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HomeMy WebLinkAbout94-0712 No. 14 Common Council Proceedings of the City of Buffalo Regular Meeting, July 12, 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, July 12, 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, and Zuchlewski- 12. ABSENT- Pitts- 1. On a motion by Mr. Bell, seconded by Mr. Zuchlewski, the minutes of the stated meeting held on June 28, 1994, and the Special Sessions held on July 1, 1994, and July 7, 1994, were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 1 P. Cox - Request To Convert Single Family Dwelling Into A Halfway House at 187 Townsend Item No. 96, C.C.P., May 31, 1994 The City Planning Board at its regular meeting held Tuesday, July 5, 1994, considered the above request pursuant to Section 511-94 of the Buffalo Code, Review of Halfway Houses. The Board voted to receive and file the request since your Honorable Body has already approved the matter at your meeting of June 28, 1994. RECEIVED AND FILED. No. 2 Pierce and Stevens Inc. - Request To Erect A Two-Story Addition at 660 Ohio Street Item No. 112, C.C.P., June 28, 1994 The City Planning Board at its regular meeting held Tuesday, July 5, 1994, considered the above request pursuant to Section 511-67 of the Buffalo Code, Buffalo Special Coastal Review District. The applicant seeks to build a one-story masonry and steel addition on the west side and a two-story masonry and steel addition on the northwest side of an existing manufacturing facility. The addition will be used for light manufacturing, warehousing and offices. A vertical element which is 40 feet in overall height is also proposed for the addition. This element will be integral to the manufacturing of their products. The site is located in an M3 industrial zone which permits such extensions of uses. Moreover, the site is not contiguous to the Buffalo River. The site upon which the addition will be located has been remediated to standards set by the N.Y. State Department of Environmental Conservation. Similarly, all applicable permits issued by the N.Y.S. Department of Environmental Conservation are current and in order. Given this, under SEQR the addition may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed renovation so lord as the appropriate N.Y.S. Department of Environmental Conservation permits and procedures are in order. RECEIVED AND FILED. No. 3 Noco Motor Fuels Inc. - Request To Erect A Pole Sign And To Provide Screen At 400 Virginia Street Item No. 113, C.C.P., June 28, 1994 The City Planning Board at its regular meeting held Tuesday, July 5, 1994, considered the above request pursuant to Sections 511-97, 511-56 and 387-19 of the Buffalo Code, Review of Alternate Screening for Parking in the Elmwood Business District and Review of Pole Signs. The applicant seeks to screen an accessory off-street parking lot with a wrought iron fence at a brick wall top, and a sodded area to the north of the site.- The applicant also seeks to place an accessory 7 foot by 7 foot by 18 foot high, illuminated, pole sign on the site. The site is located in the Elmwood Business District which does not permit such signage. Consequently, the applicant must seek Zoning Board of Appeals approval for the sign. With regard to the screening, the City Planning Board concurs with the findings of the Buffalo Preservation Board which has approved the proposed screening. The Buffalo Preservation Board has determined that the proposed sign and screening is a Type I action under SEQR and considers them to have no significant environmental impact. Given this, the City Planning Board voted to approve the proposed screening and has no objection to the proposed sign. RECEIVED AND FILED. No. 4 F. Kempf - Request To Place A Sidewalk Cafe at 3234 Main Street Item No. 114, C.C.P., June 28, 1994 The City Planning Board at its regular meeting held Tuesday, July 5, 1994, considered the above request pursuant to Section 413-59 and 511-97 of the Buffalo Code, Review of Sidewalk Cafes and Expansion of a restricted use in the Transit Area. The applicant seeks to expand an existing eating and drinking place with a 9 foot by 12 foot (108 square feet) outdoor cafe which will encroach the right-of-way. The cafe will be delineated by a cordon and its four tables (four chairs per table) will be removed nightly. Under SEQR the proposed expansion is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sidewalk cafe. RECEIVED AND FILED. No. 5 Buffalo Mecantile Center Ltd. - Request To Rezone 225 Louisiana From M2 to CM Item No. 111, C.C.P., June 28, 1994 The City Planning Board at its regular meeting held Tuesday, July 5, 1994, considered the above petition pursuant to Section 511-126 of the Buffalo Code, Amendments to the Zoning Ordinance. The applicant seeks to rezone a 122,502 square foot area from M2 to CM to allow for the development of 28 two-bedroom units. The M2 zone does not permit residential development. It should be noted that the City Planning Board had reviewed the applicant's request for a multiple dwelling under Section 511-89 of the Buffalo Code at its meeting of September 17, 1988. At that meeting, the Board voted "no objection" to the proposed conversion and noted that the applicant would have to seek relief from the Zoning Board of Appeals. The applicant, however, was denied by the Zoning Board of Appeals and therefore has opted to seek the present rezoning. Under SEQR the proposed rezoning may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed rezoning. RECEIVED AND FILED. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 6 NYSDEC Kingsley Pk. Record of Decision Item No. 104, C.C.P. 6/28/94 The Environmental Management Commission responds to the Common Council referral of New York State Department of Environmental Conservation's Record of Decision regarding the Kingsley Park inactive hazardous waste site. The Commission notes with approval Mayor Masiello's support for a citizens' task force to focus on issues associated with Kingsley Park and with hazardous material sites in the inner city. It recommends that the Common Council join in and also support this effort. The Commission recommends that the City act to encourage the New York State Departments of Environmental Conservation and Health to continue to follow up on the Kingsley site, and that New York State be strongly advised of the error in proceeding with the separation of site remediation from health investigation and management issues. In this regard there needs to be both a systematic study of the health effects of hazardous substances in the area of Kingsley Park, and as well a specially focused citizen health information and service effort by New York State. The Commission recommends that the New York State, including the Departments of Health and Environmental Conservation, be encouraged to move to adopt an approach to hazardous material sites more fully reflective of the multi-media approach (air, soil, water) for dealing with contaminated sites, and which has characterized a recent Federal initiative regarding problems similar to Kingsley Park. The Commission also recommends that the New York State Legislature be encouraged to act to remove the artificial distinction between hazardous substance and hazardous waste sites. This distinction wrongly limits State agencies' ability to respond to all the contaminants found at such sites as Kingsley, perpetuates damage to economic potential in the City, and perpetuates damage to the environment and to human health. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE CORPORATION COUNSEL. No. 7 Disposal of Clean and Toxic Soil Res. 180, CCP, 6/14/94 The Environmental Management Commission responds to Common Council referral of the question of soils associated with gas station tank removal. While recognizing the importance of New York State efforts to manage petroleum tanks, the Commission is of the view that some measures employed under State law and regulation may pose aesthetic and related damage to quality of life and property values in the City, and may as well present the possibility for environmental harm. The Commission is of the long-stated view that the City should take responsibility for regulating and protecting its environment and citizens, and should not merely assume that State efforts in this regard are sufficient, as in many instances they are not. To the extent that the City is not preempted from regulating this issue by State law, and to the extent that City regulation is consistent with the important need to efficiently and adequately manage petroleum waste, the Commission would strongly support the development of an appropriate local ordinance in this regard, wherein the City took enhanced responsibility for regulating an important local environmental issue. The Commission would be pleased to work with local and State officials in this regard, and supports the Common Council's effort to do so. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 8 Authorize Agreement Household Hazardous Waste Collection Item No. 38, C.C.P. 6/28/94 The Environmental Management Commission responds to the referral of an item concerning household hazardous waste collection. The Commission supports the effort of the Department of Public Works to provide a household hazardous waste collection day. Such efforts are protective of the environment, and of the health of citizens and those City workers who collect waste at the curb. The Commission hopes that the City can in the future expand this effort to alternative sites and alternative days. It also urges the development of such measures as educational programs to minimize the accumulation of such waste products. The solid waste management committee, which the Commission elsewhere proposed, would be an appropriate vehicle for assisting accomplishing such goals. REFERRED TO THE COMMITTEE ON FINANCE. No. 9 J. Brem - Oppose Purchase 60/40 Sanitation Trucks Item No. 73, C.C.P. 5/17/93 The Environmental Management Commission responds to Common Council questions regarding solid waste management issues in the City. The Commission's response is based on meetings with Commissioner LoVallo and with interested citizens, and on the Commission's own attention to the problem, including a substantial report published several years ago. 1) Regarding the proposed purchase of 60/40 packers, the Commission recommends that Commissioner LoVallo's professional judgement in favor of the purchase should be respected and is reasonable. The City's recycling effort needs to be enhanced, existing equipment is deficient, and the Department of Street Sanitation's initial purchase is designed to attack a number of the problems associated with recycling and to allow for evaluation before proceeding with further purchase. 2) The Commission wishes to advise the Common Council that the Commission proposes to establish a Solid Waste Management Sub-Committee under EMC auspices. The Commission solicits the guidance of both the Council and Administration as to how such a body might best be comprised and function. The Commission notes that the demands associated with the complicated and time-consuming questions associated with solid waste management issues are likely to increase, and that a City/citizen board could organize and recommend in a useful way. The Commission points out that the successful Pest Management Board and Lead Action Task Force began similarly under the EMC, and that these bodies have worked productively. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMPTROLLER No. 10 Certificate Of Necessity Transfer Of Funds Department of Audit and Control - Comptroller Division of Real Estate 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 $28,192 be transferred and reappropriated from the Department of Audit and Control - Comptroller, as set forth below: Dated: Buffalo, NY, July 7, 1994 RECEIVED AND FILED. No. 11 Capital Debt Service Fund Deposits - 1994/1995 Fiscal Year Certificate Number 1 -94/95 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 1994 and ending June 30. 1995 I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1994 and ending June 30, 1995 is $35,709,454.01. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 1994 through and including November 30, 1994), is $9,404,183.87. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1994 through and including June 30, 1995), is $26,305,270.14. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 1994 and ending December 31, 1994 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $1,535,930.00 7/29/94 M&T Trust Co. Buffalo, New York Serial Bonds 468,305.00 7/29/94 Key Trust Company Albany, New York Serial Bonds 265,735.00 8/1/94 Chase Manhattan, NA New York, New York Serial Bonds 667,747.50 8/12/94 Key Trust Company Albany, New York Serial Bonds 764,951.25 8/12/94 Marine Midland,NA New York, New York Serial Bonds 1,425,000.00 8/15/94 Marine Midland,NA New York, New York BAN 201,111.11 8/16/94 Fleet Trust Company Albany, New York Serial Bonds 817,273.76 8/31/94 Marine Midland,NA New York, New York Serial Bonds 15,720.00 9/1/94 Chase Manhattan, NA New York, New York Serial Bonds 474,376.25 9/30/94 Fleet Bank Buffalo, New York Serial Bonds 1,023,450.25 9/30/94 Marine Midland,NA New York, New York Serial Bonds 821,043.75 9/30/94 Fleet Trust Company New York, New York Serial Bonds 215,115.00 10/1/94 Chase Manhattan, NA New York, New York Serial Bonds 185,300.00 11/1/94 Chase Manhattan, NA New York, New York Serial Bonds 28,545.00 11/30/94 " " Serial Bonds 52,605.00 11/30/94 M & T Trust Co. Buffalo, New York Serial Bonds 110,000.00 12/1/94 M & T Trust Company Buffalo, New York Serial Bonds 331,975.00 12/1/94 Chase Manhattan, NA New York, New York $9,404,183.87 5. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on July 1, 1994 is $9,404,183.87. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 1995, and ending June 30, 1995, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $1,535,930.00 1/31/95 M & T Trust Company Buffalo, New York Serial Bonds 468,305.00 1/31/95 Key Trust Company Albany, New York Serial Bonds 6,195,000.00 2/1/95 M & T Trust Company Buffalo, New York Serial Bonds 24,932.50 2/1/95 Chase Manhattan, NA New York, New York Serial Bonds 1,337,000.00 2/1/95 Key Trust Company Albany, New York Serial Bonds 667,747.50 2/14/95 Key Trust Company Albany, New York Serial Bonds 736,451.25 2/14/95 Marine Midland, NA New York, New York Serial Bonds 1,965,000.00 2/15/95 Key Trust Company Albany, New York Serial Bonds 817,273.76 2/28/95 Marine Midland, NA New York, New York Serial Bonds 2,240,000.00 3/1/95 " " Serial Bonds 480.00 3/1/95 Chase Manhattan, NA New York, New York Serial Bonds 474,376.25 3/31/95 Fleet Bank Buffalo, New York Serial Bonds 821,043.75 3/31/95 Fleet Trust Company New York, New York Serial Bonds 511,725.13 3/31/95 Marine Midland, NA New York, New York Serial Bonds 1,185,000.00 4/1/95 Fleet Bank Buffalo, New York Serial Bonds 3,120,000.00 4/1/95 Fleet Trust Company New York, New York Serial Bonds 523,365.00 4/1/95 Chase Manhattan, NA New York, New York Serial Bonds 136,925.00 5/1/95 " " Serial Bonds 28,545.00 5/31/95 Chase Manhattan, NA New York, New York Serial Bonds 49195.00 5/31/95 M & T Trust Company Buffalo, New York Serial Bonds 3,466,975.00 6/1/95 Chase Manhattan, NA New York, New York $26,305,270.14 7. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on December 1, 1994 is $26,305,270.14. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, Fleet Bank, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 1-94/95 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 30th Day of June, 1994 RECEIVED AND FILED. No. 12 Info - Account Re-coding Attached herewith please find a listing of five account codes which will be changed July 1, 1994. The account codes were chosen during preparation of the adopted budget, and are not in compliance with the Comptroller's account code policy manual. The Accounting Division will correct the coding for all reports generated for fiscal year 1994-95. Any questions or concerns should be directed to the Accounting Division. RECEIVED AND FILED. No. 13 Interfund Loans Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have two requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loans from the General Fund to the City's Capital Projects Fund in the amount of $200,000 for Citywide Playground Improvements and $75,000 for Restoration of City Monuments. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-717-049 BAN/Bond Sale $200,000 100 Gen 200 Cap Proj 200-717-063 BAN/Bond Sale $75,000 Mr. Bell moved: That the communication from the Comptroller, dated July 5, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loans from the General Fund to the City's Capital Projects Fund in the amount of $200,000 for Citywide Playground Improvements and $75,000 for Restoration of City Monuments. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 12 NOES- 0. No. 14 Interfund Cash Loan 620 - Trust & Agency Fund 011-278-00-000 Local Records Management Grant 94-95 Certain Federal and state aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $116,886.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 100 - General Fund TO: 620 - Trust & Agency - City ACCOUNT NO.: 620 - 011 -278 - 00 - 000 GRANT TITLE: Local Government Records Mgmt. Grant GRANT AGENCY: NYS Department of Education AMOUNT: $116,886.00 Estimated Date of Repayment: July 1995 Mr. Bell moved: That the communication from the Comptroller, dated July 12, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to 620 Trust and Agency City 620-011-278-00-000 in the amount of $116,886.00 for Local Government Records Management Grant. The loan is payable at date of reimbursement. PASSED. AYES- 12 NOES- 0. No. 15 Audit Report - IWS Waste Disposal Contracts Item No. 138, C.C.P. 05/17/94 Attached please find herewith our Comparative Analysis of IWS Waste Disposal Contracts for the periods 7/1/92 to 4/30/93 and 7/1/93 to 4/30/94 inclusive. This report is in response to the request of the Common Council made on May 17, 1994. The following is an overview of the subject report: - The City and IWS executed an option to renew the original agreement on June 23, 1993. - The above Contract Amendment No. Five allows IWS to define mattresses, box springs, rugs and upholstered furniture as garbage. - The City is currently saving approximately $1.00 per ton on waste disposal contracts in effect for the fiscal period 7/1/93 to 4/30/94. - The City has reduced payments to IWS totalling $270,053.50 for garbage hauled to the Waste facility in excess of the total tons delivered by the City to the East Side Transfer Station. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Audit Report - IWS Recycling Contract Attached please find herewith our Analysis of IWS Recycling Contract for the period 7/1/93 to 5/31/94. The following is an overview of the subject report: - IWS appears to be within its contractual rights to send back contaminates (residue) delivered by the City to the Materials Recovery Facility. - The percentage of the above residue for our audit period is 7.3%. - IWS has been paid an excess cost totaling $34,072.01 by the City for the handling of the aforementioned contaminated material. - Remittance of the City's share of recyclable sales and host fees by IWS were found to be in a delinquent status for the months of February, March and April, 1994. - City officials must strive to achieve a more efficient recycling program in the future in order to provide a more economical contractual cost. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Contract For Collection Services On Delinquent Parking Violation Fines By Financial Collection Agencies (1990) Inc. On 2/22/94, your Honorable Body approved Ordinance Amendments pertaining to the collection of overdue accounts receivable by the City Comptroller (Division of Collections), mandating the referral of overdue receivables to the City Comptroller, and codifying its procedures and responsibility in the area of collections. In part, that Ordinance stated that the Comptroller may engage the services of private credit or collection agencies and other professional services, as required, in accordance with the General Municipal Law and Charter. Further, the Ordinance authorizes the Comptroller to impose fees or charges in connection with the collection of arrears as provided for by Chapter 175. These include "Additional charge to be added to all arrears sent to outside collection agency - actual amount charged by the collection agency. The topic of parking violation collection has been examined in detail, not only by the current Common Council and Administration, but by previous officeholders and City officials as well. In September of 1993, the Comptroller issued a Request for Proposals for debt recovery services in the area of delinquent parking violation fines. The Office of the Comptroller, Division of Collections, in conjunction with the Parking Violations Bureau and Department of Administration and Finance, conducted a comprehensive vendor selection process to identify the most qualified and cost-effective firm to perform this function. A final report of the selection criteria and review process was provided to each Council member. The company chosen is Financial Collection Agencies (1990), Inc. The company will serve as an adjunct to what is now regarded one of, if not the most, effective PVB municipal collections programs in New York State. Currently the backlog of uncollected fines remaining after in-house PVB collection efforts have been completed is over $9 million. It is imperative that the services of a professional collection agency, with its specialized manpower and collective techniques, which cannot be matched by in-house operations, be utilized to effect collection. The collection agency fee is contingent on collection. There will be no cost to the City unless monies are recovered. A contract between the City of Buffalo and Financial Collection Agencies (1990), Inc. is hereby submitted for your review and consideration. I encourage your immediate approval to allow for a planned project start-up date of 8/1/94. I further request that the Common Council approve this item and grant authorization to the Comptroller and Commissioner of Administration and Finance to execute the contract attached hereto, subject to such modifications as the Corporation Counsel may deem necessary and appropriate to approve such document. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 18 Response - Request to Maintain 506 Goodyear Vacant City-Owned Lot Item No. 92, C.C.P. 6/28/94 The above referenced item is a request from Annie Baker, representing residents of the Masten District. Ms. Baker resides at 504 Goodyear Avenue and is requesting to be considered to maintain and be responsible for the upkeep of the vacant City-owned lot at 506 Goodyear. As Your Honorable is aware in the past similar requests have been denied unless the individual or organization provides the City with sufficient proof of insurance holding the City harmless against liability, injury and damages arising from their use of the property. I have instructed the Division of Real Estate to contact Ms. Baker and provide her with information on how the property could either be leased, purchased or homesteaded. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Response - 246 Walden Avenue Odessa Hunter Item No. 100, C.C.P. 6/28/94 The above referenced item was referred to the Committee on Finance and to this office for a response. The item is a letter from Ms. Odessa Hunter advising Your Honorable Body that she has been unable to reach an agreement for the purchase of a portion of 246 Walden, a vacant City owned lot, 33 feet by 85 feet. The portion she wishes to acquire consists of the westerly 15 feet by 85 feet of 246 Walden. The vacant lot at 246 Walden is adjacent to income properties owned by Ms Hunter at 242 Walden and 9 Barthel. The subject property also adjoins a 30 feet by 120 feet vacant City owned lot at 250 Walden. Originally, Ms. Hunter requested to purchase both City owned lots. The Division of Real Estate was advised by Community Development and Inspections and Community Revitalization that 246 and 250 Walden were of sufficient size for residential development, that the property was slated for new housing and to withhold them from sale. At a meeting of the Common Council's Committee on Finance held on 9/28/93, it was agreed to negotiate the sale of the westerly 15 feet of 246 Walden to Ms. Hunter. This would leave a balance of approximately 48 feet by 120 feet, after combining the remainder of lot 246 with 250 Walden, for new housing. In accordance with our private sale procedures an independent appraiser was hired by Ms. Hunter to estimate the fair market value of the westerly 15 feet by 85 feet of 246 Walden. The appraisal report submitted by White Realty, indicated a value of Four Hundred Dollars ($400) for the vacant 33 feet by 85 feet lot at 246 Walden. There was no indication in the appraisal report about the value of the west 15 feet by 85 feet of the subject property. The estimated value of Four Hundred Dollars ($400) would indicate approximately Fourteen Cents ($. 14) a square foot. The appraisal report did not show or include the comparable properties that were use to arrive at the value. The Division of Real Estate investigated the sales of similar properties in the area. Sale prices range from Twenty-Six Cents ($.26) to Twenty-nine Cents ($.29) a square foot. This would indicate a value of approximately Seven Hundred Dollars ($700) to Eight Hundred Dollars ($800) for 246 Walden or Three Hundred and Fifty Dollars ($350) to Four Hundred Dollars ($400) for the westerly IS feet by 85 feet that Ms. Hunter wants to acquire. There was an obvious discrepancy between the values reported by the appraiser and the Division of Real Estate. The Division of Real Estate requested the appraiser to submit the comparable sales he used to arrive at the value. The appraiser submitted addresses of properties that were sales of auctioned properties with improvements on them or properties where the addresses did not exist and could not be verified Ms. Hunter did meet with Mr. Hannon on several occasions to discuss the purchase of the 15 feet by 85 feet parcel. On two of those occasions the appraisals and appraiser's additional information were reviewed and purchase offer discussed. Being unhappy with Mr. Hannon's recommendation of Four Hundred Dollars ($400), Ms. Hunter did not make a formal written offer for the property. As Your Honorable Body is aware, I reported the results of our negotiations along with a recommendation. The recommendation to approve or not approve a sale is based upon the fair value of the property. In this instance the value of the property was estimated from sales gather by the Division of Real Estate from City sales records, since the appraisal report did not provide sales comparisons. I hope that the above information is sufficient in assisting Your Honorable Body in reaching a satisfactory conclusion of this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Response to Request to Homestead Lot Adjacent to 59 Linden Park Item No. 99, C.C.P. 6/28/94 The above referenced item is a request from Joyce W. Hollis, 59 Linden Park, to homestead a vacant City-Owned lot and request for information on ways of acquiring this lot for homesteading. The Division of Real Estate has reviewed this request. From maps and records it appears that Ms. Hollis is referring to property acquired by the City of Buffalo for the construction of the Kensington Expressway. To date no visual inspection of the property has been made of the parcel in question. From maps it could not be determined if the parcel is part of the right-of-way or an excess parcel left over from construction of the expressway. The item should be referred to the Department of Public Works for review and are commendation. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 21 Certificate of Appointment Appointment effective July 5, 1994 in the Department of Audit and Control, Division of Audit, Jo Marie Barone, 11 North Drive, Buffalo, NY 14216, to the position of Auditing Inspector, Temporary, at the Intermediate starting salary of $ 28,898. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 22 Certificate of Appointment Appointment effective June 30, 1994 in the Department of Audit and Control, Division of Accounting, David W. Pratt, 185 Norwood, Buffalo, NY 14222 to the position of Senior Accountant, Temporary, at the Intermediate starting salary of $30,142. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 23 Certificate of Appointment Appointment effective June 30, 1994 in the Department of Audit and Control, Division of Accounting, Susan C. Mascia, 132 Abbott Road Buffalo NY, 14220, to the position of Associate Accountant, Temporary, at the Maximum starting salary of $34,592. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 24 Certificate of Appointment Appointment effective June 30, 1994 in the Department of Audit and Control, Division of Audit, Elizabeth Mancuso, 61 Delaney, Buffalo, NY 14216, to the position of Associate Auditor, Temporary, at the Maximum starting salary of $34,592. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 25 Certificate of Appointment Appointment effective June 30, 1994 in the Department of Audit and Control, Division of Accounting, Richard J. Whitcomb, 669 McKinley Parkway, Buffalo, NY 14220, to the position of Supervising Accountant, Temporary, at the Intermediate starting salary of $36,687. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 26 Certificate of Appointment Appointment effective June 30, 1994 in the Department of Audit and Control, Division of Accounting, Margaret T. Burke, 19 Dundee Street, Buffalo, NY 14220 to the position of Supervising Accountant, Permanent, at the Maximum starting salary of $39,613. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 27 Certificate of Appointment Appointment effective June 30, 1994 in the Department of Audit and Control, Division of Audit, Joseph Syroczynski, 341 Bedford Avenue Buffalo, NY 14216, to the position of Principal Auditor, Temporary at the Maximum starting salary of $43,495. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL No. 28 Appt. Member Preservation Board On August 31, 1994 Mr. Peter Levin's position on the Preservation Board will expire and he is not eligible for reappointment. Therefore, I am submitting the name of Mr. Dennis Masters for consideration. Mr. Masters is a graduate of SUNYAB '75, School of Civil Engineering; currently owns a home in the Allentown Preservation District and owns his office building in the Joseph Ellicott District. He is a founding partner of BRD Inc. He has been very active in many projects in the City of Buffalo, including Kleinhans Music Hall, Butler Mansion, Hartwell Hall, the Levy, King and White Building, to name a few. There is no question in my mind that he will be an excellent replacement for Mr. Levin. His term will expire August 31, 1997. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 29 Certiorari Proceedings - St. Lawrence Cement Co. 1675 and 1751 Fuhrmann Blvd. 1993-94 and 1994-95 Proceedings This is to advise that the owner, St. Lawrence Cement Co; instituted certiorari proceedings on 1675 and 1751 Fuhrmann Boulevard, Buffalo, New York, regarding the assessment for the fiscal years 1993-94 and 1994-95 (taxable status dates December 1, 1992 and December 1, 1993). The assessments were reviewed by this Department and the owner expressed a willingness to settle the proceedings. The final assessments for such fiscal years were as follows: 1675 Fuhrmann Boulevard 1993-94 $1,334,500 1994-95 $1,334,500 1751 Fuhrmann Boulevard 1993-94 $2,375,900 1994-95 $2,375,900 The owner is agreeable to a settlement which would result in a reduction of assessment of $627,500 for 1994-95 on 1675 Fuhrmann Boulevard and a reduction of assessment of $715,900 for 1994-95 on 1751 Fuhrmann Boulevard. Real property taxes due the City for 1994-95 on 1675 Fuhrmann Boulevard would be reduced by $22,666.72 and for 1751 Fuhrmann Boulevard the reduction would be $25,859.93. Because these taxes are not yet payable, no refund would be necessary and revised bills would be sent. The Petitioner would withdraw the 1993-94 proceedings. Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend, therefore, this settlement in which the Department of Law concurs. The proposed settlement is subject to the approval of Your Honorable Body. I hereby request that the Corporation Counsel be authorized to settle the 1993-94 and 1994-95 certiorari proceedings on 1675 Fuhrmann Boulevard by reducing the 1994-95 assessment from $1,334,500 to $707,000 and on 1751 Fuhrmann Boulevard by reducing the 1994-95 assessment from $2,375,900 to $1,660,000, upon the condition that the 1993-94 proceedings on these properties be withdrawn or otherwise discontinued without change. Mr. Bell moved: That the communication from the Department of Assessment, dated July 6, 1994, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to settle the 1993-94 and 1994-95 certiorari proceedings on 1675 Fuhrmann Boulevard by reducing the 1994-95 assessment from $1,335,500 to $707,000 and on 1751 Fuhrmann Boulevard by reducing the 1994-95 assessment from $2,375,900 to $1,660,000, upon the condition that the 1993-94 proceedings on these properties be withdrawn or otherwise discontinued without change. PASSED. AYES- 12 NOES- 0. No. 30 Liquor License Application Item No. 86, C.C.P. 06/28/94 The above item was referred to this office for a report. We reviewed our tax files to determine if the individual and/or corporation applying for a liquor license owes real property tax, sewer rent, local assessment, or occupancy tax. Please be advised that 1224-1226 Hertel is assessed as 1220 Hertel and assessed to Nicholas A. Cutaia Inc., 5861 Transit Road, East Amherst, New York. Our records show that the following city taxes and sewer rent for 1220 Hertel remains unpaid: 1992-93 City taxes and sewer rent 5,094.97 1993-94 City taxes and sewer rent 7,378.87 1994-95 City taxes and sewer rent 5,972.60 (Interest computed as of July 31, 1994.) The applicant Keith Hughes does not own property in the City of Buffalo. We show nothing under the business name, Bain Appetite, Inc. or Jerry's Seafood Restaurant. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 31 Extension of Contract Cleaning and Lining Watermains on Porter Avenue and Jersey Street City Contract No. 91749200 In accordance with the terms of the contract between the City of Buffalo and Firstrhyme Construction Corp., City Contract No. 91749200, Cleaning and Lining Watermains on Porter Avenue and Jersey Street, Contract No. 22, the work called for in this contract was scheduled to be completed by August 29, 1994. The contractor has requested an extension in this contract due to a revised construction schedule which was developed to address all three (3) Col. Ward's water transmission mains being available for concurrent construction. In consideration of this issue, the consulting engineer recommends approval of a schedule which includes South Porter Avenue and Jersey Street transmission mains only to be completed no later than October 3, 1994. The contractor has been aware that any work beyond that date may be deleted from the contract or may be performed under a time extension when weather permits. Accordingly, I have granted an extension of time in the contract with Firstrhyme Construction Corp., Inc. The new completion date for this contract is October 3, 1994. RECEIVED AND FILED. No. 32 P. Georgisdis- Use 1081 Elmwood New Sit-in-Restaurant Item #77, C.C.P. 6/14/94 In response to C.C.P. 77 applications for Restaurant, Music and Coin Controlled Amusement Devices were mailed to Pano Georgisdis for 1081 Elmwood Avenue. RECEIVED AND FILED. No. 33 Liquor License Application Item #57, C.C.P. 6/14/94 In response to C.C.P. #57 applications for Restaurant, Coin Controlled Amusement Devices, Music, Restaurant Dance and Certificate of Inspection were mailed to Jose Luis Rivera for 381 Busti Avenue. RECEIVED AND FILED. No. 34 Change Alternate Parking Type I Changeover Time Res #194, C.C.P. 05/31/94 This is in response to the above mentioned resolution. This Department is presently investigating the need to change alternate parking restrictions. We are working with the Streets Department and the Division of Parking Enforcement to identify problem areas with the intent to adjust the alternate parking to meet the needs of all concerns. RECEIVED AND FILED. No. 35 Notification Serial #8374 Police Emergency -Install stop sign & auxiliary stop sign in South Ogden Street at Griswold Street STOP SIGN - 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 of Ordinances of the City of Buffalo be supplemented by adding thereto the STOP SIGN & AUXILIARY STOP SIGN following: VEHICLES ON SHALL STOP BEFORE ENTERING South Ogden - SE comer Griswold Street & Auxiliary Stop - SW Corner South Ogden - NE corner Griswold Street & Auxiliary Stop NW corner This all-way stop control is warranted and is installed due to the accident history at this location. It will provide greater safety and vehicle control at a dangerous intersection. RECEIVED AND FILED. No. 36 Report of Bids North Street - Conversion to Two-Way Traffic between Delaware Avenue and Symphony Circle Item No. 32, C.C.P. 4/5/94 This is to advise your Honorable Body that I have advertised and received bids on July 6, 1994 for North Street - Conversion to Two Way Traffic between Delaware Avenue and Symphony Circle. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may he either more or less than the total bid. The following bid was received: Omer Construction Company, Inc.$ 96,931.50 I hereby certify that the lowest responsible bidder for the above project is Omer Construction Company, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-006-00-000 in an amount not to exceed $ 96,931.50, plus approved unit prices not to exceed an additional amount of $ 8,068.50 for a total award of $ 105,000.00. The engineer's estimate for this work is $ 105,000.00. The attached is certified to be a true and correct statement of the lowest bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 17, 1994. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bell moved: That the communication from the Department of Public Works, dated July 6, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for North Street - Conversion to two-way traffic between Delaware Avenue and Symphony Circle, to Omer Construction Company, Inc., the lowest responsible bidder in an amount not to exceed $96,931.50, plus approved unit prices not to exceed an additional amount of $8,068.50 for a total award of $105,000.00, with said cost to be charged against the Capital Projects Fund #200-401-006-00-000. PASSED. AYES- 12 NOES- 0. No. 37 Report of Bids Addition to Shoshone Park Concession Maintenance Building Shoshone Park I advertised for on June 7, 1994 and received the following sealed proposals which were publicly opened and read on June 21, 1994. General Construction Work W.C. Roberson Plumbing & Htg 38,602 LCP Construction 47,300 C.H. Byron Inc. 48,000 Miller Enterprises 53,500 Hadala Corp. 53,574 Nichter Assoc, Inc. 58,333 Williams Trucking 71,904 Electrical Work Goodwin Electric 2,595 Modern Tech 2,975 Weydman Electric 4,210 C.H.A.D. Enterprises 10,715 Plumbing Work Gareleck and Sons Inc. 13,227 Joe Carino Plmbg & Htg 16,574 NuMarco Inc. 16,800 Kamdey Co.,Inc. 16,969 W.C. Roberson Plmbg & Htg 23,900 Heating & Ventilating Work Peerless Air Conditioning & Htg 13,426 W.C. Roberson Plmbg & Htg 26,420 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction Work - W.C. Roberson Plmbg & Htg in the amount of $38,602.00 Electrical Work - Goodwin Electric in the amount of $2,595.00. Plumbing Work - Gareleck and Sons, Inc. in the amount of $13,227.00. Heating & Ventilating Work - Peerless Air Conditioning & Htg in the amount of $13,426.00. 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 200-717-023 Department of Community Development. Estimate for this work was $54,000.00. Mr. Bell moved: That the communication from the Department of Public Works, dated July 6, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for an addition to Shoshone Park Concession Maintenance Building at Shoshone Park, for General Construction Work, to W.C. Roberson Plumbing and Heating, in the amount of $38,602.00; for Electrical Work, to Goodwin Electric, in the amount of $2,595.00; for Plumbing Work, to Gareleck and Sons, Inc. in the amount of $13,227.00; for Heating and Ventilating Work, to Peerless Air Conditioning and Heating, in the amount of $13,426.00, all being the lowest responsible bidders. Funds for this project to be charged against B/F 200-717-023 Department of Community Development. PASSED. AYES- 12 NOES- 0. No. 38 Change in Contract Marquee & Grand Window Restoration Shea's Performing Arts Center 646-648 Main Street I hereby submit to Your Honorable Body the following change in contract for the Marquee & Grand Window Restoration at Shea's Performing Arts Center, Midland Empire Constructors, Inc. C-91753400: 1. Remove and dispose of a existing and abandon electrical sign uncovered during demolition of the Marquee. Add $1,360.00 The foregoing change results in a net increase in the contract of One Thousand Three Hundred Sixty and 00/100 Dollars ($1,360.00). Summary Original Amount of Contract $678,000.00 Amount of this change (No. 1) Add 1,360.00 Revised Amount of Contract $679,360.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-031 - Division of Buildings. I Recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Bell moved: That the communication from the Department of Public Works, dated July 6, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Midland Empire Constructors, Inc., changes resulting in a net increase in the amount of $1,360.00, as more filly described in the above communication, for work relating to Marquee & Grand Window Restoration at Shea's Performing Arts Center, Contract C-91753400. Funds to be charged to B/F 200-402-031 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 39 Change Order No. 2 - New Watermain Hillary Street and Service Transfers In Potter Road City Contract No. 91744100 I hereby submit to your Honorable Body the following change order with Mar-Wal Construction Company, Inc. for work relating to New Watermain in Hillary Street, New Watermain and Service Transfers in Potters Road, City Contract No. 91644100. New Work Item No. 2: Pavement replacement at 223 and 273 Potter Road; caused by service leaks. 18 s.y. @ $42.00 Increase: $ 756.00 New Work Item No. 3: Pavement replacement and driveway approach replacement at 299 Potter Road; excavated in wrong places because of incorrect service records. 5 s.y. pavement replaced @ $ 210.00 4 s.y. asphalt driveway replaced @ $ 30.00 Increase: $ 330.00 New Work Item No. 4: Remove leaking 6" valve at Tuscarora and Woodside, install line cap and restore. Mar-Wal provides all materials, the City will operate valves. Labor: $1,975.00 Materials: $1,315.00 Increase: $ 3,290.00 New Work Item No. 5: Remove and replace fire hydrant and valve at 410 Potter Road and restore. The City will operate valves and provide the hydrant. Mar-Wal will provide all labor and the remainder of the materials. Labor: $1,100.00 Materials: $ 680.00 Increase: $ 1,780.00 New Work Item No. 6: Install 12"x 8" tapping sleeve and valve at Woodside and Potter - was changed to the installation of a 12"x 12" cross. Additional labor, equipment, select fill, restoration. Labor: $ 2,840.00 Materials: $ 1,850.00 Increase: $ 4,690.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $ 287,400.00 Amount of Change Order No. 1 - Increase $ 4,050.00 Amount of Change Order No. 2- Increase $ 10,846.00 Current Amount of Contract $302,296.00 Funds in the amount of $10,846.00 are available in the Division of Water's 416-Capital Project Fund, 980-060 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Engineering Report- Buffalo Municipal Water Finance Authority Attached please find a copy of the 1994 Engineering Report on the Buffalo Water System, which was prepared by R & D Engineering under contract with the Municipal Water Finance Authority. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 City Tree Program Item #173, C.C.P. 6/14/94 In regards to the above Item, please be advised that the Department of Public Works is more than willing to implement whatever policy/ordinance the Commissioner of Parks and the Corporation Counsel deem appropriate. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 765 Elmwood Avenue; Awning Within Right of Way Ms. Sandi Van Camp of Forster Awnings, acting as agent for the Village Green Bookstore, located at 765 Elmwood Avenue, has requested permission to install an awning which would encroach city right of way at said address. The proposed awning would measure 26 feet in length and project approximately 8 feet from the building face into city right of way. The Department of Public Works has reviewed this application pursuant to chapter 413-56 (awnings, canopies and marquees) of the city Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other city of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the city of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the city of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PARKS No. 43 Buffalo River Canoe Trail The New York State Department of Environmental Conservation is proposing a Buffalo River Canoe Trail. This trail will traverse approximately 6 miles of the Buffalo River from the Department of Environmental Conservation's Harlem Road access site down stream to the Ohio Street access site. The purpose of the canoe trail is to provide a tame canoeing and educational experience for the general public. As part of the Department of Environmental Conservation's plan, they are requesting the City's authorization to allow parking on the grassy area adjacent to the South Buffalo Pump Station on Bailey Avenue. They are not planning on providing any paved spaces, but they are seeking authorization to erect signage that would invite users of the trail to park their vehicles on the grass and enter the creek at that location. This department has no objection to the Department of Environmental Conservation's plan provided that some basic conditions are met I respectfully request Your Honorable Body's authorization to allow the Department of Environmental Conservation to use this area as described above. Mr. Bell moved: That the communication from the Department of Public Works, dated July 6, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to approve a proposed Buffalo River Canoe Trail, subject to conditions to be imposed by the Department of Public Works. PASSED. AYES- 12 NOES- 0. No. 44 City Tree Program Item No. 173, C.C.P. June 14, 1994 The Parks Department welcomes any advice that will aid the process of reforesting the City of Buffalo. At present, over 20,000 street trees are needed. Trees planted in parks and open spaces are at least 3 or 3 and a half inches in diameter. However, street trees are usually 2 or 2 and a half inches, for several reasons. The majority of tree nurseries in Western New York do not grow trees in excess of 3 inches in diameter or do not have these trees in great quantities. If trees over 3 inch diameter are specified in a planting contract, the landscape contractor has to order trees from out-of-state nurseries. For example, a 3 inch diameter green ash tree costs $173.00 when purchased from Princeton Nurseries of New Jersey and the freight charge is an additional $18.00 for a total of $191.00. A two-inch diameter green ash tree can be furnished locally by a landscape contractor, planted and guaranteed for approximately $130.00 The furnishing and planting cost of the 3 inch tree can be as much as the two inch tree. By planting 2 inch diameter trees, our Department can plant three times as many trees with the money allocated for tree planting. Furthermore, our Department has a policy of not planting trees in tree lawns that are less than 30 inches wide. The average width of tree lawns is approximately 48 inches. When planting a 2 inch diameter tree the diameter and depth of the planting hole is 40 inches in diameter by 25 inches deep. Planting a 3 inch tree requires a hole 52 inches in diameter by 30 inches deep. It can be easily seen that a 3 inch tree cannot be planted in the majority of the city's tree lawns. Another problem encountered when planting 3 inch trees is the underground utilities that prevent proper positioning of the trees, i.e. overhead street lighting conduits, gas and water lines, etc. It can be proven that a 3 inch tree suffers a greater shock in the transplanting' process than a two inch tree. Crowing side by side the 2 inch tree will eventually grow to the same size as the 3 inch tree within two years. The smaller younger tree is more vigorous and easily overcomes the shock of transplanting. As far as the policy of tree planting in New York City, be advised that the abutting homeowner has to pay for the preparation of the planting site (i.e. cutting out the concrete walks) and for the cost of furnishing and planting the tree on city property. For your further information, attached is a copy of the ordinance which deals with this topic. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Foot of Ontario Street Boat Launching Item No. 154, C.C.P. June 14, 1994 The boat launching fees structure established by the Council in their present form creates more problems than they solve; no enforcement, no daily rates, etc. In order to fully implement the proper boat launch procedures the following plan would have to be implemented. 1. Sale of season permits for residents and non-residents as presently established at a centralized location (i.e. Delaware Park Labor Center). 2. Implementation of daily rates for City residents/non-city residents, through the concessionaire at the Foot of Ontario. These rates to be set by the Council. This procedure would entail reworking the existing lease agreement with the concessionaire at the Foot of Ontario. 3. Presently, the season permit is a sticker that is attached to the boat. This could be supplemented by a picture I.D. card for the boat owner. 4. Daily passes sold by the concessionaire would result in a register produced receipt. The register tape for the month, from the concessionaire, and a check to the Parks Department, from the concessionaire, would insure correct accounting. Suggested daily rate: resident- $3.00 and non-resident $5.00. 5. Selling the permits can be easily accomplished. However, the entire process becomes moot unless the Parks Department provides an employee that would be present to check season and daily permit receipts on a dawn to dusk, seven day basis. 6. The costs associated with this arrangement are listed below: 7 a.m. to 7 p.m. -- 7 day operation from May 15, to October 15; 3 fee collectors at $4.94 per hour x 84 hours per week for 23 weeks. Total cost to the Parks Department is $9,544.08 7. There is no way to determine, in advance, revenues without surveying the use of the ramp. (Ramp use during a survey period would be much greater than when fees are charged). Our collective feeling is that this collection system would at least break even and that the system could be put in place on a one-year experimental basis beginning in May of next year. 8. The use of an electronic barrier system as described in the resolution would need to be explored. We have no knowledge of a system in use presently so I cannot comment on its potential effectiveness. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 46 51 Oakgrove- Use As Park for Passive Recreation No. 179, C.C.P. June 28, 1994 The Parks Department is not in favor of adding additional land to its inventory of space to be maintained. We are trying desperately to keep up now with our present inventory of park land. We believe the Council could be setting a precedent by declaring city-owned vacant lots to be park land. Any Councilmember could ask for the same designation for any city-owned parcel in his/her respective district. This is not to say that the Parks Department would not help maintain, on a per need basis, when called upon by a Councilmember. The Parks Department is, in fact, trying to create partnerships through the City to help maintain existing greenspace for its residents. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF POLICE No. 47 Aid To Law Enforcement Grant Program Renewal: Fiscal Year '94-'95 Item #49, C.C.P. 07/20/93 We have been awarded 652,998.00 in renewal funding from the New York State Division of Criminal Justice Services for the renewal of our Aid To Law Enforcement Grant Program for the period April 1, 1994 through March 31, 1995. Under this agreement, the State will reimburse the City of Buffalo with $652,998 for the Police Department to provide case enhancement for the arrest and conviction of offenders who commit violent felonies and/or who otherwise fall under the definition of career criminal (as specified under the grant) because of their previous arrest history. I am respectfully requesting that Your Honorable Body authorize permission for the Mayor to enter into this renewal agreement (copy of renewal narrative attached and award letter from the State). We are also requesting that Your Honorable Body authorize the Comptroller to provide for an interfund cash loan in the amount of $59,941.00 as a cash advance for all non-personnel expenses (which are listed in grant narrative budget) until such reimbursement is secured from the State. This loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. If additional information is required, please contact Captain Edward C. Hempling, Administrative Services/Grants. REFERRED TO THE COMMITTEE ON FINANCE. No. 48 C.O.M.B.A.T. Grant Program Renewal: Fiscal Year '94-'95 Item #117, C.C.P. 07/20/93) We have been awarded $216,625 in renewal funding from the New York State Division of Criminal Justice Services for the renewal of our C.O.M.B.A.T Grant Program for the period April 1, 1994 through March 31, 1995. Under this agreement, the State will provide the City of Buffalo with $216,625 to enhance the City's narcotics enforcement capabilities as well as strengthen the community relations between the police and the residents within the targeted areas on both the City's East and West Sides. This year, the Department, upon the interaction of both COMBAT Citizens' Advisory Committees, has dedicated COMBAT Officers at the precinct level and they will be responsible for both the enforcement aspect of the program as well as working with their respective COMBAT Community Advisory Committees. The three (3) Officers serving the East Side are from Precinct #12 and the three (3) Officers serving the West Side are from Precinct #10. This is a switch from our previous strategy which involved specialty units; one handling the enforcement and the other acting as the community's liaison. The program this year, is taking on a more proactive/preventative approach by using officers working right within these neighborhood precincts. Our community groups feel that this approach will enhance the relationship between the police and the citizens since these officers will be involved with first-hand problem solving, decision making# and will be more accountable to the residents within these two (2) COMBAT zones. I am respectfully requesting that Your Honorable Body authorize permission for the Mayor to enter into this renewal agreement (copy of renewal narrative attached). We are also requesting that Your Honorable Body authorize the Comptroller to provide for an interfund cash loan in the amount of $9,415.00 as a cash advance for all non-personnel purchases until such reimbursement is secured from the State. This loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. If additional information is required, please contact Captain Edward C. Hempling, Administrative Services/Grants. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 49 Certificate of Appointment Appointment effective May 26, 1994 in the Department of Police, Michael R Mulderig, 56 Eaglewood, Buffalo 14220, to the position of Senior Cellblock Attendant, Permanent, at the Maximum starting salary of $ 26,177. Mrs. LoTempio moved That the appointment of Michael R. Mulderig, 56 Eaglewood, Buffalo 14220, to the position of Senior Cellblock Attendant, at the starting salary of $26,177 be, and hereby is, approved. PASSED. AYES- 12 NOES- 0. FROM THE COMMISSIONER OF FIRE No. 50 Appt. Deputy Commissioner of Fire I wish to nominate the following employee to the non-competitive position of Deputy Commissioner of Fire, effective July 1, 1994 at the salary of $69,482. John D. Sixt 347 McKinley Parkway Buffalo, New York 14220 RECEIVED AND FILED. No. 51 Certificate of Appointment Appointment effective June 27, 1994 in the Department of Fire Ronald Garrett, 56 Kamper Street, Buffalo, NY 14210, to the position of Cable Splicer, Permanent, at the Intermediate starting salary of $25,608. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 52 Designee To Design Review Task Force Item No. 179, C.C.P., 3/8/94 The above item creates a city-wide design review task force to study new models for the strengthening and expansion of the current system of design review and development projects within the City of Buffalo. The item also requests that various department heads, including the Corporation Counsel, name representatives as members of the task force. Accordingly, I hereby name Catherine E. Armitage, as my temporary designee as member of the task force. RECEIVED AND FILED. No. 53 Performance Audit Report - Refuse Collection Opinion No. 94-87 Item No. 13, C.C.P., May 17, 1994 You have requested comments on the Performance Audit Report of the Department of Street Sanitation ("DSS") regarding Computerized Management Control Systems for Collection of Refuse, which the Department of Audit and Control prepared to examine the current computerized programs available to DSS as accounting and management tools. The Audit Report also offers recommendations for new methods of operating current systems. Some of the recommendations may require the reassignment or elimination of personnel. Implementing these recommendations could impact on Collective Bargaining agreements ("CBA's") and/or Civil Service requirements. In particular, page 3 of the Audit Report speaks of creating a "Computer Data Entry" employee. Creating that position will involve working closely with the Civil Service Commission, the Department of Administration and Finance and the Division of Data Processing. The close interaction between departments is crucial because the relationship between DSS and the Department of Public Works ("DPW") is an area of concern. Page 4 of the Audit Report has a recommendation that DSS "assume budgetary control and management of the waste disposal contracts from the Division of Buildings as of July 1, 1994 for the fiscal year 1994-95". Pursuant to Section 216-45 of the Code of the City of Buffalo, DSS and DPW are authorized to administer the recycling program. This will allow both departments to handle the contracts without any administrative entanglements. However, there must be adequate communication between the departments to insure that the transition of the contractual responsibilities goes smoothly. There is another interdepartmental transition between DPW and DSS proposed by the Audit Report. Page 4 of the Audit Report recommends "transferring the revenue accounts for "Host Fees" and "Sale of Scrap Material" from the Division of Buildings to Streets (sic) for the 1994-95 fiscal year." Council approval is required in order to transfer funds from one account to another pursuant to Section 42 of the Charter of the City of Buffalo. The above are the comments from the Department of Law regarding the Performance Audit Report of the Department of Street Sanitation. We have no comment on the rest of the Audit Report. If you have any specific questions, please direct them to this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Request by MTH Enterprises to Operate Pedal Boat Establishment Basin Marina Item No. 98, C.C.P., June 28, 1994 The following advisory is in response to a request from the Common Council for guidance concerning a request from MTH Enterprises to operate a pedal boat establishment at the Erie Basin Marina. Presently, the City has a Lease Agreement with the Aud Club, Inc. to operate the Erie Basin Marina. Under the terms of this agreement at Section 4 thereof, the Operator has the exclusive right to: "...conduct marina business activities of which may include, without limitation by reason of enumeration, slip rental, sale of permits for use of boat launching and recovery ramp, sales of fuel and utilities service to watercraft, cleaning of boats, showers and toilets, and sale of sundry items and provision of miscellaneous services to the boating public" [emphasis provided]. Accordingly, the establishment of a pedal boat operation at the marina by a third party vendor would not be permitted under the City's exclusive Lease Agreement with the Aud Club without the Aud Club's consent. It should be noted, that at Section 13 of the Agreement, the Operator has the right to assign or sublease all or any portion of the leased premises, with the prior written consent of the City. Thus, the Aud Club, with City approval, has full authority to sublease a portion of the premises for the carrying on of a pedal boat operation. Therefore, the request to establish a pedal boat operation should, in the first instance, be directed to the Aud Club. REFERRED TO THE SPECIAL COMMITTEE TO NEGOTIATE THE ERIE BASIN MARINA LEASE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 55 Program Income from Housing Rehabilitation Loans Resolution #191. C.C.P. 6/28/94 I believe that the above referenced request should be addressed to the Dept. of Community Development instead of Financial Control of Agencies. This office is responsible only for the collection and deposit of loan payments. We have no authority or discretion as to the assignment of these funds. The responsibility for assignment of these funds lies within the Dept. of Community Development and the Dept. of Inspections and Community Revitalization. RECEIVED AND FILED. No. 56 Johnson Park Improvements I have asked for and received the following bids for Johnson Playground Improvements on July 6, 1994: Alt. 1 Company Base Bid Deduct American Paving 74,400 2,854 L.C.P. Construction 76,700 1,900 Birch Grove Landscaping 78,929 2,200 Gleason's Nursery 79,831 4,500 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid, and, therefore, American Paving, 5880 Thompson Road, Clarence, New York, 14032, is the lowest responsible bidder in accordance with the plans and specifications, in the amount of $74,400. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-717-025. Mr. Bell moved: That the communication from the Department of Community Development, dated July 6, 1994, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Johnson Park Improvements, to American Paving, the lowest responsible bidder in the amount of $74,400, with said cost to be charged against the Bond Fund Account 200-717-025. PASSED. AYES- 12 NOES- 0. No. 57 Change Order #1 Architectural/Engineering Design Services - Contract #91707500 I herewith submit to Your Honorable Body the following change order to contract #91707500 with Trautman Associates for architectural-engineering design services related to historic renovation of the Allendale Theater. -Provide all additional A/E design services necessary to develop plans and specifications complying with the design development documents approved by the N.Y. State Office of Parks, Recreation and Historic Preservation (SHPO). ADD $ 40,000 A contract summary is as follows: -Phase I (information gathering, historical interior survey, schematic design and design development) $125,000 -Change Order #1 (construction documents, SHPO approval, bidding services and construction services) ADD $ 40,000 -Revised Contract Amount $165,000 Funds are available for this work in account #200-717-041 as per CCP #99 of June 14, 1994. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Trautman Associates as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 58 New Buffalo Industrial Park LDA-Rapid Service Engraving Co. Portion of Disposition Parcel 3 - 2.02+/- Acres The City of Buffalo Urban Renewal Agency duly designated Rapid Service Engraving Co. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 59 Certificate of Appointment Appointment effective July 1, 1994 in the Department of Street Sanitation to the position of Laborer II (Hrly) Temporary, at the: Maximum starting salary of $ 11.20 hr. Michael P. Edwards, 51 Alsace Ave, Buffalo, New York 14220 Mark J. Bonadonna, 135 Stratford, Buffalo, New York 14216 Robert P. Dronckowski, 47 Marine Dr., Buffalo, NY 14202 Mark A. Stetter, 984 Elmwood Ave., Buffalo, NY 14222 Michael W. Schmitt, 131 Parwood Dr., Cheektowaga, NY 14227 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 60 Certificate of Appointment Appointment effective July 1, 1994 in the Department of Street Sanitation the Position of Laborer II (Daily) Temporary, at the Maximum starting salary of $ 94.10 per day. Sandra A. Ortolano, 20 Fairchild Place, Buffalo, NY 14216 Charles G. Lockwood, 185 Potomac Avenue, Buffalo, NY 14213 John J. Miceli, 410 Massachusetts, Buffalo, NY 14213 Gregory R. Wagner, 47 VanRensselaer, Buffalo, NY 14210 Brian D. Wells, 110 Whitfield, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 61 Certification of 39 Days Park As A Two-Family Dwelling Item No. 198, C.C.P. 6/14/94 With regard to the above subject please be advised an investigation of the Legal Use of 39 Days Park has revealed that this property has been a legal two family dwelling since October 24, 1960, as per Permit #A 43687. (see attached copy) We trust this will satisfy your inquiry. Should you have any questions please feel free to contact this office. RECEIVED AND FILED. No. 62 Report of Emergency Bid for Demolition of 1007 Fillmore Avenue -Garage Only Due to the very serious and hazardous condition of the above-stated property, inspections were conducted by this department and it was determined that immediate demolition 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 June 21, 1994 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1007 Fillmore Avenue - Garage Only Maplewood Construction City of Buffalo $3,800.00 We, therefore, respectfully report to your Honorable Body that the cost of the project is to be charged to the Capital Projects Fund #200-241-002-00000. That the communication from the Department of Inspections and Community Revitalization, dated June 23, 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 $3,800.00, relating to 1007 Fillmore Avenue - Garage only, is hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-002-00000. PASSED. AYES- 12 NOES- 0. No. 63 Acceptance Of Land Donation By The City of Buffalo (Demolition of 363 Massachusetts) Item No. 185, C.C.P 6/14/94 With regard to the above subject please be advised after reviewing resolution #185 of the Common Council Proceedings dated June 14, 1994, I would like to inform your Honorable Body of the mechanics that would have to take place for the demolition and development of the parcel identified as 363 Massachusetts Ave. Prior to agreement to accept this parcel its title should be cleared of all liens and judgements. Once this parcel is owned by the City, we then, after being directed by the Department of Audit and Control, Division of Real Estate will proceed with pre-demolition asbestos removal and demolition. City owned demolitions are funded through the capital outlay on capital project accounts. We trust this will satisfy your inquiry. Should you have any questions please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 Report of Pre-Demolition Asbestos Removal for 432-438 Connecticut St. Please be advised that Pre-Demolition Asbestos bid offers were solicited by our department on June 21, 1994 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 432-438 Connecticut Street Higgins Group City of Buffalo $4,950.00 Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of the asbestos. 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. Mr. Bell moved: That the communication from the Department of Inspections and Community Revitalization, dated June 23, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of a Pre-Demolition Asbestos Removal to Higgins Group at a cost of $4,950.00, relating to 432-438 Connecticut Street, is hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-002-00000. PASSED. AYES- 12 NOES- 0. No. 65 Ellicott-Masten New Housing Project Amendment to Land Disposition Agreement MJ Peterson/Forbes Housing, Co. The City of Buffalo Urban Renewal Agency duly designated M.J. Peterson/Forbes Housing, Co., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed amendment to Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 66 Connecticut Street New Housing Project Amendment to Land Disposition Agreement Gal/van Developers, Inc. The City of Buffalo Urban Renewal Agency duly designated Gal/van Developers, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed amended Land Disposition Agreement 4. Proposed Amendment to Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 67 Emslie NDP New Housing Project Amendment to Land Disposition Agreement MJ Ogiony Builders, Inc. The City of Buffalo Urban Renewal Agency duly designated M.J. Ogiony Builders, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving amended Land Disposition Agreement 4. Proposed amendment to Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 68 Certificate of Appointment Appointment effective 7/1/94 in the Department of Inspections and Community Revitalization, Donna M. Kwiatkowski, 153 Stewart, Avenue, Buffalo, New York 14211, to the position of Stenographer Permanent, at the Maximum starting salary of $22,951. Mrs. LoTempio moved: That the appoint of Donna M. Kwiatkowski, 153 Stewart Avenue, Buffalo, NY 14211, to the position of Stenographer, at the starting salary of $22,951.00 be, and hereby is, approved. PASSED. AYES- 12 NOES- 0. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 69 Appointment Assistant Director of Labor Relations Pursuant to the powers vested in me under the provisions of Sections 71 and 295.19 of the Charter of the City of Buffalo, I have appointed Cynthia Miller, 60 Floss Avenue,. Buffalo, New York 14211, to the position of Assistant Director of Labor Relations effective July 1, 1994. Ms. Miller has approximately 15 years of experience in dealing with matters such as the administration of Equal Employment Opportunity, Affirmative Action, management training programs and personnel policies and procedures. Based on her experience, I certify that Ms. Miller is fully qualified for the position of Assistant Director of Labor Relations. Ms. Miller will be compensated at an annual salary of $37,209. RECEIVED AND FILED. No. 70 Certificate of Appointment Appointment effective June 27, 1994 in the Department of Administration and Finance, Division of Parking Enforcement, Marilyn LaPiana, 15 Commonwealth Avenue, Buffalo 14216, to the position of Junior Data Control Clerk, Provisional, at the Maximum starting salary of $21,858. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 71 Equal Employment Opportunity Coordinator Item #182, C.C.P. June 28, 1994 The Department of Administration and Finance believes that Equal Employment Opportunity and Affirmative Action matters should be the responsibility of the City's personnel office, which is currently housed in the Division of Labor Relations. The reorganization plan for Labor Relations, under which two new Assistant Director positions were added, involves assigning one of the Assistant Directors to these matters. One Assistant Director has already been hired, with the second to follow shortly. Compliance with the City's Affirmative Action plan is important, and should be monitored and reported on as required. Labor Relations is prepared to begin work on Affirmative Action plan compliance and reporting immediately. Reporting should also take place within City Hall; again, part of the plan for a reorganized Labor Relations department includes more internal communication on personnel issues. It is vital that all personnel related matters be coordinated through one office. The decentralized system used in the past has created confusion and allowed issues--and sometimes people--to fall through the cracks. We are working to make that central place the Division of Labor Relations, and have included in that work better coordination with Civil Service Commission staff as well. I would be happy to have Labor Relations Director Dan Farberman address the issue more specifically, should your Honorable Body find it necessary. I trust this answers your inquiry sufficiently. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 72 Establish a Trust & Agency Account for Midnight Basketball We are requesting of this honorable body approval to set up a Trust and Agency Account to enable the Buffalo Division for Youth to accept funds from (a) the New York State Division for Youth and (b) private Buffalo donations for the MIDNIGHT BASKETBALL LEAGUE being lead by the Buffalo Division for Youth. The project is privately funded completely, with in-kind support and leadership of the Buffalo Division for Youth. With your honorably body's support, we will be able to accept donations for supplies, equipment, and other expenses along with payroll expenses. Mr. Bell moved: That the request of the Department of Human Resources for authorization to establish a Trust & Agency account for the Midnight Basketball League be, and hereby is, approved. PASSED. AYES- BELL, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES- ARTHUR, COLLINS- 2. FROM THE COMMISSIONER OF GENERAL SERVICES No. 73 Appt. Director of Inventory & Stores This is to formalize the appointment of Ronald A. Carnevale. Mr. Carnevale was appointed to Director of Inventory & Stores on March 21, 1994, without the needed P. R. number. The P. R. number is 94-125. RECEIVED AND FILED. FROM THE BUFFALO SEWER AUTHORITY No. 74 Disposal of Toxic Soil Item No. 180, CCP, 6/14/94 Since pollutants from contaminated soils located on gasoline service station Property can enter the Buffalo Sewer Authority sewer system via city storm receivers, the Buffalo Sewer Authority is very concerned how the soils are handled and removed. Through the authority of the Buffalo Sewer Authority Sewer Regulations we have developed a comprehensive control program to handle these situations. For your information we have enclosed a copy of the present control program. If additional information is needed or questions need to be answered, you may contact me at 853-1820 ext. 211 for assistance. The Buffalo Sewer Authority would like to thank you for giving us this opportunity to comment on this item. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. FROM THE CITY CLERK No. 75 Notice Of Hearing Rename Houghton Park as "Stanley J. Stachowski Park" (No. 192, C.C.P., June 28, 1994) Pursuant to Chapter 286, I hereby inform you that a public hearing has been set before the Common Council at its regular Meeting on July 12, 1994, at 2:00 P.M. in the Council Chambers, to rename Houghton Park as the "Stanley J. Stachowski Park", and notice of said hearing was properly published in the Buffalo News. RECEIVED AND FILED. No. 76 Take From The Table - Item No. 192, C.C.P., June 28, 1992 Rename Houghton Park as the "Stanley J. Stachowski Park" Mr. Bell moved that the above Item No. 192, C.C.P., June 28, 1992 which is subject of hearing scheduled for this day before the Common Council is hereby taken from the table, and is now before the Common Council for its consideration. ADOPTED. No. 77 Hearing Rename Houghton Park as "Stanley J. Stachowski Park" (Item No. 192, C.C.P., June 28, 1994) Mr. Bell moved that a public hearing having been scheduled this day, (copy of publication notices attached), before the Common Council, the item is properly before the Council and the Hearing be opened. Seconded by Mr. Fahey. ADOPTED. Appearances - Mayor Masiello Mr. Bell moved that the hearing be closed. Carried. Mr. Czajka moved that this Common Council, after holding the required public hearing, hereby renames Houghton Park as the "Stanley J. Stachowski Park", and the City Clerk be and hereby is directed to notify the Erie County Division of Planning, Erie County Commissioner of Finance, Buffalo City Planning Board, Department of Assessment, Division of Planning, Division of Engineering, the City Police and Fire Departments and the Main Branch of the U.S.P.S. in Buffalo, by certified copy, as required by Section 286-5 of the Code of the City of Buffalo. Seconded by Mr. Bell. PASSED. AYES- 12 NOES- 0. No. 78 Reply From D.A. - Refuse Collection Performance Audit Per the request of the Committee on Finance, I spoke with Mr. Kevin Dillon, District Attorney, on today's date in regard to his response to the attached letter dated May 18, 1994 from Ms. Sandra McGowan, Legislative Assistant. Mr. Dillon stated basically that he would not file a report with the Common Council, because he feels nothing illegal has been done. He does not believe in slandering a person. He is more than willing to sit down with any Councilmember who comes to his office to the discuss the items referred to in the letter from Ms. McGowan. REFERRED TO THE COMMITTEE ON FINANCE. No. 79 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Dept. of Assessment Dept. of Audit & Control - Accounts Payable RECEIVED AND FILED. No. 80 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works- Christine Petschke, Richard Rott Fire- John D. Sixt, Street Sanitation- Michael Bavaro, Anthony Gallo, Thomas Laudico, Joseph Mancuso, Administration and Finance- Patricia Halligan City Clerk - Bryant McCoy RECEIVED AND FILED. No. 81 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 Municipal Housing Authority RECEIVED AND FILED. No. 82 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective June 24, 1994 in the Department of Common Council David Grek, 23 Dunlop, Buffalo 14215 to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25. Appointment effective July 1, 1994 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25. Summer DeBenedetti, 215 Military Rd., Buffalo, NY 14207 Ann Marie Drewniak, 125 Howell, Buffalo, New York 14207 Michael Sciortino, 351 Hampshire St., Buffalo, New York 14213 Appointment effective July 5, 1994 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25. Jeffrey Conrad, 128 Harding Road, Buffalo, New York 14220 Lynn Gannon, 299 Cumberland Ave., Buffalo, New York 14220 Susanne Heidinger, 186 Mackinaw St., Buffalo, New York 14204 Jessy Mendyk, 495 Berkshire Ave., Buffalo, New York 14215 Donald Pieczynski, 17 Krakow, Buffalo, New York 14206 Brian Scanlon, 201 Cumberland Ave., Buffalo, New York 14220 Anna Ventresca, 84 Lorraine Ave., Buffalo, New York 14220 Mary Fisher, 45 Olympic, Buffalo, New York 14215 Cynthia Reczek, 87 Burgard, Buffalo, New York York 14211 Ryan Rucinski, 30 Zelmer Street, Buffalo, NY 14211 Talisa Russell, 125D Jasper Parish Dr., Buffalo, NY 14207 Diane Lemanski, 126 Peabody Street, Buffalo, NY 14210 Sharon Meredith, 86 Troupe Street, Buffalo, New York 14210 Steven Panikowski, 112 Walter Street, Buffalo, NY 14210 Timothy Retzer, 98 Hennepin, Buffalo, New York 14206 Michael Sasiadek, 325 Davey Street, Buffalo, New York 14206 Lakita Humber, 101 Burgard Street, Buffalo, New York 14211 Marlond Loman, 21 Floss Street, Buffalo, New York 14215 Tony Bald, 1913 Clinton Street, Buffalo, New York 14206 Andrea Kwiatkowski, 153 Stewart Street, Buffalo, NY 14206 Marilyn Ramsdell, 62 Benzinger Street, Buffalo, NY York 14206 Gilbert Gillman, 1904 Niagara Street, Buffalo, New York 14213 Lynn Mistretta, 43 Kopernik Street, Buffalo, New York 14206 Lawson Garrison Jr., 69 Leslie Street, Buffalo, New York 14211 Christy Mathiebe, 148 Peabody, Buffalo, New York 14210 Rene Lopez, 61 Lilac St., Buffalo, New York 14220 Debbie Carrick, 45 Euclid Avenue, Buffalo, New York 14210 Michelle D. Maccagnano, 229 Summit, Buffalo, NY 14214 Moses Torres, 70 Prospect, Buffalo, NY 14201 Thad Borowiak, 159 Beard Ave., Buffalo, NY 14214 Collin Gehl, 21 Thatcher, Buffalo, NY 14215 Lana Pascall, 278 North Park Ave., Buffalo , NY 14216 Colleen Donovan, 57 Susan Lane, Buffalo, NY 14210 Ron Comer, 12 Colonial Circle, Buffalo, NY 14213 Chrissy Johnson, 136 Parkridge, Buffalo, NY 14215 Chris Fahey, 46 Juniata Place, Buffalo, NY 14210 Martin Sweeny, 25 Evadene Pl., Buffalo, NY 14214 DeAnn Krzemien, 159 Cantwell Drive, Buffalo, NY 14220 Diana D.Wood, 12 Phyllis Ave., Buffalo, NY 14215 DeMario T. Chatman, 523 Highgate Ave., Buffalo, 14215 Nicole Kimble, 218 Hutchinson, Buffalo, 14215 Keyshaun Daley, 125 Westminister, Buffalo, 14215 Joshua Reiler, 538 Berkshire, Buffalo, 14215 Brandon Mendyk, 495 Berkshire Ave., Buffalo, 14215 Luke Dahn, 44 Poultney, Buffalo, 14215 Tabitha Stroud, 139 Arden St., Buffalo, 14215 Jill Tuchiarelli, 70 Carmel Rd., Buffalo, 14214 Marion Wagstaff, 3296 Main St., Buffalo, 14214 Jessica Meyer, 23 Elam Pl. Buffalo, NY 14214 Ellen Morrison, 110 Crescent, Buffalo, NY Philip Nasca, 99 Middlesex Rd., Buffalo NY 14216 Aimee Neri, 233 Villa Ave., Buffalo NY 14216 Sarah Palmer, 144 Woodbridge, Buffalo, NY 14214 Mary Elizabeth Remollino, 112 Fairview, Buffalo, NY 14214 Julie Rich, 27 Norwalk Ave., Buffalo, 14216 Nicole Jowsey, 20 Fleming, Buffalo, NY 14206 Mary Anderson, 114 Goodyear, Buffalo, NY 14211 Matthias Kolodziejczyk, 44 Wilson, Buffalo, NY 14206 Charles Davis, 979 Northland, Buffalo, NY 14215 Maia Mathews, 92 Loepere, Buffalo, NY 14212 Craig Tomczak, 627 Howard, Buffalo, NY 14206 Jacqueline Jones, 515 Clinton , Buffalo, New York 14204 Lucilma Rivera, 34 17th Street, Buffalo, New York 14213 Johnny Lewis, 171 Clarence, Buffalo, New York 14215 Raena Harwell, 133 French, Buffalo, New York 14211 Madeline Rivera, 34 17th Street, Buffalo, New York 14213 Tracy E. Singletary, 28 Castle Place, Buffalo, New York 14214 Leequisha Jacobs, 236 Clinton Street, Buffalo, New York 14204 Emily Ball, 21 Elam Place, Buffalo, New York 14214 Aisha Barnes, 85 Jewett Pky., Buffalo ,NY 14214 Lynda Barnes, 17 Standish, Buffalo, NY 14216 Sonya Bryan, 22 East Depew, Buffalo, NY Shila Bulluck, 38 Orchard Place, Buffalo, NY 14214 Danielle Calderon, 257 Villa Avenue, Buffalo, NY 14216 Jennifer Calderon, 257 Villa Avenue, Buffalo ,NY Shinay Morrison, 104 Ash, Buffalo, New York 14204 Nicole Skorka, 48 North Parker, Buffalo, New York 14216 Devanya Reynolds, 150 Zenner, Buffalo, New York 14211 Akia-Oni Day, 91 Wright Avenue, Buffalo, New York 14215 James Turner, 215 Bissell, Buffalo, New York 14211 Dzar Daniles, 207 Lemon Street, Buffalo, New York 14204 Richashawndra Foster, 15 Hayward, Buffalo, New York 14204 Angela Corkins, 30 Hawley St., Buffalo, N.Y. 14213 Melissa Dodd, 106 Bidwell Pkwy., Buffalo, N.Y. 14222 James Dovey, 75 Roesch, Buffalo, NY 14207 Joshua McMahon 81 Briggs Buffalo, NY 14207 James Paul, 44 Pavonia, Buffalo, N.Y, 14207, Zygmunt Piadlo, 89 Howell, Buffalo, N.Y. 14207 Rafael Ramos, 42 Philadelphia, Buffalo, N.Y. 14207 Kevin Mann, 111 McKinley, Buffalo 14220 Brian Miller, 42 Dundee, Buffalo 14220 Dennis O'Connor, 148 Longnecker, Buffalo 14206 Paul Podsialdo, 282 Cumberland, Buffalo 14220 Joe Ray, 571 McKinley, Buffalo 14220 Suzanne Scarcello, 48 Edgewood, Buffalo 14220 Kevin Norsen, 32 Tamarack, Buffalo 14220 Rick Bartolatta, 52 Kimberley, Buffalo 14220 John Connolly, 162 Choate, Bflo., 14220 William Doll, 1055 Tifft St., Buffalo, 14220 Patrick Gibbons, 53 Macamley, Buffalo, 14220 Lindsay Hawthorne, 1025 Tifft, Bflo., 14220 Craig Horner, 76 Whitfield, Buffalo 14220 Mary Huffnagle, 80 Alturia, Buffalo 14220 Marie Smith, 311 Woodside, Buffalo 14220 Jennifer Spino, 19 Payne, Buffalo 14220 Katie Wirth, 277 McKinley, Buffalo 14220 Luke Jordan, 18 Sprenger, Buffalo 14220 Jason Breen, 216 Melrose, Buffalo, 14226 Robyn Nicole Richardson, 688 Crescent, Buffalo 14210 Dorian Rufus, 46 Vernon Pl., Bflo, NY 14214 Tina Lapinno, 15 Commonwealth. Buffalo, NY 14216 Brian Smith, 388 Crescent Ave., Buffalo, NY 14214 Karen Smith, 388 Crescent Ave., Buffalo, NY 14214 Gia Telesco, 379 Crescent Ave., Buffalo, NY 14214 Tamara L. Jones, 37 Hastings, Buffalo, 14215 Joseph J. Pirrami, 106 University, Buffalo, 14214 Kevin J. Della Penta Jr., 208 Lisbon, Buffalo, 14215 Jeremy Thomas, 214 Eggert Rd., Buffalo, 14215 Damian Ashley, 404 Olympic, Buffalo, 14215 Robert A. Quintana, 213 Summer St., Buffalo, 14222 David Rogers, 1037 Tonawanda St., Buffalo, 14207 Aisha Rashada, 79 Bissel, Buffalo 14211 Nicole Savage, 207 W. Ferry St., Buffalo, New York 14213 LouAnn Loubert, 906 Prospect Ave., Buffalo, New York 14213 Jennifer Bauth, 363 Normal Ave., Buffalo, New York 14213 Alexander Irizarry, 971 West Ave., Buffalo, New York 14213 Angela Conrad, 5 New Amsterdam, Buffalo, NY 14216 Megan Crowley, 23 W. Depew, Buffalo, NY 14214 Danelle Danforth, 91 Saranac, Buffalo, NY 14216 Lawrence Daniels, 76 Vernon Pl., Buffalo, NY 14214 Jenora Fuller, 68 Parker Ave., Buffalo, NY 14214 Jannell Golba, 87 Taunton Pl., Buffalo, NY 14216 Dawn Gugino, 60 Sterling Ave., Buffalo, NY 14216 Lisa Kelly, 58 Unger, Buffalo , New York 14210 Appointment effective July 6, 1994 in the Department of Common Council, Seasonal, at the Flat starting salary of $4.25. Cheryl Harris, 1407 Michigan Ave., Buffalo, 14209 Mario Lee, 56 Schauf Street, Buffalo, 14211 Monique McCloud, 98 Victoria Avenue, Buffalo, 14214 Dwayne D. Ferguson, 135 Butler Avenue, Buffalo, 14208 Temothye Carter, 203 Florida Street, Buffalo, 14208 Stephan B. Merritt, 244 Riley Street, Buffalo, 14209 Marlow Winston, 75 Nevada, Buffalo, 14211 Terence Brooks, 54 Urban Street, Buffalo, 14211 Monique Camm, 244 Grant Street #3, Buffalo, 14213 Mario Hodges, 34 Suffolk, Bflo., 14215 Jon'Nita C. Billups, 450 Cambridge Ave., Buffalo, 14215 Lashari C. Davis, 16 Montana Ave., Buffalo, 14211 Jamie K. Dortch, 988 Humbolt Parkway, Buffalo, 14211 Marcus Holmes, 164 Durham, Buffalo, 14215 Rodney Williams, 31 Spiess St., Buffalo, 14211 Shekuira Feaster, 118 N. Parade Ave., Bflo. 14211 Gino Morrow, 303 Richmond, Buffalo, 14212 Shaconda Vinson, 84 Dupont St., Buffalo, 14208 Lashawn Banks, 138 Glenwood Ave., Buffalo, 14209 Kareesha Stokes, 61 Dupont St., Buffalo, 14208 Ricky Diaz, 63 Hillery St., Buffalo, 14215 Appointment effective June 27, 1994, in the department of Common Council, Shari A. Caito, 700 Richmond, Buffalo, 14222 to the position of Intern III, Seasonal, at the Flat starting salary of $5.00. Appointment effective July 1,1994 in the Department of Common Council, to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00. Maria Michaux, 222 Taunton , Buffalo, 14216 Salvatore Cicatello, 90 Eckhert, Buffalo, NY 14207 Colleen Kifner, 49 Peter, Buffalo, NY 14207 Appointment effective July 5, 1994 in the Department of Common Council to the position of Intern III, Seasonal, at the Flat starting salary of $5.00. Maureen F. Barren, 22 Kentucky Street, Buffalo, NY 14204 Craig J. Whalen, 101 Geary St., Buffalo, NY 14210 Eddie Mae Harris, 34 Mulberry, Buffalo, NY 14204 Jason Mahn, 402 Shirley Ave., Buffalo 14215 Millicent Thomas, 712 Northumberland, Buffalo 14215 Christopher M. Peterson, 470 Parker Ave., Buffalo, 14216 David C.J. Trezevant, 142 Loepere, Buffalo 14212 Frank Licata Jr., 173 Claremont, Buffalo, NY 14222 Nicole Williams, 237 Lafayette Ave., Buffalo, NY 14213 Marianna Paradisi, 250 Plymouth Ave., Buffalo, NY 14213 Rosalia Ragusa, 115 Saranac, Buffalo, NY 14216 Carla Ragusa, 115 Saranac, Buffalo, NY 14216 Appointment effective July 7, 1994 in the Department of Common Council Kristi N. Parker 224 Shirley, Buffalo, New York 14215, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00. Appointment effective July 6,1994 in the Department of Common Council Salvatore Ragus, 11 Saranac, Buffalo, NY 14216 to the position of Intern III, Seasonal, at the Flat starting salary of $5.00. Appointment effective July 6,1994 in the Department of Common Council to the position of Intern III, Seasonal at the Flat starting salary of $4.25. Ebony Tolbert, 29 Holland PI., Buffalo, NY 14209 Tasha Pratcher, 140 Chatham, Buffalo, NY 14216 Andrew Chilvas, 183 West Tupper, Buffalo, NY 14201 Jason C. Chapman, 167 Goulding Ave., Buffalo, NY 14208 James Pugh, 37 Easton Ave., Buffalo, NY 14215 Everet Abernathy, 595 Spring St., Buffalo, NY 14204 DeMario Robinson, 466 So. Division St., Buffalo, NY 14204 Candace Reynolds, 8 Cambridge Court, Buffalo, NY 14204 Bernice Bell, 397 7th St., Buffalo, NY 14201 Josephine Marino, 30 Kamper St., Buffalo, NY 14210 Tawyaina Bivens, 91 Wright Ave., Buffalo, NY 14211 Marvin L. Richardson, 125 Hamlin Road, Buffalo, NY 14208 Appointment effective July 5, 1994 in the Department of Common Council to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 Shalika Humphrey, 237 Loring Ave., Buffalo, NY 14214 Anitra Hood, 152 Deerfield, Buffalo, NY 14215 Tanora Russell, 327 Sanders Road, Buffalo, NY 14216 Richard Thompson, 70 Admiral Road, Buffalo, NY 14216 Atasha Johnson, 254 Loring Ave., Buffalo, NY 14214 Shenique Willis, 390 W. Ferry, Buffalo, NY 14213 Rachel L. Fix, 109 Winston, Buffalo, NY 14216 Sarah Fix, 109 Winston, Buffalo, NY 14216 Arian Anderson, 220 Summer, Buffalo, NY 14222 Donald White, 131 Butler, Buffalo, NY 14208 Rashida Walls, 28 Midway, Buffalo, NY 14215 Jason Jones, 443 Hewitt, Buffalo, NY 14215 John Samuel, 352 Hewitt, Buffalo, NY 14215 Jetaun Jones, 111 Olympic Ave., Buffalo, NY 14215 Chuki Ayers, 324 Jewett, Buffalo, NY 14214 Shomari James, 151 Newburgh, Buffalo, NY 14211 Charmaine Ford, 300 Masten Ave., Buffalo, NY 14209 Minika Hall, 200 Niagara St., Buffalo, NY 14201 Abdul Halim, 92 Ericson Ave., Buffalo, NY 14215 Denisha Green, 70 Kirkpatrick, Buffalo, NY 14215 Adia Evans, 54 Bennett Village, Buffalo, NY 14214 Ebony Lumpkin, 35 Marshall St., Buffalo, NY 14211 Dorian Forbes, 560 Riley, Buffalo, NY 14208 Ruth Shaw, 2830 Main, Buffalo, NY 14211 Jay Ward, P.O. Box 644, Buffalo, NY 14207 Linda Roberts, 196 Dewitt, Buffalo, NY 14213 Tremaine Sims, 63 Erskine Ave., Buffalo, NY 14215 Crystal Parker, 63 Erskine Ave., Buffalo, NY 14215 Rasheda Holmes, 267 Highgate, Buffalo, NY 14215 Nicole Jarrett, 109 Hill, Buffalo, NY 14214 Danette Roberts, 134 E. Delavan, Buffalo, NY 14208 Appointment effective June 23, 1994 in the Department of Common Council, to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00. Stacey King, 48 Fernhill, Buffalo, NY 14215 Jason Miles, 103 Woodward Ave., Buffalo, NY 14214 Appointment effective June 24, 1994 in the Department of Common Council, to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00. Wendy B. Clubine, 100 Parkside Court, Buffalo, 14214 Lori Ann Rich, 27 Norwalk, Buffalo, 14216 Hadley Pawlak, 634 Amherst St., Buffalo, NY 14207 Appointment effective June 27,1994 in the Department of City Clerk, Henrietta J. McCarville, 186 Winspear, Buffalo, NY 14215 to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00. Appointment effective July 1,1994 in the Department of Common Council, Montique Williams, 31 Spiess St., Buffalo, 14211 to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 Appointment effective July 7, 1994 in the Department of Common Council, Gary Nelson, 341 East Street, Buffalo, New York 14208 to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00. Appointment effective July 5, 1994 in the Department of Common Council, Kerry Ann Gould, 15 Red Jacket Pkwy., Buffalo, New York 14220, to the position of Intern V, Seasonal, at the Flat starting salary of $8.00. Appointment effective July 5,1994 in the Department of Common Council, to the position of Intern V, Seasonal, at the Flat starting salary of $ 8.00. Dan Pordum Jr., 78 Greeley St., Buffalo, New York 14207 Joe Golombek, 51 Wyandotte, Buffalo, New York 14207 Bud Bailey, 182 Sterling Ave., Buffalo, New York 14216 Appointment effective July 1,1994 in the Department of Common Council, to the position of Intern VI, Seasonal, at the Flat starting salary of $10.00. Susan M. Malesky, 273 East St., Buffalo, NY 14207 Linda Andersen, 2047 Niagara St., Buffalo, 14207 No. 83 Appointments Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment effective July 5,1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs to the position of Intern II, Seasonal, at the Flat starting salary of $4.25/hour Zekina B. Johnson, 904 Northland Ave., Buffalo, NY 14215 Shana C. Johnson, 51 Northampton St., Buffalo, NY 14209 Appointment effective July 6, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs to the position of Intern II, Seasonal, at the Flat starting salary of $4.25/hour. Kione Wiley, 146 Shirley Ave., Buffalo, NY 14215 Rachel E Williams, 121 Burke Dr., Buffalo, NY 14215 Mary K. Zebracki, 1092 Abbott Rd., Buffalo, NY 14220 Michael E. Simonick, Jr., 250 Katherine St., Buffalo, NY 14210 Michele A. Sixt, 347 McKinley Pkwy., Buffalo, NY 14220 Jonathan D. Soffin, 35 Hecla St., Buffalo, NY 14216 Ryan M. Sullivan, 425 Eden St., Buffalo, NY 14220 Charles E. Tinney, 22 Willowlawn, Buffalo, NY 14214 Jermaine E. Turner, 215 Bissell Ave., Buffalo, NY 14211 Graham B. Violino, 25 Irving Pl., Buffalo, NY 14201 Jaclynn M. Pajak, 79 Frank Ave., Buffalo, NY 14210 Jason J. Piatkowski, 23 Thomas St., Buffalo, NY 14206 Omar Pineiro, 32 Garner Ave., Buffalo, NY 14213 Melissa Rebholz, 496 McKinley Pkwy., Buffalo, NY 14220 Philip S. Richardson, 310 Chelsea Pl., Buffalo, NY 14215 Vita Rocco, 86 Norwood Ave., Buffalo, NY 14222 Jennifer L. SanFilippo, 703 Parkside Ave., Buffalo, NY 14216 Dean M. LoVallo, 12 Wellington Rd., Buffalo, NY 14216 Dawn Marie Marshall, 191 French, Buffalo, NY 14211 James McLeod, 151 Millicent Buffalo, NY 14215 Irverne R. Miller, 2830 Main Street, Buffalo, NY 14214 Natika L. Moss, 1626 Fillmore Ave., Buffalo, NY 14211 Naomi Napierski, 18 Rutland Ave., Buffalo, NY 14220 Mollie D. O'Rourke, 127 Summit Ave., Buffalo, NY 14214 Martin A. Jimerson, 10 17th St., Buffalo, NY 14213 Meg M. Keane, 151 Whitfield Ave., Buffalo, NY 14220 Terence P. Keane, 97 Turner Ave., Buffalo, NY 14220 Michelle L. Kurzanski, 642 Fulton, Buffalo, NY 14210 Gretchen S. Lee, 54 Admiral Road, Buffalo, NY 14216 Franklin A. Lopez, Jr., 311 Starin, Buffalo, NY 14216 Leah V. Lovallo, 12 Wellington Rd., Buffalo, NY 14216 Monica R. Gambee, 21 North Drive, Buffalo, NY 14216 Justin J. Gawron, 45 Thomas St., Buffalo, NY 14206 Robin Gawron, 55 Houghton St., Buffalo, NY 14212 Rafael O. Gomez, 461 Crescent Ave., Buffalo, NY 14214 Elizabeth A. Higgins, 145 McKinley Pkwy., Buffalo, NY 14220 Leonard T. Hubbard, 1296 Michigan, Buffalo, NY 14209 Lillian A. Imes, 599 Northumberland, Buffalo, NY 14215 David J. Diina, 245 North Dr., Buffalo, NY 14216 Leah M. Doherty, 62 Collidge Rd., Buffalo, NY 14220 James S. Echeverria, 133 Cushing Place, Buffalo, NY 14220 Emmeline E. Enyinnaya, 11 Block Street, Buffalo, NY 14211 Isaiah M. Faines, 67 Colfax Avenue, Buffalo, NY 14215 David C. Fieramusca, 347 Parkside Ave., Buffalo, NY 14214 Melissa G. Gambee, 21 North Drive, Buffalo, NY 14216 Delia T. Cannan, 825 Tacoma Ave. Buffalo, NY 14216 Franklin S.M. Carter, 25 Shirley Ave., Buffalo, NY 14215 Andrew M. Chamberlin, 125 Eckhert, Buffalo, NY 14207 Leslie R. Christopher, 54 Ardmore Pl., Buffalo, NY 14213 Sarah E. Clubine, 100 Parkside Ct., Buffalo, NY 14214 Charles E. Colston, 128 Brunswick, Buffalo, NY 14208 Chandra R. Davis, 10 Oxford Ct., Buffalo, NY 14204 Jennifer L. Bell, 54 Godfrey St., Buffalo, NY 14213 Jason T. Bellamy, 43 Academy Road, Buffalo, NY 14211 William P. Bohen, 141 McKinley Pkwy., Buffalo, NY 14220 DaVenia L. Booze, 162 Crescent, Buffalo, NY 14214 Lewis A. Brewer, 1302 Michigan, Buffalo, NY 14209 Ricco L. Brinson, 365 Dartmouth, Buffalo, NY 14215 Kim M. Cancilla, 179 Norwalk Ave., Buffalo, NY 14216 Anthony T. Agostino, 335 Commonwealth, Buffalo, NY 14216 Michael A. Agostino, 335 Commonwealth, Buffalo, NY 14216 Jack J. Alagna, 23 Lovering Ave., Buffalo, NY 14216 Paul P. Alagna, 23 Lovering Ave., Buffalo, NY 14216 Kelly E. Allen, 49 Collingwood Ave., Buffalo, NY 14215 Todd H. Allen, 342 Phyllis Ave., Buffalo, NY 14208 Stephen T. Banko, IV, 135 Harding Ave., Buffalo, NY 14220 Kelly Aman, 314 Wellington Road, Buffalo, NY 14216 Janine Banks, 462 Woodward, Buffalo, NY 14214 Reanna Shaw, 173 North Park Ave., Buffalo, NY 14216 David N. Acosta, 188 Gorton St., Buffalo, NY 14207 Kristin M. Amodeo, 42 Tioga St., Buffalo, NY 14216 Armonde Badger, 188 Chester Buffalo, NY 14208 Paul C. Becerril, 70 Dewitt, Buffalo, NY 14213 Amy M. Carlson, 36 Lafayette, Buffalo, NY 14213 Jared A. Gaik, 306 Hartwell Rd., Buffalo, NY 14216 Hope Isom, 51 Northampton St., Buffalo, NY 14209 Damone L. Brown, 21 Durham, Buffalo, NY 14215 Teresa B. Falsone, 209 Parkdale, Buffalo, NY 14213 Matt J. Maglietto, 80 Traymore Avenue, Buffalo, NY 14216 Diana Monzon, 1586 Amherst St. #1, Buffalo, NY 14214 Michael K. Moynihan, 127 Admiral Rd., Buffalo, NY 14216 Christopher A. Nasca, 12 Woodley Rd., Buffalo, NY 14215 Darryl D. Ohei, 43 Norman Street, Buffalo, NY 14210 Steven T. Pieri, 60 Berkley Pl., Buffalo, NY 14209 Jennifer Sabadasz, 179 Fenton St., Buffalo, NY 14206 Dwon D. Smith, 442 Wohlers, Buffalo, NY 14208 Michael J. Vitrano, 25 Standish Rd., Buffalo, NY 14216 Antwan Lockett, 553 Suffolk Ave., Buffalo, NY 14215 Gretchen Keller, 106 Pacific St., Buffalo, NY 14207 Orlando Ferri, 75 Shoreham, Buffalo, NY 14216 Frank Smith, 87 Beatrice, Buffalo, NY 14207 John Moorhouse, 147 Howell, Buffalo , NY 14207 Christopher Pannozzo, 20 North Dr., Buffalo, NY 14216 Eric Williams, 33 Montrose, Buffalo, NY 14214 Terry Hill, 425 Porter Apt. 107, Buffalo, NY 14201 Kelly M. Coyle, 60 Riverview PI., Buffalo, NY 14210 David Williams, 287 Woltz, Buffalo 14211 Shaun Piskorz, 58 Jones, Buffalo 14206 Demetria Turner, 392 Wilson, Buffalo 14212 Gary Lobley, 16 Lyth, Buffalo, NY 14208 Juan Espinal, 4 St. Johns, Buffalo, NY 14201 Jason Krause, 12 Coolidge Rd., Buffalo, NY 14220 Richard Bernecki, 138 Crestwood, Buffalo, NY 14216 Christopher Cataldi, 249 Pennsylvania St., Buffalo, NY 14201 William Irene, 106 Fargo Ave., Buffalo, NY 14201 Alex Rivera, 230 Pennsylvania St., Buffalo, NY 14201 Graham Violino, 25 Irving Pl., Buffalo, NY 14201 Jeffrey Martin, 11 Greenwood Pl., Buffalo, NY 14213 Michele Pannozzo, 20 North Dr., Buffalo, NY 14216 Dustin Domhart, 18 Gold Street, Buffalo, NY 14206 Andrea Schneider, 44 Chauncey St., Buffalo, NY 14206 Alan Dziedzic, 16 Glenn St., Buffalo, NY 14206 James Hitchens Jr., 1845 Clinton St., Buffalo, NY 14206 Melanie Strozewski, 329 Cable St., Buffalo, NY 14206 Anthony T. Caferro, 150 Woodside, Buffalo, NY 14220 Christine M. Short, 118 Weaver, Buffalo, NY 14206 Jennifer Rifle, 499 Fargo, Buffalo, NY 14213 Omar Small, 161 Hewitt, Buffalo, 14215 Kevin McCarthy, 83 Ramona, Buffalo 14220 Anntwanette Ridgeway, 213 Hemstead Ave., Bflo, NY 14215 La,Keemon Dixon, 250 Lasalle Ave., Bflo. NY 14215 Michelle Epps, 487 Highgate, Bflo NY 14215 Myron D. Chapman, 47 Courtland, Buffalo, 14215 Deidre Wimbley, 141 Wyoming Ave., Buffalo, 14215 Jessica Miner, 72 Schauf Ave., Buffalo, 14211 Lottie Purdue, 373 Bissell, Buffalo, 14211 L'Toya Rowsey, 80 Riley, Buffalo, 14209 Timothy Hart, 91 Portland, Buffalo, 14220 Patrick Judge, 49 Tuscarora, Buffalo, 14220 Charles McNerney, 16 Geary, Buffalo, 14210 Tracy Smardz, 56 Eden, Buffalo 14220 Satina Turner, 631 Norfolk Ave., Buffalo, NY 14215 Willie James, 15 Holland Place, Buffalo, NY 14209 Tomicka Green, 994 Lafayette, Buffalo, NY 14209 Nicole Hodges, 656 Northampton, Buffalo, NY 14211 Jonathan James, 719 Virginia, Buffalo, NY 14203 Danielle Peoples, 237 South Division, Buffalo, NY 14204 Jamar Hennings, 66 Whitney Pl., Buffalo, NY 14201 Jasina C. Chapman, 167 Goulding Ave., Buffalo, NY 14208 Appointment effective June 27, 1994 in the Department of Mayor's Office, of Youth Opportunity and Employment Division Program Jason M. Bailey, 74 Putnam Street, Buffalo, New York 14213 to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 hr. Appointment effective June 28, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs Katrina L. Walker, 9 Wilkes, Buffalo, New York 14215, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 hr Appointment effective July 5, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs Janet M. Siekmann, 155 Densmore Street, Buffalo, New York 14220, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00/hour Appointment effective July 6, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs Jennifer B. Barrett, 30 Ridgewood, Buffalo, NY 14220, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00/hour Appointment effective July 6, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00/hour. Jerry L. Burison,Sr., 1 Milford Street, Buffalo, NY 14220 Raymond J. Karney, 29 Hagen Street, Buffalo, NY 14211 No. 84 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 June 27, 1994 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Vincent McDuffie, 372 Seventh Street, Buffalo, 14201, to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. Appointment effective June 30, 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. Maurice Bell, 36 Dodge Street, Buffalo, 14209 Brian McCarthy, 19 McCamley Street, Buffalo, 14220 DEPARTMENT OF ASSESSMENT Appointment effective June 27, 1994 in the Department of Assessment Shirley D. Jackson, 298 Riley Street, Buffalo, New York 14208, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hourly. Appointment effective July 5, 1994 in the Department of Assessment to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hourly Joseph M. Abramo, 20 No. Park Ave., Buffalo NY 14216 Ramona Draffin, 87 Freund, Buffalo NY 14215 Leroy Moses, 359 Suffolk - Apt. 11, Buffalo NY 14215 Appointment effective July 6, 1994 in the Department of Assessment Anne N. Bauth, 363 Normal Avenue, Buffalo, New York 14213, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/hour DEPARTMENT OF PUBLIC WORKS Appointment effective 7/1/94 in the Department of Public Works, Division of Engineering, to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. Donald Dudek, 42 Park Street, Buffalo, NY 14201 William E. McKnight, 1736 Hertel Avenue, Buffalo, NY 14216 Anthony Szary, 1290 E. Lovejoy St., Buffalo, NY 14206 Appointment effective 7/6/94 in the Department of Public Works Division of Engineering, to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. Anthony Szary, 1290 E. Lovejoy St., Buffalo, NY 14206 Joseph Masi, 907 Niagara St., Buffalo, NY 14213 William E. McKnight, 1736 Hertel Ave., Buffalo, NY 14216 DEPARTMENT OF PARKS Appointment effective July 6,1994 in the Department of Parks Division of Recreation, to the position of Fee Collector, Seasonal, at the Flat starting salary of $4.94 hr. Susanne M. Cannon, 178 Fenton, Buffalo 14206 Mark Parsons, 22 Clio Avenue, Buffalo 14220 Noreen Sabadasz, 79 Fenton, Buffalo 14206 Appointment effective June 27.1994 in the Department of Parks, Division of Recreation, to the position of Lifeguard, Seasonal, at the Flat starting salary of $ 5.20 hr. Jean Kersten, 38 Athol, Buffalo 14220 Colleen Mary Lalley, 21 Edgewood, Buffalo 14220 Melissa Smith, 239 Wallace, Buffalo 14216 Christopher Sterlace, 60 Folger, Buffalo 14220 James Wojcik Jr., 152 East Street, Buffalo 14207 William Winnie, 158 Peter, Buffalo 14207 Appointment effective July 1,1994 in the Department of Parks, Division of Recreation, to the position of Lifeguard, Seasonal, at the Flat starting salary of $ 5.20 hr. Amber Berry, 136 Mercer Ave., Buffalo 14214 Patrick Bowers, 137 Crystal Avenue, Buffalo 14220 Igor Chelornikto 40 LaForce, Buffalo 142009 Antonio Cruz, 256 Babcock, Buffalo 14210 Jeffrey Dziedzic, 16 Glenn, Buffalo 14206 Juan Feliciano, 418 Fargo, Buffalo 14213 Ellen Frost, 59 McKinley Parkway, Buffalo 14220 Dorrell Benton, 1099 Michigan Ave., Buffalo 14209 Jonathan Holmer, 231 Longnecker, Buffalo 14206 Thomas Nolan, 219 Anderson, Buffalo 14222 Rasheet Joseph Roper, 76 Oneida Street, Buffalo 14206 Norvyn Souter, 25 Bridgeman, Buffalo 14207 Danielle Stelle, 24 Eden, Buffalo 14220 Jua Tutein, 148 Eaton, Buffalo 14208 Alex Galitsky, 68 Fairfield, Buffalo 14214 Lalena Garcia, 442 Woodward, Buffalo 14214 Carrie Giambra, 309 Woodbridge, Buffalo New York 14214 William Hart, 91 Portland, Buffalo 14220 Brian Harvey, 20 Bernie, Buffalo 14203 Michelle Hund, 16 Oakdale Place, Buffalo 14210 Michael Karlinski, 349 Walden, Buffalo 14211 Jill Neurohr, 765 Prospect, Buffalo 14213 Kelly O'Connell, 340 Cumberland, Buffalo 14220 O'Connor Shannon, 81 Bloomfield, Buffalo 14220 Carie Padula, 315 Minnesota, Buffalo 14215 Sara Pauly, 152 Como, Buffalo 14220 Reed Clayton, 130 Edgewood, Buffalo 14220 Carlos Roa, 138 Grote, Buffalo 14207 Jeremy Fudella, 77 Beatrice, Buffalo 14207 Stacey Garrison, 35 Perkins, Buffalo 14213 Lance Goodman, 225 South Division, Buffalo 14204 Matthew Gonser, 11 Woodward, Buffalo 14214 Damani Johnson, 58 Blaine Street, Buffalo 14208 Michelle Mahoney, 53 Densmore, Buffalo 14220 Kevin Murphy, 21 Turner, Buffalo 14220 Kathleen Kinney, 776 William, Buffalo 14206 Regan Marsh, 45 Nottingham, Buffalo 14216 James Maynard, 118 Plymouth Avenue, Buffalo 14201 Bang Nguyen, 101 Rounds Avenue, Buffalo 14215 Erika Ryan, 757 West Avenue, Buffalo 14213 Dennis Schollard, 41 Kimberly, Buffalo 14220 Nicole Schollard, 36 Alsace, Buffalo 14220 Allyson Tinney, 22 Willowlawn, Buffalo 14214 Alicia Ventresca, 84 Lorraine, Buffalo 14220 Michael Metz, 179 Fenton, Buffalo 14206 Danielle Ufland, 206 Amber, Buffalo 14220 Thomas Wasiak, 18 Hobart, Buffalo 14206 David White, 147 William, Buffalo 14206 Rebecca Wilson, 281 Abbott, Buffalo 14220 Appointment effective July 5, 1994 in the Department of Parks, Division of Recreation, to the position of Lifeguard Seasonal, at the Flat starting salary of $ 5.20 hr. Boswell Darnell, 277 Schuele, Buffalo 14215 Dent Robert, 168 Hamlin Road, Buffalo 14208 Eddy Sean, 128 Royal Avenue, Buffalo 14207 Ernest Kristy, 91 Milburn, Buffalo 14212 Ernest Felder, 126 Texas, Buffalo 14215 Figueroa Edwin, 737 Prospect, Buffalo 14213 Flaherty Shawn, 423 Forest, Buffalo 14213 Fort Kim, 325 Gold, Buffalo 14206 Kelly Gallivan, 196 Villa, Buffalo 14216 Edwin Jurado, 280 Hudson, Buffalo 14201 Melissa McDowell, 97 Pooley Place, Buffalo 14213 Mandura Alexander, 274 Hartwell, Buffalo 14216 McMahon Joseph, 81 Briggs, Buffalo 14207 Mastalinski Jean, 689 Abbott Road, Buffalo 14220 Mule', Melissa, 47 Marine Dr., Buffalo 14202 Pauly Michael, 152 Como, Buffalo 14220 Pelczynski Deborah, 12 Hertel Avenue, Buffalo 14207 Quider Laura, 146 Dearborn, Buffalo 14207 Ray Brian, 229 Monroe, Buffalo 14206 Reslow Paulette, 128 Greeley, Buffalo 14207 Santiago Tanya, 40 Lowell, Buffalo 14213 Suarez Ramon, 568 West Utica, Buffalo 14213 Szablicki, Paul, 32 Pomona Place, Buffalo 14210 Nennen Tierran, 48 Colonial Circle, Buffalo 14213 Van Every, Elizabeth, 293 Highland, Buffalo 14222 Watling, Gabriel, 23 Crowley, Buffalo l, 14207 Appointment effective July 7,1994 in the Department of Parks, Division of Recreation, to the position of Lifeguard Seasonal, at the Flat starting salary of $5.20 hr. Jamie Arone, 31 Sandrock, Buffalo 14207 Sarah Brozyna, 324 Benzinger, Buffalo 14206 David Geis, 27 Chadduck, Buffalo 14207 Jonathan Guzzo, 244 Cumberland, Buffalo 14220 Richard Hall, 50 Revere Place, Buffalo 14214 Rick Kleinsmith, 202 Mariemont, Buffalo 14220 Rebecca Nieves, 239 Fifteenth Street, Buffalo 14213 Jua Jurado, 280 Hudson Street, Buffalo 14201 Shawn Walsh, 836 Parkside, Buffalo 14216 Appointment effective June 27,1994 in the Department of Parks, Division of Recreation, to the position of Supervising Lifeguard, Temporary, at the Flat starting salary of $ 5.98 hr. Dell Storey, 67 Harriett Avenue, Buffalo 14213 Jacob Brozyna, 324 Benzinger, Buffalo 14206 Appointment effective July 1, 1994 in the Department of Parks Division of Recreation, to the position of Supervising Lifeguard, Temporary, at the Flat starting salary of $5.98 hr. Regina Barrett, 65 Riverview Place, Buffalo 14210 Herman Eldridge Jr., 870 Richmond, Buffalo 14222 Roger Harrington, 79 Norman, Buffalo 14210 Michael Kane, 20 Britt, Buffalo 14220 Kevin Hayes, 795 McKinley Parkway, Buffalo 14220 Appointment effective July 7,1994 in the Department of Parks, Division of Recreation, Edward Cudmore, 184 Esser, Buffalo 14207 to the position of Supervising Lifeguard, Temporary, at the Flat starting salary of $5.98 hr. Appointment effective July 1, 1994 in the Department of Parks, Division of Parks, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Dumar Anderson, 3 Meech, Buffalo 14208 Gary Augustiniak, 302 Kensington ,Buffalo 14215 Louis Bielli Jr., 422 Davey St., Buffalo 14206 Robert Carnevale, 268 Parker, Buffalo 14214 John Elliott, 148 Bird Avenue, Buffalo 14213 John Humann, 72 Lancaster Avenue, Buffalo 14222 David Norris, 52 Euclid Place, Buffalo 14210 Paul Buchanan, 109 Pershing, Buffalo 14211 Joseph Thompson, 140 Deerfield, Buffalo 14215 Edward Woelfle, 239 Parkside, Buffalo 14214 No. 85 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment effective 7/5/94 in the Department of Audit and Control, Division of the Comptroller, Angela Filippone, 41 Knox Avenue, Buffalo, New York, to the position of Secretary to the Comptroller (Part-Time) Exempt, at the Flat starting salary of $11,500 (part-time) DEPARTMENT OF HUMAN RESOURCES Appointment effective July 5, 1994 in the Department of Human Resources, Division of Youth, Ed Cudney Sr., 103 Harrison, Buffalo 14210, to the position of Community Aide, Temporary, at the Flat starting salary of $5.46 hr. Appointment effective July 7. 1994 in the Department of Human Resources, Division of Youth, Joseph Molloy, 262 Eden Street, Buffalo, 14220, to the position of Community Field Worker, Temporary, at the Flat starting salary of $6. 55 hr Appointment effective July 5 , 1994 in the Department of Human Resources, Division of Youth, James Becker, 208 Hazelwood, Buffalo 14215, to the position of Community Field Worker/Monitor, Temporary, at the Flat starting salary of $6.55 hr. Appointment effective July 6, 1994 in the Department of Human Resources, Division of Substance Abuse Services, Willie Johnson 202 East Amherst St., Buffalo 14214, to the position of Counselor III, Provisional, at the Intermediate starting salary of $25,689.00. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 86 BUFFALO PHILHARMONIC ORCHESTRA Request Release Of Grant-In-Aid Funds I am writing on behalf of the Buffalo Philharmonic Orchestra Society, Inc. ("BPO") to request the immediate release of $77,000 in Grant-in-Aid assistance awarded by the City of Buffalo to the BPO for City fiscal year commencing July 1, 1994. I am aware that several weeks ago the Common Council passed a resolution requesting that our 1994-95 Grant-in-Aid assistance not be paid until the Common Council received appropriate assurances that the BPO would have a 1994-95 season. The Council resolution was passed prior to the formal announcement that the musicians and management of the BPO had reached a settlement on a new three (3) year contract. As part of the settlement, musicians have taken dramatic cuts in compensation and fringe benefits, and have authorized operating efficiencies which will allow tile BPO to close an anticipated $500,000 gap for our new fiscal year beginning August 31, 1994. Under the contractual settlement, members of the orchestra will also be assuming greater prominence in the policies of the BPO through increased participation on the Executive Committee and Board of Directors. The BPO is requesting the early release of city funding in order to assist cash flow needs as we continue to maintain the necessary day-to-day administrative operations. Since early May, 1994, when the BPO suspended its season, it has been meeting its obligations through cash accrued prior to the shutdown. Since that date, cash from traditional sources, such as subscription sales, single ticket sales, and payment of endowment pledges has come to a virtual halt. However, the developments of the last two weeks make us extremely confident that we will be able to produce a complete 1994-95 season. In this regard, we have retained all key administrative staff, including our Executive Director, Marketing, Finance, Development and Operations personnel. Retention of these key staff members will assure that the BPO will remain an ongoing entity throughout this summer and that the work necessary to complete our endowment campaign and begin the marketing of the fall season will continue uninterrupted. Enclosed with this letter you will find a mechanical "mark-up" of our brochure for the 1994-95 season. The City has always been a strong partner of the BPO and we are most appreciative of the support we have received in the past. As we enter our 59th season, we look forward to continuing our service to this community by continuing to perform world-class music of the classical and popular repertoire. If the body deems it necessary, we would be prepared to meet with the Common Council to discuss our request for prompt release of the City Grant-in-Aid funding. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 87 CLOUGH, HARBOUR & ASSOC. Offer Of Assistance On Waste Materials Over the past few weeks I have been following the City's situation regarding their solid waste programs and by means of this letter am offering to answer questions you may have or offer advice if desired. I am also requesting that should the City solicit proposals for work related to this issue Clough, Harbour & Associates receive a copy of the Request for Proposal. As a means of introduction, I am the Office Manager for the Buffalo office of Clough, Harbour & Associates (CHA), a multi-disciplined engineering firm with offices in Buffalo located on Main Street. My own background is predominately environmental and more specifically solid waste. I was involved with obtaining the permits for the City's transfer station, as well as the recycling facility on Hopkins Street. Being involved with these permits, I became very familiar with the City's solid waste. I would be happy to meet with any of the Council members to discuss what assistance CHA may be able to offer the City. In the meantime, should you have any questions, please do not hesitate to call me. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS. No. 88 CORNERSTONE LIFE CHURCH Request Use Of Pavilion-Connecticut We at Cornerstone Life, an inner-city church, request the use of the pavilion located on Connecticut Street for the day of Saturday, August 13, 1994 from 11:00 am until 8:00 pm. Our goal is to reach the neighborhood with the gospel of Jesus Christ by providing its residents with inspirational music, free food and soft drinks. We are confident that through this outreach, people will be touched and lives will be changed as we share the love of God with them. Thank you for your consideration and may God richly bless you. Mr. Bell moved: That the communication from Frank Vitello, dated July 1, 1994, be received and filed; and That the Cornerstone Life, an inner-city church be, granted permission to use the pavilion located on Connecticut Street on Saturday, August 13, 1994 from 11:00 a.m. until 8:00 p.m., subject to conditions set by the Department of Public Works. PASSED. AYES- 12 NOES- 0. No. 89 S. FOX Protest Tax Increase I strongly protest the rate increases on city property taxes and on sewer taxes. 1993 - 1994 City - $1190.42 Sewer - $105.90 1994 - 1995 City - $1250.92 Sewer - $112.98 An overall increase of $67.58 for 1994 - 1995. Where are the increases for these years on fixed income? Let's quiet down the grandiose and expensive dreams of the new administration! Doesn't anyone realize that the tax base is shrinking and those who live off the taxpayer are increasing? Enough already! Why do I feel that these words are falling on dry ears - the ears of those who don't care. RECEIVED AND FILED. No. 90 GREATER BUFFALO ATHLETIC CORP. Status Of Outstanding Obligations Thank you for your note and the Common Council's interest in the World University Games. Given the recent financing garnered from New York State, hearings on the issue may be premature at this time. With this new source of funds, we believe the Games can reasonably satisfy outstanding obligations and continue the positive legacy of the event. If the Council needs any further information, please feel free to contact me at 842-0322. RECEIVED AND FILED. No. 91 PAUL INDELICATO Alternative To City Licensing Real Property In Buffalo A new fool proof ordinance in the City is much needed to discourage more of Buffalo's top residential and commercial property from dropping to an all time low (market values) of mass blight, neglected, abandoned and long time boarded up vacant dwellings that conspire eye-sores, arson and devalued homes that create slums. Two key factors should be adopted to prevent this from occurring starting with a ten (10) DAY TRIAL if proven successful. Such a scenario took place in August, 1991 by me and Director of the Parking Violations Bureau, Ms. Bruna Michaux to seek the recovery of $19+ million dollars due the City by habitual scofflaws. Upon my presentation dubbed, The SCROOGE PLAN to implement the recovery of this monety, to get it in operation right away as the Director, her staff, the City Administration, Common Council pulled together that future parking offenders would pay arrears and publication of their names would be in The Buffalo News if they failed to do so in a specific time frame. It also sent out a message loud and clear that can avoid open exposure by the media to THE WORLD, a collection agency and dealing with the Motor Vehicle Bureau to re-register their machines. It worked real well! But, one councilman cried out foul, stating, "I want an AMNESTY for these past violators" said Alfred Coppola, that was quickly rejected. KEY # 1 is basically the same tactic maneuver, expressing in a written notice by registered mail indicating a '30 Day Capital Improvement' order to owner(s), managers, corporations and families. So stating what has to be done, in fashion and time allowed (deadline). A thorough inspection will follow that all 'diseased problems' have been cured and must show complete corrections by City codes, with the understanding, that if order is ignored or not addressed by the owners, then the Freedom Information Act comes into play, exposing who not only live in the suburbs, but also those who 'milked' and left the City to move out of State and live in palaces and resorts, while the good homeowners face 'a lost cause syndrome effect', unless those slumlords responsible, their names, present addresses, locations of said property are exposed by The Buffalo News, Metro Community News/others to the friends, former neighbors lost relatives to face realty and truth. KEY # 2 is total identification (micro film) and profile of every absentee landlord that's kept updated and track the worst cases first for immediate compliance. Four publications in one month would not be hysterical but a total embarrassment! Also spine-tingler as a cure, to pay the equivalent of one years property taxes or more will be levied. Properties will be placed in eminent domain if owners fail to answer or respond within 10 days of notice, regards gatehouses, derelict buildings abandoned properties. On top of all that, these 'happy' folks laughter might be reduced down to a whisper, after they realize paying all legal expenses etc. And Honorable Judge Frank Sedita should have a field day in the process Maybe, I'll even ask him if he needs more help in sorting out the worst cases. RECEIVED AND FILED. No. 92 AFSCME LOCAL 264 Hiring of Residents (BMHA) Item # 75 C.C.P. May 31, 1994 In response to a request from Council Staff dated July 5, 1994, this is to advise you that the Local 264 office does not have any signed agreement that would guarantee that the Buffalo Municipal Housing Authority hire Housing Authority residents. All that the Local has negotiated in the contract were job title consolidations under the Laborer I and Laborer II titles which would give the Housing Authority the opportunity to hire whomever they want to in these two entry level positions, without those individuals having to take a Civil Service examination. The only other reference to hiring of Housing Authority residents in the contract is Article XXXV - Employment Opportunities for Lower Income Personnel, a copy of which is attached. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 93 NYS DEPT. OF ENVIRONMENTAL CONSERVATION Violation & Permit Requirements This letter is prepared to address two items of concern regarding the Gelinmac Storage Corporation Facility located at 60 Childs Street in Buffalo, New York. The first item shall outline the major sequence of events leading to Gelinmac's violation of Title 6 of the New York Code, Rules, and Regulations (NYCRR) Part 201.2 (a). The second item shall address additional permit requirements requested by this Department prior to recommending a Permit to Construct (PC) be issued for the bakery waste dehydration process. Please note that the Department is very willing to prioritize completion of the PC; however, it is necessary that certain precautions be addressed and recognized in order to establish a good relationship and understanding between all parties involved with this facility. In regards to the first item of concern, I have summarized some key dates and events. On March 24, 1994, the New York State Department of Environmental Conservation (NYSDEC) received an application for a PC submitted by the Gelinmac Storage Corporation. This Department began review and discussed the application with Gelinmac on April 8, 1994, at which time, Gelinmac was instructed not to construct or operate the source until completion of the PC. A complaint of bad odors and smoke coming from the facility was received by this Department on June 9, 1994 . Subsequently, the facility was shut down by the City of Buffalo on June 10, 1994. This Department inspected the facility on June 13, 1994 and notified Gelinmac of their violation concerning construction and operation of an air contamination source without a valid permit from this Department. In regards to this violation, a Short Form Order on Consent will be issued and sent under separate cover. The second item of concern was discussed during our telephone conversation on June 17, 1994 when we identified the need for additional design and operating specifications. This information is summarized below. Please be advised that simply submitting this information does not allow Gelinmac to go forth with further construction or modification at the facility. The Department must review and approve the submitted material before the permit can be issued. It is also possible the Department may discover other items which need clarification; however, at this time we believe we have identified the majority of these issues: 1) Proposed new stack design details including enclosure of the top of the silo to prevent migration of emissions along the roof top and to other areas of the building. (2) Proposed Operations and Maintenance (O&M) Plan addressing, at a minimum, the below topics: Facility description; Process description; Standard Operating Procedures; Normal Operating Parameters; General Start-up Procedures; General Shut-down Procedures; Accident and Fire Prevention Procedures; and Operating Logs and Maintenance Records. Some specific items to be included in the O&M Plan are as follows: Pest control; Odor control; Scheduled cleaning of the cyclone settling chamber; Scheduled cleaning of the silo; Off-site carton and truck cleaning; General housekeeping; Separation and stockpiling of wet and dried bakery waste; Method of determining proper draft on the solid fuel burner; and Control of fugitive dust from the truck lot. (3) Other issues relative to the PC application we need to discuss with your consultant, Ronning Engineering Company, include the reported destruction efficiency of the solid fuel burner (i.e., 99.9%) and the reported removal efficiencies of the cyclone (i.e., 99.5 %) and the silo (i.e., 50%). In addition, we would like to discuss in further detail the expected particle size distribution in the gas stream. Upon receipt and review of the requested information and prior to finalizing the permit, it is our intentions to forward a copy of the draft permit to the City of Buffalo for review and comment. Once the City of Buffalo has commented on our permit conditions, we will recommend issuance of the permit. Until this has occurred, Gelinmac may not proceed with further construction or operation at the facility. Should you have any questions , comments, or require further clarification, please do not hesitate to contact myself or Ms. Connie Laport at (716) 851-7130. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 94 NYS DEPT. OF ENVIRONMENTAL CONSERVATION Disposal Of Toxic Soil We received your request for comment on your Item #180 "Disposal of Toxic Soil" and offer the following: 1. Usually the amount of excavated soil is well under 250 cubic yards which is much less than the "half a city block long and 10 feet wide" estimate in the referenced item. 2. The responsible party may treat non-hazardous soils on site or, with DEC permission, at another property he owns. The treatment may be biological, soil vapor (volatilization with collection), or some other approved method. 3. A soil vapor extraction system (SVES) consists of the following: - underground piping in the contaminated soil - covering over the contamination - air exhaust blower with air treatment if necessary Ambient air is drawn through the soil to the underground piping. The air is then exhausted through a blower, treatment system (usually carbon drums), and a stack. We do not allow a responsible party to merely let the soil volatize petroleum contamination to the atmosphere. 4. We realize the plastic coverings may blow off or deteriorate over time. The responsible party is required to replace the covering. We do not believe the non-hazardous soil has any negative effect on the surrounding environment. 5. Once the soil has been treated to meet Department clean up requirements, it may remain on site, or with Department approval, it may be taken off site for use as fill material. Often when the treated soil is left on site, it is graded and seeded to form landscaping berms. The City may want to consider requiring that any treated soil left on site be graded into berms and seeded. 6. We recommend on-site treatment as a method to reduce disposal of non-hazardous petroleum contaminated soil at landfills. Should you have any further questions, please contact Mr. Robert Leary of my staff at 851-7220. REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE CORPORATION COUNSEL. No. 95 NYS DEPT. OF TRANSPORTATION Ownership Of Bridge Over Contrail/Exchange This is in response to a Common Council Resolution adopted on May 3, 1994 regarding the Michigan Avenue bridge over Conrail and Exchange Street in the City of Buffalo. Please be informed that the subject bridge is jointly owned by the City of Buffalo and Conrail. The NYSDOT does not have jurisdictional responsibility over this bridge. Consequently, this Department is not in a position to assign staff to investigate the options contained in your resolution. The Department would, however, administer any Federal bridge funding applied to rehabilitation or replacement of the structure and, in the past, we have discussed funding strategies and rehabilitation needs with City of Buffalo representatives. In 1988 we initiated a project, funded with Federal HBRR monies, to rehabilitate this structure. The schedule called for the Department to begin design work in late 1990. Based on the City's desire to change the scope of the project from a bridge rehabilitation to a bridge removal, and the resultant need for a hearing before an administrative law judge, the project was deleted from the HBRR program. It is my understanding that the City has now officially requested the Department to schedule this hearing. After the hearing has been completed and a judicial decision rendered, application for appropriate funding for a project may be made through the Department in conjunction with the Niagara Frontier Transportation Committee (NFTC) of which the City is a member. In closing I have taken the liberty of forwarding a copy of this letter, together with a copy of the Council's Resolution, to Mr. Edward Small, Staff Director for the NFTC. If you have any questions relative to this matter, please do not hesitate to call me at 847-3241. REFERRED TO THE COMMITTEE ON FINANCE. No. 96 PEACE BRIDGE AUTHORITY Update On Bridge Plaza Plans On behalf of our Chairman, Peter B. Sullivan, I am writing in response to your June 1, 1994 request and May 31, 1994 Resolution. That request and resolution asks for information regarding the Peace Bridge Authority's plans for our plaza and connecting road system - for both the Thruway and local roads. Before responding to your five specific points we felt it appropriate to update you on the status of the project. First, the Expanded Project Proposal (EPP) has been approved by the Authority and copies will be supplied to the New York State Department of Transportation, the City of Buffalo, and the New York State Thruway Authority. The EPP "sets the stage" for the next phase, known as Phase I-IV which investigates the range of alternatives put forth in the EPP. The end product of flee Phase I-IV effort is a preferred alternative which is taken to final design and then construction. These last two steps are known as Phases V and VI. It is important to note that during the Phase I-IV work more alternatives may be introduced for study (in addition to those presented in the EPP). The Authority's Board authorized (6/24/94) entering into a contract with our consultant for the Phase I-IV work. We anticipate beginning work on Phase I-IV by August 1, 1994. Phase I-IV will take 18-24 months. The Peace Bridge Authority has directed our consultant to study and evaluate the City's proposed ramp from the northbound 1-190 to Porter Avenue as part of our Phase I-IV work. We have also included thee City's Resolution in the final copy of the EPP. In response to the specific questions raised in the City's Resolution: a. Will the Peace Bridge plan, design and build an off ramp from the Peace Bridge to Porter Ave.? (Fly Over) The EPP recommends that a detailed analysis of a ramp from the Peace Bridge to Porter Avenue be conducted as part of Phase I-IV. b. Will the Peace Bridge plan, design and build a ramp from Porter Ave. to the Peace Bridge? The EPP recommends that a detailed analysis of a ramp from Porter Avenue to the Peace Bridge also be conducted as part of Phase I-IV. We have labelled this Ramp PN for "Porter North". c. Will the Peace Bridge plan, design and build a Northbound off ramp from I-190 to Porter Ave.? Based on the City's Access Modification Report and our discussions with the NYSDOT, the Authority will study and analyze the layout and traffic operations of a new ramp (from the I-190 northbound to Porter Avenue) as part of the Phase I-IV. d. Will the Peace Bridge supply a budget for improvement to the park? ($2.8 Million). The Authority understands that potential impacts to Front Park may occur from implementation of the Plaza and Connecting Roadway System alternatives, that a Section 4f (Federal) evaluation is required and that mitigation of impacts may be required from this effort. The Authority also wishes to cooperate with the City of Buffalo on enhancing and revitalizing Front Park, and as such has donated the funding necessary for the independent preparation of a Master Plan for the Park. The Authority further understands that capital improvements are required for the Park; however, no specific budget has been established at this time. In previous correspondence regarding funding for Park improvements the Authority addressed this issue. At this point in time and until our plans and designs are finalized we do not know the extent of our own budgeting requirements. Furthermore we must address with the NYSDOT and Federal highway Administration which elements of the project will and won't qualify for ISTEA (Intermodal Surface Transportation Efficiency Act) funds. We cannot decide upon funding allocations until our plans and designs are completed. Based on our anticipated schedule this is probably 2 or 3 years away. 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.? Regarding the potential impacts to the Porter Avenue bridge and access to points west of the I-190 bridge, the Authority understands the sensitivity of maintaining access to this area and will work cooperatively with the -City in developing acceptable traffic maintenance schemes. It is anticipated that should work be required on the Porter Avenue bridge that this can be done through staged construction maintaining traffic at all times. Regarding Front Park, the Authority is looking forward to working with the City to see how we may be able to incorporate the views and unique nature of Front Park into the Gateway concept. This was the driving force behind the $50,000 grant from the Peace Bridge Authority to the City to develop a Front Park Master Plan. 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. The Authority respects the City's opposition to the elimination of the Niagara Street off ramp; however, this is considered primarily to allow for an acceptable geometric layout which allows for the construction of Ramp PN (see Comment b.). Phase I-IV study efforts will consider all possible geometric configurations which allow for the construction of Ramp PN (Comment b.) and the retention of the northbound Niagara Street connector. The Authority has entered into an Agreement with the NYSDOT. The agreement establishes the Authority as the Lead Agency for planning, engineering, and environmental matters and also places specific requirements and responsibilities on the Authority regarding Federal/State rules and regulations. The ISTEA monies ($19.5 Million) earmarked for this project are required to be spent for transportation elements that alleviate congestion. The future application of funds for construction for various elements of the project being studied now must be consistent with Federal and State guidelines. Therefore, although some project elements that may be evaluated in Phase I-IV (ie - the ramp from the northbound I-190 to Porter Avenue and the Plaza Reconfiguration) are eligible for study funding, subsequent design and construction funds may not be available from the funds earmarked for this project. The Authority looks forward to working with the City as we advance our plans. Your comments, suggestions, and questions are most welcome. Please feel free to contact me. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 97 PLYMOUTH UNITED CHURCH OF CHRIST Use 844-848 Amherst Street-Residence For Developmentally Disabled We recently received a letter concerning the above property and outlining the proposal for the building. It also informed us of a Public Hearing to be held on Wednesday, July 6 at 7:00 p.m. at School 64. As I also live in the neighborhood, I canvassed homes in the area and no one appeared to have any knowledge of the Hearing as they had not received any notice of it. Even the residents in the building had not been made aware of this proposal when I checked last Thursday. I realize that it is too late to cancel the Hearing on July 6, but I feel that another one should be scheduled at a later date in order for all the people in the area to be made aware of the proposal and to be able to make arrangements to attend and voice their concerns or approval. We are aware that residences for the developmentally disabled are necessary, but after looking over the condition of the interior of this building and considering all that must be done in order to bring it up to required standards and codes, we feel that it does not warrant the expenditure required. After recently hearing about the difficultly in balancing the budgets of the City, County and State, we wonder where the money will come from to fund this project. We also wonder when they propose to begin the project and how much notice the residents will have before they have to move. Your attention to our concerns - especially the scheduling of another Hearing would be greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE MAYOR. No. 98 PRESERVATION COALITION Oppose Demo. of Porter Ave Homes For Parking The Preservation Coalition has been approached by members and neighborhood residents concerning D'Youville College's intent to demolish three 19th century houses on Prospect Avenue. The Preservation Coalition opposes demolishing these houses for many reasons. The Fargo Estate Neighborhood, where the houses are located, is of great public interest and value, already boasting one National Register site and two designated local landmarks, We have prepared, upon consultation with residents and elected officials, four alternatives which seek to preserve the houses and streetscape while providing ample secure parking. I have enclosed 20 sets of our proposals. Please file these with the Common Council for its July 12 meeting. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 99 K. PURDUE Complaint Of Police Raid on Home My name is Kathleen Purdue, I would like to know why and what gave Buffalo Police, probable cause to raid my home. None of the people listed, lived at my address. Even after my son identify himself (sic), they, the Buffalo Police proceed to throw him on the ground, put a gun to his head and a foot in his back.(sic) My grandchildren, ages 9, 8, 5, 3, where outside at that time in the yard playing, they where in shock. (sic) The children started to cry one of the "Officers", told my 9 year old to get his "Ass" over there to shut that child (3 yrs. old) the "fuck up". As my child proceed to walk away the Officer push the 9 yr. old, as a gesture to make him hurry, he in returns grab the 3 yr. old- he fell, scare the right side of his face near his eye. (sic). The children where os devastated that sine then they wet the bed, had nightmares, my children have never witness anything so traumatic. The officers has no regards for anyone. (sic) The police, use a battering ram to break in the front door. (why not knock) My husband was in the living room, next thing he notice they where police standing in the kitchen, my husband ask who they where, and why where they there the officer stated he had a warrant to search the premises for a control substance. My husband ask to see the warrant they had to go to the patrol car to find it, but they proceeded to trash our home. (sic) In the mean time my 18 yr. old daughter was coming in from work and ask what was going on, the police replied again they had a warrant to search the premises, she had to demand to see the warrant. Once she seen the warrant she also inform them no one by that name lived hear and there where no drugs here. Into the time he demand to see the warrant because our legal right no one had seen anything. (sic) The Police brought my son in the house in handcup's, the Police did a body search on him even thro in the front and kitchen they had & were still searching the house, they proceeded to tell him to remove his clothes, they search his genitals and made him bend over & cough, he had to stand there naked and embarras while they raise the ceiling tiles, Since then the tiles just keep falling. (sic) The Police found an old radio the kids has found when they where kids they took the Radio they said it was a Police Radio and they said they should arrest my husband for that. (sic) In the mean time a officer standing in my front room with a shot gun pointed at the celing. though he should watch T.V. he standing on my white carpet flicking the remote control to find the O.J. trial. (sic) When it was all said and done there are no drugs at my home there never were there will never will be, and now the people they where looking for we has no idea of who they where. (sic) One of the names where close to my other sons name, he went to precinct 12 and head quarters to find he didnt's have a warrant on him. There isn't anyone even living here the age's they had down. (sic) So please help me to understand "Why" we had to go through this, why couldn't' a simple knock on the door. Don't we have any rights. How can we teach our grandchildrens the police are here to protect and serve when they can see stuff like this, to hear them curse. And the only home they ever known be destroyed. (sic) Also who's going to repair my door's, replace and correct 3 celing tiles, clean a dirty carpet and the great ' s repair our "dignity". Who 's going yo stop the bed wetting, the night mares the embarrasment my son went through on the ground and being naked. (sic) Please help me to understand "why" thank you REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 100 LORETTA RHYME Request Homestead Lot 26 Harlow For Day Care Center I am requesting the use of the lot next to my residence. The purpose is to homestead this land for the use of my Day Care Center that should be finalized by the end of June. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMPTROLLER. No. 101 DEPT. OF ARMY CORPS OF ENGINEERS Proposed Construction Access Berm - Black Rock Lock Enclosed for your review and comment is a copy of the Environmental Assessment (EA), Finding of No Significant Impact (FONSI), Public Notice and 404(b)(l) Evaluation for a proposed construction access berm between Squaw Island and the Black Rock Lock west guide pier. The purpose of the proposed action is to provide permanent overland construction access for present and future maintenance repairs of the Lock's west guide pier. The access berm would provide a considerably less expensive alternative to the use of floating plant and equipment when making such repairs, and would allow smaller construction firms to bid on maintenance repair contracts for the west guide pier. The attached documents were prepared in accordance with the Council on Environmental Quality: "Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act," 40 CFR 1500-1506; and Corps of Engineers Regulation's ER 200-2-2, "Environmental Quality: Policy and Procedures for Implementing NEPA." Please review these documents and forward any comments you may have to the above address, ATTN: Timothy Daly, within 30 days of your receipt of this letter. If we do not hear from you within this time period, and no other significant comments are received, we will assume that you are in agreement with the contents of these documents and the District Commander will then sign the FONSI. My point of contact pertaining to this matter is Mr. Timothy Daly of my Environmental Analysis Section, who can be contacted by calling 716-879-4171, or by writing to him at the above address. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS. No. 102 TOWN OF WALES Favor Share Of 8th% Of Sales Tax Resolution Number I, Deborah L. Galloway, Town Clerk of the Town of Wales, Erie County, State of New York, DO HEREBY CERTIFY, that at a regular meeting of the Town Board of the aforesaid Town on the 14th day of June 1994, the following action was subject to Town Board approval: Be it resolved that the Town Board of the Town of Wales requests that 1% increased sales tax revenue be distributed to the local municipalities of Erie County. Be it further resolved that the Wales Town Clerk will forward certified copies of this resolution to every city, village, town and school clerk in Erie County as well as the County Executive, County Legislators, State Assemblyman, and State Senator. RECEIVED AND FILED. PETITIONS No. 103 John R. Nuchereno, owner, petition to rezone 2503 Niagara St. for a law office. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 104 9274 Group, Inc., owner, (Rite-Aid) petition to use 1370 Broadway for a Pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 105 Canisius College, owner, petition to use 2021 Main St. for Ramps/Bathrooms. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 106 Canisius College, owner, petition to use 2007 Main St. for parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 107 Upstate Milk Cooperative, owner, petition to use 206 Scott St. for billboard. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 108 John F. Brinkworth, owner, petition to use 3403-3411 Bailey Avenue to expand an exist motorcycle shop. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. Report of Regular Committee Meetings Civil Service Rosemarie LoTempio Chairwoman No. 109 Memorandum of Agreement Local 282 - Health Insurance (Item No. 79, C.C.P., June 28, 1994) That the Memorandum of Agreement between the City of Buffalo and the Buffalo Professional Firefighters Association, Local 282, I.A.F.F., AFL-CIO, concerning health insurance in-lieu payments for employees and retirees, omitted in error from the Interest Arbitration Award, dated October 12, 1993, for the contract period July 1, 1992 through June 30, 1995 be, approved and ratified. PASSED. AYES- 12 NOES- 0. No. 110 CSC Hearing - Reclassification Asst. Corp. Counsel (CSC) (Item # 70 CCP April 5, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Info.- Residency Requirements (CC) (Item # 54 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Reclassification of Asst. Corp. Counsel Position (CSC) (Item # 83 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 D. Kwiatkowski - Oppose Change of Permanent Status (Item # 90 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Opinion- Change of Permanent Status (CC) (Item # 38 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Change in Permanent Status (CSC) (Item # 54 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Appointment Laborer II That Communication No. 69 October 5, 1993 be received and filed and the Temporary appointment of Michael W. Schmitt stated above at the maximum salary $10.67/hr effective on September 28, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 117 Appointment MEM Supervisor I That Communication No. 38 January 11, 1994 be received and filed and the Provisional appointment of Joseph Conkling, Jr. stated above at the maximum salary $27,500.00 effective on December 30, 1993 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 118 Notices of Appointments (Temp/Prov/Perm) (Item # 61 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Appointment Director of Collections That Communication No. 26 June 28, 1994 be received and filed and the Provisional appointment of Bridget M. Carpino stated above at the intermediate salary $36,687.00 effective on June 9, 1994 is hereby approved. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 120 Appointment Principal Chief Stationary Engineer That Communication No. 49 June 28, 1994 be received and filed and the Permanent appointment of Joseph V. Schollard stated above at the maximum salary $38,624.00 effective on June 10, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 121 Appointment Program Coordinator That Communication No. 52 June 28, 1994 be received and filed and the Non-competitive appointment of Larry Middlebrooks stated above at the intermediate salary $23,406.00 effective on June 27, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 122 Appointment Data Control Clerk That Communication No. 80 June 28, 1994 be received and filed and the Provisional appointment of Patricia Halligan stated above at the intermediate salary $22,554.00 effective on June 13, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 123 Notices of Appointment - Temp./Prov./Perm. (Item # 91 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Finance David Collins Chairman No. 124 Abolish Water Authority (PW) (Item # 25 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Water Rate Restructure Study (PW) (Item # 31 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 Opinion- Water Rates/Common Council (CC) (Item # 39 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Cazinova Park Fund Transfer (CD) (Item # 42 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Create Trust and Agency Account - Recreation Department (Item No. 50, C.C.P., June 28, 1994) That the City Accountant be, and he hereby is authorized to create a Trust and Agency Account to hand Parks Recreation Department revenues and expenses. PASSED. AYES- 12 NOES- 0. No. 129 Solicitation of Funds Application Citizens Campaign for the Environment (Item No. 19, C.C.P., June 14, 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 Campaign for the Environment within the City of Buffalo for a one month period, designated on the permit, issued by the Director of Licenses, provided all solicitation be completed by 8:00 P.M. each day. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 130 Renew Lease with S.M. Scrivner Company, Inc. (Item No. 14, C.C.P., June 28, 1994) That the Comptroller be, and he hereby is, authorized to renew the lease between the City of Buffalo and S.M. Scrivner Company, Inc. for an additional one year period, to commence on October 1, 1994 and ending on September 30, 1995. That the Corporation Counsel shall prepare the necessary lease renewal and that the Mayor be authorized to execute the same. PASSED. AYES- 12 NOES- 0. No. 131 Results of Negotiations - 2040 Bailey Avenue (Item No. 18, C.C.P., May 31, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the offer of National Fuel Gas Distribution Corporation, 10 Lafayette Square, in the sum of $1,100.00 (One Thousand One Hundred Dollars) to purchase the property described as 2040 Bailey Avenue, 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 with 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 will be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 132 Negotiate Private Sale - 1256 Jefferson Avenue (Item No. 106, C.C.P., June 28, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved that the above item be Laid on the Table. ADOPTED No. 133 Temporary Roadway Easement - Squaw Island U.S. Army Corps of Engineering (Item No. 37, C.C.P., June 28, 1994) That the Mayor be, and he hereby is authorized to reduce the easement between the U.S. Army Corps of Engineers from 24 months to 10 months for Squaw Island as passed by Item No. 44, C.C.P., May 31, 1994. PASSED. AYES- 12 NOES- 0. No. 134 Emergency Repairs - Main near Grover Cleveland Tower (Item No. 40, C.C.P., June 28, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to award an emergency contract for repair of the 16" Suction Main which feeds the Cleveland Tower at Winspear and Bailey Avenue, to Kandey Company, Inc., in the amount of $57,501.50. Funds for this work are available in the Division of Water's 416-982-002-00-000 account. PASSED. AYES- 12 NOES- 0. No. 135 Report of Bids - Repair Street Cuts (Item No. 41, C.C.P., June 28, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for The Repair of Street Cuts - 1994, to Thomann & Loewer Asphalt Paving Corp., in an amount not to exceed $69,406.00, plus approved unit prices not to exceed an additional amount of $5,594.00, for a total award of $75,000.00. Funds for this work are available in the Capital Project Fund #200-401-507-00-000. PASSED. AYES- 12 NOES- 0. No. 136 Change Contract Electrical Reconstruction - Kleinhans Music Hall (Item No. 44, C.C.P., June 28, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Frey Electric Construction Company, Inc. in the amount of $ 11, 131. 13 for Electrical Reconstruction work relating to Kleinhans Music Hall Phase 11A, Contract C-91706000, with said cost to be charged against B/F 200-402-068 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 137 W. Easterling- Complaints About Water Bill (Item # 75 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Water Bill Complaint W. Easterling (PW) (Item # 26 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Rosa Gibson, Ernest Oliver and Ulysses Todd Dumping Fine (Item No. 177, C.C.P., Apr. 5, 1994) (Item No. 113, C.C.P., June 14, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved that this item be Received and Filed. ADOPTED. No. 140 Request Police Response Time to Accident at Walden Avenue and Bakos Boulevard (Item No. 170, C.C.P., June 14, 1994) (Item No. 145, C.C.P., June 28, 1994) That the Police Commissioner R. Gil Kerlikowske appear before this Honorable Body to explain in detail the problems the Police Department had in responding in a timely manner to the accident that occurred on Walden Avenue and Bakos Boulevard on Sunday, June 5, 1994 and to explain what steps can be made in the future to avoid a similar situation. ADOPTED. No. 141 Liquor License Applications (6/28) (Item # 86 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 NYSDOL- Audit Report Safety/Health Training Program (Item # 105 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Legislation Alfred T. Coppola Chairman No. 143 Proposed Landmark Designation Transfiguration Roman Catholic Church 929 Sycamore Street (Item No. 8, C.C.P., May 31, 1994) That after a public hearing held by the Committee on Legislation on May 12, 1994, Transfiguration Roman Catholic Church at 929 Sycamore Street be designated as a local historic landmark, pursuant to Section 8 of Chapter 337 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Board and its Landmark Designation Committee which reports are hereby approved and adopted; and That this designation is made in accordance with the criteria set forth in the Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be and hereby is directed to file the property description with the City Clerk, the Director of the Planning Board and with the Department of Public Works; and That the Corporation Counsel be and hereby is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED. AYES- 12 NOES- 0. No. 144 Buffalo Mercantile Center Ltd., Petition to Rezone 225 Louisiana Street, 148 Kentucky Street (Item No. 111, C.C.P., June 28, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved that the above item be approved. Seconded by Mr. Franczyk. Mrs. LoTempio moved, as an amendment, that the item be recommitted to the Committee on Legislation. Seconded by Mr. Fahey. ADOPTED. AYES- CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA- 7. NOES- ARTHUR, BELL, COLLINS, COPPOLA, ZUCHLEWSKI- 5. No. 145 Pierce & Stevens Inc., Petition To Use 660 Ohio Street (Item No. 112, C.C.P., June 28, 1994) That after a public hearing before the Committee on Legislation on July 5, 1994, the petition of Pierce & Stevens Inc., owner, requesting permission to use 660 Ohio Street to enlarge existing building for manufacturing/warehousing be, and hereby is approved with the conditions that they provide the necessary landscaping and that all permits required by DEC/EPA be current and in place. PASSED. AYES- 12 NOES- 0. No. 146 NOCO Motor Fuels Inc., Petition To Use 400 Virginia Street (Item No. 113, C.C.P., June 28, 1994) That after a public hearing before the Committee on Legislation on July 5, 1994, the petition of NOCO Motor Fuels Inc., owner, permission to use 400 Virginia Street for a pole sign be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 147 Frank Kempf, Petition To Use 3234 Main Street (Item No. 114, C.C.P., June 28, 1994) That after a public hearing before the Committee on Legislation on July 5, 1994, the petition of Frank Kempf, owner, requesting permission to use 3234 Main Street for a sidewalk cafe be, and hereby is approved 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 no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 4. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 5. That the sidewalk cafe be closed no later than 11 pm. daily. 6. That the applicant be assessed the annual fee of $2.00 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413 Article IX Section 59 (sidewalk cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED. AYES- 12 NOES- 0. No. 148 Encroachment- Sidewalk Cafe- 3234 Main (PW) (Item # 47 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Ordinance Amendment Section 167-15 Installation and Annual Inspection (Item No. 187, C.C.P., June 28, 1994) That the Ordinance Amendment as contained in Item No. 187, C.C.P., June 28, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 150 Ordinance Amendment Section 175 Fees (Inspection of Wheelchair lifts, etc.) (Item No. 188, C.C.P., June 28, 1994) That the Ordinance Amendment as contained in Item No. 188, C.C.P., June 28, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 151 IUOE- Oppose Ordinance Boilers/Engineers (Item # 89 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Request Ordinance- Tenant Accountability (CC) (Item # 55 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Request Ordinance Amendment - Taxi Stands (Item No. 183, C.C.P., June 28, 1994) That upon completion of plans and specifications as more fully described in the above communication, the Department of Public Works submit them to the Law Department so that Chapter 437, Subsection 437-19 of the Code of the City of Buffalo be amended to include the locations according to the plans and specifications of the Department of Public Works; and That the Department of Public Works post signs at these locations indicating taxi stand areas, and also at an existing designated taxi stand location on the east side of Pearl Street, starting at a point 30 feet north of Chippewa Street and 105 feet north therefrom. ADOPTED. No. 154 Requiring Proper Sanitary Facilities at Marinas (Item No. 199, C.C.P., June 28, 1994) That this Common Council requests the Corporation Counsel to research definitively whether regulations requiring pump-out facilities at marinas are in effect; and That if no such requirements exist the Corporation Counsel is requested to draft a city ordinance amendment on this matter for approval by the Council. ADOPTED. No. 155 Monitor Boat Launch - Foot of Ontario Street (Item No. 154, C.C.P., June 14, 1994) That this Common Council requests that the Commissioner of Parks comment on potential solutions to the problems associated with boat launch permit issuance and monitoring, and That this Common Council request the Corporation Counsel to prepare the appropriate ordinance amendments to regulate permit issuance, to enumerate locations, to establish penalties for violations, and to safeguard the interests of the city of Buffalo in relation to risks associated with operation of boat launch facilities. ADOPTED. No. 156 Boat Launch Foot Of Ontario (PW) (Item # 48 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 A. Petronella- Oppose Demos for D'Youville Parking (Item # 78 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 Disposal of Clean and Toxic Soil (Item No. 180, C.C.P., June 14, 1994) That the Common Council requests the Corporation Counsel, the Sewer Authority, the Department of Inspections, the Environmental Planning Commission and the N.Y.S. Department of Environmental Conservation to comment on the problem of the disposal of clean and toxic soil, and their concerns regarding it, and any measure that the city can take to eliminate this problem; and That the Common Council requests the Corporation Counsel to draft an ordinance that requires the removal of toxic soil from a site within sixty days of excavation. ADOPTED. No. 159 Request Policy Report on Panhandlers (Item No. 192, C.C.P., June 14, 1994) That this Common Council request the Commissioner of Police to respond as to why they are not prioritizing the problem with panhandlers on Main Street and Elmwood Avenue and what they intend to do in order to solve the problem, and That if the current laws are deemed inadequate, the Police Department and Law Department file an ordinance with this Common Council to address this problem. ADOPTED. No. 160 Convention Center- Favors Panhandling Enforcement (Item # 94 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 K. Miranda- Favors Panhandling Enforcement (Item # 103 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 Wilson Farm- Favors panhandling enforcement (Item # 110 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 NYSDEC- Kingsley Park Records of Decision (Item # 104 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 Appoint Members to the Buffalo Sewer Authority (Item No. 3, C.C.P., June 14, 1994) Mr. Perla moved: That the appointment of James P. Naples, 139 Bedford, Buffalo 14216; and the reappoint of Edward J. Pawlik, 851 Parkside Avenue, Buffalo, 14216; as members of the Buffalo Sewer Authority for terms expiring June 30, 1997, be and hereby are confirmed. Seconded by Mrs. LoTempio. ADOPTED. AYES- BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA- 9. NOES- ARTHUR, COPPOLA, ZUCHLEWSKI- 3. No. 165 Landlord/Tenant Accountability Public Hearing (Item No. 180, C.C.P., June 28, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved that the above item be received and filed. ADOPTED. Economic Development Carl A. Perla, Jr. Chairman No. 166 HOME Funds For 7 Zittel Street, 425 Porter Avenue, 72 Lombard Street, 1049 Elmwood Avenue, 38 Richlawn and 603 Grant Street (Item No. 74, C.C.P., June 28, 1994) That the following request for Rental Rehabilitation Loan funding be, and hereby are, approved: 1. 7 Zittel - Eric & Carmen Kruder- $16,600.00 2. 1049 Elmwood - M & T Properties- 40,500.00 3. 38 Richlawn - Clifford Hornick- 20,000.00 Provided, that disbursement of funds to 1049 Elmwood, M & T Properties, is subject to prior payment, in full, of all outstanding real property taxes; and That 425 Porter Ave., 72 Lombard Street and 603 Grant Street be and hereby are recommitted to the Committee on Economic Development. PASSED. AYES- 12 NOES- 0. No. 167 Restructure Disbursement of HOME Funds (Item No. 178, C.C.P., Mar. 22, 1994) That the Commissioner of the Department of Inspections and Community Revitalization report to the Common Council on the feasibility of restructuring the payment schedule for the Deferred Loan program and restructuring how the federal HOME funds are disbursed, in order to stretch the city's rehabilitation dollars and to include more eligible owner occupants in the city's housing rehabilitation programs; and That the Commissioner of the Department of Inspections and Community and Revitalization discuss the feasibility of redefining the payment schedule for the Deferred Lean program to give 50% of the total amount of the loan as a grant instead of the current 95%. The other 50% of the loan would be paid back at a 1% interest rate over a maximum of 15 years. This change in policy would provide for an increase in program dollars which would enable the city to assist more eligible owner occupants than it presently does; and That the Commissioner of the Department of Inspections and Community Revitalization discuss the feasibility of adding the $7,500 in HOME funds to $5,000 in city block grant dollars rather that the current amount of $10,000, which would make the entire amount of the loan or grant $12,500 not the current amount of $17,500. This change in policy would enable the city to assist double the amount of eligible owner occupants then it presently does. ADOPTED. No. 168 Restructure Disbursement of HOME Funds (ICR) (Item # 73 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 Disbursements of HOME Funds (CC) (Item # 53 CCP April 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 Transfer of Properties - Urban Homestead Program (Item No. 15, C.C.P., June 28, 1994) That the City-owned property commonly known as 920, 926, 934 Sycamore, 426 Connecticut, be transferred through the Urban Homestead Program, and the Mayor be, and he hereby is authorized to execute a deed transferring said properties to American Shelter, Incorporated, in the amount of $1.00 (One and No More Dollars) upon the condition that they sell these properties, after rehabilitation, to low income purchasers within 24 months of the transfer of title by the City; and that the Corporation Counsel's Office prepare the necessary documents. PASSED. AYES- 12 NOES- 0. No. 171 Transfer of Title - 111 Reed Street Urban Homestead Program (Item No. 65, C.C.P., June 28, 1994) That the City-owned property commonly known as 111 Reed Street is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Katie L. Jones, 115 Reed Street, in the amount of $1.00 (One and No More Dollars), and all costs of transfer, on the condition the property is cleared and improved within 6 (six) months and the property is maintained in a sanitary manner for at least 36 (thirty-six) months. PASSED. AYES- 12 NOES- 0. No. 172 Transfer of Title - 920-922 South Park Avenue Urban Homestead Program (Item No. 66, C.C.P., June 28, 1994) That the City-owned property commonly known as 920-922 South Park Avenue is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Ms. Mildred Lopez, 918 South Park Avenue, in the amount of $1.00 (One and No More Dollars), and all costs of transfer, on the condition the property is cleared and improved within 6 (six) months and the property is maintained in a sanitary manner for at least 36 (thirty-six) months. PASSED. AYES- 12 NOES- 0. No. 173 BEDC 1994-95 Budget (Item # 93 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 174 BEDC- Purchase Parcels for Commercial Land Bank (Item # 89 CCP April 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 175 Implement Rpt.- Price Waterhouse Study (ICR) (Item # 56 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 176 Status Report- Price Waterhouse Recommendations (ICR) (Item # 75 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 177 Request Report on Status of Housing Preservation Study Recommendations (Item No. 175, C.C.P., Apr. 5, 1994) That this Common Council requests the Commissioner of the Department of Inspections and Community Revitalization to file a report as to the status and time frame for implementing recommendations set forth by the Price Waterhouse Study on Housing Preservation report. ADOPTED. Urban Renewal Agency Committee Clifford Bell Chairman No. 178 Proposed "Cobblestone" Local Historic Preservation District Designation (Item No. 16, C.C.P., Jan. 25, 1994) That after a public hearing on December 9, 1993, the proposed "Cobblestone" Historic Preservation District, as a local historic district having boundaries as amended by Item No. 86, C.C.P., May 3, 1994 be, designated as a local historic landmark, pursuant to Section 8 of Chapter 337 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Board and its Landmark Designation Committee which reports are hereby approved and adopted; and That this designation is made in accordance with the criteria set forth in Article III, Sections 337-9 through 12 of the Preservation Standards of the Buffalo Code, and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be and hereby is directed to file a real property description with the City Clerk, the Director of the Planning Board and with the Department of Public Works; upon review and approval of the Corporation Counsel, and That the Corporation Counsel be and hereby is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED. AYES- 12 NOES- 0. No. 179 Amended "Cobblestone" Historic Preservation District Designation (Item No. 82, C.C.P., May 3, 1994) That after a public hearing on December 9, 1993, the proposed "Cobblestone" Historic Preservation District, be, and hereby is approved as amended in the above communication. PASSED. AYES- 12 NOES- 0. No. 180 "Cobblestone" Preservation District - EAF (Item No. 94, C.C.P., May 31, 1994) That "Preservation Coalition of Erie County - "Cobblestone" Preservation District" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment Form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 181 Abandon Portion North Oak Street (Item No. 25, C.C.P., Mar. 8, 1994) That the Comptroller be, and he hereby is authorized in accordance with Sections 513 and 414 of the City Charter, to approve the Abandonment and Sale of the portion of North Oak Street lying south of Carlton Street (approximately 41 feet by 68 feet) to John Pappano of Phillips, Lytle, et al., Attorney, representing the New York Dormitory Authority, the coordinator for the Roswell Project. Mr. Bell now moved to recommit to the Committee on Urban Renewal Agency. ADOPTED. RESOLUTIONS No. 182 By: Mr. Arthur Councilmember Pitts Excused That Councilmember Pitts be and hereby is excused from attendance at the meeting of July 12, 1994 due to his absence from the city. ADOPTED. No. 183 By: Mr. Collins Transfer of Funds Department of Audit and Control - Comptroller Division of Real Estate 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 $28,192 be and the same is hereby transferred from the Department of Audit and Control -Comptroller and said sums hereby reappropriated as set forth below: From: 100 General Fund 040 - Department of Audit and Control 001 - Comptroller 550 - Rental - Equipment/Bldgs/Land $28,192 To: 100 General Fund 043 - Division of Real Estate 001 - Real Estate Management 112 - Temporary Services $2,808 114 - Overtime Pay 500 135 - Auto Allowance 1,200 224 - Telephone Telegraph 500 402 - Data Processing Supplies 25 403 - Photo & Drafting Supplies 50 404 - Office Supplies 200 405 - Office Supplies - Inter Dept 75 432 - Janitorial 75 460 - Building Materials 1,000 504 - Auto - Other Services 100 523 - Repairs to Equipment & Machinery 150 560 - Building Repairs & Alteration 1,824 002-In Rem 112 - Temporary Services $8,100 114 - Overtime Pay 3,000 135 - Auto Allowance 600 224 - Telephone Telegraph 535 402 - Data Processing Supplies 300 404 - Office Supplies 100 405 - Office Supplies - Inter Dept 150 434 - Small Tools 100 460 - Building Materials 2,000 536 - Advertising 2,000 550 - Rental - Equipment/Bldgs/Land 1,600 573 - Engineering & Technical Services 1,200 Total $28,192 PASSED. AYES- 12 NOES- 0. No. 184 By: Mr. Collins Ordinance Amendment Chapter 96, Section 96-12(E) The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96, Section 96-12(E) of the Code of the City of Buffalo be amended to read as follows: Section 96-12(E) In the case of contracts for work and improvements where the amount does not exceed the sum of [five thousand dollars ($5,000.)] twenty thousand dollars ($20,000.), and in the case of contracts for the furnishing of materials, supplies and equipment where the amount does not exceed the sum of [three thousand dollars ($3,000.)] ten thousand dollars ($10,000.), a performance bond or other security shall not be required. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF GENERAL SERVICES. No. 185 By: Messrs. Collins & Pitts Set Public Hearing: Ellicott-Masten New Housing Project Amend Land Disposition Agreement M.J. Peterson/Forbes Housing, Co. Whereas, M.J. Peterson/Forbes Housing, Co. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of forty (40) residential units of new housing known as the Ellicott-Masten New Housing Project in the Community Wide Urban Renewal Homestead Program Area; and Whereas, The Agency and the Redeveloper have negotiated an amendment to said LDA to include the following: 99 Mortimer Street 103 Mortimer Street 105 Mortimer Street 109 Mortimer Street 111 Mortimer Street 113 Mortimer Street 115 Mortimer Street 123 Mortimer Street 127 Mortimer Street 130 Mortimer Street 131 Mortimer Street 133 Mortimer Street 137 Mortimer Street 511-517 William Street 616-620 South Division 471-473 South Division 276 Loring Street 170-176 Bennett Street 12-14 Hollister Street 18-30 Hollister Street The reason for this action is a result of a difficulty in marketing and in locating suitable sites; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 15th day of July 1994. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 26nd day of July 1994. ADOPTED. No. 186 By: Mr. Coppola Waive Block Party Permits For National Night Out Whereas: National Night Out will be held on Tuesday, August 2, 1994, between 6:00 and 10:00 pm; and Whereas: Some neighborhoods plan block parties to celebrate this event; and Whereas: The City of Buffalo now charges a $12 processing fee for block party permits; and Whereas: To encourage block clubs to participate in National Night Out activities, the city should waive the $12 processing fee for the permit to block city streets. Now Therefore Be It Resolved That To encourage participation of block clubs in this year's National Night Out activities on Tuesday, August 2, this Common Council supports the waiving of the $12 block party permit for that date. PASSED. AYES- 12 NOES- 0. No. 187 By: Mr. Coppola Support Development of Youth Soccer Programs Whereas: The Delaware Soccer Club has been in existence in the City of Buffalo since 1978 and presently sponsors 62 teams providing instruction and recreation for approximately 1,100 youths, and because of the popularity of the sport has had to expand to fields in the suburbs; and Whereas: There is a desire to expand youth soccer in the City of Buffalo and also provide the Delaware Soccer Club with a permanent home; and Whereas: The club also proposes offering Soccer in the Streets", a proven national inner city youth soccer/youth development program, which introduces and establishes youth soccer programs in economically and/or socially deprived inner cities, and encourages young people to resist the drug culture and to stay in school; and Whereas: Because of its proven track record with the youth of our city, it would be desirable to provide the Delaware Soccer Club with enough area within the city to accommodate ten or more fields, a practice bubble for year-round use, and a permanent home for the club, and to support the proposal to offer "Soccer in the Streets". Now Therefore Be It Resolved That This Common Council supports the Delaware Soccer Club's request for an area large enough to accommodate ten or more fields, a practice bubble for year-round use, and a permanent home for the club, and to support their proposal to offer "Soccer in the Streets" to inner city youth. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PARKS. No. 188 By: Messrs. Czajka & Pitts Set Public Hearing Proposed Land Disposition Agreement For A Portion of Disposition Parcel 3 - 2.02+/- Acres Rapid Service Engraving Co., Redeveloper Whereas, Rapid Service Engraving Co. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of a portion of disposition Parcel #3 in the New Buffalo Industrial Park. Whereas, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and Whereas, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 16th day of July 1994. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 26th day of July 1994. ADOPTED. No. 189 By: Messrs. Czajka and Pitts City Health Facility Whereas: The City of Birmingham, Alabama, with a population and workforce similar in size to that of Buffalo, recently completed a carefully controlled scientific wellness-at-the-worksite project that resulted in savings of $31 million in medical benefits costs; and Whereas: The program included medical screenings, a large, professionally staffed fitness center and a variety of health promotion and intervention programs; and Whereas: Partially funded and monitored by the National Institute of Health, Birmingham's study provided clear evidence that medical care cost containment can be achieved without reducing medical insurance coverage for its employees; and Whereas: Not only is it proven that such a program can save money, but it can also help to improve employee health, reduce stress in the workplace, and increase employee morale; and Whereas: Although the City of Buffalo does not likely have the funding to duplicate Birmingham's comprehensive program at this point, it is capable of implementing many facets of that program at a relatively modest cost; and Whereas: Such an effort in Buffalo would be aided by the fact that since 1988 the Wellness Institute of Greater Buffalo has managed a City "B-Well" Employee Wellness Program, offering city workers a variety of services and activities designed to promote positive lifestyle choices; and Whereas: These programs and activities have included blood pressure testing, fitness tests, educational workshops, employee health counseling, and various physical activity programs such as walking, stretching and stair climbing; and Whereas: The City of Buffalo should attempt to accelerate its wellness-at-the worksite activities by maintaining a spartan on-site fitness facility for city employees; and Whereas: The cost for such a facility would be modest, especially considering the significant potential for the donation of equipment, grant funding, employee contributions, etc.; and Whereas: This program could be conducted under the aegis of the Wellness Program, which has experience in developing and operating such facilities and has helped set up fitness facilities for the Police and Fire Departments; and Whereas: The benefits of having a city hall fitness room would far outweigh the cost of equipping and maintaining the facility; Now, Therefore Be It Resolved: That this Common Council requests that the Mayor designate an available and suitable area of City Hall, comprising at least 500 square feet and capable of containing showers, for an employee fitness facility; and Be It Further Resolved: That the Council requests that the "B-Well" Employee Wellness Program present an operational plan for such a facility. ADOPTED. No. 190 By: Messrs. Czajka and Franczyk and Mrs. Lockwood Prevent Dumping at the Foot of Smith Street Whereas: Smith Street ends at a vacant open area on the Buffalo River, parts of which are owned by the City and the NFTA; and Whereas: The Friends of the Buffalo River, in an effort to make this area more attractive to citizens wishing to hike, picnic, fish and enjoy the river, have been conducting annual cleanups at this site; and Whereas: The Friends have been frustrated because truckloads of new wastes are dumped on this site each year after their cleanup; and Whereas: They have requested the City to explore the possibility of constructing a gate across the roadway into this site to allow access by those who have a legitimate need to get vehicles into the area and to restrict access for illegal dumpers; Whereas: In addition, the US Fish and Wildlife Service has identified the foot of Smith Street as a desirable area for habitat restoration and has called for restrictions on motor vehicle access to prevent trash and debris deposition there; Now Therefore Be It Resolved, that: This Common Council requests the Department of Public Works and the Division of Real Estate, in cooperation with the NFTA and any other identified owners of this property, to construct a gate that would restrict access to the foot of Smith Street by illegal dumpers; and Be It Further Resolved, that: The City Clerk be directed to send a certified copy of this resolution to Richard Swist, Executive Director, NFTA, 181 Ellicott St., Buffalo, NY 14203. ADOPTED. No. 191 By: Messrs. Franczyk, Czajka and Fahey Safety Concerns at Buffalo Color Corp. Whereas: The Buffalo Color Corporation, located at 100 Lee Street in Buffalo, processes indigo blue dye for use in the blue jean industry; and, Whereas: The production of indigo necessitates the handling and processing of myriad dangerous chemicals and substances, such as cyanide, formaldehyde, analine oil, sodium and sodium metal; and, Whereas: With public safety pre-eminently in mind, it is of the utmost importance that Buffalo Color operates m a manner that does not jeopardize the adjoining neighborhoods or its employees, particularly in light of the explosion of an "experimental powder" at Allied Signal Corporation on July 12; and, Whereas: Safety concerns at Buffalo Color Corporation cannot be deemed entirely frivolous, particularly in light of the fact that the company laid off up to one hundred and fifty workers late last month; and, Whereas: The United Steel Worker union employees at Buffalo Color are locked out of the facility and are currently on strike, while a Buffalo Color communication states that "salaried employees have been trained to operate the plant. Whereas: Approximately ninety employees out of the original 240 workers are said to be operating the facility, including handling the dangerous substances mentioned above; and, Whereas: Concerns have been raised that the remainder employees, who have been reportedly hastily trained, may not in fact have the expertise to competently handle the potentially dangerous materials at the plant; and, Whereas: Buffalo Color has had environmental incidents in the recent past, including an oil spill into the Buffalo River due to improper supervision; and, Whereas: Notwithstanding Buffalo Color's recent financial problems, it is imperative that the "recently trained" employees at the facility, be sufficiently competent to deal with the dangerous substances handled at the facility. There have been allegations that some of the make-shift employees at the plant have not had sufficient training; and, Whereas: The City of Buffalo must be assured that the skeleton crew left at Buffalo Color is technically competent to handle the materials and work on the equipment at Buffalo Color, guaranteeing that the dangerous substances will not be a threat to the general public; Now Therefore Be It Resolved That: This Council hold a hearing in the next meeting of the Legislation Committee on safety issues in the Seneca-Babcock neighborhood with the following participants invited: Representatives from the Union at Buffalo Color, Buffalo Color Management, Allied Signal Management, the Seneca-Babcock Environmental Subcommittee, the Department of Environmental Conservation, the Buffalo Environmental Management Commission, and the Council appointed Good Neighbor Committee. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 192 By: Mr. Franczyk Include Check for Delinquencies on Bills Issued By City of Buffalo During Screening of Recipients of Housing Rehab Funds Whereas: The Department of Inspections and Community Revitalization has requested that this Common Council approve the provision of $398,260 in HOME program money for the rehabilitation of six properties in the City of Buffalo; and, Whereas: The Commissioner of the Department of Inspections and Community Revitalization has certified that each of the properties slated for rehabilitation have been checked for paid taxes; and, Whereas: The properties in question are to be rehabilitated by six separate owners; and, Whereas: A number of these individuals currently are in arrears on Water and Tax Bills as well as bills issued by the Department of Street Sanitation; and, Whereas: The worst offenders appear to be Karl A. and Linda Niedermeier of Clarence, NY, who currently owe the City of Buffalo ill excess of $20,000; and, Whereas: In addition to Mr. and Mrs. Niedermeier, the following owners are currently in arrears on City bills: Thomas Wilcox & Michael Secchiaroli of Buffalo, NY --over $500 Daniel Olushelski of Tonawanda, NY --over $6,000 Jeanne Heinrich of Orchard Park, NY --over $15,000 Whereas: It is outrageous that individuals who are in business to make a profit would apply for public funds, with one hand while ripping the public off with the other hand; therefore, Let It Be Resolved, That: In light of the fact that there are individuals who are apparently abusing the goodwill of the City of Buffalo in providing public funds for the rehabilitation of properties, City departments can no longer continue merely to check unpaid taxes on the property to be rehabilitated, but must complete a full background check on each owner applying for City funding to ascertain whether an individual or corporation has a pattern of nonpayment of bills for City services or taxes, and, Let It Further Be Resolved That: The screening process for applicants seeking any grants or loans of public funds through the City of Buffalo shall also include a check of any history of or currently existing housing violations; and, ADOPTED. No. 193 By: Mr. Perla Set Public Hearing Connecticut Street New Housing Project Approval of Amendment to Land Disposition Agreement Gal/Van Developers, Inc. Whereas, Gal/Van Developers, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of fourteen (14) residential townhouses known as the Connecticut Street New Housing Project in the Connecticut Street Revitalization Area; and Whereas, The Agency and the Redeveloper have negotiated an Amendment to said Land Disposition Agreement for the construction of eight (8) residential townhouses located at 426-438 Connecticut Street in the Connecticut Street Revitalization Area increasing the total number of townhouse units to twenty-two (22); and Whereas, said Amendment to Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Whereas, The properly at 426-438 Connecticut Street has a building situated at 432 Connecticut Street which must be demolished in order to complete the improvements contemplated by this Amendment, Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 15th day of July 1994. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m in the Council Chambers on the 26th day of July 1994. ADOPTED. No. 194 By: Mr. Pitts Set Public Hearing Emslie NDP New Housing Project Amend Land Disposition Agreement M.J. Ogiony Builders, Inc. Whereas, M.J. Ogiony Builders, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of sixty-two (62) residential units of new housing known as the Emslie NDP New Housing Project in the Community Wide Urban Renewal Homestead Program Area; and Whereas, The Agency and the Redeveloper have negotiated an amendment to said LDA to include the following: 32-40 Peckham Street 44-46 Peckham Street The reason for this action is a result of a difficulty in marketing and in locating suitable sites; and Whereas, The Agency and Redeveloper would also delete the following from said LDA: 564 William Street 110-116 Oneida Street 61-63 Pink Street; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 15th day of July 1994. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 26nd day of July 1994. ADOPTED. No. 195 By: Mr. Pitts Discharge Special Committee on CATV BCAM - Budget for Extension granted TCI (Item 85, C.C.P., May 31, 1994) Whereas, the above item is currently tabled in the Special Committee on CATV, and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Special Committee on CATV from further consideration of this item, and the item is now before the Common Council for its consideration. ADOPTED. Mr. Bell now moved that Item No. 85, C.C.P. May 31, 1994, be and the same is hereby approved. Seconded by Mr. Coppola. PASSED. AYES- 12 NOES- 0. No. 196 By: Mr. Zuchlewski Ordinance Amendment-Chapter 511 - Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-4(A) and (B-1) of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-4. Definitions. ADULT USES: A. ADULT BOOKSTORE - A commercial establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below for sale, rent or on-site viewing ("goods"). (1) ADULT VIDEO STORE - An establishment having, as a substantial or significant portion of its stock-in-trade, films, videotapes, video discs or computer programs for sale, rent or on-premises viewing, any of which contain specified sexual activities or specified anatomical areas, as defined below ("goods"). C. SUBSTANTIAL OR SIGNIFICANT PORTION - For purposes of this ordinance, substantial or significant portion shall mean 10% or more of its goods on display, 10% or more of the area of the store which is accessible by the public in which goods are displayed, sold or stored 10% or more of its inventory, 10% or more of the number of items on hand for sale or rent at retail or wholesale from premises which are also open to the public. [C.] D. SPECIFIED SEXUAL ACTIVITIES: (1) Human genitals in a state of sexual stimulation or arousal. (2) Acts of human masturbation, sexual intercourse or sodomy. (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. [D.] E. SPECIFIED ANATOMICAL AREAS: (1) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the areola. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 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 AND THE CITY PLANNING BOARD. No. 197 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: R. Daniel Arlotto Margaret M. Keane Sean Keane James Keane James P. Keane Margaret C. Keane Catherine E. Keane Timothy J. Higgins Timothy J. Whalen Thomas P. McNaughton Joseph R. Grew Carrie McCarthy Edward H. Klavoon Gerald P. Igoe Mary Powers Joseph C. Bremer Total: 16 ADOPTED. No. 198 Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing sate with the City Clerk: Patricia O'Neill DiVito Harold D. Tucker Total 2 ADOPTED. No. 199 Announcement or 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 Claims Tuesday, July 19, 1994 9:00 AM Civil Service Tuesday, July 19, 1994 Immediately following Finance Tuesday, July 19, 1994 Immediately following Legislation Tuesday, July 19, 1994 2:00 PM Economic Dev Wednesday, July 20, 1994, 10:00 AM U R Agency Wednesday, July 20, 1994, 1:00 PM Ancillary Committees Casino Gaming T.F. Wed., July 13, 1994 10:00 a.m. Rm. 1417 Auditorium/Stadium T.F. Fri., July 15, 1994 10:00 a.m. Rm 1417 No. 200 Adjournment On a motion by Mr. Bell, Seconded by Mrs. LoTempio the Council adjourned at 3:55 P.M. Charles L. Michaux, III City Clerk