Loading...
HomeMy WebLinkAbout94-0405 No. 7 Common Council Proceedings of the City of Buffalo Regular Meeting, April 5, 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. GREENWAY TASK FORCE: Brian Higgins, Chairman, James August, Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy.Davd P. Comerford, Tammy Barnes, Terry Wherry CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, April 5, 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. Bell, the minutes of the stated meeting held on March 22, 1994 were approved. FROM THE MAYOR No. 1 Appointment of Members of Buffalo Arts Commission Pursuant to the powers vested in me by Chapter 6, Article v, Section 6-26 of the Buffalo Code, I hereby appoint the following persons as members of the Buffalo Arts Commission effective March 25, 1994: Alfred D. Price 77 Huntington Avenue Buffalo, NY 14214 Agnes M. Bain P.O. Box 2391 Buffalo, NY 14240 Donald J. Suita One Linwood Avenue Buffalo, NY 14209 Margaret Roblin 29 Colonial Circle Buffalo, NY 14222 Olga E. Mendell 730 Ashland Avenue Buffalo, NY 14222 Alfred D. Price is an Associate Professor and Chair with the Department of Planning and Design, School of Architecture and Planning, SUNY/Buffalo. He is involved in various community organizations too numerous to mention. Agnes M. Bain will succeed Robert Budin whose term has expired. Ms. Bain, Executive Director of the African-American Cultural Center is a graduate of Empire State College majoring in Human Service, Interior Design. Ms. Bain is affiliated with various community organizations and received many awards. Donald J. Suita will succeed Edmund Karnofsky whose term has expired. Mr. Suita attended SUNY College at Buffalo, majoring in Art Education and Art History. He also attended Hilbert College majoring in Fine Arts. Mr. Suita is the owner and director of Art Dialogue Gallery. Mr. Suita was awarded numerous awards and is involved in many organizations too numerous to mention. Margaret Roblin will succeed H. Robert Hedge whose term has expired. Ms. Roblin graduated from the State University of New York at Buffalo majoring in Anthropology and attended Studio Arena Theatre Acting School. Ms. Roblin is currently an Independent Insurance Broker. Ms. Roblin is involved in many community organizations. Olga E. Mendell graduated from Harvard University, Connecticut College and Universdad de Villanueva. Ms. Mendell is currently an Associate Professor at D'Youville College. Ms. Mendell has received numerous awards and honors and is involved in many community organizations. I hereby certify that the persons listed above are fully qualified for appointment to the Buffalo Arts Commission. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 Walgreens - Request To Place An Illuminated Ground Sign And Two Directional Signs At 636 Delaware, Corner of North Item No. 94, C.C.P., March 22, 1994 The City Planning Board at its regular meeting held Tuesday, March 29, 1994, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to place an accessory ground sign with a sign face area of 2 feet 8 inches by 8 feet and an overall height of 4 1/2 feet. The applicant also seeks to place two directional signs, each with a sign face area of 3 square feet. The signs will be illuminated by external lights. The site is located in a C2 zone which permits such signage. The site is also located in the Allentown Preservation District. The Buffalo Preservation Board at its meeting of March 22, 1994, granted a "Certificate of Exception" for the signs as requested. Under SEQR the proposed signs are considered A Type II action which does not require further environmental review. The Planning Board voted to approve the proposed signs. RECEIVED AND FILED. No. 3 Cleveland Hill United Methodist Church Request To Place An Illuminated Ground Sign At 552 Eggert Road Item No. 95, C.C.P., March 22, 1994 The City Planning Board at its regular meeting held Tuesday, March 29, 1994, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to place an illuminated ground sign that will have a sign face area of 6 feet by 4 feet, or 24 square feet and will be 7 feet 6 inches in overall height. The sign will also contain a reader board which will display ongoing church activities. The site is located in an R2 zone which does not permit such signage; consequently, the applicant is scheduled to appear before the Zoning Board of Appeals to grant permission for the sign. Under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the sign as presented. RECEIVED AND FILED. No. 4 266 Bryant Inc. - Request To Convert a Retail Store And Take-out Restaurant Into a Sit-in Restaurant and Sidewalk Cafe Item No. 97, C.C.P., March 22, 1994 The City Planning Board at its regular meeting held Tuesday, March 29, 1994, considered the above request pursuant to Sections 511-56 and 413-59 of the Buffalo Code, the EB District and Sidewalk Uses relative to cafes. The applicant seeks to convert an existing take-out restaurant into a sit-in restaurant. The applicant also seeks permission for a sidewalk cafe consisting of five tables which will be removed each evening when the restaurant closes. The site is located in the EB district which considers such expansions to be restricted uses requiring the approval of your Honorable Body. It should be noted that the Planning Board and your Honorable Body have approved the take-out restaurant at an earlier time (see Item No. 98, C.C.P., December 14, 1993 ff.). Under SEQR the proposed restaurant and sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the use of the take-out restaurant while voting to table the proposed sidewalk cafe until the Department of Public Works could review it and the applicant could provide the City Planning Board with more information relative to it. RECEIVED AND FILED. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 5 Certificate of Appointment Appointment effective April 1, 1994 in the Department of Stadium and Auditorium, Division of Pilot Field Stadium, David A. Brown 1263 Clinton Street, Buffalo, 14206, to the position of Laborer II, Permanent, at the Intermediate starting salary of $10.00 hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF PARKING No. 6 Bids - Skyway Lot # 3 Item No. 9 C.C.P. 02/22/94 Per your request, there was only one (1) bidder for this parking log, Allright Parking Buffalo, Inc. The Board of Parking followed the prescribed procedures of the City Charter in publicly advertising the lease of said lot. As I have explained, this is a lump sum annual rental proposal. There is no audit required. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF ETHICS No. 7 Opinion-Conflict Of Interest - C. Paladino Res. # 194 CCP, July 6, 1993 This opinion is in response to your inquiry whether a conflict of interest exists due to Mr. Carl Paladino's service as a member of the Board of Parking and his involvement as owner and/or operator of commercial parking lots in Buffalo, New York. It should be pointed out at the outset of this memorandum that Mr. Paladino came to the Board of Ethics meeting of February 15, 1994 and fully cooperated with our efforts to understand his involvement in downtown parking and his relationship with the Parking Board. We found that Mr. Paladino disclosed his personal interests to the Parking Board and abstained from voting on matters that potentially affected his private interests. We wish to be careful to point out to this Honorable Body that no matter has been brought to our attention of any specific impropriety by Mr. Paladino while a member of the Parking Board. We understand that Mr. Paladino has submitted his resignation from the Parking Board to the Mayor. We now find it unnecessary to discuss any other specific recommendations regarding the conduct of business by the Parking Board now that Mr. Paladino is no longer a member of that body. RECEIVED AND FILED. No. 8 Opinion on Intergenerational Housing LDA Please be advised that the Board of Ethics has reviewed the letter of Councilmember Carl A. Perla, Jr. dated January 20, 1994 concerning C.C.P. Item # 46, January 11, 1994. We have also reviewed the Opinion of the Corporation Counsel relative thereto. The Board of Ethics concurs fully in that Opinion. RECEIVED AND FILED. FROM THE COMPTROLLER No. 9 Certificate Of Necessity Increased Appropriation Reserve for Capital Appropriations Division of Buildings 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 $1,059 in the estimates for the fiscal year beginning July 1, 1993 is necessary in Appropriation Allotments - Division of Buildings 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, March 24, 1994 RECEIVED AND FILED. No. 10 Certificate Of Necessity Transfer of Funds Division of Budget and Management Capital Projects Fund - Division of Buildings 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 $9,000 be transferred and reappropriated from the Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, March 24, 1994 RECEIVED AND FILED. No. 11 Certificate Of Necessity Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings 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 $237,640 be transferred and reappropriated from the Reserve for capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, March 24, 1994 RECEIVED AND FILED. No. 12 Request for Inclusion - List of Appraisers The Comptroller's Office, Division of Real Estate, has received requests form Upstate Appraisal, Inc., 280 Cayuga Road, Buffalo, New York 14225 and John J Zipp, Appraiser, 2020 Clinton Street, Buffalo, New York 14206 to be added to the City's approved List of Appraisers. In accordance with Article 17, Section 312, I am recommending that these requests be forwarded to the Appraisal Review Board for their consideration. RECEIVED AND FILED. No. 13 Permission to Negotiate 269 Detroit E 390' N Paderewski Vacant Lot Size: 30' x 118' Assessed Valuation: $1,800 The Office of the Comptroller, Division of Real Estate has received a request from Michael Cureton of 75 Wood Avenue, Buffalo, New York to purchase the above captioned City-owned property. Mr. Cureton is requesting to purchase 269 Detroit for his parents who own property adjacent to this City-owned lot at 273 Detroit. They wish to purchase this City-owned vacant lot to beautify and for security purposes. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale with Michael Cureton for the above mentioned property and will report back to Your Honorable Body with results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, March 29, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate with Michael Cureton, residing at 75 Wood Avenue, for the private sale of 269 Detroit and report to this Honorable Body the results of such negotiations. ADOPTED. No. 14 Results of Negotiations 537 Best Street, SE Cor Johnson Street, Vacant Lot: 30' x 101' Assessed Valuation - Land: $500, 443 Johnson Street, 101' S Best, Vacant Lot 25' x 70' Assessed Valuation - $400 Item No. 17, C.C.P. 7/21/92 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real, to negotiated a private sale with Mr. Man Edmunds. Mr. Edmunds intends to purchase the above captioned properties, which are adjacent to his home, for extra yard space. Originally, Mr. Edmund's requested to purchase only 537 Best Street. During our negotiations, Mr. Edmund requested to purchase 443 Johnson, which adjoins the Best Street parcel and consists of 25 by 70 foot parcel. An independent appraisal of the property was conducted by Mr. James H. White, J. H. White Realty, 537 Humboldt Parkway, Buffalo, New York 14208. Mr. White has estimated the fair market value of the property to be Seven Hundred Dollars ($700). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Man Edmund's has agreed and is prepared to pay Seven Hundred Dollars ($700) for the subject properties. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale 537 Best Street and 443 Johnson Street to Mr. Alan Edmund's, in the amount of Seven Hundred Dollars ($700). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated March 30, 1994, be received and filed; and That the offer of Mr. Alan Edmunds, in the sum of $700.00 (Seven Hundred Dollars), to purchase the properties described as 537 Best Street and 443 Johnson Street is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer taxes, recording fees and cost of the legal descriptions shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 15 Results of Negotiations 280 Brinkman, W 152.25' S Doat Vacant Lot: 30'x 118' Assessed Valuation: $4,200 Item No. 13, C.C.P. 12/14/93 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with the Mr. Karry Walker, 284 Brinkman Street, Buffalo, New York to purchase the above parcel for extra yard space. An independent appraisal of the property was conducted by Mr. Raymond Cunningham, Appraiser, 22 Lafayette Blvd., Williamsville, New York 14421. He has estimated the fair market value of the property to be Eight Hundred Dollars ($800). This represents about Twenty-three cents ($.23) a square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Fifteen Cents ($. 15) a square foot to Thirty Cents ($.30) a square foot. The results of negotiations are that Mr. Walker has agreed and is prepared to pay Eight Hundred Dollars ($800). He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 280 Brinkman to Mr. Karry Walker, in the amount of Eight Hundred Dollars ($800). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated March 30, 1994, be received and filed; and That the offer of Mr. Karry Walker, 284 Brinkman Street, Buffalo, New York, in the sum of $800.00 (Eight Hundred Dollars) to purchase the property described as 280 Brinkman Street is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 16 Results of Negotiations 427 Wohlers Lot Size: 35' x 105' (N of Goulding) Assessed Valuation: Land:$ 2,600 Total: $38,000 Item No. 22, C.C.P. 2/22/94 In the above referenced Item Your Honorable Body authorized the Comptroller, Division of Real Estate, to negotiate a private sale with Community Action Organization of Erie County, Inc., 70 Harvard Place, Buffalo, New York 14209. Community Action Organization intends to purchase, rehabilitate and market this home to a low-income family. An independent appraisal of the property was conducted by Able Appraisal Associates, Mr. Dennis Walker, Appraiser, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Four Thousand Dollars ($4,000) The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from a low of One Thousand Dollars ($1,000) to a high of Ten Thousand Dollars ($10,000) for a two (2) family home in the area.. The results of our negotiations are that Communality Action Organization has offered Twenty-five Hundred Dollars ($2,500) for the two (2) family home. They will also pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Although the price offered is Fifteen Hundred Dollars ($1,500) less than the appraised value, I have taken the following under consideration in forming my recommendation to Your Honorable Body: 1. The roof at the subject property is in poor condition, is leaking and causing rapid deterioration to the interior of the structure. 2. The Community Action Organization will spend a considerable amount of money to completely rehabilitate the interior and exterior of the property. 3. When rehabilitation is completed the Community Action Organization will market this home to a low income family and return the two (2) family home to the tax roll. Therefore, I am recommending that Your Honorable Body approve the sale of 427 Wohlers Street to the Community Actin Organization of Erie County, Incorporated for the amount of Twenty-five Hundred Dollars ($2,500). I am further recommending that Your Honorable body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated March 30, 1994, be received and filed; and That the offer of Community Action Organization of Erie County, Inc., 70 Harvard Place, Buffalo, New York 14209, in the sum of $2500.00 (Twenty-five Hundred Dollars), to purchase the property described as 427 Wohlers Street is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer taxes, recording fees and cost of the legal descriptions shall be paid by the purchaser; and That the following conditions be met: 1. The roof at the subject property is in poor condition, is leaking and causing rapid deterioration to the interior of the structure. 2. The Community Action Organization will spend a considerable amount of money to completely rehabilitate the interior and exterior of the property. 3. When rehabilitation is completed the Community Action Organization will market this home to a low income family and return the two (2) family home to the tax roll. PASSED. AYES- 13 NOES- 0. No. 17 Results of Negotiations-Tifft Street Bridge Reconstruction Land Acquisition - Map # 10, Parcel # 15 Item No. 35, C.C.P. 4/28/92 In the above referenced item Your Honorable Body authorized the Comptroller's Office, Division of Real Estate, to acquire various easements and parcels of land along Tifft Street for the new Tifft Street Bridge. Parcel # 15 is owned by South Buffalo Railway Company and consists of approximately 9,923 sq. ft. of land. South Buffalo Railway Company has agreed to grant the City of Buffalo a permanent easement. The consideration for granting the easement is Four Hundred Ninety-Six Dollars ($496.00). Two independent appraisals were acquired by the City of Buffalo to estimate the value of the easement. G.A.R. Associates estimate the value of the easement to be Four Hundred Ninety-Six Dollars ($496.00) and Harold Hamilton, Jr. estimated the value to be Sixteen Hundred Dollars ($1,600.00). I am recommending that Your Honorable Body approve the payment of Four Hundred Ninety-Six Dollars ($496.00) to South Buffalo Railway Company for the easement. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of the easement and that the Comptroller be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated March 28, 1994, be received and filed; and That the Comptroller's Office, Division of Real Estate, be, and are hereby authorized to acquire various easements and Parcel # 15 of land along Tifft Street for the new Tifft Street Bridge, in the sum of $496.00 (Four Hundred and Ninety Six Dollars) to South Buffalo Railway Company for the easement; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 18 Correct Lease Agreement Senior Citizen Clubs of Buffalo and Erie County Item No. 18, C.C.P. 2/22/94 Your Honorable Body approved a one year option to renew the lease agreement between the City of Buffalo and the Senior Citizen Clubs of Buffalo and Erie County Item No. 18, Common Council Proceeding of February 22, 1994. The Division of Real Estate's communication to the Common Council indicated that the period was to commence on April 1,1994 and end on March 30, 1995. The approving motion was typed in error and reads"... to commence on April 1, 1993 and ending on March 30, 1994. This office is requesting that Your Honorable Body authorize that the approving motion be corrected to read "... to commence on April 1, 1994 and ending March 30, 1995." Mr. Pitts moved: That the communication from the Comptroller, dated March 30, 1994, be received and filed; and That the commencement date of the lease between the City of Buffalo and the Senior Citizen Clubs of Buffalo and Erie County as contained in Item No. 18, C.C.P., February 22, 1994 should read "... to commence on April 1, 1994 and ending March 30, 1995." PASSED. AYES- 13 NOES- 0. No. 19 Require Persons in Violation of Housing Code Standards to Satisfy All Outstanding Property, Water & Sewer Tax Obligations Item No. 184, CCP, 3/22/94 We are in receipt of the Resolution adopted by your Honorable Body, requiring that persons in violation of housing codes satisfy all outstanding property tax, sewer tax, and water arrears. The Division of Collections stands ready to work with the Department of Inspections & Community Revitalization, as well as the Housing Court, to establish procedures to provide information on outstanding obligations owed on these properties. We intend to contact the Corporation Counsel for clarification of our legal standing to enact such a policy. RECEIVED AND FILED. No. 20 Buffalo Sewer Authority Audit Report Enclosed is a copy of the most recent audit report of the Buffalo Sewer Authority. This audit report encompasses the period from July 1991 through and including June 1993. REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO SEWER AUTHORITY. No. 21 Report of Audit Department of Public Works Erie Basin Marina Lease Agreement In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Public Works, Erie Basin Marina Lease Agreement audit report for the period February 1, 1991, to January 31, 1994. Our examination of the rentals paid to the City has revealed that the City apparently failed to exercise the option to revert back to the 20% rate on fuel purchases which had the effect of potential loss of revenue to the City totalling $10,160 for 1992 and $14,085 for 1993. REFERRED TO THE SPECIAL COMMITTEE ON ERIE BASIN MARINA. No. 22 Abandonment - Portion Seattle Street Item No. 151, C.C.P. 1/2/92 In the above referenced item Your Honorable body authorized this office to negotiate the abandonment and sale of a portion of Seattle Street to Scrivner Inc., 416 Kenmore Avenue, and Kenmore-Englewood Associates, 392-400 Seattle Street (petitioners). The portion of Seattle Street to be abandon consists of that part of a paper street extending westerly from Englewood Avenue to a dead end at the former Erie Railroad right-of-way. In accordance with Article 27, Section 514 of the City Charter the purchasers have petitioned Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the property. Two appraisers were appointed, Mr. Walter F. Marcus and Mr. Frank Pirritano. They have estimated in their Final Report to the Court that the value of the City's interest in the property is Thirteen Thousand Dollars ($13,000) and have filed said report with the Erie County Clerk's Office. All written consents to the proposed abandonment and sale, which are required pursuant to Section 390 of the City Charter, have been obtained from the owners of all land abutting that portion of Seattle Street to be abandoned and sold. I am recommending that Your Honorable Body approve the abandonment and sale of that portion of Seattle Street, described above, to Scrivner, Inc. and Kenmore Englewood Associates in the amount of Thirteen Thousand Dollars, ($13,000). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same upon the following conditions; That the street be sold subject to the right of the Sewer Authority, Water Authority and the utility lines that may be running over, under or across the land; and that the foregoing abandonment, discontinuance and closing, shall not become effective until the deed conveying any interest of the City of Buffalo in and to such land has been recorded in the Erie County Clerk's Office. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 23 Results of Negotiations 27 Spring, E 36.27' N Myrtle Vacant Lot: 27' x 59' Assessed Valuation: $1,100 Item No. 15, C.C.P. 11/24/92 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with New Era Cap Co., Inc., to purchase the above City-owned property. They intend to purchase and improve this property as parking for their employees. An independent appraisal of the property was conducted by Mr. Howard P. Schultz, Appraiser, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the fair market value of the property to be Two Hundred and Fifty Dollars ($250). This represents about Sixteen Cents (.16) a square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties and concurs with the appraisers estimate of value. The property has limited depth and, therefore, its utility is greatly diminished resulting in very low value. The results of our negotiations are that New Era Cap Co., Inc. has agreed and is prepared to pay Two Hundred and Fifty Dollars ($250) for the property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 27 Spring Street to New Era Cap Co., Inc. in the amount of Two Hundred and Fifty Dollars ($250). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary closing documents and that the Mayor be authorize to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated April 5, 1994, be received and filed; and That the offer of New Era Cap Co. Inc., in the sum of $250.00. to purchase the property described as 27 Spring Street be accepted: and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid as submitted, provided, however; That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer taxes, recording fees and costs of the legal descriptions shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. FROM THE PRESIDENT OF THE COUNCIL No. 24 Reappointment Of Labor Management Committee I am reappointing the Labor Management Committee that worked together with the unions last year in the submission of the application to the U.S. Department of Labor, Local 264 President/Designee, 1 to be appointed; Local 650 President/Designee, -1 to be appointed; Local 2651 President/Designee, l to be appointed; District 35 President/Designee, 1 to be appointed; The Mayor/Designee, .1 to be appointed; Comptroller/Designee, 1 to be appointed; Common Council Member Rosemarie LoTempio, Chairperson; Minority Leader Kevin Helfer; Majority Leader James Pitts; Lovejoy District Council Member, David Czajka. This committee is to begin its' deliberations immediately and to report back to this Body in a timely basis, the progress of its submission for the grant. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 25 Liquor License Application Item No. 78, C.C.P. 03-22-94 The above item was referred to this office for a report. We reviewed our tax files to determine if the individuals and/or corporation applying for a liquor license owes real property tax, sewer rent, local assessment and occupancy tax. According to our records, the property assessed as 1122 Hertel and assessed to Adam K. Johnson, 307 North Park, Buffalo, New York shows that the City taxes, occupancy tax and sewer rent are paid. We do not list the applicant, Frank A. LoJacono, as owning real property in the City of Buffalo. The property 1459 Hertel assessed as 1457 Hertel and assessed to Anthony J. Hurliman, 283 Willowbend, Tonawanda, New York shows that the 1993-94 real property tax and sewer rent remains unpaid. The amount with the interest computed as of 'Larch 31, 1994 is $5,870.64. We do not list the applicant, Vincent Giamo, or the business, Vinnar Inc., 84 Shoreham Parkway, Buffalo, New York as owning property in the City of Buffalo. We do show that the city tax, occupancy tax and sewer rent of the business (Vinnar Inc.) address assessed as 84 Shoreham Parkway and assessed to Mary R. Giamo are current and paid. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PUBLIC WORKS No. 26 Director of Water Appointment I hereby appoint Mr. John F. Rehak, 866 Tacoma Avenue, Buffalo, NY 14216 to the position of Director of Water in the Department of Public Works effective March 21, 1994 in accordance with Article 10, Section 189 of the City Charter. Mr. Rehak holds a Bachelor of Science degree in Business Administration from Canisius College. He has also served for 8 years as a staff member with the Honorable Henry J. Nowak, member of Congress. Mr. Rehak also has served for two years as Deputy Comptroller for the County of Erie. John also has extensive experience in the insurance business and various public relations endeavors. I hereby certify that Mr. Rehak meets all of the qualifications for the position of Director of Water. RECEIVED AND FILED. No. 27 Representative-Design Review Task Force Please be advised that we nominate Paul McDonnell, R.A., to represent the Architects Office in the above mentioned group. Also, as a representative of the Permit Office, we recommend Dave Krug to assist this task force. Thanks for the opportunity to get involved with this interesting effort. RECEIVED AND FILED. No. 28 Notification Serial #8352 Repeal of No Parking on North Division Street NO 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 23 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the NO PARKING following: PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD North Division Street, south side At all Times between Main Street and Washington Street This prohibited parking period is being repealed to update our records and provide consistency with current field conditions. Notification Serial #8353 Install No Standing on North Division Street NO STANDING - 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 22 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the NO STANDING following: PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD North Division, south side At all times between Main Street and Washington Street This modification is being done to update our records and provide consistency with current field conditions. Notification Serial #8354 Repeal of No Standing on North Division Street 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 PORTION HIGHWAY PROHIBITED PERIOD North Division, north side At all times between Washington Street and Oak Street This prohibited standing period is being repealed to update our records and provide consistency with current field conditions. Notification Serial #8355 Install No Standing on North Division Street NO STANDING - 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 20 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the NO STANDING following: PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD North Division Street, north side At all times between Washington Street and Ellicott Street This modification is being done to update our records and provide consistency with current field conditions. Notification Serial #8356 Install No Standing on North Division Street NO STANDING - 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 20 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the NO STANDING following: PUBLIC HIGHWAY PROHIBITED PRTN HIGHWAY North Division St, north side from Ellicott St to a point 75' east North Division St, north side from Oak Street to a point 50' west This modification is being done to update our records and provide consistency with current field conditions. Notification Serial #8357 Repeal of No Standing on North Division Street 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 North Division Street, south side 7a.m. - 7p.m. between Washington Street and Ellicott St This prohibited parking period is being repealed to update our records and provide consistency with current field conditions. Notification Serial #8358 Install No Standing on North Division Street NO STANDING - 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 22 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the NO STANDING following: PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD North Division Street, south side At All Times between Washington Street and Oak Street This modification is being done to update our records and provide consistency with current field conditions. Notification Serial #8359 Repeal of No Standing Zone on South Division Street 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 Division St, north side 4p.m.-6p.m. except Sunday between Ellicott Street and Oak Street This prohibited standing period is being repealed to update our records and provide consistency with current field conditions. Notification Serial #8360 Install No Standing on South Division Street NO STANDING - 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 22 of Section 15 of Chapter 479 of Ordinances of NO the City of Buffalo be supplemented by adding thereto the following: STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD South Division Street, At All Times between Main Street and Oak Street This modification is being made to update our records and provide consistency with current field conditions. Notification Serial #8361 Repeal of No Standing on South Division Street 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 PORTION HIGHWAY PROHIBITED PERIOD South Division, south side At all times between Oak Street and Elm Street This prohibited standing period is being repealed to update our records and provide consistency with current field conditions. Notification Serial #8362 Install No Standing on South Division Street NO STANDING - 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 20 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the NO STANDING following: PUBLIC HIGHWAY PROHIBITED PRTN HIGHWAY South Division St, south side from Oak St to a point 60' east South Division St, south side from Elm St to a point 55' west This modification is being done to update our records and provide consistency with current field conditions. Notification Serial #8363 Install Alternate Parking-Type I Babcock Street between Clinton St. and Erie R.R. (Northern End) NO PARKING (ALTERNATE PARKING - TYPE I) - 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 24 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 PD DAILY Babcock Street, east side 4 p.m. Wednesday to between Clinton and Erie R.R 4 p.m. Sunday (Northern End) Babcock Street, west side 4 p.m. Sunday to between Clinton and Erie R.R. 4 p.m. Wednesday (Northern End) Currently there are no parking restrictions on Babcock. This thoroughfare is 30' wide and allows parking on both sides of the street at all times. Emergency vehicles are nearly prevented from entering this street due to the parking situation. This ordinance will alleviate this problem and still allow adequate on-street parking for residents of the area. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 29 Claim for Wages Various Employees From March 28, 1994 through April 10, 1994 members of the crew of the Cotter worked while an agreement was being formulated to cover various aspects of their employment. On May 1, 1993 each employee should have been transferred from the Engineering Division to the Buildings Division and their salaries set at $30,000. Due to the fact that the above mentioned agreement was not finalized and approved by the Budget Director, the Civil Service Commission and Your Honorable Body, the proper 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 March 28, 1994 through April 10, 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 March 23, 1994, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from March 28, 1994 through April 10, 1994 to the individuals listed and in the amounts specified in the above communication. Provided however, that the Civil Service Commission report to this Common Council regarding the status of these employees. PASSED. AYES- 13 NOES- 0. No. 30 Transfer of Funds Resolution # 166, C.C.P. 3/22/94 Please review the following information regarding the above mentioned transfer of funds. The cost of appraisal for the reorganization effort was not originally included in the initial monies allocated. Funds from the Planning for Capital Improvements accounts is an alternative to ratify this cost. RECEIVED AND FILED. No. 31 Permission to Prepare Plans and Specifications and Advertise for Sealed Proposals for the Resurfacing of Group #366 - Argyle Park - Potomac to W. Delavan I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the resurfacing of Group #366, Argyle Park - Potomac to W. Delavan. This project will include new concrete curb, sidewalk, pavement resurfacing, and masonry repair to the entrance columns and walls at Potomac and at W. Delavan. Funds for this project will be available in Division of Engineering C.P.F. Account #200-401-014. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 23, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise for sealed proposals for the resurfacing of Group #366- Argyle Park - Potomac to W. Delavan, as listed in the above communication, with said costs to be charged to Division of Engineering C.P.F. Account #200-401-014. ADOPTED. No. 32 Permission to Prepare Plans & Specifications and Advertise Proposals for the Conversion of North Street between Delaware & Symphony Circle from One-Way to Two-Way Traffic I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the following project: Conversion of North Street between Delaware Avenue and Symphony Circle from one-way traffic to two-way traffic. Funds for this project will be available in Capital Project Fund #200-401-006-00-000. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 30, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise proposals for the conversion of North Street between Delaware and Symphony Circle from One-Way to Two-Way Traffic, as listed in the above communication, with said costs to be charged to Capital Project Fund #200-401-006-00-000. ADOPTED. No. 33 Permission to Prepare Plans and Specifications and Advertise for Sealed Proposals for the Resurfacing of Group #367 Rohr St. -Genesee to Walden Fillmore - Sycamore to Genesee- Porter Ave. - Busti to Fargo I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the resurfacing of Group #367: Rohr St. - Genesee to Walden Fillmore - Sycamore to Gene see Porter Ave. - Busti to Fargo This project will include the replacement of curb, sidewalk, & milling/overlay. Funds for this project will be available in Division of Engineering C.P.F. Account #200-401-014. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 30, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise for sealed proposals for the resurfacing of Group #367- Rohr St., Genesee to Walden, Fillmore - Sycamore to Genesee and Porter Ave., Busti to Fargo, as listed in the above communication, with said costs to he charged to Division of Engineering C.P.F. Account #200-401-014. ADOPTED. No. 34 Permission to Prepare Plans and Specifications and Advertise for Sealed Proposals for the Resurfacing of Group #360-3 Skillen St. Roesch to Vulcan I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the resurfacing of Group #360-3, Skillen St. - Roesch to Vulcan. This project will include the replacement of granite curb, sidewalk, pavement/milling, and hydrant replacement. Funds for this project will be available in Division of Engineering C.P.F. Account #200-401-014. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 30, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise for sealed proposals for the resurfacing of Group #360-B Skillen St., Roesch to Vulcan, as listed in the above communication, with said costs to be charged to Division of Engineering C.P.F. Account #200-401-014. ADOPTED. No. 35 Report of Bids for the Tower Reconstruction and Elevator Rehabilitation of the Ohio Street Lift Bridge Item No. 51, C.C.P. 09/07/93 As authorized and directed by your Honorable Body in Item #51, CCP of 09/07/93, I have advertised and received bids on March 23, 1994 for the Tower Reconstruction & Elevator Rehabilitation of the Ohio Street Lift Bridge. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid 1) Nichter Associates, Inc. $ 97,486 (Low) 2) EE Wallace Constr. Co., Inc. $ 99,095 3) M. Falgiano Constr. Co., Inc. $107,716 I hereby certify that the lowest responsible bidder for the above project is Nichter Associates, Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Fund 200-401-507 in an amount not to exceed $97,486.00, plus approved unit prices not to exceed an additional amount of $2,514.00 for a total award amount of $100,000.00. The engineers estimate for this work is $95,000. The attached is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by May 26, 1994. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Report of Bids New Gymnasium Bleachers and Wainscot at Tosh Collins Center I advertised for on March 15, 1994 and received the following sealed proposals which were publicly opened and read on March 29, 1994. Nichter Associates Inc. $43,895.00 Miller Enterprises, Inc. $47,800.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Associates, Inc. in the amount of $43,895.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-061 - Division of Buildings. Estimate for this work was $50,000.00 REFERRED TO THE COMMITTEE ON FINANCE. No. 37 Report of Bids New Roof Buffalo Historical Society I advertised for on March 1, 1994 and received the following sealed proposals which were publicly opened and read on March 15, 1994. Allweather Roofing Co. $346,172 Jos. A. Sanders, Inc. $358,368 Progressive Roofing $379,500 McGonigle & Hilger Roofing 465,862 Jameson Roofing Co. 474,590 I hereby certify that the foregoing is a true and correct statement of all bids received and that Allweather Roofing Co. in the amount of $346,172.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-020 - Division of Buildings. Estimate for this work was $250,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Report of Bids Reconstruction of Various Pools Item No. 33, C.C.P. 3/22/94 Please be aware that the bond fund in question is for reconstruction of swimming and diving pools. It is the intention of the Division of Buildings to fix, unplug, re-caulk, etc. all the work on spray pools with our in-house staff. We will work with the Parks Department addressing all their spray pool needs. Mr. Pitts moved: That the communication from the Commissioner of Public Works be received and filed; and That Item No. 33, C.C.P. March 22, 1994 be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 39 Change Order # 1 Erie Basin Marina Phase IV Item No. 135 of CCP 12/14/93 I hereby submit to Your Honorable Body the following change in contract for the Erie Basin Marina - Phase IV contract. 1. Originally, installation of an irrigation system was omitted from the contract due to a lack of money in the bond fund. Since then, money to accommodate this work has been identified in Bond Fund Account #200-401-532. This work will not exceed $30,000.00. 2. During construction it was found that the restroom partition and related material would have to be changed and re-designed due to existing conditions not evident in the design stage. This change would amount to an additional cost of $1818.77. 3. During construction it was decided to change door locks so master keys would be supplied for added safety. It was also decided to add new kick plates and door closures to the contract. The additional work will amount to $482.80. Contract Summary Original contract: $266,349.00 Change Order #1: (Irrigation System) $ 30,000.00 (Rest Room Partition) $ 1,818.77 (Door Work) $ 482.80 Total $ 32,301.57 $ 32,301.57 New Contract Amount $298,650.57 Therefore, I respectfully request your Honorable Body to authorize the Commissioner of Public Works to issue the change in contract to Destro Brothers Construction Inc. Funds for this change are available in Bond Fund Account #200-401-088 and Account #200-401-532. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 25, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Destro Brothers Construction Inc., changes resulting in a net increase in the amount of $32,301.57, as more fully described in the above communication, for work relating to Erie Basin Marina Phase IV contract. Funds to be charged to Bond Fund Account #200-401-088 and Account #200-401-532. PASSED. AYES- 13 NOES- 0. No. 40 Change Order -No. 2 City Contract 91699100 Status Monitoring and Control System Modifications I hereby submit to Your Honorable body the following change order with Ferguson Electric Construction Company Inc. for work relating to Status Monitoring and Control System Modifications - Contract No. 3, City Contract No. 91699100. New Work Item No. 3: Furnish conduit as needed to Connect an existing 1" conduit to the Chlorine Building PLC and to Filter Plant PLC and install seventeen (17) #14 insulated wires from one PLC to the other per sketches SK-1, SK-2, and SK-3 dated 12/7/93. Furnish an output module and an input module per SK-4. Provide programming the PLC's and the Filter Plant SCADA system so the sixteen (16) existing Chlorine Building alarm points can appear on a screen in the Filter Plant industrial work station. Increase: $ 7,268.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable SUMMARY: Original Amount of Contract $ 187,000.00 Amount of Change Order No. 1 - Increase $ 2,185.00 Amount of Change Order No. 2 - Increase 7,268.00 Current Amount of Contract $ 196,453.00 Funds in the amount of $ 7,268.00 are available in the Division of Water's 416-Capital Project Fund, 980-029 account. I recommend the above order and it is requested that Your Honorable Body authorize the Commissioner of Public Works to issued a change order as set forth above. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 17, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #2 to Ferguson Electric Construction Company Inc., changes resulting in a net increase in the amount of $7,268.00, as more fully described in the above communication, for work relating to Status Monitoring and Control System Modifications. Contract No. 91689910. Funds to be charged to the Division of Water's 416 - Capital Project Fund, 980-029 account. PASSED. AYES- 13 NOES- 0. No. 41 Reduction in Retention Kleinhans Music Hall Phase I - General Construction is now complete with the exception of change order work/encumbrances. It is respectfully requested that retention be reduced from the current 10% to 2 % for this particular contract: BRD Inc. C-91685100. Mr. Pitts moved: That the communication from the Department of Community Development dated March 28, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to the reduction in retention from 10% to 2% on a contract with BRD Inc., C-91685100 for Kleinhans Music Hall, Symphony Circle, Phase 1, General Construction. PASSED. AYES- 13 NOES- 0. No. 42 Dewey Avenue Bridge Over Conrail PIN 5754.25-BIN 2-26054-0 I hereby request permission from Your Honorable Body to execute all necessary agreements with the New York State Department of Transportation for the replacement of the Dewey Avenue Bridge Over Conrail. The State of New York shall design, prepare bids and provide construction inspection for this project. The project will be funded using Federal Aid HBRR Funds with the federal share being 80% and the Local share being 20%. The estimated cost of this project is $1,290,000 and the estimated city share would be $258,000 Some of the funds for the Local Match are available in Bond Fund Account #200-401-009 and the remainder will be funded with future bond sales. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 21, 1994, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the New York State Department of Transportation for the replacement of the Dewey Avenue Bridge over Conrail, PIN 5745.25 and BIN 2-26054-0 and to commit on behalf of the City of Buffalo to pay $258,000, some of the funds for the Local Match are available in Bond Fund Account #200-401-009 and the remainder will be funded with future bond sales. PASSED. AYES- 13 NOES- 0. No. 43 Hertel Avenue Delaware to Main PIN 5754.43 I hereby request permission from your Honorable Body to execute all necessary agreements with the New York State Department of Transportation for the reconstruction of Hertel Avenue from Delaware to Main Street. The State of New York shall design, prepare bids, and provide construction inspection for this project. The project will be funded using Federal Aid STP Funds with the Federal Share being 80% and the local share being 20%. The estimated cost of this project is $9,900,000 and the city's share would be $1,980,000. Some of the Funds for the local match are available in Bond Fund Account #200-401-009-00-000 and the remainder will be funded with future bond sales. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 21, 1994, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the New York State Department of Transportation for the reconstruction of Hertel Avenue from Delaware to Main Street, PIN 5754.43 and to commit on behalf of the City of Buffalo to pay $1,980,000,' some of the funds for the Local Match are available in Bond Fund Account #200-401-009-00-000 and the remainder will be funded with future bond sales. PASSED. AYES- 13 NOES- 0. No. 44 Thruway Reconstruction Work Item #202, C.C.P. 3/24/94 In regards to the above item, kindly be advised that a meeting was held in my office on Wednesday, March 23, 1994 with various Council members, representatives of the New York State Thruway Authority and various affected downtown organizations. All issues were addressed and future modifications are presently being prepared by the Thruway Authority, the Sabres Organization and the Bisons Organization which will be placed in the Buffalo News. In conclusion, my Department will continue to monitor both Thruway projects and will address concerns as they arise. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 45 Certificate of Appointment Appointment effective 3/30/94 in the Department of Public Works, Division of Engineering, Claudia Zona, 58 Cochrane, Buffalo, NY, 14206, to the position of Accountant, Provisional at the Maximum starting salary of $ 29,990. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 46 Certificate of Appointment Appointment effective March 28,1994 in the Department of Parks, Division of Recreation, Jacqueline Gonser, 159 Norwalk, Buffalo 14216, to the position of Supervisor of Recreational Activities, Temporary, at the Maximum starting salary of $29,269. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 47 Appointments Of Deputy Police Commissioners This is to notify your Honorable Body, as a matter of record, that I have appointed the following individuals to serve in the capacity as Deputy Police Commissioner: John R. Battle 326 Commonwealth Avenue Buffalo, New York 14216 Effective Date of Appointment: 03-28-94 Salary: $71,581.00 Lawrence R. Bayerl 247 Longnecker Avenue Buffalo, New York 14206 Effective Date of Appointment: 10-01-92 (Retained position) Salary: $71,581.00 Rocco J. Diina 319 Woodbridge Avenue Buffalo, New York 14214 Effective Date of Appointment: 02-14-94 Salary: $71,581.00 These individuals are duly qualified for the position of Deputy Police Commissioner. RECEIVED AND FILED. No. 48 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: 1977 Dodge M880 Truck, Vehicle ID W24BE7S214484, and a 1976 Dodge M882, Vehicle ID W24BE6S275006. 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 Department of Police, dated March 18, 1994, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept two vehicles at no cost to the city, as more fully described in the above communication, donated by the Defense Logistics Agency of the United States Government. PASSED. AYES- 13 NOES- 0. FROM THE CORPORATION COUNSEL No. 49 Trust & Agency Account Checks Received Opinion No. 94-36 Item No. 48, C.C.P., 3/8/94 Item No. 29, C.C.P., 1/5/88 Item No. 104, C.C.P., 2/2/88 Your Honorable Body has referred the matter involving the Creation of a Trust & Agency Account for use by the Buffalo Police Department. The Buffalo Police Department accepted the funds in question from the U.S. Department of Justice. The Justice Department acquired these funds from monies seized in numerous narcotics arrests made by the Drug Enforcement Administration. Pursuant to 28 USCA, Section 524, the Attorney General can share said funds with local law enforcement agencies. The use of these funds should be for equipment to further local law enforcement efforts. The Justice Department publishes guidelines on how to handle such funds. The money is not to be co-mingled with the Police Departments allotted budget. It should be considered a supplement, not a substitute, for the Department's regular budget allocation. Under such circumstances, the creation of a Trust and Agency account reasonably and responsibly deals with the funds, and successfully segregates it from allocated Police Department funds. Please advise if this office can offer any further assistance. REFERRED TO THE COMMITTEE ON FINANCE. No. 50 Memorandum of Understanding For The Use of Former War Memorial Stadium Facility Enclosed please find a revised copy of the M.O.U. in connection with the above captioned for your review and comments. Thank you for your courtesy in this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Certificate of Appointment Appointment effective March 93 1994 in the Department of Law Patricia A. Pancoe, 151 Huntley Road, Buffalo, NY 14214, to the Position of Assistant Corporation Counsel, at the Maximum Starting Salary of $ 53,811. Mr. Pitts moved: That the Certificate of Appointment of Patricia A. Pancoe of 151 Huntley Road, Buffalo, New York be and hereby is approved at the maximum salary of $53,811. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 52 Representative Design Review Task Force (Item No. 179, C.C.P., 03/08/94) In response to the above resolution, I am recommending Daniel E. Kreuz, P.E., as the staff designee to represent the Division of Development on the newly created Design Review Task Force. RECEIVED AND FILED. No. 53 Representative Design Review Task Force Item No. 179, C.C.P., 3/8/94 Please be advised that Mr. Mark Tytka, Deputy Director of Planning, and Mr. James Mandell, Project Coordinator, will serve as the Division's representatives on the above-referenced task force. Both can be contacted at the following address: Division of Planning , 901 City Hall, Buffalo, New York 14202 RECEIVED AND FILED. No. 54 Representative Design Review Task Force Item No. 179, C.C.P., 3/8/94 Please be advised that the Main Street Initiatives Commission (MSIC) is currently inactive. This Commission will be reactivated in the near future. In the interim, Mr. David DiSalvo, Project Coordinator, Division of Planning, will serve as the MSIC's representative on the City-Wide Design Review Task Force. Mr. DiSalvo can be contacted at the following address: Division of Planning 901 City Hall Buffalo, New cork 14202 851-4057 RECEIVED AND FILED. No. 55 Negative E.I.S Delaware Park Ring Road Path A Negative Declaration for the above-referenced project is hereby filed with the Common Council in accordance with Section 617.10(a)(2) of the New York State Environmental Quality Review Act. If you should have any questions, please contact Gregory Bernas at extension 5083. RECEIVED AND FILED. No. 56 Permission to Receive Bids Division of Development I respectfully request permission of Your Honorable Body to prepare plans and specification and receive bids for the following projects: Improvements to Lang-Weber Field - 200-717-072 $150,000 Improvements to Dawson Park - 200-717-075 $ 80,000 Funds for the above projects will be available in the Capital Project Accounts as specified. Mr. Pitts moved: That the communication from the Department of Community Development, dated March 22, 1994, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to solicit and receive bids for the projects listed in the above communication. ADOPTED. No. 57 Request for Permission To Receive Bids Various Parks/Playgrounds I am requesting permission to solicit and receive bids for the following projects: Improvements to Masten District Parks - $71,000 - 200-717-075 Improvements parks/playgrounds - $200,000 - 200-717-049 Imprvmts Ellicott Dist Parks/Playgrounds $75,000 200-717-081 Shoshone Park bathrooms $50,000- 200-717-023 Cazenovia Park improvements - $125,000 - 200-717-051 South District Parks - $225,000 - 200-601-039 We anticipate the design and construction of these projects during the 1994-1995 construction season. Mr. Pitts moved: That the communication from the Department of Community Development, dated March 21, 1993, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to solicit and receive bids for the projects listed in the above communication. ADOPTED. No. 58 Report of Informal Bids Towne Gardens Plaza Street Trees The Department of Community Development requested-and received the following informal proposals to plant 20 trees at the Towne Gardens Plaza in the William Street and Jefferson Avenue tree lawns: BIDDER AMOUNT OF BID Gleason's Nursery, Inc. 4780 Sheridan Drive $2,500 Williamsville, New York 14221 Village Green Landscape Design & Contracting, Inc. P.O. Box 522 $2,520 Hamburg, New York 14075 Birch Grove Landscaping & Nursery, Inc. P.O. Box 117 $3,240 East Aurora, New York 14052 The Davey Tree Expert Co. 1200 - Commerce Parkway $3,671 Lancaster, New York 14086 Pine Ridge Nursery, Inc. P.O. Box 141 7135 Davis Road No Bid West Falls, New York 14170 The foregoing is a true and correct abstract of all bids received and Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, New York 14221 is the lowest responsible bidder in the amount of $2,500.- Funds for this work are available in Community Development Capital Project Account 200-717-010. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Gleason's Nursery, Inc. in the amount of $2,500. Mr. Pitts moved: That the communication from the Department of Public Works, dated March 29, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Planting twenty trees at the Towne Gardens Plaza in the William Street and Jefferson Avenue tree lawns to Gleason's Nursery Inc., the lowest responsible bidder in the amount of $2,500, with said costs available in Community Development Capital Project Account 200-717-010. PASSED. AYES- 13 NOES- 0. No. 59 Bond Res. - $120,000 - Monuments Item #172 CCP March 22, 1994 The reason why recently refurbished sculpture monuments are showing signs of slight oxidation or "greening" is because there is no maintenance schedule in place to conserve the work already done. For example, the conservators who were contracted to clean the presidential statues at City Hall in 1991 (Daedelus Inc.) recommended a yearly wash and wax treatment. They provided this service free of charge in 1992 during a convention visit to Buffalo but further maintenance was not scheduled. Please see the attached maintenance schedule provided by the conservator. The Buffalo Arts Commission will implement a multi-year plan to survey, conserve and maintain all city owned public art in cooperation with other city departments and private funding sources. The Arts Commission will be deeply committed to preserving Buffalo's work-of art for the enjoyment and edification of all our citizens. We will keep the Council informed of our progress. Thank you for your time and attention. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 60 Status of Court-Franklin Resolution #149, C.C.P. 11/3/93 Please be advised that regarding the status of the $400,000 that was paid back by Clement Chen III, said money was part of the estimated revenues (program income) anticipated and included in the approved nineteenth (19th) year CDBG program. As in the prior years of the CDBG program, the above mentioned funds, whether paid back by Clement Chen III or the designated developer, are anticipated program income that are reflected in the particular CDBG program year said activity is anticipated. Generally, the bulk of the disposition proceeds are used to re-imburse the City from the CDBG program/and program income for staff salaries of various departments involved with the administration/program delivery of the CDBG program. In regards to the future use of the property, any redevelopment by the Chen Group must be consistent with the Downtown Renewal Phase II Urban Renewal Plan. On 12/23/93, BURA redesignated the Court-Tower Group as redeveloper of the property at the Southeast corner of Court and Franklin Streets for a period of six months. The redeveloper proposes to construct an eight-story 150,000 square foot office building. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 61 Section 108 Loan - Market Arcade Cinema Permission is requested of your Honorable Body to utilize a $2,840,000 Community Development Block Grant Section 108 Guaranteed Loan, subject to U.S. Department of Housing and Urban Development review and approval, for the following activity to be undertaken by the Buffalo Enterprise Development Corporation, as program administrator. 1) $2,840,000 loan, 20 year term, for the Market Arcade Cinema. 2) The purpose of the request is to finance the $2,840,000 Section 108 Loan which matures in August, 1994. 3) The interest rate assessed will be at the prevailing Section 108 rate on the following conditions: - a first mortgage lien on the subject premises for the benefit of BEDC and the City. - approval of such loan by the BEDC Loan Committee. - authorization by the BEDC Board of Directors to submit the Section 108 loan application to the Federal grantor. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 62 Downtown Entertainment District-Phase I 610 Main & 421 Pearl Street Approval of Addendum to Amended Contract City Centre Development Company of Buffalo L.P. On June 10, 1990, C.C.P., No. 198, the Common Council of the City of Buffalo approved an Amended Contract for Sale of Land for Private Redevelopment by and between the City of Buffalo Urban Renewal Agency and City Centre Development Company of Buffalo Limited Partnership. The Agency has also determined that the proposed Addendum to Amended Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Addendum to the Amended Land Disposition Agreement 4. Proposed Addendum to the Amended Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 63 Representative Design Review Task Force This is in response to your recent request dated March 9, 1994 regarding the Design Review Task Force. Please be advised the named representative from this department to serve on this task force will be Building Inspector James Kleinsmith. If you need any additional information regarding this matter please feel free to contact my office at 851-4945. RECEIVED AND FILED. No. 64 Transfer Of Title- Urban Homestead Program 292 Bissell Street Lot Size - 30'x 115' The Department of Inspections and Community Revitalization has surveyed the city-owned lot at 292 Bissell Street; lot size 30' x 115'; and it has been determined that the parcel of land is inappropriate for neither construction of new housing nor the construction of public recreation facilities. Rhonda J. Dixon, 290 Bissell Street indicated that she will clean, improve, and maintain the lot in the event that she obtain(s) title to the property under the Urban Homestead Program. A letter was sent to: Percy L. Jones, the other adjacent property owner, giving him until February, 1994 to express interest in obtaining 292 Bissell Street under the Urban Homestead Program. We have received no response(s). We, therefore, recommend that the city-owned vacant lot be designated as a homestead property and be transferred to Rhonda J. Dixon of 290 Bissell Street on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated March 22, 1994, be received and filed; and That the City-owned property commonly known as 292 Bissell Street is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Rhonda J. Dixon on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. PASSED. AYES- 13 NOES- 0. No. 65 Transfer of Title, Urban Homestead Program 291 Guilford Street 30'x 121' The Department of Inspections and Community Revitalization has surveyed the city-owned lot at 291 Guilford Street; lot size 30? x 121'; and it has been determined that the parcel of lot size 30' x 121'; and it has been determined that the parcel of land is inappropriate for neither construction of new housing nor the construction of public recreation facilities. Betty Booker Johnson, 289 Guilford Street indicated that she will clean, improve, and maintain the lot in the event that she obtain(s) title to the property under the Urban Homestead Program. A letter was sent to: Maxine Kearney, the other adjacent property owner(s), giving them until February, 1994 to express interest in obtaining 291 Guilford Street under the Urban Homestead Program. We have received no response. We, therefore, recommend that the city-owned vacant lot be designated as a homestead property and be transferred to Betty Booker Johnson, 289 Guilford Street on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated March 22, 1994, be received and filed; and That the City-owned property commonly known as 291 Guilford Street is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Betty Booker Johnson on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. PASSED. AYES- 13 NOES- 0. No. 66 Report of Pre-Demolition Asbestos Removal for 499 Winslow Avenue Item No. 66, CCP 3/8/94 In response to your request on March 11, 1994 for additional information in the above-stated CCP dated March 8, 1994, the contract for the pre-demolition asbestos removal will be awarded to Zeon Corporation in the amount of $3,200.00. The precautions to be taken will be as outlined in New York State Rule No. 56 for asbestos removal. The dump site will be a sanitary landfill approved by the Solid Waste Department of State DEC. RECEIVED AND FILED. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 67 Appointment Director of Labor Relations I hereby appoint Daniel J. Farberman to the position of Director of Labor Relations in the Department of Administration & Finance. Mr. Farberman resides at 261 Katherine St., Buffalo, New York 14202 and his salary will be $50,131. Mr. Farberman's experience at addressing complex collective bargaining and human resource issues, while operating in a competitive environment requiring constant re-engineering and quality improvement, should prove invaluable to the City and its employees over the next few years. RECEIVED AND FILED. FROM THE COMMISSIONER OF GENERAL SERVICES No. 68 Appointment of Director of Inventory & Stores I, Alberto J. del Valle, appoint Ronald A. Carnevale to the position of Director of Inventory & Stores, effective March 21, 1994. Mr. Carnevale resides at 572 Richmond Avenue, Buffalo, New York 14222. His starting salary is $49,183. Mr. Carnevale replaces Frank Faber. RECEIVED AND FILED. No. 69 Alternatives To Performance Bonds Item No. 207, C.C.P. 10/19/93 The Commissioner of General Services recommends the following amendment to the Charter and Code of the City of Buffalo as follows: Chapter 96-7, Alternatives to performance bonds. A. Where the cost for the purchase of materials, supplies or equipment does not exceed one hundred thousand dollars ($100,000.), the head of the city agency charged with the execution of the contract, [Add: upon the recommendation of the Commissioner of General Services] may, [Delete: in his discretion] waive the requirement of a performance bond and [Add: may, at his/her discretion] authorize instead the submission of a certified check, bank draft or letter of credit in the amount of fifty percent (50%) of said cost. Where the cost of such purchase exceeds one hundred thousand dollars ($100,000.), the Common Council may, upon the recommendation of the head of the city agency charged with the execution of the contract, waive the requirement of a performance bond and authorize instead the submission of a bank draft, certified check or letter of credit in the amount of fifty percent (50%) of said cost. B. [Delete Entire Section] The proposed amendment should be forwarded to the Corporation Counsel for approval prior to a final vote. The proposed amendment will automatically raise the cap to $100,000 and provide for discretion in applying the requirements of a Performance Bond when the City or it's agencies feels it is necessary to enforce completion of a contract. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CIVIL SERVICE COMMISSION No. 70 Public Hearing of 5/4/94 Reclassify Position Of Asst. Corporation Counsel Notification Regarding Public Hearing to reclassify the position of Assistant Corporation Counsel (Municipal Attorney) in the Non-Competitive Class was sent to: Office of the City Clerk 1308 City Hall Buffalo, NY 14202 Rosemary LoTempio Councilmember 1412 City Hall Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 71 Notice of Hearing Property Tax Incentives in the Economic Development Zones (Item No. 193, C.C.P., March 22, 1994) I hereby inform you that a public hearing has been scheduled to be held before the Common Council at its Regular Meeting on Tuesday, April 5, 1994, at 2:00 P.M. in the Council Chamber. The notice of said hearing was published in the Buffalo News on Friday, March 25, 1994, and a copy of that publication is attached hereto. RECEIVED AND FILED. No. 72 Take From the Table Property Tax Incentives in the Economic Development Zones (Item No. 193, C.C.P. March 22, 1994) Mr. Pitts moved that the above item, the subject of a hearing scheduled for this day before the Common Council, is hereby taken from the table, and is now before the Common Council for its consideration. Seconded by Mr. Coppola. ADOPTED. No. 73 Hearing Property Tax Incentives in the Economic Development Zones (Item No. 193, C.C.P. March 22, 1994) Mr. Pitts moved that the above item is properly before the Common Council and the hearing be opened. CARRIED. Mr. Pitts moved that the hearing be closed. CARRIED. Mr. Pitts moved that: Whereas, after holding the required public hearing, regarding tax exemptions for an Economic Development Zone, expected to be established within the City of Buffalo; and Whereas, the public was afforded an opportunity to present their views, Now Therefore Be It Resolved, that Item No. 193, C.C.P., March 22, 1994, the resolution regarding certain tax exemptions to be provided in the event such an Economic Development Zone is designated within the City of Buffalo, be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 74 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Fire Dept. - Richard A. Campanile Human Resources Dept. - Jackie Biellak, Michele Haskins, Christa Hodge, Lauire McHenry RECEIVED AND FILED. No. 75 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 852 Main St. Clancy's Pub Bill Hardick 1197 Hertel Angelo Tenebra 101 Theater Pl. S.P.B. Rest. Inc. 61 Allen Bread Crumbs Kenneth Pratt 1122 Hertel Frank Lojacono 1111 Fuhrmann Small Boat Harbor Rest. Canteen Corp. 4-6 Grimes Gators Cheryl Zielinski 86 Ledger St. Goodfellows Albert Digiulio 328 Fillmore Rosemarie Dycha 1305 Bailey Crissy's James O'Mara REFERRED TO THE COMMISSIONER OF INSPECTIONS & COMMUNITY REVITALIZATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 76 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works-Susan Bakewell, Charles Berthiaume, Parks- Jacqueline Gonser RECEIVED AND FILED. No. 77 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics City Planning Board RECEIVED AND FILED. No. 78 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective March 23, 1994 in the Department of Common Council, Monique V. Williams, 31 Spiess St., Buffalo, 14211, to the position of Intern III, Seasonal at the Flat starting salary of $ 5.00 hr. Appointment effective March 24, 1994 in the Department of Common Council, Richard W. Keith, 16 North Parade Ave., Buffalo New York 14211, to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00 hr. Appointment effective March 21, 1994 in the Department of Common Council, Joseph Golombek, 51 Wyandotte St., Buffalo, New York 14207, to the position of Intern IV, Seasonal, at the Flat starting salary of $ 6.00 hr. Appointment effective March 24, 1994 in the Department of Common Council, Dianna D. Henderson, 36 Nash St., Buffalo, NY 14204, to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 hr. No. 79 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective March 23, 1994 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Dennis A. MacMillan, 217 Rebecca Park, Buffalo, 14207, to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. Appointment effective March 25, 1994 in the Department of Stadium & Auditorium Division of Memorial Auditorium Edward Tooles, 26 Rose St., Buffalo, 14204, to the position of Laborer I, Seasonal at the Flat starting salary of $6.22 hr. DEPARTMENT OF PUBLIC WORKS Appointment effective 3/23/94 in the Department of Public Works Division of Engineering, Anthony Szary, 1290 E. Lovejoy St., Buffalo, NY 14206, to the position of Bridge Operating Engineer, Seasonal, at the Flat starting salary of $7.30 hr. Appointment effective 3/28/94 in the Department of Public Works Division of Engineering, to the position of Bridge Operating Engineer, Seasonal, at the Flat starting salary of $7.30 hr. Romero Gossom, 426 East Ferry Street, Buffalo, NY 14208 Joseph Masi, 907 Niagara Street, Buffalo, NY 14213 William Patterson, 116 South Street, Buffalo, NY 14204 DEPARTMENT OF POLICE Appointment effective March 25, 1994 in the Department of Police, Linda Vitaris, 171 Whitney Avenue, Buffalo 14201, to the position of Civilian School Crossing Guard TSAR, Seasonal, at the Minimum starting salary of $ 5.71 hr. Appointment effective March 28, 1994 in the Department of Police, Veronica Szymkowiak, 60 South Street, Buffalo 14204, to the position of Civilian School Crossing Guard TSAR, Seasonal, at the Minimum starting salary of $5.71 hr. DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective March 24, 1994 in the Department of Administration and Finance, Division of Parking Enforcement Lawrence Charles III, 145 Hastings, Buffalo 14215, to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22/hr. DEPARTMENT OF HUMAN RESOURCES Appointment effective March 17, 1994 in the Department of Human Resources, Division of Youth, Kevin B Wiles, 35 Lorraine, Buffalo 14220, to the position of Attendant, Temporary, at the Flat starting salary of $4.42/hr. Appointment effective March 21, 1994 in the Department of Human Resources, Division of Youth, Clifton W Brown, 32 Dignity Circle, Buffalo 14211, to the position of Attendant, Temporary, at the Flat starting salary of $4.42 hr. DEPARTMENT OF GENERAL SERVICES Appointment effective March 24, 1994 in the Department of General Services, Division of Inventory & Stores, Paul L. Desiderio, 70 Hayden St., Buffalo, 14210, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92/Hr. No. 80 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT & CONTROL Appointment effective March 23, 1994 in the Department of Audit and Control, Division of Accounting, Frank M. Panaro, 776 Richmond Avenue, Buffalo 14222 to the position of Junior Data Control Clerk, Temporary, at the Minimum starting salary of $19,656. DEPARTMENT OF PUBLIC WORKS Appointment effective 3/22/94 in the Department of Public Works, Division of Engineering, Charles A. Masi, 30 Larchmont Rd., Buffalo, NY 14214, to the position of Administrator, Temporary, at the Flat starting salary of $43,102. DEPARTMENT OF POLICE Appointment effective March 25, 1994 in the Department of Police William J Mullen, 30 Dundee Street, Buffalo 14220, to the position of Police Inspector, Permanent Contingent, at the Flat starting salary of $ 56,868. Appointment effective January 10, 1994 in the Department of Police, David F Mann Jr., 643 Fulton Street, Buffalo 14210, to the position of Police Lieutenant, Permanent Contingent, at the Flat starting salary of $45,107. DEPARTMENT OF FIRE Appointment effective 3/28/93 in the Department of Fire, John L. Meyers, 1354 East Main St., East Aurora, NY 14052 to the position of Assistant Fire Alarm Dispatcher, Permanent at the Maximum starting salary of $40,531. DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION Appointment effective 3/25/94 in the Department of Inspections & Community Revitalization, Robert J. Sienkiewicz, 808 Fillmore Buffalo, New York 14212, to the position of Director, Mayor's Task Force on Housing, at the Flat starting salary of $34,693. DEPARTMENT OF HUMAN RESOURCES Appointment effective March 24, 1994 in the Department of Human Resources, Division of Substance Abuse Services, Sharon M. Loubert, 906 Prospect Avenue, Buffalo 14213 to the position of Fiscal Supervisor, Provisional, at the Minimum starting salary of $26,410 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 81 BUFFALO SOFTBALL LEAGUE Annual Audit Report Attached please find the Financial Statements of the Buffalo Softball League Inc. for the year ending November 30, 1993. This report is provided to comply with Chapter 309, Section 309 - 35 of the Ordinances of the City of Buffalo. RECEIVED AND FILED. No. 82 JAY BURNEY Complaint of NEWS Not Having Cable Listings Recently, the Buffalo News decided to drop television listings for access channels in WNY. Although we are still creating access television in Buffalo, and many problems remain, it is important to let the community know what is on the air and when it is on. Enclosed you will find my letter to the news regarding this issue. I hope that this information is valuable for you. If you have the opportunity to address this issue I would encourage you to do so. If you can contact the news about your views, even better. Please feel free to telephone me if you have any questions. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 83 CITY MISSION Delay Demolition of 472 Sycamore Property at 472 Sycamore was donated to City Mission in September 1992. Upon checking the property, we found they had started to demolish it. We have a need for this building and we are requesting that you delay the demolition until all the circumstances are worked out. Please put this on the docket for your April 5th meeting. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF INSPECTIONS & COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 84 COMMUNITY SPRINGBOARD, INC. Offer To Purchase 1415 Fillmore This letter is in regard to property at 1415 Fillmore Avenue and the adjacent land, listed as city property. Community Springboard, Inc. a community based not for profit organization serving Buffalo's youth is interested in this property for use as off tee, recreational, and tutorial space; with the adjacent land for a play area. We will appreciate whatever can be done through your office to obtain this property. We know our program will be a great asset to this neighborhood. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 85 FRIENDS OF OLMSTED PARKS Appoint Representative To Design Review Task Force Thank you for your recent invitation to sit on the recently created City-Wide Design Review Task Force which was created by the Common Council. Our Board of Directors have asked me to represent the organization on this Task Force. From time-to-time one of our interested Board members may also participate. Please let me know when the first meeting will take place. Again, thank you for the invitation. RECEIVED AND FILED. No. 86 GARY J. METZGER Refund Filing Fee For Use Permit I recently submitted an application for a Coastal Permit (permit application no. 221472) on March 17, 1994. I was informed that the aforementioned Coastal Permit required prior Common Counsel approval. In connection therewith, I submitted my application for the coastal permit and remitted the requisite filing fee of $275.00. Through my attorneys, I was later informed that the Common Counsel review process was not required and accordingly, my application for Common Counsel approval was subsequently withdrawn. Unfortunately, my check had already been deposited. Therefore, I hereby respectfully request a return of my Common Counsel approval fee of $275.00. Please make the check payable to Gary J. Metzger and forward the check to 235 River Road, North Tonawanda, New York 14120 at your earliest convenience. I appreciate your prompt cooperation in this matter. If you have any questions, please feel free to contact me at 692-1053. Mr. Pitts moved: That the communication of G. Metzger dated March 24, 1994 be received and filed; and That the amount of $275.000 be refunded to Mr. Metzger, for a filing fee application submitted to this Common Council, in error; and That the Comptroller be authorized to forward a check in the amount of $275.00 for Mr. Metzger at 235 River Road, North Tonawanda, NY 14120. PASSED. AYES- 13 NOES- 0. No. 87 CARL PALADINO Resignation From Bd. of Parking I presently serve on an inordinate number of charitable, institutional and civic boards. I believe in term limits. A good effective board needs fresh ideas and objectivity is lost with longevity. I have served as a member of the Buffalo Parking Board for many years, during which the Board has significantly improved municipal parking services in the community. It is now time for me to focus my time on other activities to which I can contribute in an informed and objective sense. For that reason, I hereby submit to you my resignation as a member of the City of Buffalo Parking Board to be effective immediately. Thank you for your attention to the above. RECEIVED AND FILED. No. 88 SUNYAB Appoint Representative To Design Task Force Thank you for your letter of March 10 regarding the formation of a "Task Force to Study City-Wide Design Review." I should like to serve on that task force, as I have the experience in this area which I believe will be most useful to the City. I look forward to hearing from you. RECEIVED AND FILED. No. 89 W. S. BUSINESSMEN'S ASSN. Representative To Design Review Task Force In response to your letter March 10, 1994 the Review Board has Selected a representative to serve on the Design Review Task Force. Our selection is: Paul D. Murphy G & L Wallpaper & Paint Co. 200 Grant Street Buffalo, New York 14213-1606 886-7000 Thank You for the opportunity to be a part of this new venture. RECEIVED AND FILED. No. 90 WGRZ-TV Waiver Permit Fees For Rehab Of 30 Cottage The "2 Your Home" show is now less than four weeks away from its first air date of April 24. In developing this half-hour, local home improvement show, WGRZ has chosen a house in the Allentown neighborhood of Buffalo for renovation. Four weeks ago the council approved the donation of this property, located on 30 Cottage, to WGRZ. We thank you for all your efforts on our behalf to make this program, working in cooperation with the city's Urban Homesteading program, a success. The next step is the granting of the permits so the actual work on the house can start. As you know, WGRZ will give the house away to the Lower West Side Development Organization who will bring a needy family into the home. All materials and labor is being donated for this project. Hence there are no real dollar costs involved in the rehab process. In keeping with the spirit of the program, all parties involved felt that it is important, that the fees for the permits be waived. l would like to request a late file on the waiver of the permit fees for this afternoons' council meeting. RECEIVED AND FILED. PETITIONS No. 91 Angelo Tenebra, owner, petition to use 1199 Hertel to convert existing retail store into a take out restaurant with two (2) apartments on second floor. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 92 Daniel Mele, owner, petition to use 1504 Hertel for out door patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 93 Petroleum Sales, owner, petition to use 650 Tonawanda Street for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 94 M. Wolasz, purchaser, petition to use 211 Porter Avenue to erect a take-out restaurant with patio REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. Report of Regular Committees Civil Service Hon. Rosemarie LoTempio Chairman No. 95 Salary Ordinance Amendment 01-0 Common Council 001 - Legislative (Item No. 185, C.C.P., Mar. 22, 1994) That the Salary Ordinance Amendment as contained in Item No. 185, C.C.P., March 22, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES-0. No. 96 Salary Ordinance Amendment 09 Department of Assessment (Item No. 186, C.C.P., Mar. 22, 1994) That the Salary Ordinance Amendment as contained in Item No. 186, C.C.P., March 22, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 97 Salary Ordinance Amendment 50-0 Department of Human Resources (Item No. 187, C.C.P., Mar. 22, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio moved: That the Salary Ordinance Amendment as contained in Item No. 187, C.C.P., March 22, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 98 Appointment Parks/City Forester That Communication No 47 Mar 8, 1994 be received and filed and the Provisional appointment of Joseph Staszczyk stated above at the Intermediate salary $36, 687.00 effective on Feb. 28, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 99 Appointment Audit & Control/Stenographer That Communication No. 23 Mar. 22,1994 be received and filed and the Permanent appointment of Joanne F. Mytnik stated above at the Intermediate salary $20,205.00 effective on Mar. 4, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 100 Appointment Audit & Control/Data Processing Equipment operator That Communication No. 24 Mar. 22, 1994 be received and filed and the Temporary appointment of Janet Sanfilippo stated above at the Intermediate salary $22,788.00 effective on Mar. 14, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 101 Appointment Assistant Corporation Counsel (Max) (Item # 58 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 Appointment Administration & Finance/Management Analyst That Communication No. 74 March 22, 1994 be received and filed and the Temporary appointment of Susan E. Thomas stated above at the Maximum salary $37,552.00 effective on Mar. 15, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 103 Notices of Appointment - Seasonal (Item # 82 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Notices of Appointments - Prov./Perm./Temp (Item # 83 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Finance David Collins Chairman No. 105 Second Quarter Gap Project (A&F) (Item # 53 CCP Feb. 8,1994) That the above mentioned Item be and the same is hereby referred to the Mayor's Budget Committee. ADOPTED. No. 106 Second Quarter Financial Reports (Compt) (Item # 17 CCP Feb. 22, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor's Budget Committee. ADOPTED. No. 107 Naming Rights - Lafayette Rink (Parks) (Item # 46 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Naming Rights - Lafayette Rink (CC) (Item # 56 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Transfer of Funds Exempt Items - Division of Buildings (Item No. 166, C.C.P., Mar. 22, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, the sum of $2, 140 be and the same is hereby transferred from the Planning for Capital Improvements account, said sum is hereby reappropriated as set forth in the above item. PASSED. AYES- 13 NOES- 0. No. 110 Transfer of Funds Division of Real Estate - In Rem (Item No. 168, C.C.P., Mar. 22, 1994) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, the sum of $6,000 be and the same is hereby transferred from the Division of Real Estate - Real Estate Management, said sum is hereby reappropriated as set forth in the above item. PASSED. AYES- 13 NOES- 0. No. 111 Transfer of Funds Division of Engineering - Lighting of Streets (Item No. 169, C.C.P., Mar. 22, 1994) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, the sum of $20,000 be and the same is hereby transferred from the Division of Engineering, Lighting of Streets, Electric, Light and Power, said sum is hereby reappropriated as set forth in the above item. PASSED. AYES- 13 NOES- 0. No. 112 Transfer of Funds Water - Capital Projects Account Reserve (Item No. 170, C.C.P., Mar. 22, 1994) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, the sum of $300,000 be and the same is hereby transferred from the Capital Projects Account Reserve in Appropriation Allotments - Exempt Items, said sum is hereby reappropriated as set forth in the above item. PASSED. AYES- 13 NOES- 0. No. 113 Encroachment - Butler Mitchell Playground (Item No. 39, C.C.P., Mar. 22, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to grant the Department of Community Development, who will be administering the construction of the Butler Mitchell Community Built Playground on Massachusetts Avenue permission to install a metal picket fence which will encroach a maximum of six (6) feet into the public right-of-way on Massachusetts Avenue, subject to the following conditions. 1. That the applicant will construct a new, five (5) foot wide concrete sidewalk, according to the City of Buffalo specifications across the entire frontage of the proposed project. The northerly edge of the new sidewalk will be a maximum distance of seven (7) feet south of the northerly property line of Massachusetts Avenue. 2. That the one (1) foot wide strip between the new fence and the new sidewalk shall be filled in with concrete and trowled smooth. PASSED. AYES- 13 NOES- 0. No. 114 Eliminate Performance Bond Requirements (CC) (# 53 11/3) (Item # 151 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Eliminate Performance Bond Requirements (GS)(#70 11/3) (Item # 152 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Review Outstanding Debt - Claims Process (Compt) (Item # 20 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Opinion - Review of Outstanding Debt (CC) (Item # 53 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Grant Award - Tree Planting (Parks) (Item # 42 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Receive Bids - Street Tree Planting - Spring 1994 (Item No. 61, C.C.P., Mar. 22, 1994) That the Commissioner of Community Development be, and he hereby is, authorized to prepare plans and specifications and to receive bids for Street Tree Planting, Spring 1994. Funds for this project are available in Trust & Agency 620-601-27 1-00000. PASSED. AYES- 13 NOES- 0. No. 120 Report of Bids - Street Tree Planting (Item No. 62, C.C.P., Mar. 22, 1994) That the Commissioner of Community Development be, and he hereby is, authorized to award the contract for Street Tree Planting, Spring 1994 to Gleason's Nursery, Inc., the lowest responsible bidder, in the amount of $38,520. Funds for this work are available in Trust & Agency 620-601-271-00000. PASSED. AYES- 13 NOES- 0. No. 121 Report of Bids - Gleasner Playground Improvements (Item No. 63, C.C.P., Mar. 22, 1994) That the Commissioner of Community Development be, and he hereby is, authorized to award the contract for Gleasner Playground Improvements to Williams Trucking, the lowest responsible bidder, in the amount of $68,460. Funds for this work are available in a Masten District Parks and Playground Bond Account. PASSED. AYES- 13 NOES- 0. No. 122 Report of Bids - Construction of Sidewalks - 1994 (Item No. 32, C.C.P., Mar. 22, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to award the contract for the construction of sidewalks 1994 to Cemulini-Pecoraro Construction, Corp., the lowest responsible bidder, in the amount of $386,550.00 plus approved unit prices not to exceed an additional amount of $13,250.00 for a total award of $400,000.00. Funds for this work are available in account #200-401-507-00-000. PASSED. AYES- 13 NOES- 0. No. 123 Report of Bids - Reconstruction of Pools - 1994 (Item No. 33, C.C.P., Mar. 22, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to award the contract for the Reconstruction of Pools at Various Locations - 1994 for general construction work to Gerald T. Stay Co., in the amount of $187,000 for plumbing work to NuMarco Inc., in the amount of $66,500, for electrical work to Weydman Electric Inc., in the amount of $7,148, the lowest responsible bidders. Funds for this project are available in account #200-402-063. PASSED. AYES- 13 NOES- 0. No. 124 Change Contract Painting of Street Light Standards 1993-94 (Item No. 34, C.C.P., Mar. 22, 1994) That the Commissioner of Public Works be, and he hereby is, to issue a change order #1 to E & M Star Painting, Inc., changes resulting in a net increase in the amount of $12, 193.76, as more fully described in the above communication, for work relating to Painting of Street Light Standards 1993-94 Contract 91745500. Funds to be charged to Bond Account 200-401-507-00-000. PASSED. AYES- 13 NOES- 0. No. 125 Change in Contract Masonry Reconstruction- Carnevale Center (Item No. 35, C.C.P., Mar. 22, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Nichter Construction, changes resulting in a net increase in the amount of $44,966.69 as more fully described in the above communication, for work relating to Masonry Reconstruction, Carnevale Center, Contract C -91720300 Funds to be charged to B/F 200-402-085 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 126 Change Contract General Construction Work - Kleinhans Music Hall (Item No. 36, C.C.P., Mar. 22, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #5 to BRD, Inc., changes resulting in a net increase in the amount of $2,590.55, as more fully described in the above communication, for work relating to General Construction Work, Kleinhans Music Hall-Phase I, Contract C-91685100. Funds to be charged to B/F 200-402-068 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 127 Union Ship Canal Project (EMC) (Item # 5 CCP Feb. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Union Ship Canal Project (CC) (Item # 42 CCP Feb. 8,1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Horizons - Union Ship Canal Project (Item # 69 CCP Feb. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Forgive Parking, Towing and Storage Fines for Christine Edwards, 728 Humboldt Parkway (Item No. 168, C.C.P., Feb. 8, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the above item be and the same is hereby received and filed. ADOPTED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. No. 131 Forgive Parking Fines (CC) (Item # 55 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Forgive Parking Fines (A&F) (Item # 68 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 J. Marchitte - Forgive Grass Cutting Charges (Item # 88 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. No. 134 Forgive Grass Cutting Charges - 81 Maryland St. (Assmt) (Item # 26 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Forgive Grass Cutting Charges - 81 Maryland St. (STS) (Item # 66 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Opinion - Grass Cutting Charges - 81 Maryland St. (CC) (Item # 50 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Maryner Towers, 186 Efner Refund of Excess Taxes (Res No. 50, C.C.P., Mar. 8, 1994) That the Comptroller be, and he hereby is, authorized to make a payment to Maryner Towers, for a refund of city taxes overpayment 1993-94 in the amount of $32,696. 19. PASSED. AYES- 13 NOES- 0. No. 138 Rescind Monitored Alarm Registration Fee (Item # 196 CCP Jan. 25,1994) That the above mentioned Item be and the same is hereby referred to the Administrative Adjudication Task Force. ADOPTED. No. 139 Kleinhans - Cancel Ticket Surcharge (Item # 71 CCP Feb. 8, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor's Budget Committee. ADOPTED. No. 140 M. Wimberly - Claim For Car Sold by Auto Pound (Item #99, CCP, Feb. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Vehicle Sold by Auto Pound (CC) (Item # 53 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Vehicle Sold by Auto Pound (A&F) (Item # 73 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Reimburse Police Commissioner - Moving Expenses (Item # 166 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby laid on the table. ADOPTED. No. 144 Reimburse Moving Expenses (CC) (Item # 48 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby is laid on the table. ADOPTED. No. 145 One Time Only - Parking Ticket Amnesty (Item # 171 CCP Feb. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Parking Ticket Amnesty (A&F) (Item # 73 CCP Feb. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Fuel Management for City-owned Vehicles (Item No. 169, C.C.P., Feb. 8, 1994) That this Common Council requests the Commissioners of the Department of Administration & Finance and General Service seriously consider the installation of an electronic or computerized monitoring system to monitor fuel consumption for all City of Buffalo vehicles and machinery. ADOPTED. No. 148 Fuel Management - City Vehicles (A&F) (Item # 72 CCP Feb. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Comments on Request for Division of Youth Audit (Compt) (Item # 14 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Favors Audit for Division of Youth (HR) (Item # 75 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Legislation Alfred T. Coppola Chairman No. 151 Walgreen's, Petition to use 636 Delaware Ave. - Ground Sign (Item No. 94, C.C.P., Mar. 22, 1994) That after a public hearing before the Committee on Legislation on March 29, 1994, the petition of Walgreen's, owner, for permission to use 636 Delaware Avenue for a ground sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 152 Cleveland Hill United Methodist Church, Petition To Use 552 Eggert Road - Ground Sign (Item No. 95, C.C.P., Mar. 22, 1994) That after a public hearing before the Committee on Legislation on March 29, 1994, the petition of Cleveland Hill United Methodist Church, for permission to use 552 Eggert Road for a ground sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 153 266 Bryant, Inc., Petition to use 427 Elmwood - Patio (Item No. 97, C.C.P., Mar. 22, 1994) That after a public hearing before the Committee on Legislation on March 29, 1994, the petition of 266 Bryant, Inc., for permission to use 427 Elmwood Avenue for a sit-in restaurant/outdoor patio be, and hereby is approved subject to the following conditions: 1. That the Department of Public Works review and approve the encroachment of city right-of-way. 2. That the sidewalk cafe must close by 11:00 p.m. 3. That there be no outside music. 4. That there be no outside trash receptacles. 5. Any other conditions set by the City Planning Board. PASSED. AYES- 13 NOES- 0. No. 154 M. Judd Request Ordinance - Allow Sleeping Rooms in Attic (Item # 70 CCP Feb. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Ordinance for Third Floor Occupancy (CC) (Item # 51 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 Ordinance for Third Floor Occupancy (ICR) (Item # 69 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 Use of 225 Esser by US Food (CC) (Item # 45 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 Use of 225 Esser by US Foods (ICR) (Item # 67 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 Bike WNY - Favors Bicycle Plan for City (Item # 80 CCP Dec. 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Bicycle Plan for City (PW) (Item # 22 CCP Jan. 11, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Aspect of Bikeways (CC) (#40 1/25) (Item # 136 CCP Feb. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 NYSDEC - Cyanide Discovery on Deshler St. (Item # 89 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 163 TDI Permission to Advertise on Bridges (PW) (Item # 44 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 Reg. Additional Information Board of Parking Member (CC) (Item # 52 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 Change Name - War Memorial Stadium (HRG HELD) (Item # 128 CCP Oct. 19, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Economic Development Carl A. Perla, Jr. Chairman No. 166 L.D.A - Kingsley New Housing (Item No. 70, C.C.P., Mar. 22, 1994) 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: Louis Malucci, Community Revitalization Mr. Pitts moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. Mr. Perla moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated James Management Co., Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, BURA and the Redeveloper have requested to amend said LDA to include 255, 259, 261 and 265 Cherry Street; and 724-726 Northampton Now, Therefore, Be It Resolved: (1) That The LDA be amended to include 255, 259, 261 and 265 Cherry Street, and 724-726 Northampton Street. (2) All terms and provisions not included in this Amendment shall remain in full effect. (3) That the Mayor of the City of Buffalo and the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and the Mayor of City of Buffalo are hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 167 L.D.A - Stanislaus New Housing (Item No. 71, C.C.P., Mar. 22, 1994) 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 Mrs. Lockwood the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci, Community Revitalization Mr. Pitts moved that the hearing be closed. Seconded by Mr. Helfer. CARRIED. Mr. Perla moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated SMT, Inc., and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, the proposed Land Disposition Agreement (LDA) has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Whereas, said LDA provided for conveyance of the Property as described in Schedule A from BURA to the Redeveloper for the construction of four (4) residential dwelling units and Whereas, said LDA provided for conveyance of the Property as described in Schedule A from BURA to the Redeveloper for the construction of residential dwelling units on 222 Stanislaus Street (144 x 100), and Whereas BURA and Redeveloper desire to amend said LDA to delete the above property from Schedule A of said LDA and to include 118 Guilford, 14 C Street and 937 Fillmore; Now Therefore Be It Resolved, in consideration of the premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other to amend Schedule A of the LDA to delete 222 Stanislaus Street (144 x 100) and to include 14 C Street (30 x 94) and 118 Guilford (45 x 115) and 947 Fillmore; and Resolved, that all terms and provisions not included in this Amendment shall remain in full effect. Resolved, that SMT, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal agency, is hereby approved as the Redeveloper for Connecticut Street Revitalization Area. Resolved, that the Mayor of the City of Buffalo and the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and the Mayor of City of Buffalo are hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 168 L.D.A - Niagara New Housing (Item No. 72, C.C.P., Mar. 22, 1994) 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. Fahey the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci, Community Revitalization Mr. Pitts moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Perla moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated West Side Neighborhood Housing Services, Inc., and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and Procedures duly adopted by the Agency; and Whereas, the City Clerk has Published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, the Proposed Land Disposition Agreement (LDA) has been duly Submitted to this Common Council by the Buffalo Urban Renewal Agency; and Whereas, said LDA Provided for conveyance of the Property as described in Schedule A from BURA to the Redeveloper for the construction of five (5) residential dwelling units, and Whereas, said LDA Provided for conveyance of the Property as described in Schedule A from BURA to the Redeveloper for the construction of residential dwelling units on 294 Plymouth Street (100 x 158), and Whereas, BURA and Redeveloper desire to amend said LDA to delete the above Property from Schedule A of said LDA and to include 92-94 Chenango Street (59 x 100) and 425 West Ferry (89 x 99 ), Now, Therefore Be It Resolved, in consideration of the Premises and the mutual obligation of the Parties hereto, each of them does hereby covenant and agree with the other to amend Schedule A of the LDA to delete 294 Plymouth Street (100 x 158) and to include 92-94 Chenango Street (59 x 100) and 425 West Ferry (89 x 99), and Resolved, that all terms and Provisions not included in this Amendment shall remain unchanged and shall remain in full effect. Resolved, that West Side Neighborhood Housing Services, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Connecticut Street Revitalization Area. Resolved, that the Mayor of the City of Buffalo and the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the Proposed amended "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 169 Annual Report of PILOT Agreements (Item # 17 CCP Feb. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 Pilot Agreement Repayment Information (CC) (Item # 61 CCP Feb. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 171 ECIDA - Status of Unpaid PILOT'S (Item # 93 CCP Feb. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 172 BEDC - Report of Audit (Item # 83 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 173 NYSDEC - Outer Harbor Hazardous Waste Clean-up (Item # 90 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 174 By: Mr. Arthur Memorialize Anti-Crime Bill Whereas: America's communities and families are scarred by increasing numbers of violent crimes; and Whereas: The level of violence associated with criminal act is also increasing; and Whereas: No community of family is untouched by incidents of crime or the fear of being victimized by crime; and Whereas: Reductions in the level of crime and reductions in the level of fear of crime will require enactment of meaningful national anti-crime legislation a well as work by local communities and state governments to develop and implement long term solutions that deal with both the causes and effect of crime; and Whereas: The critical nature of the problem demands an end to national legislative gridlock; and Whereas: Achieving an early partnership to cut crime will require immediate action by the Congress. Now, Therefore, Be It Resolved That: This Common Council and the City of Buffalo urgently calls upon the Congress to enact anti-crime legislation immediately so that the resources and programs which such legislation will provide can be utilized on a timely basis - the need is now. Such anti- crime legislation should include: * A balanced approach of enforcement and prevention * Direct block grant anti-crime funds, with maximum flexibility allowed in the use of those funds. * Creation of a federal anti-crime trust fund financed by dedicated revenues derived from licensing fees levied on weapons, ammunition and weapons dealers. * Exploration of cooperative programs with the U.S. Military to create education and training programs for at-risk young people. Be It Further Resolved That: This Common Council and the City of Buffalo rededicates itself to crime prevention and suppression and that a copy of this resolution be sent to President Bill Clinton, Senator Moynihan, Senator D'Amato, Our Area Members of Congress, and the New York State Conference of Mayors. ADOPTED. No. 175 By: Mr. Arthur Request Report -Status Housing Preservation Study Whereas: The Common Council designated Price Waterhouse as the consulting agency to conduct a study on Housing Preservation for the City of Buffalo for the contracted cost of $50,000; and Whereas: On December 14, 1993, this Council adopted a final report submitted by Price Waterhouse on housing preservation; and Whereas: The Price Waterhouse study report identified a series of deficiencies in the administrative and organizational practices within the city's Department of Inspections and community Revitalization as being major factors in the City's lack of ability to deliver the services needed to counter the demise of the housing stock; and Whereas: The Price Waterhouse report, being informative and comprehensive, included a summary, recommendations for changes, and a four phase implementation strategy designed to be utilized over a ten to twelve month period. Now, Therefore Be It Resolved That: This Common council requests the commissioner of the Department of Inspections and Community Revitalization to file a report as to the status and time frame for implementing recommendations set forth by the Price Waterhouse Study on Housing Preservation report. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF INSPECTIONS & COMMUNITY REVITALIZATION. No. 176 By: Mr. Arthur City of Buffalo Local Law No _____ (1994) Introductory No. 4 (1994) A LOCAL LAW amending Sections 109-a of Article 6 of the Charter of the City of Buffalo in relation to the Executive Department. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Section 109-a of Article 6 of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 109-a. Appointment and Removal. The mayor shall appoint, and may for reasons stated in writing after an opportunity to be heard, remove [five] eleven qualified electors of the city for the term of five years from July first, nineteen hundred and thirty-seven. The five original members first appointed shall be appointed for the term of one, two, three, four and five years, to be designated by the mayor, from July first, nineteen hundred and thirty-seven, and their successors shall likewise be appointed each for the term of five years. The six additional members first appointed after July 1. 1994 shall be appointed for one, two, three, four and five year terms, to be designated by the mayor. and their successors shall each be appointed for a term of five years. Vacancies in the board shall likewise be filled for the unexpired portion of such term. The mayor shall designate from among the members the chairman of the board and may from time to time change such designation. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ]to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- FAHEY, LOCKWOOD, LOTEMPIO- 3. No. 177 By: Mr. Bell Rosa Gibson, Ernest Oliver and Ulysses Todd Dumping Fine Whereas, on January 12, 1993, Rosa Gibson, Ernest Oliver and Ulysses Todd were charged with a violation of Buffalo Code Section 216-9 (Deposit of materials prohibited) involving conduct at the corner of High and Earl Streets; Whereas, on May 11, 1993, Rosa Gibson, Ernest Oliver and Ulysses Todd were found guilty of violating Buffalo Code Section 216-9 after a hearing conducted at the Parking Violations Bureau; Whereas, in accordance with Buffalo Code Section 216-11, Rosa Gibson, Ernest Oliver and Ulysses Todd were individually fined $1,000.00; Whereas, the particular facts and circumstances of the incident do not warrant the mandatory $1,000.00 fine; Now, Therefore, Be It Resolved: That, the City of Buffalo is hereby directed to refund $1,000.00 to Rosa Gibson, $1,000.00 to Ernest Oliver and $1,000.00 to Ulysses Todd; provided, that prior to the refund the Corporation Counsel's Office receives a general release from Rosa Gibson, Ernest Oliver and Ulysses Todd waiving any and all claims against the City of Buffalo, and its departments and employees regarding the incident, and receives a stipulation from Rosa Gibson, Ernest Oliver and Ulysses Todd discontinuing the appeal of their conviction and any pending litigation regarding this incident. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 178 By: Mr. Collins Increased Appropriation Reserve for Capital Appropriations Division of Buildings 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 Buildings be and the same hereby is increased in the sum of $1,059. That, the comptroller be and hereby is authorized and directed to transfer the sum of $1,059 from 100-890-050 - Reserve for Capital Budget Appropriations to meet this increased appropriation as set forth below: To: 200 Capital Projects Fund 402 - Division of Buildings 063 - Reconstruction of Pools $1,059 PASSED. AYES- 13 NOES- 0. No. 179 By: Mr. Collins Transfer Of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $9,000 be and the same is hereby transferred from the 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 $9,000 To: 200 Capital Projects 40-2 - Division of Buildings 522 - Supervision of Phase III of Delaware Park Restoration $9,000 PASSED. AYES- 13 NOES- 0. No. 180 By: Mr. Collins Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $237,640 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $237,640 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $237,640 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $237,640 To: 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction of Pools $237,640 PASSED. AYES- 13 NOES- 0. No. 181 By: Mr. Coppola Request Ordinance To Reduce Landscaping Contractor License Whereas: The recent amendment to the landscape licensing law eliminated a ten dollar vehicle certificate but instituted a one hundred dollar landscaping fee allowing landscapers to do business in the City of Buffalo; and Whereas: The original intent of the landscaping fee was to regulate those businesses in order to protect city residents from fly-by-night contractors, not as a revenue generating source; and Whereas: This astronomical fee increase may encourage landscapers to circumvent this fee or discontinue doing business entirely in the City of Buffalo; and Whereas: Those landscapers who decide to continue doing business in the city and who purchase this astronomically high permit will invariably pass on their additional cost of doing business to the taxpayers of the City of Buffalo. Now Therefore Be It Resolved That This Common Council of the City of Buffalo repeal the amended landscaping license fee of one hundred dollars and reinstate the former vehicle certificate charge of ten dollars to cover the window decal and administrative costs; and Be It Further Resolved That Corporation Counsel draft a new amendment to Chapter 144-15 of Chapter 175, Landscaping Contractor License, reflecting the elimination of the one hundred dollar license fee and reinstate the vehicle certificate charge of ten dollars. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 182 By: Messrs. Coppola and Bell Oppose Proposed 8.5% National Fuel Gas Rate Increase Whereas: National Fuel Gas is proposing a rate increase of 8.5% which will generate an additional 55.4 million dollars; and Whereas: This rate increase is proposed at a time when National Fuel Gas has just reported a 1993 profit of 27.8 million dollars, a 7% increase from their profits in 1992; and Whereas: This proposed rate increase coupled with other recent utility rate and tax increases, such as water, electric and property, will severely affect those with fixed incomes; and Whereas: The money afforded to those on a fixed income is only increased in proportion to the inflation rate, which in 1993 was only 2.6%, well below a proposed 8.5% increase, making their ability to pay any rate increase even that much more difficult. Now Therefore be it Resolved That The Common Council of the City of Buffalo is opposed to the 8.5% increase proposed by National Fuel Gas and requests that the City Clerk forward a certified copy of this resolution to the Public Service Commission. ADOPTED. No. 183 By: Mr. Coppola The Markey-Fields Bill (HR 3626) Whereas: The new telecommunications infrastructure is the foundation which will enable the private sector to begin constructing the information super highway; and Whereas: The information super highway is a vast electronic network capable of delivering a lot of information and entertainment to virtually everyone; and Whereas: Municipalities should be concerned about revenue implications, privacy safeguards protecting local government information and ownership and monitoring of the information of the information super highway; and Whereas: The Markey-Fields Bill (HR 3636) sponsored by Rep. Edward Markey (D-MA), and Rep. Jack Fields (R-TX) addresses these concerns by allowing competition among existing communication providers and a federal-state joint board to decide issues concerning universal service. Now Therefore be it Resolved That The Common Council of the City of Buffalo endorses the Markey-Fields Bill and that the City Clerk forward certified copies of this resolution to the Western New York Congressional and Senatorial Representatives and our State Representatives in the Legislature. ADOPTED. No. 184 By: Messrs. Coppola and Arthur Request In-depth Audit of BSA Whereas: This Common Council requested that the State Comptroller perform an audit and the Attorney General investigate the Buffalo Sewer Authority (BSA) by resolution, which was adopted February 22, 1994; and Whereas: The resolution was prompted by the great disparity in the authority's surplus account, which dwindled from over $9 million to $33,000, and the dramatic increase in the sewer taxes over the past several years; and Whereas: In response, the sewer authority issued a statement saying those funds helped keep sewer rates down; however, city property owners still experienced significant rate increases each year; and Whereas: Over the years, the BSA has made it a practice to award contracts to outside engineering firms when it had qualified engineers on staff; and those contracts were awarded regularly without going through the bidding process; and Whereas: A high-ranking official of the Griffin administration, with no prior engineering experience, was hired by a consulting firm, which was on the receiving end of the no-bid contracts; and Whereas: A recent article in the BUFFALO NEWS confirmed that the BSA has nearly depleted its reserve account, which was over $12 million at one time, once again prompting questions about its lack of efficiency and business practices because each year property owners in the City of Buffalo experienced a significant rate increase, sometimes as much as 12% in sewer taxes; and Whereas: The City Comptroller cannot perform an in-depth audit of the BSA due to a lack of manpower; but the State Comptroller has the authority to oversee the fiscal affairs of all units of local government in New York State, which would include the Buffalo Sewer Authority, and Buffalo Mayor Anthony Masiello supports this audit. Now Therefore Be It Resolved That Because of the recent disclosure that the Buffalo Sewer Authority has, indeed, depleted its reserve account while continuing to raise the sewer tax rates, this Common Council once again respectfully requests that the State Comptroller perform an audit and the State Attorney General investigate the business practices of the Buffalo Sewer Authority; and Be It Further Resolved That While this Common Council understands that the City Comptroller is unable to perform an in-depth audit of the Buffalo Sewer Authority due to a lack of manpower, it requests that an outside firm be retained to perform a complete audit of the Authority; and Be It Finally Resolved That The City Clerk send certified copies of this resolution to New York State Comptroller H. Carl McCall and New York State Attorney General G. Oliver Koppell with a second request for assistance in this matter. ADOPTED. No. 185 By: Messrs. Franczyk and Bell Pursue Federal Anti-Gang Aid Whereas: The City of Buffalo has been plagued by violent gang activity as pointed out in the proposed resolution by Council Member James Pitts regarding the creation of a Police Task Force on Gangs and Shootings; and, Whereas: The Clinton Administration's battle to reduce gang involvement by young people has led to initiatives and programs in the President's Anti-Crime Legislation, better known as the Crime Bill; and Whereas: The Administration's efforts in reducing gang terror is the Anti-Violent Crime Initiative, which focuses on developing locally-based strategies and providing additional resources which target gang related violent crime; and Whereas: The initiative combines the best efforts of federal, state and local law enforcement agencies; and Whereas: The Crime Bill includes efforts to meet the challenge of curbing gang activity by providing Juvenile Drug Trafficking and Gang Prevention Grants which aim at reducing the participation of young people in gangs and drug related crimes through programs such as youth training in nonviolent dispute resolution; and Whereas: Programs such as GREAT, the Gang Reduction Education and Training Project, allots $40 million for 50 projects nationwide aimed at reducing gang activity; and Whereas: This portion of the GREAT fiend will go directly to local law enforcement and prevention organizations; Now, Therefore, Be It Resolved: That this Common Council should investigate, support, and explore, the benefits of the initiatives set forth in the Clinton Administration's Crime Bill; and Be It Finally Resolved: That this Common Council urges Mayor Masiello and his administration, as well as our local Congressional delegation to support, pursue and apply for such grants and programs that would curb gang violence on our city streets, thus, benefiting the quality of life for the good citizens in our city. ADOPTED. No. 186 By: Mrs. Lockwood Request State DOT Assistance in Installing Electronic Barriers -Skyway Whereas: The City of Buffalo Police Department has guidelines for the closing of the Skyway, Father Baker Roadway and Fuhrmann Boulevard Complex; and Whereas: These guidelines have been followed a number of times recently due to hazardous weather conditions, automobile accidents and a diesel fuel spill, and Whereas, The emergency plan 1 (red), which calls for a complete shut down, requires 8 police officers in 8 police cars for as many hours as required; and Whereas: Snow Emergency Plan 2 ( Yellow) details the assignments given when the Skyway is shutdown; and Whereas: These closing plans disrupt police service because of the use of Police Officers and their Police cars to act as human barriers, and Whereas: Enforcing the closure of the Skyway's on/off ramps consumes many hours, thus exhausting the resources of valued police time, especially from the South District; and Whereas: It is hoped that by working with all involved agencies a more effective emergency plan can be instituted which includes the use of electronic barriers and automatic timers to close the Skyway, and Whereas, The primary objective would be to devise a plan which removes the officers and their cars from harm's way by instituting safety measures that would reflect engineering and technological advances that can be implemented along these roadways. Now Therefore Be It Resolved: That a representative from the DOT and the New York State Thruway Authority, members of the Western New York Senate and Assembly Delegation, New York State Police, representatives from the Buffalo Police Department, Mayor's Office, Division of Traffic Engineering and the Police Chief from the City of Lackawanna, be invited to a meeting to discuss the installation of these barriers as an alternative plan; and Be It Further Resolved, That these mentioned representatives respond to this proposal by contacting the office of the South District Councilmember for the purposes of scheduling this meeting at a date and time agreeable to all; and Be It Further Resolved; That the Common Council direct the City Clerk's Office to send certified copies of this resolution to the Western New York Senate and Assembly Delegation, New York State Department of Transportation, New York Thruway Authority, New York State Police, Mayor's Office, Division of Traffic Safety, Buffalo Police Department and the Police Chief from Lackawanna. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 187 By: Mrs. LoTempio Amend Senate Bill 378-B and Assembly Bill 487-B To Empower The City of Buffalo's "Bureau of Administrative Adjudication" to Adjudicate All City Codes and Ordinances Whereas: The City of Buffalo has asked for legislation to enable the creation of a Bureau of Administrative Adjudication to as a enforcement tool for city housing codes and ordinances as so stated in Senate Bill 378-B and Assembly Bill 487-B; and Whereas: The City is also facing widespread noncompliance and violations of many city codes, ordinances, permits and licenses concerning civic, business, sanitation and zoning privileges and does not possess the means to effectively enforce or facilitate compliance; and Whereas: Amending New York State Senate Bill 378-B and Assembly Bill 487-B to allow a "Bureau of Administrative Adjudication" to identify, enforce and prosecute violations of all city codes and ordinances would afford the City of Buffalo greater efficiency and control for managing compliance. Now, Therefore Be It Resolved That: This Common Council requests the New York State Legislature to amend New York State Senate Bill 378-B and Assembly Bill 487-B to allow a "Bureau of Administrative Adjudication" to identify, enforce and prosecute violations of all city codes and ordinances; and Be It Further Resolved That: The City Clerk forward certified copies of this resolution to the Clerk of the Assembly, the Secretary of the Senate and to the Western New York Delegation to the New York State Legislature. ADOPTED. No. 188 By: Mrs. LoTempio Establish Program for Curbside Collection of Yard Waste Whereas: The disposal of garbage, trash, and yard waste has become increasingly more expensive for the City of Buffalo; and Whereas: Currently, the Streets Department has no specific policy requiring city residents to separate yard waste from other garbage or trash and therefore has to pay for its disposal at the higher rates of garbage or trash; and Whereas: Yard waste could be disposed of at less cost to the city if residents were required to separate it from other garbage or trash at curbside, enabling the department to include yard waste in a recycling program; and Whereas: Additionally, if landscapers were given incentives for disposing their clients' yard waste at sites designated by the Streets Department, the city might realize a savings in the Streets Department operation; and Whereas: One such incentive may be to offer a reduction on a renewal license for those landscapers participating in the Commissioner's program; Now, Therefore, Be It Resolved: The Commissioner of Streets review his department's handling of yard waste removal and develop a strategy for: a. residential curbside yard waste removal, b. an incentive program for landscapers who provide their own service for removing clients' yard waste. ADOPTED. No. 189 By: Mr. Pitts Section 108 Loan - Market Arcade Cinema Whereas, Section 108 of the Housing and Community Development Act of 1974 authorizes a program of community development loan guarantee assistance (Section 108 or Section 108 Program). Under the Section 108 Program, the Department provides metropolitan cities and urban counties that receive entitlement grants (entitlement public entities) with front-end financing for large-scale community and economic development projects that cannot be financed from annual grants; and Whereas, the United States Department of Housing and Urban Development has published rules and regulations governing the eligibility requirements and administration of the Section 108 Program; and Whereas, The City of Buffalo satisfies all the eligibility criteria established by the United States Department of Housing and Urban Development; and Whereas, The Market Arcade Cinema Section 108 Balloon payment of $2,840,000 which comes due in August, 1994, cannot be financed by a private lender because of the short term nature of the General Cinema lease. Now, Therefore, Be It Resolved Be The Common Council Of The City Of Buffalo: 1. That the Commissioner of Community Development be and he hereby is authorized on behalf of the City of Buffalo/Buffalo Urban Renewal Agency to execute and file application to the United States Department of Housing and Urban Development for a Section 108 Loan for the Market Arcade Cinema, and to amend the 19th Year CDBG Program. 2. That the Buffalo Enterprise Development Corporation shall be the duly authorized administrator of the Section 108 loan and that all repayment monies received by the City under such Section 108 loan shall be administered by the Buffalo Enterprise Development Corporation. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 190 By: Mr. Pitts Public Hearing - Market Arcade Cinema Section 108 Loan Whereas, Section 108 of the Housing and Community Development Act of 1974 authorized the Department of Housing and Urban Development to offer Section 108 loans for community and economic development projects that cannot be financed from annual grants; and Whereas, The proposed Market Arcade Cinema Section 108 loan requires the approval of the local governing body prior to submission to the United States Department of Housing and Urban Development. Now, Therefore, Be It Resolved By The Common Council Of The City Of Buffalo: 1. That this Common Council will conduct a Public Hearing regarding the Section 108 loan for the Market Arcade Cinema before the Economic Development Committee on April 13, 1994 at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later than the 6th of April, 1994. ADOPTED. No. 191 By: Mr. Pitts Set Public Hearing Proposed Addendum To Amended Land Disposition Agreement For A Portion Of Downtown Entertainment District-Phase I 610 Main & 421 Pearl Whereas, City Centre Development Company of Buffalo L.P. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper have negotiated an Addendum to Amended Land Disposition Agreement for the disposition of a portion of Downtown Entertainment District - Phase I. Whereas, the terms of said Addendum to Amended Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and Whereas, said Addendum to Amended Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public bearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 8th day of April 1994. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 19th day of April 1994. ADOPTED. No. 192 By: Mr. Pitts Cable TV Public Hearing Whereas: In recent weeks many Buffalo cable TV subscribers have voiced their complaints regarding various problems and concerns related to cable TV; and Whereas: These complaints have dealt with such issues as the recent increase in the cost of expanded basic programming, new charges for the dropping of premium services, the elimination of the senior citizen discount, the implementation of an inside wiring maintenance fee, the preempt ion of programming carried on Canadian broadcast channels, customer service standards, public access, and a variety of others; and Whereas: Since the City is currently negotiating a new franchise agreement with TCI of New York, as well as soliciting new cable operators to come to Buffalo, it is important to address these issues and provide consumers with some clear answers; and Whereas: A public hearing would give the community an opportunity to inform the City and TCI of their concerns and to hopefully receive clear and understandable responses from the cable company; and Whereas: Such a hearing would not only provide a public forum for cable subscribers who have specific concerns, but may also assist the City in its effort to ascertain community needs in regard to cable TV; Now, Therefore, Be It Resolved: That a public hearing be held by the Common Council's Special Committee on CATV in the Common Council Chambers on Thursday, April 28, 1994 at 7:00 PM to receive comments from consumers regarding the local cable television system. Specifically: 1. Downgrade Charges by TCI. 2. Inside wire maintenance charges. 3. Elimination of senior citizens discounts. 4. Interruption of channel services. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 193 By: Messrs. Pitts and Collins Create Council / Police Task Force on Gangs and Shootings Whereas: The proliferation of violent gang activities and shootings, both random and calculated, has made many areas of the city virtual shooting galleries; and Whereas: Recent shootings in the Bailey Avenue Business District include a flurry of gunfire on Schreck Street near Bailey on Tuesday, March 22; a man shot in the hand in the Bailey / Amherst area on Wednesday, March 23; and a man shot a Suffolk and East Amherst on Thursday, March 24; and Whereas: Complaints and concerns expressed by citizens have not resulted in a specific, sustained plan of action to eradicate drug and gang violence in this area; and Whereas: The safety risk to the people in this community warrants a strategic approach to resolving the problem; Now, therefore, be it resolved: That this Common Council create a joint task force with representatives from the Council and the Police Department to develop a plan to fight the growth of gangism and shooting violence. REFERRED TO THE COUNCIL PRESIDENT AND THE COMMISSIONER OF POLICE. No. 194 By: Mr. Pitts Ratify Stationary Engineer Examinations Whereas, the positions of Director of Fuel Devices and the Chief Examiner of Engineers have been vacant for five years; and Whereas, applicants for stationary engineer's licenses who have been examined throughout that period by designees of the department commissioner have successfully completed these examinations and have received stationary engineer's licenses; and Whereas, these persons have been successfully and gainfully employed as stationary engineers and have provided for their families from such employment; Now, Therefore, Be It Resolved That This Honorable Body hereby ratifies and acknowledges the examination given by such designees and certifies the licenses issued to those applicants who successfully completed the qualifying examinations for stationary engineer given in the period of absence of the Director of Fuel Devices and the Chief Examiner of Stationary Engineers Be It Further Resolved: That this resolution be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 195 By: Mr. Pitts Home Rule Message S.5914-B;A.8509-B An Act to Allow Additional Pension Benefits To Certain Police and Fire Retirees Whereas: There has been introduced in the New York State Legislature Senate Bill # S.5914-B and Assembly Bill # A.8509-B, "An act in relation to providing an additional retirement benefit for certain retirees formerly employed by the city of Buffalo"; and Whereas: Said Bill provides that certain police and fire retirees, formerly employed by the City of Buffalo, who retired or died between December 26, 1988 and May 23, 1991, and who were covered by the provisions of Section 384- d of the Retirement and Social Security Law on December 25, 1988 shall be deemed covered by the provisions of Section 384-e of the Retirement and Social Security Law; and Whereas: 1988 State legislation provided an increased "1/60th" fraction pension benefit to employees retiring with more than 20 years service; and Whereas: Currently, members who did not join the 384-e plan may not retroactively join such plan; and Whereas; In a dispute between the City of Buffalo and Police and Fire Unions, an arbitrator ruled that the enhanced benefit should be retroactively provided by the city; and Whereas; Passage of this bill will implement the arbitrator's award; and Whereas; The estimated cost to the city will be $1.2 million, borne over a three (3) year period. The cost for the first year, including interest, would be approximately $440,000. Now, Therefore, Be It Resolved: That the City of Buffalo request the enactment into law of Senate Bill S 5914-B and Assembly Bill A 8509- B, "An act in relation to providing an additional retirement benefit for certain retirees formerly employed by the City of Buffalo"; and Be It Further Resolved: That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the Western New York Delegation of the New York State Legislature. ADOPTED. No. 196 By: Mr. Pitts Ordinance Amendment - Chapter 94 Boilers and Engines: Engineers The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 94 of the Code of the City of Buffalo be amended by adding a new Section 94-16.1 to read as follows: 94-16. 1 Examinations; Commissioner's Designee 94-16. 1 In addition to the Director of Fuel Devices and the Chief Examiner of Stationary Engineers, the Commissioner of Inspections and Community Revitalization may designate persons to examine applicants for a stationary engineer's license or refrigeration operator. Such designees of the Commissioner of Inspections and Community Revitalization shall be a citizen of the United States and shall have a chief engineer's license and, in addition, shall have not less than six (6) years practical experience as a stationary engineer. Approved as to form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 197 By: Mr. Pitts Ordinance Amendment Chapter 103 of Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That the fees of Chapter 103-24, search of Fire Department files, be amended to read as follows: Fire Reports - [$10.00] $20.00 Fire investigation reports $20.00 Employment or Salary Verification [$10.00] $20.00 Certificate or authentication of [$1.00] $25.00 any report or record on file in the Bureau of Fire Prevention Approved as to form Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 198 By Mr. Pitts Waive Permit Fees-Rehab 30 Cottage Whereas: WGRZ/TV Channel 2 has developed a weekly, locally produced 1/2 hour TV program detailing the renovation of a residence at 30 Cottage Street in the Allentown Neighborhood of the City of Buffalo; and Whereas: 30 Cottage Street was a dilapidated and abandoned property which created a blighting influence in the Allentown Community; and Whereas: All materials and labor, as well as the property itself have been donated to the project; and Whereas: Once renovations are completed, 30 Cottage Street will be donated to a low-income family of the City of Buffalo Now Therefore Be It Resolved: That in support of the project, this Common Council hereby waives any and all building permit fees associated with the renovation of 30 Cottage Street. PASSED. AYES- 13 NOES- 0. No. 199 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 Minnie Oliver By Councilmember James Pitts ADOPTED. No. 200 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: Dorothy L. Brown Sandra M. Murphy Total: 2. ADOPTED. 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, April 12, 1994 9:30 AM Finance Tuesdays April 12, 1994 Immediately Following Civil Service Legislation Tuesday, April 12; 1994 2:00 PM Economic Dev Wednesday, April 13; 1994, 10:00 AM Urban Renewal Agency Wednesday, April 13, 1994, 1:00 PM No. 202 Adjournment On a motion by Mr. Pitts, Seconded by Mrs. LoTempio the Council adjourned at 3:50 P.M. Charles L. Michaux, III City Clerk Board of Police and Fire Pension Proceedings # Mayor's Office-201 City Hall March 24, 1994-11:00 a.m. Present: Anthony M. Masiello, Mayor; R. Michael McNamara, Deputy Comptroller- 2 Absent: George K. Arthur, Council President-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 March 1994 amounting to $30,950.50, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 1994 amounting to $31,897.64, 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: Albert Saxer Died 2/17/94 Received and Filed. No 4 Charles Michaux, City Clerk, and Carol Nowak of the City Clerk's Office met with Mrs. Marilyn Smith, City Treasurer and her staff and they were informed that the Treasurer's office will provide the Pension Board with quarterly statements of disbursements starting with the April 28, 1994 meeting for the period ending March 31, 1994. Received & Filed. No. 5 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.