St.; thence westerly along William St. to Jefferson Ave.; thence southerly along Jefferson Ave. to Myrtle Ave.; thence westerly along Myrtle Ave. to Hamburg St.; thence southerly along Hamburg St. to Seneca St.; thence easterly along Seneca St. to Smith St.; thence northerly along Smith St. to Fillmore Ave.; thence northerly along Fillmore Ave. to Hardwood Place; thence easterly along Hardwood Place to Dillon St.; thence northerly along Dillon St. to Fillmore Ave.; thence northerly along Fillmore Ave. approximately 100' to a CONRAIL (Penn Central) rail line; thence easterly along the CONRAIL (Penn Central) rail line approximately 950' to an intersection with a CONRAIL (Erie Lackawanna) rail line; thence southwesterly along the CONRAIL (Erie Lackawanna) rail line to the intersection of Smith St. and an imaginary line extended from Exchange St.; thence westerly along said imaginary line of Exchange St. to VanRensselaer St.; thence southerly along VanRensselaer St. to Perry St.; thence easterly along Perry st. approximately 700' to a CONRAIL (Erie-Lackawanna) rail line; thence southwesterly along said CONRAIL (Erie-Lackawanna) rail line to Fulton St.; thence westerly along Fulton St. to VanRensselaer St.; thence southerly along VanRensselaer St. to South Park Ave.; thence westerly along South Park Ave. to Fitzgerald St., extended; thence southerly along Fitzgerald St. to Mackinaw St.; thence westerly along Mackinaw St. to Katharine St.; thence northerly along Katharine St. to South Park Ave.; thence westerly along South Park Ave. to Red Jacket St.; thence northerly along Red Jacket St. to Fulton St.; thence easterly along Fulton St. approximately 400' to a CONRAIL (NY Central) rail line; thence northwesterly along said CONRAIL (NY Central) rail line to the NYS Thruway, Niagara Section (1-190); thence westerly along the NYS Thruway (1-190) to Hamburg St.; thence northerly along Hamburg St. approximately 600' to a CONRAIL (NY Central) rail line; thence westerly along said CONRAIL (NY Central) rail line to Michigan Ave.; thence northerly along Michigan Ave. to E. Tupper St.; thence westerly along E. Tupper St. to Elm St.; thence southerly along Elm St. to Genesee St.; thence westerly along Genesee St. to Oak St.; thence northerly along Oak St. to E. Tupper St.; thence westerly along E. Tupper St. to Main St.; thence northerly along Main St. to Edward St.; thence westerly along Edward St. to Virginia St.; thence southwesterly along Virginia St. to Keep Place; thence northwesterly along Keep Place to West Tupper St.; thence northwesterly along West Tupper St. to Malta Place; thence northwesterly along Malta Place to West Ave.; thence southeasterly along West Ave. to Maryland St.; thence southwesterly along Maryland to Busti Avenue; thence northwesterly along Busti Avenue to Hudson St.; thence northeasterly along Hudson St. to Cottage St; thence southeasterly along Cottage St. to Virginia St.; thence easterly along Virginia St. to Main St.; thence northerly along Main St. to High St. and the point of beginning. SUB-ZONE 2: Portions of Census Tracts (C.T.) 36 .00, 39.01, 39.02 and 42. More fully described as follows: Beginning at a point on E. Amherst St. and the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W., approximately 300' east of the intersection of East Amherst St. and Manhattan Ave.; thence easterly along E. Amherst St. to Clarence Ave.; thence southerly along Clarence Ave. to Kensington Ave.; thence southwesterly along Kensington Ave. approximately 300' to the easterly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.; thence southwesterly along the eastern boundary of said CONRAIL (Erie-Lackawanna) rail R.O.W. to E. Delavan Ave.; thence westerly along E. Delavan Ave. approximately 300' to an abandoned CONRAIL (Erie-Lackawanna) rail line; thence southerly along said abandoned CONRAIL rail line to an imaginary line extended east and west along Scajaquada St.; thence westerly along Scajaquada St. to Cornwall Avenue; thence northerly along Cornwall Ave. to East Delavan Ave.; thence easterly along E. Delavan Ave. to Norfolk Ave.; thence northerly along Norfolk Ave. to the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.; thence northwesterly along the western boundary of said abandoned CONRAIL (Erie-Lackawanna) rail R.O.W. to E. Amherst St. and the point of beginning. SUB-ZONE 3: Portion of Census Tract 3, Blocks 901 and 902. More fully described as follows: Beginning at a point at the intersection of the southerly shore of the Buffalo River and a CONRAIL (Erie-Lackawanna) rail line east of Bertha St.; thence southwesterly along the CONRAIL (Erie-Lackawanna) rail line and following a westerly branch of said rail line (abandoned) to the southerly shore of the Buffalo River approximately 800' south of South Park Ave; thence along the southerly shore of the Buffalo River to the CONRAIL (Erie-Lackawanna) rail line and the point of beginning. 3. The local economic development zone administrative board shall be established and shall be comprised of eleven (11) members as follows: a. Commissioner of Community Development; b. A representative of Zone business; c. A representative of organized labor; d. A representative of a community organization; e. A representative of a financial institution; f. A representative of educational institution; g. Three (3) zone residents; and h. Two (2) Common Council Members chosen by the Common Council 4. The Mayor of the City of Buffalo shall appoint, subject to confirmation of the Common Council of the City of Buffalo, and may at pleasure remove, the members described in section 3(b) through 3(g) above of the local economic development zone administration board. 5. The office of chairman of the local economic development zone administrative board shall be established and the Commissioner of Community Development shall serve as the chairman. 6. The office of local economic development zone certification officer shall be established and the Director of the Division of Development in the Department of Community Development, or such other officer or employee of the City of Buffalo as may be designated in writing by the chairman of the local economic development zone administrative board from time to time, shall serve as the local economic development zone certification officer. 7. The local economic development zone certification officer shall not serve as a member of the local economic development zone administrative board. Section 2. That this local law shall take effect immediately. Approved as to form Edward Peace Corporation Counsel LAID ON THE TABLE. No. 188 By: Mr. Zuchlewski Erect Banner Great Lakes United Whereas: Great Lakes United is an international, non-profit coalition to conserve and protect the Great Lakes/St. Lawrence River ecosystem, and Whereas: Great Lakes United will be holding their annual meeting at Buffalo State College on May 13, 14 and 15, and Whereas: Starting May 6 until May 15, Great Lakes United would like to string a banner across Elmwood Avenue near Buffalo State College, and Whereas: This banner would depict the specifics of the Great Lakes United meeting for public awareness, and Now, Therefore, Be it Resolved: That Great Lakes United be granted permission to string their banner across Elmwood Avenue near Buffalo State College from May 6 through May 15, and be it further Resolved: That copies of this resolution be mailed to Eve Brasure, Program Assistant, Great Lakes United, State University College of Buffalo, Cassely Hall, 1300 Elmwood Avenue, Buffalo, 14222, the Department of Public Works and the City of Buffalo Clerk. PASSED. AYES- 13 NOES- 0. No. 189 By: Mr. Zuchlewski Revoke Licenses For Dependable Cab Whereas: Last summer, Dependable Cab moved their dispatching equipment into 235 Esser Avenue which is a zoned residential dwelling, and Whereas: Shortly thereafter, residential complaints began and the owner of this property filed for a variance with the Zoning Board to change a portion of this property from apartment use to office use, and Whereas: On October 13, 1993, this variance request was denied by the Zoning Board and Dependable Cab was ordered to cease dispatching from this address immediately, and Whereas: It is apparent that the decision reached by the Zoning Board has gone unheard and Dependable Cab is still dispatching out of 235 Esser, and Whereas: The records of the Federal Communication Commission indicates a license being issued for dispatching to Dependable Cab at 235 Esser and the FCC's files show communication from this company with a return address of 235 Esser, and Now, Therefore, Be it Resolved: That because the owners of Dependable Cab are aware of the fact that they are in flagrant violation of the law in the City of Buffalo, the Common Council is requesting the City of Buffalo Division of Licensing to revoke the licenses issued to taxi cabs on record as being those owned by Dependable Cab, and Resolved: This would include, but not be limited to, the revocation of taxi cab-city tag #132 and livery cab-city tag numbers 1,3,4,5 and 6. REFERRED TO COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, AND THE CORPORATION COUNSEL. No. 190 By: Mr. Zuchlewski U.S. Food - Operation At 235 Esser Whereas: Several months ago, a Comer Store was opened under the name of U.S. Food and is located in the front of the building at 235 Esser, and Whereas: Approximately forty years ago, this front section of 235 Esser was zoned for use as a delicatessen or old fashioned "Mom and Pop Store", and Whereas: Prior to the opening of U.S. Food, this store front area was used as a dance studio for twenty-five years, and Whereas: Since the original issuance of a use permit for a delicatessen forty years ago, there has been no change of use permit issued to 235 Esser for the store front section of this building, and Whereas: It seems to be unclear as to whether or not this store is zoned properly and this business is being run legally, and Now, Therefore, Be it Resolved: That the Common Council requests Corporation Council, the Division of Planning, the Department of Inspections and Community Revitalization, the Zoning Board and the Division of Licenses to review this matter to see if this business is being run legally and that the forty year old use permit is still applicable, and Resolved: That a response to this question be given to the Common Council on or before the council meeting of March 8, 1994. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION, THE ZONING BOARD, THE CORPORATION COUNSEL, AND THE COMMISSIONER OF PUBLIC WORKS. No. 191 By: Mr. Zuchlewski Formation of the Riverside Park Steering Committee Whereas: in 1877, the City of Buffalo requested advise from Frederick Law Olmsted regarding a proposed extension of the City's park system, and Whereas: This proposal included Riverside which was a fulfillment of Olmsted's recommendation for a large waterfront ground, and Whereas: Since its development, many changes have taken place in the park to service the recreational needs of the people, and Whereas: Now, because of our ever changing times, neglect and the City's fiscal troubles the park is in dire need of updating, rehabilitation and general maintenance, and Whereas: In following the example set by the success of the Delaware Park Steering Committee, this Common Council should encourage the formation of similar citizen advocacy groups for all of our parks, Now, therefore be it Resolved That this Common Council recognize the establishment of the Riverside Park Steering Committee whose goal will be to identify the needs of Riverside Park, establish priorities for attainment of these goals and to advocate for the necessary improvements to Riverside Park through volunteer efforts, governmental involvement and adequate finding, and Be it further Resolved That the charter members of the Riverside Park Steering Committee are: Joseph Kedron, Chairman, who has been involved in the North District Waterfront Review Committee, Friends of Olmsted Park and is a registered architect with Cannon Design. Stan Rook, is a member of the Riverside Business Association representing Riverside Men's Shop. Dennis Evchich is President of the Riverside Business Association representing Evchich Insurance. Bud Bakewell has been a longtime activist in Bud Bakewell Hockey League and youth programs. David Braunstein is President of the Bud Bakewell Hockey League. Paul Wolf is an Attorney-at-Law, he is involved in the Black Rock/Riverside Neighborhood Housing Services, the North District Waterfront Review Committee and the Northwest Commercial Consortium. Wendy Eschborn is presently a Legislative Assistant to the Common Council William Christy who is President of the 21st Ward Independence Day Association ADOPTED. No. 192 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 Richard T. Donovan By Councilmember Fahey ADOPTED. No. 193 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Raymond E. Luper, Sr. Gloria Jean Hodge Bertha M. Hanns Total: 3 ADOPTED. UNFINISHED BUSINESS No. 194 Ordinance Amend. Ch. 413 (36) - Use of Streets (Item No. 8, C.C.P., May 28, 1992) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Collins. CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Coppola. ADOPTED. No. 195 Ordinance Amend. Ch. 175 (413) - Use of Streets (Item No. 25, C.C.P., May 28, 1992) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Collins, CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Coppola. ADOPTED. No. 196 Bond Res. - $71,000 - Masten Dist. Parks (Item No. 185, C.C.P., Jan. 25, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mrs. LoTempio. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Perla. PASSED. AYES- 13 NOES- 0. No. 197 Bond Res. - $75,000 - Ellicott Dist. Parks (Item No. 186, C.C.P., Jan. 25, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mrs. Lotempio. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Perla. PASSED. AYES- 13 NOES- 0. No. 198 Bond Res. - $200,000 - City Parks (Item No. 187, C.C.P., Jan. 25, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mrs. LoTempio. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Perla. PASSED. AYES- 13 NOES- 0. No. 199 Bond Res. - $300,000 - Massachusetts Pool (Item No. 188, C.C.P., Jan. 25, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mrs. Lotempio. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Perla. PASSED. AYES- 13 NOES- 0. No. 200 Bond Res. - $780,000 - Curbs/Sidewalks (Item No. 189, C.C.P., Jan. 25, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Lotempio. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Perla. PASSED. AYES- 13 NOES- 0. No. 201 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, Feb 15, 1994 9:30 AM Finance Tuesday, Feb 15, 1994 Immediately Following Civil Service Legislation Tuesday, Feb 15, 1994 2:00 PM Economic Dev. Wed., Feb 16, 1994, 10:00 AM Urban Renewal Agency Comm. Wed., Feb. 16, 1994, 1:00 PM No. 202 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Czajka the Council adjourned at 3:15 P.M. Charles L. Michaux, III City Clerk Board of Police and Fire Pension Proceedings #1 Mayor's Office-1417 City Hall January 27, 1994-11:00 a.m. Present: George K. Arthur, Council President; R. Michael McNamara, Deputy Comptroller-2 Absent: Anthony M. Masiello, Mayor-1 The Journal of the last Meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of January 1994 amounting to $31,251.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of January 1994 amounting to $33,565.81, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 3 The following annuitants have been cancel led from the Police Pension Payroll: Mary E. Murphy Died 12/21/93 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.