Loading...
HomeMy WebLinkAbout94-0726 1No. 15 Common Council Proceedings of the City of Buffalo Regular Meeting, July 26, 1994 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER James W. Pitts COUNCILMEMBERS-AT-LARGE Clifford Bell Eugene M. Fahey Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware James W. Pitts - Ellicott David A. Franczyk Fillmore David J. Czajka Lovejoy David A. Collins Masten Carl A. PerIa Jr. Niagara Dale Zuchlewski North Bonnie K.Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : Rosemarie LoTempio, Chairman, Alfred T. Coppola, Eugene M. Fahey, Kevin J. Helfer, James W. Pitts, Members CLAIMS COMMITTEE : David A. Franczyk, Chairman, David J. Czajka, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski, Members ECONOMIC DEVELOPMENT COMMITTEE: Carl A. Perla, Jr. Chairman, Clifford Bell, David Collins, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. FINANCE COMMITTEE: David A. Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevn J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Kevn J. Helfer, James W. Pitts, Members URBAN RENEWAL: Clifford Bell, Chairman, Alfred T. Coppola, David J. Czajka, David A. Franczyk, Kevin J. Helfer, Members SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV: James W. Pills, Chairman, George K. Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski. SPECIAL COMMITTEE ON EDUCATION: Dale Zuchewski, Chariman, David J. Czajka, Kevn J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr. ERIE BASIN MARNA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Clifford Bell, Eugene M. Fahey, Kevin J. Helfer, Bonne K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. PARKS CONSERVACY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee. POLICE REORGANIZATION TASK FORCE: Eugene M. Fahey, Chairman; George K. Arthur, Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio. Michael Trimboli, Edward C. Hempling, Kenneth R. Kirby, George J. Panepinto, Martha Dippel. James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. GREENWAY TASK FORCE: Brian Higgins, Chairman, James August, Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy.Davd P. Comerford, Tammy Barnes, Terry Wherry CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, July 26, 1994 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood, LoTempio, Perla, Pitts, and Zuchlewski- 13. ABSENT- None. On a motion by Mr. Pitts, seconded by Mr. Bell, the minutes of the stated meeting held on July 12, 1994 were approved. FROM THE MAYOR No. 1 Veto Message - Authorize PILOT Agreement- 104 Lewis Street Item No. 135, C.C.P., June 28, 1994), The above referenced item requests a tax exemption and PILOT Agreement that will extend for a period as long as 40 years. I am not opposed to the project, but upon advice of the Commissioner of Administration and Finance, Commissioner of Assessment and the Corporation Counsel's office, passing this project at this point is premature. Any agreement we enter into should allow for periodic review of the terms. The value of money changes over time, and to ensure the City receives full should not lock ourselves in a rate structure that is not sensitive to the economic climate at the time We should also have assurances that the project maintains its eligibility under Section 577 of the Private Housing Finance Law. As it is the City granting the exemption, we have a duty to monitor the progress of the project. An annual review would assure compliance and aid in our general assessment of the project. It is not my intention to derail the 104 Lewis PILOT Agreement. An amended resolution addresses the concerns of the Commissioners of Administration and Finance and Assessment would meet with my approval. Until such time, I must return this item without my approval. Mr. Pitts moved to receive and file the above item; seconded by Mr. Helfer. ADOPTED. AYES- 13 NOES- 0. No. 2 Veto Message - Pano Georgiais, Petition to use 1081 Elmwood for a Sit-in Restaurant Item No. 156, C.C.P., June 28, 1994 The above referenced item approves the petition of Pano Georgiadis (the "Petitioner") to use 1081 Elmwood Avenue for a sit-in restaurant. The site is currently a privately owned parking lot available for use by the general public in the Elmwood Avenue Business District. Although I appreciate that the Petitioner wishes to make such further investment in this community, as presented, the Petitioner's restaurant would exacerbate existing parking shortages in that particular area of the Elmwood Avenue Business District. Accordingly, absent a feasible plan to meet the growing parking demands of the Elmwood/Forest area, I must veto this item at this time. I would urge the Council to re-evaluate the petition in light of the parking requirements of the Elmwood/Forest community. Until such time, I return this item without my approval. Mr. Pitts now moved to sustain the Mayor's veto on the above item; seconded by Mr. Coppola. ADOPTED. No. 3 Reappointment of Member as Chairman of the Emergency Medical Services Board Pursuant to the powers vested in me by Section 6 of the City of Buff also, I hereby reappoint Rev. John R. Gaglione, residing at 795 Main Street, Buffalo 14203 to continue as Chairman of the Emergency Medical Services Board. I hereby certify that Rev. John R. Gaglione, through his many years as Chairman of this board, is fully qualified to serve as Chairman. RECEIVED AND FILED. No. 4 Reappointment as a Member of the Horizons Waterfront Commission, Inc. Pursuant to the powers vested in me by Section 3 (ii) of Article II of the By-Laws of the Horizons Waterfront Commission, Inc., as amended, I hereby reappoint Carl P. Paladino, residing at 282 Potters Road, Buffalo 14220 as a voting director of the Horizons Waterfront Commission, Inc. for a term expiring March 2, 1996. I hereby certify that Carl P. Paladino is fully qualified for reappointment as a voting director of the Horizons Waterfront Commission, Inc. RECEIVED AND FILED. No. 5 Appointment of Member of Board of Appeals Pursuant to the powers vested in me by Chapter 511, Section 121, Article XXIV of Part II of the Code of the City of Buffalo, I hereby appoint Paul Volcy, residing at 407 West Delavan Avenue, Buffalo 14213, as a member of the Board of Appeals, effective July 26, 1994 for a term expiring March 11, 1997. Mr. Volcy is replacing Kenneth F. Krzykowski, whose term expired on March 11, 1994. Paul Volcy has been a practicing attorney since 1978 in New York State, Federal Bar, Western District of New York, Northern District of New York in 1986 and Second Circuit Court of Appeals, 1981. Mr. Volcy is very active in the Hispanic community and is a member of the WNY Hispanic & Friends Civic Association; Hispanic Organized for Progress & Education. I hereby certify that Paul Volcy is fully qualified for appointment to the Board of Appeals. RECEIVED AND FILED. No. 6 Appointment of Members to Stadium & Memorial Auditorium Board Pursuant to the powers vested in me by Section 109A of the Charter of the City of Buffalo, I hereby appoint, subject to your confirmation, the following persons listed below to the Stadium and Memorial Auditorium Board for terms expiring June 30, 1999. Lana Benatovich 43 Middlesex Rd. Buffalo, N.Y. 14216 Ms. Benatovich is Executive Director of NCCJ. She has worked diligently to form a partnership among all the people of the City of Buffalo. Ms. Benatovich will be replacing Raymond McUurn whose term has expired. Nancy Brock 66 Claremont Ave. Buffalo, N.Y. 14222 Ms. Brock is Vice President, Corporate Communications, M & T Bank and was formerly Public Relations Director for Ellis Singer Webb & Associates. She is a graduate of Vanderbilt University and is a member of the Arts Council, Buffalo Alliance for Education, Women for Downtown. Ms. Brock is filling a vacancy. Andrew DiVincenzo 1834 William St. Buffalo, N.Y. 14206 Mr. DiVincenzo is a top Chef and restaurant owner in the City of Buffalo. He is a former Board Member of the March of Dimes and former Director of Camp Good Days & Special Times. Leroi C. Johnson 160 Rivermist Drive Buffalo, N.Y. 14202 Mr. Johnson is an attorney with Siegel, Kelleher & Kahn and was former Vice President & Chief Managing officer of Mary Jane Productions - largest minority music publishing company of the 1980's, Executive Director of Columbia Minority Business Opportunity Commission. He will be filling a vacancy. Abrigail Rivera 245 Parkside Ave. Buffalo, N.Y. 14214 Ms. Rivera is a Spanish Speaking Caseworker in the Community Alternative System. She was formerly a Spanish Speaking Welfare Examiner with Erie County and is very active in the Hispanic Community. James T. Sandoro 24 Myrtle Ave. Buffalo, N.Y. 14204 Mr. Sandoro is an experienced business man and owner of Buffalo Motor Car. He has been very active in the sports community. Mr. Sandoro is filling a vacancy. I hereby certify that the above listed persons are fully qualified for appointment to the Stadium and Memorial Auditorium Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 Appointment of Members to City Planning Board Pursuant to the powers vested in me by Section 316 of the Charter of the City of Buffalo, I hereby appoint, subject to your confirmation, the following persons listed below to the City Planning Board for terms expiring March 11, 1997: Susan Curran Hoyt 70 North Pearl St. Buffalo, N.Y. 14202 Ms. Hoyt has been in commercial real estate for the past ten years. She also served as regional director, WNY office for Sen. Daniel Patrick Moynihan and was marketing manager for ECIDA, as well as Asst Vice President, Public Affairs for Marine Midland Bank. Ms Hoyt is replacing Elizabeth Ruddy who resigned. James K. Morrell 65 Durham Ave. Buffalo, N.Y. 14206 Mr. Durham graduated from S.U.N.Y. at Buffalo with a Masters degree in Urban Planning. He is presently employed as a Transportation Planner I with the NFTA, and is a member of the American Planning Association. Mr. Morrell replaces Mr. Howard T. Ford who has moved to Orchard Park. Cynthia A. Schwartz 833 Auburn Ave. Buffalo, N.Y. 14222 Ms Schwartz has worked at Roswell Park Cancer Institute for the past 15 years. She is presently Director of Government and External Affairs, is a member of the Major Modernization Core Committee which directed the planning and development at Roswell Park. Ms. Schwartz replaces Mr. James Krasowski whose term expired. I hereby certify that the above listed persons are fully qualified for appointment to the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 8 Appointment of Members to Board of Parking Pursuant to the powers vested in me by Section 109R of the Charter of the City of Buffalo, I hereby appoint, subject to your confirmation, the following persons listed below to the Board of Parking for terms expiring March 31, 2001. Gerald Carriero 426 Parker Ave. Buffalo, N.Y. 14216 Mr. Carriero is a President/CEO Real Estate Management Company and a registered Republican. He is a graduate of Canisius College and a member of the National Apartment Owners Association and Erie County Commission on the Homeless. Mr. Carriero is replacing Thomas Bowen. Wayne F. Chelikowsky 51 Jewett Pkwy. Buffalo, N.Y. 14214 Mr. Chelikowsky is the Director of Administration of the Erie County Water Authority and former Vice President, D'Youville College. He is an experienced and capable general manager, a past president of the Buffalo Chapter of the American Marketing Association and American Institute of Banking and a registered Democrat. Mr. Chelikowsky is replacing Carl Paladino who resigned. R. Maura Cohen 167 Windsor Ave. Buffalo, N.Y. 14209 Ms. Cohen is a seasoned professional project manager who uses analytical and interpersonal marketing programs. She is president and founder of Specialist in marketing for small business and Vice President of Hickory Bonway Travel and a registered republican. Ms. Cohen is filling a vacancy. Sherrill Colston 333 Parker Ave. Buffalo, N.Y. 14216 Mr. Colston is owner of Colston Mobil Service Station and is a prominent business community leader. He is a member of the NYS Chamber of Commerce, Buffalo Better Business Bureau, WNY Retail Gasoline Association. He is registered Democrat and will be filling a vacancy. Richard T. Reinhard 8 Harbour Pointe Buffalo, N.Y. 14202 Mr. Reinhard is the Executive Director, Buffalo Place Inc. He has a Master of Business & Public Management degree and is a member of the Board of Directors of Greater Buffalo Convention & Visitors Bureau, Board of Trustees Theodore Roosevelt Inaugural Site, etc. Mr. Reinhard is a registered Blank and will be filling a vacancy. Henry J. Osinski 195 Parkside Ave. Buffalo, N.Y. 14216 Mr. Osinski is a prominent business & community leader who has worked more than 60 years to help better the city of Buffalo. Presently he is very active with numerous senior citizen groups. Mr. Osinski is a registered Democrat and is filling a vacancy. I hereby certify that the above named persons are fully qualified to serve. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 9 Comments- Proposed Adult Residence 844 Amherst I am writing in response to your letter of July 14, 1994 concerning the proposed Adult Residence at 844 Amherst. You asked me for my comments and/or recommendations regarding a letter received by Mr. Joseph Pawlik, Vice Chairman of Plymouth United Church of Christ. The letter refers to residents not being aware of the public hearing. I thoroughly investigated this claim and found the assertion to be true. The hearing notices were delayed in the City Hall mail room and did not, in some cases, arrive until the day before the hearing. With this in mind, I contacted Mr. Pawlik and met with him and two other residents of the neighborhood on Wednesday, July 20 to hear their concerns. A major concern of this group, as mentioned in the letter, was the physical condition of this building. The letter went on to question how the city could afford to renovate this structure. It is important to note that People Inc., not the city, is both the owner and responsible party for rehabilitation of this property. This building will have to meet code, like any other structure, before people are allowed to live in these units. As required under the site-selection law of the State of New York, I will render a decision regarding the use of this property for the developmentally disabled by July 25th, 1994, taking into consideration comments made during the public hearing and the private meeting with concerned residents. RECEIVED AND FILED. No. 10 Intent to Appoint Charter Review Commission Having consulted with staff and members of the Common Council leadership, I transmit to letter to apprise your august body of my intention to convene a Charter Review Commission in accordance with provisions of the Municipal Home Rule Law. I do so primarily for the expressed intention of stimulating more complete, coherent, and cogent discussion regarding the entire question of term limits which has been raised in the City of Buffalo. By assembling reasoned, responsible voicing to undertake deliberation of the matter, 1 am confident we can provide the people of Buffalo with sufficient information from which to mold their personal opinions regarding term limits. Furthermore, we have already collaborated on the funding of a comprehensive "re-engineering study" which has the potential to completely change the make-up and service delivery of city government. The Charter Review Commission could be extremely helpful in driving the dialogue and shaping the new direction in which city government must move to maximum customer service. As provided for, in the previously cited law, I will transmit the names of the Commission members to the City Clerk and will simultaneously provide them to the Council. Having consulted with staff and members of the Common Council leadership, I transmit to letter to apprise your august body of my intention to convene a Charter Review Commission in accordance with provisions of the Municipal Home Rule Law. I do so primarily for the expressed intention of stimulating more complete, coherent, and cogent discussion regarding the entire question of term limits which has been raised in the City of Buffalo. By assembling reasoned, responsible voicing to undertake deliberation of the matter, I am confident we can provide the people of Buffalo with sufficient information from which to mold their personal opinions regarding term limits. Furthermore, we have already collaborated on the funding of a comprehensive "re engineering study" which has the potential to completely change the make-up and service delivery of city government The Charter Review Commission could be extremely helpful in driving the dialogue and shaping the new direction in which city government must move to maximum customer service. As provided for in the previously cited law, I will transmit the names of the Commission members to the City Clerk and will simultaneously provide them to the Council. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 11 J. Brinkworth - Request to Convert Restaurant at 3403-3411 Bailey Into Motorcycle Sales and Repair Item No. 108, C.C.P., July 12, 1994 The City Planning Board at its regular meeting held July 19, 1994, considered the above request pursuant to Section 511-65 of the Buffalo Code, Kensington Bailey Special Zoning District. The applicant seeks to expand an existing motorcycle sales and repair shop into an adjacent restaurant. The proposed expansion will be approximately 3,040 square feet. The site is located in the Kensington-Bailey district which considers the creation or expansion of such uses to be restricted uses requiring the approval of your Honorable Body. (N.B., The Kensington Bailey district does not make specific reference to "motorcycle" sales and service, but it does specify "automobile" sales and service as restricted uses.) Under SEQR the proposed expansion is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed expansion pursuant to the regulations of the Kensington-Bailey Business District. RECEIVED AND FILED. No. 12 Canisius College - Request to construct two handicap ramps and two restrooms at 2091 Main St Item No. 105, C.C.P., July 12, 1994 The City Planning Board at its regular meeting held Tuesday, July 19, 1994 considered the above request pursuant to Section 511.68.1, The Hamlin Park Overlay Review District. The applicant seeks to place two handicap ramps at the following locations: 1. parallel to Main Street to access the front yard grade of the property from the sidewalk grade. This ramp will measure approximately 25 feet by 8 feet; 2. on the southeast corner of the former St. Vincent De Paul Church to access the building grade from the grounds of the structure. This ramp will measure approximately 36 feet by 8 feet. The applicant also seeks to place two restrooms in the building. Both the ramps and the restrooms will facilitate the reuse of the church as a lecture hall and cultural center for Canisius College. The site is located in an R2 zone which permits such uses, albeit, the first ramp encroaches the "front yard" of the Church and must therefore be approved by the Zoning Board of Appeals. Under SEQR the proposed ramps and restrooms are considered Type Il actions which do not require further environmental review. The Planning Board voted to approve the proposed ramps and restrooms. RECEIVED AND FILED. No. 13 Canisius College - Request to Enlarge an Existing Parking Lot Item No. 106, C.C.P., July 12, 1994 The City Planning Board at its regular meeting held Tuesday, July 19, 1994 considered the above application pursuant to Sections 511-68.1 and 511-97 of the Buffalo Code, Hamlin Park Overlay Review District and the Review of Screening for off-street parking lots. The applicant seeks to demolish a brick and stone building to create a 30-car parking lot for Canisius College The site is located in an R2 district which permits accessory parking for permitted uses. The proposed lot will be contiguous to an existing 170-car lot used by the college. Access to the new lot will be through Eastwood Place. The applicant proposed to screen the proposed lot with a decorative hedge. Concerns were raised by the Board over the impact of the parking lot addition on Eastwood Place residences, but it was determined that the new lot would only add 30 cars to the existing 170-car lot. Moreover, it was felt that the proposed lot would relieve the on-street parking problems of the area. Lastly, the Board questioned whether an entrance through the campus rather than Eastwood Place would be feasible. On this point, the applicant indicated that the master plan for the college did provide for a new entry configuration but that the plans for the new entry are in the embryonic stage Under SEQR the proposed lot is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed parking lot on the condition that the vegetative screen proposed for the new lot be extended to the existing lot on Eastwood Place. RECEIVED AND FILED. No. 14 9274 Group Inc. - Request to Erect an Illuminated Pole Sign at 1370 Broadway Item No. 104, C.C.P., July 12, 1994 The City Planning Board at its regular meeting held Tuesday, July 19, 1994, considered the above application pursuant to Section 387-19 of the Buffalo Code, the review of pole signs. The applicant seeks to place a 6 foot by 6 foot (36 square feet) pole sign which will be 19 feet in overall height. The sign will be accessory to the principal uses on the site and will be placed entirely on private property. The site is located in a C2 zone which permits such signage. Under SEQR the matter may be considered a Type II action which does not require further environmental review. The Planning Board voted to approve the sign as requested. RECEIVED AND FILED. No. 15 J. Nucherino - Request to Rezone 2503 Niagara From R3 to R5 Item No. 103, C.C.P., July 12, 1994 The City Planning Board at its regular meeting held Tuesday, July 19, 1994, considered the above petition pursuant to Section 511-126 of the Buffalo Code, Amendments to the Zoning Ordinance. The applicant seeks to rezone the property referenced above from R3 to R5 to permit a law office. The present zoning, R3, does not permit such uses. Consequently, he petitioner is seeking the R5 zoning classification. While the Board had no objection to the proposed rezoning, concern was expressed over the fact that the R5 zone also permits uses which could have a negative impact on the neighborhood if the petitioner would vacate the premises. Consequently, the Board voted to approve the following Special Development Plan for the subject project: Special Development Plan, Serial No. 24 J. Nucherino, Petition to Rezone 2503 Niagara Street from R3 to R5 WHEREAS, a petition was filed with the Common Council to change the zoning classification of 2503 Niagara Street from an "R3" zoning district to an "R5" zoning district; and WHEREAS, the petition was referred to the Committee on Legislation which held a hearing on the matter July 19, 1994; and WHEREAS, the petitioner was referred to the City Planning Board which reviewed the matter on July 19, 1994; and WHEREAS, the City Planning Board recommended rezoning to an "R5" subject to the Special Development Plan procedure of the Zoning Ordinance; NOW, THEREFORE, the Common Council of the City of Buffalo does hereby ordain as follows: That part of Article XXV of the Ordinances of the City of Buffalo, as it relates to the use map thereof, is hereby amended to show an "R5" Apartment Hotel District instead of an "R3" Dwelling District for the premises known as 2503 Niagara Street, Buffalo, New York, more particularly described as follows: All that tract or parcel of land, situate in the City of Buffalo, County of Erie and State of New York, being part of the Jones Tract, so called, bounded and described as follows: Beginning at a point in the easterly line of Niagara Street, distant thirty (30) feet south of the point of intersection of said line of Crowley Avenue running thence southerly parallel with Niagara Street twenty-seven and thirteen hundredths (27.13) feet; thence easterly at an exterior angle of ninety-seven degrees- twenty-five feet- seventeen inches, one hundred twenty-nine and two tenths (129.2) feet; thence northerly sixty and forty-four hundredths (60.44) feet; thence westerly one hundred twenty (120) feet westerly along the southerly line of Crowley Avenue to the place of beginning. WHEREAS, under the aforestated Special Development Plan, pursuant to the provisions of the first two paragraphs of Subdivision (F) of section 511-126, article XXV of the Ordinances of the City of Buffalo, this special development plan shall be known as "Special Development Plan, Serial No. 24," the following conditions and limitations are placed upon the above described premises: 1. that the use of the property would allow any use permitted in the R5 zone except: A) Rooming or Boarding Houses; B) Fraternity or Sorority Houses and C) Nursing or Convalescent Homes. 2. that Special Development Plan Serial No. 24 shall take effect, 1994. 3. No modification of this Special Development Plan shall be permitted except upon application, as for rezonings, under Section 511-125 of Article XXV with notice and public hearing. 4. Any building or use permit issued for the property involved in Special Development Plan Serial No. 24 shall conform to the requirements of the Special Development Plan as approved, in which case the permit shall contain all conditions and limitations placed thereon by the Common Council. If a building or use permit is not issued within a six (6) month period after the proof of filing with the County Clerk's Office has been filed with the City Clerk of the City of Buffalo, said approval shall be void and the zoning classification shall be as it was when the rezoning petition was filed. 5. As a condition to the issuance of any and all permits by the City of Buffalo, the petitioner shall be required to comply with all pertinent ordinances, statutes, rules and regulations. RECEIVED AND FILED. No. 16 U.S. Army Corps of Engineers - FONSI for Black Rock Lock Berm Item No. 101, C.C.P., July 12, 1994 The City Planning Board at its regular meeting held Tuesday, July 19, 1994, considered the above matter pursuant to Section 317.1 of the City Charter, Referable Matters to the City Planning Board. The matter captioned above deals with the U.S. Army Corps of Engineers' Finding of No Significant Impact (FONSI) for the proposed construction of a 50 foot by 200 foot access berm between Squaw Island and the west guide pier of the Black Rock Lock. The FONSI, prepared by the Corps, was sent to your Honorable Body for comment. The Planning Board has reviewed the FONSI described above and agrees that no significant impact on the environment will occur from the construction of the berm. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 17 Ganco Inc.- Use of 2 Fuhrmann The City Planning Board at its regular meeting held Tuesday, July 19, 1994, voted to table the above-referenced matter until the applicant can provide the following items for the Board's review: 1. Documentation acceptable to responsible city departments that the unauthorized boat storage building is structurally sound and meets all applicable code requirements as well as the correction of all other code violations relating to the boat docks and slips, the grain elevator and the grounds of the marina. 2. Drawings prepared by a licensed architect showing existing floor plans and elevations of all buildings on the site as well as stamped drawings showing the proposed treatment of such buildings. 3. A stamped site plan prepared by a licensed landscape architect which will show the location of all buildings, docks, parking areas, landscape elements, screening, lighting and other site elements for the marina. 4. An agreement in which the applicant agrees to discount the cost of the unauthorized boat storage building if, in the future, the city decides to purchase the site, or a portion thereof for a public purpose. 5. An agreement in which the applicant agrees to discount the cost of demolition of tie unauthorized boat storage building if, in the future, the city decides to purchase the site and clear it for a public purpose. The Planning Board members agreed to convene a special meeting with the applicant when he completes these elements and to report its findings to your Honorable Body as soon as practicable. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF PARKING No. 18 Lease Renewal Buffalo Civic Auto Ramps, Inc. Buffalo Civic Auto Ramps Inc. has operated the downtown parking system since 1954. The current five year lease agreement expired June 30, 1994. Attached for your consideration and approval is a three year (with an additional two year option) lease renewal. The lease renewal requires B.C.A.R. to pay all operating expenses and the following debt service on the city general obligation bonds issued: 1994-95 - $3,903,780 1995-96 - $3,772,426 1996-97 - $3,712,261 1997-98 - $3,667,801 1998-99 - $3,580,191 I am also attaching a March 23, 1994 letter from Paul C. Weaver, secretary and legal counsel to B.C.A.R., to Mayor Masiello outlining B.C.A.R.'s history. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMPTROLLER No. 19 Certificate of Necessity Transfer of Funds Water Division - Exempt Items Water Division - Servicing Automotive Equipment 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 $34,000 be transferred and reappropriated from Water - Exempt Items, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, July 18,1994 RECEIVED AND FILED. No. 20 Certificate of Necessity Increased Appropriation Reserve for Capital Appropriations Division of Inventory and Stores We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $2,220 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - Division of Inventory and Stores to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050- Reserve for Capital Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, July 21, 1994 RECEIVED AND FILED. No. 21 Certificate of Necessity Transfer of Funds Exempt Items- Reserve for Capital Improvements Capital Projects Fund- Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $10,000 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments- Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, July 21, 1994 RECEIVED AND FILED. No. 22 Certificate of Necessity Transfer of Funds Division of Budget and Management Division of Engineering We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $115,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: Dated: Buffalo, NY, July 25, 1994 RECEIVED AND FILED. No. 23 Certificate of Necessity Transfer of Funds Department of Fire- Fire Fighting Services Department of Fire- Fire Defense & Training Services 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 $7,000 be transferred and reappropriated from the Department of Fire- Fire Fighting Services, as set forth below: Dated: Buffalo, NY, July 22, 1994 RECEIVED AND FILED. No. 24 BPO - Request Release of Grant-in-Aid Funds Res. # 86 C.C.P. July 12, 1994 If and when the Common Council authorizes the funding of the grant-in-aid for the BPO, this office will release payment thereof provided all such funds are in place and all pertinent contracts and agreements have been properly administrated. RECEIVED AND FILED. No. 25 Permission to Negotiate 135 Bennett, E 339' N William Vacant Lot Size: 25' x 132' Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate has received a request from Rosevelt Coleman of 139 Bennett Street, Buffalo, New York to purchase the above captioned City-owned property. Ms. Coleman is requesting to purchase 135 Bennett, which is adjacent to his property, for extra yard space. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Rosevelt Coleman for the above mentioned property and will report back to Your Honorable Body with results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, July 12, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Rosevelt Coleman, Buffalo, New York, for the private sale of 135 Bennett and report to this Honorable Body the results of such negotiations. ADOPTED. No. 26 Permission to Negotiate 139 Doat, E Corner Goembel Lot Size: 30' x 102' Assessed Valuation: $22,500 Iand: $ 2,300 Improvement:$ 22,500 The Office of the Comptroller, Division of Real Estate has received a request from George Faust, Attorney at Law on behalf of Mr. James Polk to purchase the above captioned City-owned property. Mr. Polk is requesting to purchase 139 Doat for his own residence. The Collections Office was contacted and there are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with James Polk for the above mentioned property and will report back to Your Honorable Body with results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, July 19, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. James Polk, Buffalo, New York, for the private sale of 139 Doat and report to this Honorable Body the results of such negotiations. ADOPTED. No. 27 Negotiate Private Sale Abandon/Sale - Portion of Holly Street for New Housing The Office of the Comptroller, Division of Real Estate, has received a request from Joseph and Christine Serafin h/w,, 149 Fenton Street, Buffalo, New York to purchase a portion (50 feet by 360 feet) of Holly Street, a paper street, to construct a new home for their private residence. The Departments of Community Development, Public Works, Sewer, Water, Inspections and Community Revitalization and City Planning Board have been contacted. All departments have responded and there are no objections to the abandonment and sale of this property. As a matter of disclosure, Mrs. Christine Serafin is an employee in the Department of Public Works, Division of Engineering and has been informed of the procedures to acquire this property. They have already provided this office with a plan of the new home and proof of financial ability to acquire the land and build the improvements. In section 513 of the City Charter, "the Council may by a two-thirds vote of all the members elected thereto authorize the sale of real property acquired by the City for public use.. .or of any unappropriated or abandoned portions of real property so acquired". In accordance with this section Mr. and Mrs. Serafin would have to petition Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the real property to be abandon and sold. The results of the appraisals are filed with the Erie County Clerk and the Common Council for final approval and abandonment. I am recommending that Your Honorable Body authorize this office to negotiate the sale of the property to Mr. and Mrs. Serafin. The results of their petition to Supreme Court and the appraiser's values will be reported to Your Honorable Body for final authorization of the abandonment and sale. The final abandonment will not take place until the transfer of title occurs. Mr. Pitts moved: That the communication from the Comptroller dated, July 19, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. and Mrs. Joseph Serafin, Buffalo, New York, for the private sale of a portion of Holly Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 28 Permission to Negotiate 31 Krettner, E 279' S William Vacant Lot Size: 26' x 105' Assessed Valuation: $1,500 The Office of the Comptroller, Division of Real Estate has received a request from Mrs. Lillie Nearror 35 Krettner Street, Buffalo, New York to purchase the above captioned City-owned property. Mrs. Nearror is requesting to purchase 31 Krettner, which is adjacent to her property located at 33 Krettner, for extra yard space. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Mrs. Lillie Nearror for the above mentioned property and will report back to Your Honorable Body with results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, July 13, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mrs. Lillie Nearror, Buffalo, New York, for the private sale of 31 Krettner Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 29 Permission to Negotiate 96 Purdy, W 100' N Glenwood Vacant Lot Size: 25' x 100' Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate has received a request from Curlean Barlow of 98 Purdy, Buffalo, New York to purchase the above captioned City-owned property. Ms. Barlow is requesting to purchase 96 Purdy for extra yard space. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Curlean Barlow for the above mentioned property and will report back to Your Honorable Body with results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, July 12, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Curlean Barlow, Buffalo, New York, for the private sale of 96 Purdy and report to this Honorable Body the results of such negotiations. ADOPTED. No. 30 Permission to Negotiate 83 Tenth, NE 133.50' NW Virginia Vacant Lot Size: 37.50' x 41 w/a/p 26' x 16' in Rear Assessed Valuation: $4,000 The Office of the Comptroller, Division of Real Estate has received a request from Hispanics United of Buffalo, Carlos Albarran, Housing Coordinator of 254 Virginia Street Buffalo, New York to purchase the above captioned City-owned property. The Hispanics United of Buffalo is requesting to purchase 83 Tenth Street, for off-street parking for their organization. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with the Hispanics United of Buffalo for the above-mentioned property and will report back to Your Honorable Body with results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, July 12, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Hispanics United of Buffalo, Buffalo, New York, for the private sale of 83 Tenth Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 31 Results of Negotiations 640 Michigan 252' N Sycamore Strip of Land 7' x 186' Assessed Valuation - $50.00 Item No. 19, C.C.P. 2/24/94 In the above referenced item Your Honorable Body authorized the office of the Comptroller, Division of Real Estate, to negotiate a private sale with Twins Partnership represented by Mr. Gerald Kayser, 327 Elm Street, Buffalo, New York 14203, to acquire this strip of land adjacent to their property located at 327 Elm Street. The parcel will be used to square off their property. An independent appraisal of the property was conducted by Mr. John D. Bonner, Appraiser. He has estimated the value of the property to be Two Hundred Dollars ($200). The appraiser's value represents approximately Eight Cents ($.08) per square foot for the subject property. The value was arrived at by the appraiser using residential sales. The subject property is zoned commercial. The Division of Real Estate has investigated the sales of similar commercial properties in the area. Sale prices for commercial property range from Thirty-Six Cents ($.36) a square foot to Sixty-Five Cents ($.65) square foot. The results of our negotiations are that Mr. Kayser, on behalf of Twins Partnership, has agreed and is prepared to pay Four Hundred Dollars ($400) for the subject property. This represents approximately Thirty-One Cents ($.3 1) a square foot. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee, and cost of legal description. Although the price offered is lower than the market value of commercial property in the area, I am recommending that Your Honorable Body approve the sale of 640 Michigan Avenue to Twins Partnership. The property has only 7 foot of frontage, has very little utility and there has been no interest in the property since acquired by the City in 1974. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 32 Results of Negotiation - 36 Myers, W 246 S Best Vacant Lot 30' x 115' Assessed Value - $1,500 Item No. 20, C.C.P. 12/28/93 In the above referenced item Your Honorable Body authorized the office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Rodney Gilliam and Cindy, his wife, 16 Myers, Buffalo, New York to purchase the above captioned property to expand their yard area. An independent appraisal of the property was conducted by James H. white, Appraiser, 537 Humboldt Parkway, Buffalo, New York 14208. He has estimated the fair market value of the property to be Eight Hundred and Seventy-Five Dollars ($875). This value represents approximately Twenty-Five Cents ($.25) per square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Twenty-Three Cents ($.23) a square foot to Thirty-One Cents ($.31) a square foot. The results of our negotiations are that Mr. and Mrs. Gilliam have agreed and are prepared to pay Eight Hundred Dollars ($800) for the subject property which is Twenty-Three Cents ($.23) a square foot. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee, and cost of legal description. I am recommending that Your Honorable Body approve the sale 36 Myers to Rodney and Cindy Gilliam in the amount of Eight Hundred Dollars ($800). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated July 21, 1994, be received and filed; and That the offer of Mr. Rodney Gilliam and Cindy, his wife, 16 Myers, Buffalo, New York, in the sum of $800.00 (Eight Hundred Dollars) to purchase the property described as 36 Myers Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED AYES- 13 NOES- 0. No. 33 Results of Negotiations 40 South Pierce Vacant Lot 95' x 275' S corner Seward Assessed valuation $8,800 Item No. 197, C.C.P. 5/31/94 In the above referenced Council Resolution Your Honorable Body authorized the office of the Comptroller, Division of Real Estate, to negotiate a private sale with Donald and Pamela Grzebielucha, 182 Newfield, Buffalo, New York. Mr. and Mrs. Grzebielucha intend to purchase this property and construct a market rate home to live in. As Your Honorable Body was informed in the Council Resolution Mr. and Mrs. Grzebielucha are both employees of the City of Buffalo. Mr. Grzebielucha is employed in the Department of Inspections and Community Revitalization and Mrs. Grzebielucha is employed in the Department of Audit and Control, Division of Real Estate. They have complied with all the procedures to acquire this property. They have also provided this office with information showing that they have the financial ability to complete the purchase of the land and construction of the home. An independent appraisal of the property was completed by Frank A. Pirratino, Appraiser, 745 Center Road, West Seneca, New York, 14224. He has estimated the value of the property to be Thirty-Eight Hundred Dollar ($3,800). This represents approximately Thirty-Five Cents ($.35) a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiation are that Mr. and Mrs. Grzebielucha agreed and are prepared to pay Thirty-Eight Hundred Dollars ($3,800) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of legal description. I am recommending that Your Honorable Body approve the sale of 40 South Pierce Street to Donald and Pamela Grzebielucha, 182 Newfield Street, Buffalo, New York, in the amount of Thirty-Eight Hundred Dollars ($3,800). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated July 15, 1994, be received and filed; and That the offer of Donald and Pamela Grzebielucha, 182 Newfield, Buffalo, New York, in the sum of $3,800.00 (Three Thousand Eight Hundred Dollars) to purchase the property described as 40 South Pierce, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 34 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 have received a request from the Board of Education that you approve interfund cash loans from the General Fund to the Board of Education's Capital Projects Fund in the amount of $250,000 for New Roof at School #86 and $330,000 for Handicapped Access at Various Schools. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 299 Cap Proj 299-970-096 BAN/Bond Sale $250,000 100 Gen 299 Cap Proj 299-970-093 BAN/Bond Sale $330,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Audited Financial Statements and Other Financial Information - City of Buffalo Enterprise Fund - Pilot Field This is to advise that copies of the Audited Financial Statements and Other Financial Information of the City of Buffalo Enterprise Fund - Pilot Field for the period beginning on April 1, 1993 and ending March 31, 1994, have been delivered to each Councilmember, the Colon Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Renewal Option - Lease Agreement between the City of Buffalo and Bella Vista Item No. 137, C.C.P. 9/21/93 Your Honorable Body authorized to renew the lease agreement between the City of Buffalo and Bella Vista Group Inc., for leasing of 2237 Niagara, Buffalo, New York. This lease was for a one (1) year period commencing October 1, 1993 and ending September 30, 1994. This office has received a request from Joseph A. Cipolla, Bella Vista Group, Inc., to renew said lease under the same terms and conditions that currently exits. This renewal will be for the period of October 1, 1994 to September 30, 1995. The rental fee is One Hundred and Fifty-Five Dollars ($155.00) annually. This office recommends that Your Honorable Body renew their lease agreement for an additional one (1) year term. I am further recommending that Your Honorable Body authorized the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 Response - C.O.G.I.C. to Purchase 1256 Jefferson Avenue Item No. 103, C.C.P. 6/24/94 The above referenced item was referred to the Committee on Finance and to the Comptroller for a response. The item is a request, from Bishop LeRoy R. Anderson, Prince of Peace Temple, Church of God in Christ, for assistance in obtaining the property located at 1256 Jefferson Avenue. The property was acquired by the City of Buffalo through tax foreclosure and is improved with a one story block building. The improvements are situated on a lot 56 feet by 100 feet. The Division of Real Estate has been negotiating leasing the property to Mr. William Cooper. Mr. Cooper intends to lease this structure for a community visual arts center. Mr. Cooper has agreed to lease the property for Fifty Dollars ($50.00) a month, for one year. He has also agreed to rehabilitate and make the necessary improvements and repairs to this property using private funds. Mr. Cooper informed the Common Council of his intentions for the property, in Item No. 20, C.C.P. 12/14/93. At the Common Council's Committee on Finance Meeting 12/21/93, the Committee requested the Director of Real Estate to negotiate a lease with Mr. Cooper for use as a visual arts center. A lease has been prepared by the Corporation Counsel, upon the above stated terms and conditions. Mr. Cooper has also provided the required liability insurance. The Division of Real Estate was in the process of having the leases executed by Mr. Cooper and the Mayor when the request from Rev. Anderson was forwarded to this office for a response. I have asked the Director of Real Estate, John Hannon, to appear at the next Finance Committee Meeting to discuss the status of this property. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ASSESSMENT No. 38 Certiorari Proceedings -Fiscal Year 1993-94 Charles DoBucki, 40 Cottage Street This is to advise that the owner, Charles DoBucki, instituted certiorari proceedings on 40 Cottage Street, Buffalo, New York, regarding the assessment for the fiscal year 1993-94 (taxable status date December 1, 1992). The assessment was reviewed by this Department and the owner expressed a willingness to settle the proceeding. The final assessment for 1993-94 for 40 Cottage Street was $102,500. The owner is agreeable to a settlement which would result in a reduction of $27,500 for said year for 40 Cottage Street. The amount of City taxes for 1993-94 on $102,500 was $1,607.62. The 1993-94 City taxes on $75,000 were $1,176.31, therefore the taxpayer would be eligible for a refund of $431.31. Based on a review of the 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 certiorari proceeding on 40 Cottage Street, Buffalo, New York, by reducing the assessment from $102,500 to $75,000. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 39 Public Notice Water Rate Increase Please be advised the following public notice was published in the Buffalo News on Wednesday, July 20, 1994: PUBLIC NOTICE BUFFALO WATER BOARD INCREASE IN RATES On June 23, 1994, the Buffalo Water Board, after public hearing, adopted a schedule of rates, charges and fees to be effective July 1, 1994 for users of the Buffalo Water System as proposed which includes a general 9.42% increase in rates, charges and fees. A copy of such schedule is made available for public inspection during regular business hours in the office of the Secretary of the Buffalo Water Board, Room 1101 City Hall, and the Division of Water, Room 107 City Hall. RECEIVED AND FILED. No. 40 Monthly Report of Licenses Issued in June 1994 I am respectfully submitting the enclosed report of licenses issued in the month of June 1994 by the Division of Licenses. RECEIVED AND FILED. No. 41 Notification Serial #8344 Repeal of Traffic Control Signal at Paderewski Drive and Clark Street Whereas, the Department of Public Works - Traffic Section has performed an extensive and intensive traffic study of this area; and Whereas, this Study found that not one of the seven warrants necessary for the installation of a traffic signal was met as required by New York State Department of Transportation standards; and Whereas, the Police Department has reviewed the intersection in question and has no objection to removing this signal; and Whereas, this traffic control device can be replaced with stop sign control on Clark Street, which will provide safe traffic control of this intersection in a manner consistent with neighboring streets in this area, and Whereas, the removal of this signal installation will effectively reduce operating and maintenance costs of the City of Buffalo while not jeopardizing the safety of its residents; Therefore, 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 (45) days alter the first Council meeting at which they appear on the agenda as an item of business. That that part of Section 36 of Chapter 479 of the Ordinances of the City of Buffalo be amended by repealing therefrom the following: TRAFFIC CONTROL SIGNALS Intersection of Paderewski Drive and Clark Street IS HEREBY REPEALED. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 42 Notification Serial # 8348 Repeal of Traffic Control Signal at Michigan and Glenwood Avenues Whereas, the Department of Public Works - Traffic Section has performed an extensive and intensive traffic study of this area; and Whereas, this study found that not one of the seven warrants necessary for the installation of a traffic signal was met as required by New York State Department of Transportation standards; and Whereas, the Police Department has reviewed the intersection in question and has no objection to removing this signal; and Whereas, this traffic control device can be replaced with stop sign control on Glenwood Avenue, which will provide safe traffic control of this intersection in a manner consistent with neighboring streets in this area, and Whereas, the removal of this signal installation will effectively reduce operating and maintenance costs of the City of Buffalo while not jeopardizing the safety of its residents; Therefore, 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 (45) days after the first Council meeting at which they appear on the agenda as an item of business. That that part of Section 36 of Chapter 479 of the Ordinances of the City of Buffalo be amended by repealing therefrom the following: TRAFFIC CONTROL SIGNALS Intersection of Michigan Avenue and Glenwood Avenue IS HEREBY REPEALED. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 43 Notification Serial # 8375 install No Parking on Fleming Street No Parking - Install In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: No Parking Prohibited Portion of Highway Prohibited Period Daily Fleming Street, No Parking Anytime north side beginning at New Babcock Street and continuing 125 west therefrom This has been requested by the Block Club in this area. It is designed to prevent people from parking on the lawn area at the park and it will force them to use the designated lots already in existence in the park. Notification Serial # 8376 Install No Parking on New Babcock Street No Parking - Install In conformity with Section 49 of Chapter 479 of the Ordinances of (lie City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter (lie first Council meeting at which they appear oil the agenda as an item business. That that part of Subdivision 24 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto (lie following: No Parking Prohibited Portion of Highway Prohibited Period Daily New Babcock Street, No Parking Anytime west side beginning ai Fleming Street and continuing 250' north therefrom This has been requested by the Block Club in this area. It is designed to prevent people from parking on the lawn area at (lie park and it will force them to use the designated lots already in existence in the park. Notification Serial # 8377 Repeal of Traffic Control Signal at Connecticut Street and 16th Street TRAFFIC CONTROL SIGNALS - REPEAL Whereas the Department of Public Works - Traffic Section has performed an extensive and intensive traffic study of this area; and Whereas this study found that not one of the seven warrants necessary for the installation of a traffic signal was met as required by New York State Department of Transportation standards; and Whereas the Police Department has reviewed the intersection in question and has no objection to removing this signal; and Whereas this traffic control device can be replaced with all-way stop sign control on Connecticut and 16th Streets, which will provide safe traffic control of this intersection in a manner consistent with neighboring streets in this area, and Whereas the removal of this signal installation will effectively reduce operating and maintenance costs of the City of Buffalo while not jeopardizing the safety of its residents; Therefore 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 (45) days after the first Council meeting at which they appear on the agenda as an item of business. That that part of Section 36 of Chapter 479 of the Ordinances of the City of Buffalo be amended by repealing therefrom the following: TRAFFIC CONTROL SIGNALS Intersection of Connecticut Street and 16th Street IS HEREBY REPEALED. Notification Serial # 8378 Repeal of Traffic Control Signal at Suffolk Street and Easton Avenue Whereas the Department of Public Works - Traffic Section has performed an extensive and intensive traffic study of this area; and Whereas, this study found that not one of the seven warrants necessary for the installation of a traffic signal was met as required by New York State Department of Transportation standards; and Whereas the Police Department has reviewed the intersection in question and has no objection to removing this signal; and Whereas this traffic control device can be replaced with all-way stop sign control at this intersection, which will provide safe traffic control of this intersection in a manner consistent with neighboring streets in this area, and Whereas the removal of this signal installation will effectively reduce operating and maintenance costs of the City of Buffalo while not jeopardizing the safety of its residents; Therefore 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 (45) days alter the first Council meeting at which they appear on the agenda as an item of business. That that part of Section 36 of Chapter 479 of the Ordinances of the City of Buffalo be amended by repealing therefrom the following: TRAFFIC CONTROL SIGNALS Intersection of Suffolk Street and Easton Avenue IS HEREBY REPEALED. Notification Serial # 8379 Stop Sign on Glenwood Avenue at Michigan Avenue STOP SIGNS In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 of Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Glenwood Avenue Michigan Avenue Notification Serial # 8380 Stop Sign on Clark Street at Paderewski Drive STOP SIGNS In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 of Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Clark Street Paderewski Drive Notification Serial # 8381 All-Way Stop Signs in Connecticut Street at 16th Street STOP SIGNS - ALL WAY In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 of Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Connecticut Street 16th Street Notification Serial # 8382 All-Way Stop Signs in 16th Street at Connecticut Street STOP SIGNS - ALL WAY In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 of Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING 16th Street Connecticut Street Notification Serial # 8383 All-Way Stop Signs in Suffolk Street at Easton Avenue STOP SIGNS - ALL WAY In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 of Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Suffolk Street Easton Avenue Notification Serial # 8384 All Way Stop Signs in Easton Avenue at Suffolk Street STOP SIGNS - ALL WAY In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 of Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Easton Avenue Suffolk Street REFERRED TO THE COMMITTEE ON LEGISLATION. No. 44 Notification Serial # 8391 Repeal of Permissive Parking Michigan Ave., West Side between E. North and Virginia Streets PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: Permissive Parking PERMISSIVE PKG LOCATION PD PERMISSIVE PKG-DAILY Michigan Avenue 1 hour parking 9a.m.-4p.m. (west side) between E. North Street except Sunday and Virginia Street This action is being taken in order to provide for metered parking in this area. Notification Serial # 8392 Installation of Permissive Parking Michigan Ave., West Side between E. North and Virginia Streets PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Permissive Parking PERMISSIVE PKG LOCATION PD PERMISSIVE PKG-DAILY Michigan Avenue 2 hour parking 9a.m. to 4p.m. (west side) except Sunday between E. North Street and Virginia Street This action is being taken in order to provide for metered parking in this area. Notification Serial # 8392 Installation of Permissive Parking Michigan Ave., West Side between E. North and Virginia Sts. PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Permissive Parking PERMISSIVE PKG LOCATION PD PERMISSIVE PKG- DAILY Michigan Avenue 2 hour parking 9a.m. to 4p.m. (west side) except Sunday between E. North Street and Virginia Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8393 Repeal of Permissive Parking on West Mohawk, North Side between Elmwood Avenue and Bean Alley PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: Permissive Parking PERMISSIVE PKG LOCATION PD PERMISSIVE PKG-DAILY West Mohawk Street 2 hour parking 8a.m.-6p.m. (north side) except Sunday between Elmwood Avenue and Bean Alley This action is being taken in order to provide for metered parking in this area. Notification Serial #8394 Repeal of Permissive Parking on West Mohawk, South Side between Delaware Avenue and Franklin Street PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: Permissive Parking PERMISSIVE PKG LOCATION PD PERMISSIVE PKG-DAILY West Mohawk Street 2 hour parking 7a.m.-6p.m. (south side) except Sunday between Delaware Avenue and Franklin Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8395 Installation of Permissive Parking on West Mohawk, North and South Sides between Elmwood Avenue and Frankiin Street PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Permissive Parking PERMISSIVE PKG LOCATION PD PERMISSIVE PKG-DAILY West Mohawk Street 2 hour parking 7a.m. to 7p.m. North and South sides except Sunday between Elmwood Avenue and Franklin Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8396 Installation of Permissive Parking Virginia St., North Side between Ellicott and Michigan Streets PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Permissive Parking PERMISSIVE PKG LOCATION PD PERMISSIVE PKG-DAILY Virginia Street 2 hour parking 7a.m.- 7p.m. (north side) except Sunday between Ellicott Street and Michigan Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8397 Repeal of Permissive Parking on Main Street, East Side between Delavan and Jefferson Avenues PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the Permissive Parking following: PERMISSIVE PKG LOC. PD PERMISSIVE PKG-DAILY Main Street 1 hour parking 10 a.m.- 4 p.m. (east side) except Sunday from Delavan Avenue to Jefferson Avenue This action is being taken in order to provide for metered parking in this area. Notification Serial #8398 Installation of Permissive Parking on Main St., East Side between Delavan and Jefferson Avenues PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as Stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERMISSIVE PKG LOC. PD PERMISSIVE PKG-DAILY Main Street 2 hour parking 10 a.m -4 p.m. (east side) except Sunday between Delavan Avenue and Jefferson Avenue This action is being taken in order to provide for metered parking in this area. Notification Serial #8399 Installation of Permissive Parking E.North, North Side between Michigan and Maple Streets PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERMISSIVE PKG LOC PD PERMISSIVE PKG-DAILY E.North Street (north side) 2 hour parking 7 a. m. to 7 p.m. between Michigan Street except Sunday and Maple Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8400 Installation of Permissive Parking Washington Street, East and West Sides between High Street and Virginia Street PERMISSIVE PARKING-INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty-five days after the first Council meeting at which they appear on the agenda as an item of business. That that part of Subdivision 2 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: Permissive Parking PERMISSIVE PKG. LOC. PD PERMISSIVE PKG-DAILY Washington Street (east and west sides) 2 hour parking 7 a.m. to 7 p.m. between High Street except Sunday and Virginia Street This action is being taken in order to provide for metered parking in this: Notification Serial #8401 Installation of Permissive Parking on Hertel Avenue, North and South Sides between Starin and Voorhees Avenues PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERMISSIVE PKG LOC. PD PERMISSIVE PKG-DAILY Hertel Avenue 2 hour parking 7 a.m. to 7 p.m north and south sides) except Sunday between Starin Avenue and Voorhees Avenue This action is being taken in order to provide for metered parking in this area. Notification Serial #8402 Installation of Permissive Parking on Winspear Avenue, North Side between Bailey and Comstock Avenues PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as Stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section IS of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERMISSIVE PKG LOC. PD PERMISSIVE PKG-DAILY Winspear Avenue 2 hour parking 7 a.m. to 7 p.m. (north side) except Sunday between Bailey Avenue and Comstock Avenue This action is being taken in order to provide for metered parking in this area. Notification Serial #8403 Installation of Permissive Parking on Bailey Avenue, West Side between Winspear Avenue and Main Street PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as Stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERMISSIVE PKG LOC. PD PERMISSIVE PKG-DAILY Bailey Avenue 2 hour parking 7 a.m. to 7 p.m (west side) except Sunday between Winspear Avenue and Main Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8404 Installation of Permissive Parking on Carlton Street, North Side between Ellicott and Oak Streets PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERMISSIVE PKG LOC. PD PERMISSIVE PKG-DAILY Carlton Street 2 hour parking 7 a.m.-7 p.m. (north side) except Sunday between Ellicott Street and Oak Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8405 Installation of Permissive Parking on Virginia PI., East Side between Allen and Virginia Streets PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERMISSIVE PKG LOC. PD PERMISSIVE PKG-DAILY Virginia Place 2 hour parking 7 a.m.-4 p.m. (east side) except Sunday between Allen Street and Virginia Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8406 Installation of Permissive Parking on Elm Street, East and West Sides between Carlton and Virginia Streets PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as Stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Permissive Parking following: PERMISSIVE PKG LOC. PD PERMISSIVE PKG-DAILY Elm Street 2 hour parking 7 a.m.-7 p.m. (east and west sides) except Sunday between Carlton Street and Virginia Street This action is being taken in order to provide for metered parking in this area. Notification Serial #8407 Parking Meters- Install Parking Meters-Install In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective foil' five days after the first council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 of Section 33 of Chapter 479 or Ordinances of the City of Buffalo be supplemented by adding thereto the PARKING METERS following: HIGHWAY LOCATION PORTION OF HIGHWAY Seneca St - north/south sides from Mineral Springs to Pamona Seneca Street - north & south sides from Yale to Indian Church Mercy Street - east side only from Lorraine to a point 120' south therefrom Choate Avenue - north side only from Abbott to Mercy REFERRED TO THE COMMITTEE ON LEGISLATION. No. 45 826 Tonawanda Street Relocate Fence To Deter Vandalism No. 67, CCP, 6/14/94 The Department of Public Works has been asked to consider changes proposed by Mr. Dennis Evchich, of 826 Tonawanda Street, to the Riverside Library located at 820 Tonawanda Street. The proposed changes include the relocation of fencing and the installation of a cinder block wall in order to reduce vandalism. The property is owned by the City of Buffalo, however the library is operated and maintained by the County of Erie. Therefore the Department of Public Works will approve the proposed changes to the property on condition of approval by the County of Erie, Division of Buffalo and Erie County Public Libraries. RECEIVED AND FILED. No. 46 Foot of Ontario Street Boat Launch Item #154, C.C.P. 6/14/94 Item #45, C.C.P. 7/12/94 In regards to the above Item, the Department of Public Works has reviewed this issue and I offer the following: (1) reviewed the recommendation as submitted by Commissioner of Parks Daniel T. Durawa and I recommend that your Honorable Body implement Item #2 which would allow the existing concessionaire to operate the launch facility. (2) As you know, the Department of Public Works operates the Erie Basin Marina and we utilize an outside firm to operate the day to day activities. RECEIVED AND FILED. No. 47 Liquor License Applications Item #86, C.C.P. 06/28/94 In response to C.C.P. Item #86, 6/28/94, the Bain Appetit, Inc. (Jerry's Seafood Restaurant) at 1224-1226 Hertel Avenue has all current city licenses. REFERRED TO THE COMMITTEE ON FINANCE. No. 48 Claim for Wages Various Employees From July 18 to and including September 6, 1994 members of the Cotter will work while an agreement is being formulated to cover various aspects of their employment. On May 1, 1993 each employee should have been transferred from the Engineering Division to the Buildings Division and their salaries set at $30,000. Due to the fact that the above mentioned agreement was not finalized and approved by the Budget Director, the Civil Service Commission and Your Honorable Body, the proper appointment could not be filed. The Comptroller has thus ruled that a claim must be approved by your Honorable Body to pay these employees. Since the Council will be in recess and cannot approve claims during the month of August, I respectfully request that you authorize the Comptroller to issue payments for time worker from July 18 to and including September 6, 1994 for the following individuals: George Evans Michael Farrell John Harter Joseph Kalinowski William Robinson Mr. Pitts moved: That the communication from the Department of Public Works, dated July 19, 1994, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from July 18, 1994 through September 6,1994 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 49 Permission to Enter into An Agreement for the Reconstruction of the Queen Street Bridge Over William Street BIN 2-26044-0 Attached please find an agreement with the State of New York Department of Transportation for the above :mentioned project. I hereby request permission from Your Honorable Body to allow the Mayor to enter into an agreement with the New York State Department of Transportation to reconstruct the Queen Street Bridge over William Street. Funds for the City share of this project will be available in Division of Engineering Accounts when bonds are sold. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 12, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to enter into an agreement with the New York State Department of Transportation to reconstruct the Queen Street Bridge over William Street. Funds for the City's share will be available when bonds are sold. PASSED. AYES- 13 NOES- 0. No. 50 Hire Consultant, Prepare Plans - Reconstruction of Exchange Street and Carroll Street I hereby request Your Honorable Body's permission to engage the services of consultant engineers to prepare plans specifications, and receive bids for the following projects: Exchange Street - Construction/Reconstruction Carroll Street - Reconstruction - Louisiana to Chicago St. Funds for the consulting engineer will be available in the reserve for capital projects account. Construction funding was approved in 1994-95 capital improvement budget and will be available when bonds are sold. Mr. Pitts moved: That the communication from the Department of Public Works dated July 14, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant engineer to prepare plans and specifications and to receive bids for the reconstruction of Exchange Street and Carroll Street. The funds for the consulting engineer will be available in the Department of Public Works reserve for capital projects account. ADOPTED. No. 51 Hire Consultant, Prepare Plans - Michigan Avenue Lift Bridge Rehabilitation I hereby request from Your Honorable Body to authorize the Commissioner of Public Works to hire a consultant to prepare plans and specifications and advertise for sealed proposals for the necessary rehabilitation work on the Michigan Avenue Lift Bridge. Funds for the construction portion of this project will not be available until bonds are sold late in 1994 or 1995. Funds for planning and preliminary design work will be available in the reserve for capital projects account. Therefore, I respectfully request Your Honorable Body allow the Commissioner of Public Works to move forward with this project. Mr. Pitts moved: That the communication from the Department of Public Works dated July 14, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant to prepare plans and specifications and to advertise for sealed proposals for rehabilitation work on the Michigan Avenue Lift Bridge. The funds for the planning and preliminary design work will be available in the Department of Public Works reserve for capital projects account. ADOPTED. No. 52 Hire Consultant, Prepare Plans Squaw Island Landfill Closure I hereby request Your Honorable Body's permission to engage the services of consultant engineers to prepare plans specifications, and receive bids for the following project: Squaw Island Landfill Closure Funds for the consulting engineer will be available in the reserve for capital projects account. Construction funding was approved in 1994-95 capital improvement budget and will be available when bonds are sold. Mr. Pitts moved: That the communication from the Department of Public Works dated July 15, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant engineer to prepare plans and specifications and to receive bids for the Squaw Island Landfill Closure. The funds for the consulting engineer will be available in the Department of Public Works reserve for capital projects account. ADOPTED. No. 53 Permission To Prepare Plans & Specifications And Advertise For Bid For Work On The Ferry Street Lift Bridge I hereby request permission from Your Honorable Body to authorize the Commissioner of Public Works to hire a Consultant to prepare plans and specifications and advertise for sealed proposal for necessary work on the Ferry Street Lift Bridge. In the spring of this year, it was discovered that conduit running under the Black Rock Canal carrying power and communication cables was severed probably due to ice damage. We have been running temporary power since that time. This bridge has also been flagged by the New York State Department of Transportation due to structural fatigue to stringers under the deck system. Funds for this work are available in the Division of Engineering Bond Fund 200-401-507. Mr. Pitts moved: That the communication from the Department of Public Works dated July 8, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant to prepare plans and specifications and to advertise for sealed proposal for necessary work on the Ferry Street Lift Bridge. The funds for this work are available in the Department of Public Works, Division of Engineering, Bond Fund 200-401-507. ADOPTED. No. 54 Permission to Prepare Plans & Specifications and Advertise Proposals for the Installation of a Traffic Signal at Michigan Avenue and Perry Street I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the project specified below: 1. Installation of Traffic Signal - Michigan Avenue at Perry Street. This traffic signal is being installed to help facilitate and control increased traffic volume anticipated due to the construction of the new Crossroads Arena. The work on this signal will be coordinated with the Arena project. Funding for this project will be available in Capital Projects Fund #200-401-006-00-000. Mr. Pitts moved: That the communication from the Department of Public Works dated July 11, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant to prepare plans and specifications and to advertise for sealed proposals for the installation of a traffic signal at Michigan Avenue and Perry Street. The funds for this project will be available in the Capital Projects Fund #200-401-006-00-000. ADOPTED. No. 55 Prepare Plans, etc. Tracy St. Reconstruction From Carolina Street To Elmwood Avenue I hereby request permission from Your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the Reconstruction of Tracy Street from Carolina Street to Elmwood Avenue. Funds for this project will be made available in a Division of Engineering Account. Mr. Pitts moved: That the communication from the Department of Public Works dated July 11, 1994 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant to prepare plans and specifications and to advertise for sealed proposals for the reconstruction of Tracy Street from Carolina Street to Elmwood Avenue. The funds for this project will be made available in a Department of Public Works, Division of Engineering Account. ADOPTED. No. 56 Change in Contract-Gateway Tunnel Feasibility Study I hereby submit the following change in contract for the Gateway Tunnel Feasibility Study, Phase IV. In C.C.P. No.40 of 12/28/93, Your Honorable Body authorized the Commissioner of Public Works to hire a consultant to perform the necessary work to complete the study. It was agreed further information and mapping would be required to complete this study. (See Following) Color Cadd Mapping $ 2,450.00 Additional Traffic Signs $ 1,888.00 Different Report Format $ 1,548.00 Total $ 5,886.00 Contract Summary: Original Contract Amount $25,000.00 C.O. No. 1 $ 5,886.00 New Contract Amount $30,886.00 I hereby submit that the change order is fair and equitable and respectfully requests Your Honorable Body authorize the Commissioner of Public Works to issue the change in contract to Erdman Anthony Consulting Engineers. Funds for this change are available in Bond Fund No. 200-401-525. REFERRED TO THE COMMITTEE ON FINANCE. No. 57 Change In Contract Valve & Hydrant Replacement In Genesee Street Change Order No. 1- City Contract No. 91740400 I hereby submit to your Honorable Body the following change order with Kandey Company, Inc. for work relating to Valve and Hydrant Replacement in Genesee Street from Jefferson Avenue to Fillmore Avenue, City Contract No. 91740400: Work Item No. 02. 110 - Unclassified Excavation: Called for 60 cubic yards, Only 19.60 cubic yards needed. Decrease:$ 404.00 Work Item No. 03.110 - Additional Select Granular Fill: Called for 60 cubic yards. Only 19.60 cubic yards needed. Decrease:$ 808.00 Work Item No. 02.310 - Removal of Rails: Called for 100 I.f. of rails to be removed. Only 11 I.f. removed. Decrease $1,780.00 Work Item No. 09.501 - Abandonment of Existing Valve: Called for 3 valves to be abandoned. One more additional needed to be removed. Increase: $2,000.00 Work Item No. 09.106 - Six Inch Ductile Iron Pipe: Called for 140 I.f. of pipe to be used. 187.24 I.f. of pipe actually used. Increase: $2,362.00 Work Item No. 09.410 - Waterline Pipe Specials: Called for 1800 lbs. of material. 1,020 lbs. actually needed. Decrease: $1,560.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $ 207,050.00 Amount of Change Order No. 1 - Decrease 190.00 Current Amount of Contract $ 206,860.00 Funds in the amount of$ 190.00 are to be credited to the Division of Water's 416-Capital Project Fund, 982-007-00-000 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 18, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issued a change order #1 to Kandey Company, Inc., changes resulting in a net decrease in the amount of $190.00, as more fully described in the above communication, for work relating to Valve and Hydrant Replacement in Genesee Street from Jefferson avenue to Fillmore Avenue, City Contract No. 91740400. Funds to be credited to the Division of Water's 416-Capital Project Fund, 982-007-00-000 account. PASSED. AYES- 13 NOES- 0. No. 58 Change Order No. 2 Construction of New 8 Inch Watermain in Gibson Street City Contract No. 91742300 I hereby submit to your Honorable Body the following change order with Visone Construction for work relating to Construction of New 8 Inch Watermain in Gibson Street, Contract No. 20, City Contract No. 91742300: New Work Item No. 2: Lump sum amount for all labor, materials and equipment required to furnish and install three (3) meter pit assemblies in the yards of house numbers 129 and 191 Gibson Street and 281 Paderewski Drive. Meter pits were discovered during construction and required replacement at time of new house water service installation due to deteriorated condition. Increase:$ 1,235.10 New Work Item No. 3: Lump sum amount for all labor, materials and equipment necessary to furnish and install an additional 636 square feet of sidewalk at various locations on Gibson Street. Additional sidewalk installation, at locations adjacent to sidewalk replacement required by water service installation. Increase:$ 2,385.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $ 212,192.50 Amount of Change Order No. 1 - Increase $ 32,008.00 Amount of Change Order No. 2- Increase 3,620.10 Current Amount of Contract $ 247,820.60 Funds in the amount of $ 3,620.10 are available in the Division of Water's 416-Capital Project Fund, 982-004-00-000 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 12, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #2 to Visone Construction, changes resulting in a net increase in the amount of $3,620. 10, as more frilly described in the above communication, for work relating to Construction of New 8 Inch Watermain in Gibson Street, Contract No. 20, City Contract No. 91742300. Funds to be deducted to the Division of Water's 416-Capital Project Fund, 982-004-00-000 account. PASSED. AYES- 13 NOES- 0. No. 59 Change in Contract - City Contract 91748900 Cleaning and Lining Watermains Contract No. 21A & 218 Creamer Brothers, Inc. I hereby submit to your Honorable Body the 101 lowing change order with Crainer Brothers, Inc. for work relating to Cleaning and Lining Watermains, Contract No. 21A and 21B, City Contract No. 91748900. Park Street: When the contractor exposed the 6" watermain in Park Street to be cleaned and lined, it was found that the watermain must be replaced. This additional work could not be foreseen at the time the contract was let. Additional work: Furnish all labor and materials, tools and equipment necessary to replace the existing 6 inch watermain in Park Street with a new 8 inch watermain. The work should include but not be limited to all piping, hydrants, services and restoration as required. All prices quoted are based on unit bid prices from the original contract. (1) 8 Inch ductile iron pipe - 600 lf@ $78.10/If Increase: $ 46,860.00 (2) Install 8 Inch T.S. and V - 1 ea. @ $2,750.00 Increase: $ 2,750.00 (3) Install new hydrants - 2 ea. @ $1,100.00/ea. Increase: $ 2,200.00 (4) Furnish and install 6 Inch Hydrant Valves 2 ea. @ $2,200/ea. Increase: $ 4,400.00 (5) Cut and plug with caps -4 ea. @ $8.25/ea. Increase: $ 3,300.00 (6) Remove existing hydrants - 2 ea. @ $1,100/ea. Increase: $ 2,200.00 (7) Concrete Restoration - 200 sy @ $26.40/sy Increase: $ 5,280.00 (8) Concrete for sidewalks - 30 sy @ $66.00/sy Increase: $ 1,980.00 (9) Maintenance & Protection - 1 LS @ $5,500/Is Increase: $ 5,500.00 (10) Near Side services - 13 ea. @ $1,320/ea. Increase: $ 17,160.00 (11) Far Side services - 10 ea. @ $1,870/ea. Increase: $ 18,700.00 (12) Fittings - 1500 lbs. @ $2.20/lb. Increase: $ 3,300.00 $113,630.00 Deleted Work - deletion of all labor, materials, tools and equipment necessary to clean and line the existing 6 inch watermain in Park Street. (1) Item No. 09.002 - Temporary 2 inch by-pass piping and service connections 1150 lf @ $1.00/If Decrease:<$ 1,150.00> (2) Item No. 09.004 - Temporary 4 inch by-pass piping and service connections 500 ff @ $1.50/If Decrease:<$ 750.00> (3) Item No. 09.008 - Clean and cement line 6 inch watermain - complete 1105 lf @ $26.45/If Decrease:<$29,227.25> (4) Item No. 09.410 - Ductile Iron pipe specials - 24 lbs. @ $2.00/lb. Decrease:<$48.00> (5) Item No. 09.506 - 6 inch water valves and boxes - 4 ea. @ $2,000/ea. Decrease:<$ 8,000.00> (6) Item No. 09.910 - Fire hydrant - removal 2 ea. @ $1,000/ea. Decrease:<$ 2,000.00> (7) Item No. 09.920 - Fire hydrant - new 2 ea. @ $1,000/ea. Decrease:<:$ 2.000.00> <$43,175.25> Irving Place: Upon excavation of the existing 4 inch watermain in Irving Place, it was determined that there was 510 If in lieu of the 10 If anticipated. It was determined that the 4 inch watermain would be replaced by a 6 inch watermain in order to achieve adequate fire protection in Irving Place. Additional Work: Furnish all labor, materials, tools and equipment necessary to replace the existing 4 inch watermain with new 6 inch watermain. The work should include but not be limited to all piping, hydrants, services and restoration as required. All prices quoted are based on unit bid prices from the original contract. (1) Item No. 09.106 - 6 inch ductile iron pipe Increase 510 ff @ $55.00/If Increase:$ 28,050.00 (2) Item No. 09.740 - Long side new water service installation - 3A inch Increase:$ 7,500.00 (3) Item No. 09.741 - Short side new water service installation - 3/4 inch 8 ea. @ $1,000/ea. Increase:$ 8,000.00 (4) Item No. 09.814 - Water Service Box Complete - Install/Replace Increase 10 ea. @ $ 200.00/ea. Increase:$ 2,000.00 (5) Item No. 09.910 - Fire hydrant removal Increase 2 ea. @ $1,000/ea. Increase:$ 2,000.00 (6) Item No. 88.100 - Watermain Trench Pavement Restoration and replacement Increase 230 sy @ $60.00/sy Increase:$ 13,800.00 $ 61,350.00 Deleted Work: (1) Deletion of all labor, materials, tools and equipment necessary to clean and line flee existing 6 inch watermain in Irving Place. (1) Item No. 09.006 - Clean and Cement Line 6 inch watermain - complete Delete 510 lf @ $28.45/If Decrease:<$ 14,509.50> Costs have been reviewed by the Department of Public Works and the Consulting Engineer and found to be fair and equitable. SUMMARY: Original Amount of Contract $1,178,570.00 Amount of Change Order No. 1 - Increase 117,295.25 Current Amount of Contract $1,295,865.25 Funds in the amount of $ 117,295.25 are available in the Division of Waters 416-Capital Project Fund, 982-013-00-000 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. 60 Change in Contract-Change Order #1 Resurfacing City Pavements 1993-94 Contract #917422-Destro Bros. Concrete Co. Inc. Item No. 28, C.C.P. 11/16/93 I hereby submit to your Honorable Body the following negotiated new unit prices and also an increase in existing unit prices to the contract for the above-named project. This change order is necessary to enable us to complete the pavement markings and striping on main thoroughfares currently overlayed under this contract. NEW ITEM DESCRIPTION QUANTITY UNIT PRICE COST 688.04 White preformed reflectorized symbols 10 ea. $125.00 $1,250.00 10685.01 White epoxy crosswalk and stop bars 4,000 L.F. $ 0.40/L.F. $1,600.00 TOTAL NEW UNIT PRICE ADDITION: $2,850.00 EXISTING DESCRIPTION QUANTITY UNIT PRICE COST ITEM NO. 685.0902 Epoxy Reflectorized 4" pavement stripes 55,650 L.F. $0.17 L.F. $9,460.00 04.110 Asphalt Concrete Fine Top-Machine Laid 625 ton 36.25/ton $22,656.00 TOTAL UNIT PRICE INCREASE: $32,116.00 TOTAL CHANGE ORDER #1: $34,966.00 CONTRACT SUMMARY: Original Amount of Contract $354,902.50 Change Order # 1 34,966.00 NEW CONTRACT AMOUNT: $389,868.50 Funds for this additional work ($34,966.00) are available in Division of Engineering Capital Project Fund #200-401-507. This work will not require an extension of time. I hereby certify that this change order is fair and equitable for the work involved and respectfully request that your Honorable Body approve the above change order and authorize the Commissioner of Public Works to issue said change order to Destro Bros. Concrete Co., Inc. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 19, 1994, be received and flied; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Destro Bros. Concrete Co., Inc., changes resulting in a net increase in the amount of $34,966.00, as more fully described in the above communication, for work relating to complete the pavement markings and striping on main thoroughfares currently overlayed under this contract, City Contract No. 91742200. Funds to be deducted to the Division of Engineering's Capital Project Fund, 200-401-507 account. PASSED. AYES- 13 NOES- 0. No. 61 Change in Contract General Construction New Press Box Tifft Farm Playfields I herewith submit to Your Honorable Body the following change in contract for the New Press Box, Tifft Farm Playfields, Miller Enterprises C-91738500: 1. Additional foundation work due to poor soil conditions and to increase slab size, and install conduit for future electrical connection. Add $1,495.00 The foregoing change results in a net increase in the contract of One Thousand Four-Hundred Ninety-Five and 00/100 Dollars ($1,495.00). Summary: Original Amount of Contract $30,490.00 Amount of This Change (No.1) 1,495.00 Revised Amount of Contract $31,985.00 This change could not have been 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 200-402-083 -Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 20, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change in contract for the New Press Box, Tifft Farm Playfields, Miller Enterprises,, changes resulting in a net increase in the amount of $1,495.00, as more fully described in the above communication, for additional foundation work due to poor soil conditions and to increase slab size, and install conduit for future electrical connection, City Contract No. 91738500. Funds to be deducted from the B/F 200-402-083 - Division of Buildings account. PASSED. AYES- 13 NOES- 0. No. 62 Report of Bids Argyle Park -West Delavan Avenue To Potomac Group No. 366 This is to advise Your Honorable Body that I have advertised and received bids on July 6, 1994 for Argyle Park - Curb and Sidewalk Replacement. 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 be either more or less than the total bid. The following bids were received: M.P.J. Contracting Inc. $196,476.15 Klarberg Inc. * $217,245.00 Cemulini-Pecoraro Construction Co. $ 236,341.00 * Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is M.P.J. Contracting Inc. I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Division of Engineering, CPF #200-401-014-00-000 in an amount not to exceed $196,476.15, plus approved unit prices not to exceed an additional amount of $19,647.62 for a total award of $216,123.77. The Engineers estimate for this work is $275,000.00 The Water Authority's share of this work is $65,924.27 charged to Account #416-780-502-00-000. The attached is certified to be a true and correct statement of the two (2) lowest bids 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. Pitts moved: That the communication from the Department of Public Works, dated July 8, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for curb and sidewalk replacement for Argyle Park to M.P.J. Contracting Inc., the lowest responsible bidder in the amount of $196,476. 15, with said cost to be charged against the Division of Engineering's CPF #200-401-014-00-000 Account. PASSED. AYES- 13 NOES- 0. No. 63 Report of Bids Striping of Various City Streets - 1994 Item No. 39 C.C.P. 06-28-94 This is to advise your Honorable Body that 1 have advertised and received bids on July 13,1994 for Striping of Various City Streets -1994. In obtaining bids for the above project, 1 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 be either more or less than the total bid. The following bid was received: Accent Stripe, Inc. $77,500.00 I hereby certify that the lowest responsible bidder for the above project is Accent Stripe, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Bond Fund #200-401-021-00-000 in an amount not to exceed $77,500.00, plus approved unit prices not to exceed an additional amount of $22,500.00 for a total award of $100,000.00. The engineer's estimate for this work is $100,000.00. 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 24, 1994. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 18, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Striping of Various City Streets to Accent Stripe, Inc., the lowest responsible bidder in the amount of $77,500.00, with said cost to be charged against Bond Fund #200-401-021-00-000 Account. PASSED. AYES- 13 NOES- 0. No. 64 Report of Bids "New" North Division Between Hickory Street To Spring Street Group No. 348 This is to advise Your Honorable Body that I have advertised and received bids on July 6, 1994 for the Reconstruction of "New" North Division Street. 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 be either more or less than the total bid. The following bids were received: Add Base Bid Alt "A" Total Bid M. Falgiano Const. Co. *$274,594.75. $22,345.60 $296,940.35 Kandy Co. Inc. $278,413.00 $23,068.00 $301,481.00 MPJ Contracting Inc. $291,499.50 $30,942.00 $322,441.50 Klarberg Inc. $327,000.00 $36,148.00 $363,148.00 Accadia Enterprises $580,172.00 $36,408.00 $616,580.00 * Adjusted Figure I hereby certify that the lowest responsible bidder for the above projects is M. Falgiano Construction Company, Inc, Inc. I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Department of Community Development, CPF #200-717-038-00-000 in an amount not to exceed $296,940.35, plus approved unit prices not to exceed an additional amount of $18,353.87, for a total award of $315,294.22. The Engineer's estimate for this work is $300,000.00 The Water Authority's share of this work is $49,865.75 charged to Account #416-982-015-00-000 and the Division of Engineering's share is $60,000.00 charged to Account #200-401-507-00-000. 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. Pitts moved: That the communication from the Department of Public Works, dated July 12, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Reconstruction of "New" North Division Street to M. Falgiano Construction Co., Inc., the lowest responsible bidder in the amount of $274,594.75, with said cost to be charged against Department of Community Development, CPF #200-717-038-00-000 Account. PASSED. AYES- 13 NOES- 0. No. 65 Report of Bids Resurfacing of City Pavements 1994-1995 This is to advise your Honorable Body that I have advertised and received bids on July 13, 1994 for Resurfacing of City Pavements 1994-1995. 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 be either more or less than the total bid. The following bids were received: Amherst Paving, Inc. 428,775.00 Destro Bros. Cone. Co., Inc. 436,017.50 Thomann & Loewer Asphalt Pav. Corp. 479,350.00 I hereby certify that the lowest responsible bidder for the above project is Amherst Paving, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to O & M Fund 100-401-014-00-561 in an amount not to exceed $325,850.00, plus approved unit prices not to exceed an additional amount of $184,150.00, for a total award of $5 10,000.00. The Engineer's estimate for this work is $525,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids 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 29, 1994. Individual bid submissions are available in our office for inspection and copies are available upon request. This communication is for informational purposes only. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 20, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Resurfacing of City Pavements 1994-95, to Amherst Paving, Inc., the lowest responsible bidder in the amount of $428,775.00, with said cost to be charged against O & M Fund 100-401-014-00-561 account. PASSED. AYES- 13 NOES- 0. No. 66 Report of Bids Heater/Scarifying of City Pavements 1994-1995 This is to advise your Honorable Body that I have advertised and received bids on July 13, 1994 for Heater/Scarifying of City Pavements 1994-1995. 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 be either more or less than the total bid. The following bids were received: Highway Rehabilitation Corp. $467,042.00 I hereby certify that the lowest responsible bidder for the above project is Highway Rehabilitation Corp. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the O & M Fund 100-401-014-00-561 in an amount not to exceed $387,075.00, plus approved unit prices not to exceed an additional amount of $102,925.00, for a total award of $490,000.00. The engineer's estimate for this work is $475,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids 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 19, 1994. Individual bid submissions are available in our office for inspection and copies are available upon request. This communication is for informational purposes only. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 14, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Heater/Scarifying of City Pavements 1994-95, to Highway Rehabilitation Corp., the lowest responsible bidder in the amount of $467,042.00, with said cost to be charged against O & M Fund 100-401-014-00-561 Account. PASSED. AYES- 13 NOES- 0. No. 67 Report of Bids Park Street - Allen St. To North St. Group No. 368 This is to advise Your Honorable Body that I have advertised and received bids on July 20, 1994 for the Reconstruction of Park Street. 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 be either more or less than the total bid. The following bids were received: Destro Brothers Concrete Co., Inc. $182,655.00 M.P.J. Contracting, Inc. $222,552.50 M. Falgiano Construction Co., Inc. $228,540.00 Integrated Waste/Special Services Inc. $238,832.50 I hereby certify than the lowest responsible bidder for the above project is Destro Brothers Concrete Co., Inc. I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Division of Engineering, CPF #200-401-549-00-000 and Division of Engineering Bond Fund 200-401-021-00-000 in an amount not to exceed $182,655.00, plus approved unit prices not to exceed an additional amount of $16,845.00 for a total award of $199,500.00. The Engineer's estimate for this work is $210,000.00 The Water Authority's share of this work is $92,750.00 charged to Account #416-980-066-00-000 and the Sewer's Authority share of this work is $24,500.00 charged to Account #020-991-001-55-701. The attached is certified to be a true and correct statement of the two (2) lowest bids 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 September 5, 1994. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 20, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Reconstruction of Park Street, Allen to North Streets, to Destro Brothers Concrete Co., Inc., the lowest responsible bidder in the amount of $182,655.00, with said cost to be charged against Division of Engineering, CPF #200-401-549-00-000 Account. PASSED. AYES- 13 NOES- 0. No. 68 Report of Bids Skillen Street - Roesch Avenue To Vulcan Street Group No. 360-B This is to advise Your Honorable Body that I have advertised and received bids on July 20, 1994 for Skillen Street - Curb and Sidewalk Replacement 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 be either more or less than the total bid. The following bids were received: Destro Bros Concrete Co., Inc. $118,835.00 M.P.J. Contracting, Inc. $132,795.11 Cemulini-Pecoraro Const. Corp. $148,530.00 M. Falgiano Const. Co., Inc. $173,576.25 I hereby certify that the lowest responsible bidder for the above project is Destro Brothers Concrete Company, Inc. I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Division of Engineering, CPF #200-401-014-00-000 in an amount not to exceed $118,835.00 plus approved unit prices not to exceed an additional amount of $21,165.00 for a total award of $140,000.00. The Engineer's estimate for this work is $140,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids 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 September 5, 1994. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Pitts moved: That the communication from the Department of Public Works, dated July 20, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Skillen Street - Curb and Sidewalk Replacement, to Destro Brothers Concrete Co., Inc., the lowest responsible bidder in the amount of $118,835.00, with said cost to be charged against Division of Engineering, CPF #200-491-014-00-000 account PASSED. AYES- 13 NOES- 0. No. 69 Informational Report of Bids Heavy Maintenance Service Contract for Trac Vac System in North Basin I have advertised and received bids on July 5, 1994 for the Heavy Maintenance Service Contract for Trac Vac System in the North Basin. The following is certified to be a complete list of all bids received. Alt A Alt B Base Bid (2nd year) (3rd year) Buffalo Industrial Diving Company, Inc. 525 Oakwood Avenue East Aurora, NY 14502 $12,876.00 $16,092.00 $20,124.00 I hereby certify that the lowest responsible bidder for the above project is Buffalo Industrial Diving Company, Inc., 525 Oakwood Avenue, East Aurora, New York based on their base bid of $ 12,876.00. Funds for this work are available in the Division of Water's Operating and Maintenance Budget, 012-00-521 account. As of this date I have awarded the contract for the above work to Buffalo Industrial Diving Company. This communication is for informational purposes only. REFERRED TO THE COMMITTEE ON FINANCE. No. 70 J. Greene - Waive Interest Water Bills 647 LaSalle Avenue Item No. 69, C.C.P. 06/14/94 In response to Item No. 69, C.C.P. of June 14, 1994, "J. Greene - Waive Interest for Water Bills at 647 LaSalle Street", please be advised we have investigated this account and have determined the following. 647 LaSalle Street: From October 4, 1989 to February 1, 1994, the bill was sent to "Owner or Tenant". The February, 1994 bills picked up the owner's name but not address. No payment has been made on this account since November 16, 1990 (until 5/11/94). Current bill has interest of Water - $ 97.86, Sewer -$94.66 for a total interest charge of $192.52. 367 Winspear Avenue: Since May 21, 1990 bill has been going to Joyce Kelly at 125 Leonard Street. No payment has been made on this account from September 17, 1990 to May 11, 1994. Current bills has interest of Water - $126.54, Sewer - $127.56 for a total interest charge of $192.52. On both of the above accounts, the Division of Water had no indication from the owner that these billings were to go to him or to go to any specific property manager. In the future, if Mr. Green decides to have another property manager, it is suggested that he makes sure that these accounts are being kept up to date. These two accounts have been changed for the billings to go to Jonathan Green, 405 East 56th Street, New York, New York 10022-2412. I have waived the interest charges of $254.10 for 367 Winspear Avenue and $192.52 for 647 LaSalle Avenue. REFERRED TO THE COMMITTEE ON FIANCE. No. 71 Urge Buffalo Water Authority to Install Magnetic Shutoff Valves Item No. 196, C.C.P. 06/28/94 I have instructed the Division of Water to accelerate the installation of vandal proof hydrant tops on the 7,000 plus hydrants in the City of Buffalo. The problem hydrants will be addressed first. We had planned to have bond money to do the whole City within one year, but since our bond sale will not be held until sometime in 1995, we hope to obtain enough money to do at least one-third of the hydrants this year and one-third in the following two years. In regards to the installation of "Sprinkler Heads" being installed on fire hydrants for recreational purposes, please be advised the City of Buffalo not only loses thousands of gallons of water when hydrants are opened but open hydrants are detrimental to the safety of citizens of the City of Buffalo as the open hydrants lessen the pressure if a fire were to occur in the area. REFERRED TO THE COMMITTEE ON FINANCE. No. 72 Paddle Boats - Erie Basin Marina My staff met with Bill Oraff of The Aud Club to discuss the possibility of having a paddle boat concession at the Erie Basin Marina. The following are a few of our major concerns: 1. Due to the limited water space in the Marina Basin which is used not only by the city owned marina, but also by the condominium marina and Crawdaddy's Restaurant, we feel the combination of sailboats, power boats and paddle boats would be dangerous. 2. As you know, on weekends the marina operates to capacity. We have concerns about additional parking of cars. 3. Where would the paddle boat concession be located? Where would they keep the paddle boats on shore and on the water? Therefore, I would request that Council reserve decision on this issue and possibly meet with all parties involved, including The Aud Club, to discuss this matter. REFEREED TO ERIE BASIN MARINA LEASE COMMITTEE. No. 73 Encroach-1159 Broadway Right of Way Mr. Ed Grzechowiak, owner of the Off Track Betting located at 1159 Broadway has requested permission to install a sign which would encroach city right of way at said address. The proposed sign would be attached perpendicular to the building face and measure 4 feet in width and 10 feet in height. The Department of Public Works has reviewed Mr. Grzechowiak's application pursuant to Chapter 413-67 (Encroachments Regulations) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sign 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 sign. Mr. Pitts moved: That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Ed Grzechowiak, owner of the Off Track Betting located 1159 Broadway, to install a sign which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sign 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 sign. PASSED. AYES- 13 NOES- 0. No. 74 Clough, Harbour & Associates Offer Asst. Waste Matters Item No. 87, C.C.P. 7/12/94 I have reviewed the communication referred to above. I have also previously met with this firm. We have not yet made any decision as to whether or not we will seek the assistance of a consulting engineer to develop the specifications for solid waste disposal contracts. Should we decide to solicit such a consultant, Clough, Harbour & Associates will be given fill consideration. RECEIVED AND FILED. FROM THE COMMISSIONER OF PARKS No. 75 Youth Soccer Fields Item No. 187, C.C.P. July 12, 1994 The City of Buffalo Parks Department is very much in support of the Delaware Soccer Club's search for additional soccer fields. This Commissioner has personally tried to identify playing sites in Parks and on other public and private land, to mixed success. The concept of a single site to accommodate a large number of fields is an admirable goal which we support fully. RECEIVED AND FILED. No. 76 Permission to Prepare Specifications for Concessions We are requesting authorization of Your Honorable Body to proceed with developing specifications and advertising for bids for the concessions at Lafayette and Riverside Ice Rinks. Mr. Pitts moved: That the communication from the Department of Parks, Recreation and Forestry, dated July 18,1994, be received and filed; and That the Commissioner of Parks be, and he hereby is, authorized to prepare plans and specifications, advertise for bids and negotiate a lease for the concessions at Lafayette and Riverside Ice Rinks and return to the Common Council for approval. ADOPTED. FROM THE COMMISSIONER OF POLICE No. 77 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies of the following checks: 8155-00097895 $ 2134.60 8155-00097898 1922.70 8155-00097805 2567.20 8155-00097807 1201.85 8155-00097824 1336.20 8155-00097811 5525.00 8155-00097809 2896.40 8155-00097653 1468.35 8155-00097704 2982.38 8155-00097691 22345.93 8155-00097516 41085.85 8155-00097518 1718.60 8155-00097623 6359.60 8155-00097721 7681.33 8155-00097833 5450.00 Total $106,675.99 The above referenced property has been administratively forfeited by the Drug Enforcement Administration (DEA). These checks were received by this Department and duly deposited in Trust & Agency Account # 630-065-271-00-000. RECEIVED AND FILED. FROM THE CORPORATION COUNSEL No. 78 PILOT Agreement for 104 Lewis Street Item No. 200, C.C.P., May 31, 1994 The above referenced item has been referred to the Law Department for comment. Section 577 of the Private Housing Finance Law authorizes the Common Council to exempt certain property from city and county taxes "to the extent of all or part of the value of the property included in the completed project." The Common Council has granted this type of exemption to such projects as Maryner Towers and Braco I by capping the amount of taxes to be paid at a specific amount. The 104 Lewis Street project must prove that it is eligible for such exemption under the applicable provisions of the Private Housing Finance Law. If the project is indeed eligible, the Common Council may grant a partial or total exemption. This Department advises that, in the event the Council chooses to grant a partial exemption by setting a cap provision be included for periodic review and renegotiation of the amount of the cap. What may seem a fair amount in 1994 may look different in 2010 or 2020. Moreover, the conditions enumerated by Commissioner Tanzella at the Finance Committee meeting of June 21 should be included in any agreement. RECEIVED AND FILED. No. 79 William Easterling Water Bill Complaints 115 Dartmouth Ave Item No. 75, C.C.P., May 17, 1994 The above referenced item has been referred to the Law Department for comment. It is the position of the Law Department that Mr. Easterling's water bill is correct and should be paid in full. The charges on Mr. Easterling's water bill at 115 Dartmouth Avenue are consistent with the Division of Water's procedures and the Charter of the City of Buffalo. His complaints about the charges are based on his misunderstanding of the flat rate billing system. The flat rate accounts for the amount of water available and the customer's access to that supply. He may find greater satisfaction with a water meter which measures the actual amount of water used. RECEIVED AND FILED. No. 80 Citizens Maintaining 506 Goodyear Avenue Item No. 92, C.C.P., June 28, 1994 You have referred the above mentioned item to the Law Department for comment. You have received a proposal from Ms. Annie K. Baker who resides at 504 Goodyear Avenue, the lot next to the above property. She and other residents wish to be responsible for maintaining the property. If all the residents wish to do is maintain the property, that is allowable. There is a benefit to the City in efforts to beautify the neighborhood. However, if any third party is injured on the property or someone is hurt while maintaining the property, there is the potential for liability on the City. Any use that goes beyond maintenance would require a lease and adequate insurance holding the City harmless against any liability. RECEIVED AND FILED. No. 81 Contract for Collection Services by Financial Collection Agencies, Inc. Item No. 17, C.C.P., July 12, 1994 You have referred the above mentioned item to the Law Department for comment. This office is still in the process of developing a final draft of the contract. A question has been posed with respect to whether a certain provision of the contract is permissible in light of certain Charter imposed duties of the City Treasurer. We are researching this issue at present and will provide an opinion in response. The Law Department is drafting the contract, mindful of the federal Fair Debt Collection Practices Act and other state rules and regulations. Upon completion, we will advise you of the result. If you vote to approve this item, we request that you authorize the Comptroller and the Commissioner of Administration and Finance to execute the contract subject to such modifications as the Corporation Counsel may deem necessary. RECEIVED AND FILED. No. 82 Contract for Collection Services by Financial Collection Agencies, Inc. Opinion No. 94-98 You have referred the above mentioned item to the Law Department with regard to the following question: Do the provisions of the proposed contract between the City and Financial Collection Agencies, Inc. ("FCA") which provide that FCA shall receive payments on delinquent parking ticket accounts; process and record those payments; and deposit all funds into a trust account in the name of the City of Buffalo violate the Charter and state law? Section 295.28 of the City Charter provides that the Treasurer of the City of Buffalo "...shall receive.. all current and past-due accounts, revenues... presently due and owing to the City..." It is well established that duties and powers of public officers and departments conferred upon them by law cannot be delegated or discharged by contracting with private individuals unless those duties are merely ministerial functions. The issue then becomes whether the receipt and posting of payments, and the depositing of those payments into a trust account for the City is a ministerial act. Although there are no court decisions directly on point, the State Comptroller has issued an opinion to the City of Niagara Falls concerning an analogous situation. The Comptroller's interpretation is that the acceptance of payments is not a ministerial act and, therefore, not a duty which can be delegated to an outside agency. Therefore, based upon the opinion of the State Comptroller and a strict reading of the City Charter, it would appear that the proposed contract must be amended. Such an amendment would require that payments on all accounts referred to FCA for its subsequent deposit into a Trust Account should, instead, be made payable directly to the City of Buffalo through the office of the City Treasurer. Notwithstanding the aforementioned contract modification, it should also be noted that a long standing practice has existed in the City of Buffalo which permits other entities besides the Treasurer to directly receive fees and other revenues on behalf of the City. As a matter of practicality and administrative efficiency, various other City Departments have long received such revenues, with the simple requirement that these funds be deposited by means of a daily pay-in system to the City Treasurer. Similarly, the receipt of parking fines revenues by FCA, followed by a daily pay-in procedure to the City Treasurer, would clearly be consistent with the City's past practice. While it may be argued that this long standing fee and revenue collection practice is, itself, violative of the strict letter of the City Charter, it appears to have developed as an acceptable practice because of the practicality and efficiency that is inherent in it. Accordingly, amending the contract to permit FCA's direct receipt of the payments accompanied by daily pay-ins to the Treasurer, would also appear to be a viable and legally sustainable option. RECEIVED AND FILED. No. 83 Assault Weapons Legislation Item No. 191, C.C.P., May 31, 1994 This is in response to the above referenced item. The Law Department has received the above resolution and is currently researching the subject. As this topic, assault weapons, is presently incorporated in pending federal legislation, we must determine the legality of putting forth such legislation on a municipal level. We have recently received information from Congressman Jack Quinn's office, and are researching case law involving New York City's Gun Control Act. As soon as the Law Department has sufficient legal research, the appropriate legislation shall be drafted. We thank you in advance for your patience in this matter. RECEIVED AND FILED. No. 84 Rescind Sale of 84 Days Park, a/k/a 20 Wadsworth Purchaser: Frederick J. Rzemek No. 112, C.C.P., 6/13/89 No. 93 C.C.P., 9/7/93 No. 119 C.C.P. 10/19/93 The above item was passed by Your Honorable Body during your meeting of June 13, 1989. The Purchaser was informed of the execution of the deed and the closing on February 21, 1991. The Department of Law prepared a communication rescinding the sale of the subject property per item #119, C.C.P., 10/19/93. Your Honorable Body received and filed the communication as a result of the renewed interest of Mr. Frederick J. Rzemek to consummate this transaction. Since, it appears that the Mr. Rzemek is not willing to accept title from the City of Buffalo, I request Your Honorable Body to authorize the rescission of the sale, refund of the One Thousand Seven Hundred Dollars ($1,700.00) deposit and return the parcel to inventory for future sale. Attached is an approving motion to accomplish this purpose. Mr. Pitts moved: That the above communication from the Corporation Counsel be received and filed; and That the action of the Common Council under Item No. 112 C.C.P., 6/13/89 authorizing the sale of 84 Days Park, a/k/a 20 Wadsworth, he and the same hereby is rescinded, the deposit be refunded and the premises returned to inventory for future sale or transfer. PASSED. AYES- 13 NOES- 0. No. 85 Settlement of Property Damage Debt Collection - QVC Systems, Inc., et al On March 18, 1994, a vehicle owned by QVC Systems, Inc., driven by Patrick McGovern, struck a light standard. No claim was filed against the City of Buffalo by either QVC Systems, Inc. or Patrick McGovern pertaining to this matter. The light standard was repaired by the Niagara Mohawk Power Corporation. Niagara Mohawk charged the City of Buffalo a flat rate, for the cost of labor, trucking, repairing and resetting the lamp standard in the amount of $691.80. The City of Buffalo furnished to Niagara Mohawk the column and arm for the light standard. Additionally, the City added $15.00 for a City inspection fee and $188.00 for a 10% overhead charge. The total cost of repairs was estimated to be $2,059.80. General Accident Insurance, the insurance carrier for QVC Systems, Inc., has sent the City a check to settle this matter for the sum of $ 1,871.80 (91 % of the total amount). The Law Department recommends acceptance of this settlement offer for the following reasons: First, the estimate could be questioned because of the inclusion of an overhead charge. Furthermore, additional costs would be incurred initiating a lawsuit for recovery of the full amount owed. The cost of court filing fees, service of process and deposition transcript fee, would exceed the amount of the overhead charge. Therefore, it is respectfully requested that Your Honorable Body authorize the Corporation Counsel to settle this matter for the sum of $1,871.80. Mr. Pitts moved: That the communication from the Department of Law, dated July 15, 1994, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to compromise settlement against QVC Systems, Inc. in the amount of $1,871.80 for damage to a City of Buffalo light standard. PASSED. AYES- 13 NOES- 0. No. 86 Waiving Interest on Water Bills -647 LaSalle and 367 Winspear Item No. 69, C.C.P., June 14, 1994 Opinion No. 94-100 You have requested an opinion on whether the City should waive interest charges on the water bills of Jonathan Greene for 647 LaSalle and 367 Winspear. After nonpayment of water bills on his two properties, Mr. Greene owes principal and interest. The properties were managed by someone else and Mr. Greene was unaware of the nonpayments. He is now requesting a waiver of the interest. He is willing to pay the principal. The Law Department finds that to waive the interest would be a gift of public funds pursuant to Article VII, Section 8 of the Constitution of the State of New York. The City is duly owed the money and cannot waive the interest charges. The City could render the charges void if there were irregularities in the proceeding that ordered the assessment as put forth in Section 544 of the Charter of the City of Buffalo. However, in this instance, there are no such irregularities. Though Mr. Greene was unaware of the nonpayment, it is his responsibility to know the status of his properties. His failure to know does not constitute a basis for the City to void the bill. It is our opinion that the City should not waive the interest charges on the water bills of Jonathan Greene for 647 LaSalle and 367 Winspear. REFERRED TO THE COMMITTEE ON FINANCE. No. 87 N.Y.S. Department of Transportation's Reply - Grider Street Ramp Item No. 90, C.C.P., April 19, 1994 You have referred the above mentioned item to the Law Department for comment. The letter from the New York State Department of Transportation states that the Regional Traffic Engineering and Safety Group will study the accident history of the area in question and will report their findings and recommendations upon completion. Until that report is filed, there is nothing upon which the Law Department can comment. Once we have further information, we will file a response. REFERRED TO THE COMMITTEE ON FINANCE. No. 88 Option Agreement - Painters District Council Item No. 3, C.C.P., July 1, 1994 You asked for an explanation the Option Agreement dated June 24, 1994 between the City of Buffalo and the Painters District Council #4 and Painters District Council #4 - Apprentice Fund. The property optioned by the contract is located at 376-378 Virginia Street and 12 Elmwood Avenue. It was chosen because it is ideally suited to the needs of the Fire Department. After developing their reorganization plan, the Fire Department determined that they needed a station in the general vicinity of the subject property. The Fire Commissioner contacted the Division of Real Estate to locate an available parcel in the general area. The Division of Real Estate's search turned up the subject property and another located across the street. This latter property was owned by the Board of Education, and subsequently determined to be too small for the Fire Department's requirements. The Division of Real Estate moved in to acquire the property. After some discussions with the sellers and an appraisal obtained by the Division of Real Estate, a purchase price of $575,000 was reached. Since the Painters District Council was talking to other interested buyers, the City needed an option agreement to keep the property off the market. Pursuant to the Charter of the City of Buffalo, the City only pays $100 for an option, but the circumstances of this instance warranted the $1,000 option; which requires your approval. Upon acquiring the property, the $1,000 will go to the purchase price. The Option Agreement grants the City the exclusive option to purchase the property until January 3, 1995 at a price of $575,000. This option is contingent upon the seller obtaining an exemption from the prohibited transaction provisions of the Employee Retirement Income Security Act ("ERISA"), 29 USC Sec. 1106. ERISA participants cannot contract with contributing employers. Section 1106 of Title 29 of the United States Code allows for exemptions if the transaction is administratively feasible, in the interests of the plan and its participants and beneficiaries, and protective of the rights of the participants and beneficiaries of the plan. If the Seller cannot obtain the exemption, the agreement may fall through. The other contingencies in the agreement are as requested by the Corporation Counsel. This provision allows the City to obtain Common Council approval of the agreement, to hold a public hearing if necessary, and to deal with any other circumstances that must be addressed by law. Once the City exercises the option, further negotiations will be necessary to arrive at the final contract to purchase the property. The terms of the contract must be reached and certain obligations fulfilled, such as an Environmental Impact Study as well as requiring that bond funds be available before the purchase can go through. As with any contract, the Common Council must approve the final result before it can be executed. If you have any other questions on the matter, please contact the Division of Real Estate or this office. REFERRED TO THE COMMITTEE ON FINANCE. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS, ZUCHLEWSKI- 12. NOES- PERLA- 1. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 89 Change In Contract Delaware Park Pathway I hereby submit to Your Honorable Body the following change in contract for the Delaware Park Pathway, with M.P.J. Contracting, Inc., Contract No. 91752300: When the Department of Community Development recommended the award of this contract Add Alternate 2B was not included. The low bidder's cost for this section of pathway was an additional $12,000, which was deemed excessive. Through negotiations with M.P.J. Contracting, Inc. the cost for this additional work was lowered to $6,000 which is a fair and reasonable price. We, therefore, recommend that the work as defined by Add Alternate 2B, to complete the entire Pathway system, be added to the contract at a additional cost of $6,000. Summary: Original Contract Amount $157,500 Change Order No. 1 (this change) ADD $ 6,000 Revised Contract Amount $163,500 Funds for this additional work are available in C.P.A. 200-717-050. Mr. Pitts moved: That the communication from the Department of Community Development, dated July 13, 1994, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order #1 to M.P.J. Contracting, Inc., changes resulting in a net increase in the amount of $6,000.00, as more fully described in the above communication, for work relating to Delaware Park Pathway, Contract No. 91752300. Funds to be charged to the C.P.A. 200-717-050 account. PASSED. AYES- 13 NOES- 0. No. 90 Permission to Contract with Clinton Brown Architects Architectural-Engineering Services Exterior Stabilization-King Urban Life Center The Department of Community Development is requesting permission to contract with Clinton Brown Architects for exterior stabilization design work at the King Urban Life Center former St. Mary of Sorrows Church located at Genesee and Rich Streets. The King Urban Life Center Board of directors solicited request for proposals for this A/E work. The following firms were solicited Clinton Brown; Foit Albert; Hamilton, Houston and Lownie; Steiglitz, Steiglitz and Tries, Cannon and Kideny Architects. Only three of the solicited firms responded to the request for proposal. Based upon Clinton Brown's experience with similar type projects, fee structure and familiarity with the intricacies with dealing with various governmental agencies we feel Clinton Brown is the most qualified for this project. We are requesting permission to enter into Contract with Clinton Brown for a amount not to exceed $14,360.00 including reimburseables (photos and printing costs). Money is available in bond fund account 200-717-045 which currently has approximately $157,330.00 available for this work. Mr. Pitts moved: That the communication from the Department of Community Development dated, July 21,1994 be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to enter into a contract with Clinton Brown Architects for exterior stabilization design work at King Urban Life Center located at Genesee and Rich Streets, with said cost to be charged to Bond Fund Account 200-717-045. ADOPTED. No. 91 Report Of Outstanding LDA's Pursuant to the Council's request, attached please find an updated report on outstanding LDA's. You will note that five (5) of the LDA's have been resolved and the staff is working to resolve the remaining five (5). REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 92 Acceptance of Land Donated the City of Buffalo The above item directed the Department of Community Development to begin design of a proposed parking lot at 363 Massachusetts where an existing structure is situated. The first phase of design a project of this nature, is a topographical survey of the site, which requires the demolition of the existing structure. Once this Department is notified of the demolition the field work will commence. Questions relative to operation and maintenance, utilities and design amenities can also be addressed at that time. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 93 CDBG Section 108 Funds Market Arcade Restaurant Development, Inc. Item #3 CCP, 65/19/94 On May 19, 1994, this Honorable Body passed a resolution authorizing a $2,200,000.00 Section 108 loan to Market Arcade Restaurant Development, Inc. The purpose of the loan is to finance the conversion from a Journey's End to a Radisson Suites Hotel, construct conference facilities and amenities required by Radisson International and consolidation of the existing loans and mortgages related to a management agreement to a franchise agreement for T.G.I. Friday's restaurant. It has come to our attention that the United States Department of Housing and Urban Development now requires that certain statements be made in the authorizing resolution. Therefore, attached please find a more definitive resolution for the review and approval of your Honorable Body, in accordance with the United States Department of Housing and Urban Development regulations. It is therefore respectfully requested that the attached resolution be approved as an additional and supplemental resolution to Item #3, which was approved on May 19, 1994 RECEIVED AND FILED. No. 94 CDBG Section 108 Funds Market Arcade Complex Item #123, C.C.P. 10/29/91 On October 29, 1991, this Honorable Body passed a resolution authorizing a $5,000,000.00 Section 108 loan for the Neighborhood Commercial Land Bank Program. The Department of Community Development wishes to reallocate $3,300,000.00 for the renovation of the Market Arcade Complex. The renovations include the construction of a 24,900 square feet building addition behind the existing facades, the construction of 59,630 square feet of tenant buildout improvements. The United States Department of Housing and Urban Development requires a more definitive resolution for the review and approval of your Honorable Body, in accordance with the United States Department of Housing and Urban Development regulations. It is therefore respectfully requested that the attached resolution be approved as an additional and supplemental resolution to Item #123, which was approved on October 29, 1991. RECEIVED AND FILED. No. 95 CDBG Section 108 Funds Towne Gardens, Ltd. Item #123, C.C.P. 10/29/91 On October 29, 1991, this Honorable Body passed a resolution authorizing a $5,000,000.00 Section 108 loan for the Neighborhood Commercial Land Bank Program. The Department of Community Development wishes to reallocate $1,700,000.00 for the renovation of the Towne Gardens Plaza. The renovations include the construction of a 5,200 square feet addition to the plaza to house the Towne Gardens Health Care Center, the construction of 7,535 square feet of retail space and other site and facade improvements. The United States Department of Housing and Urban Development requires a more definitive resolution for the review and approval of your Honorable Body, in accordance with the United States Department of Housing and Urban Development regulations. It is therefore respectfully requested that the attached resolution be approved as an additional and supplemental resolution to Item #123, which was approved on October 29, 1991. RECEIVED AND FILED. No. 96 CDBG Section 108 Funds Harbour Place Marine Sales, Inc. Item #71, C.C.P. 01/25/94 On January 25, 1994, this Honorable Body passed a resolution authorizing a $ 1,620,706.00 Section 108 loan to Harbour Place Marine Sales, Inc. It has come to our attention that the United States Department of Housing and Urban Development now requires that certain statements be made in the authorizing resolution. Therefore, attached please find a more definitive resolution for the review and approval of your Honorable Body, in accordance with the United States Department of Housing and Urban Development regulations. It is therefore respectfully requested that the attached resolution be approved as an additional and supplemental resolution to Item #71, which was approved on January 25, 1994 RECEIVED AND FILED. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 97 Disposal Of Toxic Soil Item No. 180, C.C.P. 6/14/94 With regard to the above subject matter, please be advised thin Department does agree that the city must put a law on the books to prevent this hazardous situation. The department has sent a request to Corporation Counsel to open dialogue between all properties concerned to create an ordinance. (see attached) We trust this will satisfy your inquiry. Should you have any questions please feel free to contact this office. RECEIVED AND FILED. No. 98 Vandalism of 826 Tonawanda Item No. 67, C.C.P. 6/14/94 With reference to the above subject property please be advised this Department cannot make any recommendations at this time to the issue of relocating the fence and blocking in the opening for the following reasons: 1. We need a copy of the property survey to determine that violations of the city zoning and building codes will not be created. 2. More information is needed as to the height and length of the cinder block wall to be erected. So as to determine if plans are required to be submitted to insure code compliance and structural integrity. We trust this will satisfy your inquiry. Should you have any questions please feel free to contact this office. RECEIVED AND FILED. No. 99 Demos for D'Youville Parking Lot Item No. 78, C.C.P. 6/14/94 With regard to the above subject please be advised our investigation in the status of building permits for the D'Youville parking lot (489, 493, 499 Prospect Ave.) reveals that no application for the permit has been filed. However, Northeastern Demolition has filed insurance and a bond to the Permit Office for the job. It is my understanding that a formal appeal on a building permit of this type must be filed within 72 hours once the permit has been issued. Please be aware it would best serve your Honorable Body to confer with the Permit Office, Dept. of Public Works, as they are the issuing agency for permits. We trust this will satisfy your inquiry. If you have any questions please contact this office. RECEIVED AND FILED. No. 100 Ordinance Amendment (Tenant Accountability) Item No. 55, C.C.P. 6/28/94 In reference to the resolution pertaining to tenant accountability we are of the opinion that if legislation of this type were enacted on it's own it would be very difficult to enforce. It would seem that if we are considering the regulation of rental housing that there is an opportunity available to couple this type of regulation along with the proposed licensing of rental housing. If this possibility exists it would seem that combining this legislation in some way would enhance the effectiveness of both resolutions It is our sincere hope that this response satisfies your inquiry. RECEIVED AND FILED. No. 101 Loan Review Committee Form Rental Rehab Loan As per Council's request for a form to address applicant's delinquent taxes on other properties as well as Letters of Violation, I am submitting the following form. LOAN REVIEW COMMITTEE FORM/RENTAL REHAB LOAN RE: ________________________ SUBJECT PROPERTY To: ________________________ NAME/CORPORATION ________________________ ________________________ HOME ADDRESS Please be advised that we are in receipt of your loan package request to rehab the above referenced property. Our Loan Review Committee has met and reviewed your application. Although most of your package seems in order, regarding the subject property, we have run a property ownership review check on other properties that you now own, individually or collectively, and find that there are properties showing either delinquent taxes, water bill, sanitation charges, demolition costs and/or outstanding Housing Code Deficiencies as reported from the City Assessors Department or Property Inspections Unit. We strongly advise that you address the status of these other properties and provide us with an action plan, within 45 days, showing the delinquencies to be current and the Housing Code Deficiencies either corrected or a process formulated to correct them. Your corrective action regarding this situation strongly influences our consideration for approval of your loan for this subject property. We hope that you understand our conditional position. Since we administer dollars to enhance the housing stock in the City of Buffalo, part of the process is to insure the responsible inclusion from all aspects of ownership. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 102 Liquor License-Harbor Place Restaurants 2 Templeton Terrance Item No. 68, C.C.P., 5/17/94 With regard to the above subject property please be advised an on site inspection of this property both interior and exterior shows substantial compliance. A computer check reveals no outstanding violations or court action pending. Additionally, contact with Deborah Wilczewski of Sportservice informs us that their purchase of the Bar/Restaurant will no be completed and they will be withdrawing their application for a liquor license. We trust this will satisfy your inquiry. Should you have any questions please feel free to contact this office. RECEIVED AND FILED. No. 103 Liquor License: Mints Organization 951 Delaware Avenue Item No. 77, C.C.P. 5/31/94 With regard to the above subject property please be advised an on site inspection of this property both interior and exterior shows substantial compliance. A computer check reveals no outstanding violations or court action pending. Card file shows approved legal use as a Bar/Restaurant. Minor repair work and interior decorating is wrapping up at the premises I trust this will satisfy your inquiry. Should you have any questions please feel free to contact me. REFERRED TO THE COMMITTEE ON FINANCE. No. 104 Liquor License - Wilbur P. Trammell 74 Delaware Avenue Item No. 77, C.C.P. 5/31/94 With regard to the above subject property please be advised an interior inspection of the bar and exterior inspection of the building shows substantial compliance at this time. The bar is located in the basement of a ten story apartment building and is inspected periodically by Multiple Dwellings. Most recently an interior renovation of the bar area was completed. Work was covered under permits and performed by licensed contractors. A computer check shows no outstanding violations or court action pending. Card file shows approved use as a bar. I trust this will satisfy your inquiry. If you have any questions please feel free to contact me. REFERRED TO THE COMMITTEE ON FINANCE. No. 105 Bids - Emergency Demolition 165 Chester Item No. 65, C.C.P. 5/31/94 The Division of Housing and Property Inspections is charged with the responsibility of the demolition of dangerous buildings. In the case of 165 Chester St., an emergency demolition was performed under the orders of Battalion Chief Mullen. The damage to this parcel was so severe that it was deemed necessary to immediately demolish this structure. This working fire was considered so dangerous that it required immediate attention. The secondary concern compounding this emergency was the illegal storage of used tires. The Battalion Chief and the Director of Housing and Property Inspections both agreed that further spread of fire or re-ignition of this fire would not only be a considerable danger to the surrounding neighborhood but the burning tires would release oil contained in them when being consumed by fire. The Division of Housing and Property Inspections is using all avenues available to us to have the City of Buffalo reimbursed for this expenditure. The Mayors Task Force on Housing is investigating the owner and other obligations that may exist. The communication dated June 22, 1994 makes reference to "the excessive amount charged by Lebis contracting". It is our opinion that this division not only acted in a timely fashion but in a responsible one also. It is our sincere hope that this communication satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 106 Report of Pre-Demolition Asbestos Removal for Various Locations Within the City Please be advised that Pre-Demolition Asbestos Removal bid offers were solicited by our department on July 7, 1994 and that the contract will be awarded to the following responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 51 Box Street Peerless Environmental Control, Inc. City of Buffalo $2,092.50 1605 Genesee & Garage Peerless Environmental Control, Inc. City of Buffalo $7,290.00 378 Goodyear & Garage Peerless Environmental Control, Inc. City of Buffalo $5,373.00 227 Grey front & rear Asbestos Removal Services, Inc. City of Buffalo $2,000.00 539 Northland Avenue Peerless Environmental Control, Inc. City of Buffalo $6,210.00 77 Pershing rear only Peerless Environmental Control, Inc. City of Buffalo $4,896.00 131 Shumway & Garage Peerless Environmental Control, Inc. City of Buffalo $2,013.00 Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of 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 too the Capital Outlay Fund #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated July 7, 1994, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of pre-demolition asbestos removal contract to Peerless Environmental Control, Inc. at a cost of $2,092.50, relating to 51 Box Street; $7,290.00 relating to 1605 Genesee & Garage; $5,373.00 relating to 378 Goodyear & Garage; $6,210.00 relating to 539 Northland Avenue; $4,896.00 relating to 77 Pershing rear only; $2,013.00 relating to 131 Shumway & Garage and to Asbestos Removal Services, Inc. at a cost of $2,000.00 relating to 227 Grey front & rear, is hereby confirmed, ratified and approved, with said cost to be charged against the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 13 NOES- 0. No. 107 Fee-Dealing Owners/Housing Violations Item No. 186, C.C.P. 6/14/94 With regard to the above subject, please be advised this proposal is good and is greatly needed. It is our opinion that this does not include properties in which a permit has been issued. The permit fees are structured to pay for the inspections of the property. The other concern the Department would like to express is that the extent ion must be approved by the Department and must be submitted two weeks prior to the callback inspection that will generate said fees. We trust this will satisfy your inquiry. Should you have any questions please feel free to contact this office. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 108 Permit Compliance Process Item No. 182, C.C.P. 6/14/94 With regard to the above subject please be advised there presently is a system in place for the issuance and monitoring of building permits. This process does include many checks and balances, as well as recourse against violators. Once a permit is issued the Department of Housing and Property Inspections takes charge of the site and is responsible for the monitoring of the construction. The following Divisions within the Department have certain and different responsibilities. New Construction - Structural, job site conditions and compliance and conformity with the codes, ordinances and plans and permit issued. Electrical Division - the monitoring of all electrical work being performed at site. Plumbing Division - the monitoring of all plumbing work at site. Fuel Devices-the monitoring of all H.V.A.C. (Heating ventilating and Air Conditioning) being performed at site. Elevator Division - the monitoring of the installation of all elevators being installed at the site. The process involves numerous inspections by each Division at different phases of construction. An inspector should be visiting job sites weekly in order to perform their duties most efficiently. Some sites require inspections more frequently. The current staffing does not allow this to be a reality. The following is the present staffing of each Division: New Construction - four inspectors and one Chief inspector Plumbing - four inspectors and no Chief inspector Fuel Devices - two inspectors and no Chief inspector. This staff monitors the entire city for New Construction. An increase in manpower would insure proper inspectional coverage and allow the inspectors to be more diligent and not be rushed on an inspection. As far as 1-3 City Ship Canal is concerned the inspector was Joe Krygier and a copy of his file for this property is attached. If you have any questions please feel free to contact me at 851-4913 or Matthew J. Baudo, at 851-4945. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 109 Ordinance Amendment (Rental Housing Business) Item No. 197, C.C.P. 6/28/94 In reference to the proposed licensing of absentee landlords the division of Housing and Property Inspections wish your consideration of the following needs. Previous resolutions have mentioned that" current policies have had little effect on reducing blight in many neighborhoods". The division of Housing wishes to inform your honorable body that policies and procedures are not as much of a problem as staffing levels. We are in agreement that some sort of regulatory system be established for the regulation of rental housing. If such a service is provided we believe that there should be a non-refundable fee established . Previous investigation and research into this licensing program has indicated to us that at current staffing levels a program of this type would fail. Such an undertaking may be better implemented if it is included with a master inspection plan, including fee scheduling, staffing for implementation and including tenant accountability. On the agenda there is also currently being considered a resolution dealing with tenant accountability. Perhaps if both these items were to be regulated by the same ordinance it would enhance each others effectiveness We would appreciate any assistance your Honorable could provide in the implementation of these goals. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 110 Contract for Collection of Delinquent PVB Fines Item #17, C.C.P. July 12, 1994 Given the City's difficult financial situation, it is important that we take as many steps as possible to collect funds when due. The centralized collection effort begun by the Comptroller should be supported in this regard, and--preliminarily--has shown positive results. As your Honorable Body is aware, there is approximately $11-14 million in delinquent parking fines that has not been collected. While collection of the entire sum is unrealistic, we believe that--with effort--some of those fines can be recovered. The effort that is required, though, involves the use of expertise that the City does not possess: collecting past due fines requires (among other things) a constant flow of communication and special techniques like "skip tracing" in order to locate the debtor and secure payment. It is this special expertise that prompted the Comptroller's office, in conjunction with Parking Violations, to issue an RFP for collection agencies earlier this year. In addition, and based on the same logic, your Honorable Body passed an ordinance amendment that allows the City to recover the cost of a collection agency from the debtor. The end result of the RFP process was the selection of FCA as the proposed agency for collection of past due parking fines. A proposed contract between the City and FCA is before the Council at present. Last week, the City Treasurer raised issues with respect to FCA's collection of past due fines as it affects the Treasurer's role. The issues raised by the Treasurer have merit; as a result, much time was spent in revising the arrangement with FCA, especially as regards the receipt of funds. The Treasurer as well as representatives from the Law Department, PVB, Collections and the Comptroller's office all participated in these discussions. 1 believe that the revisions we are presenting are acceptable to all, from both a legal and operational perspective. The revisions will eliminate FCA's role in depositing finds altogether, instead requiring FCA to courier payments and source documents to the City Treasurer each day for reconciliation and deposit. At the same time, though, FCA will stay in a primary role as far as receiving and processing information concerning the 80,000 delinquent accounts; this should reduce the potential for confusion between those "old" accounts and the current accounts currently being handled by PVB staff. It is imperative that the handling of those "old" accounts stay at FCA. Again, it is my understanding that this revision is acceptable to the Law Department as well as to all of the other areas involved. I am therefore requesting, with all due respect, that your Honorable Body approve the contract with FCA, as revised, so that we can begin to work quickly to collect the revenue. I would be happy to answer any questions. RECEIVED AND FILED. No. 111 Bflo Philharmonic Orchestra - Request Release of Grant-In-Aid Funds Item #86, C.C.P. July 12, 1994 I support the immediate release of the $77,000 in City grant in aid funding for the Buffalo Philharmonic Orchestra (BPO). I believe that the orchestra has worked hard to address its problems. The three year contract agreed to by the management and musicians of the BPO represents significant progress toward solving the orchestra's financial problems; in addition, it gives a key group of stakeholders--the musicians--a greater level of involvement in decisions that affect them and the orchestra overall. Both of these results should help the BPO to continue its active role in the region's cultural community, and to remain as primary tenant at Kleinhans Music Hall. I am also confident, based on discussions with orchestra management, that the 1994-95 season will be completed as planned and that season ticket holders will not be penalized because of the orchestra's troubles. Given this progress, and in light of the City's own financial situation, if we can help by releasing budgeted ends early, I believe we should do so. RECEIVED AND FILED. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 112 Youth Gang Violence and Substance Abuse Grant Please be advised that the Department of Human Resources, in conjunction with the Division of Substance Abuse Services, has applied for a $100,000 planning grant with the Department of Health and Human Services on Youth Gang Violence and Substance Abuse. It is the philosophy of the Department of Human Resources to develop a plan to deal with youth gang violence and drug trafficking. The first year is a planning grant, with then a five year implementation phase. We are asking for your approval to apply for this funding and we look forward to working with your honorable members in the development of this program. Mr. Pitts moved: That the communication from the Department of Human Resources, dated July 12, 1994, be received and filed; and That the Commissioner of Human Resources be, and he hereby is, authorized to apply for funding with the Department of Health and Human Services for a Youth Gang Violence and Substance Abuse Grant to develop a plan to deal with youth gang violence and drug trafficking. PASSED. AYES- 13 NOES- 0. No. 113 Demonstration Coalition Grant Please be advised that the Department of Human Resources and the Division of Substance Abuse Services has applied for a $2.5 million, five year Demonstration Coalition Grant with the Center of Substance Abuse Prevention. It is our intention to develop a community based coalition under Federal guidelines, that will ensure that the Department of Human Resources creates a comprehensive strategy to help fight crime and substance abuse. We look forward to your approval and working with your honorable members in the very near future. Mr. Pitts moved: That the communication from the Department of Human Resources, dated July 12, 1994, be received and filed; and That the Commissioner of Human Resources be, and he hereby is, authorized to apply for a $2.5 million, five year Demonstration Coalition Grant with the Center of Substance Abuse Prevention to develop a community based coalition to held fight crime and substance abuse. PASSED. AYES- 13 NOES- 0. No. 114 Midnight Basketball T & A Account No. 72, C.C.P. 7/12/94 Please be advised that the Buffalo Division for Youth is the Lead Agency for Midnight Basketball in New York State for Buffalo. The league will begin July 25, 1994 at 7:00 p.m. in the ECC city campus facility. There are 16 teams and two sites; Father Belle Community Center, 104 Maryland Avenue and the JFK Community Center, 114 Clinton Street. Games will be played from 10:00 p.m. until 2:00 a.m. We presently have 165 participants between the ages of 17 and 26 years of age. Each team has a sponsor. Each sponsor is required to pay $2,000 for a team. To date, we have 14 teams sold with two "on the hook". Checks must be made payable to the New York State Midnight Basketball League. Those checks are sent to Mrs. Nancy Anderson, Assistant Secretary of Human Resources for Governor Mario Cuomo. Those monies will be sent back to Buffalo to help defray the cost of paying for staff, as well as coaches, referees, timekeepers, and scorekeepers. Additionally, local monies will have to be raised to help pay the salaries of the Director, Office Manager, and Receptionist. The request for the T & A Account to be established for the Buffalo Division for Youth would enable our Department to receive checks and donations which will come in, not only from New York, but funds raised locally as well. Buffalo Midnight Basketball League monies from the private sector needs to be kept separate from the city's general fund monies. See attached two page informational invitation for the Midnight Basketball league "Tip Off" game Monday, July 25, 1994. This event is to help raise funds to defray the cost of equipment, supplies, banquet, insurance, tuxedos, limos, trophies, and other operational expenses. We have tried to include all information that you would need to understand the structure, dates, times, and location of the Midnight Basketball League including the names and functions of the participants. If you have any further questions, please feel free to contact me. Hoping that you would favorably consider our request. Mr. Pitts moved: That the communication from the Department of Human Resources, dated July 21, 1994, be received and filed; and That the Commissioner of Human Resources be, and he hereby is, authorized to establish a T & A Account for the Buffalo Division for Youth for the Buffalo Midnight Basketball League monies. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF GENERAL SERVICES No. 115 Ordinance Amend. Ch. 96 - Performance Bond Res #184, C.C.P. July 12, 1994 Item No. 207 C.C.P. 3/30/94 Item No. 184 C.C.P. 7/12/94 The Department of General Services concurs with the proposed Amendment to the Code of the City of Buffalo Section 96-12 (E) with the following reservations: 1) The amount does not adequately reflect the need for a higher ceiling. The change will bring the City in compliance with a General Municipal Law requirement that is 4 years old and may not be practical in today's economic climate. 2) A proposed change to Section 96-7 Alternatives to Performance Bonds was filed 3/30/94 item # 207 outlining the need for discretion and flexibility in setting dollar amount levels for City Purchasing. This item should be considered and referenced in Section 96-12(E). The overall intent of amending these sections of the code are to generate competitive bids that will reduce the operating cost of the City without putting the City at undue risk, considering this, action should be taken on both items simultaneously. Item #207 C.C.P. 3/30/94 and #184 C.C.P. 7/12/94. RECEIVED AND FILED. No. 116 Bids-Ferrous Scrap Metal The City of Buffalo has possession of a quantity of ferrous scrap metal which was offered for sale, by informal bid on June 28, 1994. More scrap metal will be available for sale as it is accumulated. This is to advise The Honorable Body that 22 bids were sent out and 6 bids were returned. You will find a list of bidders attached. The scrap metal will be delivered to the successful bidders yard by a employee of the City of Buffalo. The city employee will certify the weight of the scrap metal and return the weight ticket to the department. I am requesting that your Honorable Body approve the award, for a period of one year from date of award, with two one year renewal options, as follows to the responsible bidder, Advanced Metal Recycling for Ferrous Scrap Metal which includes: A) Sheet Iron/Steel B) Cast Iron/Steel C) Mixed Sheet and Cast Iron/Steel Bidders List Ferrous Scrap Metal Bid # 00420 Advanced Metal Recycling Max Brock Co. Hurwitz Bros. El-Don Battery Johnson Steel Twin Village Salvage REFERRED TO THE COMMITTEE ON FINANCE. No. 117 Bids- Non-Ferrous Scrap Metal The City of Buffalo has possession of a quantity of non-ferrous scrap metal which was offered for sale by informal bid on June 28, 1994. More scrap metal will be available for sale as it is accumulated. This is to advise The Honorable Body, that 22 bids were sent out and 6 bids were returned. You will find a list of bidders attached. The scrap metal will be delivered to the successful bidders yard by an employee of the City of Buffalo. The city employee will certify the weight of the scrap metal and return the weight ticket to the department. I am requesting that your Honorable Body approve the awards, for a period of one year from date of award, with two one year renewal options, as follows to the responsible bidder, Max Brock Co., Inc. for Non-Ferrous Scrap Metal which includes: A) #2 Heavy Copper and Wire B) #2 Heavy Copper and Wire Insulated C) Red Brass Solids Cocks and Faucets D) Auto Radiators, Unsweated E) Aluminum, Old Sheet and Cast F) Heavy Soft Lead G) Heavy Soft Lead 12-15 Pound Ingots From Police Firing Range. Bidders List Non-Ferrous Scrap Metal Bid # 00421 Max Brock Co. Twin Village Salvage Co. United Alloys Co. Hurwitz Bros. Johnson Steel El-Don Battery REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 118 Hiring Of Residents (BMHA) Item #75, CCP May 31, 1994 In response to Councilmembers' request, I am forwarding a copy of an agreement between the City of Buffalo and Local 264, AFSCME, AFL-CIO, dated March 20, 1979, regarding the consolidation of unskilled labored titles. The purpose of the Agreement was to establish a labor class within the City of Buffalo by consolidating all unskilled labor titles throughout City departments. The Agreement specifies that administrator of the labor class would be in accordance with the State Civil Service Laws and Rules for the Classified Civil Service of the City of Buffalo. The Buffalo Municipal Housing Authority Board of Commissioners approved the implementation of the non-competitive labor class in the Housing Authority the following year. (A copy of the Board approval is attached). There is no provision in the Agreement between the City of Buffalo and Local 264 or the BMHA Board approval indicating that the non-competitive class was created for the purpose of hiring residents. The Buffalo Municipal Housing Authority has in the past and will continue to inform residents of job opportunities available. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 119 Accounting Info- C & W Dance For Charity Enclosed is the accounting information provided by Tony McKegney in regards to the C&W Dance for Charity event held at the Buffalo Memorial Auditorium on June 26, 1994. REFERRED TO THE COMMITTEE ON FINANCE. No. 120 Financial Disclosure Statement Filers For 1994 Attached are lists of employees and boards members who filed an annual financial disclosure statement for the year 1994. The first 6 pages contains a list of employees by department. The following 8 pages contains a list of board members by Boards. RECEIVED AND FILED. No. 121 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 Kleinhans Music Hall- Div. of Buildings RECEIVED AND FILED. No. 122 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 2192 Niagara St. Gulley's Dance'n & Eat'n Gulley's Inc. 26 Virginia The Gargoyle Gargoyle Inc. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 123 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- Kevin Redanz Street Sanitation- Joseph Tomasulo Admin. and Fin.- Marilyn LaPiana, James Bagarozzo RECEIVED AND FILED. No. 124 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Buffalo Sewer Authority City Planning Board Water Finance Authority RECEIVED AND FILED. No. 125 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Pitts moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective July 8 1994 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Peter Botticcelli, 316 Normal Ave., Bflo., New York 14213 Carm Trippi, 26 Woodette Pl., Bflo., NY 14207 Danny Nelson, 232 Roslyn St., Bflo., 14215 Tamika Potts, 41 Rich St., Bflo., 14211 Marquita Knight, 235 Wyoming Ave., Bflo., 14215 Diana V. Lash, 18 Durham St., Bflo., 14215 Lourdes M. Ventura, 77 Trinity Pl., Bflo., NY 14201 Derrick Humphrey, 215 Maple St., Bflo., NY 14204 Shatanya S. Russell, 251 Moselle St., Bflo NY 14211 Michael Miller, 169 Landon St., Bflo, NY 14208 Michael Goodwin, 346 Franklin, Bflo, NY 14202 Andre M. Bragg, 307 Oakmont, Bflo, NY 14215 Lauren Smith, 191 Hazelwood Ave., Bflo, NY 14215 Appointment effective July 11, 1994 in the Department of Common Council, Damon Strader, 59 Wex Ave., Buffalo, NY 14211, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Appointment effective July 12,1994, in the Department of Common Council to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25 hr. George Calhoun, 122 Moselle, Bflo 14211 Keiona Reid, 1948 Bailey Ave., Bflo., 14211 Marlena Williams, 146 Hewitt Ave., Bflo., 14215 Crystal Harden, 67 Rickert Ave., Bflo., 14211 Dawn Bryant, 236 Roslyn, Bflo, NY 14215 Laura Jackson, 19 Thatcher, Bflo, NY 14215 Jumanne Pitts, 265 Voorhees, Bflo, NY 14216 Nia Tillett, 37 Orange, Bflo, NY 14204 Tamra Tolbert, 11 Midvale, Bflo., NY 14215 Appointment effective July 13, 1994 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25 hr. Jameel Watts, 422 Koons Ave., Bflo NY 14211 Michael Borzillieri, 47 Geary, Bflo 14220 Patrick Bavaro-Phelan, 236 McKinley, Bflo 14220 Michael McCafferty, 347 Downing, Bflo 14210 Appointment effective July 14, 1994 in the Department of Common Council to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Shawna Gourdine, 7 Palos Pl., Bflo, NY 14215 Shawn Gourdine, 7 Palos Pl., Bflo, NY 14215 Appointment effective July 15, 1994 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25 hr. Michelle Malesky, 270 East Street, Bflo, NY 14207 David Elliott, 100 E. Tupper, Bflo., 14205 Marshaun Quinney, 201 Laurel Ave., Bflo., 14266 Tanisha Harris, 82 Moselle St., Bflo., 14211 Appointment effective July 18, 1994 in the Department of Common Council to the position of Intern II, Seasonal, at the Flat starting salary of $ 5.00 hr. Tamika Mootry, 19 Hastings Ave., Bflo, NY 14215 Kim Ward, 176 Butler, Bflo, NY 14208 Appointment effective July 19, 1994 in the Department of Common Council, Justin M. Laguerre, 67 Monroe St., Buffalo, NY 14206 to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25 hr. Appointment effective July 20, 1994 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Melissa E. Torres, 139 Albert Ave., Buffalo, 14207 Teneisha Neal, 52 Kerns St. , Buffalo, 14211 Appointment effective July 13, 1994 in the Department of Common Council, to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00 hr. Adrian Baugh, 45 Woodward Ave., Buffalo, NY 14214 Mary M Sands, 111 Kimberly, Buffalo, NY 14220 Marie Martinelli, 244 Forest Ave., Buffalo, NY 14213 Appointment effective July 11, 1994 in the Department of Common Council, Zeymeba Carter, 68 Maryner Homes, Buffalo, 14201, to the position of Intern IV, Seasonal, at the Flat starting salary of $ 6.00 hr. Appointment effective July 15, 1994 in the Department of Common Council Donna Hill, 155 Goulding St., Bflo., 14208, to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 hr. Appointment effective July 19, 1994 in the Department of Common Council to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 hr. Eboni C. Chillis, 278 Parker Ave., Bflo, NY 14214 Armond Scott, 50 Fernhill Ave., Bflo, NY 14215 Appointment effective July 11, 1994 in the Department of Common Council John Emmons, 21 Hedley Pl. Buffalo, NY 14208 to the position of Intern V, Seasonal, at the Flat starting salary of $8.00 hr. Appointment effective July 18, 1994 in the Department of Common Council to the position of Intern V, Seasonal, at the Flat starting salary of $8.00 hr. Leslie Kee, 40 Meech St., Bflo, NY 14208 Nichelle Bulls, 424 Wyoming Ave., Bflo, NY 14215 No. 126 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 6, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs, Thomas Vanderlip, 50 Pomona PI., Buffalo, New York 14210, to the position of Intern II, Seasonal, at the starting salary of $ 4.25 hr. Appointment effective July 7, 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. Paul DiPirro J., 52 Taunton Place, Buffalo, NY 14216 Antwan, White D., 131 Butten, Buffalo, NY 14208 Appointment effective July 8,1994 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 hr. Robert Lee, 81 Pershing Ave., Bflo., NY 14211 Nicole Bosley, 664 Woodlawn Ave., Bflo., 14211 Shawntela Russell, 201 Jewett Ave., Bflo., 14214 Michael Spruill, 795 Niagara St., Bflo., 14213 Appointment Effective July 11, 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 Sione K. Akauola, 106 Fairfield, Buffalo, NY 14214 Mary Ellen Siller, 91 Beard, Buffalo, NY 14214 Appointment effective July 12,1994 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 Tay Young, 1270 Kensington, Bflo., 14215 Kelly Clark, 1002 Humboldt Pkwy., Bflo., 14211 Appointment effective July 14,1994 in the Department of Mayor's Office, Maurice Curry, 69 Courtland Ave., Buffalo, NY 14215 to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25 hr. Appointment effective July 18, 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 hr. Mandy Hawkins, 43 Proctor Ave., Bflo, NY 14215 William J. Ramos, 70 Tracy, Bflo, NY 14201 Louis Cardona, 394 Busti Ave., Bflo, NY 14201 Peggie Giambra, 523 Fargo Ave., Bflo, NY 14213 Kevin O'Neil, 866 Abbott Road, Bflo, NY 14220 Johnny Perkins, 408 Northland Ave., Bflo, NY 14208 Daniel Wachowicz, 81 Barnard St., Bflo, NY 14206 Velora M. Sommerville, 79 Northampton, Bflo NY, 14211 Cecily A. Hayes, 2528 Main St., Bflo, NY 14214 Appointment effective July 8, 1994 in the Department of Mayor's Office Division of Youth Opportunity and Employment Programs Kandyce L. Jones, 78 Fernhill Ave., Buffalo, NY 14215 to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 hr. Appointment effective July 18, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs Kelly L. Martin, 320 Eden Street, Buffalo, NY 14220, to the position of Intern III, Seasonal, at the starting salary of $5.00/hour. No. 127 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 July 18, 1994 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Richard Clark, 245 Riley Street, Buffalo, 14208, to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. DEPARTMENT OF AUDIT & CONTROL Appointment effective July 8, 1994 in the Department of Audit and Control, Division of Real Estate, Jody E. Briandi, 175 Sanders Road, Apt. 9, Buffalo, NY 14216, to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. Appointment effective July 22, 1994 in the Department of Audit & Control, Division of Real Estate, Marc Panaro, 776 Richmond, Bflo, NY 14222 to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. DEPARTMENT OF PUBLIC WORKS Appointment effective July 8, 1994 in the Department of Public Works, Division of Engineering, David J. Maloney, Jr., 21 Mumford, Buffalo, NY 14220 to the Position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. Appointment effective July 8, 1994 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. Matthew Cybulski, 90 Ideal St., Bflo, NY 14206 Michael J. Fahey, 382 Abbott Rd., Bflo, NY 14220 Frank J. Zorechak, 136 Lafayette Ave., Bflo, NY 14213 Charles A. Gugliano, 181 Congress St., Bflo, NY 14213 Charles T. Cirringione, 62 Alden Ave., Bflo, NY 14216 Darren Toczek 147 Bush St. Bflo, NY 14207 Mark Baker 98 Manhattan St, Bflo, NY 1421 Jules Stover 254 Watson St, Bflo, NY 14206 Terrance Sullivan 41 Smith St, Bflo, NY 14210 Carmen Mambrino 229 Hampshire St, Bflo, NY 14213 Irving Fowler 208 Best St, Bflo, NY 14209 Wilson Vasquez 101 Lakeview, Bflo, NY 14201 Appointment effective July 13, 1994 in the Department of Public Works, Division of Engineering, Leonard Merlo, 332 Grant St., Buffalo, NY 14212 to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. 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. Cannan, 178 Fenton St., Bflo, NY 14206 Mark Parsons, 22 Clio Ave., Bflo, NY 14220 Noreen Sabadasz, 79 Fenton St., Bflo, NY 14206 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. Rebecca Nieves, 239 Fifteenth St., Bflo, NY 14213 Juan Jurado, 280 Hudson St., Bflo, NY 13201 Shawn Walsh, 836 Parkside Ave., Bflo, NY 14216 Appointment effective July 8 1994 in the Department of Parks, Division of Recreation, Nichole Clency, 143 Dartmouth, Bflo, NY 14215 to the position of Lifeguard, Seasonal, at the Flat starting salary of $5.20 hr. Appointment effective July 13 1994 in the Department of Parks, Division of Recreation, Louis Dingleday, 48 Sage, Bflo, NY 14210 to the position of Lifeguard, Seasonal, at the Flat starting salary of $5.20 hr. Appointment effective July 14, 1994 in the Department of Parks, Division of Recreation, to the position of Lifeguard, Seasonal, at the Flat starting salary of $5.20 hr. Jaimie Logal, 55 Virgil Ave., Bflo, NY 14216 Roshawn Perry, 154 Maple St., Bflo, NY 14204 Anthony Verel, 166 Dorrance Ave., Bflo, NY 14220 Appointment effective July 14 1994 in the Department of Parks, Division of Recreation, Americ Quandt, 118 Richmond, Bflo, NY 14222 to the position of Supervising Lifeguard, Seasonal, at the Flat starting salary of $5.98 hr. Appointment effective July 21 1994 in the Department of Parks, Division of Recreation, Theodore Bryant, Jr., 101 Dodge St., Bflo, NY 14209 to the position of Supervising Lifeguard, Seasonal, at the Flat starting salary of $5.98 hr. Appointment effective July 14, 1994 in the Department of Parks, Division of Recreation, Catherine Long , 14 Yale Pl., Bflo, NY 14210 to the position of Fee Collector, Seasonal, at the Flat starting salary of $4.94 hr. Appointment effective July 21, 1994 in the Department of Parks, Division of Recreation, Philip Richardson, 310 Chelsea Pl., Bflo, NY 14214 to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective July 25, 1994 in the Department of Parks, Division of Recreation, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Herbert Marcus, 389 Goodyear, Bflo, NY 14211 Kenneth Stevens, 106 Timon, Bflo, NY 14211 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective July 11, 1994 in the Department of Administration & Finance, Division of Parking Enforcement, Marie Nasca, 99 Middlesex Rd., Bflo, NY 14216 to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hr. Appointment effective July 25, 1994 in the Department of Administration & Finance, Division of Parking Enforcement to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr. Khalimah A. Halim, 92 Ericson, Bflo, NY 14215 Anthony T. Miller, 262 Berkshire Ave., Bflo, NY 14215 DEPARTMENT OF HUMAN RESOURCES Appointment effective July 8, 1994 in the Department of Human Resources, Division of Youth, Nancy D. Grzebielucha, 68 Crescent, Buffalo, NY 14214 to the position of Community Field Worker, Temporary, at the Flat starting salary of $6.55 hr. Appointment effective July 8, 1994 in the Department of Human Resources, Division of Youth, Melissa M. Smaldone, 20 Depew Ave., Buffalo, NY 14214 to the position of Community Aide, Temporary, at the Flat starting salary of $5.46 hr. Appointment effective July 11, 1994 in the Department of Human Resources, Division of Youth to the position of Attendant, Temporary, at the Flat starting salary of $4.42 hr. Peter J. Botticelli, 316 Normal, Bflo., 14213 Isaac Johnson, 55 Hamlin, Bflo. 14208 Franklin D. McClellan, 20 Hamlin, Bflo., 14208 Appointment effective July 11, 1994 in the Department of Human Resources, Division of Youth, Allyson Tinney, 22 Willowlawn, Buffalo, NY 14214 to the position of Lifeguard, Seasonal, at the Flat starting salary of $5.20 hr. Appointment effective July 13, 1994 in the Department of Human Resources, Division of Youth, James F., Ralston, 216 Ross Ave., Buffalo, NY 14217 to the position of Community Aide, Temporary, at the Flat starting salary of $5.46 hr. Appointment effective July 19 1994 in the Department of Human Resources, Division of Youth, Madonna Wilbrun, 201 Miller, Buffalo, NY 14211 to the position of Attendant Temporary, at the Flat starting salary of $4.42 hr. No. 128 Appointments - Temporary, Provisional or Permanent I transmit herewith appointments in the various departments made at the minimum (temporary, Provisional or Permanent) and for appointments at the Maximum (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT & CONTROL Appointment effective July 11, 1994 in the Department of Audit & Control, Division of Audit, Donna J. Estrich, 31 Ashland Ave., Buffalo, NY 14222 to the position of Auditing Inspector, Permanent at the Minimum starting salary of $27,731. Appointment effective July 13, 1994 in the Department of Audit & Control, Division of Audit, Christine A. Petschke, 18 Progressive, Buffalo, NY 14222 to the position of Auditing Inspector, Temporary, at the Minimum starting salary of $27,731. Appointment effective July 25, 1994 in the Department of Audit & Control, Division of Date Processing, Catherine Barton, 232 Weimar St., Buffalo, NY 14206 to the position of Coordinator of Office Automation, Provisional at the Minimum starting salary of $28,785. DEPARTMENT OF FIRE Appointment effective July 20, 1994 in the Department of Fire, Scott Jeziorski, 48 Humason, Bflo, NY 14211 to the position of Firefighter, Permanent at the Intermediate starting salary of $31,957. Appointment effective July 20, 1994 in the Department of Fire, Steven Benton, 260 Davidson St., Bflo, NY 14215 to the position of Firefighter, Permanent Contingent, at the Intermediate starting salary of $31,957. DEPARTMENT OF LAW Appointment effective July 13, 1994 in the Department of Law, James L. Jarvis, Jr., 73 Inwood Pl., Bflo, NY 14215 to the position of Assistant Corporation Counsel II, Permanent at the Minimum starting salary of $45,335. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 129 THE AUD CLUB, INC. Oppose Operation of Paddleboats at Marina I am in receipt of your letter dated June 29, 1994 and I apologize for my response being late, but I just received it. I feel that any commercial business that effects the waterways of the Erie Basin Marina, especially slow moving paddleboats, will create too much congestion for an already crowded facility. It is my position that I would not approve such a business venture at this time. If you have any further questions, please do not hesitate to contact me at 842-4141. REFERRED TO ERIE BASIN MARINA LEASE COMMITTEE. No. 130 BAPIC Oppose Appointment-M. Clark Director-BMHA In my years as a community activist, I have never heard as many complaints as I have regarding policies and procedures of BMHA under the Jurisdiction of Michael Clark Among the complaints voiced by community residents are the lack of minority participation in construction work at BMHA and racist policy that eliminated black families from public housing. His appointment is the worse one that the Mayor could ever make. We are asking for an investigation into conditions while under his leadership. REFERRED TO LEGISLATION COMMITTEE AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY. No. 131 BUFFALO STATE COLLEGE Banners Across Elmwood Avenue Dale, I would appreciate your assistance in approving the placing of banners across Elmwood Avenue for the following dates: 1. Banner announcing the H. H. Richardson Conference - in place the week of the Conference - approximately 8/12/94 - 8/20/94; 2. Banner welcoming Buffalo State students put up immediately after the first banner comes down and staying up from approximately 8/20/94 9/16/94. If more information is needed- please contact my office at 878-6112. Thank you for your help in this matter. Mr. Pitts moved: That the communication from Buffalo State College, dated July 21, 1994, be received and filed; and That Buffalo State College be and the same hereby is granted permission to place a banner across Elmwood Avenue for the following dates: 1. Banner announcing the H.H. Richardson Conference - in place the week of the Conference - approximately 8/12/94 - 8/20/94; 2. Banner welcoming Buffalo State students put up immediately after the first banner comes down and staying up from approximately 8/20/94 - 9/16/94. PASSED. AYES- 13 NOES- 0. No. 132 GREATER BUFFALO PARTNERSHIP World Games Default While I am not sure why your June 29 letter (enclosing the Common Council resolution regarding the 1993 World University Games) was sent to the Partnership, and while I know that GBAC Executive Director, Ken Vetter, has responded officially to your letter, let me provide a few brief comments. The volunteer leadership of the Games remains clearly committed to working for as long as necessary to get all creditors - and especially local vendors - all the money owed to them. Over the past month, a very intensive effort resulted in $1.5 million of additional revenues being made available by the state for this purpose. Currently, the Games leadership is putting together a new creditor repayment plan in light of these and related revenues. Critical in such a plan is knowing precisely when cash from these sources actually will be received. I believe Ken Vetter and Burt Flickinger are in the best position to keep the Common Council informed in that regard. REFERRED TO THE COMMITTEE ON FINANCE. No. 133 HAMLIN PARK COMMUNITY & TAXPAYER'S ASSN. INC. Oppose Demo-15 Eastwood by Canisius College The Hamlin Park Community And Taxpayer's Association, Inc. is quite concerned about Canisius College's present plans to demolish properties on Eastwood Place. As we have voiced consistently for over twenty six years, we are opposed to the type of encroachment Canisius College has engaged in. The college has blatantly refused to work with our. Association and refused to honor commitments to notify us with plans for expansion or purchases of property. Again, our Association has voted at its July 7, 1994 meeting to oppose the demolition of the house at 15 Eastwood Place for the purpose to build a parking lot or pad and any other demolition of residential property in our neighborhood. We in HPCTA, Inc. believe in maintaining the preservation of the neighborhood and the enhancement of our quality of life. In order to achieve our goal as a safe, stable, and pleasant community, we ask for your support to take the necessary steps to develop appropriate legislation. Thank you for your assistance REFERRED TO THE COMMITTEE ON LEGISLATION. No. 134 KING URBAN LIFE, CTR. Request Funds - El Museo Gallery El Museo and the King Urban Life Center are requesting to part of the agenda for the July 26, 1994 Common Council Meeting. We are requesting Community Development Block Grant Support for El Museo Francisco OIler Y Diego Rivera Gallery in the amount of $25,000. This is a request from the KULC and El Museo on behalf of El Museo to receive support from CBDG for immediate and critical administrative costs. KULC and El Museo are making this request jointly as El Museo is a key partner in the King Center project and will be the lead agency in establishing in the King Center program for Multi Cultural Understanding. This program is designed to memorialize the life of Dr. Martin Luther King, Jr. , showcase the work of local, national and international artists of color, house a cultural gift shop, implement an arts program for the early childhood school in cooperation w with the faculty and host cultural activities. El Museo will establish this gallery, community cultural program and educational programs that will highlight the life, struggles and successes of Dr. King. All too often exquisite works of art, significant folk art and socially compelling art is housed in large mainstream galleries that are not readily accessible to disadvantaged urban populations who would benefit greatly from the exposure to and interaction with culturally specific art, folk art and fine art. El Museo has a 10 year track record of presenting exhibitions in neighborhood localities, however, El Museo has a history of being under funded relative to other organizations of color. This is particularly disheartening because El Museo is the only institution gallery dedicated to promoting Latin, African, Afro-Caribbean and African-American artists. It is supported by New York State Council on the Arts, New York Council on the Humanities and to a lesser degree Erie County and the local Arts Council. El Museo desperately needs $25,000 to develop, plan and research the KULC Multi-cultural program. Residents of that community are in dire need of on-going, interactive and enriching programs that will promote peaceful, respectful cohabitation and a sense of pride. We believe this can be accomplished though our program. This is part of an all out effort to infuse a deteriorating area with renewed vitality and community spirit. REFERRED TO URBAN RENEWAL AGENCY COMMITTEE, COMMISSIONER OF COMMUNITY DEVELOPMENT AND COMMISSIONER OF HUMAN RESOURCES. No. 135 NYS BD. OF EQUALIZATION & ASSESSMENT Final Adjustment Base Proportion I, William W. Crotty, Director of the Bureau of Equalization Rates, hereby certify that on July 6, 1994 the State Board of Equalization and Assessment established final adjusted base proportions for the classes and portions listed below on the 1994 assessment roll of the City of Buffalo: PORTION H OMESTEAD NON-HOMESTEAD City of Buffalo 47.80078 52.19922 RECEIVED AND FILED. No. 136 NYS DEPT. OF ENVIRONMENTAL CONSERVATION Info-Gelinmac Use-20 Buffalo River-Manufacturing Feed This is in response to your June 30,1994 letter in which you request a review of the Gelinmac Storage Corporation's request for the City of Buffalo to expedite the use permit for 20 Buffalo River. Mr. John Spagnoli asked me to reply. You requested a reply for your July 7, 1994 meeting. l apologize for the short delay in responding, however, we did not receive your letter until July 5 1994. The current status of the facility, from our perspective, is that the firm has applied for a permit to construct a source of air contamination. The Department has reviewed the application and determined that the application is not complete because design change is required for the exhaust stack, and a Best Management Plan (BMP) is needed to ensure that the facility will be operated in an environmentally sound manner. The firm has submitted information related to both items, which is currently under review. Once the information is determined 'satisfactory, the permit to construct will be recommended for issuance. This will allow the owner to finish installing equipment and commence operation can an interim basis. A final certificate to operate would be issued after determination that the equipment is operating according to the approved design. Considering the firm's needs, every-effort will be made to expedite the process. In a related matter, the firm was recently found to be emitting air contaminants to the atmosphere from the bakery goods dehydration equipment without the required permit. The Department issued and the firm signed an Order on Consent containing a fine of $1000 for this violation. However, the firm has given assurances that operations will not resume until it has received all required approvals. Should you have any additional questions, please feel free to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 137 NYS LAW DEPARTMENT Good Neighbor Agreements In March 1993 the City of Buffalo Common Council adopted a resolution calling on your companies to negotiate "good neighbor agreements" 'with a representative group of residents concerned about the release of toxic substances into the environment of the State and specifically the Seneca-Babcock neighborhood. As part of the resolution, the City Council requested that the Attorney General's office participate and provide information to the "good neighbor team. During the past year our office has discussed with the team numerous industry/community public participation initiatives which have been developed both in New York State and throughout the nation. These initiatives, which have been considered effective in addressing community concerns over pollution problems, have been adopted without resort to litigation and without significant expense. As you are aware, the chemical industry has made public its commitment to reduce hazardous substance emissions, implement pollution prevention programs and eliminate toxic accidents through responsible and-best management practice policies. One initiative which the chemical industry has adopted to improve environmental performance is to respond to public concerns about chemical emissions through its "Responsible Care" program. This office has met with the Seneca-Babcock Good Neighbor Team, and has reviewed recent TRI data, the Chemical Manufacturers Association Responsible Care Program, and the recent NYS Bar Association resolution recommending the CAER and CERBS principle programs. We have also reviewed and considered well-established risk communication and public participation studies. In light of the above, and the fact that more than l 112 years have passed since the City Council's resolution, it is time for your companies to move forward with discussions with the Good Neighbor Team. We therefore request that your companies meet with the team, enter into negotiations directed toward finalizing a Memorandum Of Understanding or Agreement to address and respond to neighborhood concerns about emissions and releases of toxic chemicals from your plant sites, and implement the terms of such an Agreement. This request is entirely consistent wit!- the guiding principles of Responsible Care, which makes public an industry commitment to: 1. recognize and respond to community concerns about chemicals and facility operations; 2. report promptly to citizens information on health or environmental hazards and recommend protective measures; and 3. work with others to resolve problems created by the handling arid disposal of hazardous substances. As New York's Chemical Alliance, an alliance of which most of you are members, has publicly stated, the Responsible Care program is a long-term commitment by our industry . . . to opening up a dialogue with a facility's community and the general public". The Responsible Care program is intended to move beyond existing government regulations. It is intended to set far reaching goals, one of which, in the words of past CMA President Roland, is to "respond to public concern about the chemical industry with actions, not words". The establishment of the Good Neighbor Team and its desire to enter written agreement with you, to formally establish a community presence in matters affecting the Seneca-Babcock neighborhood, is an excellent opportunity for such action. Indeed, one of the most persistent trends in our society has been the growing insistence of citizens to be informed and to participate in matters that affect their quality of life, their personal health and their property. This public concern has been particularly evident in matters relating to environmental health. Public participation in matters concerning toxic air emissions greatly increased upon passage of Tide 3 of the 1986 Superfund Re-authorization Amendments (SARA), formally called the Emergency Planning and Community Right to Know Act (EPCRA), 42 USC 11001-11050. RPCRA provided communities with the opportunity to know what pollutants were emitted into their neighborhoods and, therefore, empowered community residents to participate in matters potentially affecting their lives. As the District Court for the Western District of New York has stated: "RPCRA was enacted to protect citizen's right-to-know about the presence of toxic chemicals in their communities. Where citizens have been injured by their lack of knowledge, RPCRA provides a remedy." Atlantic States Legal Foundation v. P.M. Refining. Inc. 91-CV4365, USDC, WDNY, 1993). Although your companies have reported TRI data, the refusal to negotiate a Good Neighbor Agreement is preventing a goal of the statute from being fulfilled, i.e., a meaningful opportunity for the affected public to participate in effective action concerning toxic emissions into their community. The negotiating team, in seeking a Good Neighbor Agreement, is attempting to create an effective mechanism for direct discussion between the community and the companies. The failure to seize upon this opportunity will most likely result in less communication, more antagonism and increased distrust. Risk communication literature consistently indicates that there is no more effective way to lose credibility with the public than to hold onto information too long or fail to involve the public from the outset. Once credibility is lost, it is difficult to regain and situations tend to deteriorate. It is likely that this deteriorating relationship is what the City Council sought to avoid in -passing the Good Neighbor resolution. The council referenced the community concern over toxic releases into the community, the benefits associated with toxic release reduction and the need for a Good Neighbor Agreement. (City Council Resolution #176, dated 3/16/93). We appreciate that some of you, in particular PVS, have indicated a willingness to consider Good Neighbor Agreement discussions. On the other hand, Buffalo Color has, according to the team, steadfastly refused to negotiate, relying in part on regulatory compliance and government oversight. We ask that Buffalo Color reconsider this position. The risks or threats that concern the public may not be the same ones that company scientists and engineers, or even regulators, identify as most dangerous to health or the environment. To dismiss community fear as irrational and not based on facts, that is, not dealing with the "right risks," can only lead to increased distrust by the residents of this middle to low-income community. The City Council and Good Neighbor Team present you with an opportunity to establish a model of increased communication/ coordination between your companies and the community. Failure to seize upon this opportunity appears inconsistent with the goals of the Responsible Care Program and wide-spread industry efforts to increase public involvement in environmental activities. As such, please advise whether your company has completed Responsible Care Self-Evaluation Forms for the years 1990 to present, whether the team has been established as a Community Advisory Panel (CAP) involved in your program, and describe the elements of your existing Responsible Care Program, if any. In light of the Seneca-Babcock situation, the City Council resolution and the principles of the Responsible Care program, we request that you meet and commence negotiations with the team directed toward developing a Good Neighbor Agreement. We are prepared, if all parties so desire, to facilitate these negotiations and provide information on industry-developed community awareness plans now in effect in New York State. Finally, we invite the New York State Chemical Alliance staff in Albany to participate in this effort, if all parties so agree, so that the Responsible Care Program and its stated goals are successfully and effectively implemented in New York State. Please advise whether your company intends to meet and negotiate with the Good Neighbor Team and develop the schedule for such activity. Thank you for your attention to this matter. We hope that all participants in this effort can proceed cooperatively and productively. REFERRED TO LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 138 NICKEL CITY ROAD RUNNERS Banner - Elmwood Avenue We, the Nickel City Road Runners and J. P. Bullfeathers Restaurant, ask you and the Council for permission to post a sign across Elmwood Avenue for our Ninth Annual "Aid to Athletes" 5K Road Race. The sign would be up for the dates, August 26th thru September 3rd. We thank you and the Council for your cooperation for the past eight years. If you have any questions, please feel free to call me. I'm looking forward to an early reply. I remain. Mr. Pitts moved: That the communication from Nickel City Road Runners, dated June 25, 1994, be received and filed; and That Nickel City Road Runners and J.P. Bullfeathers Restaurant be and the same hereby are granted permission to post a sign across Elmwood Avenue for their Ninth Annual "Aid to Athletes" 5K Road Race. The sign will be up from August 26 through September 3, 1994. PASSED. AYES- 13 NOES- 0. No. 139 NUBIAN CONTRACTORS ASSN. Concerns-Hiring of Minority Contractors By BMHA Please be advised that our association of twenty minority contractors have few contracts from the city's B.M.H.A as primes or as sub contractors. Consistently, only a few minority companies have benefitted from working on any of B.M.H.A housing to my knowledge. Since a great deal of their housing is located within the African American and Hispanic communities, then they should be in greater compliance with Section 3 of HUD's guidelines for minority involvement and this is definitely not the case. Prior to any approval to the reinstatement of Mr. Michael Clark, we are respectfully requesting for a complete review of all contracts let over the past four years to minority contractors as compared to those contracts let to majority contractors. This review should encompass contract dollar amounts and workforce comparisons. In fact, his record of providing fair housing opportunity to African American and Hispanics throughout all of B.M.H.A is also dismal and needs to be reviewed. Please launch a full scale investigation into these concerns prior to signing off on this matter. Let his record speak for itself. REFERRED TO LEGISLATION COMMITTEE AND BUFFALO MUNICIPAL HOUSING AUTHORITY. No. 140 PEACE BRIDGE AUTHORITY Capital Program U.S. Plaza And Connecting Road System During our telephone conversation on June 27 you requested a copy of our Board's resolution approving the Phase I-IV contract with our consultant, the Sear Brown Group. Enclosed please find a Draft copy of the relevant portion of our minutes from our June 24, 1994 Board Meeting, wherein the resolution was approved. The resolution is in draft form until our minutes are formally approved at our next regular Board Meeting. The next regular meeting is July 29, 1994. I do not anticipate any change to the minutes or resolution. I trust that this resolution, coupled with our July 1, 1994 response to the Common Council's May 31, 1994 Resolution (City of Buffalo Resolution No. 205, C.C.P., May 31, 1994 - "Request Peace Bridge Authority to Work in a Cooperative Effort with the City of Buffalo on the Peace Bridge Plaza and Road Access Project") satisfies your request. Feel free to contact me should you have any further questions or comments or require additional information. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 141 REP. JACK QUINN Telecommunication Deregulation Legislation Thank you for contacting me in support of telecommunications deregulation legislation which has been the subject of debate this session of Congress. You will be pleased to learn that on Tuesday, June 28, the House of Representatives passed with my support H.R. 3636 and H.R. 3626. H.R. 3626, the Antitrust and Communications Reform Act, amends the Communications Act of 1934 to allow the Bell operating companies to enter the long-distance market and provide manufacturing, alarm and electronic publishing services and supersedes the Modified Final Judgement (MFJ). This bill includes safeguards to ensure that the Bells and their affiliates do not unfairly benefit. H.R. 3636, the National Communications Competition and Information Infrastructure Reform Act has four main functions. First, it will allow local phone service providers to offer cable services through affiliate companies with certain conditions. Second, H.R. 3636 will require phone companies provide market competitors equal access to line and switching networks. Third, the bill establishes FCC guidelines to prevent existing phone companies from having an unfair advantage in a newly competitive market. Finally, H.R. 3636 directs the FCC to re-evaluate existing cross-ownership restrictions. These bills will create greater competition in telecommunications markets, help advance the development of telecommunications technology and the "information superhighway." I was proud to offer my support for them. RECEIVED AND FILED. No. 142 TCI OF NEW YORK, INC. Info-Cancel FM Service Enclosed please find, for your records, a copy of our recent correspondence sent to the Mayor of the City of Buffalo as well as to each individual Councilmember. Effective August 15, 1994, TCI of New York's FM Service will no longer be available on the Buffalo cable System. All twelve (12) subscribers have been notified recently via mail correspondence. As always, if you have any questions or would like further information, please do not hesitate to contact me at (716? 862-4640. REFERRED TO THE SPECIAL COMMITTEE ON CATV. PETITIONS No. 143 Rino Lavacca, agent, petition to Use 522 Linwood Avenue for a halfway house. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 144 Agnes Kolesar and Others oppose rezoning of 2503 Niagara Street from R-3 to R-5 for law office. (VALID REMONSTRANCE-LETTER FROM C.P. BD. ATTACHED) RECEIVED AND FILED. Report of Regular Committee Meetings Claims Committee David Franczyk Chairman No. 146 Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A1. Robert Bailey and Lewis & Lewis, P.C., As Attorneys $10,000.00 A2. Angeline and Roland Cannizzaro and Siegel, Kelleher & Kahn, As Attorneys $1,500.00 A 3. Rosa Gibson, Ulysses Todd & Ernest Oliver and Jeannette E. Ogden, Esq., As Attorney Item No. 171, C.C.P., June 28, 1994 $4,000.00 A 4. William A. Greene, Jr., F/N/G of William A. Greene III, an infant and Paul William Beltz, As Attorney $13,000.00 A 5. Amelia Hooks and Barbara R. Johnson-Lee, As Attorney $2,700.00 A6. Barbara House $1,200.00 A7. Mary Ann Kochersberger $45,000.00 A8. Ronald W. Osinski and Richard I. Leff, Esq. As Attorney $3,750.00 A9. Kenneth Pezzimenti and Rosenthal, Siegel, Muenkel and Wolf as Attorneys $15,000.00 There are no insurance Companies involved in the settlement of these claims. That checks be drawn on the account of 81-2 General City Charges 100-8 12-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES- 13 NOES- 0. No. 147 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Joseph Brozyna Claim for the replacement cost of clothing, a jean jacket, pair of jeans and a shirt damaged from a hydraulic oil line break on Street Sanitation Truck #1289. $ 140.37 B 2. Daniel Lotito Claim for damage to a 1985 Nissan on May 9, 1994 by an old filing cabinet that Firemen from Ladder #12 put out for trash. The wind blew it onto the parked vehicle. $ 162.54 B 3. NYNEX (CWO 84378) Claim for damage to aerial telephone cable during Water Department excavation at 274 Coit Street due to a water main break. $ 337.01 B 4. Marilyn L. Page Claim for damage to a 1988 Geo Spectrum as the result of a rock being propelled through the driver's side window when Parks Department employees were cutting grass at Schiller Park. $ 243.58 B 5. Verner Palesh Claim for damage to claimant's driveway apron on Henrietta as the result of a water leak under the street causing the driveway to crack and sink. $ 345.00 There are no Insurance Companies involved in the settlement of these claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-000-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. No. 148 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. American Linen Supply Company Claim for payment of prior fiscal year invoices on Account #01111-04 for coverall service to the Fire Department. $ 427.05 C 2. Matthew Bender & Company, Inc. Claim for payment of prior fiscal year Invoice #069451636000 for book subscriptions to the Department of Law. $ 1,650.06 C 3. Brownies Uniform Company, Inc. Claim for payment of prior fiscal year Invoice #14356 of June 9, 1993 and Invoice #13593 of September 30, 1993 for services rendered to the Police Department. $ 609.54 C 4. Buyers & Kaczor Claim for payment of prior fiscal year Invoice #077366 for reporting services rendered to the Department of Law for transcripts of a deposition in the lawsuit regarding Patrick Foster Vs. The City of Buffalo. $ 135.00 C 5. FSG Industries, Inc. Claim for payment of prior fiscal year Invoice #368315 for services rendered to the Fire Department. $ 128.10 C 6. Goldman & Goldman, Attorneys at Law Claim for payment of a prior fiscal year invoice for professional legal services rendered to the Department of Law regarding the Pierce & Stevens Assessment case. $ 1,257.50 C 7. Michael T. Grant, M.D. Claim for payment of a prior fiscal year invoice for services rendered to Firefighter James Thomas who injured his left shoulder and upper left back on June 15, 1990. Firefighter Thomas returned to work on light duty but has since been re-injured and is off. $ 195.64 C 8. Hospital Ambulance Billing Service Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Martin Forero who was injured on duty in an automobile accident on April 2, 1993. He injured his face, nose, head, chest, back, neck and legs in the accident and has since returned to work. $ 407.90 C 9. Hospital Ambulance Billing Service Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Alan Jackson who was injured on duty in an automobile accident of September 23, 1993, He injured his right foot, right shoulder, collar bone, upper and middle back and has not returned to work. $ 251.24 C 10. Kenneth Kurtz, P.T. Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Nathaniel Wright who was injured in the line of duty on March 29, 1988. He was dragged by an automobile and injured his right hand, lower back, arms & legs. He has returned to work. $355.41 C 11. Lawyers Cooperative Publishing Claim for payment of a prior fiscal year invoice Account #112381-68521 for legal books for the Department of Law.$ 987.25 C 12. George Levine Claim for a prior fiscal year invoice for professional services rendered to the Department of Law. Mr. Levine was hired as a consultant by the City and County to represent them at Public Service Hearings for rate reductions. This amount represents the City's portion of Mr. Levine's expenses from New York City. $ 278.06 C 13. Richard M. Metschi Claim for payment of prior fiscal year Invoice #1331 for professional court reporting services rendered to the Department of Law for attending, reporting and furnishing transcripts of an Examination Before Trial in the matter of Timothy and Marguerite O'Connor Vs. The City of Buffalo. $145.00 C 14. The Research Foundation of SUNY EOA College Work Study Program Claim for payment of a prior fiscal year invoice for services rendered to the Department of Law for a College Work Study Program. The City's project share is Forty (40%) per cent of the gross wages paid for December 3, 1993 to March 25, 1994 $ 1,052.53 C 15. John A. Villafranca Claim for payment of a prior fiscal year invoice for professional court reporting services rendered to the Department of Law for deposition transcripts in the matter of Victor Nelson Vs. The City of Buffalo. $191.50 C 16. West Publishing Corporation Claim for payment of prior fiscal year Invoice #20278 for Subscription charges, database charge, communications charge, offline transmission charge and equipment lease charge for the month of June 1994 to the Department of Law. $ 570.57 C 17. Williamsville Ortho, P.C. Claim for payment of a prior fiscal year invoice for services rendered to Police Officer James Szczur who injured his right ankle and leg in the line of duty. These services were rendered of June 18, 1993 and July 2, 1993. The employee has returned to work. $ 137.48 C 18. WNY Medical Group Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Merrilee Collier who was injured in the line of duty. The officer fell on the ice injuring her left wrist and forearm, left side, neck, shoulder and lower back. She has returned to work. $197.45 That checks be drawn on the account of 81-2 General City Charges 100-8 12-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. No. 149 Miscellaneous Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 1. James E. Heidt Claim for reimbursement of expenses incurred as a result of purchasing an automobile at the City auction which was found to be stolen from Canada. When he took the vehicle to the New York State inspection station it was taken from him. $ 503.00 D 2. Geraldine M. Kaczmarz Claim for payment of a prior fiscal year difference in medical in lieu of grievance settlement for an employee of the Parking Violations Bureau for January 1993 to June 1993. $ 180.00 There are no Insurance Companies involved in the settlement of these claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. No. 150 Report to the Claims Committee That, upon the recommendation of the Claims Committee, the following claims be paid: E 1. Bruce P. Andrews This is a property damage claim for damage to claimant's fence. He claims that City snow plows during the Winter of 1994 pushed snow onto the sidewalk at the corner of Mineral Springs Road and Hillery Street damaging his six foot chain link fence. $ 551.34 E2. Joseph DiCapua This is a property damage claim for damage to a 1987 Ford Thunderbird vehicle on January 13, 1994 on Peter Street. Claimant claims his parked vehicle was hit by a Division of Water vehicle. $ 292.33 There are no Insurance Companies involved in the settlement of these claim. That checks be drawn on the account of 81-2 General City Charges 100-8 12-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES- 13 NOES- 0. Civil Service Rosemarie LoTempio Chairwoman No. 151 Appointment Auditing Inspector That Communication No. 21 July 12, 1994 be received and filed and the temporary appointment of Jo Marie Barone stated above at the intermediate salary $28,898.00 effective on July 5, 1994 is hereby approved. PASSED. *AYES- 12 NOES- 0. * Mrs. LoTempio was excused from voting due to a possible conflict of interest. No. 152 Appointment Senior Accountant That Communication No. 22 July 12, 1994 be received and filed and the temporary appointment of David W. Pratt stated above at the intermediate salary $30,142.00 effective on June 30, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 153 Appointment Associate Accountant That Communication No. 23 July 12, 1994 be received and filed and the temporary appointment of Susan C. Mascia stated above at the maximum salary $34,592.00 effective on June 30, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 154 Appointment Associate Auditor That Communication No. 24 July 12, 1994 be received and filed and the temporary appointment of Elizabeth A. Mancuso stated above at the maximum salary $34,592.00 effective on June 30, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 155 Appointment Supervising Accountant That Communication No. 25 July 12, 1994 be received and filed and the temporary appointment of Richard J. Whitcomb stated above at the intermediate salary $36, 687.00 effective on June 30, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 156 Appointment Supervising Accountant That Communication No. 26 July 12, 1994 be received and filed and the permanent appointment of Margaret T. Burke stated above at the maximum salary $39,613.00 effective on June 30, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 157 Appointment Principal Auditor That Communication No. 27 July 12, 1994 be received and filed and the temporary appointment of Joseph Syroczynski stated above at the maximum salary $43,495.00 effective on June 30, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 158 Appointment Cable Splicer That Communication No. 51 July 12, 1994 be received and filed and the permanent appointment of Ronald Garrett stated above at the intermediate salary $25,608.00 effective on June 27, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 159 Appointment Laborer II (Hourly) That Communication No. 59 July 12, 1994 be received and filed and the temporary appointments of Laborer II stated above at the maximum salary $11.20/hr effective on July 1, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 160 Appointment Laborer II (Daily) That Communication No. 60 July 12, 1994 be received and filed and the temporary appointments of Laborer II stated above at the maximum salary $94.10 per day effective on July 1, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 161 Appointment Junior Data Control Clerk That Communication No. 70 July 12, 1994 be received and filed and the provisional appointment of Marilyn LaPiana stated above at the maximum salary $21,858.00 effective on June 27, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 162 Notice of Appointments - Temp./Prov./Perm. (Item # 85 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Finance David Collins Chairman No. 163 Engineering Report - Water Finance Authority (PW) (Item # 40 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 Bailey-Amherst Business Improvement District 1994-95 Budget (Item No. 63, 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 now moved to recommit the above item to the Committee on Finance. ADOPTED. No. 165 BPO - Request release Grant-in-Aid Funds (Item # 86 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 Aid to Law Enforcement Grant Program Renewal Fiscal Year 1994-95 (Item No. 47, C.C.P., July 12, 1994) That the Mayor be, and he hereby is, authorized to enter into an agreement with the New York State Division of Criminal Justice Services for the renewal of Aid to Law Enforcement Grant Program for the period April 1, 1994 through March 31, 1995 in which the City of Buffalo will be reimbursed $652,998 for the Police Department. That the Comptroller be, and he hereby is authorized to provide for an interfund cash loan in the amount of $59,941 .00 as a cash advance for all non-personnel expenses, until such reimbursement is secured from the State. PASSED. AYES- 13 NOES- 0. No. 167 C.O.M.B.A.T. Grant Program Renewal: Fiscal Year 1994-95 (Item No. 48, C.C.P., July 12, 1994) That the above item be, and he same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Mayor be, and he hereby is, authorized to enter into an agreement with the New York State Division of Criminal Justice Services for the renewal of C.O.M.B.A.T. Grant Program for the period April 1, 1994 through March 31, 1995 in the amount of $216.625 to enhance the City's narcotics enforcement capabilities. That the Comptroller be, and he hereby is authorized to provide for an interfund cash loan in the amount of $9,415.00 as a cash advance for all non-personnel expenses, until such reimbursement is secured from the State. PASSED. AYES- 13 NOES- 0. No. 168 Contract for Collection Services Financial Collection Agencies (1990) Inc. (Item No. 17, C.C.P., July 12, 1994) That the Comptroller and Commissioner of Administration and Finance be, and they hereby are, authorized to execute the contract between the City of Buffalo and Financial Collection Agencies (1990), Inc. for collection services on delinquent Parking Violation Fines, subject to such modifications as the Corporation Counsel may deem necessary and appropriate. Mr. Franczyk moved to amend the above item as follows: Under Article 2, Page 2, Terms-New Section, an annual review will be performed by the Division of Urban Affairs and they will monitor compliance as to the contract. Seconded by Mr. Collins. ADOPTED. AYES- BELL ,COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. Mr. Collins now moved approval of the item as amended; Seconded by Mr. Franczyk. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 169 Solicitation of Funds Permit - Greenpeace (Item No. 46, 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 Greenpeace within the City of Buffalo for an additional 30 days from August 15, 1994 to September 15, 1994 provided all solicitation be completed by 8:00 p.m. each day. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 170 Accept Land - Demolition 363 Massachusetts (ICR) (Item # 63 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 171 Foreclosure of 92 Johnson Park (Item No. 84, C.C.P., March 22, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Corporation Counsel be, and hereby is authorized to negotiate with Joseph Bruzgul, Jr. in the expectation of arriving at an equitable settlement of the demolition charges due on the property at 92 Johnson Park. PASSED. AYES- 13 NOES- 0. No. 172 Foreclosure of 92 Johnson Park (Corp. Counsel) (Item No. 51, C.C.P., Apr. 19, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the above mentioned item be, and hereby is received and filed. ADOPTED. No. 173 Foreclosure of 92 Johnson Park (Insp. & C.R.) (Item No. 62, C.C.P., May 3, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the above mentioned item be, and hereby is received and filed. ADOPTED. No. 174 Annie K. Baker - Urban Homestead Lot 506 Goodyear Avenue (Item No. 92, C.C.P., June 28, 1994) That the City-owned property at 506 Goodyear 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 Annie K. Baker, 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 six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months and that the Comptroller provide the Commissioner of Inspections and Community Revitalization with the proper description of this property. PASSED. AYES- 13 NOES- 0. No. 175 Maintain lot 506 Goodyear (Compt) (Item # 18 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 176 Joyce Hollis - Urban Homestead Lot - Adjacent to 59 Linden Park (Item No. 99, C.C.P., June 28, 1994) That the City-owned property adjacent to 59 Linden Park is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Joyce W. Hollis, of 59 Linden Park, 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 and that the Comptroller provide the Commissioner of Inspections and Community Revitalization with the proper description of this property. PASSED. AYES- 13 NOES- 0. No. 177 Homestead Lot Adjacent 59 Linden (Compt) (Item # 20 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 178 North Buffalo Community Development Corporation Operate Lafayette Ice Rink (Item No. 129, C.C.P., June 28, 1994) That the North Buffalo Community Development Corporation be, and hereby is authorized to negotiate with the Departments of Parks and Public Works for the operation of the Lafayette Ice Rink and that the Corporation Counsel prepare the necessary lease for this proposal and report said lease back to the Common Council. ADOPTED. No. 179 Ordinance Amendment Chapter 96, Section 96-12(E) (Contracts) (Item No. 184, C.C.P., July 12, 1994) That the Ordinance Amendment as contained in Item No. 184, C.C.P., July 12, 1994, be, and the same hereby is approved. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 180 Boat Launching at Foot of Ontario Street (Item No. 154, C.C.P., June 14, 1994) (Item No. 45, C.C.P., July 12, 1994) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Collins now moved to receive and file said item. Seconded by Mrs. Lockwood. ADOPTED. No. 181 Report of Emergency Demolition - 165 Chester Street (Item No. 65, C.C.P., 5/31/94) (Item No. 138, C.C.P., 6/28/94) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved to approve said item, no second on motion to approve. Lost. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 182 Change Contract Energy Conservation CES/Way International, Inc. (Item No. 43, 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 CES/Way International, Inc. in the amount of $60,408.36 for work relating to City Hall, City Court and various other City buildings. PASSED. AYES- 13 NOES- 0. No. 183 Change Contract - New Watermain Hillary Street and Service Transfers in Potter Road (Item No. 39, C.C.P., July 12, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #2 to Mar-Wal Construction Company, Inc. in the amount of $10,846.00 for work relating to New Watermain in Hillary Street, New Watermain and Service Transfers in Potters Road, Contract No. 91644100, with said cost to be charged Division of Water's 416-Capital Project Fund, 980-060 account. PASSED. AYES- 13 NOES- 0. No. 184 Reduce Water Rates For Non-Residents (PW) (Item # 30 CCP June 14, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 185 Request Traffic Light - Walden Avenue at Bakos Boulevard (Item No. 169, C.C.P., June 14, 1994) (Item No. 144, C.C.P., June 28, 1994) That the Commissioner of Public Works report to this Honorable Body on the feasibility of placing the traffic signals at the entrance of each side of the intersection on Walden Avenue at Bakos Boulevard, as opposed to the existing placement of the signals at the far sides of the intersection; and That the Commissioner of Public Works report to this Honorable Body on the timetable for completion of the crosswalk marking on Walden Avenue for cars traveling eastbound through Bakos Boulevard. ADOPTED. No. 186 Support Development of Youth Soccer Programs (Item No. 187, C.C.P., July 12, 1994) 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. ADOPTED. No. 187 City Tree Program (Item # 173 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 188 City Tree Program (PW) (Item # 41 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 189 City Tree Program (Pks) (Item # 44 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 190 J. Brem - Oppose purchase of 60/40 Sanitation Trucks (Item # 73 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 191 Comments on Opposition to 60/40 Trucks (Sts) (Item # 46 CCP June 14, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 192 Purchase of 60/40 Sanitation Trucks (EMC) (Item # 9 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 193 Agreement - Household Hazardous Waste Collection (Item No. 38, C.C.P., June 28, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to enter into an agreement with the County of Erie for the Household Hazardous Waste Collection event on September 17, 1994 from 9:00 a.m. until 2:00 p.m. at 1120 Seneca Street. Funds for this project are not expected to exceed $30,000.00 and are available in the Division of Buildings Account #100-402-021-583. PASSED. AYES- 13 NOES- 0. No. 194 Hazardous Household Waste Collection (EMC) (Item # 8 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 195 Report of Audit - Cost Refuse/Recycling (Compt.) (Item No. 23, C.C.P., May 3, 1994) (Item No. 13C, C.C.P., May 20, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. That the above mentioned item be, and the same is hereby is referred to the Mayor. ADOPTED. No. 196 Analysis of Waste Disposal Tonnage (St. San.) (Item No. 57, C.C.P., May 3, 1994) (Item No. 13D, C.C.P., May 20, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved That the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED No. 197 Reply from District Attorney - Refuse Collection Audit (Item No. 78, C.C.P., July 12, 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, and the same is hereby referred to the Mayor. No. 198 Report of Audit - IWS Waste Disposal Contracts (Compt.) (Item No. 15, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 199 Performance Audit Report - Collection of Refuse (Compt.) (Item No. 13, C.C.P., May 17, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 200 Performance Audit - Collection of Refuse (St. San.) (Item No. 59, 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 above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 201 Performance Audit - Collection of Refuse (Pub. Works) (Item No. 27, 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 the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 202 Performance Audit - Collection of Refuse (Corp. Counsel) (Item No. 53, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 203 Investigate Integrated Waste Systems Inc. (Item No. 138, C.C.P., May 17, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 204 Investigate Integrated Waste Systems Inc. (Pub. Works) (Item No. 28, 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 the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 205 Rescind Contract with Integrated Waste Systems (Item No. 148, C.C.P., May 17, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 206 Rescind Contract - Integrated Waste Systems Inc. (St. San) (Item No. 60, 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 above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 207 Rescind Contract with Integrated Waste Systems Inc. (PW) (Item No. 29, 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 the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 208 Audit Report Integrated Waste Systems Inc. (Compt.) (Item No. 16, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 209 Investigate Tax Exempt Garbage and Trash Pickup (Item No. 159, C.C.P., May 17, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above mentioned item be, and the same is hereby refereed to the Mayor. ADOPTED. No. 210 Investigate Tax Exempt Garbage and Trash Pickup (Assmt) (Item No. 24, 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 above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 211 Investigate Tax Exempt Garbage and Trash Pickup (St. San.) (Item No. 61, 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 above mentioned item be, and the same is hereby referred to the Mayor. ADOPTED. No. 212 Liquor License 1220 Hertel - Taxes Owing (Assmt) (Item # 30 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 213 Change Contract - Renovation of Allendale Theater (Item No. 57, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order #1 to Trautman Associates, in the amount of $40,000.00 for architectural-engineering design services related to the historic renovation of the Allendale Theater, Contract #91707500, with said cost to be charged against #200-717-041. PASSED. AYES- BELL, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 10. NOES- ARTHUR, COLLINS, COPPOLA- 3. Legislation Alfred T. Coppola Chairman No. 214 Ordinance Amendment Chapter 511 - Zoning (Adult Bookstore) (Item No. 216, C.C.P., June 28, 1994) That the Ordinance Amendment as contained in Item No. 216, C.C.P., June 28, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 215 Ordinance Amendment Chapter 511 - Zoning (Adult Uses) (Item No. 196, C.C.P., July 12, 1994) That the Ordinance Amendment as contained in Item No. 196, C.C.P., July 12, 1994, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 216 John R. Nuchereno, Petition to Rezone 2503 Niagara Street (Item No. 103, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That the Common Council of the City of Buffalo do hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "R-5 District rather than a "R-3" District for the premises known as 2503 Niagara Street, Buffalo, more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate, in the City of Buffalo, County of Erie and State of New York, being part of the Jones Tract, so called, bounded and described as follows: BEGINNING at a point in the easterly line of Niagara Street, distant thirty (30) feet south of the point of intersection of said line of Crowley Avenue running thence southerly parallel with Niagara Street twenty-seven and thirteen hundredths (27. 13) feet; thence easterly at an exterior angle of ninety-seven degrees - twenty five feet-seventeen inches, one hundred twenty-nine and two tenths (129.2) feet; thence northerly sixty and forty-four hundredths (60.44) feet; thence westerly one hundred twenty (120) feet westerly along the southerly line of Crowley Avenue to the place of beginning. This rezoning shall be effective providing the following condition is met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Edward Peace Corporation Counsel PASSED. AYES- BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- ARTHUR, COPPOLA- 2. No. 217 9274 Group, Inc., (Rite-Aid) Petition to use 1370 Broadway (Item No. 104, C.C.P., July 12, 1994) That after a public hearing before the Committee on Legislation on July 19, 1994, the petition of 9274 Group, Inc., owner, (Rite-Aid) permission to use 1370 Broadway for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 218 Canisius College, Petition to Use 2121 Main Street (Item No. 105, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. That after a public hearing before the Committee on Legislation on July 19, 1994, the petition of Canisius College, owner, permission to use 2121 Main Street for two handicap ramps and to install new bathrooms be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 219 Canisius College, Petition To Use 2007 Main Street (Item No. 106, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above mentioned be, and the same is hereby received and filed. Seconded by Mr. Franczyk. LOST. AYES- COLLINS, FRANCZYK, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 6. NOES- ARTHUR, BELL, COPPOLA, CZAJKA, FAHEY, HELFER, LOCKWOOD- 7. Mr. Coppola now moved that the above item be, and the same is hereby, recommitted to the Committee on Legislation. Seconded by Mr. Arthur. ADOPTED. No. 220 John F. Brinkworth, Petition To Use 3403-3411 Bailey Ave (Item No. 108, C.C.P., July 12, 1994) That after a public hearing before the Committee on Legislation on July 19, 1994, the petition of John F. Brinkworth, owner, permission to use 3403-3411 Bailey Avenue to expand an existing motorcycle shop be, and hereby is approved with conditions as set forth by the Division of Planning. PASSED. AYES- 13 NOES- 0. No. 221 Buffalo Mercantile Center Ltd., Petition to Rezone 225 Louisiana Street, 148 Kentucky Street (Item No. 111, C.C.P., June 28, 1994) (Item No. 144, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the Common Council of the City of Buffalo do hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "CM" District rather than a "M-1" District for the premises known as 225 Louisiana Street and 148 Kentucky Street, Buffalo, more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND with the buildings and improvements thereon erected, situate, lying and being in the City of Buffalo, County of Erie and State of New York, being part of Outer Lot Number fifty five (55) and bounded and described as follows: BEGINNING at the intersection of the easterly line of Louisiana Street with the southerly line of Mackinaw Street; thence easterly along the southerly line of Mackinaw Street, 204 feet to the westerly line of Kentucky Street; thence southerly along the westerly line of Kentucky Street two hundred twenty eight (228) feet; thence westerly and parallel with the southerly line of Mackinaw Street one hundred two (102) feet; thence southerly and parallel with the easterly line of Louisiana Street two hundred twenty nine (229) feet to the northerly line of O'Connell Avenue, formerly Sandusky Street; thence westerly along the northerly line of O'Connell Avenue, one hundred two (102) feet to the easterly line of Louisiana Street; thence northerly along the easterly line of Louisiana Street four hundred fifty seven (457) feet to the point or place of beginning. ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Outer Lot Number fifty five (55) and bounded and described as follows: BEGINNING at the intersection of the easterly line of Louisiana Street and the southerly line of O'Connell Avenue, formerly Sandusky Street; thence easterly along the southerly line of O'Connell Avenue, two hundred four (204) feet to the westerly line of Kentucky Street, thence southerly along the westerly line of Kentucky Street, four hundred fifty six (456) feet to the northerly line of Republic Street (formerly Tecumseh Street) thence westerly along the northerly line of Republic Street, two hundred four (204) feet to the easterly line of Louisiana Street; thence northerly along the easterly line of Louisiana Street; four hundred fifty six (456) feet to the point or place of beginning. This rezoning shall be effective providing the following condition is met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That the conditions as set by Daniel A. Sansone, President of Buffalo Mercantile Building, Ltd. are met: 1. Repair, replace and/or widen the apron to the driveway and sidewalk, as necessary, at the vacant lot located between 151 and 161 Kentucky Street, Buffalo, to include an elevated curb at both ends of said apron, to prevent trucks using the Kentucky Street shipping/receiving doors for the warehouse located at 225 Louisiana Street from encroaching upon said apron or sidewalk; and 2. Widen an existing fourteen foot (14') high shipping/receiving door on the Louisiana Street side of the 225 Louisiana Street building in order to alleviate truck traffic at the Kentucky Street shipping/receiving doors. 3. Work identified in Items 1 and 2 above to be completed within one year of approval. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Edward Peace Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 222 Harold Gantzer, Petition To Use 2 Fuhrmann Boulevard (Item No. 95, C.C.P., May 31, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Lockwood moved: That the above item be, and the same hereby is denied; Seconded by Mr. Zuchlewski. ADOPTED. AYES- BELL, CZAJKA, FAHEY, HELFER, LOCKWOOD, PERLA, PITTS, ZUCHLEWSKI- 8. NOES- ARTHUR, COLLINS, COPPOLA, FRANCZYK, LOTEMPIO- 5. No. 223 Plymouth Church - New Hearing Adult Residents 844 Amherst (Item # 97 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 224 L. Rhyme - Homestead lot 26 Harlow- Day Care (Item # 100 CCP July 12, 1994) That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. No. 225 The Preservation Coalition - Oppose Demolition of Prospect Avenue Homes (Item No. 98, C.C.P., July 12, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. That the above item be, and the same hereby is received and filed. ADOPTED. No. 226 Encroach Awning - 765 Elmwood Avenue (Item No. 42, C.C.P., July 12, 1994) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Ms. Sandi Van Camp of Forster Awnings, acting as agent for the Village Green Bookstore, located at 765 Elmwood Avenue, to install an awning which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES- 13 NOES- 0. No. 227 Dennis Evchich Agency Insurance Vandalism 826 Tonawanda (Item No. 67, C.C.P., June 14, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That permission be given to Dennis Evchich, of Dennis Evchich Agency Insurance to remove the fence behind 826 Tonawanda Street and cinder block the opening between the building and the library- subject to conditions as may be imposed by Erie County Division of Buffalo and Erie County Public Libraries. PASSED. AYES- 13 NOES- 0. No. 228 Kingsley Park Record of Decision (ENC) (Item # 6 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 229 NYSDEC - Violation of Permit Requirements (Item # 93 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 230 Disposal of Toxic Soil (EMC) (Item # 7 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 231 Disposal of Toxic Soil (BSA) (Item # 74 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 232 NYSDEC - Disposal of Toxic Soil (Item # 94 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Economic Development Carl A. Perla, Jr. Chairman No. 233 Oak St. U R Plan Amend. (CD) Amendment- Parcel 11B (Item No. 64, C.C.P., June 28, 1994) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci- Community Development Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Perla now moved: That the communication be received and filed; and that WHEREAS, the Oak Street Redevelopment Urban renewal Plan, approved May 5, 1970, C.C.P., No. 170, and subsequently amended, has a forty-year duration; and WHEREAS, an amendment to the Plan, approved by the City Planning Board on March 29, 1979, changed the land use of parcel 11B from "Residential" to "General Commercial". Unsuccessful attempts have been made to find a developer that would use the parcel with the current land use; and WHEREAS, presently, the Buffalo Hearing & Speech Center is proposing to construct a 47,054 square foot two-story building on parcel B, which has an area of 64,002 square feet. The new facility will conduct hearing and speech classes and necessary treatment for their clients. The building will also have administrative offices; and WHEREAS, this facility is not allowed under the current land use designation and, as such, a "change of use" to "Hospital/Medical Services" is required to accommodate the proposed development; and WHEREAS, it is also necessary to add new language to section (f) REQUIREMENTS APPLICABLE TO ALL LAND USE AND REDEVELOPMENT AREAS. This new subsection is titled (f6) EXCEPTIONS TO YARD REQUIREMENTS and will allow the Commissioner of Community Development the ability to vary yard requirements on a project by project basis after receiving a recommendation from the City Planning Board; and WHEREAS, this amendment affects both the Disposition and Land Use Plan maps and the narrative of the Urban Renewal Plan; and WHEREAS, the City Planning Board gave its qualified approval to the plan amendment at its June 21, 1994 meeting. A report from the Planning Board, filed with the City Clerk on June 23, 1994, is a prerequisite to Common Council action; and WHEREAS, the Housing Act of 1949, as amended, and- Article 15 of the General Municipal Law require that the Urban renewal Plan Amendment be approved only after a public hearing on due notice; and WHEREAS, the Common Council has the power to amend or extend this Plan pursuant to Section F (p. 45), "Procedures for Changes in the Approved Urban Renewal Plan"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITE OF BUFFALO THAT: 1. the Urban Renewal Plan for the Oak Street Redevelopment Area is hereby amended in accordance with the recommendations of the City Planning Board; 2. the Urban Renewal Plan, as amended, and hearing made a part of these proceedings, has been duly reviewed and conforms to the comprehensive development of the municipality aid the community as a whole and is hereby approved. PASSED. AYES- 13 NOES- 0. No. 234 Oak Street Redevelopment Urban Renewal Plan Amendment, Parcel 4B (City Planning Board) (Item No. 5, C.C.P., June 28, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. That the above item be and the same hereby is received and filed. ADOPTED. No. 235 Amend L.D.A - Rapid Service Engraving (CD) New Bflo. Industrial Park (Item No. 58, C.C.P., July 12, 1994) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Marianne DeMarco- Community Development James Egloff, President- Rapid Service Engraving James Spyers, President, Graphic Comm. Int. Union. Daniel Bicz - Commissioner- Community Development Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Franczyk moved to amend the above item as follows: That the LDA be approved on condition that the corporation develop and adopt with the cooperation of the Department of Community Development and the Corporation Counsel an affirmative Action Plan for submission to the Common Council for approval at the next stated meeting.; seconded by Mr. Fahey. ADOPTED. Mr. Pitts now moved the approval of the item as amended WHEREAS, the Buffalo Urban Renewal Agency has duly designated Rapid Service Engraving co. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That Rapid Service Engraving Co. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of New Buffalo Industrial Park. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Rapid Service Engraving Company and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. 3. That the LDA be approved on condition that the Corporation develop and adopt with the cooperation of the Department of Community Development and the Corporation Counsel an Affirmative Action Plan for submission to the Common Council for approval at the next meeting; seconded by Mr. Fahey. PASSED. AYES- ARTHUR, COPPOLA, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- BELL, COLLINS, HELFER, PITTS- 4. No. 236 Amend L.D.A - M.J. Ogiony Bldrs. Inc. (CD) Emslie NDP New Housing Project (Item No. 67, C.C.P., July 12, 1994) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci - Community Development Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Pitts moved: WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated M.J. Ogiony Builders, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and WHEREAS, The 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 NOW, THEREFORE, BE IT RESOLVED: (1) That The LDA be amended to include the following: 32-40 Peckham Street 44-46 Peckham Street The Agency and Redeveloper would also delete the following from said LDA: 564 William Street 110-116 Oneida Street 61-63 Pink Street; and (2) All terms and provisions not included in this Amendment shall remain in full effect. (3) That the Mayor of the City of Buffalo and the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and the Mayor of City of Buffalo are hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of, said Agreement and for the consideration recited therein. PASSED. AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- BELL- 1. No. 237 Information on Delinquent PILOT Accounts (Assmt.) (Item # 26 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 238 ECIDA - Status of PILOT Agreements (Item # 95 CCP June 28, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. Auditorium/Stadium Task Force James W. Pitts Chairman No. 239 Sabres- Reply To Equal Funding Request (Item # 77 CCP June 25, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 240 Exclude Properties From Crossroads Sites (Item # 106 CCP December 23, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 241 DDI - Project Schedule - Downtown Arena (Item # 104 CCP April 10, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 242 By: Mr. Bell Ban Smoking in City Hall and other City Buildings Whereas: Cigarette smoking is the single most preventable cause of death in the U.S.; and Whereas: It is estimated that smoking is responsible for 390,000 deaths a year in this country, or about one of every 6 fatalities; and Whereas: In recognition of the hazards of smoking, this Common Council adopted landmark legislation in 1986 that restricted smoking in city government offices; and Whereas: That legislation did not ban smoking outright, but established a process for working out accommodations between smokers and non-smokers in city offices and buildings; and Whereas: In the years that ensued various regulations pertaining to smoking in the workplace have been adopted on the federal, state and local levels, most of which are far more stringent than the city's law; and Whereas: For example, legislation will take effect in 1995 that will require that all schools which receive federal funding not allow smoking on the premises; and Whereas: The City of Buffalo should enact more rigorous smoking regulations, not just to ensure a healthier workplace but to send a strong message to the community about the dangers of smoking. Now, Therefore Be It Resolved: That the Corporation Counsel be requested to prepare legislation that would ban all smoking in City of Buffalo buildings. REFERRED TO THE COMMITTEE ON LEGISLAION, THE CORPORATION COUNSEL AND WELLNESS PROGRAM. No. 243 By: Mr. Bell Establish Council Advisory Review Committee to Aid Permit Process Whereas: Recent problems in the permitting process, including those for the First Buffalo Marina and Molson Distributing Company developments, point to the need for improving that process; and Whereas: Carefully organized citizen input has been crucial to progress made by city government through the years; and Whereas: Recent problems indicate the need for closer scrutiny of development projects and residents of target neighborhoods have a key role to play in that scrutiny; and Whereas: Local residents involved in the review of projects are in an ideal position to keep track of progress on those projects as they pass by them frequently in their daily travels; Now Therefore Be It Resolved, that: This Council requests the Corporation Counsel to draft an ordinance amendment that would set up Advisory Review Boards in each Common Council district empowered to preview projects for the respective districts prior to Council votes on the projects. REFERRED TO LEGISLATION, COMMISSIONER OF COMMUNITY DEVELOPMENT, CORPORATION COUNSEL, COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND COMMISSIONER OF PUBLIC WORKS. No. 244 By: Mr. Collins Transfer Of Funds Water Division - Exempt Items Water Division - Servicing Automotive Equipment 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 $34,000 be and the same is hereby transferred from Water - Exempt Items and said sum is hereby reappropriated as set forth below: 410 Water Fund 980 Division of Water 819 - Exempt Items 842 - Reserve for Capital Improvements $34,000 To: 410 Water Fund 980 Division of Water 032 - Servicing Automotive Equipment 523 - Repairs of Equipment & Machinery $34,000 PASSED. AYES- 13 NOES- 0. No. 245 By: Mr. Collins Transfer Of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $10,000 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $10,000 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $10,000 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $10,000 To: 200 Capital Projects 40-2 - Division of Buildings 031 - Shea's Marquee Reconstruction $10,000 PASSED. AYES - 13 NOES- 0. No. 246 By: Mr. Collins Transfer of Funds Division of Budget and Management Division of Engineering That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $115,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $115,000 To: 200 Capital Project Fund 401 - Division of Engineering 550 - Michigan Ave. Lift Bridge $115,000 PASSED. AYES- 13 NOES- 0. No. 247 By: Mr. Collins Transfer of Funds Department of Fire - Fire Fighting Services Department of Fire - Fire Defense & Training Services 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 $7,000 be and the same is hereby transferred from the Department of Fire - Fire Fighting Services and said sum is hereby reappropriated as set forth below: From: 100 General Fund 210 - Department of Fire 011 - Firefighting Services 462 - Machinery & Equipment O&M/Repair Supplies $7,000 To: 100 General Fund 210 - Department of Fire 022 - Fire Defense & Training Services 535 - Membership Dues and Periodicals $7,000 PASSED. AYES- 13 NOES- 0. No. 248 By: Mr. Collins Increased Appropriation Reserve For Capital Appropriations Division of Inventory and Stores That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Inventory and Stores be and the same hereby is increased in the sum of $2,220. That, the comptroller be and hereby is authorized and directed to transfer the sum of $2,220 from 100-890-050 - Reserve for Capital Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 104 - Division of Inventory and Stores 085 - Capital Outlay 980 - Machinery and Equipment $2,220 PASSED. AYES- 13 NOES- 0. No. 249 By: Mr. Collins Bond Resolution $4,800,000 Bonds Construction of an Early Childhood Center Account 299-970-095 Bond Resolution of the City of Buffalo, New York, authorizing the Issuance of $4,800,000 School Bond. of said City, in addition to the $19,850,000 School Bonds heretofore authorized, to finance the cost of Construction of an Early Childhood Center, at the estimated maximum cost of $24,650,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to Issue School Bonds of said City In the principal amount of Four Million Eight Hundred Thousand Dollars ($4,800,000), in addition to the $19,850,000 School Bonds heretofore authorized, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the construction of an early childhood center. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, Is $24,650,000 as set forth in the duly adopted Capital improvements Budget of said City for fiscal year 1994-95. Section 2, The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the. Board of Education Division of Building, "Construction of an Early Childhood Center 1994-95," Bond Authorization Account No. 299-970-095, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $4,800,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4, The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11 .00 (a) Il (b)of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance, with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shill contain the recital of Validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes, Provision shall be made annually by appropriation by said Cite for the payment of interest on and for the amount required for the amortization and redemption of said bond and said notes, Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or Purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity- is commenced within twenty days after the date of such Publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: July 26, 1994 LAID ON THE TABLE. No. 250 By: Mr. Collins Establish a Citizen's Police Review Board Whereas: It has been recorded in Common Council proceedings that the Common Council has held many public hearings where citizens' complaints have been heard regarding police conduct, the Police Department, and public safety; and Whereas: Traditional avenues of filing complaints through the Police Department's Internal Affairs Division have resulted in no redress in most cases; and Whereas: The present procedure most often does not require the complainant to receive a report of the disposition of any action taken by the Police Department; and Whereas: It is believed that the best interest of the City of Buffalo would be served by a great degree of citizen involvement with the Police Department; and Whereas: The citizenry of Buffalo continue to request the establishment of an impartial, unbiased Citizen-Police Review Board where citizen complaints against the Buffalo Police Department can be addressed in a just manner; and Now Therefore Be It Resolved: That this Common Council requests the Mayor and Commissioner Kerlikowske, with the cooperation of this Council, establish a Citizen's Police Review Board to monitor or resolve citizen complaints against the Police Department. REFERRED TO POLICE REORGANIZATION TASK FORCE, CORPORATION COUNSEL AND COMMISSIONER OF POLICE. No. 251 By: Mr. Coppola Future Use of Closed Precinct Houses Whereas: The Police Department has closed, or is in the process of closing, outdated precinct houses in the City of Buffalo; and Whereas: It would be beneficial to explore future uses for these precinct houses to expedite the marketing of these facilities and, thus, their return to the tax rolls. Now Therefore Be It Resolved: That this Common Council requests that the Mayor of the City of Buffalo commence a study on the future uses of closed precinct houses to expedite the marketing of these facilities and their return to the tax rolls. ADOPTED. No. 252 By: Mr. Coppola Authorize Kleinhans Music Hall Management, Inc. to Increase Board of Directors by Six Members Whereas: Item #87 "Kleinhans Music Hall Management, Inc. Request for Increase in the Number of Directors" C.C.P. March 8, 1994 details a letter from Wayne D. Wisbaum, Chairman of the Board and President of the Kleinhans Music Hall Management, Inc. which asks this Common Council to grant approval allowing Kleinhans to increase the number of members that serve on it's Board of Directors; and Whereas: This Honorable Body referred Item #87 to the Committee on Legislation and the City Corporation Counsel for review and recommendation; and Whereas: In a response dated April 19, 1994, the City Corporation Counsel cited Article VIII, Section 1 of the By Laws of Kleinhans Music Hall Management, Inc. which provides that any amendment to the provisions of Article II, Section 1 "Kleinhans Board of Directors" shall require "the consent of the City of Buffalo given by it's Common Council"; and Whereas: The Kleinhans Music Hall Management, Inc. has indicated that it wishes to increase it's Board of Directors membership by six persons. Now, Therefore Be It Resolved That: This Common Council upon approval of this resolution hereby grants the authority to the Kleinhans Music Hall Management, Inc. to increase it's Board of Directors membership by six persons; and Be It Further Resolved That: The Kleinhans Music Hall Management, Inc. file with this Common Council the names and addresses of the six additional board members upon their approval. PASSED. AYES- 13 NOES- 0. No. 253 By: Messrs. Coppola and Collins Permission to Erect Banner For Deaf Awareness Week Whereas: This year, Deaf Awareness Week will be celebrated the week of September 18th through the 24th; and Whereas: St. Mary's School for the Deaf will be hosting its Annual 5K run on Sunday, September 25, 1994, to conclude a week-long schedule of events city-wide celebrating Deaf Awareness Week; and Whereas: St. Mary's School for the Deaf is seeking permission to hang a banner the week of August 21st to commemorate these events; and Whereas: The banner would hang over Main Street in front of the school from light pole #2258 to the maple tree directly across the street. Now Therefore Be It Resolved that This Common Council grants permission to St. Mary's School for the Deaf to erect a banner over Main Street in front of the school from light pole #2258 to the maple tree directly across the street providing this banner meets all requirements of all pertinent city departments and violates no existing law or ordinance. PASSED. AYES- 13 NOES- 0. No. 254 By: Mrr. Czajka Negotiate Sale Vacant Lot-66 Lester St. Whereas: The City of Buffalo is the owner of 66 Lester Street which is currently a vacant lot; and Whereas: Ms. Lisa Scime of 64 Lester Street, Buffalo N.Y, 14210, (which is next door to 66 Lester Street) would like to purchase this vacant lot for the purpose of fencing it in to their property, which will enable them to properly maintain the lot by cutting the grass and keeping it clean of debris; and Whereas: The vacant lot is located in a populated residential area and the City would have no apparent reason to hold this vacant lot for a future unidentified project; and Whereas: The selling of this lot will put this parcel of vacant land on the tax rolls and will generate new revenue for the City of Buffalo; Now, Therefore, Be It Resolved: That the Common Council authorize the Comptroller's office and the Division of Real Estate to negotiate the sale of the parcel of land located at 66 Lester Street with Ms. Lisa Scime and report the results of their negotiations to this Honorable body. ADOPTED. No. 255 By: Mr. Czajka Negotiate Sale - Vacant Lot- 58 Wood Ave. Whereas: The City of Buffalo is the owner of 58 Wood Avenue which is currently a vacant lot; and Whereas: Mr. and Mrs. Timothy Acher of 62 Wood Avenue, Buffalo NY, 14211, (which is next door to 58 Wood Avenue) would like to purchase this vacant lot for the purpose of fencing it in to their property, which will enable them to properly maintain the lot by cutting the grass and keeping it clean of debris; and Whereas: The vacant lot is located in a populated residential area and the City would have no apparent reason to hold this vacant lot for a future unidentified project; and Whereas: The selling of this lot will put this parcel of vacant land on the tax rolls and will generate new revenue for the City of Buffalo ; Now, Therefore, Be It Resolved: That the Common Council authorize the Comptroller's office and the Division of Real Estate to negotiate the sale of the parcel of land located at 58 Wood Avenue with Mr. and Mrs. Timothy Acher and report the results of their negotiations to this Honorable body. ADOPTED. No. 256 By: Messrs. Czajka, Fahey and Franczyk Elk Street Construction and Demolition Facility Whereas: On July 21, 1994 the NYSDEC published a notice of complete application for a Solid Waste Management Facility at 718 Elk Street; and Whereas: According to the notice the proposed facility will take construction and demolition debris and process it for reuse and recycling; and Whereas: The notice stated that the DEC had performed a coordinated review of this unlisted action and that a negative declaration had been filed; and Whereas: A DEC official stated in a follow-up phone call that the project had been given an uncoordinated review; and Whereas: The site is reportedly just outside of the city's coastal review zone, the boundary of which runs down the center of Elk Street; Now Therefore Be It Resolved, that: This Council requests the Law Department to research any city permits needed to establish the construction and demolition facility on Elk Street and to reader an opinion as to whether this facility is a junkyard which would need Common Council permission to operate; and Be It Finally Resolved, that: If the Corporation Counsel finds that city permission is needed for this project, this Council requests the Corporation Counsel to notify the DEC of this fact before the August 11th deadline set by the DEC, and request that the DEC delay making a final decision on this project until the City of Buffalo has a chance to review it. ADOPTED. No. 257 By: Messrs. Fahey, Franczyk, and Perla Request For Release Of Grant-In-Aid Funds Whereas: Several weeks ago a resolution was passed requesting that the Buffalo Philharmonic Orchestra Society 1994-95 Grant-In-Aid assistance not be paid until the Common Council received appropriate assurances that BPO would have a 1994-95 season; and Whereas: 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; and Whereas: The BPO is requesting the early release of city funding in order to assist cash flow needed to maintain the necessary day-to-day administrative operations; and Whereas: The Buffalo Philharmonic is confident that they will be able to produce a complete 1994-95 season. Now, Therefore Be It Resolved: That the Buffalo Common Council request the Comptroller to immediately release the Grant-in-Aid funding to the Buffalo Philharmonic Orchestra Society, Inc. in order for them to meet their obligations. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 258 By: Mr. Franczyk Senior Citizens Immunization Program Whereas: The City in the past cooperated with various government agencies to promote the vaccination of Senior Citizens for immunization against the influenza virus; and Whereas: The City desires to increase the availability of influenza vaccine to Senior Citizens beyond the extent that the existing agencies will be able to provide for the 1994 influenza season; and Whereas: To such purpose the City has solicited Working Well, Inc. to provide influenza vaccinations to eligible citizens of the City during the Fall of 1994 at various sites in the City of Buffalo under the auspices of the Mayor's Office of the Senior Citizens; and Whereas: Working Well, Inc. operated the program successfully during the 1993 influenza season and the program was very successful; and Now, Therefore, Be It Resolved: That the Mayor be, and he hereby is, authorized to enter into an agreement substantially into the form attached hereto with Working Well, Inc. to provide influenza immunizations to senior citizens at various sites in the City of Buffalo during the fall of 1994 at a cost not to exceed $8.00 per immunization which shall be paid for by the recipient. REFERRED TO FINANCE COMMITTEE, CORPORATION COUNSEL AND MAYOR. No. 259 By: Mr. Franczyk Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Frank J. Caruana, P.T. Claim for payment of prior fiscal year invoice for photocopies of medical records in the matter of Mary Kersten Vs. City of Buffalo to the Department of Law. $ 9.52 2. Denall, Vitrano & Associates Claim for payment of prior fiscal year Invoice #29585 for court reporting services rendered to the Department of Law in the matter of Brian and Donna Kimmins Vs. City of Buffalo. $42.00 3. Doorway Rug Service Claim for payment of prior fiscal year Invoices #406225 and #408863 for services rendered to the Dept. of Law. $10.00 4. Hospital Correspondence Corporation Claim for payment of prior fiscal year Invoice #22220200101094 for the medical records of Eden Baez to the Department of Law. $2.74 5. Morgan Linen Claim for payment of prior fiscal year Invoices #43722 of June 9, 1994 and #49647 of June 23, 1994 for services rendered to the Fire Department. $24.52 6. Puritan Bennett Corporation Claim for payment of prior fiscal year Invoices #7D961842 of June 10, 1994, #7D964310 of June 11, 1994 and #7D977893 of June 23, 1994 for services to the Fire Department. $60.60 7. Smart Corporation Claim payment of prior fiscal year Invoice #D976641 for the photocopying of medical records for the Department of Law in the matter of Paul Diamond Vs. City of Buffalo. $7.29 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 260 By: Mr. Franczyk Placing A Banner At The Intersection of Broadway and Bailey For Meals On Wheels Volunteer Recruitment Drive Whereas: Meals on Wheels has long been a service to Buffalo and Erie County by providing daily hot meals to frail, homebound elderly; and Whereas: Meals on Wheels runs on the basis of a strong volunteer following; and Whereas: It is necessary to encourage new volunteers to keep the program alive; and Now Therefore Be It Resolved That: Meals on Wheels, of 775 Main Street, be allowed to erect a banner at the intersection of Broadway and Bailey Avenues, facing Broadway traffic, for the purpose of recruiting new volunteers; mid Be It Finally Resolved That: The length of time and manner that this banner shall hang shall be governed by the established guidelines of the Public Works Department. PASSED. AYES- 13 NOES- 0. No. 261 By: Mr. Franczyk Resolution Pertaining To Construction Project Agreements For The City Of Buffalo And/Or Its Agencies Whereas, the United States Supreme Court recently held in the Boston Harbor case that state and local governments are permitted under the National Labor Relations Act to enforce project agreements when the government contracting unit acts as a market participant; and Whereas, the Supreme Court commented in that case that the use of project agreements "'exemplifies'" the purposes of the National Labor Relations Act; and Whereas, the City of Buffalo and its agencies (herein "City of Buffalo") has a compelling interest in carrying out public works projects at the highest degree of quality and also at as reasonable low cost as possible consistent with the other goals of this resolution; and Whereas, the City of Buffalo has a compelling interest also in providing that labor disputes at such projects be resolved without the disruptions of strikes, lockouts or slowdowns; and Whereas, project agreements may provide legally enforceable guarantees that projects will be carried out in an orderly and timely manner, without strikes, lockouts, or slowdowns; and Whereas, project agreements may also provide for peaceful, orderly, and mutually binding procedures for resolving labor issues; and Whereas, the City of Buffalo also has a compelling interest in guaranteeing that public works projects meet the highest standards of safety and quality; and Whereas, a highly skilled work force ensures lower costs over the lifetime of the completed project for repairs and maintenance; and Whereas, project agreements may provide the City of Buffalo with a guarantee that public works projects will be completed with highly skilled workers; and Whereas, project agreements may allow public agencies Lo more accurately predict the actual cost of the project; and Whereas, project agreements may facilitate integrated work schedules among different trades on a projects site; and Whereas, project agreements may also promote harmonious and productive work environments; and Whereas, City of Buffalo can best accomplish these goals by encouraging agreements between contractors and subcontractors who perform work on City of Buffalo public works projects and the appropriate building and construction trade unions concerning important issues on employment, such as work hours, starting times, overtime rates, and procedures for resolving disputes; and Whereas, project agreements therefore, advance the interests of efficiency, quality, and timeliness; Now Therefore, be it resolved by the Common Council that the City of Buffalo enact the following pre-hire construction contract guidelines: 1. It is hereby the policy of the City of Buffalo that public works projects implemented by any City department, authority, or instrumentality be subject to a project agreement whenever feasible and whenever such agreement substantially advances the interests of costs, efficiency, quality, safely, timeliness and shall fully conform Lo the City of Buffalo's policies encouraging and providing for the hiring of minority and female residents of the City on such projects and the encouragement of the use of minority and female-owned subcontracting businesses located in the City on such projects. 2. Every City of Buffalo department, authority, or instrumentality authorized to implement a public works project shall ensure that public works projects, whenever possible, be implemented subject to a project agreement with the applicable building, and construction trade union in whose jurisdiction the work is to be performed. 3. In accordance with this Resolution, a City department, authority, or instrumentality responsible for implementing a public works project shall either (a) in good faith negotiate a project agreement directly with the applicable building and construction trade union or council in whose jurisdiction the project is to be performed, or (b) condition the award of a contract with a project manager or general contractor upon an agreement by the project manager or general contractor to in good faith negotiate a project agreement with the applicable building and construction trade union or council in whose jurisdiction the project is to be performed. 4. Any project agreements reached pursuant to this Resolution: a. shall advance the interests of the City of Buffalo including the interests in cost, efficiency, quality, timeliness, and safety; b. shall contain guarantees against strikes, lock-outs, or other similar actions; c. shall set forth effective, immediate, and mutually binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work; d. shall be made binding on all contractors and subcontractors on the public works project through the inclusion of appropriate bid specifications in all relevant bid documents; and e. shall fully conform to the City of Buffalo's policies encouraging and providing for the hiring of minority and female residents of the City on such projects and the encouragement of the use of minority and female-owned subcontracting businesses located in the City on such projects. This Resolution shall take effect immediately and be implemented as soon as practicable in consideration and application of the criteria and policies declared herein. REFERRED TO FINANCE COMMITTEE, CORPORATION COUNSEL, COMMISSIONER OF PUBLIC WORKS, AND BUFFALO URBAN RENEWAL AGENCY. No. 262 By: Mr. Franczyk Closing of Precinct 8 Whereas: The closing of Broadway- Fillmore's Precinct 8 prompted the consolidation of Precincts 8 and II; and Whereas: The new consolidated Precinct's location is 1045 Bailey, approximately one and a half miles from the old Precinct 8 station house located at 647 Fillmore Avenue; and Whereas: Concerns have been raised regarding the new location of the consolidated Precinct considering that the Broadway - Fillmore area has a high crime profile compared to that of the Broadway - Bailey area; and Whereas: The argument has been made by pro-consolidation advocates that the location of a police precinct itself, is a false sense of security to the neighboring community, that, it is said, geographical location does not matter since manpower and the number of cars will remain the same; and Whereas: This argument has already been proven wrong in light of the fact that the old Precinct 8 Station, on Fillmore which closed on July 18, 1994, has, within 2 days of its closing, already been vandalized; and Whereas: A neighboring apartment also has been burglarized within the two days of the closing; and Whereas: The Polonia Florist at 641 Fillmore Avenue has been burglarized just one day after the closing; and Whereas: Having the Police Precinct in the midst of an area with high criminal activity may actually prevent crime, or at least keep it in check making the criminal think twice about the opportunity to commit the crime and police response time; and Whereas: This move to the new location, outside of the Fillmore District, has been done quickly and quietly, without any advisement from the community who is most affected by this move; and Whereas: The new move already has caused quite a stir in light of the above mentioned incidence; and Whereas: It is recognized that consolidation may be beneficial to a community if planned with care, with the community, with a strategy, as opposed to a formula, and not solely used as a budget trimming measure; and Whereas: A reconsideration of the site of the consolidation may be necessary for the safety of East Buffalo residents, as well as to illuminate the benefits of consolidation to all of Buffalo; Now, Therefore, Let It Be Resolved: That Police Commissioner R. Gil Kerlikowske, Captains from Precincts 8 and II, Mayor Anthony Masiello, community leaders of the Broadway Fillmore Area, including myself- County Legislator Greg Olma, Council Members at Large Rosemarie LoTempio, Clifford Bell, and Eugene Fahey, representatives from the Polish Community Center, Neighborhood Housing Service, Neighborhood Information Center, East Buffalo Community Ownership Project, and the Broadway Area Business Association, meet immediately in a closed session to reconsider the strategy of the consolidation of Precincts 8 and 11, its location, and the direct affects it has on the residents and community. ADOPTED. No. 263 By: Mr. Franczyk Declaring Census Tract 27.02 in City of Buffalo An Emergency Based on Crime and Sub-standard Housing Conditions Whereas: Census Tract 27.02, located in the Broadway-Fillmore area of the City of Buffalo is an area where housing conditions and the quality of life are rapidly deteriorating, raising public concerns about the health and safety of (hose living (here, as well as concerns for the long term viability of that neighborhood; and, Whereas: the poor housing conditions, high poverty, rising crime rates and sub-standard sanitary conditions are the cause of the flight of taxpaying homeowners from the city to suburban areas; and, Whereas: the number of properties containing tenants who create nuisances as defined by (lie City Nuisance Abatement Ordinance is on the rise in Census Tract 27.02, with no apparent enforcement of the ordinance; and, Whereas: in addition to the above stated problems, the problem of excessive noise produced by tenants and motorists in Census Tract 27.02, continues with little effort to enforce the City's Noise Ordinance; and, Whereas: to correct and prevent (lie existence of such adverse conditions, and to achieve and maintain the highest standards of public health, safety and general welfare, the enforcement of housing standards and civil and criminal statutes must be pursued in a comprehensive and vigorous manner; and Whereas: until and unless something is done to provide for a comprehensive strategy to eradicate the prevailing conditions in the census tract area mentioned, the viability of the neighborhood remains seriously threatened; and, Whereas: the establishment and enforcement of minimum housing and health standards and civil and criminal statutes by the City of Buffalo, County of Eric and State of New York, is not only desirable, but necessary to sustain a quality living environment for the residents living in Census Tract 27.02; therefore, Let It Be Resolved, That: This Common Council hereby declares Census Tract 27.02, in the City of Buffalo, an emergency housing and crime problem area based on prevailing sub-standard conditions evident there, and calls on the City of Buffalo Housing Inspection officials, County of Erie Health officials, the Buffalo Police Department, Buffalo City Court and all Broadway-Fillmore community based housing improvement organizations to join together in developing and implementing a comprehensive and intensive housing inspection and nuisance and crime abatement program targeting this census tract located in the City of Buffalo; and, Be It Further Resolved, That: said strategy include: 1.A thorough examination and survey of all dwellings, dwelling units and commercial properties in the target census tract area. 2. A strict enforcement policy to ensure compliance with all City of Buffalo Housing Codes, as well as Chapter I of the New York Sanitary Code, Part 21, Housing Hygiene and Occupancy, to be enforced by the City of Buffalo's Division of Housing and Property Inspections and Erie County Health officials. 3. A comprehensive and strict enforcement policy to ensure compliance with the Broadway-Fillmore Urban Renewal Plan. 4. Direct involvement on the part of all community based housing improvement organizations to maximize the use of available housing rehabilitation resources to promote and encourage the revitalization of Census Tract 27.02. 5. Strict enforcement of the City of Buffalo's Nuisance Abatement Ordinance and Noise Ordinance in the interests of preserving and improving the quality of life in Census Tract 27.02; and, Be It Further Resolved: That certified copies of this resolution be sent to the City of Buffalo's Commissioner of Inspections and Community Revitalization Anthony A. Marcom, 5th District County Legislator Gregory B. Olma, Erie County Health Commissioner Dr. Arnold N. Lubin, City of Buffalo Police Commissioner R. Gil Kerlikowske, and Broadway-Fillmore community based housing improvement organizations. ADOPTED. No. 264 By: Mr. Franczyk Certificate of Occupancy Inspections and Fees Whereas: The Common Council passed a law last fall requiring multiple dwellings to be inspected for a Certificate of Occupancy; and Whereas: The application fee for this Certificate is $75.00 for three years for the first three units; and Whereas: Lodging Houses and Boarding Houses have to apply for this Certificate in addition to their annual license, which also includes an inspection; and Whereas: It seems that these types of properties seem to be unfairly hit twice with similar laws protecting the same goals; and Now, Therefore Be it Resolved: That this Common Council call upon the Law Department to report the significance of these overlapping laws and fees and to determine the necessity of amending Chapter 129, Certificates of Occupancy, to exclude Lodging and Boarding Houses. REFERRED TO COMMITTEE ON LEGISLATION, COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND CORPORATION COUNSEL. No. 265 By: Mr. Franczyk Provide Relief to New Owners of Old Big E Bank at 938 Broadway Whereas: The Big E Bank building at 938 Broadway has been vacant and an eyesore for a number of years, creating much concern in the community; and, Whereas: The Big E building was recently purchased at the County of Erie In Rein Tax Foreclosure Auction by the One In Christ Church; and, Whereas: The One In Christ Church is operated by Pastor Frederick and Minister Lydia Gelsey of 430 East Ferry Street; and, Whereas: The One In Christ Church has been active in ministering to the inner city community in a positive mariner; and, Whereas: Pastor and Minister Gelsey aim to continue and expand their work at 938 Broadway; and, Whereas: The property at 938 Broadway was purchased by the One In Christ Church for a sum of $17,000; and, Whereas: The assessed valuation on 938 Broadway remains at $395,000, a gross over assessment of a building that is vacant and in serious disrepair; and, Whereas: The assessed valuation results in an annual City Tax Bill of $14,856; and, Whereas: The new owners of 938 Broadway are applying for a tax exemption as a religious institution to take effect in 1995-1996; and, Whereas: The new owners have received notice to pay the 1994-1995 tax and sewer bill; Whereas: The new owners of 938 Broadway lead a small congregation of believers who are not wealthy enough to pay a $14,856 tax bill; therefore, Let It Be Resolved: That the Commissioner of Assessment provide relief to the new owners of 938 Broadway, the One in Christ Church on their 1994-1995 Tax Bill. REFERRED TO FINANCE COMMITTEE, CORPORATION COUNSEL AND COMMISSIONER OF ASSESSMENT. No. 266 By Mr. Franczyk Ethnic Jokes on Rich Communications Radio Stations Whereas: recently, AM and FM radio stations, namely, WGR, owned by Rich Communications have been broadcasting skits and jokes that make disparaging remarks about those of Polish descent and the Polish community at large; and, Whereas: these radio skits mock people of Polish descent while using sexual innuendo, and by using derogatory terms such as "Polack" often; and, Whereas: the term "Polack" is an ethnic slur on par with terms denigrating other ethnic and racial groups that are no longer used on television or radio; and, Whereas: such use of terms create negative stereotypes and offend far more people than they amuse and should not be broadcast by responsible radio stations; and, Whereas: during a midday program, a talk-show host used the word "Polack" on his show and then disdainfully played a polka for a caller who stated that he was offended by the use of the term and asked for an apology; and, Whereas: the apology requested by the caller was never received; and, Whereas: the skits presented on WGR AM and FM have continued in spite of many protests by individuals and organizations in the Polish community; and Whereas: According to a story in the Am-Pol Eagle newspaper, the term "Polack" was used by Rich Michaels of WGR AM as recently as July 8, in spite of assurances made prior to that date by the station manager that the term would not be used on the station; therefore, Let It Be Resolved That: This Common Council denounces the use of ethnic slurs on local radio stations; and, Be It Further Resolved, That: Certified copies of this resolution be sent to the Robert E. Rich, Jr., owner of Rich Communications; the general managers of WGR AM and FM; and the local offices of the Federal Communications Commission. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FAHEY- 1. No. 267 By: Mr. Franczyk Oppose Sale of Copernicus's "De Revolutionibus Orbium Coelestium" By Buffalo Museum of Science At Auction in New York City Whereas: The Board of Directors of the Buffalo Museum of Science recently voted to sell a number of rare books in the museum's collection; and, Whereas: Among the books slated to be auctioned by Christie's auction house in New York City in November is a first edition of Nicholas Copernicus' "De Revolutionibus Orbium Coelestium"; and, Whereas: Copernicus' "De Revolutionibus...", published in 1543, contains the then revolutionary concept that the Sun, not the earth, was the center of the solar system; and, Whereas: This book is important worldwide as well as to the local Polish community who takes pride in Copernicus' Polish ancestry; and, Whereas: Disseminating information about the existence of Copernicus' book in Buffalo can be used to attract tourists to Buffalo and to the Museum of Science; and, Whereas: There is great danger that Copernicus' work currently owned by the Buffalo Museum of Science will be sold to a buyer located outside of Western New York; therefore, Let It Be Resolved, That: This Common Council strongly oppose the sale of Nicholas Copernicus' "De Revolutionibus Orbium Coelestium" by the Buffalo Museum of Science; and Let It Further Be Resolved That: This Common Council encourage the Buffalo Museum of Science to undertake every effort to ensure that a work of such magnitude remain in Western New York, including discussing the possibility of selling the work locally. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 268 By: Mr. Franczyk Amended PILOT Agreement for 104 Lewis Street Whereas: The Common Council previously approved a tax exemption and PILOT Agreement for the city-owned property known as 104 Lewis Street for the purpose of building thirty-two units of low-income housing sponsored by the Lewis Street Housing Development Fund Co., a not-for-profit corporation organized pursuant to Article 11 of the Private Housing Finance Law; and, WHEREAS: The Project as constructed by the Company is eligible for real property tax exemption pursuant to Section 577 of the Act; Whereas: The previously approved PILOT is a subject of a mayoral veto, but can be approved as amended as recommended by the Mayor, Commissioner of Administration and Finance and Assessment; and, Whereas: A payment-in-lieu of taxes agreement for 104 Lewis Street can be approved with the following language as recommended by the Administration: Now Therefore Be It Resolved; Subject to the approval of the Mayor, that in accordance with Section 577 of the Act, the Project shall be frilly exempt from local and municipal taxes, including school taxes, other than assessments for local improvements and special assessments, and that the Mayor, on behalf of the City of Buffalo, be and is authorized to execute a payment-in-lieu of taxes to the City of Buffalo of 10% of net cash flow or a minimum of $3,000.00 whichever amount is lesser; Be It Further Resolved: That the exemption granted hereby shall operate and continue for so long as the municipally aided, state aided and/or federally aided mortgage on the Project is outstanding, but in no event shall this exemption extend for a period of more than 40 years; and, Be It Further Resolved: That the above terms of the agreement be subject to periodic review, with an eye toward alteration if the economic climate dictates the need for a rate structure change; Be It Further Resolved; That to ensure that the project maintains its eligibility under Section 577 of the Private Housing Finance Law, the city initiate an annual review process to guarantee compliance and aid in the general assessment of the project, as per the concerns of the Commissioners of Administration and Finance and Assessment; Be It Finally Resolved: That said payment-in-lieu of tax agreement at 104 Lewis Street shall contain such terms and conditions as shall be determined by the Corporation Counsel to be in the best interest of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 269 By: Mr. Helfer Regulate Pay Phones in Public Right-of-Way Whereas: Currently, pay phones are installed at various locations throughout the city of Buffalo; and Whereas: At present, the city of Buffalo is attempting to identify and remove illegally installed pay telephones; and Whereas: In some instances, multiple pay phones are located in very close proximity to one another; and Whereas: In addition to these phones being illegally installed, which costs the city the corresponding revenues from proper licensing fees, there is clear evidence that some of the phones are used for illicit drug activity; and Whereas: One way to regulate the proliferation of illegally installed pay phones would be to restrict the number of pay phones located in the public right-of-way in any one particular geographic location; Now, Therefore, Be It Resolved: That this Common Council requests the Corporation Counsel to prepare an Ordinance Amendment restricting the placement of pay telephones, either on pedestal stands or attached to buildings, in the public right-of-way to one per street corner intersection (4 corners) ,e with further restrictions mandating that a minimum of 200 (two hundred) feet separate pay phone locations; and Be It Further Resolved: That banks of public pay phones located inside public buildings be exempted from these restrictions. ADOPTED. No. 270 By: Mr. Helfer Authorization of Condemnation Proceedings through Eminent Domain for 2777 Bailey Avenue Whereas: The City of Buffalo Comptroller's Office has been in the process of trying to acquire a parcel of land known as 2777 Bailey Avenue; and Whereas: The Comptroller's Office was authorized to negotiate for the purchase of a parcel of land located at 2777 Bailey Avenue through C.C.P. #162, May 3, 1994; and Whereas: The public use to be served by this proposed public project will be to provide a location for a new police precinct and community center; and Whereas: The Common Council authorized bond funds for the purchase of 2777 Bailey Avenue through C.C.P. #166, May 17, 1994; and Whereas: Negotiations for the purchase have resulted in the Comptroller's Office negotiating with the owner and offering the owner one hundred fifteen thousand dollars ($115,000) for the property to be acquired; and Whereas: Negotiations have stalled due to legal issues that have arisen regarding the tenant's leasehold interest; and Whereas: It is the opinion of the Comptroller and the Law Department that continued negotiations will not result in an agreement to purchase at this time and that the City should proceed with Condemnation through Eminent Domain. Now Therefore Be It Resolved that: This Common Council authorizes the Corporation Counsel to proceed with Condemnation through Eminent Domain to secure the property at 2777 Bailey Avenue for the City of Buffalo to construct a Police Precinct/Community Center; and Be It Further Resolved that: This Common Council directs the City Clerk to set a public hearing on the above subject matter. PASSED. AYES- 13 NOES- 0. No. 271 By: Mr. Helfer Department of Streets and Sanitation Policy on Issuing Summons and Trash and Garbage Pick Up Whereas: The Department of Streets and Sanitation has taken an aggressive attitude toward the issuance of summons for excess trash and garbage and trash and garbage put to the curb more than 24 hours before the scheduled pick up and trash put out during the wrong week of "Trash Pick-up"; and Whereas: This Common Council commends the department for their aggressive pursuit of compliance of City Ordinances; and Whereas: The summonses are issued by foremen who drive ahead of the crews; and Whereas: The Department's practice is to issue the summons to property owners who are in violation of the City's Ordinance; and Whereas: The schedule of fees and fines for violations is not common knowledge; and Whereas: After the summons is issued the trash and garbage is not collected and may sit at curbside for weeks at a time; and Whereas: Garbage and trash left sitting at the curb creates a health risk, and is detrimental to the appearance and cleanliness of the neighborhood. Now Therefore Be It Resolved that: This Honorable Body directs the Department of Streets and Sanitation to provide a schedule of the violations and the attached fees issued and enforced by the Department to this body. Be It Further Resolved that: The Department of Streets and Sanitation shall develop a policy in writing regarding the issuance of summonses and the pick up of garbage and trash at the cited property and present such policy to this body. Be It Finally Resolved that: The Department of Streets and Sanitation shall provide in writing to this Council, an appropriate "pick-up fee" that could be attached to the fine in the event the Department of Streets and Sanitation hauled the garbage or trash away the same day as the issuance of the summons, with proper and complete justification. REFERRED TO FINANCE COMMITTEE, COMMISSIONER OF STREETS AND CORPORATION COUNSEL. No. 272 By: Mrs. LoTempio Appointment of Legislative Assistant I hereby nominate Linda L. Scott to the position of Legislative Assistant to the Common Council effective Monday, July 18,1994. Ms. Scott resides at 88 Rebecca Park, Buffalo, NY 14207. ADOPTED. No. 273 By: Mrs. LoTempio Status Report - Police Department Interim Action Plan Whereas: On May 19, 1994, the Common Council amended and passed Resolution # 156, C.C.P. 3/3/94 as part of the 1994-95 Budget process granting the request of the Police Commissioner to close four (4) Police Precinct Stations, Precinct 17 at 98 Colvin, Precinct 4 at 485 Michigan, Precinct 8 at 647 Fillmore, and Precinct 10 at 566 Niagara Street to allow him to move ahead with the Police Department Interim Action Plan; and Whereas: The Interim Action Plan, which is currently being implemented on a staggered basis, calls for the combining of Precinct 13 with 17, Precinct 4 with 10 and 3, Precinct 8 with 11, and Precinct 5 with 6 in an effort to provide more efficient and effective police service to the city of Buffalo before frill Police Department Reorganization is implemented in the future; and Whereas: When the Police Commissioner submitted his Interim Action Plan, he cited several areas where the department and the city would experience benefits and improvements; and Whereas: Those areas include: 1.) an increase in the number of Officers for patrol duty; 2.) improved supervision; 3.) improved Detective efficiency; 4. )improved scheduling; 5.) a reduction in department overtime costs; 6.) reduced operating expenditures; and 7.) the ability to focus on problem areas within each district; and Whereas: Residents who live in proximity to the affected police precincts, and Police Officers from those precincts have raised concerns about the efficiency and effectiveness of the Interim Action Plan in its early stages; and Whereas: The resolution passed by the Council authorizing the closing of precincts directed the Commissioner of Police to give a status report of the Interim Action Plan within a year of its implementation; and Whereas: In light of the concerns expressed by the community and police officers, the Police Commissioner should submit a current status report of the Police Department Interim Action Plan to the Common Council for review; Now, Therefore, Be It Resolved: That The Common Council request the Commissioner of Police to submit a status report on the implementation of the Police Department Interim Action Plan; and Be It Further Resolved: That the Commissioner give a detailed accounting of each of the seven (7) proposed areas of benefit cited in the report illustrating improvements due to implementation of the interim action plan and include a comparison to the former operation of the Police Department. ADOPTED. No. 274 By: Mrs. LoTempio The Designation of a National Highway System Whereas: The United States House of Representatives has passed legislation, H.R. 4385, to approve a new National Highway System of about 159,000 miles; and Whereas: This system comprises only 4% of the nation's public roads but will carry 40% of all highway traffic and 75% of heavy truck traffic; and Whereas: In the State of New York the National Highway System comprises 4.4% of our roads, but will carry 33% of all motor vehicle traffic; and Whereas: The nation's interstate highway system has been instrumental to the economic vitality of our country, but as envisioned in the 1950's is not sufficient to allow our continued growth in the 21st century; and Whereas: Sixty percent of U.S. households and 70% of our businesses are within five miles of an interstate route, but 90% and 95% respectively will be that close to the National Highway System; and Whereas: Funding for the National Highway System can be expected to fund 250,000 jobs each year; and Whereas: Traffic congestion currently costs travelers about $1 billion per year in lost productivity in each of the nation's eight largest metropolitan areas; and Whereas: Nearly 70% of the access roads to containerized ports are usually or always congested and so improvement of these roads will help the country compete in the global economy; and Whereas: The National Highway System will benefit all consumers, reducing the cost of transporting goods and products, thereby producing savings for us all; and Whereas: The National Highway System is important to the nation's defense, including 15,500 miles of strategic highway network identified by the Department of Defense, and 2,000 miles providing access to 242 military bases; and Whereas: The National Highway System brings $270.3 million in annual federal-aid highway funding to the State of New York; and Whereas: This legislation will be beneficial to the nation, the State of New York and the City of Buffalo; Now, Therefore Be It Resolved: That the City of Buffalo supports and recommends consideration by the United States Senate in 1994 of legislation to approve the national Highway System; and Be It Further Resolved: That the City Clerk forward certified copies of this resolution to the United States Senate and to Senators Alfonse D'Amato and Daniel Patrick Moynihan representing New York State. ADOPTED. No. 275 By: Mrs. LoTempio Issuance of Liquor Licenses Whereas: At present, the process used to review liquor license applications has shortcomings; and Whereas: Included in these shortcomings are the lack of a comprehensive review of the tax status of the applicant and/or the owner of the building that will house the business and a limited participation level in application review on the part of the local municipality in which the business will be located; and Whereas: A thorough review of the applicant's and owner's status regarding property taxes, water and sewer bills, housing code and parking violations, and any other debt owed to the city of Buffalo would enable the city to identify and collect that debt; and Whereas: Enhanced participation on the part of the city in the State Liquor Authority's review of the application would also benefit both parties because the city would be informed of applications in a very timely manner and the SLA would receive pertinent data related to any concerns the city may have regarding the application; Now, Therefore, Be It Resolved: That the Corporation Counsel file a report with this Council responding to the following concerns: What methods are or can be used to withhold or deny licenses and permits to owners/operators of bars in the event that there exists debt to the city?; In the event that the bar operator and the building owner are not the same, and the owner has outstanding debt owed the city which could impact on the operator's ability to receive the appropriate licenses and permits, is there any action the operator can take to prevent the owner's negligence from negatively impacting on his business operations? For example, is it possible for the operator to legally withhold rent from the owner until such time that the debt is satisfied? ; and Be It Further Resolved: That the State Liquor Authority be requested to file a response with this Council advising the city of Buffalo of any opportunities presently or potentially available to increase the role of local government in the review process of liquor license applications; and Be It Further Resolved: That the City Clerk forward a certified copy of this resolution to Frank N. Cuomo, Commissioner, State of New York Liquor Authority, 125 Main Street, Buffalo, New York 14203; and Be It Finally Resolved: That these responses be filed with the City Clerk prior to 2 P.M. on Thursday, September 1, 1994. ADOPTED. No. 276 By: Mr. Perla Request the Development of a Special Porter-Prospect Ave. Residential Overlay Review District Whereas: The Porter and Prospect Ave. residential and business community is a vital part of the Niagara District and the City of Buffalo; and Whereas: Within the Porter and Prospect Ave. area is a unique mix of historic residential homes, the D'Youville College educational center, the Connecticut Street business area and the Peace Bridge International Plaza; and Whereas: A progressive agenda for redevelopment and expansion is already underway or planned for in many locations throughout the community; and Whereas: It is important to hear different views expressed by residents and businessmen of the Porter and Prospect Ave. community regarding what best suits the future of this area; and Whereas: Creating a special overlay review district for the Porter and Prospect Ave. community would create a forum by which residents would be able take an active role in projects being initiated in their community. Now, Therefore Be It Resolved That: This Common Council requests the Department of Community Development and the Division of Planning to develop the parameters and boundaries for a special Porter-Prospect Ave. residential overlay review district and file a report with this Council by Thursday, September 1, 1994 on how they propose to establish this special zoning district. REFERRED TO COMMITTEE ON ECONOMIC DEVELOPMENT AND CITY PLANNING BOARD. No. 277 By Mr. Perla Discharge Committee on Economic Development Amend LDA-Ellicott New Housing Item No. 65, CCP, July 12, 1994 Whereas, the above item is currently tabled in the Committee on Economic Development 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 Committee on Economic Development from further consideration of this item, and the item is now before the Common Council for its consideration. ADOPTED. AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- BELL- 1. Mr. Pitts now moved the approval of the item as follows: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated M.J Peterson/Forbes Housing, Co., Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, BURA and the Redeveloper have requested to amend said LDA to include 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 119 Mortimer Street 127 Mortimer Street 130 Mortimer Street 131 Mortimer Street 133 Mortimer Street 137 Mortimer street William Street 23 Camp Street 471 Spring 473 Spring Street 475 Spring 12 Hollister Street 170 & 176 Bennett St.; NOW, THEREFORE, BE IT RESOLVED: (1) That The LDA be amended 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 119 Mortimer Street 127 Mortimer Street 130 Mortimer Street 131 Mortimer Street 133 Mortimer Street 137 Mortimer Street 475 William Street 23 Camp Street 471 Spring 473 Spring Street 475 Spring 12 Hollister Street 170 & 176 Bennett St.; (2) All terms and provisions not included in this Amendment shall remain in full effect. (3) That the Mayor of the City of Buffalo and the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and the Mayor of City of Buffalo are hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein: PASSED. AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- BELL- 1. No. 278 By: Mr. Pitts Stop Sign at Ellicott and Southampton Streets Whereas: The residents in the area of Southampton and Ellicott Streets have complained that a traffic hazard exists at the intersection. There is no Stop Sign!, and Whereas: There are numerous children paying in the area. Sooner or later some child is going to be hit, and Whereas: A Stop Sign at the corner is needed because Ellicott Street is one way traveling north and there is no traffic devices to slow traffic. Now Therefore Be It Resolved That: The Common Council requests the Department of Public Works to place a Stop Sign at the corner of Southampton and Ellicott Streets. ADOPTED. No. 279 By: Messrs. Pitts and Franczyk Request Congress to Pass a Comprehensive, Universal Health Care Plan Whereas: This Common Council, in adopting Item 206 C.C.P. September 17, 1991, requested that "the U.S. Congress adopt a national health program that will give all U.S. citizens access to universal, comprehensive health care", and further requested that Congress adopt a national single payer health program to achieve that goal; and Whereas: The Council resolution was part of a grass roots campaign waged in support of single payer national health care reform; and Whereas: Health care industry special interests, particularly insurance companies, have waged a campaign to oppose significant health care reform by spending $100 million on media, campaign contributions, and lobbying; and Whereas: Those special interests have successfully built momentum in Congress that may prevent passage of the basic elements of health care reform such as: universal coverage; financing through progressive taxes, payroll taxes or employer mandates; cost controls through a nationally administered single payer system or through health purchasing alliances; and a state option to opt for a single payer system; and Whereas: The right to health care for all Americans is the burning moral issue of our time; and Whereas: Non-violent, direct action, including fasting, sit-ins, and vigils, can be an affective means of highlighting the moral dimensions of this issue to our political leaders and the public; Now Therefore Be It Resolved, that: This Council calls upon the House and Senate to include fair financing, efficient administration through a national single payer program (or minimally, a state option for single payer), choice of provider, and comprehensive benefits (inclusive of long-term care, mental health and substance abuse), as part of the final bill; and Be It Further Resolved, that: This Council calls upon Senators D'Amato and Moynihan, the WNY House delegation and Congress as a whole to press for a health care bill that will provide universal coverage for all Americans by 1996; and Be It Further Resolved, that: This Council commits itself to a chain fast (as one form of non-violent direct action) beginning August 3, 1994, to demonstrate its political and moral commitment to passage of a universal health care bill which includes the provisions listed above; and Be It Further Resolved, that: This Council grants permission to the WNY Health Care Campaign to use the lawn area in front of City Hall to erect a temporary sign with the message "WNY'ers Want Health Coverage as Good as Congress Has" along with a large calendar with the names of fasters; and Be It Further Resolved, that: This Council commends the following religious and community leaders who have already agreed to join Councilmembers in chain lasting to help publicize this issue: James Williams, PO Box 837, Buffalo Bill Frey, 43 Lorry Drive, West Seneca Benjamin Riaj, 3564 California Road, Orchard Park Barbara Bauch, 306 Abbott Road, Buffalo Mary E. Heimbueger, 3905 Teachers Lane, Orchard Park Joan Malone, 472 Emslie Street, Buffalo Robert E. Grimm, 626 Lafayette Avenue, Buffalo Tricia Feely, 184 St. James Place, Buffalo Fr. David Glassmire, 54 Alamo Place, Buffalo Tony Luppino, 92 Albany Street, Buffalo Rev. Robert P. Beck, 142 Prospect Avenue, Buffalo Germain Harnden, 39 Days Park, Buffalo Larry Chase, 15 Jewett Parkway, Buffalo Richard Neal, 116 Treehaven Road, West Seneca Jim Mang, 472 Emslie Street, Buffalo Sam Sciolino, 229 Crosby Avenue, Buffalo Yvette Rebholz, 110 Pearl Street, Buffalo Helen Cyrulik, 810 Main Street, Buffalo Bill Covington, 121 Greenwood Place, Buffalo Catherine Nugent, 227 Norwood Avenue, Buffalo Jena Osman, 107 14th Street, Buffalo Roger Cook, 2495 Main Street, Buffalo; and Be It Further Resolved, that: This Council invites all Buffalo residents to join this fast and other acts of nonviolent direct action to secure passage of a comprehensive universal health care bill this year. Be It Finally Resolved, that: The City Clerk be directed to send certified copies of this resolution to the WNY Congressional delegation. ADOPTED. No. 280 By: Mr. Pitts Permission to Erect Banner Hispanic Heritage Festival Whereas: The Father Belle Community Center, in conjunction with Los Tainos Senior Citizens Organization will hold its Eighth Annual Hispanic Heritage Festival on September 10 and September 11, 1994; and Whereas: As in past years, the Hispanic Heritage Festival Committee requests permission to erect a banner promoting this event; and Whereas: This festival will once again be a major expression of Hispanic Heritage which will give the community the opportunity to experience ethnic art and crafts, foods from the Carribean, Latin America and South America, and ethnic music and dances; and Now Therefore Be It Resolved that: That this Common Council grant permission to the Hispanic Heritage Festival Committee to erect a banner on Niagara Street at the intersection of Maryland Street on existing light standards for the period of September 1 through September 12, 1994 upon conditions set forth by the Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 281 By: Mr. Pitts Negotiate Sale of 263 Guilford Street Whereas: 263 Guilford Street is city-owned. This vacant lot is problematic to the neighborhood because of dumping, and Whereas: The City has had to maintain this lot consistently. The costs have been very high, and Whereas: Mr. Stanley Brand, residing at 265 Guilford Street has expressed an interest in owning and maintaining this lot to expand his yard. Now Therefore Be It Resolved That: The Common Council requests the Comptroller to negotiate a private sale of 263 Guilford to Mr. Brand and report to this Common Council. ADOPTED. No. 282 By: Mr. Pitts CDBG Section 108 Funds Market Arcade Restaurant Development, Inc. Whereas, on May 19, 1994, Item # 3, the Common Council of the City of Buffalo passed a resolution authorizing a $2,200,000.00 United States Department of Housing and Urban Development Section 108 Loan; and Whereas, The United States Department of Housing and Urban Development regulations now require a more definitive authorizing resolution. NOW, THEREFORE, be it resolved: 1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a. The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b. That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 loan. c. The loan shall be administered by The Buffalo Enterprise Development Corporation. d. The loan shall be granted to Market Arcade Restaurant Development, Inc. (hereinafter referred to as "Market Arcade"). e. The loan shall be secured by the following: i. A first mortgage and assignment of rents on 4902 and 4211 Genesee Street, Cheektowaga, New York; ii. A first lien on all machinery, equipment, furniture, fixtures, accounts receivable, inventory, documents, chattel paper and general intangibles, now owned and hereafter acquired, and all proceeds of T.G.I.. Friday's Restaurant, located at 601 Main Street; iii. Limited Guaranties of James A. Cosentino and Patrick A. Cosentino, II in the amount of $633,000.00 for each of the Guarantors. 2. That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution. PASSED. AYES- 13 NOES- 0. No. 283 By: Mr. Pitts CDBG Section 108 Funds Market Arcade Complex Whereas, on October 29, 1991, Item # 123, the Common Council of the City of Buffalo passed a resolution authorizing a $5,000,000.00 United States Department of Housing and Urban Development Section 108 Loan; and Whereas, the Department of Community Development of the City of Buffalo wishes to use $3,300,000.00 of the above approval for the Market Arcade Complex Project; and Whereas, The United States Department of Housing and Urban Development regulations now require a more definitive authorizing resolution. NOW, THEREFORE, be it resolved: 1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a. The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b. That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 loan. c. The loan shall be administered by The Buffalo Enterprise Development Corporation. d. The loan shall be granted to City of Buffalo Urban Renewal Agency (hereinafter referred to as "BURA"). 2. That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution. PASSED. AYES- 13 NOES- 0. No. 284 By: Mr. Pitts CDBG Section 108 Funds Towne Gardens, Ltd. Whereas, on October 29, 1991, Item # 123, the Common Council of the City of Buffalo passed a resolution authorizing a $5,000,000.00 United States Department of Housing and Urban Development Section 108 Loan; and Whereas, the Department of Community Development of the City of Buffalo wishes to use $1,700,000.00 of the above approval for the Towne Gardens Project; and Whereas, The United States Department of Housing and Urban Development regulations now require a more definitive authorizing resolution. NOW, THEREFORE, be it resolved: 1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a. The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b. That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 loan. c. The loan shall be administered by The Buffalo Enterprise Development Corporation. d. The loan shall be granted to Towne Gardens, Ltd. (hereinafter referred to as "Towne Gardens"). e. The loan shall be secured by a second mortgage and assignment of rents/contracts on 421-465 William Street and --the residential units on Clinton, William, Hickory and Jefferson Avenues, in the amount of $2,125,000.00; 2. That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution. PASSED. AYES- 13 NOES- 0. No. 285 By: Mr. Pitts Job Corps Training and Education Program; Waive Police Background Check Fee For Participates. Whereas: Job Corps is a national training and education program designed to address the multiple barriers to employment faced by disadvantaged youths. Job Corps is a residential program that provides a comprehensive mix of services in an integrated and coordinated manner; and Whereas: Job Corps participants undergo initial diagnostic testing and occupational exploration program. They participate in comprehensive basic education, including math, reading preparation for high school equivalency (GED) health exams and driver's education. All education and training programs allow students to begin at their individual level and progress at their own pace. Upon graduation participants are assisted by our Buffalo Placement Office, where the placement success rate is 95%. Whereas: In order for to participate in Job Corps applicants must fit into the " economically disadvantaged" guidelines, the average family income is $6,000 per year or less. Many of the students come from Compass House, the City Mission, the Franciscan Center and Little Portions Frairy which house troubled and homeless youth' and Whereas: In order for students to participate in Job Crops, they must obtain a Police background check, this is a mandatory requirement for the application. Currently, she city of Buffalo Police are charging a fee of $6.00 for the background check; and Now Therefore Be It Resolved, that: This Common Council have the fee waived for all students which are applying for Job Corps since they must be economically disadvantaged in order to apply. PASSED. AYES- 13 NOES- 0 No. 286 By: Mr. Pitts Discharge Committee on Legislation Use Scott St. - Billboard Item #107- CCP 7/12/94 Whereas, the above item is currently tabled in the Committee on Legislation, 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 Committee on Legislation from further consideration of this item, and the item is now before the Common Council for its consideration. ADOPTED. Mr. Pitts now moved: Whereas: The upstate milk Cooperative has petitioned the City of Buffalo for a Use Permit to place a Billboard at 206 Scott Street, and Whereas: The Common Council's Committee on Legislation held a hearing and the petition has to go to the Zoning Board of Appeals, which will meet after the Common Council recesses for the summer, and Whereas: In order to expedite the petitioners request, the Common Council may provide its recommendation to the Zoning Board of Appeals. Now Therefore Be It Resolved That: The Common Council Discharge Item #107, a Petition to use 206 Scott Street for Billboard from the Committee on Legislation. Be It Further Resolved That: The Common Council approve the permit and request that the Zoning Board of Appeals grant a variance for the Billboard based upon a hardship because the proposed sign is on the opposite side of the building and not visible to the Thruway. PASSED. AYES- 13 NOES- 0. No. 287 By: Messrs. Pitts and Coppola City Of Buffalo Local Law No _________ (1994) Introductory No. 11 (1994) A LOCAL LAW adopting section 459-d of the Charter of the City of Buffalo in relation to an early retirement incentive. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section four hundred fifty-nine-d of the Charter of the City of Buffalo, be adopted pursuant to law, to read as follows: Sec. 459-d. 1994 Targeted Early Retirement Incentive. (1) The City of Buffalo hereby elects to provide to eligible employees with a retirement incentive program authorized by Chapter -Laws of 1994. (2) The commencement date of the retirement incentive program shall be September 15, 1994. (3) The open period during which eligible employees may elect to retire and receive the additional retirement benefit, shall be sixty-seven (67) days in length. (4) The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be funded over a five-year period. The amount of the annual payment in each of the five years shall be determined by the Actuary of the New York State and Local Employee's Retirement System and it shall be paid by the City of Buffalo for each employee who receives the retirement benefits under this Local Law. (5) This local law shall take effect immediately. (6) The City of Buffalo's joint Council/Administration/Union/Comptroller Budget Committee is responsible to oversee and make recommendations to manage the workforce. APPROVED AS TO FORM Edward Peace Corporation Counsel LAID ON THE TABLE. No. 288 By: Mr. Pitts Negotiate Purchase- Elmwood Ave. Area-Painters District Council Be It Resolved: That the Corporation Counsel and the Comptroller be, and hereby are authorized to negotiate with the Painters District Council #4 and the Painters District Council #4-Apprentice Fund for the purchase of property located at 376-378 Virginia Street and 12 Elmwood Avenue and to report back to the Common Council the results of said negotiations. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS, ZUCHLEWSKI- 11. NOES- FAHEY, PERLA- 2. No. 289 By: Messrs. Pitts, Perla and Mrs. LoTempio Common Council Casino Gaming Task Force Request NYS Legislature to Reconvene and Consider Constitutional Amendment for Legalized Gambling in New York State Whereas: The New York State Legislature is considering amending the state constitution to legalize casino gambling; and Whereas: The city of Buffalo, with the support of the county of Erie has expressed interest in obtaining the option to participate in such industry should statewide legalization occur; and Whereas: There are others who are interested in the movement of such legislation, such as the Mayor's Office, the city Department of Community Development, the Greater Buffalo Partnership, the Buffalo Convention and Visitors Bureau and the Gambling for Buffalo's Renaissance Coalition; and Whereas: The Buffalo Common Council believing further study and discussion are necessary on the issue of casino gambling created the Common Council Casino Gaming Task Force, herein referred to as the Task Force, with membership representing those entities above; and Whereas: The Task Force understands that the state legislature must act on first passage of a constitutional amendment legalizing casino gaming in New York State by August 8, 1994; and Whereas: The Task Force proposes that such legislation include a specific provision permitting the city of Buffalo to have not more than one land-based location for gaming, if approved by local referendum; and Whereas: The Task Force has adopted a mission statement attached to this resolution; and Whereas: The Task Force is to study other already established gaming locations nationally and evaluate the potential for competition in our region; and Whereas: The Task Force will continue to be the forum of discussion and resource of information on this issue to the Common Council and the public; Now, Therefore Be It Resolved: That the Common Council adopt the attached Mission Statement of the Gaming Task Force; and Be It Further Resolved: That the Common Council request the New York State Legislature to reconvene to consider a constitutional amendment authorizing casino gaming in New York State; and Be It Finally Resolved: That the Council direct the City Clerk to certify passage of this resolution and forward copies to the Majority Leader of the Senate, Speaker of the Assembly, Secretary of the Senate, Clerk of the Assembly and the Western New York State Legislative Delegation. Mr. Pitts moved that the approval of the above item; seconded by Mr. Collins. LOST. AYES- COLLINS, COPPOLA, LOTEMPIO, PERLA, PITTS- 5. NOES- ARTHUR, BELL, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, ZUCHLEWSKI- 8. No. 290 By: Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Martha J. McCullough By Councilmember Fahey ADOPTED. No. 291 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required For The Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Linda L. Scott ADOPTED. No. 292 By: Mr. Zuchlewski CDBG Section 108 Funds Harbour Place Marine Sales, Inc. Whereas, on January 25, 1994, Item # 71, the Common Council of the City of Buffalo passed a resolution authorizing a $1,620,706.00 United States Department of Housing and Urban Development Section 108 Loan; and Whereas, The United States Department of Housing and Urban Development regulations now require a more definitive authorizing resolution. NOW, THEREFORE, be it resolved: 1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a. The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b. That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 loan. c. The loan shall be administered by The Buffalo Enterprise Development Corporation. d. The loan shall be granted to Harbour Place Marine Sales, Inc. (hereinafter referred to as "Harbour Place"). e. The loan shall be secured by the following: i. A first mortgage and assignment of rents on 2192 Niagara Street; ii. A first lien on all machinery, equipment, furniture, fixtures, accounts receivable, inventory, documents, chattel paper and general intangibles, now owned and hereafter acquired, and all proceeds; iii. Guaranties of James H. Williams and Roger C. Bennett. f. The loan shall be further conditioned on the following: i. Harbour Place shall transfer to the City of Buffalo for use as a public park the existing green space area including the gazebo located adjacent to Cornelius Creek Parks and up to the existing parking area. ii. Harbour Place shall grant to the City of Buffalo up to a fifteen feet (but in no case less than ten Feet) wide easement along its southern boundary so as to connect the existing Riverwalk to the Niagara River and an easement along the western boundary of its property. 2. That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution. PASSED. AYES- 13 NOES- 0. No. 293 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Stanley D. Swisher ADOPTED. No. 294 Adjournment On a motion by Mr. Pitts, seconded by Mr. Bell, the Council adjourned at 6:45 P.M. Charles L. Michaux, III City Clerk Board of Police and Fire Pension Proceedings #7 Mayor's Office-201 City Hall July 28, 1994- 11:00 a.m. Present: George K. Arthur, Council President; R. Michael McNamara, Deputy Comptroller-2 Absent: Anthony M. Masiello, Mayor-1 The Journal of the last Meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of July 1994 amounting to $30,233.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 The following annuitants have been cancel led from the Fire Pension Payroll: Hilda F. Liebler Died 6/26/94 Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of July 1994 amounting to $30,707.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 4 The following annuitants have been cancel led from the Police Pension Payroll: Luella Noeppel Died 6/2/94 Freda Gibbons Died 6/10/94 Thelma Maul Died 6/17/94 Received and Filed. No. 5 Mr. Arthur made a motion to give approval to the City Clerk for the payroll of August 1994 and adopt same. Adopted Ayes- 2. Noes-0. No. 6 On motion by Mr. McNamara, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.