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Home My WebLink About94-0503 1No. 9 Common Council Proceedings of the City of Buffalo Regular Meeting, May 3, 1994 Special Session, May 2, 1994 Special Session, May 6, 1994 Adjourned Sessions, May 4, 5, 6, 9, 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, May 3, 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. Czajka, the minutes of the stated meeting held on April 19, 1994 were approved. FROM THE MAYOR No. 1 Appointment of Members of Commission on Human Relations Pursuant to the provisions of Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby appoint the below listed persons as members of the Commission on Human Relations effective April 15, 1994 for terms expiring February 27, 1996: Reverend Robert Beck Mr. Michael Keane 142 Prospect Avenue 265 Potters Road Buffalo, New York 14201 Buffalo, New York 14220 Ellicott South Ms. E. Jeanette Ogden Mr. Daniel Horan 109 Pershing Avenue 1072 Abbott Road Buffalo, New York 14211 Buffalo, New York 14220 Ellicott South Ms. Irene Klinko Mr. David Vanini 233 Newburg Avenue 26 Eldon Street Buffalo, New York 14215 Buffalo, New York 14215 Lovejoy University Mr. Earl Smith Mr. William Goodman 28 Courtland Street 108 Montrose Avenue Buffalo, New York 14215 Buffalo, New York 14214 Lovejoy Mr. David Rivera 362 14th Street Buffalo, New York 14213 Niagara Ms. Gail Hallerdin 72 North Pearl Street Buffalo, New York 14202 Niagara Reverend John C. Weimer 1219 Elmwood Avenue Buffalo, New York 14222 North I hereby certify that the above listed persons are fully qualified for appointment to the Commission on Human Relations. Robert Beck (Ellicott) will fill a vacancy. E. Jeanette Ogden (Ellicott) will fill a vacancy. Daniel A. Karlinski (Fillmore) will replace Dan Glowacki. Irene Klinko (Lovejoy) will fill a vacancy. Earl Smith (Lovejoy) will fill a vacancy. David Rivera (Niagara) will fill a vacancy. Gail Hallerdin (Niagara) will fill a vacancy. Michael Keane (South) will fill a vacancy. Daniel Horan (South) will fill a vacancy. Mr. David Vanini (University) will fill a vacancy. William Goodman (University) will fill a vacancy. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 266 Bryant Inc. - Request To Convert A Retail Store and Take-out Restaurant To A Sit-in Restaurant and Sidewalk Cafe- 427 Elmwood Item No. 97 C.C.P., March 22, 1994 The City Planning Board at its regular meeting held Tuesday, April 26, 1994, considered the above request pursuant to Sections 413-59 and 511-56 of the Buffalo Code, Review of Sidewalk Cafes and Expansion of Restrictive Use in the Elmwood Business District. The Planning Board voted to receive and file the matter since your Honorable Body has already approved it (see Item No. 153, C.C.P., April 5, 1994). RECEIVED AND FILED. No. 3 Jafco Realty Corp. - Request To Place a Pole Sign at 2192 Niagara Street Item No. 95, C.C.P., April 19, 1994 The City Planning Board at its regular meeting held Tuesday, April 26, 1994, considered the above request pursuant to Sections 511-68 and 387-19 of the Buffalo Code, the Niagara Coastal Special Review District and the Review of Ground Signs. The applicant seeks to place an illuminated pole sign with a sign face area of 72 square feet (8 feet by 9 feet) and an overall height of 19 feet above grade. The sign will be accessory to three businesses conducted within a marina. The site is located in the Niagara Coastal Special Review District which overlaps a CM zone. The CM zone allows such signage. Under S.E.Q.R. the sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 4 D. Mele - Request To Place A Sidewalk Cafe At 1504 Hertel Avenue Item No. 92, C.C.P., April 5, 1994 The City Planning Board at its regular meeting held Tuesday, April 26, 1994 considered the above request pursuant to Sections 511-59 and 413-57 of the Buffalo Code, Expansion of a Restricted Use in the Hertel Special Zoning District and the Review of Sidewalk Cafes. The applicant seeks to place a sidewalk cafe which will encroach the right-of-way by 8 feet and will be 33 feet in length, or 264 square feet. The cafe will be delineated by an railing and will contain 14 tables (56 chairs). The cafe will be seasonally removed pursuant to the Buffalo Code. The site is located in the Hertel Special Zoning District which considers such expansions of eating and drinking places to be restricted uses requiring the approval of your Honorable Body. Under S.E.Q.R., it is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed sidewalk cafe and subsequent restaurant expansion with the following conditions: 1. that no music be played in the cafe 2. that no trash receptacles are located therein and 3. that it be opened no later than 11:00 p.m. daily. RECEIVED AND FILED. No. 5 Goetz Oil Corp. - Request To Expand An Existing Gas Station/Store To Include Take-out Restaurant Service 210 Porter Item No. 93, C.C.P., April 19, 1994 The City Planning Board at its regular meeting held Tuesday, April 26, 1994, considered the above request pursuant to Sections 511-62 and 511-68 of the Buffalo Code, the Porter-Busti District and the Niagara Special Coastal Review District. The applicant seeks to place a hot dog machine in an existing gasoline station/store. No structural changes will be made to the building. The site is located in the Porter-Busti District which allows such take-out food services but only upon the issuance of a restricted use permit by your Honorable Body. Under S.E.Q.R. the matter is considered a Type II action which does not require further environmental review. It should be noted however that the site is contiguous to the Olmsted Parks and Parkways District, but since no external change will occur to the present building, an architectural review is not warranted. The Planning Board voted to approve the proposed restaurant addition. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF PARKING No. 6 Rental Info- Skyway Lot No. 3 Item No. 9 C.C.P. 02/22/94 Per your request, the income from Skyway Lot No. 3 for the past eight years 1986-93 is as follows: Three (3) Year Lease Term Annual Rental Operator 1986-89 $40,351 Multiple Parking 1989-90 (see attached) $56,500 Karamanos Enterprise 1990-1993 $60,606 Multiple Parking I believe the biggest concern on this bid is the fact that there was only one bid. The reason there was only one bid is that the City requires a performance bond in the amount of 100 percent of the bid. This is a cash business, and in only a very short time, an operator can default and give the City a black eye (see attached). All the monthly parkers were reimbursed their monthly fees due to the efforts of the local office of the New York State Attorney General. The City of Buffalo was reimbursed two months rent by the Karamanos' bonding company. I will restate the obvious, if a parking company cannot obtain a $52,052.52 (amount of this bid) performance bond, do we want them operating parking lots owned by the City of Buffalo??? REFERRED TO THE COMMITTEE ON FINANCE. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 7 1994 State of the Environment Report The Buffalo Environmental Management Commission is pleased to provide its 1994 State of the Environment Report for the City of Buffalo. This Report focuses on recommendations for improvements in the mechanisms and procedures by which the City conducts its environmental policy. Preparation of a yearly report is a legal requirement for the Commission under the ordinances of the City of Buffalo and New York State law. The Commission welcomes the opportunity to provide views on important public matters. Working with citizens and their officials is fundamental to the Commission's effective performance of the role set out for it in law. The Commission encourages comments on this Report, and looks forward to receiving them at its City Hall address. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 8 NYSDEC - Site Reclassification American Brass Item No. 89, C.C.P. 4/19/94 The Common Council has referred the NYS Department of Environmental Conservation's reclassification of the inactive hazardous waste site at 446 Military Road to the Environmental Management Commission. This site is commonly known as the "Anaconda/American Brass Site". The DEC reclassification to Class 3 indicates that DEC has completed evaluation of the site and concluded that it does not pose a significant threat to public health or the environment. In the Commission's view, this reclassification poses the problem typical of such reclassifications to Class 3 in the City: potentially harmful hazardous waste remains on the site, and may come into contact with human beings and the environment. Class 3 is not a clean bill of health, but in general may unfortunately reduce some of the incentives and possibilities for early appropriate site management. The Commission has called for greater attention by the City to opportunities presented for influence during the DEC process on such sites. It has also pointed out the need for consideration of security measures to protect public health, both at such sites and at sites which have been delisted by DEC. The Commission would be pleased to play any useful role in this regard, either in study of this particular site, or of broader problems associated with inactive hazardous waste sites in Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. FROM THE COMPTROLLER No. 9 Certificate Of Necessity Transfer of Funds President of Common Council Trust and Agency - City Clerk 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 $10,000 be transferred and reappropriated from the President of the Common Council - Legal Services account, as set forth below: Dated: Buffalo, NY, April 27, 1994 RECEIVED AND FILED. No. 10 Certificate of Necessity Transfer of Funds Division of Budget and Management Division of Engineering 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 $27,000 be transferred and reappropriated from the Division of Budget and Management -Planning for Capital Projects, as set forth below: Dated: Buffalo, NY, April 15, 1994 RECEIVED AND FILED. No. 11 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 sums of $72,000 and $64,940.37 be transferred and reappropriated from the Division of Budget and Management - Planning for Capital Improvements account and the Division of Buildings -Shea's Reconstruction account, respectively and said sums are 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, April 25, 1994 RECEIVED AND FILED. No. 12 Certificate Of Necessity Capital Budget Amendment Authorization for Additional Capital indebtedness We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1993 for the ensuing fiscal year, by adding the following item: Dated: Buffalo, NY, April 25, 1994 RECEIVED AND FILED. No. 13 Certificate of Necessity Capital Budget Amendment Authorization For Additional Capital Indebtedness We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects program, provided by the Common Council prior to July 1, 1993 for the ensuing fiscal year, by adding the following item: Dated: Buffalo, NY, April 26, 1994 RECEIVED AND FILED. No. 14 Lease Purchase Of Garbage Recycling And Police Vehicles In response to the questions raised by your Honorable Body at the meeting of April 20, 1994 regarding the lease purchase of garbage recycling and police vehicles, 1 circulated a letter to every Councilmember dated April 21, 1994 advising that further negotiation resulted in Key Corp. Leasing Ltd. agreeing to hold until May 20th the interest rate of 5.29% for both garbage recycling and police vehicles. The proposals that we received on April 12, 1994 were 5.19% for police vehicles and 5.29% for garbage recycling vehicles. The lease negotiations have nothing to do with the type of vehicles that the City purchases. Key Corp. Leasing Ltd. has agreed to pay the vendors for the vehicles that we order. The maximum amount of money that we can spend is $ 1.7 million for garbage recycling vehicles and $1.1 million for police vehicles as per the resolution that the Council adopted on April 20, 1994. RECEIVED AND FILED. No. 15 Interfund Loans Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have two requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loans from the General Fund to the City Capital Projects Fund in the amount of $250,000 for the Reconstruction of sidewalks in the South District and $20,000 for improvements to Willert Park. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-401 -014 BAN/Bond Sale $250,000 100 Gen 200 Cap Proj 200-717-081 BAN/Bond Sale $20,000 Mr. Pitts moved: That the communication from the Comptroller, dated April 25, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to The City Capital Projects Fund in the amount of $250,000 for the Reconstruction of sidewalks in the South District and $20,000 for improvements to Willert Park. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 16 Renewal Option - Lease Agreement Between the City of Buffalo and Catholic Charities of Buffalo, NY Item No. 17, C.C.P. 5/25/93 Your Honorable Body authorized the leasing of Room 24, former School 29 to the Catholic Charities of Buffalo New York. This lease agreement was for a one year period commencing July 1, 1993 and ending June 30, 1994. This office has received a request from the Catholic Charities of Buffalo to renew said lease for an additional one year period. The lessee has fully satisfied and has complied with all other provisions and terms of the lease. This office recommends Your Honorable Body approve the Catholic Charities of Buffalo to renew their lease for an additional one year term, commencing on July 1, 1994 to June 30, 1995. I am further recommending that Your Honorable Body authorized the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated April 25, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew the lease with between the City of Buffalo and Catholic Charities of Buffalo, New York for a one-year period, to commence on July 1, 1994 and ending on June 30, 1995, with the lessee to save the City harmless from any liability and to provide insurance therefore as set forth per Item No. 17, C.C.P., May 25, 1993. That the Corporation Counsel shall prepare the necessary lease renewal and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 17 Renewal Option - Lease Agreement Between the City of Buffalo and Harmac Medical Products Inc. for Leasing of Bailey, E 687' N Genesee Item No. 131, C.C.P. 6/27/89 Your Honorable Body authorized to renew the lease agreement between the City of Buffalo and Harmac Medical Products for leasing of Bailey Ave., E 687 feet N of Genesee, 10' x 424' to Haven Street, Buffalo, New York. This lease was for a five (5) year period commencing June 1, 1989 and ending on May 31, 1994. This office has received a request from David L. Benton, Treasurer, Harmac Medical Products, Inc., to renew said lease under the same terms and conditions that currently exits. This renewal will be for the period of June 1, 1994 through May 31, 1999. The rental fee is One Hundred and Twenty-Five Dollars ($125.00) annually. This office recommends that Your Honorable Body renew their lease agreement for an additional five (5) year term. I am further recommending that Your Honorable Body authorized the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated April 22, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew the lease with between the City of Buffalo and Harmac Medical Products, Inc. for a five year period, to commence on June 1, 1994 and ending on May 31, 1999, with the lessee to save the City harmless from any liability and to provide insurance therefore as set forth per Item No. 131, C.C.P., June 27, 1989. That the Corporation Counsel shall prepare the necessary lease renewal and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 18 Renewal Option - Lease Agreement Between the City of Buffalo and North Buffalo Community Development Corporation Item No. 30, C.C.P. 5/2/89 In 1988 Your Honorable Body authorized the leasing of 203 Sanders Road, Former School 88, to the North Buffalo Community Development Corporation for one (1) year and the lease was renewed for a four (4) year period commencing July 1, 1989 and ending on June 30, 1994. This office has received a request from Deborah A. Cielencki, Executive Director, North Buffalo Community Development Corporation., to renew said lease under the same terms and conditions that currently exits. The original lease agreement has an option to renew for four (4) consecutive terms of five (5) years each. This will be the second renewal term commencing July 1, 1994 through June 30, 1999. The rental fee is One Dollars ($1.00) annually. This office recommends that Your Honorable Body renew their lease agreement for an additional five (5) year term commencing on July l, 1994 and ending June 30, 1999. I am further recommending that Your Honorable Body authorized the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated April 25, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew the lease with between the City of Buffalo and North Buffalo Community Development Corporation for a five year period, to commence on July 1, 1994 and ending on June 30, 1999, with the lessee to save the City harmless from any liability and to provide insurance therefore as set forth per Item No. 30, C.C.P., May 2, 1989. That the Corporation Counsel shall prepare the necessary lease renewal and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 19 Renewal Option - Lease Agreement between the City of Buffalo and West Side Community Services Item No. 23, C.C.P. 4/13/93 Your Honorable Body authorized the leasing of 161 Vermont Street to the West Side Community Services. This lease agreement was for a one year period commencing April 1, 1993 and ending March 31, 1994. This office has received a request from the West Side Community Services to renew said lease for an additional one year period. The lessee has fully satisfied and has complied with all other provisions and terms of the lease. This office recommends Your Honorable Body approve the West Side Community Services to renew their lease for an additional one year term, commencing on April 1, 1994 to March 31 1995. I am further recommending that Your Honorable Body authorized the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated April 28, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew the lease with between the City of Buffalo and West Side Community Services for a one year period, to commence on April 1, 1994 and ending on March 31, 1995, with the lessee to save the City harmless from any liability and to provide insurance therefore as set forth per Item No. 23, C.C.P., April 13, 1993. That the Corporation Counsel shall prepare the necessary lease renewal and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 20 Transfer of Properties Under Urban Homestead Act 924 Sycamore & 112 Tenth St. In January of this year Your Honorable Body was notified about the efforts of this Office and the Department of Inspections and Community Revitalization to expand the number of housing units available to low income buyers through the Urban Housing Program. This will be accomplished with the use of HOME and Hope Funds to rehabilitate and resell vacant City and H.U.D. owned single family homes. M & T Bank has agreed to be the lender for the Homestead Program. The Department of Inspections and Community Revitalization has been working with several non-profit sponsors which include Ellicott District Development Corp., 78 Restoration, Inc., Lower West Side Resource and Development, Corp. and American Shelter, Inc. A number of properties have been identified for rehabilitation by the sponsors. Two of these properties are ready for transfer as follows: Project Address Sponsor Home/Hope 924 Sycamore American Shelter, Inc. Hope 112-10th Street American Shelter, Inc. Hope The transfers will be contingent upon the sale of properties to low income purchasers within 24 months of the transfer of title by the City of Buffalo to the developer/sponsor. Therefore, I am recommending that Your Honorable Body approve the transfer of 924 Sycamore and 112 - 10th Street, under the Urban Homestead Program, to American Shelter Corporation for One Dollar ($1.00) each upon the above stated condition. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 21 Offer Purchase Vacant Land Busti and Trenton This Office through, the Division of Real Estate, has received a request from Paula Rosner, President, Los Tainos Senior Citizens Center, Inc. to acquire the vacant City-owned land at 338 & 342 Busti and 329 & 331 Trenton Street. Los Tainos Senior Citizen Center, Inc. is planning to develop housing for low income Senior Citizens and require site control of the property for their application to H.U.D. Therefore, I am recommending that Your Honorable Body approve the request of Los Tainos Senior Citizen Center, Inc. and designate them as the developer for the above mentioned properties. Mr. Pitts moved: That the communication from the Comptroller, dated April 27, 1994, be received and filed; and That the offer of Paula Rosner, President, Los Tainos Senior Citizens Center, Inc. to acquire the vacant city-owned land at 338 & 342 Busti and 329 and 331 Trenton Street to develop housing for low income senior citizens be and the same hereby is approved; 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. PASSED. AYES- 13 NOES- 0. No. 22 Delay Demo 472 Sycamore City Mission Item No. 84, C.C.P. 4/5/94 The above referenced item was referred to the Committee on Finance, Inspections and Community Revitalization, Community Development, Corporate Counsel and this Office for a response. The item is a communication from the City Mission informing the City that they are the owners of a building located at 472 Sycamore. The City was in the process of demolishing the building when City Mission indicated that they had acquired title to 472 Sycamore in September of 1992. The subject property was acquired by the City of Buffalo in October 1993 through In-Rem. The property consists of a three (3) story brick building in poor condition. Demolition of the structure was ordered and bids received. Demolition of the building began four (4) weeks ago. The same day that demolition of the building began, Inspections was notified by the City Mission that they were the owner of the building. Demolition has been halted to clarify ownership. City records indicate that City Mission acquired a deed to the property on September 8, 1992, from Deniz Pirincci and Gail Pirincci residing at 2 Tountas Avenue, Leroy, New York 14482. However, the deed was not recorded with the Erie County Clerk's Office until July 22, 1993, Liber 10704, Page 520, well after the In-Rem notices had been sent to Deniz and Gail Pirincci for three (3) years City taxes in the amount of Three Thousand Four Hundred Seventeen Dollars and Nineteen Cents ($3,417.19). The above information has been submitted to the Law Department for review and a determination as to the ownership status of the property. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Report of Audit Cost Allocation Analysis For Refuse and Recycling In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Streets Sanitation, Cost Allocation Analysis for Refuse and Recycling, for the period July 1, 1993 to January 31, 1994. Our report allocates all major cost items for the management of waste disposal, recommends centralization and computerization of all such costs and provides management with an overview for future control of the aforementioned costs. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 24 Performance Audit Report Division of Buildings - Licenses In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Buildings - Licenses performance audit report of General Fund Operations for the period July 1, 1991 to December 31, 1993. We found a satisfactory system of management controls present over the issuance and inspection of licensed Bingo and Games of Chance activities. We discovered weaknesses in the computerized recording and reporting for the approximate 88 various types of licenses currently covered by City Ordinances, as well as the need for additional license inspection staff to monitor these various license categories. Also, the Division is in need of tighter controls over the cash receipts collected for the aforementioned license fees. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 25 Consolidated Rail Corporation - Court Order This letter is to inform Your Honorable Body that due to the enclosed Court order, the City of Buffalo is prohibited from further assessing, levying or collecting from consolidated Rail Corporation (Conrail) any ad valorem property taxes for the 1993 tax year in excess of the amount of tax calculated by using Conrail's 1992 "Railroad ceilings" multiplied by the 1993 tax rates. The Court Order will affect City real property taxes for fiscal year 1994-95. The following is an estimate of the real property taxes that the City can expect from Conrail for fiscal year 1994-95. The estimate of Conrail's 1994-95 taxes is calculated per Court order by using the 1993 final Conrail ceiling multiplied by the 1993 tax rate and the 1994 tentative Conrail ceiling multiplied by the 1993 tax rate. Please be aware that this estimate may change when 1994 final Conrail ceilings and City tax rates are determined. Conrail's Real Property Tax Estimate Calculation Ceiling Tax Rate Tentative 1994 = 46,432,421 x .03685 +/- $1,711,468 City taxes due Final 1993 = 35,734,888 x .03685 +/- 1,317,164 City's Maximum Tax * $394,304 * $394,304 is an approximation of City Taxes deposited by Conrail into the Registry of the Court per the Court Order. Therefore, starting with the 1994-95 fiscal year', Conrail will pay approximately $1,317,164 in real property taxes to the City. Per Court Order, Conrail will deposit approximately $394,304 in City real property taxes into the Registry of the Court. The enclosed Court order is being appealed on several grounds by the various levels of government throughout the State of New York. If Buffalo's, the State's Division of Equalization & Assessment's, or any other government's court appeal is successful, the City of Buffalo will petition the Court to release to the City of Buffalo all of its real property taxes deposited in the Registry of the Court. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF ASSESSMENT No. 26 Liquor License Applications Item No. 75, C.C.P. 04-05-94 The above item was referred to this office for a report. We reviewed our tax files to determine if the individuals and/or corporations applying for a liquor license owe real property tax, sewer rent, local assessment and occupancy tax. According to our records, please be advised of the following: 1) 852 Main assessed as 850 Main and assessed to George W. Ollary Jr. shows that the City taxes, occupancy tax and sewer rent are paid. We do not list the applicant, Bill Hardick, as owning property in the City of Buffalo. We do show a "William F. Hardick, 299 Heath Terrace, Kenmore, New York as owning property on 944 West, Buffalo, New York. The City taxes, occupancy tax and sewer rent are paid. 2) 1197 Hertel assessed to Angelo Tenebra, 403 Emerson Drive, Eggertsville, New York shows that the City taxes, occupancy tax and sewer rent are paid. 3) 101 Theater Place assessed as 622-636 Main and assessed to Erie County Industrial Development Agency, c/o Theatre Place Assoc., 701 Seneca Street, Buffalo, New York shows that the City taxes, occupancy tax and sewer rent are paid. The applicant, Eric C. Pellegrino, representing S.P.B. Restaurant Inc. does not own property in the City of Buffalo. It is suggested that the Common Council obtain the names of the principals of the Corporation and we can further check for taxes. 4) 61 Allen assessed as 494 Franklin and assessed to Delaware-Franklin Partner LP, 1420 Millersport Hwy., Williamsville, New York shows that the City taxes, occupancy tax and sewer rent are paid. The applicant Kenneth A. Pratt does not own property in the City of Buffalo. 5) The report for 1122 Hertel was filed with the Colon Council April 5, 1994, Item No. 25. 6) 1111 Fuhrmann assessed as 1053 Fuhrmann and assessed to Niagara Frontier Port Authority is totally exempt, therefore, no property taxes or sewer rent levied. The applicant Canteen Corporation does not own property in the City of Buffalo. It is suggested the Common Council obtain the names of the principals of the Corporation and we can further check for taxes. 7) 4-6 Grimes assessed as 6 Grimes and assessed to Edward Ruznik shows the City taxes, occupancy tax and sewer rent paid. The applicant Cheryl Zielinski does not own property in the City of Buffalo. Her mailing address 88 Grimes, Buffalo, New York is assessed to Michael S. Lostan and Frank W. Lostan, 74 Grimes, Buffalo, New York. The City taxes, occupancy tax and sewer rent are paid. We show nothing under the business name, Gators. 8) 86 Ledger assessed to James H. Naples Jr., 68 Radcliff Road, Staten Island, New York. Our records show that the City taxes, occupancy tax and sewer rent paid. The applicant, Albert Digiulio, owns 1105 Delaware, Buffalo, New York and the following City taxes and sewer rent remains unpaid. 1992-93 City taxes $2,159.57 1993-94 City taxes and sewer rent $4,458.30 Interest computer as of March 31, 1994 It is suggested the Common Council obtain the names of the principals of Goodfellows, Inc. and we will check further for taxes owing. 9) 328 Fillmore assessed as 326 Fillmore and assessed to Harriet T. Urban, 287 Fillmore, Buffalo, New York. Our records show the following City taxes and sewer rent unpaid: 1992-93 City taxes and sewer rent $2,442.65 1993-94 City taxes and sewer rent $1,789.33 Interest computed as of April 30, 1994 The applicant Rosemarie Dycha does not own property in the City of Buffalo. Her mailing address 103 Weimar, Buffalo, New York is assessed to Peter LaCongo, 160 Norwood Drive, West Seneca, New York. The City taxes, sewer rent and occupancy taxes are paid. 10) 1305 Bailey assessed to 16 Roanoke Inc., c/o United Search Corp., 2952 Seneca, West Seneca, New York. Our records show the City taxes, occupancy tax and sewer rent paid. The applicant, James P. O'Mara or the business Crissy's do not own property in the City of Buffalo. It is suggested that the Common Council obtain the names of the principals of 16 Roanoke Inc. and we will further check for taxes owing. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Liquor License 86 Ledger Goodfellow Inc. Item No. 81, C.C.P. 04-19-94 The above item was referred to this office for a report. Please be advised the request to report the status of 86 Ledger was also included in the common Council Proceeding of April 5, 1994, Item 75. 86 Ledger assessed to James H. Naples Jr., 68 Radcliff Road, Staten Island, New York. Our records show that the City taxes, occupancy tax and sewer rent paid. The applicant, Albert Digiulio, owns 1105 Delaware, Buffalo, New York and the following City taxes and sewer rent remains unpaid. 1992-93 City taxes $2,159.57 1993-94 City taxes and sewer rent $4,458.30 Interest computer as of March 31, 1994 It is suggested the Common Council obtain the names of the principals of Goodfellows, Inc. and we will check further for taxes owing. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 28 Claim For Wages Various Employees From April 25, 1994 through May 8, 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 April 25, 1994 through May 8, 1994. George Evans 10 days @ $119.540 per day = $1,195.40 Michael Farrell 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 Commissioner of Public Works dated April 25, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to issue the following payments for time worked from April 25, 1994 through May 8, 1994 to the in addition to any shift differential, holiday or overtime pay; George Evans 10 days @ $119.540 per day = $1,195.40 Michael Farrell 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 PASSED. AYES- 13 NOES- 0. No. 29 Authorized But Unissued Debt and Bond Closeouts Item #13, C.C.P. 318194 The Department of Public Works has reviewed the above item and we recommend the following actions: 1. The following Bonds should be retained: (a) 12/26/90 - $35,000 - Reconstruction of Burrell Street (b) 6/23/92 - $120,000 - Improvements to Ellicott District (c) 9/15/92 - $250,000 - Rehabilitation the Exterior of City Hall. (d) 1/5/93 - $500,000 - Handicapped Access Improvements (e) 6/22/93 - $3.0 Million - Reconstruction at Truscon Building 2. The following bonds should be retained as on-going projects/maintenance: (a) 200-401-501 - $7,175.30 - Delaware Park Lake Restoration (b) 200-717-510 - $1,895.61 - Delaware Park Lake Restoration 3. The following Bonds should be transferred to City of Buffalo Bond Fund 021: (a) 200-401-072 - $540.00 - Reconstruction of South Park Ave (b) 200-401-540 - $92,186.99 - Reconstruction of Court Street. REFERRED TO THE COMMITTEE ON FINANCE. No. 30 Close Out of Bond Accounts Division of Water Item No. 100, C.C.P., 04/19/94 Please be advised the Division of Water requested the Comptroller's Office to close out the following bond accounts because the monies are to small to encumber any new contracts. This money will be used by the Comptroller to pay debt service. 033 - Additions to Water Facilities $ 652.00 041 - Construction Improvements to Water Facilities$ .09 059 - Hydrants, Valves and Pipe Replacement $ 5,690.86 055 - Cleaning of Watermains - South Park Avenue $ .40 075 - Hydrant Replacements $ 6,250.48 I concur with the Comptroller's request submitted to your Honorable Body to close out these accounts. REFERRED TO THE COMMITTEE ON FINANCE. No. 31 Report of Bids Watermain Replacement in Amherst Street and Linden Ave. As authorized by your Honorable Body in Item No. 34 of April 27, 1994 plans and specifications were prepared and sealed proposals accepted for Replacement of Existing Pipe with 12 Inch Ductile Iron Water Pipe along Amherst Street between Delaware Avenue and Colvin Avenue (3,360 L.F.) and the Replacement of Existing Pipe with 8 Inch Ductile Iron Water Pipe Along Linden Avenue from Delaware Avenue to Parkside Avenue (5,020 L.F.). I submit the following report of all bids received which were opened in my office at 11:00 am. on Wednesday, April 20, 1994: Nichter Associates 344 Vulcan Street Buffalo, New York 14207 $ 768,405.00 Mar-Wal Construction Company, Inc. 440 Gould Avenue Depew, New York 14043 $ 893,420.00 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $ 989,920.00 M. Falgiano Construction Company 95 Leslie Street Buffalo, New York 14211 $ 997,700.00 Firstrhyme Construction 3517 Genesee Street Buffalo, New York 14225 $ 998,580.00 E & R General Construction, Inc. 38 St. Davids Drive West Seneca, New York 14224 $1,012,920.00 DiPizio Construction 100 Stradtman Street Cheektowaga, New York 14206 $1,106,930.00 Socko Sewer Services 2788 Monroe Street Niagara Falls, New York 14304 $1,229,750.00 Milherst Construction, Inc. 2601 Millersport Highway Getzville, New York 14068 $1,249,340.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Associates is the lowest responsible bidder complying with the specifications for Watermain Replacement in Amherst Street and Linden Avenue with their bid of $ 768,405.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Nichter Associates for the above work in the amount of $768,405.00 and same be charged to the Division of Water's 416- 982-030 account. The Engineer's estimate for this work was $1,200,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 32 Report of Bids Watermain Replacement Bush, Germain, Howell & Peter Streets As authorized by your Honorable Body in Item No. 35 of April 27, 1994 plans and specifications were prepared and sealed proposals accepted for Replacement of Existing Pipe with 8 Inch Ductile Iron Water Pipe along Bush Street (980 L.F.), Germain Street (1,515 L.F.) Howell Street (1,235 L.F.) and Peter Street (1,390 L.F.) between Amherst Street and Grote Street. I submit the following report of all bids received which were opened in my office at 11:30 a.m. on Wednesday, April 20, 1994: Nichter Associates 344 Vulcan Street Buffalo, New York 14207 $ 518,085.00 Mar-Wal Construction Company, Inc. 440 Gould Avenue Depew, New York 14043 $ 562,450.00 Kissell Excavating Reinlein Road Cowlesville, New York 14037 $ 613,200.00 E & R General Construction, Inc. 38 St. Davids Drive West Seneca, New York 14224 $ 613,290.00 MPJ Contracting 68 Churchill Street Buffalo, New York 14207 $ 642,085.00 Visone Construction, Inc. 79 Sheldon Avenue Depew, New York 14043 $ 677,289.25 Frontier Asphalt 206 Seneca Mall West Seneca, New York 14224 $ 684,000.00 Integrated Waste Specialist Services 131 Industrial Drive Grand Island, New York 14072 $ 722,783.00 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $723,172.00 Klarberg, Inc. 6465 Transit Road East Amherst, New York 14051 $ 723,950.00 M. Falgiano Construction Company 95 Leslie Street Buffalo, New York 14211 $ 737,737.00 DiPizio Construction 100 Stradtman Street Cheektowaga, New York 14206 $ 747,667.50 CMH Company 2067 Old Union Road Cheektowaga, New York 14227 $ 811,675.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Associates is the lowest responsible bidder complying with the specifications for Watermain Replacement in Bush, Germain, Howell & Peter Streets with their bid of $518,085.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Nichter Associates for the above work in the amount of $518,085.00 and same be charged to the Division of Water's 416-982-005 account. The Engineer's estimate for this work was $ 700,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 33 Report of Bids New Windows at Col. Ward Station Complex Phase II As authorized by your Honorable Body in Item No. 55 of November 15, 1983 plans and specifications were prepared and sealed proposals accepted for New Windows at Col. Ward Station Complex, Phase II. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Thursday, April 14, 1994: Nichter Associates 344 Vulcan Street Buffalo, New York 14207 $ 89,475.00 Marcon Erectors, Inc. 1 Howell Street Buffalo, New York 14207 $95,500.00 Stilwell Glass & Window 431 S. Buffalo Street Orchard Park, New York 14127 $97,818.00 All bids have been reviewed by the Division of Water and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Associates is the lowest responsible bidder complying with the specifications for New Windows at Col. Ward Station Complex, Phase II, with their bid of $89,475.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Nichter Associates for the above work in the amount of $89,475.00 and same be charged to the Division of Water's 416-980-043 account. The Engineer's estimate for this work was $ 100,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 34 Change Order No. 3 City Contract No. 91699100 Status Monitoring and Control System Modifications I hereby submit to your Honorable Body the following change order with Ferguson Electric Construction Company, Inc. for work relating to Status Monitoring and Control System Modifications, Contract No. 3, City Contract No. 91699100. New Work Item No. 4: Install float switches in Manhattan Tank, install conduit and wire between the tank and pump station; modification work on the tone equipment and installation of pilot lights at the Ward Manhattan Panel. Increase: $ 4,350.00 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 Amount of Change Order No. 3 - Increase $ 4,350.00 Current Amount of Contract $200,803.00 Funds in the amount of $4,350.00 are available in the Division of Water's 416-Capital Project Fund, 980-029 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Permission to Prepare Plans and Specifications and Advertise for Sealed Proposals for the Replacement of Sidewalks in the South Council District I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the replacement of sidewalks in the South District. This project will include new concrete sidewalks on streets within the boundaries of the South Council District selected by Councilmember Bonnie Kane Lockwood. Funds for this project will be available in Division of Engineering C.B.F. Account #200-401-014. Mr. Pitts moved: That the communication from the Department of Public Works, dated April 26, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Watermain Replacement in Amherst Street and Linden Avenue to Nichter Associates, 344 Vulcan Street, Buffalo, New York, the lowest responsible bidder in the amount of $768,405.00, with said cost to be charged against the Division of Water's 416-982-030 Account. ADOPTED. No. 36 Peace Bridge Plaza and Connecting Roadway System Expanded Project Proposal Attached for your review/approval please find the draft expanded project proposal for the Peace Bridge Plaza. The Department of Public Works has reviewed the proposal and realizes that this is a preliminary planning study. However, of the eight alternatives, only one addresses local access (Peace Bridge Off-Ramp to Porter Avenue; Peace Bridge On-Ramp from Porter Avenue and Thruway North-bound Off-Ramp at Porter Avenue) and in discussions with the Peace Bridge Engineers (Sear-Brown Group) we have been advised that they will neither design nor fund the Porter Avenue Off-Ramp from the mainline Thruway. The Department of Public Works and the Department of Community Development have reviewed this proposal and we believe that this off-ramp is a major component for the proposed revitalization for the Porter Avenue Commercial District. For this reason I recommend that said proposal be rejected. In closing I suggest that your Honorable Body schedule a council briefing for this project. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 37 224 Allen Street Requests Permission to Install Sidewalk Cafe Mr. Robert Lesser, owner of the Topic Cafe, located at 224 Allen Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 20 feet in length and project 4.5 feet from the building face into City right of way. The Department of Public Works has reviewed Mr. Lessers application pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public works, Division of Buildings. 3. That the sidewalk cafe does not exceed 20 feet in length or extend more than 4.5 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 38 120 Delaware Avenue Requests Permission To Install Signs Within Right of Way. Mr. Paul Scouras, owner of the Towne Restaurant, located at 120 Delaware Avenue, has requested permission to install two signs which encroach City right of way at said address. The proposed signs would measure 3 feet in length, 7 feet in height and be attached perpendicular to the building face on both Delaware Avenue and Mohawk Street. The Department of Public Works has reviewed Mr. Scouras' application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a 'Mere License" for said installation provided the following conditions are met: 1. That the application obtain any and all other City of Buffalo permits necessary for said installation. 2. That the signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said signs. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 39 561 Forest Avenue Requests Permission To Install Sidewalk Cafe Mr. Frank Delsignore, owner of the Bourban Street Restaurant located at 561 Forest Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 40 feet in length and project 8 feet from the building face into City right of way. The Department of Public Works has reviewed Mr. Delsignore's application pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public works, Division of Buildings. 3. That the sidewalk cafe does not exceed 40 feet in length or extend more than 8 feet form the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 40 318 Howard Street Permanent Encroachment Within Right of Way Mr. Joseph Sahlen, President of Sahlen's Packing Co., located at 318 Howard Street, has requested permission to install an enclosed exit within City right of way at said address. The proposed enclosure would measure 14 feet in length, project 4 feet into City right of way and be located on the Coit Street side of the property. The Department of Public Works has reviewed Mr. Sahlen's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the enclosure be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the enclosure does not in any way extend into the existing public sidewalk. 4. In the event that the Commissioner of Public Works determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner may order the immediate removal of said encroachments as described in Chapter 413-67 (Encroachments) of the City Ordinances. 5. That the applicant supply the Department of Public Works with a $10,000 construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said enclosure. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 41 Amendment To Consultant Contract Erie Basin Marina Phase IV Item #35, C.C.P. 4/13/94 I hereby submit to Your Honorable Body the following amendment to the consultant contract for Phase W of the Erie Basin Marina Project. In the existing contract, lands were appropriated for minor repair work to the concrete observation tower. While performing this work, it became evident that the tower would need more work than was originally anticipated. Therefore, I respectfully request Your Honorable Body to authorize the Commissioner of Public Works to amend the present contract with T.V.G.A. Engineers to perform a study to evaluate the extent of work which may or may not be needed. Funds for this work will be made from existing Bond Funds 200-401-088 and 200-401-532. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Erie Basin Marina Lease Enclosed is a re-cap of the most recent proposal from the Sabres for use of the Erie Basin Marina. This proposal offers the City 80% of the slip rental increases along with 15% of fuel sales. I think the proposal has merits and is definitely beneficial to the City. I spoke with Greg Ivancic, the attorney representing the Sabres, and he indicated to me that their offer will contain a stipulation that would allow them to pull out of the deal after the first year if they felt that the operation was not profitable for them. I am not totally satisfied with having that article in the contract but I can understand the Sabres concern and I will not object to it. Mr. Ivancic will be faxing a copy of the proposed lease to both of us on this date for our review. Please let me know if you need anything additional from me for any submittals to the Council. RECEIVED AND FILED. FROM THE COMMISSIONER OF PARKS No. 43 Appt. Supervisor Recreational Activities Item #43, CCP April 19, 1994 I am writing in response to the inquiry made regarding the above referenced item. The appointment was made at the maximum salary level because Ms. Conser has been an employee with the Department of Parks since 1982 and reached the maximum of her former title. We are following the guidelines as set in the agreement between the City of Buffalo and Local 650. I am quoting now from Article III, 3.1 Salary and Adjustment, "(D) An employee whose date of hire was prior to July 1, 1983 and is subsequently promoted or changes job titles will fall under the old three (3) step salary schedule. Consequently, the appointment was made at the maximum level. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 44 Comments Parks Conservancy Task Force Interim Report Item No. 79 C.C.P. April 19, 1994 Since I have become Parks Commissioner in January, 1994, I have worked very closely with Councilmember Franczyk's Buffalo Parks Conservancy Task Force. I took an active role in the discussions and am in full agreement with the findings of the Committee. I place special emphasis on Item # 4 in the summary of findings which states that Buffalo Parks and Recreations "allocation is less than one percent of the total budget, far below the national average". I would also like to emphasize Item # 5 which recommends that at least some of the Dollars raised by the Department should come back to the Department as a way to increase the Parks Department's budget allocation. In other words, the Department needs an incentive to raise additional revenue. As an example, if a percentage of the revenue were coming back to the Department, it would enable us to place staff (golf rangers) to patrol our golf courses and enforce the permit policy thus increasing revenue. RECEIVED AND FILED. FROM THE COMMISSIONER OF POLICE No. 45 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, attached hereto, please find copies of the following checks: 8155-00096764 $1641.00 8155-00096760 $1339.20 Total $2980.20 The above referenced property has been administratively forfeited by the Drug Enforcement Administration (DEA). These checks were received by this Department and duly deposited in Trust & Agency Account # 630-065-271-00-000. RECEIVED AND FILED. No. 46 Certificate of Appointment Appointment effective April 18, 1994 in the Department of Police David Moran, 73 Avery Avenue, Buffalo 14216, to the position of Budget Examiner, Permanent, at the Intermediate starting salary of $33,173. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 47 Permission to Transfer 1021-1027 Broadway Opinion No. 94-57 Item No. 62, C.C.P., 4/19/94 Your Honorable Body has requested an opinion regarding the City's ability to obtain title to the BURA owned property known as 1021-1027 Broadway. Due to the unsafe condition of the property, the City seeks to acquire title to it. BURA does not have the funds to demolish it, and City bond funds cannot be used on BURA owned property. State law empowers the City "to take by gift, grant, bequest or devise and to hold and administer real and personal property within or without the limits of the city, absolutely or in trust for any public or municipal purpose, upon such terms and conditions as may be prescribed by the grantor or donor and accepted by the city." The General City Law, Article 2A, Section 20, Subdivision 3. With public safety playing a key role in the City's decision to acquire the property, it is clear that a public purpose exists. BURA, as the owner, can transfer the title to the property to the City, subject to whatever conditions the City will accept. In this instance, BURA's only goal is the demolition of the building. That objective should be very acceptable to the City. State law also empowers BURA "to convey, assign, grant or otherwise transfer all of its right, title and interest in any urban renewal program, or part thereof, or any right, title or interest in or to any real or personal property, contract, claim or other interest acquired or held by it in connection with such program, or part thereof, with or without consideration, to the municipality, subject to the prior approval of the governing body, upon such terms and conditions as may be reasonable and appropriate to effectuate such transfer. . ." The General Municipal Law, Article 15-A, Section 554, Subdivision 19. BURA's Board of Directors has already voted to approve the transfer, so there are no restrictions on their ability to give the property to the City. It is the opinion of the Law Department that the City may accept the transfer of title of 1021-1027 Broadway from BURA. RECEIVED AND FILED. No. 48 Delay Demo. - 472 Sycamore Opinion No. 94-61 Item No. 83, C.C.P., April 5, 1994 Your Honorable Body has requested an opinion regarding the property located at 472 Sycamore Street. In September 1992, Deniz and Gail Pirincci donated the property at 472 Sycamore to the City Mission. When the City Mission accepted the deed, they were unaware that there were three years of taxes due, totaling $3,417.91. Unaware that the property changed owners, the City continued to send notices to the Pirinccis and, in June 1993, the City ran a title search after foreclosing on the property. The search revealed the owners to be Deniz and Gail Pirincci. The City Mission recorded their deed with the County Clerk's Office in July 1993. Since the earlier title search did not reveal anything new, the City continued to send notices to the Pirinccis. In October 1993, the property was offered in the In Rem auction. There were no bidders and the property was struck to the City. The City recorded its Referee's Deed in December of 1993. Due to the condition of the property, the City requested a demolition order in January 1994. In February 1994, the demolition contract was bid, awarded, and subsequently released to the contractor. As the building was being prepared for demolition in March 1994, the City Mission notified the City that they owned the building. The Division of Real Estate then halted the demolition pending the resolution of this matter. Section 291 of the Real Property Law maintains that any conveyance not recorded in the County Clerk's Office is void against anyone (1) who subsequently acquires the property from the original owner in good faith, (2) for a valuable consideration, and (3) duly records the conveyance. The City of Buffalo has the superior claim to the title to the property. The City Mission failed to record their deed in a timely manner. If the City Mission had recorded their deed immediately upon receipt, it would have been detected by the City's title search. The City acquired the land in good faith, believing the original owners were rightfully foreclosed upon. The taxes owed serve as valuable consideration for the conveyance. By filing its deed in a timely manner, the City recorded its interest in the property, despite the fact that the City Mission recorded its deed first in time. It is the opinion of the Law Department that 472 Sycamore Street is owned by the City of Buffalo, and the halt on the demolition can be lifted. REFERRED TO THE COMMITTEE ON FINANCE. No. 49 Appointment Director of Planning Opinion No. 97-58 Item No. 56, C.C.P., 4/19/94 Your Honorable Body has inquired whether the ninety-day period granted to Director of Planning appointee Kevin T. Greiner to establish residency is valid. Pursuant to the Code of the City of Buffalo, as amended by the Common Council, the provisions of the Code requiring residency "may be waived by the appointing authority upon a finding that the best interests of the city will be served thereby, provided that the municipal civil service commission consents to such waiver, and provided further that no such waiver shall be granted for more than six months." The Code of the City of Buffalo, Section 35-6 (c). Commissioner Bicz is acting within his powers to make the appointment and waive the residency requirement for Mr. Greiner. However, the consent of the Municipal Civil Service Commission is required to make the waiver effective. The language of the ordinance amendment does not prohibit a shorter period of time for the waiver. As long as the waiver does not exceed six months, the appointing authority can impose whatever time limit he desires. The ninety-day period granted to Director of Planning appointee Kevin T. Greiner to establish residency is valid. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 50 Cable Television Rate Regulation Item No. 202, C.C.P. 10/19/93 You asked this office to file an application with the Federal Communication Commission ("FCC") for certification to regulate cable television basic service rates in the City of Buffalo. The following is a status report. We have attached a proposed resolution that is required before the City can begin to regulate basic cable service rates. After passage of the proposed resolution, or its equivalent, the next step is to serve notice on the cable operator that the City has adopted the required regulations and is initiating regulation of basic cable service. The resolution must be passed on or before June 3, 1994. As always, this office stands ready to assist in telecommunication affairs. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 51 Base Salaries of Exempt Personnel Opinion No. 94-60 Item No. 182 CCP 4/19/94 Item No. 179 CCP 4/19/94 Your Honorable Body has requested an opinion regarding whether the Council may approve resolutions that will prevent the 5% raise due to occur on July 1, 1995 from taking effect for exempt City employees in the Police Department, Fire Department, all other departments and the Comptroller's departments. Pursuant to Section 453 of the Charter of the City of Buffalo, the Council has the exclusive power to fix the salary of every city employee except city-elected officials and the Board of Education. Section 453 provides certain guidelines for exempt employees in the Police Department, Fire Department and members of Local 650. When the base salary of full-time employees increases a certain percentage, the aforementioned exempt employees' salary shall also increase. In order to fix the employees' salaries, written recommendation from the head of the department involved and the Director of the Budget must be received. If the request includes the head of the department, the written recommendation of the appointing power is also required. To proceed further on the action sought by the resolution, the Council must receive the written recommendations from all the heads of the departments affected by the resolution, and the written recommendation from the Director of Budget that concurs with the fixing of the salaries. Upon receipt of the required recommendations, the Council may vote to approve the resolution. If the resolution is passed, then it will take effect. REFERRED TO THE COMMITTEE OF THE WHOLE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 52 Enter Contract Conversion School 62 Phase 2 - Community Center Item No. 55, C.C.P. 04/13/93 Reference to C.C.P. No. 55 of April 13, 1993 whereas Your Honorable body authorized the Department of Community Development to enter into contract with M.A.C. Associates of 2050 Elmwood Avenue, Buffalo, New York to prepare drawings and specifications for Phase 2 of the conversion of School 62 at 376 Urban street. This phase includes provisions for a Community Center with day care and recreational facilities including a gymnasium with lavatories and showers. Due to years of neglect and our severe winter, a large portion of a rear wall has sustained structural damage with a large number of bricks falling and missing causing an area of the building to open to the weather. M.A.C. Associates has been involved in the project since November 14, 1989, per C.C.P. #50 and has performed well on all work completed to date. Accordingly in the interest of stabilizing the building and completing all work listed as soon as possible, I request permission to enter into contract with M.A.C. Associates on a force account basis whereas the contractor will be paid for his time and materials plus an allowance of 15% for overhead and profit, not exceed $250,000. The contractor has agreed to perform all work specified for $230,800 including overhead and profit. The requested contract amount of $250,000 includes an allowance of $19,200 as a field order reserve. The Project Architect has estimated the work at $265,000. Funds for this contract are available in our Capital Projects Account #200-717-095. Mr. Pitts moved: That the communication from the Commissioner of Community Development dated April 7, 1994, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to enter into a contract with M.A.C. Associates for Phase 2 of the conversion of School 62 at 376 Urban Street at a cost not to exceed $250,00, which includes an allowance of $19,200 as a field order reserve. Funds for this contract are available in the Capital Projects Account #200-717-095. PASSED. AYES- 13 NOES- 0. No. 53 Report of Bids Lang Weber Field New Play Area & Reconstruction As authorized by Your Honorable Body, Item No. 56 C.C.P. 4/5/94, the Department of Community Development, prepared plans and specifications and accepted sealed proposals for Lang Weber Field New Play Area & Reconstruction. I submit the following report of all bids that were received and publicly opened on April 27, 1994: BIDDER BASE BID ALT. 1 ALT. 2 ALT. 3 ALT. 4 ALT. 5 Buffalo Creek Landscaping, Inc. 11800 Route 20A Wales Center, N.Y. 14169 $120,993 $10,775 $450 $+300 $+1,200 $+3,064 Birch Grove Landscaping & Nursery Inc. P.O. Box 117 East Aurora, N.Y. 14052 $129,055 -10,043 -807 +457 +500 +1,269 G.B.H. Paving, Inc. 24 Willow Green Drive Amherst, N.Y. 14228 $135,525 -10,570 -500 0 +2,000 +3,273 Gleason's Nursery Inc. 4780 Sheridan Drive Williamsville, N.Y. 14221 $146,862 -9,400 -600 0 +600 +2,500 American Paving and Excavating Inc. 5880 Thompson Road Clarence Center, N.Y. 14032 $150,000 -10,000 -1,000 -1,000 +650 +1,500 B.D.R. Inc. 3480 Benzing Road Orchard Park, N.Y. 14127 $154,444 -10,000 -600 +1 +1,600 +5,350 L.C.P. Construction Corp. 589 Northland Avenue Buffalo, N.Y. 14211 $208,420 -9,200 -300 +6,800 +1,600 +2,800 Designer's Estimate $140,000 The proceeding is a true and correct abstract of all bids received and Buffalo Creek Landscaping, Inc. is the lowest responsible bidder. Funds for this work are available in C.P.A. 200-717-072. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Buffalo Creek Landscaping, Inc. in the base bid amount of $120,993 plus Add Alternates Nos. 3,4, and 5 in the amounts of $300, $1,200 and $3,064 for a total contract award $125,557. Alternate No. 3 changes the safety surface from sand to wood fiber, Alternate No. 4 will plant four trees and Alternate No. 5 will topsoil and seed the areas between the sidewalks and curbs. Mr. Pitts moved: That the communication from the Department of Community Development, Division of Development, dated April 27, 1994, be received and filed; and That the Commissioner of Community Development he, and he hereby is, authorized to award a contract for a new play area and reconstruction for Lang Weber Field to Buffalo Creek Landscaping, Inc., 11800 Route 20A, Wales Center, New York 14169, the lowest responsible bidder in the amount of $125,557.00, with said cost to be charged against the Division of Development's C.P.A. 200-717-072 Fund. PASSED. AYES- 13 NOES- 0. No. 54 Report of Informal Bids Massachusetts Avenue Playground Temporary Fence The Department of Community Development requested and received the following informal proposals; on April 26, 1994, for the required temporary fencing after the construction of the community built playground at the Massachusetts Avenue Playground: BIDDER AMOUNT OF BID Armor Fence Co. of W.N.Y. Inc. $1,927 4789 Bussendorffer Road Orchard Park, New York 14127 City Fence $2,646 6047 Transit Road East Amherst, New York 14051 Amherst Superior Fence No Bid 338 Crosby Boulevard Amherst, New York 14226 Oneida Sales & Service No Bid 417 Northumberland Avenue Buffalo, New York 14215 Anchor Fence of W.N.Y. Inc. No Bid P.O. Box 0058 Orchard Park, New York 14127 Designer's Estimate $2,500 The foregoing is a true and corrects abstract of all bids received and Armor Fence Company of W.N.Y., Inc. 4789 Bussendorffer Road, Orchard Park, New York 14127 is the lowest responsible bidder in the amount of $1,927. Funds for this work will be available in Community Development Capital Project Account 200-717-069. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Armor Fence Company of W.N.Y., Inc. in the amount of $1,927. Mr. Pitts moved: That the communication from the Department of Community Development, dated April 26, 1994, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for temporary fencing after the construction of the community built playground at the Massachusetts Avenue Playground to Armor Fence Company of W.N.Y., Inc., 4789 Bussendorffer Road, Orchard Park, New York 14127, the lowest responsible bidder in the amount of $1,927.00, with said cost to be charged against the Department of Community Development's Capital Project Account 200-717-069. PASSED. AYES- 13 NOES- 0. No. 55 Asbestos Surveys, Testing and Removal Design Services 1029 and 1031-33 Broadway On Wednesday April 27, 1994 the Department of Community Development received proposals from environmental consulting firms pertaining to asbestos building surveys, testing and removal design services for the vacant city owned structures at 1029 and 1031-33 Broadway. A summary of proposals received is as follows: FIRM FEE 1.) Chopra - Lee Inc. $6,700.00 1741 Baseline Road Grand Island, N.Y. 14072 2.) Edward O. Watts, P.E., P.C. $9,300.00 1331 North Forest Road Williamsville, N.Y. 14221 3.) Jack Eisenbach Engineering, P.C. $9,500.00 291 Genesee Street Utica, N.Y. 13501 Asbestos building surveys and testing are mandated by the N.Y. State Department of Labor, Code Rule # 56 in anticipation of a demolition project involving 1029, 1031-33 and 1021-27 Broadway. Asbestos survey and testing has already been completed for 1021-27 Broadway. All three structures are on the south side of Broadway between Clark and Lombard Streets and are deteriorated to point where demolition is the only viable alternative. I therefore recommend that dour Honorable Body authorize the Commissioner of Community Development to enter into a contract with Chopra-Lee Inc. for asbestos related services as set forth above. Funds for this work are available in Bond Fund #200-717-046. Mr. Pitts moved: That the communication from the Department of Community Development, Division of Development, dated April 28, 1994, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract pertaining to asbestos related services for the vacant city owned structures at 1029 and 1031-33 Broadway, to Chopra-Lee Inc., 1741 Baseline Road, Grand Island, New York 14072, the lowest responsible bidder in the amount of $6,700.00, with said cost to be charged against Bond Fund #200-717-046. PASSED. AYES- 13 NOES- 0. No. 56 Oak Street Redevelopment NYR-197 Buffalo Hearing and Speech Center Disposition-Parcel 4B N/W/C E. North and Ellicott The City of Buffalo Urban Renewal Agency duly designated Buffalo Hearing and Speech Center and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed 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 Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 57 Analysis - Waste Disposal Tonnage In answer to your communication dated April 21, 1994, please find Analysis of Waste Disposal Tonnage for fiscal year 7/1/93-6/30/94. In answer to your question regarding recycling summonses; the present summons does not include recycling ordinance violations. The Councilmembers were invited to view the 60/40 recycling-garbage truck on Wednesday, April 27, 1994. REFERRED TO THE COMMITTEE OF THE WHOLE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 58 Representative Named To Design Review Task Force Item #179 CCP, March 8, 1994 As per your request of March 9, 1994, I have designated James Speciale of the Division of Community Revitalization, as my representative to serve on this Task Force. RECEIVED AND FILED. No. 59 Info - 724-726 Northampton New Home Construction I am responding to the attached correspondence from Ms. Renee Jackson regarding the purchase of a home to be constructed at 724 - 726 Northampton. This lot is currently owned by the City. We have been informed by JRC Realty (Craig Robinson, agent) that they will formally request that this site be added to the Land Disposition Agreement for the Kingsley New Housing Program. (The amendment to add this site was presented to the Economic Development Committee on March 29, 1994.) Ms. Jackson has qualified for assistance under the NYS AHC New Housing program and subsidies from this program are assigned to the Kingsley project. There are no CDBG funds available for the Kingsley project at this time. According to JRC, as of March 31, 1994, the contract with Ms. Jackson had not yet been fully executed. My staff will continue to work with Ms. Jackson, JRC Realty Company and James Management, Inc. to ensure that this site is made available to Ms. Jackson and that all necessary agreements are amended to include this site. RECEIVED AND FILED. No. 60 Report of Pre-Demolition Asbestos Removal For The Following Buildings Please be advised that Pre-Demolition Asbestos removal bid offers were solicited by our department on April 8, 1994 and that the contract will be awarded to the following responsible bidders: Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of asbestos. ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 599 Goodyear & Garage Great Lakes Abatement Co., Inc. . City of Buffalo $1613.00 208 Townsend Zeon Corporation City of Buffalo $5350.00 905 Smith & Garage Zeon Corporation City of Buffalo $3700.00 264 Coit & Garage Zeon Corporation City of Buffalo $3900.00 We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Capital Outlay Fund #100-241-085-00-900. Mr. Pitts moved: That the communication from the Commissioner of Inspections and Community Revitalization, dated April 22, 1994, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to award a contract to the following responsible bidders for pre-demolition asbestos removal from 599 Goodyear and Garage to Great Lakes Abatement Co., Inc., in the amount of $1,613.00; 208 Townsend to Zeon Corporation, in the amount of $5,350.00; 905 Smith & Garage to Zeon Corporation, in the amount of $3,700.00 and 264 Coit & Garage to Zeon Corporation, in the amount of $3,900.00, with said cost to be charged against the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 13 NOES- 0. No. 61 Report of Emergency Bids for Demolition for Various Properties Within the City Due to the very serious and hazardous condition of the buildings listed below, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 12, 1994 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1527 Fillmore & Garage Integrated Waste Special Services City Of Buffalo $7270.00 119 Herman Integrated Waste Special Services City of Buffalo $3980.00 286 Detroit Integrated Waste Special Services City of Buffalo $5175.00 43 Townsend Integrated Waste Special Services City of Buffalo $4925.00 234 Peckham Integrated Waste Special Services City of Buffalo $6140.00 33 Lord Integrated Waste Special Services City of Buffalo $4590.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully report to your Honorable Body that the cost of the projects is to be charged to the Capital Outlay Fund #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated April 21, 1994, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Integrated Waste Special Services at a cost of $7,270.00, relating to 1527 Fillmore & Garage; at a cost of $3,980.00 relating to 119 Herman; at a cost of $5,175.00 relating to 286 Detroit Street; at a cost of $4,925.00, relating to 43 Townsend; at a cost of $6,140.00, relating to 234 Peckham; at a cost of $4,590.00, relating to 33 Lord, is hereby confirmed, ratified and approved, with said cost to be charged against Capital Outlay Fund #100-241-085-00-900, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 62 Demolition of 92 Johnson- Owner Request To Remove Property From Foreclosure Item No. 84, C.C.P. 3/22/94 In reference to the inquiry made by your Honorable Body into the demolition of 92 Johnson Park, we wish to inform you that the Department of Inspections and Community Revitalization specifically adheres to the Charter and Ordinance Section 113 in the Disposition of Derelict structures. Our records indicate that on or about November 16, 1989, demolition of the subject structures were completed. In the course of this activity the Division of Housing and Property Inspections has expended $3200.00. We feel that this amount should be repaid to the City of Buffalo We trust this will satisfy your inquiry. If you have any questions please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 63 Delay Demo-472 Sycamore Item No. 83, C.C.P. 4/5/94 With regard to the above subject please be advised upon commencement of the demolition of the property known as 472 Sycamore Avenue, the Division of Housing and Property Inspections was notified that this parcel was owned by the City Mission. Apparently 472 Sycamore was donated to the Mission by the former owner without filing a deed in County Hall. After city foreclosure procedures the Department of Audit and Control requested demolition of this building. Currently demolition activity has been suspended awaiting a final decision by the Department of Audit and Control. We trust this will satisfy your inquiry. Should you require further information please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 Plan For Transfer Of Real Estate Function To Community Revitalization The City Division of Real Estate has been hampered by a lack of personnel and capitol resources to invest in properties which are City owned, generally as a result of tax foreclosure. The Division of Community Revitalization has the staff capacity, funding streams and expertise to greatly reduce the volume and to improve the quality of properties owned by the City of Buffalo in future years. The single family (1 - 4 unit homes) inventory should and can be reduced through the redevelopment and re-sale of homes to low income owner occupants. Simply stated, the City inventory is in poor physical condition. Most of the homes owned by the City are both sub-standard and occupied. Caution must be noted with regard to the fact that, although resources are available to rehabilitate these homes, property owned by the City cannot (per regulation) be rehabilitated while title is vested in the City of Buffalo. We can assist these buildings however, by utilizing the Urban Homestead Program administered by Community Revitalization in conjunction with neighborhood based housing development agencies. (Title is transferred to the Homesteader prior to rehabilitation) CONSIDER: * All relevant staff must be allowed input and a timeline of action steps must be established. * The actions/strategies herein will require the approval of the Common Council and Buffalo Urban Renewal Agency. * In order for Community Revitalization to absorb the Real Estate function, current staff positions specific to clerical and property maintenance functions and currently assigned to the Division of Real Estate must be transferred. The funds to support property maintenance, insurance coverage and an advertising budget will also be necessary. * Rehabilitation Analyst, Project Managers and Land Disposition positions are presently funded in the Division of Community Revitalization to absorb a major portion of the work-load anticipated in the transfer of 1 - 4 unit property to Community Revitalization. C.B.O.'s are funded to assist in marketing homestead units. * In nearly every case the property comes to City ownership via tax foreclosure. It should be an adopted policy to inspect every property immediately after the City takes title. If the building is sub-standard and occupied, policy requires that the occupancy be terminated as a matter of tenant safety by the City. Most of these homes are not fit for occupancy and should be vacated. * Property must be vacant prior to transfer to Community Revitalization or the Uniform Relocation Act may be triggered. Relocation holds the potential to cost many thousands of dollars if it occurs as a direct result of federally funded programs. * Property deemed suitable for rehabilitation and re-sale will need to be insured to indemnify the City with regard to damages, litigation, etc... * The most advantageous strategy for the long term would be to negotiate with private lenders for a dedicated pool of acquisition funding. Community Revitalization staff could actually bid for better properties at City and County auctions. The "rehab and re-sell" strategy would be enhanced by adopting measures that will improve the general quality of homes moving from tax foreclosure to owner occupancy via Urban Homestead Program. * All mixed-use and commercial property should be assigned/transferred to the Dept. of Community Development for a similar Land Disposition process. * Any rental/sales proceeds must be returned as program income to appropriate accounts for use in addressing future properties and to support the cost of on-going efforts to recycle abandoned and surplus homes. * Any vacant land suitable for residential redevelopment should also be assigned to Community Revitalization to support the new construction program. * Demolition funds must be secured or addressed in some way. * Education of buyers must be considered prior to wholesale expansion of Homesteading. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 65 Connecticut Street Corridor The Department of Inspections and Community Revitalization requests approval an allocation of $303,000 in HOME funds to provide subsidies for the construction of twelve townhouse units in the Connecticut Street Corridor. Gal Van Developers is proposing to construct 21 two and three bedroom raised townhouses in the Connecticut Street Corridor. Nine units will be constructed on the corner of Normal and Connecticut (Connecticut Square) located at 198-200 Normal and 355 Connecticut. Seven additional units will be built on Connecticut and 15th Street (Connecticut Corridor) and the Market Place on the opposite comer of Connecticut Street and 15th Street will be redeveloped to create five units within the Market Place (Market Square). Units at the Connecticut Square and Connecticut Commons sites will be approximately 1,100 square feet and will have parking located under each unit The two models in the Market Square site will feature three bedrooms and will be approximately 1,600 and 2,000 square feet with parking also located under each unit The sixteen townhouse units at Connecticut Square and Connecticut Commons will feature two bedrooms and will sell for $63,000. Twelve of the purchasers of these units will receive a HOME program subsidy of $25,175. Approximately $6,675 will be used to buy down the interest on a 30 year mortgage to approximately 4.875% and a principal reduction subsidy of $18,500 will also be provided to further reduce the cost to the buyers. These mortgages will be provided by M & T Bank. The principal reduction subsidy will be provided as an interest free loan to the buyers and will remain as a lien on the property for a period of twenty years (i.e.. for the HOME regulatory period). This interest free loan may be assumed by a new buyer if the home is sold within the twenty year period. In order to comply with federal regulations regarding the use of HOME funds for new construction, all buyers who (either as original buyers or under the resale provisions of the program) must meet the HUD low/mod (80% of median) income guidelines. Total subsidies provided to each buyer will be $25,175 for a total of $302,100 in HOME funds. The remaining balance of $900 in HOME funds will be set aside to alleviate unforeseen subsurface problems, as needed. Unused funds will be returned to the HOME general account following completion of the project. The city will retain a security interest in each property to ensure affordability of the units in accord with HOME regulations. An additional allocation of $150,000 has been provided by Niagara District Councilmember Perla to provide subsidies for the remaining nine units in this project. All five of the subsidies for the units in the Market Square component and four of the subsidies for units in the Connecticut Square and Connecticut Commons components will be funded with CDBG funds. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 66 Use of Hand Held Computers By PVB Resolution #166, C.C.P. April 19, 1994 In reference to the above resolution, please find two memos on the above topic that may shed some information on your concerns regarding the hand held computers. These memos were written by Kathleen Marciano, Operations Supervisor in the Division of Parking Enforcement and Charles Leone, Sr. Management Analyst, Division of Budget & Management. In general, our position is to support the continued use of the hand held computers; not only do they increase efficiency in ticket writing, but they have significant positive impact on the administrative burden in PVB. We have included in the first memo some suggestions that may address shortcomings of the computers. Also, as requested, attached please find the maintenance reports, contract and warranties. REFERRED TO THE COMMITTEE OF THE WHOLE AND LOCAL 264. No. 67 Certificate Of Appointment Appointment effective 4/27/94 in the Department of Administration & Finance, Division of Treasury , Joyce Giangrosso, 33 Crestwood, Buffalo 14216, to the position of Teller, Temporary, at the Maximum starting salary of $23,938.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 68 Agreement Between Caring Is Sharing, Inc. and Division of Substance Abuse Services/ BMHA/HUD Project. Attached, please find for your approval, an agreement between Caring is Sharing, Inc. and the Division of Substance Abuse Services/BMHA/HUD Project. Mr. Pitts moved: That the communication from the Commissioner of Human Resources, dated April 26, 1994, be received and filed; and That the agreement between Caring is Sharing, Inc. and Division of Substance Abuse Services/BMHA/HUD Project be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. FROM THE BOARD OF EDUCATION No. 69 Consolidation Memorandum Of Understanding The Buffalo Board of Education Members and the Superintendent of Schools, along with his staff, support the concept of consolidation for the Board of Education and the City of Buffalo in areas where it is feasible and where it would not create undue hardships. Superintendent Thompson has publicly and privately mentioned (to BFPC officials) that the concept of consolidation for the mail desk is not feasible, however the other three areas (Purchase, Data Processing and Print Shops) should be explored in great depth by the technicians in those departments. The first phase, as the Board of Education understands it, will be to explore the Purchasing functions of the Board and the City to determine if: 1. The Board and the City can work together on like purchases in order to receive greater discounts, or 2. The Board's operation can incorporate the City's purchasing function into their system, or 3. The City's operation can incorporate the Board's purchasing function into their system, or 4. The systems are both necessary and should remain status quo, or 5. The Board's and City's operations can be contracted out to a private sector purchasing company. The Board of Education Members have passed this Memorandum of Understanding at the April 27, 1994 Board Meeting and stand ready, willing and able, along with the Superintendent to support the exploration of consolidation in three aforementioned areas. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 70 Location of New School Item #187, C.C.P. March 8, 1994 The Board of Education has experienced situations where advance notice of land acquisition or interest therein has caused a significant increase in asking price (I am sure this has also happened to the City). The Board of Education is looking at several sites for the Northwest Academy and, to date, only a handful of people are aware of the sites. The Board of Education Board Members currently do not know which sites are being considered. Thus, l do not feel it would be fair to share this information with others prematurely. I assure you as soon as the School District locates suitable property for the site that the Board Members, Council Members and the Community Development Office will be contacted. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 71 Use Of Older Furniture By The Board of Education Res. No. 163, C.C.P. March 22, 1994 The Buffalo City School District functions as the facility manager for over 8 million square feet of city owned property. The overwhelming majority of this space is dedicated to instructional program needs. One of the responsibilities of this facility management activity is to routinely replace deteriorated or obsolete furnishings. As reflective of the use of space, the overwhelming majority of obsolete furniture and equipment is instructional related equipment. The district began an innovative program during the 1992/93 school year to dispose of this obsolete equipment. The district procured the services of a professional auctioneer and utilized the bus garage at the Joseph F. Jones Service Center, 95 Bailey Avenue, to conduct a public auction. I have attached the offer sheet from that auction and a summary of its results. Based on the success on the initial effort the district recently held the second annual auction using similar methodology for which the district received approximately $24,000 in total bids (offer sheet attached). Your review of the two offer sheets will provide a good idea of the usual nature of deteriorated and obsolete equipment we receive in a typical school year. The majority of obsolete furniture consists of old style student desks. Very little of the furniture replaced would fit in the category of adult sized furniture. I believe the district has and will continue to cooperate with other city departments regarding transfers on an as needed basis of this obsolete equipment. The question of transfer of this equipment to not for profit agencies would more properly be addressed by the Corporation Counsel's office. Based on a favorable legal opinion, the district would be pleased to cooperate on an as available, as is basis. Procedural details of this initiative could be handled by Service Center staff. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE CITY CLERK No. 72 Authorization For Funding-Storage Of City Tax Records There is a serious condition that exists in the sub-basement of City Hall regarding the storage of the original and only copies of tax rolls dating back to 1826. Highlighted here are some of the immediate problems: 1) The area is unsecured. 2) The area is subject to frequent flooding. 3) The pipes leak. 4) Unauthorized personnel are always accessing the volumes. 5) Over the years the books have become brittle, wet and in some cases, still have active mold. In less than 10 years, these books, for all intentions and purposes, will be totally unsalvageable. For example, the Hurd decision tax rolls were placed on shelving directly below the basement urinals which leaked for a number of years. These are permanent records and cannot be destroyed until another certified, permanent record of them is made. The only accepted medium for this is microfilming; however, the early cost estimates are in the neighborhood of $150,000. The short term solution is outside storage in a secure bonded facility. I have inspected two facilities: Lincoln Storage and Tri Main Street. Both appear suitable and are certified fireproof. Each would allow space for in house microfilming. The problem I am now encountering is the identification of a funding source. Approximately $3,000 is needed for the cleaning, moving and storage of the volumes for one year. After that, yearly storage costs should remain below $2,000. I understand that the City is in the midst of a fiscal crisis and funding is low, but as this is part of the City of Buffalo's history, and since there are no other copies, the time to act is now. I am therefore requesting your permission to use excess funds identified in the #100-010-001-00-573 line of the Common Council to enter into an agreement with either Lincoln Storage or Tri Main Street. The contract will be submitted to the Common Council for final approval. Thank you for your consideration. Mr. Pitts moved That the City Clerk be, and he hereby is, authorized to use excess funds identified in the #100-010-001-00-573 line of the Common Council Budget to enter into a contract for storage of City Tax Records as further described in the above communication. ADOPTED. No. 73 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Division of Water RECEIVED AND FILED. No. 74 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 47 E. Mohawk St. G.T.M. Downtown, Inc. 141 Elm Street The Spaghetti Warehouse 1223 Niagara St. Danny Zack's P.J.B.J. Enterprises Inc. 366 Tonawanda St. S.B.J. of W.N.Y., Inc. REFERRED TO THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 75 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- Charles Berthiaume, Patrick Sole, Jr., Michael Ruggiero RECEIVED AND FILED. No. 76 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: City Planning Board Emergency Medical Services Board Zoning Board of Appeals RECEIVED AND FILED. No. 77 Notices Of Appointments - Council interns I transmit herewith appointments to the position of Council Intern. Mr. Pitts moved the approval of the appointments to the position of council intern. ADOPTED. Appointment effective April 27, 1994, in the Department of Common Council, Christopher M. Lasky, 91 Eaglewood, Buffalo, New York 14220, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 hr. No. 78 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 April 25, 1994 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. Belinda M. Moses, 2008 Bailey Avenue, Buffalo, 14211 Reynaldo Santana, Jr., 314 Vermont Street, Buffalo, 14213 Daniel D. Banko, 96 Huessy Ave., Buffalo, 14220 James J. Brundo, 103 Humason Avenue, Buffalo, 14211 Jerome H. Young, Sr., 57 Brooklyn Avenue, Buffalo, 14208 Jeffrey Mathewson, 454 Breckenridge Street, Buffalo, 14213 Denise Bell, 205 Glenwood Street, Buffalo, 14208 Appointment effective May 2, 1994 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. Michael Ahern, 1232 Clinton Street, Buffalo, 14206 Patrick Bevelock, 73 Vanderbilt Street, Buffalo, 14206 Alan Bell, Jr., 36 Dodge Street, Buffalo, 14209 James Cummings, 58 Good Street, Buffalo, 14220 Walter Griffin, 1039 Smith Street, Buffalo, 14212 Christopher Joyce, 131 Coolidge Avenue, Buffalo, 14220 Kurt McGowan, 8 Fields Street, Buffalo, 14210 Mary McCarthy, 17 Woodside Avenue, Buffalo, 14220 Frank Bell, 36 Dodge Street, Buffalo, 14209 Patrick Farry, 142 Ridgewood Road, Buffalo, 14220 Randolph Schuster, 77 Melrose Place, Buffalo, 14220 David Wilds, 181 Choate Street, Buffalo, 14220 Thomas Long, 14 Yale Street, Buffalo, 14210 Dennis MacMillan, 217 Rebecca Park, Buffalo, 14207 Leonard Laufer, 148 Brinkman, Buffalo, 14211 William Laufer, 148 Brinkman, Buffalo, 14211 Peter Vullo, 116 Crowley Avenue, Buffalo, 14207 Edward Tooles, 26 Rose Street, Buffalo, 14204 Mark Zimmer, 87 Juniata Place, Buffalo, 14210 Darlene Swenton, 42 Philadelphia Street, Buffalo, 14207 Appointment effective May 2, 1994 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium to the position of Laborer II, Seasonal, at the flat starting salary of $ 6.92 hr. Joyce Baginski, 170 Titus St., Buffalo, 14212 Sharon Campbell, 205 Marine Dr., Buffalo, 14202 Ann DiStefano, 2096 Delaware Ave., Buffalo, 14216 Denise Jones, 973 Ellicott St., Buffalo, 14203 M.T. McNeal, 791 Sycamore Ave., Buffalo, 14212 Charles Mims, 79 Harmonia St., Buffalo, 14211 Maurice Perry, 818 Elk St., Buffalo, 14210 Arlene Simpson, 42 Riverside Ave., Buffalo, 14207 Kellie Safford, 284 Grape St., Buffalo, 14204 John Thiry Sr., 158 Montgomery St., Buffalo, 14206 Norris Mays, 416 Winslow St., Buffalo, 14211 Rebekah Safford, 284 Grape St., Buffalo, 14204 DEPARTMENT OF PUBLIC WORKS Appointment effective 4/20/94 in the Department Of Public Works, Division of Engineering, Robert Degenhart, 79 Tennyson, Buffalo, NY 14216, to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. Appointment effective 4/25/94 in the Department of Public Works, Division of Engineering, to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. Leonard Greco, 94 Bame, Buffalo, 14215 Clary Wilson, 183 Victoria, Buffalo, 14214 Appointment effective 4/18/94 in the Department of Public Works, Division of Engineering, Donald Dudek, 42 Park Street, Buffalo, NY 14201, to the position of Bridge Operating Engineer, Seasonal, at the Flat starting salary of $7.30 hr. DEPARTMENT OF PARKS Appointment effective April 25,1994 in the Department of Parks, Division of Recreation, to the position of Fee Collector, Seasonal, at the Flat starting salary of $4.94 hr. Charles Argo, 856 Parkside, Buffalo 14216 James Hillery, 141 Carlyle, Buffalo 14220 David Morey, 8 Taunton Place, Buffalo 14216 Stanley Murak, 1080 Kensington, Buffalo 14215 Robert O'Leary, 100 Ryan, Buffalo 14220 Walter Burshtynski, 126 Bird, Buffalo 14213 Eugene Heftka, 30 Warren, Buffalo 14212 David Thompson, 877 West Ferry, Buffalo 14209 Noel Coshway, 280 West Avenue, Buffalo 14201 Appointment effective April 27, 1994 in the Department of Parks, Division of Recreation, Thomas Lynch, 54 Ashton, Buffalo 14220, to the position of Fee Collector, Seasonal, at the Flat starting salary of $4.94 hr. Appointment effective April 18,1994 in the Department of Parks Division of Recreation, Igor Chelombitko, 40 Laforce Place, Buffalo 14207, to the position of Lifeguard, Seasonal, at the Flat starting salary of $ 5.20 hr. Appointment effective April 18, 1994 in the Department of Parks Division of Parks John Elliott, 148 Bird Avenue, Buffalo 14213 to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. Appointment effective April 25, 1994 in the Department of Parks, Division of Parks, Daniel Dyche, 73 Barnard, Buffalo 14206, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective May 2,1994 in the Department of Parks, Division of Parks, Jeffrey Santa Maria, 69 Blum Avenue Buffalo 14216, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. DEPARTMENT OF STREET SANITATION Appointment effective April 18, 1994 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. Mark Baker, 98 Manhattan Street, Buffalo, 14215 Anthony T. Haeick, 153 W. Delavan Ave., Buffalo, 14213 Charles G. Lockwood, 185 Potomac Ave., Buffalo, 14213 Carmen P. Mambrino, 229 Hampshire St., Buffalo, 14213 Antonio Rivera, 187 Maryland St., Buffalo, 14201 Terrence J. Sullivan, 415 Smith St., Buffalo, 14210 Michael J. Fahey, 382 Abbott Rd., Buffalo, 14220 Darren Toczek, 147 Bush St., Buffalo, 14207 Appointment effective April 20, 1994, in the Department of Street Sanitation, Martin K. Eve, 184 Jewett Pkwy., Buffalo, New York 14214, to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. Appointment effective April 21, 1994 in the Department of Street Sanitation, Irving L. Fowler, 208 Best Street, Buffalo, New York 14209, to the position of Laborer II, Seasonal at the Flat starting salary of $6.92 hr. No. 79 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 ASSESSMENT Appointment effective April 20, 1994 in the Department of Assessment, Eric D. Herndon, 41 Lang Avenue, Buffalo, NY 14215 to the position of Assessor Trainee, Provisional, at the Minimum starting salary of $ 20,120. DEPARTMENT OF PUBLIC WORKS Appointment effective 3/31/94 Department of Public Works Division of Engineering, Robert Coniglio, 23 Kimmel Street, Buffalo, NY 14220, to the position of Engineering Aide, Provisional, at the Minimum starting salary of $ 21,197. Appointment effective 4/19/94 in the Department Public Works, Division of Engineering, Dennis McHugh, 291 McKinley Pkwy., Buffalo, NY 14220, to the position of Superintendent Traffic Signal System, Permanent, at the Minimum starting salary of $28,079. DEPARTMENT OF POLICE Appointment effective April 11, 1994 in the Department of Police to the position of, Civilian School Crossing Guard (TSAR), Seasonal, at the Minimum starting salary of $5.71 hr. Jeanne Zipp, 220 Columbus Ave., Buffalo 14220 Patricia Mencell, 15 Pulaski St., Buffalo 14206 Sheila Szachta, 445 Woodside Ave., Buffalo 14220 Appointment effective April 22, 1994 in the Department of Police, Mark Makowski, 185 South Lane, Grand Island 14072 to the position of Lieutenant, Permanent, at the Flat starting salary of $45,107. Appointment effective April 22, 1994 in the Department of Police, Gerald Schoenle, 367 Rosedale Blvd., Amherst 14226 to the position of Captain, Permanent, at the Flat starting salary of $51,680. DEPARTMENT OF LAW Appointment effective April 25, 1994 in the Department of Law, Diane Y. Devlin, 37 Rand Street, Buffalo, New York 14216 to the position of Assistant Corporation Counsel II, Non-Competitive at the Minimum starting salary of $43,176. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 80 L. ANDERSEN Purchase Surplus Desk I am requesting to purchase a small wooden desk for ten dollars that is located in the sub-basement of City Hall. The desk is in need of repair and a drawer is missing. I spoke to the Records Management Officer, Charles L. Michaux, III, and he indicated that the desk is no longer usable in City Hall. Thank you for your time and consideration concerning this matter. Mr. Pitts moved: That the communication from Linda L. Anderson, dated April 22, 1994, be received and filed; and That Linda L. Anderson be, and she hereby is, authorized to purchase a small wooden desk for ten dollars ($10.00) that is located in the sub-basement of City Hall. PASSED. AYES- 13 NOES- 0. No. 81 AUD CLUB, INC. Erie Basin Marina Lease Enclosed please find the executed letter agreement between The Aud Club, Inc. and the City of Buffalo with respect to operations of the Erie Basin Marina. With your permission, we will prepare a final version of the Extension of Marine Lease Agreement, including exhibits, and forward it to your office for approval by the Common Council and execution by the Mayor. If you have any questions, please do not hesitate to give me a call. Mr. Pitts moved: That the Communication of the Aud Club, Inc. regarding final amendments for the extension of the Marina Lease be received and filed; and That the Corporation Counsel incorporate, in proper form as an amendment for the Marina Lease extension, the terms and conditions specified in the above communication from the Aud Club, Inc. PASSED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 12. NOES- ZUCHLEWSKI- 1. No. 82 PATRICE BAILLY Lack of Compliance With ADA Guidelines I would like to address directly the entire Common Council for the City of Buffalo, New York, regarding its compliance or lack of with the ADA (The Americans with Disabilities Act) and the USFTLSA (The Fair Labor Standard Act). Copies of each will be provided for everyone that is a member to the Council. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 83 BLIND ASSN. Banner-Niagara Square I am writing to request permission to hang a banner at Niagara Square and Court Street from July 1, 1994 through August 8, 1994 in support of our fund-raiser, Ride in Plain Sight Bicycle Tour. We fully understand the restrictions involved in hanging such a banner, and have appreciated having the banner in the Square for the past several years. I have enclosed a copy of the banner for your perusal. I have written a letter to Mayor Masiello's office requesting permission for hanging the banner, and Cesar Cabrera of the Mayor's office advised me today that permission has been granted. I appreciate the Common Council's time and consideration of this project. Upon hearing from you, I will contact the Department of Public Works to secure their permission. I look forward to hearing from you. Mr. Pitts moved: That the communication from the Blind Association of Western New York, dated April 15,1994, be received and filed; and That the Blind Association of Western New York be, and he hereby is, granted permission to hang a banner at Niagara Square and Court Street from July 1, 1994 through August 8, 1994 in support of their fund-raiser, "Ride In Plain Sight" Bicycle Tour. PASSED. AYES- 13 NOES- 0. No. 84 BCAM Monthly Expense Report, Detailing Spending Activity For Programming and Supplemental Monies- April. Buffalo Cable Access Media (BCAM) is submitting its monthly expense report detailing spending levels and programming activity for supplemental monies for the month of April. This report is being submitted in accordance to action taken by the Common Council. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 85 CITIZENS SALARY REVIEW COMMISSION 1994 Commission Report The Citizens Salary Review Commission was established pursuant to Article 24, Section 452a of the Buffalo City Charter. The purpose of the Commission is to "review the salaries of all elected officials of the City of Buffalo except members of the Board of Education and report its recommendations to the Common Council by May first of that year. The City Charter further states that "the Common Council must adopt, modify or reject the report of the Commission by June fifteenth of said year. The effective date of any approved recommendations shall be January first of the next even year after approval." The fiscal crisis now gripping the City of Buffalo was the context in which the 1994 Commission conducted its deliberations in reviewing the salaries of the City's elected officials. The Commission was cognizant of the fact that without a salary increase in 1996, the City's elected officials would not be able to receive a salary increase until January 1998. The 1994 Commission began its deliberations with an organizational meeting on April 7, 1994. Eunice A. Wozniak was elected Chairperson and Trevor M. Fuller was elected Vice Chairperson. The Common Council's staff office provided the Commission with resource materials and clerical assistance, while the Comptroller's office staff was instrumental in setting up the preliminary meeting. Due to time and scheduling constraints, the Commission decided to forego interviewing elected officials regarding the propriety of a salary increase at this time. Instead, the Commission sought by letter to obtain the written view of elected officials and City union leaders about whether salary increases should be enacted. By the second meeting of the Commission held on April 21, 1994, the Commission had received written responses from the Mayor, Comptroller, President of the Common Council, and Local 264, and an oral response from Local 650. The Mayor, Comptroller, and Local 264 suggested that no salary increases be recommended, and the President of the Common Council and Local 650 suggested that salary increases would be appropriate. The Commission carefully considered the remote possibility that the City's fiscal crisis would be resolved by 1996; however, as a matter of conscience, the Commission could not consider such a possibility likely. During its deliberations, the Commission considered the following proposals: a 5% raise in 1996; a 2% raise in 1996 and a 2% raise in 1997 for elected officials with the condition that the City be fiscally stable as determined by the Comptroller's year end report for 1995; and decreasing salaries of elected officials. None of these proposals garnered support of a majority of Commission members. By a unanimous vote, and in consideration of the need for the Commission to have the flexibility to respond to the changing circumstances of the City from year to year, the Citizens Salary Review Commission recommended that the Common Council amend the Buffalo City Charter to permit the Commission to review the salary of the City's elected officials on an annual basis. The final proposal recommended no raises at this time with again, a recommendation for a Charter amendment for annual review by the Citizens Salary Review Commission rather than every two years. This proposal passed 5-1. Therefore, in light of the projected budgetary difficulties of the City of Buffalo in fiscal year 1994-95 (an estimated deficit of approximately $34 million), the Commission concluded, with much regret, that it cannot recommend any increases to the current salary structure of the City's elected officials until such time the City's fiscal and budgetary problems are rectified. The Commission also recommends that the Common Council amend the City Charter to allow the Citizens Salary Review Commission to review the salaries of elected officials on a yearly basis rather than every two years. The Commission recommends that salary levels for the City's elected officials beginning January 1, 1996 remain: Mayor $79,380 Comptroller $73,868 President of the Council $52,920 Councilmember $41,895 REFERRED TO THE COMMITTEE OF THE WHOLE AND THE CORPORATION COUNSEL. No. 86 PRESERVATION COALITION Amended Cobblestone Historic District Application As requested by the Council, the Preservation Coalition of Erie County is amending its Cobblestone Historic District application. The amended application, of which this shall serve as the cover page, excludes the Old man Boiler Works and certain lots currently used for open storage and parking. This in no way should be interpreted as diminishing the importance attached to the Oldman Boiler Works or the lots. Rather, it is done at the behest of the Council to create a viable district and to clarify for members the extent of such a district. Five copies of the amended application are on file with the City Clerk. The changes are as follows: Form PD-1, Application for Designation of Historic District, page 1, part two, Boundaries, reads: "2.) The area between the centerline of Perry Street south to the center line of South Park Avenue, between the lot lines on the eastern side of Columbia Street west to the lot lines on the western side of Illinois Street, excluding lot(s) between the roadways of Columbia and Baltimore streets and lot(s) between Baltimore and Mississippi streets, but retaining the roadways themselves. Inventory forms attached for nos. 79-83 and 93 Perry Street (a.k.a. 26 Mississippi), nos. 110-114, 118-120, and 130 South Park Avenue, and nos. 45-47, 49-53, and 55 Illinois Street." Attached is "Amended Cobblestone Historic District Map, April 27, 1994." This supersedes map attached to original application. Left blank are pages 2.1 through 2.4. These formerly referred to the Oldman Boiler Works. They are included to keep pagination consistent. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. No. 87 PRINCE OF PEACE TEMPLE C.O.G.I.C. Close Mendola Street- Aug. 22-28 Prince of Peace Church of God in Christ is planning our 74th Convocation, August 22-28, 1994. The Deacons, Trustees along with the Presiding Bishop Leroy Anderson would like to close off Mendola Street to all through traffic for this affair. The boundary runs southend from Deerfield to Kensington Avenue. Cooperation and assistance will be given to the residents so that the street would be made safe and accessible to the entrances of their homes. There are approximately 8 residents on this street. We will do as always to make sure that everything is peaceful and helpful to our visitors through-out Western New York who attends every year. Your assistance along with the City would be greatly appreciated. Mr. Pitts moved: That the communication from the Prince of Peace Temple Church of God in Christ, Inc., dated April 14, 1994, be received and filed; and That the Prince of Peace Temple Church of God in Christ, Inc., be, and he hereby is, granted permission to close off Mendola Street to all through traffic for their 74th Convocation to run from August 22-28, 1994. The boundary runs southend from Deerfield to Kensington Avenue. Cooperation and assistance will be given to the residents to make it safe and accessible to the entrance of their homes, subject to the terms and conditions imposed by the Department of Police add the Corporation Counsel. PASSED. AYES- 13 NOES- 0. No. 88 PUBLIC MANAGEMENT GROUP Fire Study Final Report Enclosed is the final fire study report. I have incorporated the comments of the committee members and the union into the report as needed. In addition, I added a section on population change in the community. The document has been prepared for two-sided copying. Each chapter should start on the right' hand side of a page. If you have any questions please give me a call. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 89 TCI OF NEW YORK, INC. Reply To Rates/Regulation Request I have received copies of the above-referenced resolutions and I am somewhat perplexed by the actions of the Common Council. On December 28, 1994, you sent a letter to our corporate headquarters along with a copy of FCC form 328 indicating that the City of Buffalo was applying to the Federal Communications Commission for certification to regulate basic cable rates. On the form, the City indicated to the FCC that the City would adopt and administer regulations with respect to basic cable service that are consistent with the regulations adopted by the FCC within 120 days of certification. To date, TCI of New York has yet to receive notification that the City has adopted such rules and that it is certified to regulate basic cable rates. If the City has done so, TCI of New York will gladly respond in proper form to the City's request for an explanation of all charges associated with basic service. However, we do not believe a resolution by the Common Council is the appropriate avenue to request such information; although, it is our understanding that a resolution is the proper vehicle by which the City may adopt rate regulation rules consistent with FCC rules. We will comply with a proper request for such information when the City has completed its certification process, in accordance with FCC rules. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 90 TCI OF NEW YORK, INC. Info Spice Channel Item No. 201, C.C.P., 2/22/94 TCI of New York has been very sensitive to the needs and concerns of its subscribers with respect to the launch of the Spice Channel. That is why we took the following steps to eliminate all concerns regarding the programming content of the Spice Channel. TCI of New York conducted a pre-launch survey of its subscribers regarding a cable TV company's carriage of an adult oriented Pay Per View (PPV) service. The survey, a copy which has been provided to the City, revealed the following: A) More than two-thirds (68%) of our subscribers believe a cable TV company should be allowed to offer adult PPV programming. B) Our subscribers believe that they themselves rather than any outside body, should determine what programs on cable are acceptable to them. Eighty four percent (84%) say the head of the household or individual viewer should have that responsibility. The Spice Channel was launched as a Pay Per View service on channel 61 of the Buffalo cable system. Channel 61 was chosen as the majority of the TV sets in use do not receive this channel. We chose to offer it as a scrambled PPV service to prevent those in the household who should not watch or do not want to view this programming from doing so. In addition, to prevent unauthorized ordering of the service, we offer subscribers the option of selecting a PIN number. Without the use of the personal identification number (PIN), an individual is prohibited from ordering the Spice programming. To further guarantee that no one in the household will order Spice and to block out the entire video and audio within the subscribers residence, TCI of New York will install, at no charge, a device which will block the signal totally. To date we have received requests and installed under 200 traps out of our 85,000 subscribers. With respect to the Common Council's request to completely block out all Spice video and audio signals from all homes that do not specifically order Spice, we feel, at this time, due to the relatively small number of requests to trap Spice, we have chosen a reasonable solution to accommodate our customers by trapping out the service for those who have requested it. In addition to installing traps to eliminate the Spice signal we are in the process of testing a new type of security which may result in the elimination of the audio and video of an addressable service. This testing is expected to take several months after which I will inform you of its results. Lastly, I'd like to offer you our total cooperation on installing Spice traps on any customer's service who requests it. Should you or other members of the Council receive calls regarding the Spice Channel please don't hesitate to fax or call their names over to our office and we will trap them immediately. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 91 TOWN OF BOSTON Fair Share Of Sales Tax Revenues BE IT RESOLVED, That this Town Board does hereby advise the New York State Senate and Assembly that this Board will aggressively seek the Town's fair share of the proceeds of the estimated $85 million proceeds realized by the collection of the extra one per cent of sales tax levied in Erie County, and BE IT FURTHER RESOLVED, That this Town Board hereby seek the cooperation of the Western New York delegation to the New York State Legislature in our effort by proposing and enacting legislation to accomplish the necessary sharing of sales tax revenues as an integral part of any attempt to extend or make permanent the extra one per cent of Erie County sales Tax, and BE IT FINALLY RESOLVED, That the Town Clerk send certified copies of this resolution to the Clerk of the Erie County Legislature and the City Clerk of the City of Buffalo. RECEIVED AND FILED. No. 92 TOWN OF BRANT Fair Share Of Sales Tax Revenues Now Therefore Be It Resolved: That this Town Board does hereby advise the New York State Senate and Assembly that this board will aggressively seek the Town's fair share of the proceeds of the estimated $85 million proceeds realized by the collection of the extra one percent of sales tax levied in Erie County; and Be It Further Resolved: That this Town Board does hereby seek the cooperation of the Western New York delegation to the New York State legislature in our effort by proposing and enacting legislation to accomplish the necessary sharing of sales tax revenues as an integral part of any attempt to extend or make permanent the extra one per cent of Erie County sales tax; and Be It Finally Resolved: That the Town Clerk certify passage of this resolution and forward copies to the clerk of every city, town, village and school board in Erie County. RECEIVED AND FILED. No. 93 TOWN OF WEST SENECA Hearing Notice- Town House Permits For your information, I am enclosing a copy of a Public Hearing scheduled to be held on the 9th day of May, 1994 to consider granting a Special Permit for the above-captioned property to construct multi-family townhouses (12 townhouse units). If you have any objections, please notify the West Seneca Town Board. RECEIVED AND FILED. PETITIONS No. 94 AMRE, agent, petition to repair 241 Humboldt Pkwy. with siding, soffit and fascia. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. Reports of Regular Committees Civil Service Rosemarie LoTempio Chairman No. 95 Ordinance Amendment Chapter 94 Boilers and Engines: Engineers (Item No. 196, C.C.P., April 5, 1994) That the Ordinance Amendment as contained in Item No. 196, C.C.P., April 5, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 96 Ordnance Amendment - Boilers/Engines (ICR) (Item # 69 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 97 Appointment Inspections & Community Revitalization/Building Inspector That communication No. 70, Apr 19, 1994 be received and filed and the temporary appointment of Gene M. Fronczak stated above at the maximum salary of $32,057.00 effective on Apr. 4, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 98 Appointment Human Resources/Counselor III That Communication No 75 Apr. 19, 1994 be received and filed and the Provisional appointment of Marie Ferraro stated above at the Intermediate salary $ 22,955.00 effective on Apr. 14, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 99 Appointment Human Resources / Counselor III That Communication No 76 Apr. 19, 1994 be received and filed and the Provisional appointment of Willie Johnson stated above at the Intermediate salary $ 24,466.00 effective on Apr. 14, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. Finance David Collins Chairman No. 100 Rent Lafayette Rink for Roller Hockey (Item No. 43, C.C.P., 3/22/94 That the communication from the Commissioner of Parks dated March 17, 1994 be received and filed; and That the Department of Parks be and the same hereby is authorized to contact the Law Department to prepare an agreement with Power Play Sports of Rochester, New York to rent the Lafayette Ice Rink Facility in the off season for Roller (In-line) Hockey Leagues. PASSED. AYES- 13 NOES- 0. No. 101 Peace Bridge - Front Park Master Plan (Item # 91 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 Attendance - Front Park Master Plan Meeting (PW) (Item # 39 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Funding Committee Recommendation (Arts Comm.) (Item # 11 CCP Apr. 11, 1994) That the above mentioned Item be and the same is hereby referred to the Committee of the Whole. ADOPTED. No. 104 Information Condition of Cleaned Monuments (CD) (Item # 59 CCP Apr. 5, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 Authorized by Unissued Debt and Bond Closeouts (Item No. 13, C.C.P., Mar. 8, 1994) (Item No. 100, C.C.P., Apr. 19, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the communication from the Comptroller regarding authorized but unissued debt be received and filed; and That the Comptroller be, and he hereby is authorized to do the following: Rescind the authorized but unissued debt from projects already completed as more fully described in the above communication to reduce the City's total authorized but unissued debt in accordance with the amendments as described by the attached. PASSED. AYES- 13 NOES- 0. No. 106 Broadway Fillmore Commercial District Permission to Transfer 1021-1027 Broadway South Side of Broadway Between Lombard and Clark Street (Item No. 62, C.C.P., 4/19/94 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the communication from the Commissioner of Community Development dated April 14, 1994 be received and filed; and That the Commissioner of Community Development be and hereby is authorized to transfer title to 1021-1027 Broadway from BURA to the City of Buffalo so that City bond funds can be used for the demolition of the structure. PASSED. AYES- 13 NOES- 0. No. 107 Permission to Negotiate 1415 Fillmore Avenue Item No. 84, C.C.P., April 5, 1994 That the Comptroller be, and he hereby is, authorized to negotiate with Community Springboard, Inc., a community based not-for-profit organization, for the private sale of 1415 Fillmore Avenue and report to this Honorable Body the results of such negotiations. ADOPTED. No. 108 Purchase 1415 Fillmore Ave. (Compt) (Item # 23 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Ordinance Amendment Chapter 96 - Bonds and Contracts (Item No. 190, C.C.P., March 8, 1994) That the Ordinance Amendment as contained in Item No. 190, C.C.P., March 8, 1994, be and the same hereby is approved. PASSED. AYES- BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR, COPPOLA- 2. No. 110 Ordnance Amendment Ch. 175 (75) Amusement Fees (Item # 176 CCP Mar. 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Ordinance Amendment Amusement Fees (A&F) (Item # 73 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Reduction of Landscape Fee (A&F) (Item # 74 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Bid Process Skyway Lot # 3 (CC) (Item # 52 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Information Bids Skyway Lot # 3 (Board of Parking) (Item # 6 CCP Apr. 5, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Report of Bids - New Roof Buffalo Historical Society (Item No. 37, C.C.P., Apr. 5, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to award the contract for a New Roof at the Buffalo Historical Society to Allweather Roofing Co., the lowest responsible bidder, in the amount of $346, 172.00. Funds for this work are available in account #200-402-020 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 116 Correct Bids - Watermains 21 A/B (PW) (Item # 37 CCP Apr 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Change Contract New Watermain Hillary Street and Service Transfers in Potters Rd. (Item No. 38, C.C.P., April 19, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Mar-Wal Construction Company, Inc. in the amount of $4,050.00 for work under contract #91744100 for work relating to new watermain in Hillary Street and new watermain and service transfers in Potters Road, with said cost to be charged against the Division of Water's 416-Capital Project Fund, 980-060 account. PASSED. AYES- 13 NOES- 0. No. 118 Program For Collection of Yard Waste (Streets) (Item # 64 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Deny Salary Increase to Comptroller Exempts (Item # 179 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby referred to the Committee of the Whole. ADOPTED. No. 120 Salary Increases for Certain Exempt Employees (Item #182 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby referred to the Committee of the Whole. ADOPTED. Legislation Alfred T. Coppola Chairman No. 121 JAFCO, Petition To Use 2192 Niagara - Pole Sign (Item No. 95, C.C.P., April 19, 1994) That after a public hearing before the Committee on Legislation on April 26, 1994, the petition of JAFCO, for permission to use 2192 Niagara for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 122 D. Mele, Petition To Use 1504 Hertel- Patio - Pole Sign (Item No. 92, C.C.P., April 5, 1994) That after a public hearing before the Committee on Legislation on April 26, 1994, the petition of D. Mele, for permission to use 1504 Hertel- Patio for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 123 Encroach Awning - 1048 Clinton (Item No. 39, C.C.P., April 19, 1994) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Martin Kohler, acting as agent for owner of property at 1048 Clinton, to install an awning which would encroach city right-of-way at said address, subject to the following conditions. 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES- 13 NOES- 0. No. 124 Encroach Sidewalk Cafe - 427 Elmwood Avenue (Item No. 40, C.C.P., April 19, 1994) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Maureen Porter, owner of Solid Grounds, located at 427 Elmwood Avenue, to install a sidewalk cafe which would encroach city right-of-way at said address, subject to the following conditions. 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed 12 feet in length or extend more than 5 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $2.00 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413 Article IX Section 59 (sidewalk cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED. AYES- 13 NOES- 0. No. 125 Waive Fencing Requirement For 1410 Delaware Avenue (Item No. 167, C.C.P., 4/19/94) That the developer of Rite Aid Drug Store at 1410 Delaware Avenue be and hereby is granted a waiver of the fencing requirements to screen the parking lot at 1410 Delaware Avenue with shrubs and greenery so that a certificate of occupancy can be issued. PASSED. AYES- 13 NOES- 0. No. 126 Allendale Theater Interior Rehabilitation SEQRA Lead Agency Designation Item No. 64, C.C.P., March 22, 1994 That this Common Council accepts and approves of the designation of the Department of Community Development as Lead Agency for the State Environmental Quality Review Act ("SEQRA") review process of the Allendale Theater Interior Rehabilitation at 203 Allen Street. ADOPTED. AYES- BELL, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- ARTHUR, COLLINS, COPPOLA- 3. No. 127 Local Law Intro. #5 - Bd. of Pkg. (Item No. 155, C.C.P., April 19, 1994) That Local Law Intro. #5 as contained in Item No. 155, C.C.P., April 19, 1994, be and the same hereby is approved. PASSED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, PERLA, PITTS, ZUCHLEWSKI- 8. NOES- CZAJKA, FAHEY, HELFER, LOCKWOOD, LOTEMPIO- 5. No. 128 Ordinance Amendment Chapter 144 - Landscape Contractors (Item No. 170, C.C.P., April 19, 1994) That the Ordinance Amendment as contained in Item No. 170, C.C.P., April 19, 1994, be and the same hereby is approved. PASSED.* AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- COPPOLA- 1. * Mr. Helfer was excused from voting on this item due to the fact that he owns a landscape business. No. 129 Ordinance Amendment Chapter 404 - Snow Removal (Item No. 172, C.C.P., April 19, 1994) That the Ordinance Amendment as contained in Item No. 172, C.C.P., April 19, 1994, be and the same hereby is approved. PASSED. * AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- COPPOLA- 1. * Mr. Helfer was excused from voting on this item due to the fact that he owns a landscape business. No. 130 Ordinance Amendment Chapter 175 - Fees (Item No. 171, C.C.P., April 19, 1994) That the Ordinance Amendment as contained in Item No. 171, C.C.P., April 19, 1994, be and the same hereby is approved. PASSED. * AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- COPPOLA- 1. * Mr. Helfer was excused from voting on this item due to the fact that he owns a landscape business. No. 131 Status of Modifications for Thruway Work (PW) (Item # 44 CCP Apr. 5, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 US Justice Department Detention Facility Criteria (Item # 93 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Status Mutual Aid Agreement (Fire) (Item # 44 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Status Fire Auxiliary Corps (Fire) (Item # 45 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Bicycle Tort Liability (CC) (Item # 49 CCP Apr. 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Public Telephone Complaints (Item No. 164, C.C.P., 3/22/94 That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola now moved that the above item be received and filed. ADOPTED. No. 137 NYNEX - Use of Rotary Phones in Problem Areas (Item # 90 CCP Mar. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Hearing - Name Ellicott Mall Drives as "D. Mitchell" and "O. Wrighter" Drives (Item No. 176, C.C.P., April 19, 1994) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Pitts moved that a public hearing having been scheduled this day, (copy of publication notices attached), before the Common Council, the item is properly before the Council and the Hearing be opened. Seconded by Mr. Zuchlewski. Mr. Pitts moved that the hearing be closed. Carried. Mr. Pitts moved that this Common Council, after holding the required public hearing, hereby names the existing Private Drive, running from Eagle Street to S. Division Street Southeast of and parallel to Minnie Gillette Drive, as Delmar Mitchell Drive; and the existing Private Drive, Southeast of and parallel to Delmar Mitchell Drive, being approximately 240 feet in length, as Ora Wrighter Drive, and the City Clerk be and hereby is directed to notify the Erie County Division of Planning, Erie County Commissioner of Finance, Buffalo City Planning Board, Department of Assessment, Division of Planning, Division of Engineering, the Main Branch of the U.S.P.S. in Buffalo, and the City of Buffalo Departments of Police and Fire, by certified copy as required by Section 286-5 of the Code of the City of Buffalo. Seconded by Mr. Fahey. PASSED. AYES- 13 NOES- 0. Economic Development Carl A. Perla, Jr. Chairman No. 139 L.D.A - 489 Broadway - Drescher Paper (CD) (Item No. 63, C.C.P., Apr. 19, 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. Bell the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: David Sengbush, Community Development Mr. Pitts moved that the hearing be closed. Seconded by Mr. Collins. CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Bell. ADOPTED. No. 140 Amend LDA - City Center (CD) (#62 4/5) (Item # 144 CCP Apr. 19,1994) Whereas, the Buffalo Urban Renewal Agency has duly designated City Centre Development Company of Buffalo L.P. 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 Addendum to Amended Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: 1. That City Centre Development Company of Buffalo L.P. 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 a portion of Downtown Entertainment District Phase I. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed Addendum to Amended "Land Disposition Agreement" to City Centre Development Company of Buffalo L.P. 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. 141 Parks Conservancy Task Force Interim Report (Item No. 79, C.C.P., 4/19/94) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Perla moved: That said report be and the same hereby is approved. ADOPTED. Urban Renewal Agency Clifford Bell Chairman No. 142 Cargill's Urban Street Plant Closing (Item # 184 CCP Jan. 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Urban Street Flour Mill (Fire) (Item # 35 CCP Feb. 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 144 By: Mr. Arthur Identify All Revenues Deposited in the City's General Fund From City Court Whereas: Various infractions of City laws such as housing, traffic and probation violations are prosecuted in City Court; and Whereas: Monies generated from court imposed fines, fees and bails may be revenues qualified to be directed to the City's general fund; and Whereas: A question exists as to what percentage of the total fines collected are deposited in the City's general fund or in special accounts; and Whereas: A report detailing the processing of City Court generated revenues would clarify the question of what revenues are available to the city. Now, Therefore Be It Resolved That: This Common Council requests the Director of the Division of Treasury to file a report detailing the following items: a) The exact amounts of fines assessed in City Court by category. b) The exact amounts of fines actively collected by the City Court by category. c) What percentage of fine levies are designated as City revenue? d) How much revenue actually was directed to City's general fund? e) Identify what procedures are in place to collect outstanding balances or revenues owed to the City from City Court; and Be It Finally Resolved That: The Division of Treasury file this report with the Common Council via the City Clerk's office by 2:00 P.M., Thursday, May 12, 1994. ADOPTED. No. 145 By: Messrs. Arthur, Collins and Franczyk Department of Public Works Remove Illegally Installed Pay Phones Whereas: Numerous illegal coin operated pay phones have surfaced throughout the City of Buffalo, either on pedestal stands or attached to buildings; and Whereas: These illegal phones are surfacing on street corners and places anywhere from 1 to 8 in one area, thus creating fear among law abiding citizens in these areas; and Whereas: The Police Department confirms that these phones are being used by kids for illegal drug activity because they cannot afford cellular phones; and Whereas: Chapter 441-1 and 442-2 Telephone Booths of the City Ordinance, clearly states the requirements necessary for any individual wishing to install coin operated pay phones, which include an annual license fee and conditions for phones on the City right-of-way; and Whereas: Failure to observe these legally implemented and established procedures is a clear and willful violation of the law; and Whereas: To date the Department of Public Works has identified 194 illegally installed phones and suspects there are at least another 700 more throughout the City; and Whereas: Requests made to the Telephone Companies owning these illegally installed phones to remove them have fallen on deaf ears. Now, Therefore Be It Resolved That: This Honorable Body directs the Department of Public Works to remove the 194 illegal coin operated pay phones they have identified and report back to the Council on their findings of any more illegally installed phones. ADOPTED. No. 146 By: Mr. Collins Transfer of Funds President of Common Council Trust and Agency - City Clerk 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 $10,000 be and the same is hereby transferred from the President of the Common Council - Legal Services account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 020 - President of the Common Council 001 - Legislative 572 - Legal Services $10,000 To: 620 - Trust and Agency 011 - City Clerk 267 - Records Management 112 - Temporary Services $10,000 PASSED. AYES- 13 NOES- 0. No. 147 By: Mr. Collins Transfer of Funds Division of Budget and Management Division of Engineering 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 $27,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Projects 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 $27,000 To: 200 Capital Project Fund 401 - Division of Engineering 090 - Acquisition and Reconstruction of Truscan Building $27,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 148 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 sums of $72,000 and $64,940.37 be transferred and reappropriated from the Division of Budget and Management - Planning for Capital Improvements account and the Division of Buildings - Shea's Reconstruction account, respectively and said sums are hereby reappropriated as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $72,000 402 - Division of Buildings 021 - Shea's Reconstruction $64,940.37 To: 200 Capital Projects 40-2- Division of Buildings 031 - Shea's Marquee Reconstruction $136,940.37 PASSED. AYES- 13 NOES- 0. No. 149 By: Mr. Collins Capital Budget Amendment Addition to Capital Program 1993-94 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1993-94 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects 402 - Division of Buildings 022 - Police Reorganization Facilities $2,700,000 PASSED. AYES- 13 NOES- 0. No. 150 By: Mr. Collins Capital Budget Amendment Addition to Capital Program 1993-94 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1993-94 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects Purchase of the Waterfront School $7,864,095 PASSED. AYES- 13 NOES- 0. No. 151 By: Mr. Collins Bond Resolution $50,000 Bonds Reconstruction of South Buffalo Community Ctr. Account 200-402-042 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $50,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the Community Center at 1929 South Park Avenue, in the City, at the estimated maximum cost of $50,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty Thousand Dollars ($50,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Community Center at 1929 South Park Avenue, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is Fifty Thousand Dollars ($50,000), as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of South Buffalo Community Center 1993-94", Bond Authorization Account No. 200-402-042, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $50,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l) Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: May 3, 1994 LAID ON THE TABLE. No. 152 By: Mr. Collins Bond Resolution $4,200,000 Bonds Construction of Police Precinct/Community Ctr. Account 200-402-022 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $4,200,000 General Improvement Bonds of said City, to finance the cost of construction of a new Combined Police Precinct and Community Center at 2777 Bailey Avenue, in the City, at the estimated maximum cost of $4,200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Million Two Hundred Thousand Dollars ($4,200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of construction of a new combined police precinct and community center at 2777 Bailey Avenue, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is Four Million Two Hundred Thousand Dollars ($4,200,000), as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Acquisition and Construction of Police Precinct/Community Center 1993-94", Bond Authorization Account No. 200-402-022, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $4,200,000. This resolution is a declaration of Official Intent 'adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 11. (b) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not Substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: May 3, 1994 LAID ON THE TABLE. No. 153 By: Mr. Coppola Separate Sewer System for LaSalle Development Whereas: The City of Buffalo is investigating the exciting possibility of developing vacant land in the Main-Hertel-LaSalle area for new housing and industrial purposes; and Whereas: This kind of development is desirable because of the close proximity to the Rapid Rail Transit System, already stable neighborhoods, and the University of Buffalo's medical and dental schools; and Whereas: A development of this magnitude will, however, put a tremendous strain on the already overloaded sewer system serving North Buffalo and University Heights; and Whereas: The planning for this project should include a separate waste system for that area alone meeting federal standards of separate storm and waste sewers. Now Therefore Be It Resolved That This Common Council supports the development of vacant land in the Main-Hertel-LaSalle area for new housing and industrial purposes; however, to avoid straining an already overloaded sewer system, the planning should include a separate waste system independent of the system presently serving the North Buffalo/University Heights area. ADOPTED. No. 154 By: Mr. Coppola Request Ordinance Amendment To Reduce Sidewalk Cafe Fees Whereas: The Sidewalk Cafe license was amended in May, 1993, from $1.05 per square foot to $2.00 per square foot, an increase of over 90%, which is extremely high for the possible three or four months a sidewalk cafe can be used; and Whereas: This astronomical increase is an expense that may cause some restaurants to close or in the least to not open a sidewalk cafe at all, thereby reducing those employed at that establishment as well as a reduction in tax and licensing revenue taken in by the City of Buffalo. Now Therefore Be It Resolved That This Common Council of the City of Buffalo repeal the amended licensing fee of $2.00 per square foot and reinstate the original fee of $1.05 per square foot; and Be It Further Resolved That The Corporation Council draft a new amendment to Chapter 413-59 of Chapter 175, Sidewalk Cafes, reflecting the elimination of the $2.00 per square foot licensing fee and reinstating the original fee of $1.05 per square foot. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 155 By: Mr. Czajka Exterior Repairs to Engine # 31 (Corner of Bailey Avenue and Doat Street) Whereas: There have been several instances within the past year of loose bricks falling from the facades of city buildings onto the sidewalk and the street; endangering the lives of city residents Whereas: There are loose bricks on the front facade of Engine #31 and Whereas: Many school children wait for their bus in front of Engine #31 and this portion of Bailey Avenue is a busy area for pedestrian traffic; and Whereas: The condition of the exterior of Engine #31 presents a hazardous situation for the firefighters, area residents and school children who live nearby; and Whereas: The Division of Buildings is responsible for the maintenance of Engine #31; Now, Therefore, Be It Resolved: That the Division of Buildings immediately evaluate the condition of Engine #31 and report its findings to the Common Council. ADOPTED. No. 156 By: Mr. Fahey Police Depart Interim Action Plan and Full Department Reorganization Whereas: Over the past 23 years there have been five attempts to reorganize the Buffalo Police Department and for one reason or another each attempt has failed; and Whereas: Not until the start-up of the South District Demonstration Project in January of 1994 has this City made any real attempt to provide better police service to the citizens of Buffalo and make the best use of the Departments manpower and resources; and Whereas: The plan "WE ARE ALL IN THIS TOGETHER" proposes to take the Buffalo Police Department into the twenty-first century by improving control of response time, providing better Police presence and visibility, improving personnel assignment, increasing citizen input into the Departments everyday operations, and increasing supervision and officer performance; and Whereas: To accomplish the goal of providing effective and efficient police service, the Police Reorganization Committee is recommending a process that includes, first, an mediate Interim Action Plan to resolve present department operational deficiencies and second, a Phase One and Phase Two approach to bringing the Police Department into full departmental reorganization; and Whereas: The Interim Plan is a plan to close precincts and return officers to our streets. The fear and concern of our citizens abut crime and the need for the police to do something is the driving force for this plan, and this plan responds to their needs; and Whereas: It would be a disservice to the citizens of Buffalo to delay implementation of this plan which is part of the long range plan for the department to change its operations from incident-driven and reactive to one smarttough that provides both and law enforcement; and Whereas: Some of the Interim Action Plan benefits are an increase in the number of Officers for patrol duty, improved supervision, improved Detective efficiency, improved scheduling, a reduction in department overtime costs, reduced operating expenditures, and the ability to focus on problems areas within each district; and Whereas: With Precincts 7, 9, and 15 being consolidated into a South District Station, it is now recommended that the Police Department prepare for consolidating the remaining precincts so that the City of Buffalo will have a total of five (5) Police Districts; and Whereas: Due to the tremendous amount of work and planning it will take to implement full Police Department Reorganization, it is recommended that the remaining precincts be consolidated in two phases within the next eighteen months. The first phase will be accomplished in the northeast and northwest sections of the City, and phase two will be the central east and central west sections of the City; and Whereas: One of the major changes that the citizens of Buffalo will experience is the implementation of Community Policing which is most easily Police services tailored to the individual needs of the neighborhood defined as - tailored response . Now, Therefore Be It Resolved That: This Common Council adopts the report "WE ARE ALL IN THIS TOGETHER!," A Reorganization Plan for the Buffalo Police Department; and Be It Further Resolved That: This Common Council grants the Commissioner's request to close the four (4) identified Police Precinct Stations to allow him to move forward with the Interim Action Plan; and Precinct #17 at 98 Colvin Precinct #4 at 485 Michigan Precinct #8 647 at Fillmore Precinct #10 at 566 Niagara Be It Further Resolved That: This Common Council adopts the Interim Action Plan which includes the combining of Precincts 13 -17, 4 - 10 - 3, 8 -11, and 5 - 6; and Be It Further Resolved That: This Common Council adopts the Police Department Reorganization Implementation Plan which calls for a total of five (5) Police Districts being established within the next eighteen months; and Be It Further Resolved That: The Common Council and the Mayor establish an Implementation Committee to work with citizens, Police Officers and elected officials in each of the five (5) districts as it becomes necessary; and Be It Finally Resolved That: The Commissioner of Police is required to request authorization from this Common Council to close the remaining precincts required in Phase Two to accomplish the goal of five (5) District Stations. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 157 By: Mr. Franczyk Termination of Reserve Program by Police Department Whereas: The Buffalo Police Reserves have been in existence since 1917, when they were organized under the direction of Mayor Louis P. Fuhrmann; and, Whereas: The Buffalo Police Reserves currently number 160 volunteers, 40 of those being uniformed; and, Whereas: The Buffalo Police Reserves were formed to act as volunteers in the absence of the regular police and throughout history have kept order at numerous public events such as parades youth sporting events, July 4 celebrations, etc.; and, Whereas: The Buffalo Police Reserves have sponsored much needed sporting events for inner city youth; and, Whereas: The Buffalo Police Reserves also raise funds for numerous charitable causes in WNY; and, Whereas: The Buffalo Police Reserves assisted in the search for Jennifer Dominiak, a young girl tragically murdered in Buffalo in 1992; and, Whereas: One of the members of the reserves found important evidence in the murder case of Jennifer Dominiak; and, Whereas: Members of the Buffalo Police Reserves bear the total cost of their uniforms and equipment, used in carrying out their duties; and, Whereas: Other than providing meeting space to the Reserves, the City of Buffalo bears no cost for the maintenance and operation of the organization; and, Whereas: As a result of their work, the Buffalo Police Reserves have received commendation for their work from all levels of government, including this Honorable Body and former Police Commissioner Ralph Degenhart; and, Whereas: The Buffalo Police Reserves recently received a letter dated April 12, 1994 from Rocco J. Diina, Deputy Police Commissioner, announcing termination of the Reserve Program effective April 30, 1994: and, Whereas: In his letter of April 12, Deputy Commissioner Diina cited a new law that requires registration with the NYS Dept. of State and pre-assignment training by individuals whose principle responsibility it is to perform security guard duties; and, Whereas: The Deputy Commissioner also cites that the employment of volunteers in slots previously filled by police officers "violates the terms of our present Union contract"; and, Whereas: Additionally, the Deputy Commissioner states that "questions of liability have arisen" with no additional explanation; and, Whereas: The membership of the Buffalo Police Reserves strongly objects to the termination of the reserve program and takes issue with the Deputy Commissioners reasons for termination; and Whereas: The membership of the Buffalo Police Reserves dispute the assertion that the services they provide are "security guard duties" as defined by New York State Law; and, Whereas: Members of the Buffalo Police Reserves have received assurances from PBA leadership that their service does not conflict with terms of the union's contract with the City of Buffalo; and, Whereas: Members of the Buffalo Police Reserves take an oath of service in which is contained a pledge that no legal action will be taken against the City of Buffalo; and, Whereas: The abrupt termination of the Buffalo Police Reserve program is a disservice to all those individuals who have sacrificed their free time and their personal funds in order to serve the public; and Whereas: Volunteerism is an activity that has been encouraged by all levels of government, including the President of the United States and the Mayor of Buffalo; and, Whereas: In order to allow regular police officers to attend to the rising crime problem in the City of Buffalo, the type of service that the members of the Buffalo Police Reserve program have given to the community is vital now, more than ever; therefore, Let It Be Resolved That: This Body request that the Corporation Counsel report to it with an interpretation of the law that the Deputy Commissioner of Police has cited as justification in terminating the Buffalo Police Reserves; and, Be It Further Resolved That: This Honorable Body request that the grievances of the members of the Buffalo Police Reserves be fully aired by all parties concerned, including the Mayor, the Commissioner of Police, the members of the reserves and this Body in the interests of reinstating the Program. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 158 By: Mr. Helfer Ordinance Amendment Article 9, Sections 157, 158 & 159 Registration of Property Owners Whereas: Article 9 Section 157 of the Charter of the City of Buffalo require owners of properties in the City of Buffalo to register with the Department of Assessment; and Whereas: Currently the City only enforces this section of the Charter with respect to owners of multiple dwelling properties; and Whereas: The current policy of the Department of Assessment does not require property owners to provide telephone numbers; and Whereas: The current policy of the Department of Assessment allows property owners to list post office boxes as legal addresses; and Whereas: The lack of proper addresses and telephone numbers forces the city to react to problems in the community through legal means (i.e., summons and letters of violation); and Whereas: The city could take a pro-active approach to address problems with the owners if the property owner's proper address and telephone number were available; and Whereas: Access to the telephone number and address will allow Councilmembers and Staff the ability to resolve problems without the intervention of the Division of Housing and Property Inspections, thereby decreasing workers' caseload. Now Therefore Be It Resolved That: The Common Council requests that Corporation Counsel prepare an amendment to Article 9, Sections 157, 158 and 159 of the City Charter, Registration of Owners, Mortgagees and Tax Agents, Resident Owners and Mortgagees and Appointment of Tax Agents by Non-residents, requiring accurate addresses and telephone numbers of resident and nonresident property owners and/or tax agents. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 159 By: Mr. Helfer Request For Change in In Rem Proceedings Whereas: The City of Buffalo is in the midst of a financial crisis; and Whereas: The City of Buffalo needs to efficiently collect taxes and fees; and Whereas: The City of Buffalo needs to increase its revenues; and Whereas: The City has $1,038,402.91 in uncollected taxes for the 1990-91 tax year, $2,052,811.46 for the 1991-92 tax year, $6,785,943.12 for the 1992-93 tax year and $6,635,292.00 for the 1993-1994 tax year; and Whereas: A property owner in the City of Buffalo can fail to pay taxes for two years before a foreclosure action is even initiated; and Whereas: There are currently 2,400 properties in foreclosure because of tax arrears; and Whereas: The City of Rochester implemented a one year foreclosure policy and realized a significant decline in foreclosures of investment and homestead properties; and Whereas: Since the City of Buffalo has a two year in rem policy many property owners who are in arrears for two years of unpaid taxes pay the one year of their arrears to keep the property out of foreclosure but still remain one year behind. This practice denies the City of Buffalo much needed revenue; and Whereas: On April 2, 1993, the City of Buffalo initiated In Rem 27 foreclosure proceedings by sending notices of impending foreclosure to 1,094 property owners. In October of 1993 the time of legal publication, 716 properties remained in foreclosure. On October 25, 1993, 308 properties were put up for sale, thus proving that the threat of foreclosure generates a response; and Whereas: On January 12, 1994, the Assessment Department sent notices to 2,268 delinquent property owners notifying them of impending foreclosure. The notices generated $1,528,434,91; and Whereas: Many property owners only paid the delinquent tax that kept them out of In Rem, remaining at least one year behind in taxes due; and Now Therefore Be It Resolved That: The Common Council Memorialize the New York State Legislature to introduce and approve legislation amending Chapter 724 of the Laws of New York 1973, No. 186, Section 1, which will allow the city of Buffalo to change the in rem procedure from two years to one year; 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 Secretary of the Senate, Clerk of the Assembly and members of the Western New York Delegation. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF ASSESSMENT, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 160 By: Mr. Helfer Request For Change In The Way The City Collects Property Taxes. Whereas: In today's economy many of our taxpayers are finding it most difficult to pay real property taxes in a timely fashion, and therefore are being forced to pay huge penalties. Many of these property owners have offered to make partial payments but unfortunately there is no provision for the receiver/collector to accept such partial payments; and Whereas: With the escalation of taxes we must assist the distressed property owner who in many cases is a senior citizen on a fixed income, small business owner or a person with cash flows impeded by economic problems of the day; and Whereas: 63,169 property owners in the city of Buffalo do not escrow their taxes; and Whereas: The city of Buffalo collects taxes in two partial payments yet many property owners cannot make timely payments. Since 1989 the amount of unpaid taxes has risen steadily in each fiscal year. From the fiscal year 1988-89 up to the fiscal year 1993-94, $17,226,083.32 in taxes remain unpaid. Currently the total of taxes unpaid since 1970-71 as of March 31, 1994, including interest and penalties total $18,691,680.20. Ninety-two percent of the taxes in arrears have accrued since the fiscal year 1988-89; and Whereas: Four installment payment plans to collect city taxes have been in existence in the cities of Rochester and Syracuse for twenty years through a city charter amendment. The installment plans have proven to be popular with the taxpayers, tax receivers and have lowered the amount of taxes due at the end of the fiscal year while improving cash flow for the cities; and Whereas: The State of New York has passed legislation to allow municipalities and counties to collect taxes on partial payment and installment plans. Currently, there is a bill in the State Assembly and State Senate that addresses partial payments for city of Buffalo taxpayers. The legislation is an act to amend the Erie County tax act to authorize the legislative body of the County of Erie to enact and amend a local law providing for partial payments of current fiscal year county taxes by City of Buffalo property owners; and Whereas: The County of Erie has implemented a partial payment plan pursuant to enabling legislation from the State of New York. The plan has proven successful and popular with tax payers, government officials and tax receivers in the towns of Orchard Park, Tonawanda, Cheektowaga, Amherst and Lancaster. It has generated cash flow for the collection while at the same time reduced the initial liability of the taxpayer; and Now Therefore Be It Resolved That: The Common Council request that the Corporation Counsel research the need for enabling legislation to implement a payment plan for the City of Buffalo. If state legislation is required, the Common Council request that the Corporation Counsel memorialize the state legislature to allow the City of Buffalo to enact an installment plan for the collection of city taxes. Be It Further Resolved That: If enabling legislation is not required, the Common Council request that the Corporation Counsel draft: an appropriate amendment to the City Charter, allowing the City to set up an installment plan to collect city taxes, and include a provision for the acceptance of partial payments of taxes. Be It Further Resolved That: The amendment should provide that all taxes maybe paid without interest on or before July 31, September 30, December 31, and March 31. For parcels of property for which the total ad valorem tax is equal to four thousand dollars or less, the (4) four installments of the tax shall be substantially equal in amount. For parcels of property for which the total ad valorem tax is greater than four thousand ($4,000) the July and the December payment plan will remain the same as the city currently collects taxes. Any amount paid after its due date shall be paid with interest equal to one and one-half percent (1 1/2%) per month from the due date until the date of payment. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 161 By: Messrs. Helfer and Czajka Elimination of Permit Fee for Volleyball Leagues Whereas: Volleyball leagues have been active in the City of Buffalo since at least 1982; and Whereas: Each volleyball team pays dues to join their league. The dues pay for insurance coverage and a person to set up the nets; and Whereas: In order to obtain a permit each league must prove that they have adequate insurance coverage; and Whereas: The permit fee for use of diamonds and fields went into effect July 1, 1992. This is the first year that the permit fee for the volleyball leagues has been enforced; and Whereas: The permit fee as stated in Chapter 175-1 of the City of Buffalo Code states that each team must pay $50 per season to utilize the Diamonds and Fields in the City of Buffalo; and Whereas: The only additional work required by the Parks Department in connection with the volleyball leagues is the burning of the lines into the grass once at the beginning of the season; and Whereas: Unlike baseball leagues and softball leagues the Parks Department is required to mark the volleyball court only once a season and does not require the use of any special equipment; and Whereas: Each league supplies their own nets and equipment, the equipment is not maintained or owned by the Parks Department; and Whereas: This fee is unduly burdensome and unjustified. Now Therefore Be It Resolved That Corporation Counsel prepare an ordinance amendment Chapter 175-1, Fees to exempt the volleyball leagues from paying the Diamond and Fields fees. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 162 By: Mr. Helfer Negotiate Purchase 2777 Bailey Avenue Whereas: This Common Council has before it an amendment to the Capital Program for the 1993-94 Fiscal Year which would add $2,700,000 to 200 Capital Projects, 402 - Division of Buildings, 022 - Police Reorganization Facilities; and Whereas: This amendment increases the Capital dollars for police reorganization and a community recreation center from $1.5 million to $4.2 million for fiscal 1993-94; and Whereas: Additional dollars can be realized through the closure of four existing bond fund accounts for the Bailey /Delavan /Kensington Community Center and the rescinding of the existing authorized but unissued bond resolution for the community center project, enabling a combined Police Station / Community Center Facility to become a reality; and Whereas: A site has been identified for this facility; Now, Therefore, Be It Resolved: That this Common Council, in anticipation of the approval of the aforementioned Capital Budget Amendment, bond closeouts, and bond rescinding, authorize the Comptroller to negotiate the purchase of 2777 Bailey Avenue for use as a combined Police / Community Center facility. ADOPTED. No. 163 By: Mrs. Lockwood Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 309-28 entitled "Parks and Other Open Space" under Chapter 175-1 be amended to read as follows: Chapter 309, Parks and Other Open Space S309-28, use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. Fee City Noncity Resident Resident Seasonal fee for South $125.00 $250.00 Park, Cazenovia and Delaware Golf Courses Youths under 16 and $ 65.00 [$250.00) $125.00 senior citizens with city identification cards Daily fee for South Park, Cazenovia and Delaware Golf Course (each) 18 holes on Saturday $ 9.00 $13.00 Sunday or holiday Seniors and youths under 16 $6.50 $13.00 18 holes on other days $7.50 $11.50 Seniors and youths $5.00 $11.50 under 16 Reserve tee time, per $ 50.00 $50.00 reserved house APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 164 By: Mrs. Lockwood and Messrs. Fahey and Helfer ISTEA Funding for the Waterfront Greenway System Whereas: This Council previously passed resolution C.C.P. July 20, 1994 which requested the Department of Community Development to take the lead in applying for ISTEA (Intermodal Surface Transportation Enhancement Act) funds to develop and construct the Waterfront Greenway System; and Whereas: This request was never acted on; and Whereas: The Greenway is a pedestrian and bicycle trail system designed to connect and traverse the entire waterfront, providing public access and green space for Buffalo's citizens; and Whereas: This Council, by resolution made the Greenway System its priority project for the waterfront; and Whereas: The Greenway is a perfect match for ISTEA's funding criteria which give priority to transportation enhancement projects such as bicycle trails; and Whereas: The city of Troy, NY won ISTEA funds in the last round to build a section of the Riverfront Greenway Trail; and Whereas: The next round of ISTEA funding requires applications to be submitted by June 6, 1994; and will involve $4 million for upstate New York and Whereas: It would be beneficial for Buffalo to apply for ISTEA funds in this round; and Whereas: The Council appointed Greenway Task Force has endorsed the idea of the city applying in this round, has developed a draft project description, and stands ready to solicit letters of support for the application; and Now Therefore Be It Resolved, that: This Common Council requests the Department of Community Development to take the lead in applying for ISTEA funds for the proposed Waterfront Greenway System by June 6, 1994; ADOPTED. No. 165 By: Mrs. LoTempio Request an Automated Information Access Network for Code and Ordinance Violations for a Bureau of Administrative Adjudication Whereas: The City of Buffalo is aggressively pursuing pro-active measures to enforce compliance of it's codes and ordinances; and Whereas: Various code and ordinance violations such as "excessive alarm responses" are very costly to the City, yet there is no automated means of record keeping or categorization to assist pro-active enforcement; and Whereas: The City is proposing a Bureau of Administrative Adjudication as a central prosecutory base for the enforcement of all codes and ordinances; and Whereas: Creating an automated information access network for code and ordinance violations would give city departments the ability to enter current code and ordinance violations and license expiration data facilitating proper notification mailings and retrieval by the Bureau of Administrative Adjudication for proper enforcement measures; and Now, Therefore Be It Resolved That: This Common Council request the Division of Data Processing to create a automated information access network for code and ordinance Violations data which will encompass all pertinent city Departments including Police and Fire; and Be It Further Resolved That: This code and ordinance violation data base be uniform and accessible for all city departments and have a direct link to a proposed Bureau of Administrative Adjudication for access to assist enforcement measures. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 166 By: Mrs. LoTempio Correction - Appt. Superintendent of Apparatus (Fire) (Item No. 47, C.C.P., July 7, 1992) Whereas, James Durham was appointed to the position of Superintendent of Apparatus, effective July 2, 1992, at the maximum salary which was incorrectly stated as $31,314 instead of the correct amount of $36, 931 and the Audit Department has requested that this Council correct the error, Now, therefore, be it resolved that the records indicated that Mr. Durham's appointment was effective July 2, 1992 at the maximum salary of $36,931. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION & FINANCE AND THE COMPTROLLER. No. 167 By: Mrs. LoTempio Ordinance Amendment Chapter 75 Of Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That the fees of Chapter 75-18 of Chapter 175, coin-controlled amusement device fee and arcade license, be amended to read as follows: Per device in arcade[ $78.75] $47.25 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. PASSED. AYES- 13 NOES- 0. No. 168 By: Mrs. LoTempio Endorse City of Buffalo Labor Management Quality Improvement Committee Grant Application Whereas: Representatives of labor and management in the City of Buffalo have begun meeting to explore ways to improve the quality of services to the public through shared responsibility and decision making; and Whereas: These meetings began under the auspices of an invitation from John Scardino, President of AFSCME Local 264, and have resulted in the formation of a working committee consisting of Presidents of AFSCME Locals 650 and 2651, District Council 35, the Common Council, the Director of Labor Relations and the Comptroller; and Whereas: This "Quality Improvement Committee" has received technical assistance from Cornell University School of Industrial and Labor Relations; and Whereas: The Quality Improvement Committee wishes to begin to develop the training and expertise to apply the principles of Total Quality Management to various aspects of city services; and Whereas: Grants are available from the Federal Mediation and Conciliation Service to train and equip local government Quality Improvement Committees to implement principles of shared decision making and Total Quality Management; and Whereas: The deadline for such a grant application is May 14, 1994 ; and Now, Therefore Be It Resolved That: This Council, as the governing body of the city of Buffalo, go on record as endorsing the efforts of the Quality Improvement Committee; and Be It Further Resolved That: The Mayor be, and he hereby is, authorized to execute a grant application to the Federal Management and Conciliation Service for a grant to further the efforts of the Quality Improvement Committee. ADOPTED. No. 169 By: Mr. Pitts Set Public Hearing Proposed Land Disposition Agreement For Sale Of Disposition Parcel 4B Oak Street Redevelopment Project NYR-197 Whereas, Buffalo Hearing and Speech Center 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 has negotiated a Land Disposition Agreement for the disposition of Parcel 4B in the Oak Street Redevelopment NYR-197; and Whereas, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and Whereas, said 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 hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 6th day of May 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 17th day of May 1994. ADOPTED. No. 170 By: Mr. Pitts Cable Television Basic Service Rates Item No. 202 CCP 10/19/93 Whereas, on January 3, 1994, The City of Buffalo filed with the Federal Communication Commission a petition seeking certification to regulate basic cable service rates; Whereas, within the subsequent thirty (30) day period neither the Federal Communication Commission nor the current cable operator, TCI of New York, Inc., filed any objection to the proposed certification; Whereas, in order to begin to regulate basic cable service rates the City must adopt certain resolutions by June 3, 1994; Whereas, the required resolutions must indicate that the City will follow the Federal Communication Commission's rate regulations for basic cable service; include procedural regulations allowing for public participation in rate regulation proceedings; include a statement that the City possesses the personnel and resources necessary to administer cable rate regulations; and identity the name of the cable television franchisee to be regulated; Now, Therefore, Be It Resolved That: 1.) The City of Buffalo will follow the Federal Communication Commission's regulations for basic cable service. 2.) The City of Buffalo hereby adopts Section 592-3.6 of the Rules of the New York State Commission on Cable Television (9NYCRR subtit R, part 592) which provides procedural regulations allowing for public participation in rate regulation proceedings. The City of Buffalo expressly reserves the right to adopt additional procedures consistent with Federal Communication Commission regulations. 3.) The City of Buffalo possesses the personnel and resources necessary to administer the Federal Communication Commission's rate regulations contained in 47 C.F.R. Subpart N Sections 76.900 et seq. 4.) The City of Buffalo intends to regulate any operator providing basic cable services pursuant to a franchise granted by the City and approved by the New York State Commission on Cable Television. As of the date of this resolution, the cable operator providing these services is TCI of New York, Inc. PASSED. AYES- 13 NOES- 0. No. 171 By: Mr. Pitts Replacement of Michigan Avenue Bridge Whereas: The Common Council recently held a public hearing to determine the feasibility of removing the Michigan Avenue Bridge. The Hearing attracted businesses and residents from the immediate area; add Whereas: The Businessmen and residents all supported the removal of the bridge. It was pointed out that the removal of the bridge would allow for greater access along Exchange Street and enhance development opportunities at the Foot of Michigan to South Park Avenue; and Whereas: The City of Buffalo's Department of Public Works has supported the bridge removal since 1990. Since that time, the department has taken the appropriate steps to garner the State Department of Transportation's support; and Whereas: in order to proceed pursuant to regulations, it is imperative that the City and the Common Council propose a viable plan for the bridge removal; Now, Therefore Be it Resolved: That the following options should be investigated: 1. Replacement with at-grade crossing. Elimination of the access roads between Exchange Street and Carroll Street. 2. Replacement/Removal of the existing structure and erection of a new bridge (or bridges) on the same alignment. Related approach improvements and dedicated space for bike lanes should be included. a) Replacement with a single structure spanning both the Conrail tracks and Exchange Street; continuance of the existing access roads. b) Replacement with two separate structures spanning the railroad and Exchange Street; continuance of the existing access roads. c) Option a or b with the removal of the existing access roads and their replacement with a single two-way street or two one-way streets on new alignment. d) Replace with a single structure spanning the Conrail tracks and a right angle surface intersection between Michigan Avenue and Exchange Street. e) Replacement with a single structure spanning the Conrail tracks and a slightly skewed surface intersection between Michigan Avenue and Exchange Street. f) Replacement with a single structure spanning the railroad tracks. This option would entail lowering the railroad tracks various amounts and raising the Michigan Avenue Roadway accordingly; and; Be It Further Resolved: That the Common Council requests the State Department of Transportation to submit these options to the Niagara Frontier Transportation Committee; and Be it Finally Resolved: That the City Clerk forward a certified copy of this resolution to the State Department of Transportation. ADOPTED. No. 172 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 Local Music Programming By Councilmember Franczyk ADOPTED. No. 173 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required For The Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Karmen R. Swan Darrell J. Ruise ADOPTED. No. 174 By: Mr. Zuchlewski Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Kim M Gipp John T. Moffitt Harriet Menezes ADOPTED. UNFINISHED BUSINESS No. 175 Bond Res. - $250,000 - Redev. Broadway/Fillmore (No. 165 C.C.P., April 19, 1994) Mr. Pitts moved that Item No. 165, C.C.P., April 19, 1994, be taken from the table. Seconded by Mr. Collins. CARRIED. Mr. Pitts moved that the above item be approved. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0. No. 176 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, May 10, 1994 9:30 AM Finance Tuesday, May 10, 1994 Immediately Following Civil Service Legislation Tuesday, May 10, 1994 2:00 PM Economic Dev. Wed., May 11, 1994, 10:00 AM No. 177 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Helfer the Council adjourned at 3:35 PM. Charles L. Michaux, III City Clerk