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HomeMy WebLinkAbout94-0531 No. 11 Common Council Proceedings of the City of Buffalo Regular Meeting, May 31, 1994 Special Session, May 19, 1994 Special Session, May 20, 1994 Pension Meeting, May 26, 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 31, 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 May 17, 1994, and the Special Meetings held on May 19, and May 20, 1994 were approved. FROM THE MAYOR No. 1 Appointment of Member of Municipal Civil Service Commission Pursuant to the power vested in me by Section 66 of the Charter of the City of Buffalo, I hereby appoint Edward J. Mahoney, 131 Coolidge Road, Buffalo, New York 14220, as a member of the Municipal Civil Service Commission effective June 1, 1994 for a term expiring May 31, 2000. Edward J. Mahoney will succeed George Vossler who is retiring. Mr. Mahoney is a former City of Buffalo Councilman. He also served as Commissioner of the Erie County Board of Elections for 24 years. Based upon Mr. Mahoney's past experience, I hereby certify that Edward J. Mahoney is fully qualified to serve as a member of the Municipal Civil Service Commission. RECEIVED AND FILED. No. 2 Appointment of Member of the Broadway Market Board of Directors Please be advised that pursuant to the powers vested in me under the By-Laws between the City of Buffalo and the Broadway Market Management Corporation (BMMC), I hereby appoint Joseph P. Dobies residing at 100 Columbia Blvd., Kenmore 14217, as a member of the Broadway Market Board of Directors for a term expiring on May 1, 1997. I hereby certify that Joseph P. Dobies is fully qualified to serve as a member of the Broadway Market Board of Directors. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Appointment Buffalo Environmental Management Commission Pursuant to the powers vested in me by Section 318.2 of the Charter of the City of Buffalo, as amended, I hereby appoint Arthur J. Giacalone, residing at 900 Delaware Avenue, Buffalo - 14209, as a member of the Buffalo Environmental Management Commission for a term expiring May 1, 1996. Mr. Giacalone replaces Mr. Robert O'Hara. I hereby certify that Arthur J. Giacalone is fully qualified to serve as a member of the Buffalo Environmental Management Commission. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 4 Reappointment of member of Board of Heating Examiners Pursuant to the powers vested in me by Section 238-17 of Article II of Chapter 238 of the Code of the City of Buffalo, 1 hereby reappoint Robert Moffett, residing at 776 Abbott Road, Buffalo 14220, as a member of the Board of Heating Examiners for a term expiring April 30, 1997. I hereby certify that Robert Moffett is fully qualified to serve as a member of the Board of Heating Examiners. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 5 Walgreens - Request to Place Accessory Pole Sign at 1544-1556 Hertel Ave. Item No. 87, C.C.P., May 17, 1994 The City Planning Board at its regular meeting held Tuesday, May 24, 1994, considered the above request pursuant to Section 387-19 of the Buffalo Code - the review of pole signs. The applicant seeks to erect a 4 1/2 foot by 8 1/2 foot (38 1/4 square foot) illuminated, accessory, pole sign which will be 25 feet in overall height. The site is located in a C2 zone which permits such signage but only upon the approval of your Honorable Body. Under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board had no objection to the sign's area but felt that its proposed height (25 feet) was excessive and incompatible with the residential fabric on Parkside Avenue which is adjacent to it. Consequently, the City Planning Board voted to approve the proposed sign with the condition that It should not exceed 18 feet In overall height. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 6 Transfiguration Church, Request to Use Convent For a Halfway House at 923 Sycamore Item No. 86, C.C.P., May 17, 1994 The City Planning Board at Its regular meeting held Tuesday, May 24, 1994, considered the above request pursuant to Section 511-94 of the Buffalo Code, the review of halfway houses. The applicant, The Friends of Cazenovia Manor Inc., proposes to use the convent of the Transfiguration Church to house 24 men who are recovering alcoholics. It should be noted that the site is currently used by the applicant for administrative offices. The Buffalo Code allows halfway houses to be located in any R or C district providing that they are approved individually by your Honorable Body. The site in question is located on a lot which is zoned both C2 and R2. In considering the halfway houses, the Board is concerned with the impact the facility will have on the surrounding neighborhood as well as the degree of saturation of similar facilities in the area. After discussion, the Board felt that the facility will not negatively impact the neighborhood. The Board found that there Is no saturation of halfway houses for the treatment of alcoholism within the area of the proposed facility, with that area being defined as census tract 27.01 and 27.02. Under SEQR, the proposed development is considered an unlisted action which may be studied through uncoordinated review. The City Planning Board voted to approve the proposed halfway house. RECEIVED AND FILED. FROM THE BOARD OF PARKING No. 7 Report of Skyway Lot No. 3 Item No. 9, C.C.P. 02/22/94 Per the request of the Council Finance committee the attached communication was forwarded to Allright Parking Buffalo Inc. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE PRESERVATION BOARD No. 8 Proposed Landmark Designation Transfiguration Roman Catholic Church 929 Sycamore Street, Buffalo, New York 14212 At Its regular meeting May 26, 1994, the Buffalo Preservation Board, having conducted a public hearing on May 12, 1994, as required by the Preservation Standards of the Buffalo Code, recommended designation of Transfiguration Roman Catholic Church at 929 Sycamore Street as a local historic landmark. This recommendation is the result of findings contained in a report prepared by the Board's Landmark Designation Committee. A copy of the Committee's report and the Landmark Application/Photos are enclosed for your Information (refer to attachments 1 & 2). The Preservation Board determined that this structure meets the following criteria specified in the Code for Landmark Designation: a) It has character, interest and value as part of the development and heritage of the City of Buffalo; b) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, and method of construction; c) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. Pursuant to Article III, Sections 337-9 through 12 of the Preservation Standards, the Committee on Legislation shall hold a public hearing on this Item and report back to the Common Council with a recommendation on its findings. For your Information, the owner(s) of the property oppose the proposed landmark designation (refer to Attachment 3). The owner's representative Is: His Excellency Bishop Edward D. Head President of the Diocese of Buffalo, New York & Transfiguration Roman Catholic Church Society of Buffalo, New York Board of Trustees 795 Main street Buffalo, New York 14203 For the record, the vote by the Preservation Board on this item was as follows: AYES: Deck, Drescher, Levin, Montague, Rand, Rumsey NAYES: None ABSENT: Brady, Conlin, Leary, McCartney Motion Carried. The application was prepared by the East Side Historical Society of the Polish Community Center of Buffalo, Inc., and submitted by: Andrew Golebiowski, President East Side Historical Association 1081 Broadway Buffalo, New York 14212 If you have any questions, please contact Thomas W. Marchese, Board Secretary, at Extension 5029. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 9 Certificate Of Necessity Transfer of Funds Assessment - Automobile Allowance Assessment - Capital Outlay We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $1,065 be transferred and reappropriated from Assessment - Automobile Allowance, 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, May 18, 1994 RECEIVED AND FILED. No. 10 Certificate of Necessity Transfer of Funds Parking Enforcement -- Parking Violations Bureau Parking Enforcement -- Exempt Items 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 $2,400 be transferred and reappropriated from the Division of Parking Enforcement -- Parking Violations Bureau, as set forth below: Dated: Buffalo, NY, May 20, 1994 RECEIVED AND FILED. No. 11 Certificate Of Necessity Transfer of Funds Division of Budget and Management Division of Development We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $45,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: Dated: Buffalo, NY, May 5, 1994 RECEIVED AND FILED. No. 12 Certificate of Necessity Increased Appropriation County - Snow Removal Reimbursement Department of Street Sanitation We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $150,000 in the estimates for the fiscal year beginning July 1, 1993 is necessary in Appropriation Allotments - Department of Street Sanitation to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 88048 County - Snow Removal Reimbursement not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, May 23, 1994 RECEIVED AND FILED. No. 13 Certificate of Necessity Transfer of Funds Fringe Benefits- Hospitalization (Active Employees) Department of Audit and Control 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 $174,000 be transferred and reappropriated from the Fringe Benefits- Hosp & Sur Ins Active Employees account, as set forth below: Dated: Buffalo, NY, May 23, 1994 RECEIVED AND FILED. No. 14 Certificate Of Necessity Increased Appropriation Federal T&A Grant - Police Supplemental Hire Department of Police We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $281,250 in the estimates for the fiscal year beginning July 1, 1993 is necessary in Appropriation Allotments - Department of Police to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 96682 Federal T&A Grant Police Supplemental Hire not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, May 23, 1994 RECEIVED AND FILED. No. 15 Balance Sheets 3rd Quarter Jan- Mar 1994 This is to advise that the following information for the City of Buffalo General Fund, has been filed with the City Clerk, the Office of the Common Council Chief of Staff, and the Budget Division: For the 3rd Quarter of the current Fiscal Year representing the months of January, February and March 1994: 1. Balance Sheet 2. Summary of Revenues 3. Summary of Appropriation and Accounting Activity The Revenue report lists revenue by Department and Division within each Revenue source area. The Summary of appropriation and Accounting Activity lists appropriation, expenditure and encumbrance activity by department, division and function. This information is also available to all users of the on-line Accounting systems. This Information is furnished in response to your request for quarterly financial data. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Permission to Negotiate 38 Lemon Lot Size: (25' x 100') Assessed Valuation: $1,100 The Office of the Comptroller, Division of Real Estate, has received a request from Carol Schweickert, 63 Locust Street, Buffalo, New York, to purchase the above captioned property. She would like to purchase this City owned property to use as a driveway and in the future put up a garage and fence in. The Department of Community Development and the Department of Inspections & Community Revitalization were contacted and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale with Carol Schweickert for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Permission to Negotiate 166 Myrtle Lot Size: (25' x 78') Assessed Valuation: $1,200 The Office of the Comptroller, Division of Real Estate, has received a request from Santos and Rita Rodriguez, 164 Myrtle, Buffalo, New York, to purchase the above captioned property. They would like to purchase this City owned property to expand their yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contacted and they have no objection to this sale. There are no outstanding taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Santos and Rita Rodriguez for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, May 24, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Santos and Rita Rodriguez, 164 Myrtle, Buffalo, New York, for the private sale of 166 Myrtle and report to this Honorable Body the results of such negotiations. ADOPTED. No. 18 Results of Negotiations 2040 Bailey Avenue, W 33' N Doat Lot Size: 33'x111' Assessed Valuation: $4,400 Item No. 23, C.C.P. 9/7/93 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with National Fuel Gas Distribution Corporation, 10 Lafayette Square, Buffalo, New York, to purchase the above property. They are purchasing the property to erect a new regulator station to upgrade facilities in that service area. An independent appraisal of the property was conducted by Sullivan Evaluation and Research, 85 Great Arrow Avenue, Buffalo, New York 14216. They have estimated the fair market value of the property to be Eleven Hundred Dollars ($1,100.00). This represents approximately Thirty Cents (.30) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Fourteen Cents (.14) a square foot to Thirty-Four Cents (.34) a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that National Fuel Gas has agreed and is prepared to pay Eleven Hundred Dollars ($1,100.00) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and the cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 2040 Bailey Avenue to National Fuel Gas Distribution Corporation in the amount of Eleven Hundred Dollars ($1,100.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Results of Negotiations 239 Masten, 108' N Eaton Vacant Lot Size: 35' X 135' Assessed Valuation: $2,000 Item No. 16, C.C.P. 3/18/94 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with William and Jane Ervin, 243 Masten Avenue, Buffalo, New York 14202, to purchase the above captioned property. They intend to purchase this property to expand their yard area. An independent appraisal of the property was conducted by James H. White, Appraiser, 537 Humboldt Pkwy., Buffalo, New York 14208. He has estimated the fair market value of the property to be Eight Hundred and Twenty-Five Dollars ($825.00). The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. & Mrs. Ervin have agreed and are prepared to Eight Hundred and Twenty-Five Dollars ($825.00) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax' recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 239 Masten to William and Jane Ervin in the amount of Eight Hundred and Twenty-Five Dollars ($825.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated May 26, 1994, be received and filed; and That the offer of William and Jane Ervin, 243 Masten Avenue, Buffalo, Ned York 14202, in the sum of $825.00 (Eight Hundred and Twenty Five Dollars) to purchase the property described as 239 Masten be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 20 Results of Negotiations 95 Northampton Lot Size: 25' X 146' Assessed Valuation: $1,500 Item No. 20, C.C.P. 2/22/94 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Ms. Louise T. Jackson, 97 Northampton Street, to purchase the above property. She intends to fence in the parcel and provide a play area for her grandchildren. An independent appraisal of the property was conducted by Arrow Appraisal Service, 3790 Broadway, Cheektowaga, New York 14227. They have estimated the fair market value of the property to be Nine Hundred Dollars ($900.00). This represents approximately Twenty-Five Cents (.25) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Twenty-One Cents (.21) a square foot to Thirty-Five Cents (.35) a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Ms. Louise T. Jackson has agreed and is prepared to Nine Hundred Dollars ($900.00), Twenty-Five Cents (.25) a square foot, for the subject property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 95 Northampton Street to Ms. Louise T. Jackson in the amount of Nine Hundred Dollars ($900.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated May 24, 1994, be received and filed; and That the offer of Ms. Louise T. Jackson, 97 Northampton Street, in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described as 95 Northampton Street be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 21 Results of Negotiations 174 N. Parade (36' X 94') Assessed Valuation: $2,500 567 Fillmore (30' X 125') Assessed Valuation: $1,880 Item No. 21, C.C.P. 2/24/94 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with National Fuel Gas Distribution Corporation, 10 Lafayette Square, Buffalo, New York 14203 to purchase the above properties. They intend to acquire these properties for the purpose of constructing a regulator station to improve service to customers in the area. Independent appraisals of the properties were conducted by Brian A. Sullivan, Sullivan Valuation and Research, 85 Great Arrow Avenue, Buffalo, New York 14216. He has estimated the fair market value of 567 Fillmore to be One Thousand One Hundred Dollars ($1,100). This represents approximately Thirty Cents (.30) a square foot for the subject property. He has estimated the value of 174 N. Parade to be Eight Hundred and Fifty Dollars ($850.00) which represents approximately Twenty-Five Cents (.25) a square foot for the subject property. The Division of Real Estate concurs with the appraiser's estimates of value. The results of our negotiations are that National Fuel Gas Distribution Corporation has agreed and is prepared to Eleven Hundred Dollars ($1,100) for 567 Fillmore Avenue and Eight Hundred and Fifty ($850.00) for 174 N. Parade. They have also agreed to pay for the cost of the appraisals, transfer taxes, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sales of 567 Fillmore Avenue in the amount of Eleven Hundred Dollars ($1,100) and 174 N. Parade in the amount of Eight Hundred and Fifty Dollars ($850.00) to National Fuel Gas Distribution Corporation. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Results of Negotiations 65 Welker, 175' N Glenwood Lot Size: 25'X 100' Assessed Valuation: $1,300 Item No. 22, C.C.P. 12/28/93 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mrs. Clara R. Weathersby, 61 Welker Street, Buffalo, to purchase the above property. Mrs. Weathersby intends to build a garage on this vacant lot. An independent appraisal of the property was conducted by Able Appraisals Associates, Dennis Walker, Appraiser, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Six Hundred and Fifty Dollars ($650.00) or Ten Cents (.10) a square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Twenty-Three Cents (.23) a square foot to Forty Cents (.40) a square foot. The appraiser's estimate is based on the present condition of the property. There was a considerable amount of debris and concrete left behind from the demolition of the former structure. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mrs. Clara Weathersby agreed and is prepared to Six Hundred and Fifty Dollars ($650.00) for the property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. In addition Mrs. Weathersby has agreed to remove all debris/concrete and grade the property at her own expense. Therefore, I am recommending that Your Honorable Body approve the sale of 65 Welker to Mrs. Clara Weathersby in the amount of Six Hundred and Fifty Dollars ($650.00). I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated May 26, 1994, be received and filed; and That the offer of Mrs. Clara R. Weathersby, 61 Welker Street, in the sum of $650.00 (Six Hundred and Fifty Dollars) to purchase the property described as 65 Welker be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF ASSESSMENT No. 23 B. Jezioro Complaints Assess. Appts. Item No. 77, C.C.P. 05/17/94 I have read Mrs. Barbara Jezioro's letter of May 17, 1994 which was sent to Your Honorable Body. Mrs. Jezioro questioned the methodology that I used to make permanent appointments the position of Assessor Trainee. I can assure you that all appointments of a permanent nature that were made for the position of Assessor Trainee were made according to the Civil Service law which states that an appointment to a Civil Service position must be one of the top three candidates from an eligible Civil Service list. Mrs. Jezioro was hired to work from September 1990 to March 1993 as an Assessor Trainee (temporary) to work specifically on the City's Assessment update. During this time period of Mrs. Jezioro's employment as an Assessor Trainee (temporary), there were no permanent Assessor Trainee positions available. From time to time it becomes necessary for me to make departmental staff changes because of the ever changing nature of Assessment Administration. These changes in Assessment Administration are a direct result of changes to the Real Property Tax Law and the Rules and regulations for Assessment Administration as set forth by the New York State Board of Equalization and Assessment. Therefore, as Commissioner of Assessment, I find it necessary to reassign work duties and in some cases, restructure the staffing operations of this department to respond to the changes in Assessment Administration. Mr. Eric Herndon's recent appointment from a seasonal employee to temporary Assessor Train' is an example of my responding to changes in Assessment Administration and the immediate needs of this office. When Mr. Herndon worked as a seasonal employee, he was assigned to duties that encompassed work in both the Tax Division and the Assessment Division of this Department. Because of the knowledge he gained as a seasonal employee in both Divisions, was able to assign Mr. Herndon as a temporary Assessor Trainee to more diverse work projects. Mrs. Jezioro worked as a temporary Assessor Trainee with work experience solely in the Division of Assessment'. She had no work experience in the Tax Division. Therefore it was my decision that by hiring Mr. Eric Herndon as a temporary Assessor Trainee, the interests of the Department of Assessment would be best served. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 24 Investigate Exempt Garbage Pick Up Item No. 159, C.C.P. 05/17/94 In the event the City's Law Department determines that the City can legally establish a methodology for assigning and allocating to tax exempt properties some of the City's costs via a "user fee," the Department of Assessment is prepared to identify the tax exempt properties on the Assessment Roll for the allocation of said "user fees." REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Liquor License Crawdaddy's 2 Templeton Terrace Item No. 68, C.C.P. 05/17/94 The above item was referred to this office for a report. We reviewed our tax files to determine if the corporation and business applying for a liquor license owe real property tax, sewer rent, local assessment or occupancy tax. According to our records the parcel assessed as 2 Templeton Terrace and assessed to Erie County Industrial Development Agency, c/o Specialty Restaurants Corporation, 4155 E. LaPalona #250, Anaheim, California shows that the corporation has failed to abide by the P.I.L.O.T. agreements and payments in lieu of taxes are two (2) years delinquent: 1992-93 $61,232.67 1993-94 $27,644.51 REFERRED TO THE COMMITTEE ON FINANCE. No. 26 Delinquent P.I.L.O.T. Accounts For your information, the attached letter was sent to the Erie County Industrial Development Agency to determine what legal action can be taken by the City and E.C.I.D.A. to collect on the remaining unpaid P.I.L.O.T. agreements. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF PUBLIC WORKS No. 27 Notification #8366 No Left Turn Regulation - Repeal from Amherst Street into New Amsterdam/Middlesex Regulation of Turns - Repeal In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to he effective forty five days after the first council meeting at which they appear on the agenda as an item business. That that part of Section 37 of Chapter 479 or Ordinances of the City of Buffalo be amended by repealing therefrom the following: NO LEFT TURN STREET INTERSECTION HRS DIRECTION PROHIB Amherst Street New Amsterdam/Middlesex 24 Hrs Westbound No Left Turn The 24 hour No Left Turn prohibition is being repealed and peak hour prohibitions are being installed (see next serial). The 24 hour restriction has been found to be unnecessary and too prohibitive for current traffic volumes; only peak hour restrictions are needed to safely regulate traffic flow. Notification #8367 No Left Turn Regulation - Install from Amherst Street into New Amsterdam/Middlesex Regulation Of Turns - Install In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first council meeting at which they appear on the agenda as an item business. That that part of Section 37 of Chapter 479 or Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO LEFT TURN STREET INTERSECTION HRS DIRECTION PROHIBITION Amherst Street New Amsterdam/Middlesex 7-10 a.m. Westbound No Left Turn & 3-6 p.m. The 24 hour No Left Turn prohibition is being repealed and peak hour prohibitions are being installed (see next serial). The 24 hour restriction has been found to be unnecessary and too prohibitive for current traffic volumes; only peak hour restrictions are needed to safely regulate traffic flow. Notification #8368 All-Way Stop Signs in Parkridge Avenue at Shirley Avenue Stop Signs - All Way In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 of Section II of Chapter 479 or Ordinances of the City of Buffalo be supplemented by adding thereto the STOP SIGNS - ALL WAY following: VEHICLES ON SHALL STOP BEFORE ENTERING Parkridge Avenue Shirley Avenue This All-Way Stop Control is being installed to improve safety at this intersection. Notification #8369 Parking Meters Parking Meters In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 of Section 33 of Chapter 479 or Ordinances of the City of Buffalo be supplemented by adding thereto the PARKING METERS following: HIGHWAY LOCATION PORTION OF HIGHWAY W. Mohawk - south side only from Franklin to Delaware W. Mohawk - north side only from S. Elmwood to Delaware Elm Street east & west sides from Carlton to Virginia Virginia St north side only from Michigan to Ellicott Michigan Ave west side only from E. North to Virginia Winspear - north side only from Comstock to Bailey Bailey Ave - west side only from Main to Winspear Ellicott St - west side only from E. North to Best E. North - north side only from Maple to Michigan Main Street - east side only from Delavan to Jefferson S. Elmwood east/ west sides from Tupper to Edward Virginia Pl - east/west sides from Allen to Virginia Hertel Ave north/south sides from Starin to Voorhees Carlton St - north side only from Ellicott to Oak Washington east/west sides from High to Carlton Washington east/west sides from Carlton to Virginia Notification #8370 Stop Signs in Scajaquada Little League Road at Bakos Boulevard Stop Signs In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 of Section II of Chapter 479 or Ordinances of the City of Buffalo be supplemented by adding thereto the STOP SIGNS following: VEHICLES ON SHALL STOP BEFORE ENTERING Scajaquada Little League Road Bakos Boulevard Primary Stop sign on SW Corner Scajaquada Little League Road Bakos Boulevard Auxiliary Stop Sign on NW Corner RECEIVED AND FILED. No. 28 Permission to enter into Agreements for Traffic Signal Work Item No. 157 C.C.P. 05/17/94 This is in response to C.C.P. #157 of May 17, 1994 regarding the above referenced subject. Please be advised that the Department of Public Works sponsored this legislation and wholeheartedly supports its passage. REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Claim for Wages Various Employees From May 23 through June 5, 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 May 23 through June 5, 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 Department of Public Works, dated May 23, 1994, be received and flied; and That the Comptroller he, and he hereby is authorized to issue payments for time worked from May 23, 1994 through June 5, 1994 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 30 Claim for Wages Various Employees From June 6 through June 19, 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 June 6 through June 19, 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 Department of Public Works, dated May 24, 1994, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from June 6, 1994 through June 19, 1994 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 31 Water Rate Restructure Study - Draft Report In response to your communication of May 5, 1994, attached herewith please find the following information: (1) Copy of Black & Veatch's Report regarding "Water Rate Restructuring Study for flee Buffalo Water Board". (2) List of members serving on the Buffalo Water Board and Water Finance Authority along with their date of expiration. If I can be of any further assistance, please do not hesitate to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 32 Report of Bids Waterline Replacement - Myrtle, Chicago and High Streets As authorized by your Honorable Body in Item No. 38 of April 27, 1994 plans and specifications were prepared and sealed proposals accepted for Replacement of Approximately 3,885 L.F. of existing 16 inch, 8 inch and 6 inch distribution watermains in Myrtle Street between Michigan Avenue and South Cedar Street (2,000 I.f.); Chicago Street between Exchange and Swan Streets (860 L.F.); Swan Street between Chicago and Pine Streets (120 L.F.); Pine Street between Swan and South Division Streets (345 L.F.); Carroll Street beginning at Chicago Street and running west approximately 150 feet (212 L.F.) and High Street between Jefferson Avenue and Genesee Street (250 L.F.) I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Wednesday, May 11, 1994: E & R General Construction 38 St. David's Drive West Seneca, New York 14224 $531,385.00 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $615,370.00 Sergi Construction, Inc. 74 Insbrook Court East Amherst, New York 14051 $690,875.00 Integrated Waste Special Services, Inc. 201 Ganson Street Buffalo, New York 14203 $756,350.00 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 E & R General Construction is the lowest responsible bidder complying with the specifications for Waterline Replacement in Myrtle, Chicago and High Streets with their bid of $531,385.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with E & R General Construction for the above work in the amount of $531,385.00 and same be charged to the Division of Water's 416-982-001 account. The Engineer's estimate for this work was $700,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 33 Report of Bids Exhaust System Reconstruction Engine #38, ladder #13 Colvin & Linden Avenues I asked for and received the following sealed proposals which were publicly opened and read on May 25, 1994. Air Cleaning Systems 3,190 Buffalo Sheet Metals, Inc. 3,950 Colgate Heating Corp. 3,962 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems in the amount of $3,190.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-076 - Division of Buildings. Estimate for this work was $2,500.00 Mr. Pitts moved: That the communication from the Department of Public Works, dated May 25, 1994, be received and flied; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Exhaust System Reconstruction, Engine #38, ladder #13 at Colvin and Linden Avenues to Air Cleaning Systems, the lowest responsible bidder in the amount of $3,190.00, with said cost to be charged against the B/F 200-402-076 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 34 Report of Bids Removal of Asbestos Pipe Insulation Kleinhans Music Hall- Symphony Circle I asked for and received the following Informal Proposals which were publicly opened and read on May 11, 1994. Zeon Corp. $13,700 Modern Environmental Service Corp. $21,435 Arric Corp. $28,000 I hereby certify that the foregoing is a true and correct statement of all bids received and that Zeon Corp. in the amount of $13,700 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-030 - Division of Buildings. Estimate for this work was $16,000.00 Mr. Pitts moved: That the communication from the Department of Public Works, dated May 25, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Removal of Asbestos Pipe Insulation - Kleinhans Music Hall, Symphony Circle to Zeon Corporation, the lowest responsible bidder in the amount of $13,700.00, with said cost to be charged against the B/F 200-402-030 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 35 Report of Bids Restoration and Rehabilitation Phase II-A Kleinhans Music Hall I advertised for on May 6, 1994 and received the following sealed proposals which were publicly opened and read on May 24, 1994. See attached Bid Tabulation: I hereby certify that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction Work - Clarence Associates Inc. in the amount of $384,485.00. Plumbing Work - A. Gareleck & Sons Inc. in the amount of $65,416.00. Mechanical Work - D.V. Brown & Assoc. Inc. in the amount of $269,400.00. Electrical Work - Frey Electric Const. Co. Inc. in the amount of $144,000. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-030-Division of Buildings. Estimate for this work was $850,000.00 REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Change in contract - Change Order #2 Reconstruction Jewett Avenue Bridge Contract #91726400 M. Falgiano Construction Company No. 155 C.C.P. 10/5/93 I hereby submit to Your Honorable Body the following "No Cost" negotiated unit price additions to the contract 1. Additional Work A. Conrail has requested our contractor, not Conrail forces, remove three existing communication poles which are now obsolete. Money is available in Item 25619.99- Railroad Protection. DESCRIPTION NEGOTIATED ESTIMATED COST UNIT PRICE QUANTITY Communication 395.00 each 3 $1,185.00 Pole B. An existing loading dock to Braun Cadillac- Buick, Inc. had to be removed during reconstruction of the bridge. This dock has to be replaced, now that construction is nearly complete. DESCRIPTION NEGOTIATED QUANTITY COST UNIT PRICE Loading Dock $3,600.00 Lump Sum $3,600.00 2. Deleted Work A. The existing concrete abutments required less class "D" repairs than originally estimated. ITEM NO. DESCRIPTION CONTRACT ESTIMATED COST 25582.0620 Removal of struc- $200 Cu.Yd 18 $3,600.00 ural; concrete & replacement with class "D" concrete Additional Work $3,600.00 Deleted Work - $3,600.00 No Cost CONTRACT SUMMARY Original Contract $818,818.00 Change Order #1 $100,000.00 Change order #2 No Cost (This change order) TOTAL $918,818.00 This work will require no extension of time. The second low bidder for this contract was Nichols, Long & Moore, in the base bid amount of $847,176.75. I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to M. Falgiano Construction Company. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 Reduction in Retention Kleinhans Music Hall Electrical Reconstruction - Phase I Reconstruction of Kleinhans Music Hall (Phase I) has been complete for three (3) months. We are negotiating a final change order cost with the contractor. It is respectfully requested that retention be reduced from the current 10% ($14,000) to 1% ($1,400) for the following contract: Frey Electric Construction Co., Inc. C-91706000 REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Savings From The Recycling Program In reply to your letter dated May 5, 1994, the total projected recyclable tonnages and their respective costs and savings for fiscal 93-94 are as follows: (Please note April, May and June's figures are projected as same from previous year.) A. The total projected transportation costs for recyclables was $511,268.41. If we were to transfer same tonnage at a higher "garbage rate" (-+ $47.00 garbage, -+ $40.00 recyclable), the total cost would be $600,231.00. We show a direct savings of $88,000.00. B. Composting costs are as follows: To transfer the projected 8,360.84 tons per year at $26.5 per ton (difference between garbage rate and compost rate), the savings are $222,309.42. There is no revenue generated from compost. C. Our 50% return on recyclables sold is as follows (projecting May and June): $102,849.42. D. A host fee is paid by Integrate& Waste Systems due to the fact that other municipalities' trucks cause a wear and tear and disrupt City roads when using the recycling facility. This fee for the year (based on usage) is projected as follows: $9,364.35. A host fee is also paid by Parker Bay. TIC projected yearly fee is as follows: In an attempt to project total earnings/revenues, I offer the following summation: $ 88,000.00 See A 222,309.42 See B 102,849.42 See C 9,364.35 See D $342,523.19 Projected Total Savings Earnings for Fiscal 93-94 Should you require additional information, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Bridge Clearances In response to your letter dated May 7, 1994, please find attached the information you requested, REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Streets Scheduled for Resurfacing - 1994 This is in response to your request for information following the Common Council budget hearing of May 5, 1994. We are providing you with the 1993-94 list of streets scheduled to be resurfaced this season. We cannot provide you with the 1994-95 Overlay List as the level of O&M and CHIPS funding for this program is being reviewed during the current budget hearing. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 NYSDOT - Reply - Concerns Grider Ramp Item No. 090, C.C.P. April 19, 1994 This is in response to C.C.P.# 90 of April 19, 1994 regarding the New York State Department of Transportation's reply to your Honorable Bodys' resolution of March 8, 1994 (Item #172). The Department of Public Works - Traffic Section has reviewed the State's response and the area in question. The Kensington Expressway, including the on/off ramps and bridge overpasses are owned and maintained by the New York State Department of Transportation. As is stated in the State's response, they will initiate a comprehensive traffic study of this region. My Department's Traffic Section will review the State's findings upon completion of their study and will offer further comment to your Honorable Body at that time. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Liquor License Applications Item #74, C.C.P. 5/3/94 In response to C.C.P. #74 applications for Restaurant, Music, Coin Controlled Amusement were mailed to William F. Weimer for 1223 Niagara Street. Applications for Restaurant and Music have been received and are being processed for S.B.J. of Western New York, Inc., 366 Tonawanda Street. The Spaghetti Warehouse at 141 Elm Street has a current 1994 Restaurant License and 47 E. Mohawk, G.T.M. Downtown Inc. has been approved and was billed for 1994. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Abandon City Easement Juanita Street Request of Gal-Van Developers, Inc. I have received a letter from Gal-Van Developers, Inc. of 135 South Division Street, Buffalo, New York requesting that the City of Buffalo abandon an easement that passes through their property on Juanita Street. The easement was acquired in 1980 for the purpose of extending a protective fence along the upper bank of the Buffalo River. Gal-Van acquired the property on March 10, 1994. They intend to use the property for residential development. As Commissioner of Public Works, I have reviewed this matter and recommend that Your Honorable Body abandon the easement described in deed liber 8890 at page 405, subject to the following conditions: 1. The top of the existing bank defines the floodway of the Buffalo River and no filling within the floodway north of said bank will be allowed. 2. The owner of Gal-Van Developers, Inc. will be responsible for replacing the fence along their property line in order to protect the public from the dangers inherent to its proximity to the river. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 44 Temporary Roadway Easement -Squaw Island Request Of U.S. Army Corps of Engineers The U.S. Army Corps of Engineers have asked me to convey to the Common Council their request that the City of Buffalo grant to the United States of America a temporary (24 month) easement for road right-of-way through Squaw Island. The purpose of the temporary right-of-way easement is to provide access to the construction site of their proposed new berm. The berm will connect the north end of Squaw Island with the west guide pier of the Black Rock Lock. The City of Buffalo, under a directive from the New York State Department of Environmental Conservation is presently entering into a four year, $12 million program for the permanent closure of the Squaw Island Landfill site. The closure project affects the same lands involved in the Corp's project and, obviously the time frames overlap. I have reviewed the proposed easement agreement and find that it will not interfere with the closure project. Therefore, as Commissioner of Public Works, I herein recommend that Your Honorable Body approve the attached right-of-way agreement and send it to Mayor Anthony M. Masiello for his signature. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 836 Main Street-Conduit Within Right of Way Mr. Charles G. Jones, P.E., acting as agent for the owners of the property located at 836 Main Street, has requested permission to install an underground conduit which would encroach City right of way at said address. The proposed conduit would extend from 836 Main, located on the Southwest corner of Virginia Street, to a parking lot on the Northeast corner of the same intersection. The conduit will enable access control and security hookup between the building and parking lot. The Department of Public Works has reviewed Mr. Jones request 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 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 conduits are installed a minimum of 36 inches below the pavement surface. 3. That the applicant supply the City with a set of "as built" plans showing the exact location of said conduit upon installation. 4. That the applicant supply the Department of Public Works with a $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 ramp. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 46 1245 Main Street Handicap Ramp Within City Right of Way Mr. Joseph L. Kopec, of Duchscherer Oberst Design, acting as agent for the U.S. Post Office, located at 1245 Main Street, has requested permission to install a handicap ramp which would encroach City right of way at said address. The proposed ramp would measure 13 feet in length and project a maximum of 5 feet from the building face into City right of way. The Department of Public Works has reviewed Mr. Kopec's application pursuant to Chapter 413-59.1 (Handicapped Access Ramps) 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 installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works with a $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 ramp. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 47 2421 Main Street Loading Dock Within City Right of Way Mr. Gary Schmitt, representing Braun Cadillac-Buick, Inc., located at 2421 Main Street, has requested permission to install a loading dock which would encroach City right of way at said address. The proposed loading dock would be located on the Jewitt Avenue side of the property and measure approximately 14 feet in length and project 10 feet from the building face into City right of way. The recent reconstruction of the Jewitt Avenue Bridge by the City necessitated the removal of an existing loading dock, the proposed loading dock would be a replacement of same. The Department of Public Works has reviewed Mr. Schmitt's request pursuant to Chapter 413-67 (Encroachment Regulations) 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 provide the City with drawings depicting the proposed loading dock which have been approved by a Licensed Professional Engineer. 2. That the proposed loading dock does not encroach, in any way, into the public sidewalk area. 3. That the applicant supply the Department of Public Works with a $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 loading dock. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 48 Solicitation of Funds-South Buffalo Lions Club Attached is an application for Solicitation of Funds for the South Buffalo Lions Club to solicit funds in the Buffalo area on Friday, July 1, 1994. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Pitts moved: That the communication from the Department of Public Works, dated May 18, 1994, be received and filed; and That the Commissioner of Public Works be, and hereby is authorized to grant an exemption to solicit funds under Chapter 316, Article VI of the City of Buffalo Ordinances to the South Buffalo Lions Club in the City of Buffalo on July 1, 1994. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF PARKS No. 49 Report of Bids-LaSalle Park Concession Item No. 35. C.C.P. Jan. 25, 1994 As authorized by Your Honorable Body, this Department prepared plans and specifications for the LaSalle Park Concession. Advertisement was handled by the Division of Purchase. The May 23, 1994 bids are as follows: NAME OF BIDDER AMOUNT Brenda Kij 4597 Wilson Drive Hamburg, New York 14075 $9,392.00 Tony Valente 131 Crestwood Buffalo, New York 14216 and Al Caci 5880 Forestcreek Drive E. Amherst, N.Y. 14051 $8,250.00 Patricia and Donald Spasiano 165 Dorchester Rd. Buffalo, New York $7,550.00 William Shylo 132 Chadduck Buffalo, NY 14207-0253 $3,500.00 I hereby certify that Brenda P Kij was the high bidder for the LaSalle Park Concession in the amount of $9,392.00. Attached are copies of the tabulations and the winning bid proposal. Remaining original bid proposals are on file in the Parks Department. Upon you approval, we will request the Law Department to proceed with drawing up a contract. I respectfully request Your Honorable Body approve the awarding of this concession to the highest responsible bidder. REFERRED TO THE COMMITTEE ON FINANCE. No. 50 Permission to Negotiate For Summer Concession at Lafayette Ice Rink The completion of the Hockey season has brought to an end the contract for the Lafayette Ice Rink concession. With the prospect of Roller Hockey starting approximately the middle of June, I am requesting permission from your Honorable Body to negotiate with the North Buffalo Hockey Assoc. to contract the concession at Lafayette Ice Rink for a 2 month period (the term of contract with Bladin' It Sports), to provide refreshments for those participating in this activity. This contract would be for 1994 only with proceeds benefitting the North Buffalo Hockey Association. The City would not receive any form of remuneration from this agreement. Permission to advertise for bids for the ice rink/winter concession will be made later. When preparing those specifications, taken into consideration will be the success or failure of this summer time activity, and will be included in the terms of the contact. Unless we hear from you in the negative, we will pursue this matter and submit the agreement for your approval. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 51 Permission to Prepare Specifications and Advertise for Bids- Parkside Lodge We are requesting authorization of your Honorable Body to proceed with the development of specifications and to advertise for bids for a concession at the Parkside Lodge at Delaware Park. We have received an inquiry into this concession and the Department of Public Works has inspected the facilities. We are proposing that this site be bid out with the understanding that the successful bidder will be responsible for all the extensive improvements, repairs and equipment necessary to make this a viable concession. Unless we hear from you in the negative, we will pursue this matter and, as always, submit all proposals and/or agreements for your determination. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 Elm Leaf Beetle Plan No. 160, C.C.P. May 17, 1994 I have been requested to supply your Honorable Body with the Department of Parks, Recreation and Forestry's, 1994 Elm Leaf Beetle Plan. Attached is said plan for your review. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 53 Tree Planting Grant We are requesting the approval of your Honorable Body to proceed with a grant from the Environmental Action Coalition, Inc. This grant is for the year ending September, 1993 A check for $33,519.00 was deposited into a Trust and Agency Account No. 620-601-258-00-000 in March of 1993. Please be advised that expenditures for the planting of trees were made during 1993 out of City Bond Fund Account No. CD 200-717-01000 000. The tree planting was completed via a contract with Gleason's Nursery, Inc. in the amount of $81,306.00, and was entirely done with City money. At this time we would like to expense the grant money into a City account, where we could utilize it for future tree planting. Mr. Pitts moved: That the communication from the Department of Parks, dated May 24, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to transfer a check for $33,519.00 from the Trust and Agency Account No. 620-601-258-00-000 into the City Bond Fund Account No. CD 200-717-01000-000 for planting of trees during 1993, as more fully described in the above communication. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF FIRE No. 54 Ordinance Amendment It is the recommendation of the Commissioner of Fire that the Common Council of the City of Buffalo amend Chapter 103-34, search of the Fire Department files to read as follows: Fire Reports ($10.00) $20.00 Fire Investigation Reports $20.00 Employment or Salary Verification ($10.00) $20.00 Certification or authentication of ($ 1.00) $25.00 any report or record on file in the Bureau of Fire Prevention REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE CORPORATION COUNSEL No. 55 BRACO I - Refund of Excess Real Property Taxes 1993-94 On November 30, 1977, a contract was executed by the City of Buffalo and BRACO I limiting BRACO I's real property tax liability as to certain properties, pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article VI of the Private Finance Housing Law. This contract places a real property tax ceiling of $45,599 as to both City and County taxes, and exempts the real property from any further similar tax for a period of forty (40) years, beginning December 30, 1976. Consequently, if in any one fiscal year the combined City and County real property tax exceeds $45,599, the taxpayer is entitled to a refund of the excess. This refund is apportioned between the City and County, according to the tax rates prevailing at the time. The parcels subject to the contract are as follows: 210 Allen Street 359-375 Busti Avenue 279 Niagara Street 231 West Avenue 87 Whitney Place 346-350 Franklin Street 922-928 Main Street 74-78 Grant Street The present application covers the 1993-94 tax year is as follows: 1993-94 City Tax $137,629.08 1994 County Tax 25,849.12 Total tax paid 163,478.20 Less combined ceiling 45,599.00 Overpayment 117,879.20 City's share (.84 x 117,879.20) $99,018.53 Your authorization is needed for a refund of $99,108.53 from the City of Buffalo to BRACO-I. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT. No. 56 Transfer of Real Estate Function to Community Revitalization Opinion No. 94-67 The Common Council has requested an opinion asking if a referendum is necessary in order to transfer the function of the Division of Real Estate within the Comptroller's Department of Audit and Control to the Department of Inspections and Community Revitalization ("ICR"). Section 23(f) of the Municipal Home Rule Law ("MHRL") requires a mandatory referendum in order to abolish, transfer or curtail any power of an elective office. The transfer of the Division of Real Estate from within the Comptroller's Department of Audit and Control to ICR would be a transfer as contemplated by Section 23(f) of the MHRL and a referendum would be required in such an instance. However, such is not the case in this instance. The matter presented concerns the transfer of certain ministerial tasks currently being performed by employees within the Comptroller's department. The shifting of these employees to ICR does not represent a transfer of the Comptroller's power as contemplated by Section 23 (f) of the MHRL. The Comptroller retains the same power he had within his department. In the interest of efficiency, the Comptroller is working with ICR to perform certain tasks. He has not lost any of his power or discretion to deal with the duties he was elected to do. This shift of employees only moves the means with which he could act. His authority remains unaffected. RECEIVED AND FILED. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 57 Change Order #3 Contract #9164500 Architectural-Engineering Services NIC Rehab 1168-1170 Broadway I herewith submit to Your Honorable Body the following change in contract for architectural-engineering services related to the Neighborhood information Center (NIC) rehab at 1168-1170 Broadway contract #9164500 with Ronald W. Bugaj, Architect: 1.) Additional design services necessary for complete replacement or heating system and portions or plumbing. Add $3,850.00 Original design plans for this project called for installation or a new forced air system on the first floor while retaining the existing hot water system on the 2nd and 3rd floors to achieve separate heating bills. In January of 1994 during a record breaking period of cold temperatures the boiler failed causing extensive damage to water system piping, cast iron radiators and plumbing fixtures due to freezing. Funds for this additional mechanical system design work are available in Bond Fund #200-717-068. A contract summary is as follows: Existing Contract Amount $28,100.00 Amount this chance $ 3,850.00 Revised contract amount $31,950.00 I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Ronald W. Bugaj, Architect, as set forth above. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 58 Secure H.U.D. Section 108 Loans (Item No. 152, C.C.P., 05/17/94) The Department of Community Development has been requested to review and respond to the above mentioned item, which mandates the securitization of H.U.D. Section 108 Loans. The Department of Community Development supports this measure to secure as fully as possible all H.U.D. Section 108 Loans. The securitization should include, but not be limited to, the use of mortgages, personalty, security filings, and personal guarantees of individuals. This should include all H.U.D. Section 108 Loans approved/included in the 20th year C.D.B.G. program, as well as, all subsequent H.U.D. Section 108 Loans. I, therefore, recommend that Your Honorable Body approve the resolution as submitted. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 59 Performance Audit - Collection of Refuse (Item #13, C.C.P. May 17, 1994) The Department is in the process of reviewing its entire refuse, recycling, and trash programs. When the review is completed, in a month or two, we will submit our comments and our findings to your honorable body. REFERRED TO THE COMMITTEE ON FINANCE. No. 60 Rescind IWS Contract (Item 148, C.C.P. May 17, 1994) At this time, the Street Sanitation Department is working with the Comptroller, and the Commissioner of Public Works to modernize the reporting system at the Transfer Station. Also, the Department has employed a full time employee, of the Streets Department to work on site at the Transfer Station. REFERRED TO THE TO COMMITTEE ON FINANCE. No. 61 Investigate Exempt Garbage Pick Up (Item #159, C.C.P. May 17, 1994) Our Department will cooperate with all other Departments if an Ordinance to this effect is approved by the Common Counsel and signed by the Mayor. The Department will obviously abide by and set up a policy to remove garbage and trash from tax exempt properties for a reasonable fee. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 62 Contractor For Asbestos Removal 499 Winslow Item #66, CCP, 3/8/94 In response to your request of March 11, 1994 asking to specify the name of the contractor who will be awarded the contract for the pre-demolition asbestos removal, the contractor is Zeon Corporation. 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 Projects Fund #200-241- 002-00000. RECEIVED AND FILED. No. 63 Authorization To Order Demolitions During Council Recess In order to expedite demolition proceedings which will be necessary during the month of August when your Honorable Body is recessed, your authorization to proceed during said recess is hereby requested, with the understanding that bids will be reported in accordance with established policy. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated May 18, 1994, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is authorized to proceed with emergency demolition proceedings during the month of August when the Common Council is on recess, with the understanding that bids will be reported in accordance with established policy. PASSED. AYES- 13 NOES- 0. No. 64 Report of Pre-Demolition Asbestos Removal Please be advised that Pre-Demolition Asbestos removal bid offers were solicited by our department on May 20, 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 BIDS 364 Guilford ZEON CORPORATION City of Buffalo $3,350.00 59 Halbert ZEON CORPORATION City of Buffalo $2,250.00 149 Jewett Ave. ZEON CORPORATION City of Buffalo $2,250.00 72 Johnson Street ZEON CORPORATION City of Buffalo $3,100.00 252 Reed - Rear Only ZEON CORPORATION City of Buffalo $1,400.00 223 Strauss ZEON CORPORATION City of Buffalo $3,150.00 762 Sycamore ZEON CORPORATION City of Buffalo $1,450.00 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 Department of Inspections and Community Revitalization, dated May 23, 1994, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to award contracts for Pre-Demolition Asbestos to Zeon Corporation, the lowest responsible bidder for 364 Guilford in the amount of $3,350.00; for 59 Halbert in the amount of $2,250.00; for 149 Jewett Avenue in the amount of $2,250.00; for 72 Johnson Street in the amount of $3,100.00; for 252 Reed - Rear Only in the amount of $1,400.00; for 223 Strauss in the amount of $3,150.00; for 762 Sycamore in the amount of $1,450.00, with said cost to be charged against the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 13 NOES- 0. No. 65 Report of Emergency Demolition Bid for 165 Chester Street Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of buffalo. Please be advised, therefore, that offers to demolish were solicited on May 15, 1994 and that the contract will be awarded to Lebis Enterprises. ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 165 Chester Street Lebis Enterprises Robert Johnson $39,999.00 165 Chester Street Buffalo, New York 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 request that upon approval by your honorable body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 Report of Emergency Bids For Demolition Various Properties Due to the very serious and hazardous condition of the buildings listed below, inspections were conducted by this department and it was determined that the 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 May 18, 1994 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 264 Coit & Garage MAPLEWOOD CONSTRUCTION CITY OF BUFFALO $5,600.00 599 Goodyear & Garage MAPLEWOOD CONSTRUCTION CITY OF BUFFALO $8,200.00 263 Guilford Street INTEGRATED WASTE SPECIAL SERVICES CITY OF BUFFALO $5,800.00 19 Halbert Street INTEGRATED WASTE SPECIAL SERVICES CITY OF BUFFALO $5,090.00 905 Smith & Garage INTEGRATED WASTE SPECIAL SERVICES CITY OF BUFFALO $4,925.00 208 Townsend INTEGRATED WASTE SPECIAL SERVICES CITY OF BUFFALO $6,760.00 43 Gittere INTEGRATED WASTE SPECIAL SERVICES CITY OF BUFFALO $5,690.00 1301 Sycamore HORIZON CONST. OF WNY INC. Garage Only CITY OF BUFFALO $600.00 278 Johnson Street LEBRIS ENTERPRISES CITY OF BUFFALO $47,500.00 15 B Street MAPLEWOOD CONSTRUCTION CITY OF BUFFALO $4,200.00 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 May 24, 1994, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Maplewood Construction at a cost of $5,600.00, for 264 Coit and Garage; to Maplewood Construction at a cost of $8,200.00 for 599 Goodyear and Garage; to Integrated Waste Special Services at a cost of $5,800.00 for 263 Guilford Street; to Integrated Waste Special Services at a cost of $5,090.00 for 19 Halbert Street; to Integrated Waste Special Services at a cost of $4,925.00 for 905 Smith and Garage; to Integrated Waste Special Services at a cost of $6,760.00 for 208 Townsend; to Integrated Waste Special Services at a cost of $5,690.00 for 43 Gittere; to Horizon Const. of WNY Inc. at a cost of $47,500.00 for 278 Johnson Street; to Maplewood Construction at a cost of $4,200.00 for 15 B Street, are hereby confirmed, ratified and approved, with said cost to be charged against the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 13 NOES- 0. No. 67 Request Additional Funds For Demolition of 472 Sycamore Street Item No. 69 CCP, 2/22/94 We are hereby requesting an increase of $3,726. 00 in the dollar amount of the project for the demolition of 472 Sycamore Street to cover the cost of the removal and disposal of approximately 2,700 sq. ft. of additional asbestos floor tile. We therefore respectfully report to your Honorable Body that this additional cost be charged to the Capital Projects Fund #200-241-002-00000. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated May 23, 1994, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is authorized to request additional funds for demolition of 472 Sycamore Street, costs for this project to be charged to the Capital Projects Fund #200-241-002-00000. PASSED. AYES- 13 NOES- 0. No. 68 Wendell Whitaker Purchase Vacant lot 724 Northampton Street Item #85 CCP, May 17, 1994 The city owned vacant lot located at 724 Northampton Street is currently part of a Land Disposition Agreement (LDA) Between the City of Buffalo Urban Renewal Agency and James Management Co., Inc. for the Kingsley New Housing Project. The Common Council approved this vacant lot to be part of the Kingsley New Housing Project on April 5, 1994 CCP #166 (see attached). 724-726 Northampton (60 x 163) was approved for the construction of one single family housing unit. Please be advised that I am in the process of negotiating with James Management to portion off ten (10) feet of said vacant lot which will leave a lot 50 x 163 for the construction of the residential dwelling unit. The remaining ten (10) feet of 724 Northampton Street can then be sold to Mr. Whitaker for his stated use. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 Liquor License Applications Item No. 75, C.C.P. 4/5/94 With regard to the above subject please be advised of the following information concerning liquor license applications for properties listed below: 852 Main St. : An on site inspection of this property shows no apparent violations at this time. 1197 Hertel Ave.: Owner has made application to convert to a sitdown restaurant. As of this date plans have not been approved and permit has not been issued. On site inspection by Inspector Art Kostrzewa shows no apparent violations at this time. 101 Theater Place (aka 622 Main St.): Site inspection of this property shows no apparent violations at this time. 61 Allen St.: On site inspection shows no apparent violations at this time. 1122 Hertel Ave.: There is no current active file or court action concerning this property. Site inspection of the exterior was done by Inspector Art Kostrzewa and shows no apparent violations at this time. 1111 Fuhrmann Blvd.: Computer and card file check show no information regarding this property although the restaurant located on site is of relatively new construction. There is no active file or court action pending against this property at this time. Further information can be supplied when available. 4-6 Grimes: On site inspection shows current use as a tavern and two apartments. There is no current file or court case pending against this property. 86 Ledger: This property is approved as a restaurant and seven roomers. Site inspection of the property shows no apparent violations as this time. 1305 Bailey Ave.: Approved use as a tavern, however there is an active file on this property with Inspector James Kleinsmith. A letter of violation has been sent to the owner requesting compliance by June 6, 1994 or court action will follow. 328 Fillmore Ave: This building has been approved for use as a store and three family dwelling. No current active file or court action pending. Site inspection shows no serious violations at this time on the exterior of the building. We trust this will satisfy your inquiry. Should you have any further questions regarding these inspections please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 70 Checks Received (Police) Item # 112, C.C.P. 4/19/94 Attached please find Commissioner Kerlikowske's response to our inquiry about expenditures from the T & A account. In the past, detail about such expenditures was not provided to Administration & Finance, so we cannot add to that provided by the Police Commissioner. In the future, however, the Commissioner assures me that asset seizure funds will not be used to supplement normal budget needs. I have also requested that this office be kept informed of such expenditures in the future. I trust this answers your questions. REFERRED TO THE COMMITTEE ON FINANCE. No. 71 Sick Leave Bank Local 264, AFSCME, AFL-CIO John J. Fitzgerald, Jr. Attached please find a Memorandum of Agreement between the City of Buffalo and Local 264, AFSCME, AFL-CIO establishing a Sick Leave Bank for the sole use of John J. Fitzgerald, Jr., an employee of the Department of Street Sanitation. Since Common Council approval is not required for agreements involving no monetary expenditures, this Memorandum of Agreement is being filed for informational purposes only. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 72 General Fund - City Gap Sheet Third Quarter Under this cover please find the City's General Fund Gap Sheet for the Third Quarter of Fiscal Year 1994. The Gap Sheet projects a positive fund balance of $415,000 for the 1993-94 fiscal year which is a reduction of $1.495 million from the $1.91 million surplus projected at the end of the second quarter and a reduction of $2.787 million from the $3.202 million surplus projected at the end of the first quarter. It should be noted that this is a preliminary estimate based upon information currently available to the budget office. Below is a summary of significant variances from the 1993-94 budget. Detail of Estimated Revenue Variances (Millions $s) + 2.62 Real Property Tax + 1.08 Other Property Tax Items (interest and Penalties; PILOTs) + .54 Non Property Tax Items (Occupancy, Utility and Cable Franchise Taxes) - 2.10 Total City Departmental Revenues (Parking Enforcement revenues are $1.48 million below budget; Housing and Property inspections is down $.26 million; Engineering is down $.2 million; Parks is down $.18 million; and Streets is down $.16 million) - .90 Sales Tax + .94 Other (Federal, State, County, Other City, Resources Transfers, Miscellaneous and Other Departmental) + 2.18 Detail of Estimated Appropriation Variances (Millions $s) - 3.82 Total Personal Services (100) - 1.01 Salaries - Regular - 3.98 Overtime Pay + 2.18 Salary Adjustment - .28 Court Time + 1.46 Meal Time - .43 Perfect Attendance incentive - .22 Education Stipend - 1.40 Productivity Stipend - .14 Other Personal - 3.82 Total + .38 Public Utility Services (200) - .01 Travel and Transportation (300) - .61 Materials and Supplies (400) - 1.94 Purchase of Services (500) + 4.63 Pension (NYS ERS, PFRS; City Fire, Police Pension Funds) - .03 Disability Compensation - .34 Social Security + 1.06 Medical insurance - .13 Other Fringes - 1.50 Miscellaneous Charges (812) + .94 Debt Service and Related Charges (814) - .30 Interfund Transfers - .10 Exempt - 1.77 Total Variance in Appropriations Summary of Budget Variances (Millions $s) + 2.18 Revenues Above Estimate - 1.77 Expenditures Above Appropriation + .41 Estimated Positive Balance for Fiscal Year 1993-94 The foregoing detail demonstrates that the city's fiscal condition continued to deteriorate over the last quarter despite a $.848 million increase in Real Property Tax collections over the same period. This deterioration is largely the result of continuing negative trends on both the revenue and expense sides of the ledger. On the revenue side, Sales Tax revenue decreased $1.15 million, parking fines and penalties decreased $.70 million and revenue from the Buffalo Water Board is projected to decrease $.10 million due to significantly decreased collections from the sale of water. On the expense side, the city's cost associated with the Buffalo Municipal Housing Authority deficit increased $.29 million, Court Time costs increased $.28 million, Judgement and Claims current year costs increased $.20 million as a result of the Hurd case and Duty Disability costs increased $.14 million in addition to these costs, the leasing of the 60/40 packers and police cars require an expenditure of $.174 million in the current year. I hope this document will help inform the Common Council on the City's 1993-94 fiscal condition. I am available to meet with your honorable body to discuss this document in greater detail. REFERRED TO THE COMMITTEE ON FINANCE. No. 73 Certificate of Appointment Appointment effective 5/31/94 in the Department of Administration and Finance, Division of Treasury, Christine A. Schalberg, 337 St. Lawrence Street, Buffalo, N.Y. 14216, to the position of Teller, Temporary at the starting salary of $23,245.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO SEWER AUTHORITY No. 74 Request information from BSA- Budget Statement Item # 141, C.C.P. May 17, 1994 In response to your request of May 18, 1994, attached is a copy of Section F of Buffalo Sewer Authority Budget Statement, which is our five-year capital plan. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 75 BMHA Hiring OF Residents The following information is provided in response to your request of May 3, 1994: 1. What is the total population of residents in BMHA housing? Resident population in Federally-Aided developments: 6733 Resident population in State-Aided developments: *1042 Total 7775 * State developments include only Ferry-Grider Homes and the seven open buildings at F. Douglass Towers. 2. Breakdown analysis of resident population by age: Federally-Aided developments: Age Distribution Number Percentage 62 & over 1490 22.13% 45 -61 893 13.26% 25- 44 1304 19.37% 18- 24 516 7.66% 13- 17 645 9.58% 6- 12 956 14.20% 0- 5 929 13.80% Subtotal 6733 State-Aided developments: Age Distribution Number Percentage 62 & over 173 16.60% 45- 61 126 12.09% 25- 44 219 21.02% 18- 24 101 9.69% 13- 17 90 8.64% 6- 12 167 16.03% 0- 5 166 15.93% Subtotal 1042 Total Program: Age Distribution Number Percentage 62 & over 1663 21.39% 45- 61 1019 13.11% 25- 44 1523 19.59% 18- 24 617 7.94% 13- 17 735 9.45% 6- 12 1123 14.44% 0- 5 1095 14.08% Total 7755 Figures for answers to numbers 1 and 2 are taken from the June, 1993 Form 114. This data is compiled each year in response to annual surveys sent to the head of each household in public housing. Survey answers reflect information for each member of that household. The Management Department is currently in the process of compiling the survey information for the period July 1993 - June 1994. A copy of the 1993 Form 114 is enclosed for reference. A breakdown of the population and age is also provided for each of the twenty-seven developments. 3. That is the total workforce of the BMHA? Total workforce as of February 4, 1994 EEO Report: 441 4. That is the number of positions that are not governed by Civil Service and what is the number of positions for which resident preference applies? Total exempt positions (positions not governed by Civil Service): 3 Total number of positions for which tenant preference applies: 1 The Authority also operates a VISTA program where residents are given preference. They receive a stipend from ACTION. Since July, 1992, we employed 12 residents through this program. 5. How many workers are residents? Total current resident employees: 19 6. How many workers are former residents who moved out In the last three years? Total number of employees who are former residents and moved out or retired since August, 1990: 7 Total number of active employees who are former residents: 32 Total number of active employees who are residents/former residents: 51 7. When was the last time a resident was hired for a permanent position? July 22, 1991 Appointed resident to permanent position. Oct. 25, 1992 Appointed resident on temporary basis.* March 13, 1994 Appointed resident on temporary basis.* March 20, 1994 Appointed resident on temporary basis.* * Permanent budgeted positions, however, must be filled on a temporary basis due to leaves of absences of permanent incumbents. 8. How many drug related evictions have occurred for the last three years, broken down by BMHA facility? Please see the enclosed breakdown. Eviction information provided is for the period January, 1993 - April, 1994, as eviction records before this time frame are in inactive storage. The monthly move-out report, Form 103 compiled by the Management Department, does not track criminal/drug related evictions. We are currently in the process of developing a new form which would enable us to monitor this activity. We do have situations where a household member is involved in criminal and/or drug activity and has left BMHA premises by Agreement reached in Court enabling the leaseholder to remain. No numbers for these types of situations are readily available. Should you require further information, please feel free to contact me. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 76 Appointment to Records Advisory Board Pursuant to Article IX, Chapter 6, Section 6-51, of the Code of the City of Buffalo, be advised that Mr. David Granville has been appointed to the Records Advisory Board, as the designee of the Mayor. Councilmember David J. Czajka, has been designated by Council President George K. Arthur as his Representative on this Board. This communication is for information purposes only. CURRENT RECORDS ADVISORY BOARD MEMBERSHIP ARTICLE IX OF CHAPTER 6, SECTION 6-51 CREATES A RECORDS ADVISORY BOARD WHICH SHALL WORK WITH AND DEVELOP POLICY FOR THE RECORDS MANAGEMENT OFFICER. COMPOSITION: RECORDS MANAGEMENT OFFICER CHARLES L. MICHAUX III CHAIRMAN MAYOR DAVID GRANVILLE (DESIGNEE) COMPTROLLER R. MICHAEL McNAMARA (DESIGNEE) COUNCIL PRESIDENT DAVID J. CZAJKA (DESIGNEE) CORP. COUNSEL EDWARD PEACE DIR. DATA PROCESSING JOHN ZEBRACKI LIBRARIAN, HISTORICAL SOC.- MARY BELL DIRECTOR BFLO. & E.C. LIBRARY MRS. PATRICIA BLACKETT (DESIGNEE) PERSON ACTIVE IN HIST. COMM. HEIDI ANNE BROWNLOW-ZIEMER (This appointment with the concurrence of the Mayor and Council President) All positions listed as members of this board may designate someone to replace them as members except for the records management officer. RECEIVED AND FILED. No. 77 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners Name 274 Delaware Wilbur Trammell 951 Elmwood Razor's Mints Organization Inc. Sportservice -Cancellation of Application for Crawdaddy's REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 78 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Margaret Quinn Street Sanitation- James Darner, Richard Fontana RECEIVED AND FILED. No. 79 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 Youth Board RECEIVED AND FILED. No. 80 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 May 13, 1994 in the Department of Common Council to the position of Intern II, Seasonal, at the Flat starting alary of $ 4.25 hr. Makia Denise Wright, 66 Courtland, Buffalo, 14215 Gerri L. Jackson, 19 Thatcher Ave., Buffalo, 14215 Appointment effective May 19, 1994 in the Department of Common Council, David S. Mingoia, 22 Tillinghast, Buffalo, NY 14216, to the position of Intern III, Seasonal at the Flat starting salary of $ 5.00 hr. Appointment effective May 17,1994 in the Department of Common Council, to the position of Intern IV, Seasonal at the Flat starting salary of $ 6.00 hr. Tabitha Halloway, 197 Stockbridge, Buffalo, NY 14215 Bryon Daniels, 46 Kerns, Buffalo, NY 14211 Appointment effective May 20, 1994 in the Department of Common Council Jeremy Colby, 43 Argus, Buffalo, N.Y. 14207 to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 hr. Appointment effective May 20, 1994 in the Department of Common Council, Christopher L. Samul, 56 Tuscarora, Buffalo, NY 14223 to the position of Intern V, Seasonal, at the Flat starting salary of $ 8.00 hr. No. 81 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 May 13, 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. Denise Bridgeforth, 1486 E. Delavan Ave., Buffalo, 14215 Marc Coppola, 286 Crestwood Ave., Buffalo, 14216 Louis Vacanti, 414 Parker Ave., Buffalo, 14216 Robert Grankowski, 12 Hertel Ave., Buffalo, 14207 Timothy McElroy, 670 McKinley Pkwy., Buffalo, 14220 Steven Thompson, 49 Castle St., Buffalo, 14214 Appointment effective May 24, 1994 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Lawrence Falzone, 174 Greenfield St., Buffalo, 14214, to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. DEPARTMENT OF PUBLIC WORKS Appointment effective May 16, 1994 in the Department of Public Works, Division of Water, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/Hr. Maureen Colern, 154 Cushing Place, Buffalo, 14220 Kathleen Wachowicz, 81 Barnard Street, Buffalo, 14206 Appointment effective May 23, 1994 in the Department of Public Works, Division of Water, to the Position of Water Service Worker Seasonal, at the Flat starting salary of $ 6.26/Hr. Daniel J. Summers, 33 Buffum Street, Buffalo, 14210 Scott Cannon, 110 Peck Street, Buffalo, 14212 Terrance Jackson, 153 Jewett Avenue, Buffalo, 14214 Arthur Forman, 1511 Broadway Avenue, Buffalo, 14212 Appointment effective May 25, 1994 in the Department of Public Works, Division of Water, Scott Dargavel, 58 Brost Drive, Buffalo, 14220, to the position of Water Service Worker, Seasonal, at the Flat starting salary of $6.26/Hr. Appointment effective May 26, 1994 in the Department of Public Works Division of Engineering, Anthony Gregory, 27 Commonwealth Ave., Buffalo, NY 14216 to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. DEPARTMENT OF PARKS Appointment effective May 23,1994 in the Department of Parks Division of Recreation to the position of Laborer II, Seasonal at the Flat starting salary of $ 6.92 hr. Jerry Brinkworth, 205 Marine Drive, Buffalo 14202 Michael Darby, 216 Best, Buffalo 14209 Jose Martinez, 79 Arnold Street, Buffalo 14213 Appointment effective May 25, 1994 in the Department of Parks, Division of Recreation, Eugene Mullen, 81 Abbott Road, Buffalo 14220, to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. DEPARTMENT OF LAW Appointment effective May 23, 1994 in the Department of Law Jeanette L. Dixon, 338 LaSalle Avenue, Buffalo, NY 14215, to the position of Law Clerk, Seasonal, at the Flat starting salary of $5.85 hr. DEPARTMENT OF STREET SANITATION Appointment effective May 12, 1994 in the Department of Street Sanitation, James E. Turner, 215 Bissell Avenue, Buffalo, N.Y. 14211, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective May 13, 1994 in the Department of Street Sanitation, Frank J. Zorechak, 136 Lafayette Avenue, Buffalo, New York 14213, to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 per hr. DEPARTMENT OF GENERAL SERVICES Appointment effective May 18, 1994 in the Department of General Services, Division of Inventory & Stores, Liam C. Caulfield, 67 Shenandoah Rd., Buffalo, 14220, to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92/Hr. No. 82 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 STREET SANITATION Appointment effective May 12, 1994 in the Department of Street Sanitation, Paul V. Sullivan, 139 Downing Street, Buffalo, NY 14220 to the position of Supervisor of Street Sanitation I, Temporary, at the Minimum starting salary of $24,103. DEPARTMENT OF GENERAL SERVICES Appointment effective May 16, 1994 in the Department of General Services, Division of Purchase Colleen A. Bohen 22 St. Martins Pl., Buffalo, 14220, to the position of Buyer, Permanent, at the Minimum starting salary of $28,105/Yr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 83 ALLRIGHT PARKING Reply To Request For Revenue Expense Records We received a letter yesterday from the Board of Parking pursuant to a directive from the Buffalo Common Council. The nature of the letter was a request by the Common Council that Allright Parking Buffalo, Inc. produce an historical three year revenue and expense audit of its operation of the above referenced facility in order that the Finance Committee can continue its analysis of our bid proposal dated February 16, 1994. We wish to state for the record that such a disclosure is clearly not a requirement under the lease Agreement dated December 1, 1990. Such a disclosure is not a requirement of the most recent bid specifications. We have been requested to produce records relating to the operation of our private business that are typically privileged information. The public disclosure of this information may damage our competitiveness in future bid offerings of this nature. However, we have requested our accounting office to prepare a detailed breakdown of the information requested. We shall be in attendance at the June 7, 1994 Finance Committee meeting fully prepared to share this confidential information with the Common Council and address any other areas of concern. This is not an important parcel, it is not particularly profitable to operate. It is the principles on one hand and the innuendos on the other that compel us to pursue this matter to its conclusion. Allright Parking Buffalo, Inc. sets the standard for the parking industry in this community. Our civic involvement, our contributions, our responsiveness, our operating integrity, and our investments in this City are unparalleled. In the few instances we have addressed Your Honorable Body in the past we have always spoken the truth and offered our most honest opinions and recommendations. We shall always continue in that vein. REFERRED TO THE COMMITTEE ON FINANCE. No. 84 BCAM Monthly Expense Report - May Buffalo Cable Access Media (BCAM), is submitting its monthly expense report detailing spending levels and programming activity for supplemental monies for the month of May. This report is being submitted in accordance to action taken by the Common Council. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 85 BCAM Budget For Extension Granted TCI Buffalo Community Television, Inc. d/b/a Buffalo Cable Access Media (BCAM) is submitting its FY 94 - 95 budget for a two (2) month period. This budget commences July 1, and ends August 12, 1994. This time period parallels with the extension period granted TCI of New York, Inc., to provide cable television services in Buffalo. At this time BCAM is experiencing a deficit of approximately $ 5,500. Revenue for FY 94. 95 budget, will come from the payment ($100,000) from TCI of New York, which due to the City when the State Cable Commission Granted them the extension. For the two (2) month period BCAM is requesting $16,600 for operating the public access center. The following is a summary of the attached FY 94. 95 budget: Personnel Effective May 9,1994, BCAM placed all of its employees on part-time hours, and its Executive Director at 28 hours per week. This move was necessary to accommodate projected cost overruns for utility services. To supplement their incomes BCAM employees have filed for partial unemployment benefits. The result of this need will force the state to assess a greater amount against the organization for unemployment insurance. Our current rate index of 3.5%, has increased to 4.2% effective this May. In planning our FY 94 - 95 budget, beginning July 1st we are proposing to keep all staff at part-time hours and the executive director at 28 hours per week. Health insurance benefits for employees have remained in effect during this period. Although monies allocated in the FY 94 - 95 budget provides coverage through August 31,1994. Services BCAM will continue to provide quality production related services in accordance with the provisions outlined in our contract with the City. To insure that quality services are provided in light of the reduction in personnel hours, BCAM has relied upon the support of volunteers to assist in meeting the needs of community producers. These dedicated volunteers are experienced users of our services, and have agreed to serve as training assistance to our staff. Fund-raising Initiatives have been under taken to support public access activities. Grant applications have been filed with both The Buffalo and Wendt Foundations. BCAM has initiated a fund-raising campaign, which is currently in progress. Monies raised from these efforts will go towards eliminating our year end (June 30,1994) projected debit of approximately $5,500. To date we have received donations totaling $ 2,050.00. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 86 BEDC Securitization of HUD Section 108 Loans Item 152, CCP, May 17, 1994 Please be advised that we have reviewed the above referenced item and concur with its intent and content. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 87 TOWN OF CHEEKTOWAGA Distribution of 1/8% Sales Tax Enclosed please find a certified copy of the resolution(s) adopted by the Cheektowaga Town Board on May 16, 1994 regarding: 1. Request Erie County to distribute to the Town, our share, of the additional one percent sales tax. RECEIVED AND FILED. No. 88 ERIE COUNTY LEGISLATURE Collection Of Overdue Taxes NOW, THEREFORE, BE IT RESOLVED, that this honorable body hereby directs the County Attorney to research and prepare the appropriate local law and/or ordinance to facilitate the same, and be it further RESOLVED, that the County Attorney file his response with the Clerk of the Legislature within thirty (30) days from the approval of this resolution, to be refereed to the Committee on Finance and Management, and be it further RESOLVED, that certified copies of this resolution be sent to the County Attorney, the Department of Budget and Finance, the County Comptroller and the City Clerks of Buffalo, Lackawanna and Tonawanda. RECEIVED AND FILED. No. 89 INTERNATIONAL UNION OPERATING ENGINEERS Oppose Ordinance Amendment Boilers /Engineers Thank you for your letter of May 19, 1994 and the copy of the resolution regarding Engineer Staffing during Lighted School House. We feet that this resolution raises some concerns which need to be addressed. First of all, this ordinance relates to having a duty qualified Engineer operating the power plant. If this were to be eliminated for this specific situation, who would operate the equipment, and what would happen If something went wrong without an Engineer on the premises? Many of the boiler installations in the Schools are older systems and need constant attention during operation, and to remove the Engineer from that situation would greatly endanger not only the children in the program, but the surrounding homes by creating a potentially explosive situation. The second point we wish to bring out is one of security. The Engineers, and their staff, are responsible for not only the overall security of the School Building, but the securing of the equipment in the Boiler Room. These systems are unlike home furnaces that operate strictly on temperature as steam pressure is the focal point of each system. They will not shut themselves off at a designated time because the system will still be calling for pressure to maintain the temperature. Someone unfamiliar (read: unlicensed) with the operation could not possibly know what all needs to be done to completely, property and safety shut down a Heating Plant. The third point, and possibly the most important point is what this resolution would do to the integrity of the ordinance for the rest of the power plant in the City of Buffalo. This resolution, should it pass, would open the floodgates for other entities (businesses, banks, office buildings and the like) to claim poverty and ask for the same exemption as Lighted School House. This not only affects our Union positions, but non-union positions as well. The single largest group this affects is the population of the City of Buffalo. We have not had a boiler accident in Buffalo due to the fact there are qualified and duly licensed Engineers in charge of the boilers and related equipment. To pass this resolution would be like starting the timer on an explosive device. In closing, we thank you for this opportunity to express our concerns to you. If you should have any questions -I may be reached at 716-674-4347. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 90 D. KWIATKOWSKI Oppose Change Of Permanent Status Attached please find a copy of a correspondence I most recently received from the Civil Service Commission. It is very evident from this correspondence that the Civil Service Commission made a very serious mistake regarding my permanent appointment as a Stenographer in the Department of Inspections and Community Revitalization, approximately four years ago. Due to Civil Service negligence I have been advised that my permanent title of Stenographer is now being down graded to a lesser classification as Contingent Permanent, which offers absolutely no bumping provisions in the event of a lay-off. Please be advised that when the position of Stenographer was offered to me, it was represented to be a permanent position. Now, four years after the fact I am being advised that the Civil Service Commission made a mistake and now are trying to correct their mistake. Because the position with the Department of Inspections and Community Revitalization was represented to be a permanent Civil Service position, I did not pursue or seek a similar permanent title in another department. The rescindence of my permanent appointment (almost four years after the fact, which was approved by the Common Council C.C.P. 3/13/90 #83 and Civil Service Commission C.S.C. 3/20/90 #11) appears to be illegal and the conclusion drawn by the Civil Service Commission is totally unacceptable to me. I think its appropriate that your Honorable Body be aware that I ranked 5th on the open competitive examination for the position of Stenographer and was canvassed from this eligible list. Due to the negligence and misrepresentation created by the Civil Service Commission, I hereby request that your Honorable Body instruct the Civil Service Commission to correct their error and further, at a minimum, reinstate me to a permanent title which I should have been entitled to some four years ago. Further, I believe I should also be entitled to fill or bump anyone who filled a permanent Stenographer position after March 1, 1990. I am requesting your Honorable Body refer this matter for review and comment to any department you deem necessary and appropriate to bring this matter to a successful conclusion. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION AND THE CORPORATION COUNSEL. No. 91 NYS ABC BOARD Inability To Consider Taxes Due Paul Shibley has asked me to respond to your letter of May 10, 1994. In answer to your questions we would submit the following: 1. The issuance or denial of a liquor license is the priority of State Law. There is nothing in that law which would empower the State Liquor Authority to deny the issuance of a liquor license to an individual until all taxes and water bills are current. 2. The rules and regulations of a state liquor license are outlined in the Alcoholic Beverage Control Law which is available from the Corporate Council's office. 3. Please be advised that there are over 1,350 on premises liquor licenses in the county of Erie. This does not include grocery stores, liquor stores, hotels and private clubs. For you to obtain a list of liquor licenses issued in the city of Buffalo, please contact Joan Shore at (518) 474-5764. She may be able to forward a print-out to you. If I may be of further assistance, please do not hesitate to call me. REFERRED TO THE COMMITTEE ON FINANCE. No. 92 N. BFLO. COMMUNITY DEVELOPMENT CORP. Proposal To Operate Lafayette Rink The North Buffalo Community Development Corporation is offering to operate the Lafayette Ice Rink in accordance with the attached proposal. We request your Honorable Body's authorization to begin negotiations with the Departments of Parks, Public Works, and the Corporation Counsel to develop a lease based on the proposal. REFERRED TO THE COMMITTEE ON FINANCE. No. 93 R. O'MALLEY Lack Of Response To Concerns Solicited I write this letter with a degree of disappointment and dissatisfaction. I watched you with respect, pride and a degree of excitement in relationship to your television broadcast almost a month ago. When you spoke at that time, you asked for the support and input from the community in order to strengthen your position and help in redirecting the City. A month has elapsed since I wrote to you. At this time, I copied the Common Council, the Police Commissioner and had the occasion to write to Assemblyman Sam Hoyt. The responses from Assemblyman Hoyt and the new Police Commissioner came almost immediately. I have not heard from either you or the Council. I understand that you must be terribly busy in carrying out the demands and rigors of your position; but I feel that if you are requesting that the public speak to you, then it becomes your duty to communicate with the community. If individual responses were not possible due to the influx of mail, then at least a "canned" response would be in order. Your lack of responsiveness can only lead me to believe that your "cry for help" of fiscal insolvency is unfounded, or based on the premise that you want to aggravate and stymie the Unions' from gaining any benefits. Whatever the case, perhaps I will never know, since I have just learned about an out-of-state offer which means that I will soon be departing Buffalo. You have lost someone who loves Buffalo dearly and is saddened by Its decay and downward trend. You have also lost the benefit of another taxpayer; and therefore, may face even further financial constraints. I wish you and the City the best... Tony, it's time to really start caring and showing it. RECEIVED AND FILED. No. 94 PRESERVATION COALITION EAF-Cobblestone District Please find attached a an environmental assessment form for the proposed Cobblestone Preservation District. Part l has been completed by the Preservation Coalition of Erie County and Part II was drafted for Council consideration by the Buffalo Preservation Board. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. PETITIONS No. 95 Harold Gantzer, owner, petition to use 2 Fuhrmann Blvd. to erect a building to be used for boat storage. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 96 Joseph Cox, agent, petition to use 187 Townsend Avenue for a halfway house. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 97 Jennifer Alessio, opposed to tax increase effective 7/1/94. RECEIVED AND FILED. Report of Regular Committee Meetings Claims Committee David Franczyk Chairman No. 98 Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Yvette Allen and Luke C. Owens, Esq., As Attorney $1,500.00 A 2. Rita L. Jenkins and Cellino, Dwyer & Barnes, As Attorneys $3,000.00 A 3. Angela Lewis M/N/G of Brandie Lewis an Infant and James P. Davis, Esq., As Attorney $9,000.00 A4. Dean A. Lloyd and David Gerald Jay, Esq., As Attorney $4,500.00 A5. Peter Martone and Paul William Beltz, Esq., As Attorney $1,500.00 A6. Dianne Mathiowetz and Koren, Bertell & Hoey, As Attorneys $2,500.00 A7. Annette Pennacchio $800.00 A8. Ronnie Pilcher and Anthony DiFilippo IV, As Attorney $12,000.00 A 9. Larry Wallworth Sr., P/N/G of Larry Wallworth Jr. $1,500.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES- 13 NOES- 0. No. 99 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. James D. Carr Claim for damage to a 1984 Oldsmobile Sentra. A wheel from a City snow plow fell off and got caught up underneath the vehicle on William Street. This caused damage to the gas tank, engine mounts and exhaust system. There is no Insurance Company involved in the settlement of this claim. $ 684.46 B 2. Cynthia A. Coccia Claim for damage to a 1989 Mercury Cougar on Louisiana Street near Perry Street from an open trench left over the weekend by the Division of Water who excavated to replace a defective 6" drain valve off 20" main. Claimant hit a large piece of concrete that was in the street from the excavation. There is no Insurance Company involved in the settlement of this claim. $ 400.00 B 3. Daniel DeWitt Claim for damage to a 1979 Chevrolet pickup truck at the intersection of Grove and Ramsdell from an un-barricaded hole from a Division of Water excavation. There is no Insurance Company involved in the settlement of this claim. $1,268.49 B 4. Rose Marie Dudley Claim for the cost of two tires which were damaged by a previously reported pothole on the Delaware Avenue "S" Curves. There is no Insurance Company involved in the settlement of this claim. $ 143.53 B 5. James A. Evans Claim for damage to a 1990 Chevrolet Lumina at the intersection of Grape and Virginia Streets by a missing sewer grate in the street. There is no Insurance Company involved in the settlement of this claim. $ 412.78 B 6. Federation of German-American Societies Claim for labor costs and expenses incurred as a result of plumbing work done by the claimant on the Schiller Park restroom facilities. There is no Insurance Company involved in the settlement of this claim. $ 940.00 B 7. Vera M. Foster Claim for damage to a 1985 Cadillac Fleetwood at the Campus East School Parking Lot. Ms. Foster, is a supervisor for the Lighted Schoolhouse Program. There is no Insurance Company involved in the settlement of this claim. $ 712.31 B 8. Paul Gentile Claim for damage to a 1982 Chrysler Cordoba. A Parking Meter at 491 Pearl Street fell on the vehicle and damaged the front quarter panel. There is no Insurance Company involved in the settlement of this claim. $ 250.56 B 9. Gordzo Enterprises, Inc. On January 6, 1992, a truck owned by Gordzo Enterprises, Inc. and being operated by their employee, James Crandell, struck a bridge overpass located between 243 and 350 Urban Street, Buffalo New York. Continental Insurance Company, on behalf of Gordzo, commenced an action against the City and Conrail for failure to post signs indicating the height of the overpass. $3,500.00 B 10. Daniel W. Grosso Claim for expenses incurred at 554 St. Lawrence Street. The Division of Water dug up and repaired a broken 6" water main in the street. In doing so they broke a sewer file that services 554 St. Lawrence Street. There is no Insurance Company involved in the settlement of this claim. $ 59.40 B 11. MaryAnn Jackson Claim for damage to a 1986 Pontiac Firebird at the Tonawanda Street Garage. Ms. Jackson is an employee of the City of Buffalo. Employees park their vehicles inside and adjacent to the trailer which they use as an office. Sometime during the course of the workday, a City truck or vehicle damaged her vehicle by pushing in the left fender. This caused collision damage and also extensive electrical damage to the interior. There is no Insurance Company involved in the settlement of this claim. $ 1,154.57 B 12. Lee S. Loretta Claim for damage to a 1985 Nissan pickup truck at 1118 Tonawanda Street. A light standard fell on top of the parked vehicle due to high winds on that day. There is no Insurance Company involved in the settlement of this claim. $ 675.00 B 13. Joseph E. Malkiewicz This is a claim for damage to a 1988 Chrysler New Yorker in front of 15 Dorchester Road. A City sanitation worker, while performing his duties in picking up and dumping a recycling box, lost his balance on a mound of snow. As a result, he lost his grip on the blue box. The box struck the vehicle on the right front fender causing damage. There is no Insurance Company involved in the settlement of this claim. $ 194.40 B 14. Debbie A. Moore and New York Central Mutual Fire Insurance Company A/S/O Claim for damage sustained to a parked vehicle by bricks that fell from a City owned building at 118 East Utica Street. The vehicle is a 1987 Toyota Corolla. $1,102.20 B 15. NYNEX (CWO 83119) Claim for damage to underground telephone cable on April 1, 1993, by a sign crew replacing a bent Stop Sign post at Congress and Auburn Streets. There is no Insurance Company involved in the settlement of this claim. $1,775.83 B 16. NYNEX (CWO 83130) Claim for damage to underground telephone cable on June 4, 1993 by Water Department crews repairing a joint leak on a 10" or 16" water main at East and Austin Streets. There is no Insurance Company involved in the settlement of this claim. $1,216.79 B 17. NYNEX (CWO 84357) On September 20, 1993, Water Department crews were called to Broadway and Mohr Streets in order to remove old water taps and lines as part of the reconstruction of Broadway. A NYNEX 200 line cable was accidently damaged by a Water Department backhoe which was removing the old water lines. There is no Insurance Company involved in the settlement of this claim. $ 1,027.58 B 18. NYNEX (CWO 84364) On October 18, 1993, Water Department crews were scheduled to dig up and plug a tap on a water main which was leaking at 157 Madison Avenue. In the process of filling the excavation after the water line repairs, a NYNEX duct was struck. There is no Insurance Company involved in the settlement of this claim. $ 213.37 B 19. Brent Ruder Claim for damage at 554 St. Lawrence Street due to basement flooding. The Division of Water dug up and repaired a broken 6" water main in the street. In doing so they broke a sewer tile which services 554 St. Lawrence Street. There is no Insurance Company involved in the settlement of this claim. $ 250.00 B 20. Jerome W. Skierczynski and Liberty Mutual Insurance Company A/S/O Subrogation claim for damage to a 1981 Buick owned by Mr. Jerome Skierczynski. While driving down Holly Street, Mr. Skierczynski hit a deep depression in the street. The Department of Public Works, Engineering Division, had prior knowledge of this depression. $ 156.33 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. No. 100 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. ABG Associates, Inc. Claim for payment of prior fiscal year Invoices #763, #785, #876 and #930 for services rendered to the Department of Public Works, Engineering Division. $ 100.85 C 2. Buffalo General Hospital Claim for services rendered to Firefighter, Anthony Matusiak III, who was injured on duty on June 12, 1991 and September 15, 1991. He injured his knee and had arthroscopic knee surgery on October 30, 1991. He has returned to work. $ 491.39 C 3. City of Buffalo Division of Water Claim for payment of a prior fiscal year invoice Bill #11049400, Account #025100250 for an outstanding water bill for City owned property at 25 Chester Street. $ 209.85 C 4. Glen Campbell Chevrolet Claim for payment of prior fiscal year Invoices #111377, #112367, #11699 and #116720 for services rendered to the Police Department for the repair of Police vehicles. $ 276.16 C 5. Globe Amerada Glass Company Claim for payment of prior fiscal year Invoice #89-83666 for services rendered to the Department of Public Works, Engineering Division for the repair of City Vehicle # E-527 on June 3, 1993 $ 126.96 C 6. Horace Rosteing Claim for payment of a prior fiscal year invoice for X-Ray services rendered to Firefighter, Victor Nelson on May 10, 1993. He was injured on duty on April 29, 1993 by hose pressure surge on his chest and upper arm. He has returned to work. $ 154.63 There are no Insurance Companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. No. 101 Miscellaneous Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 1. William C. Dunn Claim for reimbursement for an incorrect pension check deduction for health coverage from February 1993 through May 1993. $ 73.24 D 2. Diane Makey Claim for reimbursement for a payment in lieu of dental insurance for the period from December 1991 to November 1992. $ 180.00 D 3. Dennis W. Milligan Claim for reimbursement for an incorrect pension check deduction for major medical health insurance between February and April 1993. $ 238.50 D 4. Charles Muscato Claim for reimbursement for a payment in lieu of dental insurance for the period from December 1991 to November 1992. $150.00 D 5. John B. Myers Claim for an incorrect pension check deduction for health insurance coverage for April and May 1993. $ 159.00 D 6. Dale F. Senn Claim for reimbursement for a payment in lieu of dental insurance for 1991 and 1992. $ 300.00 D 7. Frances Smith Claim for reimbursement for an incorrect pension check deduction to a widow of a deceased City employee, Lee A. Smith for health coverage. $ 110.86 D 8. Rickey Jones Reimbursement of money confiscated by the Buffalo Police Department when Mr. Jones was arrested for gambling on Doat Street. $ 2,282.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. No. 102 Miscellaneous Payroll That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: E 1. Ann E. Klenk Claim for one day's pay. On January 6, 1994, Ann Klenk was terminated from her position as City Treasurer. On that date, Ms. Klenk performed services in her position up until 3:00 P.M. Marilyn Smith began working that same day. Ms. Smith was paid for working as City Treasurer on January 6, 1994. Only one person can be paid for that day's service from the salary budget line. $ 170.71 That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES- 13 NOES- 0. No. 103 Report to the Claims Committee That, upon the recommendation of the Common Council, the following claims be paid: F 1. Susan Alessi and William Fitzery and the Dorchester Road Association In June and July of 1993 the curbs on Dorchester Road were dug up and replaced. The work was performed by MPJ Contracting Inc. under a City contract. During the course of their work, the landscaping in the center median was allegedly damaged. The landscaping had been performed and paid for by residents from the street. The claim has been forwarded to the contractor and Merchants Mutual Insurance Company, the insurance company for the contractor. The City of Buffalo is a named insured on the insurance provided by the contractor. Susan Alessi $ 1,064.00 William Fitzery and the Dorchester Road Association $ 800.00 F 2. Lance Tlustos Item No. 93, C.C.P. March 22, 1994 Mr. Tlustos' claim is for pothole damage to his vehicle a 1984 Dodge Omni at 384 Delaware Avenue "S" curves. The City Clerk's Office had no previous written knowledge of the respective hazardous condition. $ 151.18 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. Civil Service Rosemarie LoTempio Chairwoman No. 104 Appointment Director of Buffalo Arts Commission - Corrected That Communication No. 58 April 19, 1994, be received and filed and the non-competitive appointment of David F. Granville stated above at the maximum salary $35,663.00 effective on February 25, 1994, is hereby approved. PASSED. AYES- 13 NOES- 0. No. 105 Background/Qualifications Dir. of Arts Commission (CD) (Item # 54 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Appointment Chief Building Inspector That Communication No. 71 April 19, 1994, be received and filed and the provisional appointment of Gary W. Ziolkowski stated above at the maximum salary $36,018.00 effective on April 6, 1994, is hereby approved. PASSED. AYES- 13 NOES- 0. Finance David Collins Chairman No. 107 Union Ship Canal Redevelopment Project Tax Liens (Item # 161 CCP December 14, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Transfer of Funds Division of Budget and Management Division of Engineering (Item No. 147, C.C.P., May 3, 1994) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, the sum of $27,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Projects account, said sum is hereby reappropriated as set forth in the above item. PASSED. AYES- 13 NOES- 0. No. 109 Revenues from City Court 1993-94 (A&F) (Item # 60 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Solicitation of Funds Permit-Citizens Action of New York (Item No. 41, C.C.P., May 17, 1994) That the Commissioner of Public Works be and hereby is authorized to grant an exemption to solicit funds under Chapter 316, Article VI of the City of Buffalo Ordinances to Citizens Action of New York within the City of Buffalo from June 1, 1994 to September 30, 1994. Mr. Czajka now moved to recommit to the Committee on Finance. Seconded by Mr. Collins. ADOPTED. AYES- ARTHUR, COLLINS, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA- 7. NOES- BELL, COPPOLA, FAHEY, LOCKWOOD, PITTS, ZUCHLEWSKI- 6. No. 111 New Fire Station/Training Facility SEQR Lead Agency Designation (Item No. 24, C.C.P., May 17,1994) That this Common Council consents to the designation of the Department of Public Works as Lead Agency under the New York State Environmental Quality Review Act for the New Fire Station/Training Facility. ADOPTED. No. 112 Negotiate Private Sale - 421 Pratt (Item No. 15, C.C.P., Feb. 8, 1994) That the Comptroller be, and he hereby is authorized to negotiate with Ms. Linda M. Oden Johnson, Buffalo, New York, for the private sale of 421 Pall and report to this Honorable Body the results of such negotiations. ADOPTED. No. 113 Negotiate Private Sale 405 Spring (Compt) (Item # 19 CCP March 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Extension Time of Contract - Hatch Cover Rehab (PW) (Item # 21 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Fully Executed Drug Interdiction Contract (Pol) (Item # 46 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Permission to Advertise for Cafeteria Concessions in City Hall (Item No. 29, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to advertise and to accept proposals for operation of the cafeteria concessions in City Hall. ADOPTED. No. 117 Delaware Park Tennis Concession (Item No. 43, C.C.P., May 17, 1994) That the Commissioner of Parks be, and he hereby is, authorized to enter into negotiations for a Tennis concession at the Delaware Park Tennis Courts and that the Commissioner of Parks file with this Common Council the agreement for final approval. PASSED. AYES- 13 NOES- 0. No. 118 Plans and Specifications 1994 Street Cuts (Item No. 30, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to advertise and to prepare plans and specifications and advertise for sealed proposals for the Repair to Street Cuts - Various Section of the City - 1994, as more fully described in the referenced communication, with said costs to be charged to CPF Account #200-401-507-00-000. ADOPTED. No. 119 Plans and Specifications for Reconstruction of Park Street (Item No. 31, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise for sealed proposals for the Reconstruction of Park Street -Allen Street to North Street, as more fully described in the above communication, with funds for this project shall be transferred to CPF Account #200-401-549-00-000 prior to bid date. ADOPTED. No. 120 Engage Consulting Engineer Clean Watermains - Amherst, etc. (Item No. 32, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is authorized to engage a Consulting Engineer to prepare plans and specifications and provide full time field inspection for Cleaning and Cement Mortar Lining of existing watermains in the area within Amherst, Starin, Hertel, Main Streets, funds to engage the services of an engineering firm are available in the Division of Water's Capital Projects account. ADOPTED. No. 121 Engage Consulting Engineer Clean Watermains - Fillmore Avenue, etc. (Item No. 33, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is authorized to engage a Consulting Engineer to prepare plans and specifications and provide full time field inspection for Cleaning and Cement Mortar Lining of Watermains in Fillmore from Broadway to Kensington, funds to engage the services of an engineering firm are available in the Division of Water's Capital Projects account. ADOPTED. No. 122 Engage Consulting Engineer New Watermains at Crossroads Arena (Item No. 34, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is authorized to engage a Consulting Engineer to prepare plans and specifications and provide full time field inspection for Installing Watermains in Various Streets - Crossroads Area, funds to engage the services of an engineering firm are available in the Division of Water's Capital Projects account. ADOPTED. No. 123 Engage Consulting Engineer New Watermains - Bailey Avenue, etc. (Item No. 35, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is authorized to engage a Consulting Engineer to prepare plans and specifications and provide full time field inspection for Installing Watermains from Bailey Avenue from South Park to McKinley Parkway, funds to engage the services of an engineering firm are available in the Division of Water's Capital Projects account. ADOPTED. No. 124 Engage Consulting Engineer New Watermains Niagara Falls Boulevard, etc. (Item No. 36, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is authorized to engage a Consulting Engineer to prepare plans and specifications and provide full time field inspection for Installing Watermains in Niagara Falls Boulevard and Jefferson Avenue, funds to engage the services of an engineering firm are available in the Division of Water's Capital Projects account. ADOPTED. No. 125 Engage Consulting Engineer District Heat Expansion (Item No. 37, C.C.P., May 17, 1994) That the Commissioner of Public Works be, and he hereby is authorized to engage a Consultant, Joseph Technology Corporation, Inc. to review and approve the interconnection of the Erie County Rath Building to the Buffalo District Heating System, funds for this consultant are available in CPF 200-402-512. PASSED. AYES- 13 NOES- 0. No. 126 Citywide Playground Renovations Phase I (Item No. 53, C.C.P., May 17, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Citywide Playground Renovations Phase I to Tomani Eastern, Inc., the lowest responsible bidder in the amount of $58,900.00, with said cost to be charged against the Bond Fund 200-717-049. PASSED. AYES- 13 NOES- 0. No. 127 Daniel Sansanese Settlement Demolition 142 W. Delavan Avenue (Item No. 48, C.C.P., May 17, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Corporation Counsel be, and he hereby is, authorized to compromise settlement against Mr. Daniel Sansanese in the amount of $5,000 for the demolition of 142 W. Delavan Avenue. PASSED. AYES- 13 NOES- 0. No. 128 Parking Meter Damage (CC) (Item # 50 CCP April 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Report on hand held PVB Computers (Item # 166 CCP April 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Audit Report - Sewer Authority (Compt) (Item # 20 CCP April 5, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Reply to Audit (BSA) (Item # 66 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Information Network for Administration Adjudication Bureau (Item # 165 CCP May 3, 1994) That the above mentioned Item be and the same is hereby referred to the Adjudication Task Force. ADOPTED. Legislation Alfred T. Coppola Chairman No. 133 Transfiguration Roman Catholic Church Petition to use 923 Sycamore Street (Item No. 86, C.C.P., May 17, 1994) That after a public hearing before the Committee on Legislation on May 24, 1994, the petition of Transfiguration Roman Catholic Church, owner, permission to use 923 Sycamore Street for a Halfway House for 24 people be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 134 Michael Curto Petition to use 210 Porter Avenue (Item No. 93, C.C.P., Apr. 19, 1994) That the above item be, and hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That after a public hearing before the Committee on Legislation on May 24, 1994, the petition of Michael Curto, operator, permission to use 210 Porter Avenue for a take out restaurant be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 135 Use 210 Porter (C.P.Bd.) (Item # 5 CCP May 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 M. Rand- Continued Problems 221 Linwood (Item # 82 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 224 Allen Street - Permission to Install Sidewalk Cafe (Item No. 37, C.C.P., May 3, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Robert Lesser, owner of the Topic Cafe, located at 224 Allen Street, 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 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 $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. 8. That seating be limited to accommodate no greater than fifteen persons. PASSED. AYES- 13 NOES- 0. No. 138 561 Forest Avenue - Permission to Install Sidewalk Cafe (Item No. 39, C.C.P., May 3, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Frank Delisignore, owner of the Bourbon Street Restaurant, located at 561 Forest 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 40 feet in length or extend more than 8 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. 8. That the sidewalk cafe close by 11:00 p.m. 9. That no mucic be allowed outside. PASSED. AYES- 13 NOES- 0. No. 139 Ordinance Amendment - Water Rates (PW) (Item # 41 CCP April 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Ordinance Amendment - Article 9, Sections 157, 158 & 159 Registration of Property Owners (Item No. 158, C.C.P., May 3, 1994) That this Common Council requests that the Corporation Counsel prepare an amendment to Article 9, Sections 157, 158 and 159 of the City Charter, Registration of Owners, Mortgages and Tax Agents, Resident Owners and Mortgagees and Appointment of Tax Agents by Non-Residents, requiring accurate addresses and telephone numbers of resident and non-resident property owners and/or tax agents. ADOPTED. No. 141 Broadway Market Management Corporation By-Law Amendment (Item No. 74, C.C.P., May 17, 1994) That the Board of Directors of the Broadway Market Management Corporation be, and hereby is authorized to amend its by-laws as described in the above referenced item. PASSED. AYES- 13 NOES- 0. No. 142 Request for Change - In Rem Proceedings (Item No. 159, C.C.P., May 3, 1994) 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 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. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 143 Change in In REM Proceedings (Compt) (Item # 14 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Change in In Rem Proceedings (Assmt) (Item # 17 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Change in In Rem Proceedings (A&F) (Item # 61 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Change Process for Tax Collection Process (Item No. 160, C.C.P., May 3, 1994) That if enabling legislation is not required, the Common Council requests 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; That the amendment should provide that all taxes may be 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 (11/2%) per month from the due date until the date of payment. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 147 Change The Way The City Collects Taxes (Assmt) (Item # 18 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Change In The Way The City Collects Taxes (A&F) (Item # 62 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Status of Liquor License Applicant (Item # 19 CCP May 17, 1994) That the above mentioned Item be and the same is hereby referred to the Finance Committee and the State Liquor Authority. ADOPTED. No. 150 April Office Space Report (CD) (Item # 51 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 P. Bailly-Non-compliance with ADA Guidelines (Item # 82 CCP May 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Compliance with ADA Guidelines (A&F) (Item # 63 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 C. Littlejohn - Alternative Youth Programs (Item # 78 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Economic Development Carl A. Perla, Jr. Chairman No. 154 Empowerment Zone/Enterprise Community Progress Report (Item No. 2, C.C.P., May 17, 1994) That the Mayor's Executive Summary regarding the City of Buffalo's proposed application to the U.S. Department of Housing and Urban Development for Empower Zones and/or Enterprise Communities designations be, and hereby is approved. Mr. Franczyk now moved to recommit the above item. Seconded by Mr. Fahey. LOST. AYES- CZAJKA, FAHEY, FRANCZYK- 3. NOES- ARTHUR, BELL, COLLINS, COPPOLA, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 10. Mr. Perla now moved his original motion to approve the item. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0. No. 155 Include Fillmore District in Application For Empowerment Zone/Enterprise Communities (Item No. 151, C.C.P., May 17, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Perla now moved: That the above item be received and filed. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, HELFER, LOCKWOOD, LOTEMPIO PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FRANCZYK- 1. No. 156 Front Park Master Plan Consultant Selection (PW) (Item # 23 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 CDBG Funds-Senior Housing 3080 Main Street (#144 11/3) (Item # 133 CCP November 30, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 Transfer of Property - 112 Tenth Street (Item No. 20, C.C.P., May 3, 1994) That the city-owned property at 112 Tenth Street, under the Urban Homestead Program, be transferred to American Shelter Corporation for One Dollar ($1.00); 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 upon the following condition; That the transfer will be contingent upon the sale of property to a low income purchaser within 24 months of the transfer of title by the City to the developer/sponsor. PASSED. AYES- 13 NOES- 0. Auditorium/Stadium Task Force James W. Pitts Chairman No. 159 Certificate of Determination (Compt) (Item # 14 CCP February 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Sabres Interim Lease (#196 3/27) (Item # 212 CCP June 5, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Sabres- Amend Interim Lease (Item # 101 CCP April 16, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 Amend Interim Lease with Sabres (Item # 182 CCP March 5, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 163 Amend Interim Lease with Sabres (CC) (Item # 68 CCP March 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 Amend Interim Lease with Sabres (CC) (Item # 61 CCP April 30, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 Sabres- Modify Interim Lease (Item # 75 CCP March 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 Equal Share From Sabres for Area (Item # 226 CCP May 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Financial Plans For Sports Facilities (Compt) (Item # 20 CCP January 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 168 Sabres- User fee- City Facilities (Item # 71 CCP November 13, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 NYS Urban Development Corp- Hrg. Not.- Crossroads Arena (Item # 94 CCP November 3, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 Buffalo Sabres (Crossroad Arena Corp.) Ticket Surcharge (Item # 76 CCP November 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 171 C. Griffasi- Impose Sports Tax (Item # 57 CCP January 11, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 172 Impose a Sports Tax (A&F) (Item # 53 CCP January 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 173 By: Messrs. Arthur and Coppola Commission a Task Force to Explore Merging the Operations or Certain Functions of the Buffalo Philharmonic Orchestra with the Rochester Philharmonic Orchestra Whereas: The Buffalo Philharmonic Orchestra (BPO) has suspended it's concert season due to financial hardship and an inability to meet it's payroll; and Whereas: The Buffalo Philharmonic Orchestra, facing a $376,000 deficit for the fiscal year ending August 31, 1994, has laid off all 80 musician employees; and Whereas: As City Leaders, this Common Council recognizes the importance of the Buffalo Philharmonic Orchestra to the people of Buffalo and particularly the arts community; and Whereas: Merging all or some functions and operations of the Buffalo Philharmonic Orchestra with the Rochester Philharmonic Orchestra would streamline operations, make more effective use of financial aid' and reinforce the operations of both financially stressed organizations Now, Therefore Be It Resolved That: This Common Council requests the Board of Directors of the Buffalo Philharmonic Orchestra to commission a task force or be willing to take part in a Council task force to explore a merger of operations or certain functions of the Buffalo Philharmonic Orchestra with the operations of the Rochester Philharmonic Orchestra; and Be It Further Resolved That: The Buffalo Philharmonic Orchestra, upon completion of deliberations of this task force, file a report with this Council outlining the feasibility of such an endeavor; and Be It Further Resolved That- The Board of Directors of the Buffalo Philharmonic Orchestra accept a representative from the Buffalo Common Council to assist on this task force and act as a liaison to this Council; and Be It Finally Resolved That: The City Clerk forward a certified copy of this resolution to the Board of Directors of the Rochester Philharmonic Orchestra. ADOPTED. No. 174 By: Messrs. Arthur and Coppola Report on Abolishment of Water Authority Whereas: The Buffalo Municipal Water Finance Authority was established pursuant to the New York State Authority Act; and Whereas: The stated purpose of creating such an entity was to initiate an aggressive rebuilding and maintenance program for the city's long-neglected water system at the lowest possible cost; and Whereas: It was anticipated that the authority would also help improve the city's credit rating, while still keeping control of the system largely in the city's hands; and Whereas: While rates were expected to rise in the first couple of years, it was asserted that rates would level off after that time with just nominal inflation-related rate hikes; and Whereas: In light of the actual track record of the Buffalo Municipal Water Finance Authority, many now question whether it is in the best interests of the city of Buffalo to continue operating the water system in the present manner; Now, Therefore Be It Resolved: That the Corporation Counsel be requested to submit a written report to this honorable body detailing the following: 1. The steps that would have to be taken to abolish the Water Authority and allow the City to revert to its previous water distribution system; 2. The steps that would have to be taken for the City to lease and operate the water system; 3. What methods the Common Council has at its disposal to challenge any water rate increases that it deems excessive; and Be It Further Resolved: That the Commissioner of Public Works be requested to submit a report detailing: 1. The names of all attorneys, advisors and consultants who have been on the payroll of the Water Authority; 2. The nature of the work performed by those attorneys, advisors and consultants. REFERRED TO THE FINANCE COMMITTEE, THE COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL AND THE WATER BOARD. No. 175 By: Messrs. Arthur and Coppola Water Rate Information Whereas: In the City of Buffalo there is the Buffalo Municipal Water Finance Authority, a public benefit corporation that finances water system projects, and the Buffalo Water Board, a public benefit instrumentality which sets rates and fees; and Whereas: The Board has the responsibility to establish rates and charges for water service so that enough revenues are generated to cover the debt service of the Authority, the operating and maintenance costs of the water system, and payments to the city for outstanding general obligation bond support services and other system-related expenses; and Whereas: There is presently a great deal of confusion over the exact methodology used by the Water Board to determine those rates and charges; Now, Therefore Be It Resolved: That this Common Council requests that prior to setting rates, the Water Board inform this honorable body in complete detail what the water rate will be and precisely how it was determined; and Be It Further Resolved: That the City Clerk forward a certified copy of this resolution to the Buffalo Municipal Water Finance Authority and the Buffalo Water Board. ADOPTED. No. 176 By: Messrs. Arthur, Coppola, & Zuchlewski Arrearages By Large Water Users Whereas: A recent report identified 16 large water users in the City of Buffalo who, as of May 19, 1994, owed water bills totalling more than $600,000; and Whereas: Many of these users, which include large businesses, hospitals and educational institutions, owe for billings that date back to the previous fiscal year; and Whereas: At a time when Buffalo's water users are experiencing significant water rate increases, it is unconscionable that these entities are being allowed to accumulate such considerable arrearages; and Whereas: The Water Authority needs to take immediate action to collect this money, and to send a strong message that all water users are expected to pay their water bills promptly. Now, Therefore Be It Resolved: That the Buffalo Municipal Water Finance Authority and Water Board be asked to explain what measures are being taken to collect the outstanding arrearages, and at what point the water service will be terminated if payment is not made; and Be It Further Resolved: That the City Clerk forward a certified copy of this resolution to the Buffalo Municipal Water Finance Authority and the Buffalo Water Board. ADOPTED. No. 177 By: Messrs. Bell and Pitts Reporting of Expenditures for Crossroads Arena Whereas: The Buffalo Urban Renewal Agency has approved various expenditures for the acquisition of properties to facilitate the development of the Crossroads Arena; and Whereas: These expenditures are based upon negotiations conducted primarily by representatives from the Sabres. Representatives from B.U.R.A. and Community Development have acted as a clearing house in order to meet the City of Buffalo's contractual agreements; and Whereas: While the City of Buffalo has disbursed only a small portion of its obligated amount to assemble the parcels to build the new arena, it is timely to put into place an adequate monitoring and reporting system on behalf of the B.U.R.A. and City of Buffalo; Now, Therefore Be It Resolved: That the Common Council request the Buffalo Urban Renewal Agency to file all information pertaining to expenditures for property acquisition for the Crossroads Arena with U.R.A.C.; and Be it Further Resolved: That the Common Council's Urban Renewal Committee be informed on all future expenditures. ADOPTED. No. 178 By: Mr. Collins Transfer of Funds Assessment - Automobile Allowance Assessment - Capital Outlay That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,065 be and the same is hereby transferred from Assessment - Automobile Allowance, and said sum is hereby reappropriated as set forth below: From: 100 General Fund 09 - Assessment 301 - Automobile Allowance $1,065 To: 100 General Fund 09 - Assessment 085 - Capital Outlay 982 - Operating Equipment $1,065 PASSED. AYES- 13 NOES- 0. No. 179 By: Mr. Collins Transfer of Funds Parking Enforcement -- Parking Violations Bureau Parking Enforcement -- Exempt Items 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 $2,400 be and the same is hereby transferred from the Division of Parking Enforcement -- Parking Violations Bureau - Legal Services account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 064 - Division of Parking Enforcement 022 - Parking Violations Bureau 572 - Legal Services $2,400 To: 100 General Fund 064 - Division of Parking Enforcement 085 - Exempt Items 960 - Special Structures and Fixed Equipment $2,400 PASSED. AYES- 13 NOES- 0. No. 180 By: Mr. Collins Transfer of Funds Division of Budget and Management Division of Development That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $45,000 be and the same is hereby transferred from the Division of Budget and Management -Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $45,000 To: 200 Capital Project Fund 717 - Division of Development 069 - Reconstruction of Allendale Theater $45,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 181 By: Mr. Collins Transfer of Funds Fringe Benefits - Hospitalization (Active Employees) Department of Audit and Control 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 $174,000 be and the same is hereby transferred from the Fringe Benefits - Hosp & Sur Ins Active Employees account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 813 - Fringe Benefits 171 - Hosp & Sur Ins Active Employees $174,000 To: 100 General Fund 040 - Department of Audit and Control 001 - Comptroller 550 - Rental - Equipment/Bldgs/Land $174,000 PASSED. AYES- 13 NOES- 0. No. 182 By: Mr. Collins Increased Appropriation County - Snow Removal Reimbursement Department of Street Sanitation That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Street Sanitation be and the same hereby is increased in the sum of $150,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $150,000 from 88048 County - Snow Removal Reimbursement to meet this increased appropriation as set forth below: To: 100 General Fund 700 - Department of Street Sanitation 011 - Collection of Refuse & Street Cleaning $150,000 PASSED. AYES- 13 NOES- 0. No. 183 By: Mr. Collins Increased Appropriation Federal T&A Grant - Police Supplemental Hire Department of Police That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Police be and the same hereby is increased in the sum of $281,250. That, the comptroller be and hereby is authorized and directed to transfer the sum of $281,250 from 96682 Federal T&A Grant Police Supplemental Hire to meet this increased appropriation as set forth below: To: 100 General Fund 203 - Department of Police 002 - Patrol Services 110 - Salaries $281,250 PASSED. AYES- 13 NOES- 0. No. 184 By: Mr. Collins Resolution Repealing $75,000 Serial Bonds Plans to Convert Vacant City Owned Buildings Account: 200-717-031 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on May 24, 1988, Item No. 221 authorizing the issuance of $75,000 General Improvement Serial Bonds of said City, to finance the cost of Plans to Convert Vacant City Owned Buildings, at the estimated maximum cost of $75,000 Whereas, this Common Council heretofore adopted a bond resolution on May 24, 1988, Item No. 221 authorizing the issuance of $75,000 General Improvement Serial Bonds of said City, to finance the cost of Plans to Convert Vacant City Owned Buildings, at the estimated maximum cost of $75,000 (Account No. 200-717-031); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on May 24, 1988, Item No. 221 authorizing the issuance of General Improvement Serial Bonds of said City, to finance the cost of Plans to Convert Vacant City Owned Buildings, at the estimated maximum cost of $75,000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be it further resolved, that the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED. AYES- 13 NOES- 0. No. 185 By: Mr. Collins Resolution Repealing $250,000 Serial Bonds Construction of Chemical Storage Building Account: 200-402-013 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on September 15, 1992, Item No. 204 authorizing the issuance of $250,000 General Improvement Serial Bonds of said City, to finance the cost of Construction of Chemical Storage Building, at the estimated maximum cost of $250,000 Whereas, this Common Council heretofore adopted a bond resolution on September 15, 1992, Item No. 204 authorizing the issuance of $250,000 General Improvement Serial bonds of said City, to finance the cost of Construction of Chemical Storage Building, at the estimated maximum cost of $250,000 (Account No. 200-402-013); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on September 15,1992, Item No. 204 authorizing the issuance of General Improvement Serial Bonds of said City, to finance the cost of Construction of Chemical Storage Building, at the estimated maximum cost of $250,000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be it further resolved, that the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED. AYES- 13 NOES- 0. No. 186 By: Mr. Collins Resolution Repealing $2,500,000 Serial Bonds Final Design - Pilot Field Expansion Account: 415-717-102 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on July 31, 1990, Item No. 251 authorizing the issuance of $2,500,000 General Improvement Serial Bonds of said City, to finance the cost of Final Design - Pilot Field Expansion, at the estimated maximum cost of $2,500,000 Whereas, this Common Council heretofore adopted a bond resolution on July 31, 1990 Item No. 251 authorizing the issuance of $2,500,000 General Improvement Serial bonds of said City, to finance the cost of Final Design - Pilot Field Expansion, at the estimated maximum cost of $2,500,000 (Account No. 415-717-102); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Whereas, this Common Council heretofore adopted a bond resolution on October 30, 1990, Item No. 251 authorizing the issuance of $24,350,000 General Improvement Serial Bonds of said City, to finance the cost of the Expansion of Pilot Field which included the design money, and these bonds were sold in December 1990; Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on July 31, 1990, Item No. 251 authorizing the issuance of General Improvement Serial Bonds of said City, to finance the cost of Final Design - Pilot Field Expansion, at the estimated maximum cost of $2,500,000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be it further resolved, that the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or action taken pursuant to said Bond Resolution. PASSED. AYES- 13 NOES- 0. No. 187 By: Mr. Collins Resolution Amending $19,544,085 Bond Resolution for Pension Prepayments Account: 200-042-003 Resolution amending bond resolution heretofore adopted by this Common Council on May 11, 1993, Item No. 183 authorizing the issuance of $19,544,085 General Improvement Serial Bonds of said City, to prepay the remaining amortization installments due to N.Y.S. retirement systems, at the estimated maximum cost of $19,544,085 Whereas, this Common Council heretofore adopted a bond resolution on May 11, 1993, Item No. 183 authorizing the issuance of $19,544,085 General Improvement Serial Bonds of said City, to prepay the remaining amortization installments due to N.Y.S. retirement systems, at the estimated maximum cost of $19,544,085 (Account No: 200-042-003); and Whereas, bonds in the amount of $19,511,000 were issued on June 30, 1993, pursuant to said bond resolution; and Whereas, we only borrowed what was needed to pay the N.Y.S. retirement systems on July 2, 1993 not on December 15, 1993, as we had anticipated; Now, Therefore, Be It Resolved, That the bond resolution passed by the Common Council on May 11, 1993, Item No. 183 authorizing the issuance of $19,544,085 General Improvement Serial Bonds of said City, to prepay the remaining amortization installments due to N.Y.S. retirement systems, at the estimated maximum cost of $19,544,085, be and is hereby amended to rescind the $33,085 General Improvement Serial Bond authorized but unissued; and Be it further resolved, that the amendment of said bond resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said bond resolution. PASSED. AYES- 13 NOES- 0. No. 188 By: Mr. Collins Resolution Amending $22,678,649 Bond Resolution for Pension Prepayments Account: 299-970-099 Resolution amending bond resolution heretofore adopted by this Common Council on May 11, 1993, Item No. 184 authorizing the issuance of $22,678,649 School Serial Bonds of said City, to prepay the remaining amortization installments due to N.Y.S. retirement and teachers retirement systems, at the estimated maximum cost of $22,678,649 Whereas, this Common Council heretofore adopted a bond resolution on May 11, 1993, Item No. 184 authorizing the issuance of $22,678,649 School Serial Bonds of said City, to prepay the remaining amortization installments due to N.Y.S. retirement and Teachers retirement systems, at the estimated maximum cost of $22,678,649 (Account No: 299-970- 099); and Whereas, bonds in the amount of $3,609,000 were issued on June 30, 1993, and bonds in the amount of $19,069,000 were issued on October 14, 1993, pursuant to said bond resolution; and Whereas, we only borrowed what was needed to pay the N.Y.S. retirement system on July 2, 1993 not on December 15, 1993, as we had anticipated; Now, Therefore, Be It Resolved, That the bond resolution passed by the Common Council on May 11, 1993, Item No. 184 authorizing the issuance of $22,678,649 School Serial Bonds of said City, to prepay the remaining amortization installments due to N.Y.S. retirement and Teachers retirement systems, at the estimated maximum cost of $22,678,649, be and is hereby amended to rescind the $649 School Serial Bond authorized but unissued; and Be it further resolved, that the amendment of said bond resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said bond resolution. PASSED. AYES- 13 NOES- 0. No. 189 By: Mr. Collins Resolution Amending $24,350,000 Bond Resolution For Expansion of Pilot Field Account: 415-717-102 Resolution amending bond resolution heretofore adopted by this Common Council on October 30, 1990, Item No. 251 authorizing the issuance of $24,350,000 General Improvement Serial Bonds of said City, to finance the cost of the Expansion of Pilot Field, at the estimated maximum cost of $24,350,000 Whereas, this Common Council heretofore adopted a bond resolution on October 30, 1990, Item No. 251 authorizing the issuance of $24,350,000 General Improvement Serial Bonds of said City, to finance the Expansion of Pilot Field, at the estimated maximum cost of $24,350,000 (Account No: 415-717-102); and Whereas, bonds in the amount of $24,200,000 were issued on December 26, 1990, pursuant to said bond resolution; and Whereas, the original issue of bonds were called on June 1, 1992 and this project will not proceed; Now, Therefore, Be It Resolved, That the bond resolution passed by the Common Council on October 30, 1990, Item No. 251 authorizing the issuance of $24,350,000 General Improvement Serial Bonds of said City, to finance the cost of the Expansion of Pilot Field, at the estimated maximum cost of $24,350,000, be and is hereby amended to rescind the $150,000 General Improvement Serial Bond authorized but unissued; and Be it further resolved, that the amendment of said bond resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said bond resolution. PASSED. AYES- 13 NOES- 0. No. 190 By: Mr. Collins Bond Resolution $135,000 Bonds Reconstruction of Carnevale Center at 118 E. Utica St. Account 200-402-040 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $135,000 General Improvement Bonds of said City, to finance the cost of the reconstruction of the Carnevale Center, at the estimated maximum cost of $135,000. 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 One Hundred Thirty-Five Thousand Dollars ($135,000), 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 reconstruction of Carnevale Center at 118 E. Utica Street, in the City, including reconstruction of the collapsed facade and restoration of interior finishes, heating system and plumbing. 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 One Hundred Thirty-Five Thousand Dollars ($135,000) 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 Carnevale Center 1993-94", Account No. 200-402-040, 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 $135,000. 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 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, 31, 1994 LAID ON THE TABLE. No. 191 By: Mr. Collins Prepare Local Legislation to Govern Assault Weapons Whereas: Both the Senate and House of Representatives of the United States recently passed versions of legislation which will stop the manufacture, transfer and possession of assault weapons. Following refinement in Conference Committee, it is anticipated that the bill will be passed and will become effective immediately upon signature by the President. This process Is expected to take a few months; and Whereas: Assault weapons are those type of semi-automatic weapons originally designed to meet the military need for high ammunition capacity capable of rapid fire at close quarters, including weapons such as the Uzi, AK-47, Beretta AR 70, Street Sweeper, Striker-12, and others, as well as "copycat" models of banned weapons; and Whereas: The legislation also doubles the penalty to 10 years for anyone who uses a banned weapon in a violent or drug trafficking crime; and Whereas: Since October, 1993, there have been at least five recorded cases of assault weapon incidents in the city of Buffalo, ranking Buffalo high on the national list of locales for crimes of this nature; and Whereas: It would be in the best interest of this community to enact local legislation mirroring the federal guidelines concerning assault weapons, with the added stipulation that the ban be placed into effect immediately; Now, Therefore, Be It Resolved: That this Common Council request the Corporation Counsel to prepare the appropriate legislation that would mirror the federal ban on sale and possession of assault weapons, with the added proviso that the legislation be effective immediately; and Be It Further Resolved: That this Council request that the County of Erie and the State of New York enact parallel legislation; and Be It Finally Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to the Clerk of the Erie County Legislature, the Clerk of the NYS Assembly and the Secretary of the NYS Senate. ADOPTED. No. 192 By: Mr. Collins Negotiate Sale 181 Florida Whereas: There exists at 181 Florida Street a city owned vacant lot that is too small to accommodate the building of a residential dwelling; and Whereas: Mr. Johnnie Jackson, who resides at 183 Florida Street, wishes to purchase the lot, which he will beautify and maintain; and Whereas: Mr. Jackson's ongoing attempt to acquire the parcel has stalled because the city has not formally determined that the lot size is inadequate as a new build home site; and Whereas: Transfer of this lot is in the best interest of both the City and Mr. Jackson; Now, Therefore, Be It Resolved: That the Common Council authorize the Comptroller to negotiate the sale of 181 Florida Street to Mr. Johnnie Jackson of 183 Florida Street. ADOPTED. No. 193 By: Mr. Collins Community Fest Whereas: Masjid Nu' Man and Images of Us, located at 1367 and 1369 Fillmore Avenue, has requested permission to use the city-owned lot at the corner of Fillmore Avenue and French Street, from May 28 to September 1, 1994; and Whereas: The purpose is a summer-long project called Community Fest that will provide various activities around the theme of "The Excellence of Family Life," and an atmosphere conducive to family fun and an exchange of ideas; Now, Therefore Be It Resolved: That this Common Council grant Masjid Nu' Man and Images of Us, located at 1367 and 1369 Fillmore Avenue, permission to use the city-owned lot at the corner of Fillmore Avenue and French Street, from May 28 to September 1, 1994 for Community Fest. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE, THE CORPORATION COUNSEL AND THE MAYOR'S SPECIAL EVENT COMMITTEE. No. 194 By: Mr. Coppola Change Alternate I Parking Changeover Time Whereas: The changeover time for streets with Alternate I parking regulations is 4:00 pm Sunday and Wednesday; and Whereas: Many of the streets with the Alternate I parking regulations lack off-street parking; and Whereas: Increasingly, more drivers are car pooling or using public transportation; and Whereas: With the lack of off-street parking and the increase in car pooling and public transportation use, the 4:00 pm changeover time is unfair to those individuals who do not get home until after 4:00 pm, and thus can not change their vehicles to the legal side of the street; and Whereas: Hodge Street is presently an Alternate I with changeover at 9:00 pm Sunday and Wednesday; and Whereas: To be fair, the administration should change all streets with Alternate I parking regulations to 9:00 pm. Now Therefore Be It Resolved That In fairness to all city residents this Common Council requests that a study be undertaken in anticipation of changing the Alternate I parking regulations changeover time from 4:00 pm Sunday and Wednesday to 9:00 pm. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 195 By: Mr. Coppola Pilot Program for Yard Waste Whereas: During a recent week, 98 tons of garbage was taken to the East Side transfer station; and Whereas: Of the 98 tons, it was estimated between 40 and 50 tons consisted of yard waste, which was either incinerated or sent to a landfill at considerable cost to the taxpayers of the City of Buffalo; and Whereas: Any yard waste sent to the Parker Bay composting program by the West Side transfer station costs less than $20 a ton; and Whereas: Presently, many city residents use disposable plastic garbage bags for garbage as well as yard waste; and Whereas: A pilot program using disposable clear garbage bags would encourage recycling yard waste at the Parker Bay location and would save tax payers considerable incineration and landfill expense. Now Therefore Be It Resolved That This Common Council supports the idea of a pilot program for recycling yard waste by using disposable clear garbage bags and encouraging public participation in much the same manner as the present, very successful recycling program for paper, glass, and plastic; and Be It Further Resolved That This Common Council requests that Street Sanitation Department Commissioner LoVallo respond to this body for the next meeting on June 14. ADOPTED. No. 196 By: Messrs. Coppola and Arthur Referendum on Casino Gambling Whereas: The State Legislature is looking into the possibility of allowing casino gambling in New York State; and Whereas: As this issue must be decided upon eventually by voters state-wide, the voters of the City of Buffalo should be allowed to send a message to Albany whether they feel casino gambling should even be considered. Now Therefore Be It Resolved that This Common Council requests that the Corporation Counsel prepare a local referendum for the November election on casino gambling. REFERRED TO THE CASINO GAMING TASK FORCE AND THE CORPORATION COUNSEL. AYES- BELL, COLLINS, COPPOLA CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 197 By: Mr. Czajka Purchase of City Owned Vacant Lot For An Owner Occupied Residential Dwelling Whereas: The City of Buffalo is the owner of 40 South Pierce Street which is currently a vacant lot; and Whereas: Mr. and Mrs. Donald Grzebielucha of 182 Newfield Street, Buffalo N.Y. 14207, who are both employees of the City of Buffalo, would like to purchase this vacant lot for the purpose of building a single family home that they will reside in; and Whereas: This parcel of vacant land is located approximately eight blocks from Houghton Park and the majority of land between this lot and the park is privately owned and three new single family homes have recently been built in this area; and Whereas: The vacant lot at 40 South Pierce Street is situated adjacent to a single family home on the west side, Seward ( a paper street ) to the north, South Pierce Street (a paper street) on the east side and West Seneca on the far side; and Whereas: There is currently a fence that abuts the Ogden Street Bridge which prevents pedestrian access to the area where the vacant lot at 40 South Pierce Street is located from Houghton Park; and Whereas: The vacant lot is located in an area that is isolated from access to Houghton Park and therefore the City would have no apparent reason to hold this vacant lot for a future unidentified project; and Whereas: The construction of a single family home will put this parcel of vacant land on the tax rolls and will generate new revenue for the City of Buffalo; Now, Therefore, Be It Resolved: That the Common Council authorize the Comptroller's office and the Division of Real Estate to negotiate the sale of the parcel of land located at 40 South Pierce Street with Mr. and Mrs. Donald Grzebielucha and report the results of their negotiations to this Honorable body. ADOPTED. No. 198 By: Mr. Fahey Ordinance Amendment Chapter 343 - Promoting the General Welfare of Minors in Public Places The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 343 of the Code of the City of Buffalo be amended to read as follows: Section 1. That Chapter 343 entitled "Promoting the General Welfare of Minors in Public Places", Section 343.5 thereof, is hereby amended as follows: 343.5. Enforcement. Following strictly the applicable provisions of the Family Court Act, Police Officers and Buffalo Municipal Housing Authority Police Officers are hereby authorized to [take into custody] detain any minor [who shall violate] for the purpose of determining their status, whether the healthy safety or welfare of such minor has been endangered as a result of a violation of the provisions of this Chapter. The parent, guardian or adult having the care and custody of such minor shall be promptly notified as to the location that such minor can be picked up. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 199 By: Mr. Fahey Lead Task Force Members Whereas: At the May 24, 1994 meeting of the joint City-County Lead Action Task Force a resolution was passed requesting the Council to appoint a Task Force. Task Force members individuals who have shown an active interest in the Task Force and its work; Now Therefore Be It Resolved, That: This Common Council appoints the following individuals to the joint City/County Lead Action Task Force: Rod Aldridge 119 Hewitt Avenue Buffalo, NY 14215 James Maddux 199 Southampton Buffalo, NY 14208 Be It Further Resolved That: Hillary Clarke is appointed as a voting alternate for Julie Gilbert and Dawn Sanders is appointed as a voting alternate for Crystal Peoples for when Ms. Gilbert or Ms. Peoples are unable to attend meetings. ADOPTED. No. 200 By: Mr. Franczyk Ordinance Authorizing A Payment In Lieu of Tax Agreement for 104 Lewis Street Whereas: Lewis Street Apartments, L.P (the "Company") is a New York Limited Partnership, whose general and operating partner Lewis Street Housing Development Fund Co., Inc., a not-for-profit corporation organized pursuant to Article II of the Private Housing Finance Law (the "Act"); and Whereas: The Company will construct thirty-two units of low income housing at 104 Lewis Street (the "Project"), using funds provided by the New York State Housing Trust Fund Corporation; and Whereas: The Project as constructed by the Company, is eligible for a real property tax exemption pursuant to Section 577 of the Act; and Whereas: In order to insure the success of the Project and to induce the City of Buffalo to grant a real property tax exemption to the Project, a payment-in-lieu of tax agreement between the Company and the City of Buffalo will be required; Now, Therefore, Be It Resolved: Subject to the approval of the Mayor, that in accordance with Section 577 of the Act, the Project shall be fully exempt from local and municipal taxes, including school taxes, other than assessments for local improvements and special assessments, and that the Mayor, on behalf of the City of Buffalo, be and hereby is authorized to execute a payment-in-lieu of tax agreement with the Company which will require annual payment-in-lieu of tax to the City of Buffalo of 10% of net cash flow or a minimum of $3,000.00 whichever amount is lesser, and Be It Further Resolved: That the tax exemption granted hereby shall operate and continue for so long as the municipally aided, state aided and/or federally aided mortgage on the Project is outstanding, but in no event shall this exemption extend for a period of more than 40 years; and Be It Further Resolved: That said payment-in-lieu of tax agreement shall contain such terms and conditions as shall be determined by the Corporation Counsel to be in the best interest of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 201 By: Mrs. LoTempio Home Rule Message S. 4629-C; A. 7661-C An Act to Provide Service Credit in the New York State & Local Employees' Retirement System for Thomas K. Vanderlip Whereas: There has been introduced in the New York State Legislature Senate Bill S. 4629-C and Assembly Bill A. 7661-C "An Act to Provide Service Credit in the New York State & Local Employees' Retirement System for Thomas K. Vanderlip" for the periods of January 1, 1958 to March 31, 1958, and February 17, 1978 through September 30, 1979; and Whereas: Mr. Vanderlip was prevented from claiming service credit for the period January 1, 1958 through February 1, 1960 because of his military obligation. Upon his return from military service, his position with the City of Buffalo was abolished, preventing him from requesting his old position back, which is a requirement of the retirement system; and Whereas: The legislation also permits Mr. Vanderlip to purchase another allotment of time for the period February 17, 1978 through September 30, 1979, which he would have accrued had he been in continuous service; and Now, Therefore Be It Resolved: That the City of Buffalo hereby requests the enactment into law of Senate Bill S. 4629-C and Assembly Bill A. 7661-C, ??An Act to Provide Service Credit in the New York State & Local Employees' Retirement System for Thomas K. Vanderlip"; and Be It Further Resolved: That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies 'thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York Delegation of the state Legislature. ADOPTED. No. 202 By: Mrs. LoTempio Memorialize State Legislature to Amend the Alcoholic Beverage Control Law Whereas: The rules and regulations of a state liquor license are outlined in the New York State Alcoholic Beverage Control Law; and Whereas: The issuance or denial of a liquor license from the State Liquor Authority is the priority of this State law; and Whereas: The law presently does not have a provision requiring the State Liquor Authority to review the status of an applicant with the local municipality concerning outstanding taxes, permits, etc. prior to granting a license; and Whereas: It would be of great benefit to a municipality if the Liquor Authority would work in conjunction with the municipality before issuing the license to insure that the applicant does not have delinquent property taxes, does not have outstanding water bills, has obtained all the necessary permits or to be sure that the individual or establishment applying for the liquor license has not been or continues to be a nuisance to the surrounding community; and Whereas: An amendment to the New York State Alcoholic Beverage Control Law to allow the State Liquor Authority to deny issuance of a liquor license to individuals for the above mentioned reasons should be enacted giving both the affected municipalities and the State Liquor Authority stronger and stricter laws governing these establishments. Now, Therefore Be It Resolved That: The Common Council of the City of Buffalo memorializes the New York State legislature to enact legislation which changes the New York State Alcoholic Beverage Control Law to allow the State Liquor Authority to deny issuance of a liquor license to individuals if Municipal taxes, water bills, permits or other charges are outstanding; and Be It Further Resolved That: The City Clerk forward certified copies of this memorialization to the Clerk of the Assembly, the Secretary of the Senate, and the members of the Western New York Delegation. ADOPTED. No. 203 By: Mrs. LoTempio Salary Ordinance Amendment 20 - Department of Police 4 - Bureau of Administrative Services 004 - Communication and Records The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20 - Department of Police under the subheading "004 - Administrative Services -Communication and Records" is hereby amended by adding thereto: 8 Cell Block Attendants $21,206 - $23,728 From June 17, 1994 through July 10, 1994 We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy, Director of the Budget, hereby certify that the creation of eight (8) Cell Block Attendants from June 17, 1994 through July 10, 1994 is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above positions, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 204 By: Mr. Perla Authorization to Apply for Environmental Quality Bond Act Historic Preservation Grants Whereas, Approximately $1,000,000 million in 1986 Environmental Quality Bond Act (EQBA), funds are available for historic preservation projects from the New York State Office of Parks, Recreation & Historic Preservation; Whereas, Office of Parks, Recreation & Historic Preservation is accepting applications for historic preservation development grants up to $50,000 for eligible projects costing no more than $150,000; and Whereas, The restoration of the Allendale Theater meets the minimum EQBA Historic Preservation Eligibility requirements and; WHEREAS, The City of Buffalo desires to cooperate with PARKS and will make available $50,000 in matching funds from the Reserve Fund Capital Project Account; and Whereas, The application deadline for said EQBA funds is May 13, 1994; Whereas, The Office of Parks, Recreation & Historic Preservation requires local governing body authorize the Mayor to apply for said EQBA grants; Now, Therefore, Be It Resolved by the Common Council of the City of Buffalo; That the Mayor of the City of Buffalo be, and hereby is, authorized to submit EQBA Historic Preservation Grant Applications for the Historical Society to the OPRHP; and Theater of Youth Company; That the Mayor of the City of Buffalo be, and hereby is, authorized to enter into and execute project agreements for such financial assistance, upon such terms and conditions prescribed by OPRHP; and That the Mayor of the City of Buffalo be, and hereby is, authorized to execute whatever other documents of terms and conditions prescribed by OPRHP; and That the Mayor of the City of Buffalo be, and hereby is, authorized to execute whatever other documents of take measures which are necessary to effectuate such financial assistance. PASSED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. No. 205 By: Messrs. Perla and Pitts Request Peace Bridge Authority To Work in a Cooperative Effort With The City of Buffalo On the Peace Bridge Plaza and Road Access Project Whereas: The Peace Bridge Authority plans a $35 to $60 million project to include reconstruction and rehabilitation of the United States Peace Bridge Plaza and new construction or rehabilitation of the road access system to and from the Plaza; and Whereas: The objective of this reconstruction project is to alleviate traffic congestion due to present and future traffic growth at the Peace Bridge International Gateway and to provide more efficient ingress and egress routes to the Peace Bridge Plaza complex; and Whereas: This Council has an interest and requires information as to what economic development and social economic impact this project will have on the community adjacent to the Peace Bridge and on the City as whole before construction begins in the year 2000; and Whereas: Fostering a cooperative effort between the City and the Peace Bridge Authority in the planning, review and approval stages of this project would aid in achieving the goals of the project and also protect the interests of the Peace Bridge Authority and the City of Buffalo. Now, Therefore Be It Resolved That: This Council request the Peace Bridge Authority to forward a report detailing the following information: a) Will the Peace Bridge plan, design and build an off ramp from the Peace Bridge to Porter Ave.? (Fly Over) b) Will the Peace Bridge plan, design and build a ramp from Porter Ave. to the Peace Bridge? c) Will the Peace Bridge plan, design and build a Northbound off ramp from I-190 to Porter Ave.? d) Will the Peace Bridge supply a budget for improvement to the park? ($2.8 Million) e) What effect or impact will the Porter Ave. Bridge reconstruction have on the Front Park, LaSalle Park, City of Buffalo Ward Water Pumping Station and other facilities located at the foot of Porter Ave. Be It Further Resolved That: This Council and the Department of Public Works hereby goes on record in opposition to the elimination of the Niagara St. off ramp. ADOPTED. No. 206 By: Mr. Pitts and Mrs. Lockwood Establish Special Task Force for Inclusion or Re-use of Great Northern Grain Elevator as part of Redevelopment by the ADM Milling Company Whereas: The Great Northern Grain Elevator, a local historic landmark built in 1897 and a symbol of the turn-of-the century emergence of the city of Buffalo as a major port for grain shipping, has long been subject for discussion by preservationists, waterfront developers, and the community as a whole; and Whereas: Demolition of this structure has been proposed several times in the past by the Pillsbury company, the former owner of the elevator; and Whereas: The ADM (Archer Daniels Midland) Milling Company of Overland Park, Kansas has purchased the former Pillsbury site and is planning to redevelop the area; and Whereas: In an Environmental Impact Statement (EIS) scoping session of the Preservation Board held last week to consider and review redevelopment or demolition of the Great Northern Grain Elevator, representatives of ADM Milling Company expressed a willingness to explore options for including the elevator as part of their plans for the development of this site; and Whereas: A Task Force should be established to review available options for the Great Northern Grain Elevator; Now, Therefore, Be It Resolved: That a Special Task Force be established to study and determine the re-use or inclusion of the Great Northern Grain Elevator as part of the redevelopment plans of the ADM Milling Company; and Be It Further Resolved: That the Task Force consist of representatives from this Common Council, the ADM Milling Company, thee Industrial Heritage Committee, the Preservation Board, the Department of Community Developments and the Preservation Coalition of Erie County. ADOPTED. No. 207 By: Mr. Pitts Set Hearing- Proposed $700,000 CDBG Float Loan To Towne Gardens, Ltd. Whereas, Towne Gardens, Ltd. has requested a $700,000 Block Grant Float Loan to provide interim financing for tenant build-out for the Town Garden Health Care Center. Now, Therefore, Be It Resolved By The Common Council Of The City Of Buffalo: 1. That this Common Council will conduct a Public Hearing regarding the CDGB Float Loan to Towne Gardens, Ltd. before the Economic Development Committee on June 8, 1994 at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later than the 1st day of June, 1994. ADOPTED. No. 208 By: Mr. Pitts Proposed $700,000 CDBG Float Loan To Towne Gardens, Ltd. Whereas, Towne Gardens, Ltd. has presented a proposal to the Department of Community Development for The Town Garden Health Care Center, a project sponsored by Sheehan Health Care Center in conjunction with the Better Health Care Plan, a licensed Medicaid Managed Care provider, and; Whereas, There is a financial gap in the interim financing sources available to the project for tenant build-out for the proposed health care center that will be located at the corner of William and Jefferson at the east end of the Towne Gardens Plaza, and; Whereas, The Towne Garden Site will offer efficient and friendly surroundings for primary health care delivery within this predominately low to moderate income community, and; Whereas, Such a site will act as an enhancement to the resurgence of the urban neighborhood surrounding the Town Garden location, and; Whereas, The activity generated by such a site would act in synergism with the other businesses in the Plaza to assure the financial viability of the entire area. Given the considerable private and public investment already committed to this project and the public benefit of this project, Towne Gardens, Ltd. has requested a $700,000 Block Grant Float loan to fill the gap on interim financing sources, and; Whereas, The Department of Community Development supports both the proposal and the request for the Block Grant Float Loan. Now, Therefore, Be It Resolved By The Common Council Of The City Of Buffalo That: (1) This Honorable Body does approve the Block Grant Float Loan and does hereby authorize the Buffalo Urban Renewal Agency to make a Block Grant Float Loan in the amount of $700,000 for the Town Garden Health Care Center. (2) This Honorable Body hereby authorizes the Commissioner of Community Development to amend the 19th year CDBG Block Grant Program to reflect the above mentioned float loan. (3) The Block Grant Float Loan will be in the amount of $700,000 at a 4% interest rate, said loan will be secured by an irrevocable unconditional Stand by Letter of Credit or such other acceptable securitization meeting federal requirements. (4) These loan funds will be administered by the Buffalo Enterprise Development Corporation. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 209 By: Mr. Pitts Ordinance Amendment Chapter 144 - Contractors The Common Council of the City of Buffalo does hereby ordain as follows: That Section 144-4 of Chapter 144 of the Code be amended to read as follows: M. In the case of applications for and renewals of New Housing Contractor licenses, a copy of the express limited and other warranties which shall be given to all new home buyers by the applicant. [M] N Such other information as the Director of Licenses may require. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 210 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: Susan R. Linton Daniel F. Pordum, Jr. ADOPTED. No. 210 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: Mario Alaimo David R. Chudy Herbert J. Heimeil, III Annette LaVallee Joseph J. McLaughlin Mark A. Pasternak Hallie M. Torrell Arlette Slachmuylder Linda A. Hitzel Lynnette M. McManus ADOPTED. UNFINISHED BUSINESS No. 212 Reimburse Police Commissioner Moving Expenses (Item No. 143, C.C.P., April 5, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Bell. ADOPTED. AYES- BELL, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 8. NOES- ARTHUR, COLLINS, COPPOLA, HELFER, ZUCHLEWSKI- 5. No. 213 Reimburse Moving Expenses (Item No. 144, C.C.P., April 5, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Bell. ADOPTED. AYES- BELL, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 8. NOES- ARTHUR, COLLINS, COPPOLA, HELFER, ZUCHLEWSKI- 5. No. 214 L.L. Intro. #9 - Police/Fire Pensions (Item No. 130, C.C.P., April 5, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mrs. LoTempio. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mrs. Lockwood. PASSED. AYES- 13 NOES- 0. No. 215 Deny Salary Increases to Exempts (Item No. 179, C.C.P., April 19, 1994) (Item No. 119, C.C.P., May 3, 1994) (Item No. 12A, C.C.P., May 20, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Helfer. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mrs. Lockwood. PASSED. AYES- 13 NOES- 0. No. 216 Deny Salary Increases - Exempts (Item No. 182, C.C.P., April 19, 1994) (Item No. 120, C.C.P., May 3, 1994) (Item No. 128, C.C.P., May 20, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Helfer. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mrs. Lockwood. PASSED. AYES- 13 NOES- 0. No. 217 Changing Salary Exempt Employees (Item No. 51, C.C.P., May 3, 1994) (Item No. 12C, C.C.P., May 20, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Helfer. CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mrs. Lockwood. ADOPTED. No. 218 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, June 7, 1994 9:30 AM Finance Tuesday, June 7, 1994 Immediately Following Legislation Tuesday, June 7, 1994 2:00 PM Economic Dev Wednesday, June 8, 1994, 10:00 AM U.R. Agency Wednesday, June 8, 1994 1:00 AM Ancillary Committees Special Comm CATV Mon, 6/6/94 10:00 AM RM 1417 Special Comm Education Thurs, 6/9/94 10:00 AM RM 1417 No. 219 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Collins the Council adjourned at 3:15 P.M. Charles L. Michaux, III City Clerk COMMON COUNCIL CITY HALL BUFFALO, NEW YORK SPECIAL SESSION MAY 19, 1994 AT 10:00 A.M. Present - George K. Arthur, President of the Common Council and Councilmembers: Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood, LoTempio, PerIa, Pitts, Zuchlewski. - 13. Absent - Councilmembers -0. No. 1 Call For Special Session Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New Yolk Dear Mr. Michaux: Pursuant to Section 30, of the city of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated May 18, 1994, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 19, 1994 at 10:00 A.M. for the following purpose: To receive and take appropriate action on the 20th year Community Development Block Grant Application. RECEIVED AND FILED. Hon. George K. Arthur President of the Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on the 20th year Community Development Block Grant Application. We request that this Special Meeting be held on May 19, 1994 at 10:00 a.m. James W. Pitts Kevin Helfer Alfred T. Coppola Carl A. Perla, Jr. Rosemarie LoTempio TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated May 18, 1994 the HON. GEORGE K. ARTHUR, has a called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 19, 1994 at 10:00 a.in. for the following purpose: To receive and take appropriate action on the 20th year Community Development Block Grant Application. Charles L. Michaux, III City Clerk Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: KEVIN HELFER DAVID FRANCZYK DAVID CZAJKA CARL A. PERLA, JR. CLIFFORD BELL BONNIE KANE LOCKWOOD DAVID A. COLLINS ROSEMARIE LoTEMPIO ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DALE ZUCHLEWSKI hereby states that he/she received notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 19, 1994 at 10:00 a.m. and hereby waives 24 hours' notice. STATE OF NEW YORK) COUNTY OF ERIE ) ss: CITY OF BUFFALO On this 18th day of May, 1994, before me, the subscribers, personally appeared David Franczyk, Dale Zuchlewski, Clifford Bell, Rosemarie LoTempio, Kevin Helfer, David Collins, Carl A. Perla, Jr., James W. Pitts, Alfred T. Coppola, Bonnie K. Lockwood, David Franczyk, to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Richard Okoniewski Commissioner of Deeds, in and for the City of Buffalo, N.Y. Commission expires 12/31/94 No. 2 Authorization to Submit Final Statement of Objectives and Projective Use of Funds For The City of Buffalo 1994-95 CDBG Program I am hereby submitting for your review and approval the City of Buffalo's Final Statement of Objectives and Projected Use of Funds for the 1994-1995 Community Development Block Grant Program. In my first months as Mayor of Buffalo, I have taken steps that will lead to the achievement of one of the most important goals I have for my administration: the revision and improvement of our use of Community Development Block Grant funds. Here in Buffalo, we must and we will build the essential components of an effective Block Grant program: cooperation, long-range planning, and the disciplined allocation of funds. This year's program anticipates an entitlement of $22,224,000. We seek to utilize these funds to attract business development and create jobs, to blend the rehabilitation of existing homes and the construction of new homes, and to provide human services to the elderly and the at risk. While these categories are the traditional beneficiaries of the Block Grant, the process by which we formulated our program is new. Our desire to create sustainable improvement and tangible progress prompted us to work cooperatively with the Buffalo Common Council, and to allocate resources to projects that meet the needs of as many as possible; in short, we looked to get more "bang" for the CDBG "buck". In the coming years, I look forward to a still more efficient Block Grant process. As we define our Master Investment Plan for out city, we will be able to select projects and initiatives that not only generate long-term benefit for our citizens, but also enhance our ability to realize our vision of a vibrant,productive, and prosperous City of Buffalo. For the present, I urge your prompt authorization of the City's Final Statement of Objectives and Projected Use of Funds in 1994-95 for submission to HUD. RECEIVED AND FILED. No. 3 Authorization to File Final Statement of Objectives and Projected Use of Funds for City of Buffalo Community Development Block Grant 1994-1995 Whereas, the United States Department of Housing and Urban Development requires the preparation and submission of a "Final Statement of Community Development Objectives and Projected Use of Funds" in lieu of an application for the City of Buffalo's 1994-1995 Community Development Block Grant Entitlement; and Whereas, the steps necessary to comply with the regulations for the City of Buffalo's 1994-1995 Community Development Block Grant Program have been taken; and Whereas, the approval of the Final Statement of Objectives and Projected Use of Funds hereby presented by the Mayor of the City of Buffalo and authorization by the Common Council to submit same is the last remaining pre-requisite. Now, Therefore Be It Resolved By The Common Council Of The City Of Buffalo: 1. That the "Final Statement of Objectives and Projected Use of Funds" has been reviewed by the members of the Common Council and is hereby approved. 2. That the Mayor of the City of Buffalo is hereby authorized to execute and file, on behalf of the City of Buffalo, the "Final Statement of Objectives and Projected Use of Funds" for the 1994-95 Community Development Block Grant Funds. 3. That the Mayor is further authorized to provide such additional information and furnish such documents as may be required by the Department of Housing and Urban Development. 4. That the Mayor is further authorized to execute such contracts or agreements as may be necessary for the HUD funds applied for, to execute and file requisitions for funds and to act as the authorized representative of the City of Buffalo. 5. As part of the approval of this item, it is agreed upon that the Common Council shall review and approve a Memorandum of Understanding between the Buffalo Metropolitan Housing Partnership and the City. 6. Commencing Friday, May 20, 1994 there shall be a public comment period for ten (10) days during which time the public may submit to the Commissioner of Community Development their views concerning the Final CDBG Application. PASSED. AYES- 13 NOES- 0. No. 4 Adjournment At 10:06 A.M., Mr. Pitts moved to Adjourn. Seconded by Mr. Fahey. ADOPTED. COMMON COUNCIL CITY HALL BUFFALO, NEW YORK SPECIAL SESSION MAY 20, 1994 AT 4:00 P.M. Present - George K. Arthur, President of the Common Council and Councilmembers: Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood, LoTempio, Perla, Pitts, Zuchlewski. - 13. Absent - Councilmembers - 0. No. 1 Call For Special Session Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated May 18, 1994, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 20, 1994 at 4:00 p.m. for the following purpose: To take appropriate action on the Mayor's 1994-95 budget recommendations and to take further appropriate action on all other items referred to the Committee of the Whole relating to the 1995 budget. RECEIVED AND FILED. Hon. George K. Arthur President of the Common Council 1315 City Hall Buffalo, New York Dear Sir: We, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To take appropriate action on the Mayor's 1994-95 budget recommendations and to take further appropriate action on all other items referred to the Committee of the Whole relating to the 1995 budget. We request that this Special Meeting be held on May 20, 1994 at 4:00 p.m. James W. Pitts Carl A. Perla, Jr. Dale Zuchlewski Rosemarie LoTempio David Collins TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated May 18, 1994 the HON. GEORGE K. ARTHUR, has a called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 20, 1994 at 4:00 p.m. for the following purpose: To take appropriate action on the Mayor's 1994-95 budget recommendations and to take further appropriate action on all other items referred to the Committee of the Whole relating to the 1995 budget. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: KEVIN HELFER DAVID FRANCZYK DAVID CZAJKA CARL A. PERLA, JR. CLIFFORD BELL BONNIE KANE LOCKWOOD DAVID A. COLLINS ROSEMARIE LoTEMPIO ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DALE ZUCHLEWSKI hereby states that he/she received 24 hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 20, 1994 at 4:00 P.M. STATE OF NEW YORK) COUNTY OF ERIE ) ss: CITY OF BUFFALO On this 19th day of May, 1994, before me, the subscribers, personally appeared Carl A. Perla, Jr., Rosemarie LoTempio, Dale Zuchlewski, David Collins, Clifford Bell, Alfred T. Coppola, James W. Pitts, David Franczyk, Kevin Helfer, David Czajka, Eugene Fahey, Bonnie Kane Lockwood to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they execute the same. Richard Okoniewski Commissioner of Deeds, for the City of Buffalo, N.Y. My Commission expires 12/31/94 No. 2 Discharge Items from Committee of the Whole Mr. Pitts moved that the following items: 1. Com 2 May 2 Mayor's 94-95 Budget Recommend (Mayor) 2. Res 3 May 2 L.L. Intro #8 - Reduce No. of Fire Companies 3. Com 4 May 2 Agreement- reduction in Fire Companies (Fire) 4. No 88 May 3 Pub.Mgmt.Gp.- Fire Dept. Study Final Report 5. Res 156 May 3 Interim Action Plan- Police Reorganization 6. Com 49 May 17 Opinion- Police Interim Action Plan (CC) 7. No 103 May 3 Funding Recommend. (Arts Comm.)(# 11 4/19) 8. Com 64 May 3 Transfer Real Estate to Comm. Revital. (ICR) 9. Com 66 May 3 Use of hand held computers by PVB (A&F) 10. Res 162 May 3 Ord. Amend.- Ch. 175 (309) Youth Golf Fees 11. Res 154 May 3 Reduce Sidewalk Cafe Fees 12. Res 161 May 3 Eliminate Volleyball League Permit Fees 13. Com 23 May 3 Rpt. Audit- Cost Refuse/Recycling (Compt) 14. Com 57 May 3 Analysis of waste disposal tonnage (Sts) 15. Com 24 May 3 Rpt. Audit- Bldgs./Licenses (Compt) 16. No 85 May 3 Cit. Salary Review Commission 1994 Report 17. No 119 May 3 Deny sal. incr. to Compt. exempts (1179 4/19) 18. No 120 May 3 Deny Sal.Incr.-exempt empl.(#182 4/19) Attach cert. 19. Com 51 May 3 Changing Salaries- Exempt Employees (CC) 20. Com 15 May 17 Monthly Overtime Report (Compt) 21. No 88 May 17 W. Bauza & 1- complaints on budget/taxes presently before the Committee of the Whole are hereby discharged, and are now properly before the Common Council for its consideration. Seconded by Mr. Collins. ADOPTED. No. 3 Amended Water Board Revenue Estimates I am hereby amending my revenue and resource estimates for the Buffalo Water Board. Flat rate revenues are amended from $14,621,403 to $14,037,349. Meter rates are amended from $11,203,664 to $10,953,480. Total revenue from the sale of water is thus amended from $25,825,067 to $24,990,829. Unreserved retained earnings are amended from $890,391 to $1,108,629. Total revenues and resources are amended from $29,100,295 to $28,385,295. Please adjust my recommended budget accordingly. Thank you.for your consideration. Mr. Pitts moved: That the communication from the Office of the Mayor dated, May 19, 1994 be received and filed; and That this Common Council hereby approves the amendments to the Mayor's revenue and resource estimates for the Buffalo Water Board, as more fully described in the above communication, and hereby authorizes an appropriate adjustment to the Mayor's recommended budget. ADOPTED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. No. 4 Water Board - Revised Revenue Statement and Reduction In Rate Whereas: During the course of the review of the Mayor's recommended budget for the 1994-95 fiscal year, this Common Council and the Administration have jointly concurred that the proposed water rate increase is excessive, due to the fact that the proposed sale of $13 million in bonds to fund the Water Board 1994-95 Capital Program is unjustified because of the lag in implementing the capital work itself; and Whereas: This sentiment has been formally expressed to the Water Board in a letter signed by the Mayor and Council President; and Whereas: This letter recommends a rejection of the proposed bond sale until such time that a realistic capital program consistent with the recommendations of the engineering consultant be implemented with the result being a roll back in the water rate increase proportionate to the reduction in debt service expenses; and Whereas: The Water Board, which currently has available approximately $15 million in unencumbered bond funds and anticipates an additional $12.3 million from a projected bond sale, does not have the capacity to expend these existing resources, making the need to assume greater debt imprudent, particularly in consideration of the increased rate to users who will not benefit from improvements that are years away from implementation; and Whereas: To combat this unnecessary increase, the administration has revised its revenue statement and debt service expenses for the Buffalo Water Board; Now, Therefore, Be It Resolved: That this Common Council concurs with and authorizes the revised, revenue statement; and Be It Further Resolved: That this Council also concurs with and authorizes a reduction in the debt service expenses (from $805,000 to $189,000) and Capital Bonds (from $12.3 million to $6 million); and Be It Further Resolved: That these combined actions result in a reduction in the proposed water rate to an increase that approximates 9%; and Be It Further Resolved: That this Council recommend that the Water Board and the Water Finance Authority agree with and accept these changes; and Be It Finally Resolved: That the City Clerk forward certified copies of this resolution to the Buffalo Water Board and the Buffalo Water Finance Authority. ADOPTED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- COPPOLA- 1. No. 5 By: Messrs. Pitts and Arthur Certificate Of Necessity Capital Budget Amendment Buffalo Municipal Water Finance Authority Authorization for Revision to Capital Projects 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 the revision of the 1993-1994 Water Capital Improvements Budget as listed below. We urge the Common Council to join with us in recommending to the Water Board the below listed changes to the Water Capital Projects Program provided by the Common Council prior to July I, 1993 for the ensuing fiscal year. Dated: Buffalo, NY, May 20, 1994 RECEIVED AND FILED. No. 6 By: Mr. Collins Capital Budget Amendment Revision 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 revising the following items under the Buffalo Municipal Water Finance Authority: Which Now Reads: 1. Installation of New Watermains $3,085,000 New 48" Watermain in Bailey Ave from Dingens to William St $1,000,000 New 10" Watermain in Hillary Street, New 8" watermain and service transfer in Potter Road $ 525,000 New 16" watermain in Bailey Avenue from So. Park to McKinley Parkway $ 400,000 New 8" watermain in Niagara Falls Blvd. and new 20" watermain in Jefferson Avenue (will coincide with paving project) $ 600,000 New 8" watermain along Buffalo River between Spann and Pierce $ 410,000 New 8" watermain in Maryland St. from Fourth St. to Seventh $St. $ 150,000 2. Cleaning/Lining Existing Mains $4,622,000 Cleaning and Cement Lining Watermains in Fillmore from Broadway to Kensington Avenue $1,200,000 Cleaning and Cement Lining Watermains in Virginia/ College/North/Delaware $ 600,000 Cleaning and Cement Mortar Lining 36" transmission main along Bailey Ave and McKinley from Elk/City Line $1,172,000 Cleaning and Cement Lining Watermains in Amherst/Starin/Hertel/Main $1,650,000 3. Rehabilitation Main Connecting Manhattan and Cleveland Tanks $ 800,000 4. Valve/Hydrant Replacement Main St. (Humboldt to City Line) $ 280,000 5. Filter Plant improvements $1,363,000 6. Pumping Stations Improvements $ 410,000 7. Paint Pipe and Bridge across Scajaquada Expressway $ 40,000 8. Purchase Valves and Hydrants $ 700,000 9. Full Metering Program - Phase I $1,000,000 GRAND TOTAL $12,300,000 Amended to Read: 1. Installation of New Watermains $2,285,000 New 48" Watermain in Bailey Avenue from Dingens to William Street $1,000,000 New 16" watermain in Bailey Avenue from So. Park to McKinley Parkway $ 400,000 New Watermain at the Crossroads Arena $ 885,000 2. Cleaning/Lining Existing Mains $1,605,000 Cleaning and Cement Lining Watermains in Amherst/Starin/Hertel/Main 3. Filter Plant Improvements $1,230,000 Filter Media and Operating Tables 4.Pumping Stations Improvements $ 410,000 Rehabilitation of Pumps and Motors - Ward Station 5. Purchase Valves and Hydrants $ 470,000 Purchase of Hydrants $ 320,000 Purchase of Valves $ 150,000 GRAND TOTAL $6,000,000 PASSED. AYES- 13 NOES- 0. No. 7 Amendments to Mayor's 1994-95 Budget Recommendations It was moved by Mr. Pitts and Seconded by Mr. Helfer that the Mayor's Budget Recommendations are hereby amended as follows: CUT ADD NET DESCRIPTION COUNCIL $125,000 LINE CUTS $125,000 REENGNRNG STUDY $ 2,000 UTILITY $ 2,000 PRECIOUS JEWELS $125,000 $129,000 $4,000 PRESIDENT $15,000 $15,0000 ($15,000) MAYOR & EXEC $3,665 LINE CUT $3,665 $0 ($3,665) AUDIT & CONTROL $12,070 LINE CUT $47,120 LINE ADDS (IN REM) $94,269 AUDIT INSP (3) $36,058 CHF AUDIT INSP $47,149 DP EQUIP OPER (2) $23,554 ACCT CLK STENO IN REM $24,381 REAL EST INV IN REM $39,597 LABORER I IN REM (2) $22,690 LABORER I IN REM $12,070 $334,818 $322,748 CIVIL SERVICE $14,470 LINE CUTS $200,000 FIRE EXAM AGILITY TESTING $29,423 PUB INFO OFFICER $14,470 $229,423 $214,953 A & F $19,831 LINE CUTS $35,232 URBAN RESEARCH PLANNER $62,485 ASST DIR L R $27,495 ASST BENEFIT MGR $19,609 JR TRAFFIC CLERK $36,058 SR ADMIN ASST $82,316 $118,393 $36,077 LAW $123,683 LINE CUT $3,890 OUTLAY $127,573 0 ($127,573) ASSESSMENT $9,400 LINE CUTS $42,753 SUPRV ASSESSOR $38,854 SR ASSESSOR $52,153 $38,854 ($13,298) GENERAL SERVICES $176,208 LINE CUT $1,200 OUTLAY $22,880 ACCOUNT CLERK $28,009 MEM SPRVSR I $887 HOL PAY $177,408 $51,776 ($125,632) POLICE $133,953 LINE CUTS $37,084 SURGEON $32,361 CRIME ANALYST $166,314 $37,084 ($129,230) FIRE $71,240 LINE CUTS $57,300 OUTLAY $20,493 ACCT CLK TYPIST $71,240 $77,793 $6,553 I & CR $49,142 LINE CUTS $30,932 RESEARCH ANALYST $21,747 TYPIST $26,432 BLDG INSP $32,992 HSG CT REP $22,261 STENO $22,880 ACCT CLK TYPIST $23,554 ACCT CLERK STENO IN REM $24,381 REAL EST INV IN REM $39,597 LABORER I IN REM (2) $22,690 LABORER I IN REM $159,364.07 $157,244.73 ($2,119) PUBLIC WORKS $315,095 LINE CUTS $200,000 LINE CUTS $10,000 LINE CUTS $1,400 OUTLAY $17,200 LINE 552 40-1-013 $74,685 BRDG OPER ENG. $24,167 ST REPAIR WKR $28,009 MEM SPRVSR $30,299 SR DRFTING TECH $25,797 SIGN INSPECTOR $28,883 CMCTN SPEC SPVSR I $37,163 BLDG CODE SPEC $21,748 TYPIST $24,687 BINGO INSPECTOR $21,960 ELEVATOR OPERTR $6,209 HOL PAY $526,495 $340,807 ($185,688) HR $5,550 LINE CUTS $8,300 LINE CUTS $50,000 LINE 580 YOUTH PROGRAM 50-6-011 $23,554 SR STENO $28,147 STENO SECRETARY $18,674 SEC TO COMM HR $25,659 RESEARCH AIDE $32,342 H. R. PLANNER $32,524 $159,702 $127,178 PARKS $70,250 LINE CUTS $24,496 CARPENTER $27,972 PARKS SUPT $26,278 HEAD CARPENTER $26,661 M E MECH $48,762 REC INSTR $22,279 REC INSTR 887 HOL PAY 750 GRILLS/RIV PARK $96,528 $151,808 $55,279 STREETS $31,515 LINE CUTS $76,000 OUTLAYS $55,150 SPVSR ST SAN I $31,181 SUPT ST SANI $31,181 SPRTNT RDNT CTRL $47,690 DOG CNTRL OFFICER $25,989 WELDER $6,209 HOL PAY $107,515 $197,400 $89,885 CD $250 LINE CUTS 250 0 ($250) MISCELLANEOUS CHARGES $535,000 $459,407 ($75,593) LINE CUTS RESERVE FOR TAX & CREDIT STABILIZATION FRINGES $750,223 $268,267 ($481,956) LINE CUTS SS,MEDICAL,DENTAL DEBT SERVICE $11,000 $0 ($11,000) GRANTS $32,824 $284,730 $251,906 $62,425 $62,425 DEBT SERVICE CAPITAL BUDGET $3,098,933 $3,098,933 ($0) ADOPTED. No. 8 Approval Of 1994-95 Budget As Amended Mr. Pitts moved that the 1994-95 Budget (Item No. 2, C.C.P. May 2, 1994) be and hereby is approved as amended. Seconded by Mr. Franczyk. PASSED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- COPPOLA, HELFER- 2. No. 9 Local Law Intro #8 - Reduction of Fire Companies Mr. Pitts moved that Item No. 31 C.C.P. May 2, 1994, Local Law Intro 18 -Reduction of Fire Companies be and the same hereby is approved. Seconded by Mr. Czajka. PASSED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 9. NOES- COPPOLA, FRANCZYK, HELFER, LOCKWOOD- 4. No. 10 Interim Action Plan - Police Reorganization Mr. Pitts moved that Resolution #156, C.C.P. May 3, 1994 is hereby approved as follows: 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, Precinct #17 at 98 Colvin - Precinct #4 at 485 Michigan - Precinct #8 at 647 Fillmore - Precinct #10 at 566 Niagara, to allow him to move forward with the Interim Action Plan; and 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; 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 Further Resolved That: The Commissioner of Police file with the Council a status report on the Interim Action Plan one year after its implementation and before the closing of any of the remaining precincts; 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. Seconded by Mr. Fahey. Mr. Pitts now moved to approve the above Interim Action Plan for Police Reorganization. Seconded by Mr. Fahey. PASSED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FRANCZYK- 1. *Mr. Franczyk voted in favor of this item except for Resolve No. 2 for which he requested that he be recorded in the negative. No. 11 Ord. Amend. - Ch. 175 (309) - Youth Golf Fees Mr. Pitts moved that Item No. 162, C.C.P. May 3, 1994 - Reduce Youth Golf Fees, be and the same is hereby referred to the Committee on Finance. Seconded by Mr. Bell. ADOPTED. No. 12 Mr. Pitts now moved that the following items: No 119 May 3 Deny sal. incr. to Compt. exempts (#179 4/19) No 120 May 3 Deny Sal. incr-exempt emply.(#182, 4/19) (attch.cert) Com 51 May 3 Changing Salaries- Exempt Employees (CC) are hereby Laid on the Table. Seconded by Mr. Collins. ADOPTED. No. 13 Mr. Pitts now moved that the following items: Res 154 May 3 Reduce Sidewalk Cafe Fees Res 161 May 3 Eliminate Volleyball League Permit Fees Com 23 May 3 Rpt. Audit- Cost Refuse/Recycling (Compt) Com 57 May 3 Analysis of waste disposal tonnage (Sts) Com 24 May 3 Rpt. Audit- Bldgs./Licenses (Compt) be and the same are hereby Referred to the Committee on Finance. Seconded by Mr. Coppola. ADOPTED. No. 14 Mr. Pitts now moved that the following item: No 88 May 3 Pub.Mgmt.Gp.- Fire Dept. Study Final Report be and the same is Referred to the Committee on Legislation. Seconded by Mrs. LoTempio. ADOPTED. No. 15 Mr. Pitts moved that the following items: Com 4 May 2 Agreement- reduction in Fire Companies (Fire) Com 49 May 17 Opinion- Police Interim Action Plan (CC) No 103 May 3 Funding Recommend. (Arts Comm.)(#11 4/19) Com 64 May 3 Transfer Real Estate to Comm. Revital. (ICR) Com 66 May 3 Use of hand held computers by PVB (A&F) No 85 May 3 Cit. Salary Review Commission 1994 Report Com 15 May 17 Monthly Overtime Report (Compt) No 88 May 17 W.Bauza & 1- complaints on budget/taxes be and the same are hereby Received and Filed. Seconded by Mr. Zuchlewski. ADOPTED. No. 16 Adjournment At 4:25 P.M. Mr. Pitts moved to Adjourn. Seconded by Mr. Perla. ADOPTED. Board of Police and Fire Pension Proceedings # 5 Mayor's Office-201 City Hall May 26, 1994-11:00 a.m. Present: Anthony M. Masiello, Mayor; R. Michael McNamara, Deputy Comptroller- 2. Absent: George K. Arthur, Council President-1. The Journal of the last Meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May 1994 amounting to $29,818.25, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 The following annuitants have been cancel led from the Fire Pension Payroll: Margaret E. O'Keefe Died 4/29/94 Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 1994 amounting to $31,312.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 4 The following annuitants have been cancel led from the Police Pension Payroll: Vivian Nagel Died 4/26/94 Received and Filed No. 5 Mr. Masiello made a motion to accept the quarterly reports of disbursements from the City Treasurer's office and to publish same in the Pension Proceedings. Received and Filed No. 6 On motion by Mr. McNamara, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.